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Home My WebLink AboutExhibit C SUBii C.trcctr.c Prepared by and return to: Steven. Wernick, Esq. Akerman LLP One SE Third Avenue, 25th Floor Miami, FL 33131 RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS THIS RELEASE OF DECLARATION OF RESTRICTIVVE COVENANTS (the "gelease") is made effective this day of , 2016, by and between and between RS J'Z DESIGN 40, LLC, a Delaware limited liability company ("RS"), and OAK PLAZA ASSOCIATES (DEL.) LLC, a Delaware limited liability company, as successor by merger to Sweet Virginia .Acquisit of ns, k Pia") (collet ivety "Owners"), and the .. City of Miami, a municipality located within the State of Florida (hereinafter, "City"). RECITALS WHEREAS, RS holds fee simple title to certain property in the City of Miami, Miami - Dade County, Florida, more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Building .Property"); and WHEREAS, Oak Plaza holds fee simple title to certain property in the City of Miami, Miami -Dade County, Florida., more particularly described on Exhibit "B" attached hereto and incorporated herein (the "Parking Property"); and WHEREAS, on March 9, 2005, in furtherance of anticipated development of a new multi- story building on the Parking Property pursuant to Class II Special Permit File No. 04-0255 (the "Class 11"), predecessors in interest to the Owners recorded a Declaration of Restrictive Covenants, in Official Records Book 23151, Page 4667 of the Public Records of Miami -Dade County, Florida (the "Declaration"), which provided for, among other covenants and restrictions:. (i) the transfer of unused FAR from tho Building Property to the Parking Property, and (ii) twenty two (22) parking spaces, deemed to be required under the City of Miami zoning ordinance in effect at such time, to be provided on the Parking Property, referred toin the Declaration as the "Property"; and WHEREAS, the Class II expired, the transfer of FAR to the Parking Property did not occur, parking required for the Building Property is no longer to be provided on the Parking Property, the Owners have no further intention to effectuate development plans pursuant to the Declaration, and therefore, the purposes for which the Declaration was recorded are no longer applicable, and {3 64(1030;4 ) r �� e \C -C H ? c r WHEREAS, the Owners wish to release the Declaration as to the Building Property and. the Parking Property so that the Declaration shall be of no further force or effect; and WHEREAS, Section 6 of the Declaration allows for the release of the property described therein by written instrument executed by the current owners of the Property, and provided that same is approved by the City Commission at a public hearing, after expeditious review and approval by the Director of Planning and Zoning, and by the City Attorney as to form; and WHEREAS, the Owners have applied for -a. Special Appearance- in ._front of the City. Commission for the Release of this Declaration for the reasons set forth in the Recitals above; and WHEREAS, the aforementioned Special Appearance to request the approval of the City Commission was considered and approved by the Miami City Commission at its meeting of 2016 by City of Miami Resolution No, NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby aeknowiedged, Owners and City hereby agree as follows: 1, Release. Pursuant to this Release, after approval by the City Commission, as memorialized through City of Miami Resolution Nci. , the Building Property and the Parking Property are hereby released from the Declaration and all restrictions and encumbrances contained therein and the Declaration is of no further force or effect. 2. Recording: This Covenant shall be recorded in the public records of Miami -Dade County at Owners' expense and a certified copy hereof shall be delivered to the Zoning Administrator of the City of Miami within thirty (30) days after the date of recording, [continued on following page]. {36461030;4) 2 IN 'WITNESS WHEREOF, the parties have hereunto set their respective hands and seals effective as of the date first above written. Signed, sealed and delivered in the presence of: Print Name: ! c'eii .<,,,, "RS" RS JZ DESIGN 40, LLC, a Delaware limited liability company By: RS JZ Design 40 Holdings, LLC, a Delaware limited liability company By: ame: tken Title: ; a ager By: RedSky Capital, LLC, a Delaware iimi ld lia i/ "ty company stein STATE OF Ncif4 COUNTY OF 101J& S The foregoing instrument was executed, acknowledged and delivered before me this/eL day of 9,l! , 2015 by Benjamin Bernstein, Manager of RedSky Capital, LLC, a Delaware limited liability company, inanaging member of RS JZ Design 40 Holdings, LLC, a Delaware limited liability company, the/sole member of RS JZ Design 40, LLC, a Delaware limited liability company, who is [ V ] personally known to me or who [ 1 produced as identification. Name: MI(` lle, Notary Public, State of :Fri My Commission Number: My Commission Expires:_ (NOTARY SEAL) MICHELLE L WOOD NO 1"ARY PUN IC, STATE OF NEW YORK Idegistrntion No. 01W /6321929 Qualified in Kings County Commission l3xpines Mar. 30, 2019 {36461030;4) 3 Signed, sealed and delivered in the presence of: WITNESSES: r Name:- j11 Print Name: a l C i• to fC-11 "OAK PLAZA" OAK PLAZA ASSOCIATES (DEL.) LLC, a Delaware limited liability company By: Miami Manager compan By: Name: ' '• ven GW enstein Title: Vice -President ign Di _ jet Associates LC a •;la are limited- liability ger STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was executed, acknowledged and delivered before me this t ‘ day of,12111, 201V by Steven Gretet stein, the Vice -President of Miami Design. District Associates Manager, LLC, a Delaware limited liability co` pany, as manager of Oak Plaza (Del.) LLC, a Delaware limited liability company, who is r I personally known to me or who [_a produced .... ... as identification, GIA-U..4. 0 • GkQ-la-- Name: /) h j,i Notary Public, State of Florida My Commission Number: My Commission Expires (NOTARY SEAL) 136461030;4} 4 Q,�y,RYr Ilg� ALICIA AIJONEIONVELCH * MY COMMISSION EE 859278 EXPIRES:Aprll18,20i7 9andedlln sel km Servicas JOINDER OF MORTGAGEE. FOR RS The undersigned, holder of (i) that certain Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated February 27, 2015. and recorded in Official Records Book 29525 at Page 4594. of the Public Records of Miami -Dade County, Florida (the "Public Records"), as amended by that certain Mortgage Modification and Spreader Agreement and Certificate of Future Advance dated March 17, 2015, and recorded in Official Records Book 29544 .. at Page 1127 . of the . Public Records, and (ii)_...that . certain_ Amended and Restated Subordinate Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated March 17, 2015 and recorded in Official Records Book 29544 at Page 1140 of the Public Records, both of which, encumber that certain real property, referred to herein as the Building Property, subject to the Declaration, as defined herein, in favor of the City of Miami, Florida, hereby joins in, acknowledges, and consents to said Release. Sig"i d sealed ands -delivered m ihe-preaenc t ff AC F'IeWESTFE Ni ;-a-California state chartered bank WITNESSES: Print Nalxies , Vie. Title: VP:-Pdr4r.6. Prin(Name:wk�r,>lee , f 4 . Ire, STATE OF tworyi,atlA COUNTY OF vary The foregoing instrument was executed, acknowledged and delivered before me this 1 1 day of ettfrA6147 , 2015, by kevi ales , theioll rtw gk;wleof Pacific Western Bank, a California state chartered bank, who is j C ] personally known to ine or who [ 1 produced as identification. (36461030;4) y Litho-04/ Name: Injanottl. Ti imt'iM-M Notary Public, State of ilAttry Istria( My Commission Number: My Commission Expires: M L( 21J 4 (NOTARY SEAL) WANDAYTHOIM NOTARY PUBLIC PRINCE GEORGE'S COUNTY MARYLAND MY COMMISSION EXPIRES 5/3O!16 5 JOINDER OF MORTGAGEE FOR OAK PLAZA DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent for the lenders ("Agent"), being the holder of that certain Amended, Restated and Consolidated Mortgage and Security Agreement and Notice of Future Advance made by OAK PLAZA ASSOCIATES (DEL.) LLC, a Delaware limited liability company, dated as of May 15, 2015 and recorded in Official Records Book 29619, Page 1704, in the Public Records of Miami -Dade County,. Florida, encumbering, among other things, certain real property, referred to herein as the Parking Property, -subject -to the Declarations as -defined in the foregoing Release; in ,favor of -the City o.f Miami, Florida, hereby joins in, acknowledges, and consents to said Release. Signed, sealed and delivered in the presence of: --WITNESSES. DEUTSCHE BANK AG NEW YORK BRANCH By: �- Print Name: -0,04 4mef Name: Title: ... By 3 5 R k 19 IV M1N6 DlRECSD A Print Name: aIw-e Print Name: Name: tle:. • hrte c tmal Vice President ,/ . `, 044 'tint Name: 4skouur tY-,.?w, 7 STATE OF 6/ COUNTY OF kte � ) SS.: The foregoing 'nstrurnent was ack owledged before me this ''ofday f 4'Lc.tr 201 by L74 S4✓r , the ►'Ik ` h r'rr Vof DEUTSHE BAi' AG NE YORK B" NCH, on behalf of the bank, S h-1 erson is personally known to me �S) (NO) or has produced as identification. [Notarial Seal] Notary Public SASKIA A. LA tM . Nettaty Public, State of How York Printed Name of Notary gaafified in Kings County i,ft9i (3 (i46103O 4) 6 SS„ The foregoing instrument was aclvnowle ed fore one this L day of� j4t4 Ui J, 2015, by q' 4 �,, C� , the V �C flietM of DEUTS H. E BANK AG NE YO1&K.BRANCH, on behalf of the bank, Such person is personally known to me (YES) (NO) or has produced as identification, [Notarial Seal] N Public Printed Name of Notary ASKiA A. i AtML Nobly h�a�blic, State of New York No. 01 IA627494C -Qualified in Kings Cot.,n,y !gussim &tires:Wow 14, Ai i 7 {36461030:4} 7 "CITY" CITY OF MIAMI, a municipal corporation located within the State of Florida APPROVED -.AS-TG FORM -..AND --CORRECTNESS: OFFICE OF' THE CITY ATTORNEY By: Printed: Victoria Mendez, Esquire Its: City Attorney APPROVED: PLANNING DEPARTMENT By: Printed: Francisco J. Garcia Its: Director (364GI03O;4) EXHIBIT "A" Building Property Lots 14 through 18, Block 2, Amended Plat of Cornrnercial Biltmore 1921,. according to the Plat thereof as recorded in Plat Book 6 at Page 132 of the Public Records of Miami -Dade County, Florida. (36461030;4) 9 EXHIBIT "B" Parkin; Property Lots 4, 5, 6, 7, 8, Block 9, BILT'MORE, according to the Plat thereof, as recorded in Plat Book 6, at Page 67 of the Public Records of Miami -Dade County, Florida. {3646I 030;4 10 16-00247cr - Exhibit C Pending