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HomeMy WebLinkAboutSubmittal-Tony Recio-Declarations of Restrictions CovenantThis instrument was prepared by and after recording return to: Name: Tony Recio, Esq. Address: Weiss Serota Helfman 2525 Ponce de Leon Blvd., Suite700 Coral Gables, Florida 33134 Tel. (305)854-0800 Submitted into the public record for item(s) PZ • t- on 3-2(p- / 5 . City Clerk (Space reserved for Clerk) DECLARATION OF RESTRICTIONS WHEREAS, the undersigned Owner holds the fee simple title to the land in Miami -Dade County, Florida, described in Exhibit "A," attached hereto, and hereinafter called the "Property," and IN ORDER TO ASSURE the City that the representations made by the Owner during consideration of a change of zoning from T5-R "Urban Center Zone" to T6-8-O "Urban Core Zone" for the Property will be abided by, the Owner freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property: (1) Notwithstanding the T6-8-O zoning, the Owner will restrict the height under Miami 21 of the highest habitable floor to no more than 80 feet and will maintain all parking and mechanical equipment provided on the Property internal to the building(s) such that all parking spaces will be shielded from view of any rights -of -way; and (2) The Owner shall limit leasable commercial/office floor area (not including parking and circulation) to no more than 16,500 square feet (the leasable floor area achievable under T5-O zoning equivalent to three floors of lot coverage). (3) The Owner agrees that it will not object to, or participate in any effort to open, the continued maintenance of the street closure barricades at the east end of NE 80th Street or the south end of NE 7th Avenue; and (4) The Owner will use best efforts to work with the City of Miami and City of Miami Parking Authority to waive any costs associated with converting the swale and any on - street parking on NE 80''' Street between Biscayne Boulevard and NE 7th Avenue to a residential -only parking zone so that such parking is permitted at no cost for residents on NE 80th Street between Biscayne Boulevard and NE 7th Avenue for 10 years from the date the change of zoning is adopted by the City Commission. City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City of Miami, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. 14- 00053Zc- Ton\1 t)Q.clarocti IS _1,-rict rm S COvenan+- Declaration of Restrictions Page 2 Submitted into the public record for item(s) P Z • (I— on % '2ln • 1 `-i . City Clerk Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, within thirty (30) days of acceptance by the City of Miami in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the benefit of Miami -Dade County and the public welfare. Owner, and their heirs, successors and assigns, acknowledge that acceptance of this Declaration does not in any way obligate or provide a limitation on the City of Miami. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by the City of Miami. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, 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, after public hearing, the cost of which shall be paid by the Owner. Any modification, amendment or release shall be in a form acceptable to the City Attorney. The Owner agrees not to seek a release or modification of this Covenant without the approval of the Shorecrest Homeowners Association for so long as the Association remains an active business entity in the State of Florida or 15 years from the date of adoption of the change of zoning by the City Commission, whichever occurs first. Should this Declaration of Restrictions be so modified, amended or released, the Director of the City of Miami Department of Planning and Zoning, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Enforcement. 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 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 attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. Attorneys' fees may not be awarded against the City of Miami under this Section. Submitted into the public Declaration of Restrictions record for item(s) 92•ti Page 3 on rlj.') 6 • l�� . City Clerk remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this declaration is complied with. Election of Remedies. 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. Severability. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions which shall remain in full force and effect. However, if any material portion is invalidated, the City shall be entitled to revoke any approval predicated upon the invalidated portion Recording. This Declaration shall be filed of record in the public records of Miami - Dade County. The City of Miami shall be furnished a recorded copy within 30 days of recordation and the Owner must promptly furnish a certified copy of the recorded covenant to the City of Miami Planning Director at 444 SW 2nd Avenue, Miami, Florida 33130. Acceptance of Declaration. Acceptance of this Declaration does not obligate the City in any manner, nor does it entitle the Owner to a favorable recommendation or approval of any application, zoning or otherwise, and the City Commissioners and/or any appropriate City Board retain its full power and authority to deny each such application in whole or in part and to decline to accept any conveyance. Owner. The term Owner shall include the Owner, and its heirs, successors and assigns. [Space intentionally left blank] Executed on this (( day of /fit o44at , 2015. As to 622 NE 80th Street, Miami, FL 33138 (Folio No. 01-3207-0163-390) Declaration of Restrictions Page 4 Submitted Into the public record for item(s) Pt-ti on `l - q,ka • tcj . City Clerk Pier Real Estate II, LLC, a Florida limited liability company BY: Fabio Amadu, Managing Member Silvia Faccin, Managing Member ADDRESS: ` 917S ; k'I V..1: n pa,i) `)ADDRESS: 09 ,/0/ 8-T/9 C L STATE OF FLORIDA COUNTY OF MIAMI-DADE I HEREBY CERTIFY THAT on this day, before me, an officer duly qualified to take acknowledgments, personally appeared Fabio Amadu, as a Managing Member of Pier Real Estate II, LLC, a Florida limited liability company, who is personally known to me or who has produced A-530 — — L a2'17((o -� as identification and who executed the foregoing instrument freely and voluntarily for the purposes thereon expressed and who did not take an oath. WITNESS my hand . official seal this / 1 day of Xbsi "' , A.D., 2015. FLORID ARMANDO J ALVAREZ MY COMMISSION # EE858076 ","*. • •,„,04. EXPIRES January 06, 2017 1407y398-0153 FIoraallotarysorvice.com NOTARY PUBLIC, STATE OF Print Name: Commission No.: Commission Expires: Declaration of Restrictions Page 5 STATE OF FLORIDA COUNTY OF MIAMI-DADE Submitted into the public record for item(s) on 3.21¢ ' 15 City Clerk I HEREBY CERTIFY THAT on this day, before me, an officer duly qualified to take acknowledgments, personally appeared Silvia Faccin, as a Managing Member of Pier Real Estate II, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification and who executed the foregoing instrument freely and voluntarily for the purposes thereon expressed and who did not take an oath. WITNESS my hand and official seal this - 11 day of -(//' , A.D., 2015. FLORIDA RMANDO J ALVARE °�y biy MY COMMISSION # EEB5807s ."S January 06• 2017 0707) ;= EXPIRE COM FloriOoN1MatySONIce I4398At53 NOTARY PUBLIC, STATE OF Print Name: Commission No.: Commission Expires: Declaration of Restrictions Page 6 APPROVED AS TO FORM AND CORRECTNESS: Submitted into the public record for item(s) P 2 •(1- on 07. `Lk) • 15 . City Clerk Victoria Mendez, Esq. City Attorney Irene Hegedus Zoning Administrator Francisco Garcia Director of Planning Declaration of Restrictions Page 7 Exhibit "A" Property Information Address: 622 NE 80th Street, Miami, FL 33138 Folio Number: 0132070163390 Legal Description: Submitted into the public record for item(s) Q't .2 on 'b. ri,10 .15 . City Clerk Lot 11, Block 18, SHORE CREST, according to the Plat thereof, as recorded in Plat Book 10, at Page 23, of the Public Records of Miami -Dade County, Florida.