HomeMy WebLinkAboutProffered Restrictive CovenantThis instrument prepared by and
after recording return to:
Gilberto Pastoriza, Esq.
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, FL 33134
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL ME BY THESE PRESENTS: That Coinco Investment Company, Inc.
("Owner") hereby makes, declares and imposes on the land legally described on Exhibit "A"
attached hereto (the "Property") the Declaration of Restrictive Covenants (the "Declaration")
running with the title to the land set forth herein, which shall be binding on the Owner, all heirs,
successors and assigns, personal representatives, mortgagees, lessees and against all persons
claiming by, through or under them.
WHEREAS, Owner holds fee simple title to the Property;
WHEREAS, Owner may wish to convey portions of the Property from time to time and
this instrument is executed in order to assure that the phased development of the Property with
future ownership will not violate any City Code , Florida Building Code, subdivision or zoning
requirements or ordinances of the City of Miami; and
WHEREAS, if the portions of the Property to be conveyed are to be condominium units the
Owner shall do so in compliance with the Florida Condominium Act ; and ,
WHEREAS, Owner wishes to assure the City of Miami that representations made by the
Owner in connection with a comprehensive plan amendment and rezoning of the Property.
NOW, THEREFORE, Owner hereby voluntarily agrees that notwithstanding the T6-8L
transect on the Property, the following development limitations shall be placed on the Property.
1. Height.Maximum height not to exceed seventy three (73) feet, four (4) inches.
(Height Maximum is 73.4 feet.
2. Stories. Maximum number of stories not to exceed six (6) stories.
3. Density. Maximum density not to exceed one hundred 164 units.
4. In the event of multiple ownership of the Property, each of the subsequent
owners, mortgagees and other parties in interest shall be bound by the terms, provisions and
conditions of this instrument; and Owner will not convey portions of the Property to such other
parties unless and until Owner and such other parties shall have executed and mutually delivered
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in recordable form an instrument to be known as a "Declaration of Restrictions and Reciprocal
Easement Agreement' which shall contain, among other things, the following:
(a) Easements in the common area of each parcel for ingress to and egress
from the other parcels.
(b) Easements in the common area of each parcel for the passage and parking
of vehicles.
(c) Easements in the common are of each parcel for the passage and
accommodation of pedestrians.
(d) Easements for access roads across the common area of each parcel to
public and private roadways.
(e) Easements for the installation, use, operation, maintenance, repair,
replacement, relocation or removal of utility facilities in appropriate areas
in each such parcel.
(f) Easements on each parcel for construction of buildings and improvements
in favor of each other parcel.
(g)
Easements upon each parcel in favor of each adjoining parcel for the
installation, use, maintenance, repair, replacement and removal of
common construction improvements such as footing, supports and
foundations.
(h) Easements on each parcel for attachment of Building.
(i) Easements on each parcel for Building overhangs and other overhangs and
projections encroaching upon such parcel from adjoining parcel such as,
by way of example, marquees, canopies, lights, lighting devices, awnings,
wing walls and the like.
(j) Appropriate reservation of rights to grant easements to utility companies.
(k) Appropriate reservation of rights to road rights -of -way and curb cuts.
(1) Easements in favor of each such parcel for pedestrian and vehicular traffic
over dedicated private ring roads and access roads.
(m)
Appropriate agreements between the owners of the several parcels as to
the obligation to maintain and repair all private roadways, parking
facilities, common areas and common facilities and the like.
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These instruments or portions may be waived if approved by each of the directors of the Public
Works Department, the Planning and Zoning Department, including the Office of Zoning, the
Building Department, or their designees, if the provisions are inapplicable to the subject
property. In addition, the instruments shall contain such other provisions with respect to the
operation, maintenance and development of the property as the parties may agree. Such
provision may be modified or amended by such parties (or the applicable association governing
such parties) without approval or joinder by the directors, or their designees, if it will be
constructed, conveyed and operation in accordance with an approved site plan. The multiple
owners may, by mutual agreement, allocate among themselves and the parcels owned by them,
setbacks, parking, open space, floor area and similar governmental requirements, and these
allocations shall be honored in connection with requests for future site plan changes.
5. The covenant in lieu of Unity of Title shall be in effect for a period of thirty (30)
years from the date the documents are recorded in the public records of Miami -Dade County,
Florida, after which time it shall be extended automatically for successive periods of ten (10)
years, unless released in writing by the Owners with approval by the Zoning Administrator.
With respect to any portion of the subject property over which a condominium, homeowners or
other similar association then exists, the instrument of amendment, modification or release shall
be executed by such association (in accordance with its governing documents) in lieu of the fee
owners of such portion of the subject property. For modifications, amendments, or releases,
joinder is required by each of the directors of the Public Works Department, the Planning
Department, the Building Department, and the Office of Zoning, or their designees to execute the
instrument of amendment, modification or release upon the demonstration and affirmative
finding that the Covenant is no longer necessary to preserve and protect the property for the
purposes herein intended..
6. The provisions of this instrument may only be amended, modified, or released by
approval of the City Commission at a duly noticed public hearing, the cost of which shall be paid
by the Owner. Any amendments, modifications or releases will require the approval and
signature of the Director of the Planning and Zoning Department and that of the City Attorney as
to legal form.
7. Enforcement shall be by action against the parties or persons violating or
attempting to violate any covenants. The prevailing party in any action or suit pertaining to or
arising out of this Declaration of Restrictive Covenants 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 its attorney. This enforcement provision shall be in addition to any other
remedies available at law, in equity or both.
8. 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.
9. This Declaration of Restrictive Covenants shall be recorded in the Public Records
of Miami -Dade County, Florida, at the Owner's expense within thirty (30) days of it being
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accepted by the City.The Owner shall promptly submit to the Zoning Administrator a certified
copy of the recorded Covenant.
10. 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.
11. 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 Commission and/or any appropriate City Board or
Department of City who retain its full power and authority to deny each
such application in whole or in part and to decline to accept any
conveyance.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
WITNESSES
COINCO INVESTMENT COMPANY, INC.
a Florida corporation
By:
Print Name: Print Name: Jose Daccarett
Its: CEO
Print Name:
STATE OF FLORIDA
SS:
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
2015 by Jose Daccarett, as chief executive officer of Coinco Investment Company, Inc., a
Florida corporation, in the capacity aforestated; such person is (check one) [ ] personally known
to me or [ ] has produced as identification.
NOTARY PUBLIC
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PRINT NAME
My commission expires:
(Seal)
2844002
Approved as to Planning and Zoning:
Francisco Garcia, Director, Planning and Zoning Dept.
Approved as to Legal Form and Correctness:
Victoria Mendez, City Attorney