HomeMy WebLinkAboutCovenantThis instrument is prepared by ( and after recording )
please return this instrument to:
Iris Escarra, Esq.
Greenberg Traurig
333 Avenue of Americas
44"' Floor
Miami, FL 33131
Reserved for Recording
COVENANT TO RUN WITH THE LAND
THIS AMENDMENT (hereinafter the "Amendment"), is made as of this day of
July, 2013, by and between MV REAL ESTATE HOLDINGS, LLC, a Florida limited liability
company, with offices at 13943 SW 140th Street, Miami, Florida 33131, party of the first part
("Covenantor"), and the City of Miami, a municipal corporation of the State of Florida, in the
County of Miami -Dade, party of the second part (the "City").
RECITALS
WHEREAS, Covenantor owns the parcel(s) of land located at 121, 123, 127 and 139 SW
N. River Drive, Miami, Florida, and more particularly described in the attached Exhibit "A" (the
"Property"); and
WHEREAS, Covenantor intends to construct and develop a mixed use building on the
Property, to consist of a mix of uses to include but not be limited to retail, office, restaurant and
public storage facilities (hereafter the "Mixed Use Building"); and
WHEREAS, In accordance with Ordinance 13114, as amended ("Miami 21), the
Covenantor has requested an amendment of the zoning atlas for the Property from T6-8 to T6-12
in order to increase the permitted Floor Area for the Mixed Use Building.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Covenator does
hereby covenant and agree with City as follows:
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1. Recitals. The foregoing recitals are true and correct and are made a part hereof.
2. Restrictions. That the Property cannot be developed as a single -use Public
Storage Facility. That in the event that the Property is developed with a Public Storage Facility
use, then such development shall be required to include other uses which result in a mixed use
building.
3. Covenant to Run with the Land. It is expressly understood and agreed that this
instrument shall be binding upon Covenantor and also upon its successors in interest or assigns
including but not limited to the condominium association of the Condominium, and shall be a
condition implied in any conveyance or other instrument affecting the title to the aforesaid
property or any portion thereof.
4. Notice. Any notice, request, demand, approval or consent given or required to be
given under this Amendment shall be in writing and shall be deemed as having been given when
mailed by United States registered or certified mail (return receipt requested), postage prepaid, to
the other parties at the addresses stated below or at the last changed address given by the party to
be notified as hereinafter specified:
Covenantor: MV Real Estate Holdings, LLC
13493 SW 140th Street
Miami, Fl
Attn: Carlos Rosso
with a copy to
The City:
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Iris Escarra
Greenberg Traurig
333 Avenue of the Americas
(333 SE 2nd Avenue)
Suite 4400
Miami, Florida 33131
City Manager
The City of Miami
444 S.W. 2ND Avenue
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Miami, Florida 33130
and
Zoning Director
The City of Miami
444 S.W. 2nd Avenue
Miami, Florida 33130
IN WITNESS WHEREOF, Covenantor has caused these presents to be executed and
signed in its name by its and its corporate seal to be affixed hereto and attested
to by its secretary, the day and year first above set forth.
FIRST WITNESS MV REAL ESTATE HOLDINGS, LLC
Print Name:
SECOND WITNESS
Print Name:
STATE OF FLORIDA
)
)
COUNTY OF MIAMI-DADE)
By:
Its:
I HEREBY CERTIFY that on this day of , 2013, personally appeared before me,
an officer duly authorized to administer oaths and take acknowledgements,
, as of MV REAL ESTATE HOLDINGS, LLC, a Florida
limited liability company. They are personally known to me or have produced
as identification.
NOTARY PUBLIC
Print Name:
Commission No.
Commission Expires:
[SEAL]
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APPROVED AS TO FORM AND APPROVED:
CORRECTNESS:
JULIE BRU
City Attorney
APPROVED:
FRANCISCO GARCIA
Director of Planning
IRENE HEGEDUS
Zoning Administrator
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EXHIBIT "A"
PROPERTY
Lot 13, 14, and 15, Block 139 North, City of Miami, according to the plat thereof, as recorded in
Plat Book A, Page 54 of the Public Records of Miami -Dade County, Florida.
and
Lot 11, in Block 139 North, of the City of Miami, Florida, according to the Plat made by A. L.
Knowlton C. E. and recorded in Plat Book "A", Page 54, of the Public Records of Miami -Dade
County, Florida.
LESS
Begin at the Northeast corner of Lot 11, Block 139, City of Miami, North, according to the Plat
recorded in Plat Book "A", Page 54, of the Public Records of Miami -Dade County, Florida;
thence run Southeasterly 37 1A feet along the Western line of Lot 10 of said Block 139, thence in
a Southwesterly direction to a point on the Eastern boundary of North river Street as shown on
said Plat, said point being 75 feet Northwesterly from the Southwest corner of Lot 12 of said
Block 139, thence Northwesterly along the Eastern side of said North River Street 75 feet to the
Northwest comer of Lot 11 of said Block, thence Fasterly along the Southerly line of 13th Street
a distance of 144.4 feet to a POINT OF BEGINNING, more particularly described as follows:
Begin at the Northeasterly corner of said Lot 11 of said Block 139, thence South 32°04' 11" East
37.83 feet along the West line of Lot 10 of said Block 139, thence South 73°50'22" West 22.17
feet, thence North 20°28'56" West 32.40 feet, thence North 2°20'34" West 7.5 feet to the North
line of said Lot 11, thence North 87°39'26" East 13.44 feet along said North line to the POINT
OF BEGINNING.
Also Known as:
Begin at the Northeast comer of Lot 11, in Block 139 North, Subdivision of that portion of the
City of Miami lying South of 12th Street West of Avenue G and East of the Miami River
recorded in Plat Book "A", at Page 54, of the Public Records of Miami -Dade County, Florida;
thence run Southeasterly 37 'A feet along the Western line of Lot 10 of said Block 139 North,
thence in a Southwesterly direction to a point on the Eastern boundary of North River Street as
shown on said Plat, said point being 75 feet Northwesterly from the Southwest corner of Lot 12
of said Block 139 North, thence Northwesterly along the Eastern side of said North River Street
75 feet to the Northwest corner of Lot 11 of said Block 139 North, thence Easterly along the
Southerly line of 13th Street a distance of 144.4 feet to a POINT OF BEGINNING, being part of
Lots 11 and 12, of Block 139 North of the aforesaid subdivision, subject however to the
Dedication from Street purposes of all that part of the above described land lying within North
River Drive now known as S. W. North River Drive, as the same is shown on the Plat of New
Location of North River Drive from 13th Street to Avenue G, Miami, Florida, according to the
Plat thereof, as recorded in Plat Book 4, at Page 164, of the Public Records of Miami -Dade
County, Florida.
And less therefrom the following described parcel:
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Begin at the Northeasterly corner of said Lot 11 of said Block 139 North, thence South
32°04' 11" East 37.83 feet along the West line of Lot 10 of said Block 139, thence South
73°50'22" West 22.77 feet, thence North 20°28'56" West 32.40 feet, thence North 2°20'34"
West 7.5 feet to the North line of said Lot 11, thence North 87°39'26" East 13.44 feet along said
North line to the POINT OF BEGINNING.
Parcel 2:
Begin at the Southeasterly corner of Lot 12 of Block 139 North, Subdivision of that portion of
the City of Miami lying South of 12th Street, West of Avenue G and East of the Miami River,
recorded in Plat Book "A", at Page 54, of the Public Records of Miami -Dade County, Florida.
Thence Southwesterly along the Southeasterly boundary line of said Lot 12 of Block 139 North
to a point located on the Northeasterly line of North River Drive, thence run Northwesterly along
the Northeasterly line of North River Drive a distance of 75 feet to a point; thence in a
Northeasterly direction to a point on the Northeasterly line of Lot 12, of Block 139 North, said
point being 37.5 feet Northwesterly from the POINT OF BEGINNING, thence Southeasterly
along the Northeasterly line of Lot 12 of Block 139 North a distance of 37.5 feet to the POINT
OF BEGINNING. Being part of Lots 11 and 12 of Block 139 North of the aforesaid subdivision,
subject however to the dedication for Street purposes of all that part of the above described land
lying within North River Drive now known as S.W. North River Drive, as the same is shown on
the Plat of New Location of North River Drive from 13th Street to Avenue G, Miami, Florida
according to the Plat thereof as the same recorded in Plat Book 4, at Page 164, of the Public
Records of Miami -Dade County, Florida.
And less therefrom the following described parcel:
From the POINT OF BEGINNING as above established at the Southeasterly corner of the
aforesaid Lot 12, Block 139 North, run Southwesterly (South 57°55'28" West) along the
Southeasterly boundary line of Lot 12 a distance of 30.97 feet; thence run North 20°28'56" West
a distance of 45.14 feet to a point on the North line of the aforesaid described parcel; thence run
North 73°50'22" East along the said North line 22.17 feet to the Northeasterly line of Lot 12;
thence run South 32°04' 11" East a distance of 37.98 feet (Deed 37.50 feet) to the POINT OF
BEGINNING.
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