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HomeMy WebLinkAboutExhibit C SUBExhibit "C" to City of Miami Resolution R-13-0260 This instrument prepared by and when recorded returned to; Javier E. Fernandez, Esq. Akerman Senterfitt One SE Third Avenue, 25th Floor Miami, FL 33131 'etc 19s1021c, item- DYio ram'. ( ('iu 60 111111111111111111111111111111111111111111111 '171 elm CFN 2O13RO588OO9 OR Bk 28743 Fss 2331 - 2342; (12pss) RECORDED 07/26/2013 15:0B:50 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTYr FLORIDA (Space Above For Recorder's Use Only) MODIFICATION TO DECLARATION OF RESTRICTIONS THIS MODIFICATION TO THE DECLARATION OF RESTRICTIONS (this "Modification") is made this 25 day of Jul , 2013, by a CRP/Cardel Brickell Hotel, LLC, a Delaware limited liability corporation (hereinafter, the "Owner"), in favor of the City of Miami, Florida, a municipality located within the State of Florida (the "City") and Brickell Homeowners Association, Inc., the Miami -Road Neighborhood Civic Association, Inc, and the South Miami Avenue Homeowners Association, Inc. (the "Neighborhood Associations") (collectively, the "Parties"). WITNESSETH: WHEREAS, the Owner holds fee simple title to that certain property located at 2500 Brickell Avenue, Miami, Florida (the "Property"), and more particularly described as: Tracts A and B, of HAMPTON INN AT BRICKELL, according to the Plat thereof, as recorded in Plat Book 158, Page 38, of the Public Records of Miami -Dade County, Florida. WHEREAS, the Owner's predecessor in interest, Charles Leemon III and Linda Leemon (the "Declarants"), voluntarily imposed that certain Declaration of Restrictions, recorded in the Official Records Book 20258, Pages 0561-0564, of the Public Records of Miami -Dade County, Florida (the "Declaration"), attached and made a part hereof as Exhibit "A," imposing certain limitations on the future development of the Property and requiring that any future improvements undertaken conform with those certain plans (the "Approved Plans") referenced in the Declaration. WHEREAS, the Owner took fee simple title to the Property via Special Warranty Deed from the Declarants on May I1t", 2007, which deed was recorded in the Official Records Book 25721, Page 1614- 1617 of Miami -Dade County, Florida, attached hereto as Exhibit "B,"; and (26684027;2) Book28743/Page2331 CFN#20130588009 Page 1 of 12 Exhibit "C" to City of Miami Resolution R-13-0260 WHEREAS, the Owner now desires to undertake certain improvements to the Property which deviate from the Approved Plans and the City Commission has approved this Modification following transmittal of notice to the Parties and the conclusion of a public hearing required pursuant to the Declaration. NOW THEREFORE, the Owner, in order to assure the City and Neighborhood Associations that the representations made to them will be abided by the Owner, their successors or assigns, freely, voluntarily and without duress make the following Modification covering and running with the Property: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Owner hereby strikes the language of Section (3) of the Declaration and replaces it as follows: (3) That the Property shall be developed substantially in accordance with the plans entitled, "Hotel Urbano Addition," as prepared by Edge of Architecture, dated April, 25 2013, and consisting of 19 sheets, and by reference made part of this Declaration. 3. The Owner hereby strikes the language of Section (10) of the Declaration regarding notice and replaces it as follows with updated contact information: (10) Notice. Notice should be provided to: City of Miami City Attorney's Office 444 SW 2"a Avenue Miami, FL 33130 City of Miami City Manager's Office 444 SW 2" Avenue Miami, FL 33130 City of Miami Department of Planning and Zoning 444 SW 2" Avenue Miami, FL 33130 Brickell Homeowner's Association, Inc. ("BHA") President / Director 2475 Brickell Avenue, Suite 1203 Miami, FL 33129 Miami Roads Neighbor Civic Association, Inc. ("RHA") President 60 S.W. 30 Road Miami, FL 33129 {26684027;2} Book28743/Page2332 CFN#20130588009 Page 2 of 12 Exhibit "C" to City of Miami Resolution R-13-0260 South Miami Avenue Homeowners Association, Inc. ("SMAHA") President 41 S.W. 18th Terrace Miami, FL 33129 In the event that the BHA, the RHA and/or the SMAHA should cease to exist, these restrictions should run to the benefit of the BHA's, RHA's and/or SMAHA's successors and/or assigns. If this event should occur, the BHA, the RHA and/or SMAHA shall provide the Owners forthwith, with written notice of said dissolution / termination, Notice to the Owners shall be provided to: CRP/Cardel Brickell Hotel, LLC 1001 Pennsylvania Avenue Suite 220 South, N.W. Washington, DC 20004 with a copy to: Javier E. Fernandez, Esq. Akerman Senterfitt 1 S.E. 3rd Avenue, 25th Floor Miami, FL 33131 4, This Modification has been duly approved by the City Commission following a public hearing and transmittal of notice to the Neighborhood Associations required by the Declaration. 5. All other Sections of the Declaration remain in full force and effect. [ Signature Page Follows ] {26684027;2} Book28743/Page2333 CFN#20130588009 Page 3 of 12 Exhibit "C" to City of Miami Resolution R-13-0260 IN WITNESS WHEREOF, the Owner has set his hand and seal effective of the date first above written. WITNESSES: 1 `rin N ► is Pri Name: STATE OF Washington, COUNTY OF District of Columbia CRP/CARDEL BRICKELL HOTEL, LLC, a Delaware limited liability company (the "Owner") By: Name: Title: THA' r EUS A. PAUL VICE PRESIDENT The foregoing instrument was executed, acknowledged and delivered before me this ,,? day of Jut , 2013, by)laktfus 4 f nc 4 , as u {c.e (QS tcie0"' of CRP/Cardel Brickell Hotel, LLC, a Delaware limited liability company, on behalf of the company. He/She is personally known to me or has produced as identification. tfl OF Name: `-`— Notary Public, State of STACY M 1AOSPNTHAt My Commission NumbeNOTARY PUBLIC DISTRICT OF COLUMBIA My Commission Expires:MyCommlesion Explree October 14, 2016 {26684027;2} Book28743/Page2334 CFN#20130588009 Page 4 of 12 Exhibit "C" to City of Miami Resolution R-13-0260 Exhibit "A" Copy of Declaration of Restrictions, recorded in the Official Records Book 20258, Pages 0561-0564, of the Public Records of Miami -Dade County, Florida Ties inetweent premeds)," enowhen recorded rationed try W, Chad Maud, Esq, CtosWU&td & Flanagan, P.A. 009 Ponce de Loon eivd, Sulte 1000 Coral Gables. FL 33134 wan, 20 256 PG 056 I 02R 150797 202 MR 12 12s32 A 5 The undersigned, as 'Owners of the following described real property (the ''ProOlolf). lying, being and Situated in the City of Miami, Ititierni•Dade County. Florida. and legally described En; NCI of the "Hampton inn at erlotte0,' according to tee Plat thereof, as recorded in Plat Co 158 at Page 38 of tie Public Records of Miarni.Oada County, Florida Street Address': 2500 erickelf Avenue IN ORDER TO ASSURE the City of Miami, Florida (the "City, the Brickeil Homeowners Association, inc. ("BHA", the Roads Homeowners Assoc:11300M inc. ("ASIA', end the South Miami Avenue Homeowners ASSOC1011411, ("SMAHAN), that the rep, ,entations mode to them by the Owners will be abided by the Owners, their successors Cr designs, freely, voluntarily and without duress make the following Declaration of Restrictions (the "Declarations) covering and running with the Property; (1) That this Declaration shall become final and shall be recorded in the Public Records of Ntiami•Dade County, Ronda and la conditioned upon Itia approval of the change of wing scheduled for City approval on October 25. 2001 end amendment to the City of Miami Future Land Use Map, as requested and granted an November 16, 1009 an the Property, by the City and upon expiration of all applicable appeal periods, (2) That the height of any structure an the Property shall be United to a maximum of five (5) stories (each story to be twelve (12) feet or less in height); Including 0004 -,sOry structures, decorative strut and signs; {26684027;2) Book28743/Page2335 CFN#20130588009 Page 5 of 12 Exhibit "C" to City of Miami Resolution R-13-0260 Exhibit "A" Copy of Declaration of Restrictions, recorded in the Official Records Book 20258, Pages 0561-0564, of the Public Records of Miami -Dade County, Florida KUM 213158K0562 Dee ors of Restrictions P of 4 provided, however, that mansards arelter parapets extending no more than ten (10) feet above the fifth (51h) floor shall be permitted. (3) That the Property shall be developed substantially in accordance with the spirit end intent of plans entitled, "e' and 6°' Floor Additions to Hampton Inn," as prepared by Palenzuela & Hovia Design Group, Inc., dated June 30, 1098, end cone:toting of five (6) sheets, arid by reference made a part of this Declaration, (4) h IAN. This Decteration on the part of the enant running with the land and shall be recorded Iri tha Public Records of Miarril•Dade County, Florida and shell remain in full force and effect and be binding upon the Owners, their heirs, successors andtor assigns until such time a the same is modified or released. These restriotkins shall be for the benefit of, and the limitation upon, ail present and future owners of the Property and for the public welfareand for the benefit of the City, BHA, the RHA and the SMAHA (5) Mittattatikni-Afflontirnifilt. Asitelee. This Declaration of Restrictions may be modified, amended or releaSed as to the land herein described, or any portion thereofby a written instrument executed by the. then. ovvrieroj of the Property, provided that the same is also approved by the City. after public hearing the cost of which is to be pall by the Owlets. Prior to seeking Stich modification, amendment or release, Owners Melt first provide the City, BHA, the RHA, and the 81AAHA with written notice as set forth below. (6) gatQrmista Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this Declaration, shalt 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 Mather attorney, This enforcement provision shall be in addition to any other remedies available at taw or in equity or both. (7) gledigluglimadlea, 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 prectide the party exercising the same from exercising such other additional rights, remedies of privileoea. (8) agyeratee. invalidation of any one of these covenants, by Judgment of court. In no way shall affect any of the other provisions which shall remain in full force and effect, (26684027;2) Book28743/Page2336 CFN#20130588009 Page 6 of 12 Exhibit "C" to City of Miami Resolution R-13-0260 Exhibit "A" Copy of Declaration of Restrictions, recorded in the Official Records Book 20258, Pages 0561-0564, of the Public Records of Miami -Dade County, Florida trt lit.R 20258 a3ti4 This Declaration shall be filed of record In the public records e County. Florida at the coat of the Owners following the ccepre by the City. (10) Notice. Notice stoutd be provided to: Cky of Miarni City Attomey's Office Alejandro Viiamito, City Attorney 444 SW 2"d Avenue, 9°1 Floor Miami, FL 33130 City of Mimi City Menaget's Office Carlos A. Gimenez, City Manager 444 SW 2"° Avenue, 10t Floor Miami, FL 33130 City of Miami Department of Praising and Zoning Lourdes Slayzk. Director 444 SW 26d Avenue. 34 Floor Miami, FL 33130 Bric1 ell Homeowners Association, Inc. c(o T. Sinclair Jacobs 195 SW 15" Road Suite 203 Miami, FL 33129 Miami Roads Neighbor Civic Assoclat cta Linda Koenigsberg 144 SW 199' Road Miami, Ft. 33129 South Mkemi Avenue Homeowners Association, Inc. c/o Cohn Voatet 41 SW 18'" Terrace Miami. FL 33129 {26684027;2) Book28743/Page2337 CFN#20130588009 Page 7 of 12 Exhibit "C" to City of Miami Resolution R-13-0260 Exhibit "A" Copy of Declaration of Restrictions, recorded in the Official Records Book 20258, Pages 0561-0564, of the Public Records of Miami -Dade County, Florida 1tr,11t 20258 056 Declaration of Restrictions Page 4ot4 In the event that the BHA. the RHA and/or the SMAHA„,ahould cease to exist, theme. restrictions sthould run to the benefit of the BHA's, RDA's, and/or S #AHA's successors and/or assigns. if thltt event should occur, the SHA, the RHA, andf'or SMAHA shall provide the Owners forthwith, with written notice of said dissolution t termination, Notice to the Owners shall be provided to; Mr, Charles Lemon 10 3300 Faidtrne Farms Road Suite 1 Wellington, FL 33414 Signed, witnessed, executed and %knowiad Signed, Sealed and Delivered In the Presence of; STATE OF FLORIDA ) ) CouNr' OP MLAP MMPADE ) The toregoir9 instrum this, '+ day o1 M.t: personally appeared personally Known to rr*, as evidence that they are Instrument,.._, (Official Seat) {26684027;2} Book28743/Page2338 CFN#20130588009 d tht not wee eckrtewledged before me, ti , 2001, by Charles Leemon lit and 2f1ti1 rrzso:ookrmw 000r RI -war won, .4104 x NM o4fxrciseterryoutr rigned notary public, erno..nw,�his wirer whn me at the lime al acknowledging and rmtsr1zal&0n„who are produced and exhibited to me a current Florida giver's License persons who are described in and who executed the foregoing (Typed or printed Homo et Notary Public) Notary Public Moto of Florida Page 8 of 12 Exhibit "C" to City of Miami Resolution R-13-0260 Exhibit "B" Special Warranty Deed recorded in the Official Records Book 25721, Page 1614-1617 of Miami -Dade County, Florida This (prgeapant Was Preps/ad l;y lasoa A, Post, R q Steams Weaver Miller Wader Alhadotf tc Sittarsom, P A. 150 West fala St., Sulse 2200 Mint, Plaids 33.130 Record and ROOM To: bison A. Part, Biqa Stoma Weever Millar Walla Alluded! & Siltation. P.A. 130Westriagler5t., Blaine 2230 Miami. 110 ids 33130 miss I.IVECO, INC., a Plaids cc poo.dac (the Patmo Rd.. W Iftngton, Plaeids 33414, sad liability company (the'Gnitleel, whose thanit 7apikt, Florida 33477. I1II1111IIO 1111111111111111111 I11II 11II MI CFt4 2007RO49038*...F' DR Bk 25621 Pss 1614 - 16171 (46161 RECORDED 05/15/2007 14137135 DEED DOC TAX 56,500,00 SURTAX 41,625.00 HARVEY RUVIH' CLERK OF COURT IttAttl-OADE COUNTY', FLORIDA tasisrv.d1 DEW this 11 day of May. 2007 botwom address is 3210 Pia' Property LLC., a Delawvtmn limited US highway 1, Suits 800, �KYI}`llt:�BET& That Oraatea, for sad in cut>sidention of the sum of TEN DOLLARS tS 10.00) sad other good end vslot* caaafdantico, to it hi hand paid by Grantee, the wooeipt whereof la hereby aplmowlsdgwl, does hereby gram, all, alias, tombs, Muse, massy and centime oato Gnaw floc rctI property (the "Property" j located la Mini -Dade County, Florida. and Moto purtiuulady dracribal hi $gam; attached haeto sod made rl port .havoc, TQGBriiEllt with h till the teaaaamta, flereiit onatt raid appernamma belonging or in say wry appertaining to the Property. • 811Br1F1G"F (7NLYT° the matUes aft forth in }xhitiitattached harm and made a part bane, whhcut itramt to reimpose the same. TO NAVB AND TO HOW the same is foe simple forever. AND GRANTOR beaky oovrmsnts with Genoa that orator is lawfully sat=ad of the Property is too simple; that Oraator hat good right toad 1*wMnl anthcrlty to ail and convey the Prapaty; and that braise', does hereby filly wattant the this to the Property .ad rviil Masi the teas aid=the lawfulclaimnuf.i1 pextvasoWmitrgby, tiras01 oraridert3eralm, but aphid none odrlr. UAW-e403$401011Y146 C+arr,.N1r1-Mdr1',a MI4o, 80Qk25621/Page1614 CFN#20070490385 Page 1 of 4 {26684027;2} Book28743/Page2339 CFN#20130588009 Page 9 of 12 Exhibit "C" to City of Miami Resolution R-13-0260 Exhibit "B" Special Warranty Deed recorded in the Official Records Book 25721, Page 1614-1617 of Miami -Dade County, Florida D1 Wm4 ss WHIIREOP, Grantor has caned ibis Spacial Warmly Deed to ba exacased by its duly authorized repaoieetadvo an the day and year first above mitten. AC1CN/JWLEDGMENT STA1B OP Pt A } My Cotaraisakin Notary Rio, ante Floridaat' Print Noose, loamAax e i� Copulation No. 4c15' tan Drive am MICONIIIMSooaiM 30. ton 064041M3014040.1611r- - •Sri'- *MA *IAge Book25621/Page1615 CFN#20070490385 Page 2 of 4 {26684027;2) Book28743/Page2340 CFN#20130588009 Page 10 of 12 Exhibit "C" to City of Miami Resolution R-13-0260 Exhibit "B" Special Warranty Deed recorded in the Official Records Book 25721, Page 1614-1617 of Miami -Dade County, Florida Tracts *and B, of HAMPT►TA N ATB� Piet Book I53, Pogo38. of the Public Records of Book25621/Pag+ 1616 CFN#20070490385 Page 3 of 4 {26684027;2} Book28743/Page2341 CFN#20130588009 Page 11 of 12 OR. BF', 2874r3 PG 2; 4-2 LAST PAGE Exhibit "C" to City of Miami Resolution R-13-0260 Exhibit "B" Special Warranty Deed recorded in the Official Records Book 25721, Page 1614-1617 of Miami -Dade County, Florida OR BR 25622 PG 161-7 LAST PAGE 1. Tam *ad aaaesimepes for the scar 2007 and subaqua* years, which OM rtat yee dee wed payable. 2. itaatdc ioat wed Dedkatbat as shown on the Fist of lionvico ilea as fricktd! recorded Prixuary 15. 2032 to PW Book 155. Pays 311, to wit that the mod sod avenues as *frown San the Stocked plat, Moodier with ail aiming and fume Owing. trees, dmtbbeey sod Bre hydrants tbs+caae, smS hereby dedimied to the peryrrail use of the public for proper purpow rearview to the dcdicaluts, their arvacwon ar ate, So invasion ar revaaions ttr&c f, wDever diaoontimed by low. Mat eo indivWaat weds will be ,pacmittad wifidrt tbia iubdidi'tine, except for spr3akkr systems, Priming pools sailor aireondUlaaters.Met thtauseaseptic tab will uatbepennitledwidriathis subdivision unless approved for waoperrsy use in accordance with county ttt dkr stale regulations. That aU new amnia amd oommunicatioo titres, other thin transmission litres, within this • subdivbalon, star! be iestirbed underground. 3. Daelimnion of Re ariaioas recorded Mach 12, 2002 in Official Rcaotds Book 201.54, baps 561. 4 The fiat owing state of fa* Ss dHacioeed by survey wowed by Scbwcbko.Shistln & Associate, seas.. Hat wised Pthrua l y 2, 2007 Under Pik No, A. 2026; >af Ovadread wins *wc sort {t thra *the adage of **property, b) Sipe in bdicic planter enettaadres beyond the Impiety's ariutheastntty corner. ONV4110543111X100awnpiatirwAOwe•ad Book25021/Page1617 CFN#20070490385 Page 4 of 4 {26684027;2} Book28743/Page2342 CFN#20130588009 Page 12 of 12 This instrument prepared by and when recorded returned to: Javier E. Fernandez, Esq. Akerman Senterfitt One SE Third Avenue, 25th Floor Miami, FL • 33131 (Space Above Por R- corder's Use Only) MODIFICATION TO DECLARATION OF RESTRICTI P NS THIS MODIFICATION TO THE DECLARATION OF . STRICTIONS (this "Modification") is made this day of , 2013, by a CRP/ ardel Brickell Hotel, LLC, a Delaware limited liability corporation (hereinafter, the "Owner"), in avor of the City of Miami, Florida, a municipality located within the State of Florida (the "City") . d Brickell Homeowners Association, Inc.,. the Miami -Road Neighborhood Civic Association, Inc, d the South Miami Avenue Homeowners Association., Inc. (the "Neighborhood Associations") (colle tively, the "Parties"). WITNESS ` TH: WHEREAS., the Owner holds fee simple ti e to that certain property located at 2500 Brickell Avenue, Miami, Florida (the "Property"), and more articutarly described as: Tracts A and B, of HAMPTON INN A BRICKELL, according to the Plat thereof, as recorded in Plat Book 158, Page 38, 1.f the Public Records of Miami -Dade County, Florida. WHEREAS, the Owner's predeces or in interest, Charles Leemon III and Linda Leemon (the "Declarants"), voluntarily imposed that ertain Declaration of Restrictions, recorded in the Official Records Book 20258, Pages 0561-0564, of the Public Records of Miami -Dade County, Florida (the "Declaration"), attached and made a p % hereof as Exhibit "A," imposing certain limitations on the future development of the Property and requiing that any future improvements undertaken conform with those certain plans (the "Approved Plans') eferenced in the Declaration. WHEREAS, the Owner took fee simple title to the Property via Special Warranty Deed from the Declarants on May 11th, 2007, which deed was recorded in the Official Records Book 25721, Page 1614- 1617 of Miami -Dade County, Florida, attached hereto as Exhibit "B,"; and {26268156;2} WHEREAS, the Owner now desires .to undertake certain improvements to the Prope which deviate from the Approved Plans and the City Commission has approved this Modification allowing transmittal of notice to the Parties and the conclusion of a public hearing required pursunt to the Declaration. NOW THEREFORE,. the Owner, in order to assure the City and Neighborhood.Associations that the representations made to them will be abided by the Owner, their successors or/assigns, freely, voluntarily and without duress make the following Modification covering and running with the Property: 1, The foregoing recitals are true and correct and incorporated herein by reference, 2, The Owner hereby strikes the language of Section (3) of the Deolaratlon and replaces it as follows: That the Property shall be developed substantially in ac ordance with the spirit and intent of the plans entitled, "Hotel Urb o Addition," as prepared by Edge of Architecture, dated April, 25 13, and consisting of 19 sheets, and by reference made part of this Dec iiration. 3, The Owner hereby strikes the language of Section 10) of the Declaration regarding notice and replaces it as follows with updated contact information: (3) (3) Notice, Notice should be provided to: City of Miami City Attorney's Office 444 SW 2'' Avenue Miami, FL 3.3130 City of Miami City Manager's Office 444 SW 2" d Avenue Miami, FL 33130 City of Miami Department of Planning and oning 444 SW 2"d Avenue Miami, FL 33130 Brlckell Homeowner's Association, Inq, President./ Director 2475 Brlckell Avenue, Suite 1203 Miami, FL 33129 Miami Roads Neighbor Civic Association, Inc. President 60 S.W. 30 Road Miami, FL 33129 {26268756;2} South Miami Avenue Homeowners Association, Inc. President 41 S.W. 186 Terrace Miami, FL 33129 In the event that the BHA, the RHA and/or the SMAHA should ceaseto exist, these restrictions should run to the benefit of the BHA's,. RIIA's and/or SMAIIA's successors and/or assigns, If this event should occur, the BHA, the RHA and/or SMAHA. shall provide the Owners forthwith, with written notice of said dissolution / termina{on. Notice to the Owners shall be provided to: CRP/Cardel Brickell Hotel, LLC 1 1001 Pennsylvania Avenue Suite 220 South, N.W. Washington, DC 20004 with a copy to: Javier E. Fernandez, Esq. Akerman Senterfitt 1 S.E. 3r`i Avenue, 25ai Floor Miami, FL 33131 4. This Modification has been duly approved by the City/ Commission following a public hearing and transmittal of notice to the Neighborhood Associations regl fired by the Declaration. 5, All other Sections of the Declaration remain in full f*ce and effect. Signature Page Follows (26268756;2) written. IN WITNESS WHEREOF, the Owner has set his hand and seal effective of the date first above/' WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument 2013, by Hotel, LLC, a Delaware limited known to me or has produced CRP/CARDEL BRICI£ELL HOTEL, LLC, a / Delaware limited liability company (the "Owner") By: Name: Title: was executed, acknowledged and dolive'ed before me this day of , as of CRP/Cardel Brickell Liability company, on behalf of the /ompany. He/She is personally as identification Name: Notary Public, Stage of Florida My Commission umber: umber: (Official Seal) My Commission' Expires: {26268756;2)