Loading...
HomeMy WebLinkAboutExhibit BThis instrument was prepared by and after recording return to: Name: Simon Ferro, Esq. Address: Gunster, Yoakley, & Stewart, P.A. 600 Brickell Avenue Suite 3500 Miami, Florida 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2016, by MIAMI RIVERVIEW APTS., INC. (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the state of Florida (hereinafter referred to as the "City"). WITNESSETH WHEREAS, Owner owns the property located at 2501 and 2507 N.W. 16th Street Road, Miami, Florida (the "Property"); and WHEREAS, on May 4, 2016, the Planning, Zoning and Appeals Board heard the Owner's applications requesting: (i) an amendment to the Miami Comprehensive Neighborhood Plan re -designating the Property from "Medium Density Restricted Commercial" to "Restricted Commercial" on the City's Future Land Use Map ("FLUM"); and (ii) a rezoning of the Property from T5-L (Urban Center -Limited) to T6-8-L (Urban Core -Limited), for the Property legally described in attached Exhibit A; and WHEREAS, on March 7, 2016, Owner's representatives met with the Miami River Commission ("MRC") and the MRC voted 6-3 in favor to recommend approval of the Rezoning subject to conditions reflected in a letter from the MRC addressed to the City of Miami Planning, Zoning and Appeals Board dated April 6, 2016 ("MRC Letter"), a copy is attached hereto as Exhibit B. WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure that the Property must be developed in accordance with the provisions of the Declaration. NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed a covenant running with the land and binding upon the Owner of the Property, and its heirs, successors and assigns as follows: Section 1. The recitals and findings set forth in the preamble of this Declaration as well as the Exhibits referenced therein are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Maximum Density and Number of Residential Units. The maximum number of dwelling units that may be developed on the Property shall not exceed 650 dwelling units. Section 3. Miami River Development Considerations. The Owner makes the following commitments regarding the conditions set forth in the MRC Letter: MRC Letter Conditions 1 and 2; Waterfront Standards: Owner shall be required to construct a public Riverwalk on the Property, and nothing in this paragraph shall be construed as a waiver of the requirement to construct a public Riverwalk. Owner acknowledges that Miami 21 Section 3.11 and Appendix B ("Waterfront Standards") requires specific waterfront building setbacks, including a public Riverwalk. Notwithstanding the foregoing, Owner shall have the right to request and obtain modifications from any of the requirements of the Waterfront Standards, or other development criteria, as set forth in the City of Miami Code, Miami 21, and the City of Miami Charter. In the event the Owner requests and Declaration of Restrictive Covenant: 2501 and 2507 NW 16 Street/Road Folio Number: 01-3134-081-0010 Page 2of7 obtains any such modification(s), the Owner shall provide for a public Riverwalk within the modified setbacks. The public Riverwalk shall be designed in a way that facilitates a connection to any adjacent waterfront walkway within the parcels located to the immediate east and west of the Property along the Miami River ("Abutting Parcels"). It shall not be the Owner's responsibility to obtain approvals or cooperation from the owners of the Abutting Parcels to connect with the public Riverwalk on the Property. In the event the Abutting Parcels do not have an existing, planned, or approved public Riverwalk, or if they refuse to connect to the public Riverwalk to the Property, the Owner may design the public Riverwalk without regard to connectivity with the Abutting Parcels. Owner's obligation under this section shall be fulfilled upon the construction of a public Riverwalk within the Property and not upon the connection of said public Riverwalk with one or both of the Abutting Parcels. ii. Condition 3 of the MRC Letter; Traffic Study: Owner has provided to the City of Miami, as part of the Rezoning, a traffic study prepared for Miami Riverview Apartments, Inc. by KBP Consulting, Inc. dated April 2016. This traffic study satisfies condition No. 3 of the MRC Letter. iii. Condition 4 of the MRC Letter; Seawall: The proper elevation for development of the Property and whether a new seawall is necessary will be determined through the City's permitting process, and in accordance with State and County laws and ordinance as applicable. iv. Condition 5 of the MRC Letter: Owner will provide a Working River covenant as required by Policy PA-3.1.9 of the Miami Neighborhood Comprehensive Plan. Section 4. Effective Date. The provisions of this Declaration shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of recordation, after which time they shall be extended automatically for successive period of ten (10) years. This instrument shall constitute a covenant running with the land and title to the Property, which shall be binding upon the Owner, its heirs, successors, vendees and assigns. Declaration of Restrictive Covenant: 2501 and 2507 NW 16 Street/Road Folio Number: 01-3134-081-0010 Page 3of7 Section 5. Applicable Law & Venue; Attorney's Fees. Florida law will apply to interpretation of this instrument. Venue in any civil actions arising under this instrument shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees. Section 6. Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then Owners of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami Planning and Zoning Board Appeals Board and City Commission after a public hearing which all advertising, notice, application, and public hearing expense shall be paid by the Owner. Upon approval of such modification amendment or release as specified herein, the Director of the City of Miami's Planning Department or his successor shall execute a written instrument in recordable form effecting and acknowledging such modification, amendment or release. Such instruments shall be in a form acceptable to the City Attorney. Section 7. Inspection and Enforcement. An enforcement action may be brought by the City by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the City, County or applicable regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. Section 8. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full force and effect. Section 9. Recording. This Declaration shall be promptly filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within 30 days of the City Commission's final adoption of the Change of Zoning and the Future Land Use Map amendments. The City of Miami Planning and Zoning Director will be Declaration of Restrictive Covenant: 2501 and 2507 NW 16 Street/Road Folio Number: 01-3134-081-0010 Page 4of7 furnished a recorded copy by the Owner within ten (10) days of this Declaration being recorded. [Signature Pages Follow] ACKNOWLEDGMENT CORPORATION Signed, witnessed and acknowledged on this day of , 2015. Witnesses: MIAMI RIVERVIEW APTS., INC. Signature By: Print Name Title: Address: Signature STATE OF COUNTY OF The foregoing instrument was acknowledged before me by , the of Miami Riverview Apts., Inc., on behalf of the corporation. He is personally known to me or has produced as identification. Witness my signature and official seal this day of 2016, in the County and State aforesaid. Notary Public State of My Commission Expires: Print Name Declaration of Restrictive Covenant: 2501 and 2507 NW 16 Street/Road Folio Number: 01-3134-081-0010 Page 5of7 APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED: Francisco J. Garcia, Planning Director Declaration of Restrictive Covenant: 2501 and 2507 NW 16 Street/Road Folio Number: 01-3134-081-0010 Page 6of7 Exhibit A Legal Description Declaration of Restrictive Covenant: 2501 and 2507 NW 16 Street/Road Folio Number: 01-3134-081-0010 Page 7of7