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Home My WebLink AboutSubmittal-Revised Declaration of Restrictive CovenantsW. TUCKER GIBBS ATTORNEY AT LAW 2980 MCFARLANE ROAD P.O. Box 1050 COCONUT GROVE, FLORIDA 33 [33 TELEPHONE (305` 448-8486 FACSIMILE (3(: , 448-0773 July 23, 2008 RECEIVED M8 JUL 23 PM 4+ 3 I TriO/IPSSOp CI i 't` CLERK CITY OF li1C,HI, FL VIA HAND DELIVERY Pierre Sands, President Village West 'Homeowners and Tenants Association PO Box 331389 Coconut Grove, Florida 33133 Re: Pointe Group Advisors - Proposed Declaration of Restrictive Covenants Dear Mr. Sands: Attached please find a revised Declaration of Restrictive Covenants reflecting the comments made by the Cocoanut Grove Village Council at its meeting last week. While neither I nor my clients have received a response from the Village West Homeowners and Tenants Association ("HOTA") to present these revisions concerns members of the council. my letter of July 17, 2008, we in an effort to accommodate the community expressed to the village My clients and I look forward to your comments regarding the revised Declaration in our continuing effort to respond to the community's wishes concerning our project. Sincerely, Yir, Jac W. Tucker"- ibbs cc: Honorable Joe M. Sanchez, Commission Chairman Honorable Angel Gonzalez, Commissioner Honorable Tomas P. Regalado, Commissioner Honorable Marc Sarnoff, Commissioner Honorable Michelle Spence -Jones, Commissioner Pedro Hernandez, City Manager CO 03 -i hi 71 df_.-:3 ca oolwazc- Rev►s 1 1 ciar. n of lestr Cove .v s Julie 0. Bru, City Attorney -�_-a Thompson, City Clerk Jim McMaster Peter Gardner, Pointe Group Advisors 2 Submitted into the public record in connection with item PZ.17 on 07-24-08 Priscilla A. Thompson City Clerk This instrument was prepared by: Name: W. Tucker Gibbs, Esq. W. Tucker Gibbs, P.A. Address: 2980 McFarlane Road, Suite 205 Coconut Grove, Florida, 33133 Submitted into the public record in connection with item PZ.17 on 07-24-08 Priscilla A. Thompson City Clerk (Space reserved for Cleft) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of July, 2008, by GV Bimini, LLC, and (hereinafter referred to as the "Owner"), is in favor of the City of Miami, Florida, a municipality located within the state of Florida (hereinafter referred to as the "City"). WITNESSETH WHEREAS, the Owner sought and obtained a land use change and rezoning for its property located at and being legally described as: (See attached Exhibit "A") ("Property") WHEREAS, on July 24, 2008 the City of Miami City Commission approved the land use change to Restricted Commercial and the rezoning of the Property to an SD-2 Coconut Grove Central Commercial District Overlay as more specifically set forth in Exhibit "B" attached hereto; WHEREAS, the Owner is desirous of making this voluntary binding commitment to benefit the City of Miami as well as the neighbors within the 500 foot radius of the Property that assures that the Property shall be developed in accordance with the provisions of the site plan set forth in Exhibit "C" attached hereto, or as authorized pursuant to a subsequently approved Major Use Special Permit ("MUSP"); NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the owner of the Property, and its heirs, successors and assigns as follows: Section 1. The recitals and findings set forth in the recitals of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this section. Section 2. The Owner hereby makes the following volt ntary declarations running with the land concerning the use of the Property: A. The Property shall be used solely as set forth in the site plan attached hereto as Exhibit "C" as approved on July 24, 2008 either by a Class II permit or as authorized pursuant to a Submitted into the public record in connection with 2 of 8 item PZ.17 on 07-24-08 Priscilla A. Thompson City Clerk subsecuently approved MUSP on this property and the adjoining property owned by Owner. B. In no event shall the commercial zoning boundary line be located closer to Florida Avenue on the north and Thomas Avenue to the south than as depicted on Exhibit "B." C. If the Owner or any successor applies to the city for a substantial change to the site plan shown on Exhibit "C" or a substantial change to a site plan on the Property approved by any subsequent MUSP said application shall be made only after written approval of 75% of the owners of real property within 500-feet of the Property. Substantial change shall be as defined in section 2215.1 of the City of Miami Zoning Ordinance 11000 in effect at the date of execution of this document. D. Commercial uses abutting residential uses shall be buffered from abutting single-family, duplex and townhouse uses by a six (6)-foot high wall unless the city permits an eight(8)-foot high wall in that location. 3 of 8 Submitted into the public record in connection with item PZ.17 on 07-24-08 Priscilla A. Thompson City Clerk E.The Owner shall construct detached and attached single family residences along Florida and Thomas avenues respectively, with a maximum height of 25 feet. The single family homes on Florida Avenue and townhouses on Thomas Avenue depicted in Exhibit "B" shall comply with the SD-28 Design Guidelines set forth in Section 628.9.1 of the Zoning Ordinance of the City of Miami in effect as of the date of the recordation of this Declaration. F.The single family homes on Florida Avenue and townhouses on Thomas Avenue depicted in Exhibit "B" shall be completed and receive final certificates of occupancy within 12 months of the issuance of the final certificates of occupancy for the buildings within the commercially zoned portion of the property. G. No residential unit on the Property shall be used for office use except in accordance with the provisions of the Code of Ordinances of the City of Miami in existence as of the date of execution of this Declaration. 4 of 8 Submitted into the public record in connection with item PZ.17 on 07-24-08 Priscilla A. Thompson City Clerk Submitted into the public record in connection with item PZ.17 on 07-24-08 Priscilla A. Thompson City Clerk H. The undersigned further agrees that these conditions, restrictions and limitations shall be deemed covenants running with the land, shall be recorded in the Public Records of Miami -Dade County by the Owner within thirty (30) days of the non -appealable approval of the land use change and the non -appealable approval of the rezoning and acceptance of this Declaration by the city. The Owner shall provide the city with a recorded copy of this Declaration within sixty (60) days of the recordation of that document. The site plan set forth in Exhibit "B" includes a 40,000 square -foot grocery store. In the event that the City amends the zoning ordinance to permit a 40,000 square -foot grocery store as planned ("Amendment") and in the event that no permit is submitted for a grocery store within 24 months of the final approval of the Amendment the Owner shall not object if the City seeks to rezone the Property to its original classification. Section 3. Effective Date. If the City of Miami Commission approves the land use change and the change of zoning, and after said approval has become final and non- 5 of 8 appealable, this Declaration shall constitute a covenant running with the title to the Property and be binding upon the Owner(s), its successors and assigns. These restrictions shall be a limitation upon all present and future owners of the Property and for the benefit of the public welfare. Section 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding on the owner of the Property, its successors and assigns for the initial period of thirty (30) years from the date this Declaration is recorded in the public records of Miami -Dade County and shall be automatically extended for successive periods of ten (10) years thereafter. Section 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right, at any time during normal working hours, of entering and investigating the use of the Prope,-cy to determine whether the conditions of this Declaration and requirements of the city's building and zoning regulations are being met. An enforcement action may be brought by the City or any neighbor within 500 feet of the property by action in law or in equity against any 6 of 8 Submitted into the public record in connection with item PZ.17 on 07-24-08 Priscilla A. Thompson City Clerk Submitted into the public record in connection with item PZ.17 on 07-24-08 Priscilla A. Thompson City Clerk party or person violating or attempting to violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. Section 6. Amendment, Modification and Release. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then Owner of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami City Commission after a public hearing, which public hearing shall (including any requirements for public notice) be applied for at the expense of the Owner. However, the Owner shall not seek such modification, amendment, or release without first having obtained the written approval of 75% of the owners of real property within 500-feet of the Property. Upon approval of such modification amendment or release as specified herein, the Director of the City of Miami's Planning and Zoning Department, or his/her successor, shall execute a written 7 of 8 instrument in recordable form effectuating and ac ::.owledging such modification, amendment or release. Such irs=u:ents shall be in a form acceptable to the City of Miami City Attorney. Section 6. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full effect. Section 7. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. Signed, witnessed, executed and acknowledged on this day of July, 2008. Witnesses: OWNER Signature Print Name Address: Signature Print Name STATE OF FLORIDA 8 of 8 Submitted into the public record in connection with item PZ.17 on 07-24-08 Priscilla A. Thompson City Clerk COUNTY OF MIAMI—DADE The foregoing instrument was acknowledged before me by , on behalf of the corporation. S/he is ❑ personally know to me or ❑ has produced as iden_ification. Witness my signature and official seal this day of June, 2008, in the County and State aforesaid. My Commission Expires: Notary Public Print Name 9 of 8 Submitted into the public record in connection with item PZ.17 on 07-24-08 Priscilla A. Thompson City Clerk EXHIBIT "A" Legal Description for Blocks 24 and 27 LEGAL DESCRIPTION: South 23 fast of tots 10 through 18. Block 27, of AMENDED PLAT OF THE FROW FIOMEST'EID, according to the plat thereof.y, In In Plat Book ' Pale 106, of the Pubic Record. of 1(.ro —Dade LEGAL DESCRIPTION: Lots 1 through 7, leas the North 10 feet thereof. and Lots 10 through 18, Isle the Sault 23 feet of sold iota 10 through 18, Block 27, of AMENDED PLAT OF THE FROW HOMESTEAD, according to the plot thereof, a. recorded In Plat Bock TB', Pole 106, of the Public Records of Miami —Dade County, Florida. LEGAL DESCRIPTION: The North 45 feet of Lod 1, 2, 3, 4. 5, 7 and 8. Block 24, of AMENDED PLAT OF THE FREW HOMESTEAD, a000nLrq to INS plat thereof, ae recorded in Plat Book B. Page 106, .8 the Public Records of Miami —Dade County, Fonda, LEGAL DESCRIPTION: Lots 1, 2. 3. 4. 5, 7 and 8, less the North 45 feet of said Lola and Lots I2 through 18, less the South 10 feet of sold Lots 12 through 18, 8lock 24, of AMENDED PLAT OF THE FROW HOMESTEAD. according to the plat thereof, as recorded ;n Plat Book TB% Page I06, of the Pubko Records of MAmi—Dade County, Florida. Submitted into the public record in connection with item PZ.17 on 07-24-08 Priscilla A. Thompson City Clerk k. a ty reL ,)))-„, (f LJ Km...kr.belkow. Call bock mak. :7 LEGEND orrn 0C.A. rr_11 A,. all r - • Ps. - LOT . tag 41, MANX ••,01 •••••i• =IK —,..:-- .ks‘ ": --- ' ZUNSIV.C.::12" *....g • - --1-. -1 L=211-7(4' I __•_4- r"" 41 " ..,...17.47. • 1., 1S1.,=1,3 t ;.44/ t t 4,- _lei: 4 - --/__ .'.1, -.-...-713- —4-..* `111111ri'MEMaillmir- -.... GNAW, VEM ,..., -,44,4a41.4,4,44, -4. IN . , • 44111541414 A .10, fur Icor . i4•40. 4 RR 1; • 4,11. :1 1 ii)fX ill i. ..; g 1 1 '..4J1 3; ,, t SD 2 ZONING 2 2.3XLIN'' Y II Bo! oin. III i PAGE 106 ........ li - ---÷ it2-17-J____. , .-r..".'",-.5.— ............ ••••,,,V LOT 14 ---710T 15 14111 i_l :11 fifli i 1 .2,...,1.0.01'16 LOT 13 ' I STORY LOT 17 I vACI.11 ILI II • 11 3 Iii NO W • ,-- — 74, in/41,4S 5 I , i.c . Km nu., .; f. r3M71. 32C1 Lj! 44., II ' --/ - i t :"•! I R-2 ZONING SIJOVVONV 14311PS: - Ea.. ..m.•••• •••••• al,. 41 P.. O. el 4... 1.4414,1144•4 Y44.4. neia• - ni*• • 44 FLAW 44.4 Joryr .4. 1.4.4,m. *mew - ,m•rte1 *Ai r4.01 trn - C.n.6 NrAhao limy idmie GM. /5•••• • 11.4•140051. 14.1•41 1.4 144t - be no. ••• .5. 1 544.513 44, y 4.4444 y 411. .55 irew 44•• 4•4•1•41 AO. 1. 141034 •,•-•—••[..14,\\ Dr) - 0 LU 03 0 cc .Mn4.7. Lot."X wo.m. MN= Twi f. nem ULM ,= FtWerwarrt mwanc,crico. 14444•••44 1••••• • •4414. RAW. f••••. AIES. 2411X49.* el /4411•4414.4. E151153033 Submitted into the public record in connection with item PZ.17 on 07-24-08 Priscilla A. Thompson City Clerk r:••;1:4'..24 • •=L7.711324 L=4 • ••••.• 0. a 0J 44 113 > CO r z 0 d z 00 >- ccs < a. a Z 0 F. 5 6 '6 N 1:7 9 KIC..N.fs below. Call before you mq. I � w ANr NO lit 111. I:,>IG$ LOT 10 LEGEND tjn.41.4 .a Tarr ▪ - tata t - Weald ▪ atet -tea. Sayler tam a tat. tams, at vAGANT NO BUILDINGS LOT 1I ✓ FLOPIID AVENUE,' ''- BLOCK 24 PLAT BOOK B PAGE 106 VA:.l4T NO BUILDINGS LOT12 VAr ANT NO Pun DINGS LOT 13 NOBOIL DINGS tri5.08 2Sii TD �LII i . LOT2 430081V FRINGING LOT 12 1REAt* ORSnbS -u+..a wraw ct A +..a a w w .M. r.am ✓. mow:. u.yv I...{. - e.n— >tir w .,v a r .... W 1..ti-3, - r.r .,T..+ .raw ,o et o. a.... a. a +w 424' la a ta at tat lama n1 ._.. 1444 d w+r..'�.. .fir-. -err kata I .... 143 .. ......, 4...., a Ir. eta w-.. tat. rant., tat - tat at. am, taw- .an, a... r... > tAt etta, tat et at. r,m ; LOT I VACAer NO L 1': 110.05 LOT 18 • [ut BESC!lTgrr b;1,471 tM.,Wsnaek ir.a(..r. 3Mt!YOIt 8IFlWIGt..JY. D....pn t.++a «.. M...�.� rwr. - =—.44. -.n. «+...a. �....-�........� Submitted into the public record in connection with item P2.17 on 07-24-08 Priscilla A. Thompson City Clerk enwnN a f8v as a r'rt Al X 3,M Ali APCItil-Et:rUISE ni (t) L1E1 I- 1 tirr reiutc-47iimitemt, 1 wiplrazitzriatinti lAstigiiiiiktii! - , Igor 4...4, 1- .:iffilliM l'iti-3,1L :Mr- • - 1 r . ik r.,1 4 STORKS P 44-0-4) : 0,1/...71"11.11"1'.:.,- r/ -1-'''• Submitted into the public record in connection with PZ.17 n 07-24-08 Priscilla A. Thompson City Clerk r —111 [1:11,-(1 ri GROVE 41r, VILLAGE -6•49kr 40 Florida Avenue Grind Avenue Thomas Avenue Residentrol MIOttice 1111E3ahamian Cottages La' Towthornes