HomeMy WebLinkAboutSubmittal-Declaration of Restrictive CovenantsPrepared by and return to:
Miguel Diaz de la Portilla, Esq.
Becker & Poliakoff, P.A.
121 Alhambra Plaza, l Oth Floor
Coral Gables, FL 33134
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,
kn. Miami -Dade County, Florida, more particularly described on Exhibit "A" attached hereto and
may- incorporated herein (the "Property"); and
n.
:=4. WHEREAS, Owner is seeking approval of a special exception to allow a public charter
school (the "Charter School") on the Property; and
(1 WHEREAS, Owner has voluntarily proffered these restrictions on said Property; and
O-
rt 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.
L. 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:
Submitted into the public
record in connection with
items PZ. 24& PZ.25 on 10-28-10
Priscilla A. Thompson
City Clerk
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 1300 student stations
ii. Year 2: up to 1450 student stations
iii. Year 3: up to 1600 student stations
iv. Year 4 forward: up to 1700 student stations
b. 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."
c. The Owner will operate shuttle service comprised of at least four (4) shuttle
buses 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.
d. 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.
2
Submitted into the public
record in connection with
items PZ. 24& PZ.25 on 10-28-10
Priscilla A. Thompson
City Clerk
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.
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]
3
Submitted into the public
record in connection with
items PZ. 24& PZ.25 on 10-28-10
Priscilla A. Thompson
City Clerk
Signed, sealed, executed and acknowledged on this day of A.D., 2010, at
Miami, Florida.
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:
4
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:
5
Submitted into the public
record in connection with
items PZ. 24& PZ.25 on 10-28-10
Priscilla A. Thompson
City Clerk
Signed, sealed, executed and acknowledged on this day of A.D., 2010, at
Miami, Florida.
WITNESSES: IGNACIO ZULUETA
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 this day of
2010, by IGNACIO ZULUETA and LOURDES ZULUETA; such persons are (check one) [
personally known to me or [ I have 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 public
record in connection with
items PZ. 244 PZ.25 on 10-28-10
Priscilla A. Thompson
City Clerk
EXHIBIT "A"
8
Submitted into the public
record in connection with
items PZ. 24& PZ.25 on 10-28-10
Priscilla A. Thompson
City Clerk
Signed, sealed, executed and acknowledged on this day of A.D., 2010, at
Miami, Florida.
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:
6
Submitted into the public
record in connection with
items PZ. 24& PZ.25 on 10-28-10
Priscilla A. Thompson
City Clerk