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HomeMy WebLinkAboutSubmittal-Carlos Gimenez-Proposed Declaration of Restrictive CovenantsPrepared by and return to: Miguel Diaz de la Portilla, Esq. Becker & Poliakoff, P.A. 121 Alhambra Plaza, lOth Floor Coral Gables, FL 33134 SUBMITTED INTO THE PUBLIC RECORD FOR ITEMON sJatiJu. DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned Barim at Brickell, LLC, a Florida limited liability company; Westbri Group, LLC, a Florida limited liability company; Ignacio and Lourdes Zulueta; and AV Development Group, LLC, a Florida limited liability company (collectively, the "Owner") hereby makes, declares and imposes on the land herein described, this Declaration of Restrictive Covenants (the "Declaration"), and the covenants running with the title to the land contained herein, which shall be binding on the Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the owner of that certain property located in the City of Miami, Miami -Dade County, Florida, more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, Owner is seeking approval of a special exception to allow a public charter school (the "Charter School") on the Property; and WHEREAS, Owner has voluntarily proffered these restrictions on said Property; and WHEREAS, the Owner seeks to assure the City of Miami that the voluntary proffer limiting the development on the Property will be abided by its heirs and assigns. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby agrees as follows: 1. Notwithstanding the City's Zoning Board (the "Board") approval of a special exception to allow a public charter school on the Property the following are additional conditions proffered by the Owner: 0 00051x — Su b . 10_ � f - Car ros c-;e ,z_ � o ge- Dec /a-di-16n j.of e r+ c h ve Cove►iczyl a. The charter school will limit the enrollment process each year so that 80% of the available student stations are provided to target students within a three (3) mile radius of the Property. b. Only thirty-five (35) students shall be allowed to drive and park cars within the Property. c. The Miami Roads Neighborhood Association shall have the right to appoint one of its members to the School's Educational Excellence School Advisory Council ("EESAC") or like kind association or council as may exist for the operation of the School. 2. In addition, the Owner agrees to the following: a. Commencing on the year in which the Certificate of Occupancy is issued, the number of physical student stations shall be phased as follows: i. Year 1: Up to 900 student stations - - 600 student shall arrive by a variety of transportation means, including but not limited to walking, cycling, vehicle, and private bus service. -- 300 student shall arrive only by shuttle service from the Vizcaya Metro Rail Station and/or Brickell Metro Rail Station. ii. Year 2: up to 1,000 student stations - - 650 student shall arrive by a variety of transportation means, including but not limited to walking, cycling, vehicle, and private bus service. - - 350 student shall arrive only by shuttle service from the Vizcaya Metro Rail Station and/or Brickell Metro Rail Station. iii. Year 3: up to 1,200 student stations -- 750 student shall arrive by a variety of transportation means, including but not limited to walking, cycling, vehicle, and private bus service. - - 450 student shall arrive only by shuttle service from the Vizcaya Metro Rail Station and/or Brickell Metro Rail Station. iv. Year 4 forward: up to 1,482 student stations - - 882 student shall arrive by a variety of transportation means, including but not limited to walking, cycling, vehicle, and private bus service. - - 600 student shall arrive only by shuttle service from the Vizcaya Metro Rail Station and/or Brickell Metro Rail Station. b. Brickell Prep agrees that prior to proceeding to the next increment phase of student stations as described above, the following shall occur: On or before December 15th of each year until the maximum number of student stations approved is reached, Brickell Prep shall submit to the Director of Planning an updated transportation study, which shall quantify the transportation impacts to the Subject Property and its shuttle service; Submitted Into the pubic' TtLn ection ! ____.-1 Priscilla A. Thompson pity (:lerk 2 ii. Within thirty (30) days of receipt, the Planning Director, shall review and confirm that the transportation study provided complies with the Levels of Services ("LOS") mandated by the City of Miami; and iii. Upon approval and conformance with City's LOS, Brickell Prep, shall be permitted to increase the number of students as proposed above. In the event that the transportation study recommends any mitigating factors, those factors must be implemented before the next phase increase shall be permitted. c. The Owner will increase the parking garage capacity by one (1) parking level. Such modification is deemed to meet the non -substantial modification criteria set forth in Sec. 2215 of Zoning Ordinance 11,000 and shall be deemed in substantial compliance with the site plan entitled, `Brickell Preparatory Academy," prepared by Civica Architecture & Urban Design, consisting of thirteen (13) pages having final City of Miami Hearing. Boards Plan Review date stamp of January 8, 2010, and one (1) revised Sheet A020 having final City of Miami Hearing Boards Plan Review date stamp of April 29, 2010, copies of which are attached hereto as Exhibit "B." d. The Owner will operate shuttle service for students with pick-up/drop-off at the Brickell and Viscaya Metrorail stations which will be staffed by school personnel to ensure the safety of the students. e. The Owner will provide on -site personnel to facilitate traffic operations during the arrival and dismissal periods in order to ensure passenger vehicles are not impeding driveway access to the properties located west of the Property along SW 2"d Avenue west of SW 17th Road. 3. The provisions of this instrument shall become effective upon their recordation by the Owner in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time it shall automatically terminate and be of no further force or effect. 4. The provisions of this instrument may be amended, modified or released by a written instrument executed by the then owner(s) of all of the Property, including joinders of all mortgagees, if any, provided that the same is also approved by the City of Miami Commission at a public hearing. Any modifications, amendments, or releases must be in a legal from acceptable to the City Attorney. Should this Declaration of Restrictions be so modified, amended or released, the Director of the City of Miami Department of Planning, or his respective designee or successor, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Submitted Into the pubtid recordIn connection with item o on Priscilla A. Thompson ri#v niArk 3 5. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants in this Declaration. The prevailing party to any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his/her attorney. This enforcement provisions shall be in addition to any other remedies available at law, in equity or both. 6. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. 7. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. In the event any third party brings any action, proceeding or sues in connection with this Declaration, the Owner will indemnify, hold harmless and defend the City, its officials, and employees in connection with any such suit, action or proceeding. This section shall survive the expiration of this Declaration for a period of one (1) year. [SIGNATURE BLOCKS NEXT PAGES] 4 Submitted k1MO ttielietie recogig connection with item73. r o on 318.1.12. Priscilla A. Thompson City Clerk 0 0 Signed, sealed, executed and acknowledged on this Miami, Florida. day of A.D., 2010, at WITNESSES: BARIM AT BRICKELL, LLC, a Florida Limited liability company Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE By: Print Name: Its: Address: The foregoing instrument was acknowledged before me this day of 2010, by , as of BARIM AT BRICKELL, LLC, a Florida limited liability company; such person is (check one) [ ] personally known to me or [ ] has produced as identification. WITNESS my hand and official seal in the county and state named above this day of , A.D., 2010. NOTARY PUBLIC, State of Florida Print Name: Commission No.: Commission Expires: 5 Submitted Into the public' reco n connection stern z`iO on 3 /24/ // Priscilla A. Thompson City Clerk Signed, sealed, executed and acknowledged on this Miami, Florida. day of A.D., 2010, at WITNESSES: AV DEVELOPMENT GROUP, LLC, a Florida Limited liability company Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE By: Print Name: Its: Address: The foregoing instrument was acknowledged before me this day of 2010, by , as of AV DEVELOPMENT GROUP, LLC, a Florida limited liability company; such person is (check one) [ ] personally known to me or [ ] has produced as identification. WITNESS my hand and official seal in the county and state named above this day of , A.D., 2010. NOTARY PUBLIC, State of Florida Print Name: Commission No.: Commission Expires: 6 Submitted Into the public.' recur n nnection w itern' ri) on 3I zq 110\ Priscilla A. Thompson City Clerk Signed, sealed, executed and acknowledged on this Miami, Florida. day of A.D., 2010, at WITNESSES: WESTBRI GROUP, LLC, a Florida Limited liability company Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE By: Print Name: Its: Address: The foregoing instrument was acknowledged before me this day of 2010, by , as of WESTBRI GROUP, LLC. a Florida limited liability company; such person is (check one) [ ] personally known to me or [ ] has produced as identification. WITNESS my hand and official seal in the county and state named above this day of . A.D., 2010. NOTARY PUBLIC, State of Florida Print Name: Commission No.: Commission Expires: 7 Submitted into the pub reco nsonnection with item ' .." on '312U10 Priscilla A. Thompson City Clerk Signed, sealed, executed and acknowledged on this Miami, Florida. WITNESSES: day of IGNACIO ZULUETA A.D., 2010, at Print Name: Address: Print Name: WITNESSES: LOURDES ZULUETA Print Name: Address: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me 2010, by IGNACIO ZULUETA and LOURDES ZULUETA; such personally known to me or [ ] have produced this day of persons are (check one) [ ] as identification. WITNESS my hand and official seal in the county and state named above this day of , A.D., 2010. NOTARY PUBLIC, State of Florida Print Name: Commission No.: Commission Expires: 8 Submitted Into the public record oo nnecti in with item f? to on L_.__1 Priscilla A. Thompson City Clerk 9 Submitted Into the public recurza connection with item o on 3 J2K lJ_ Priscilla A. Thompson City Clerk