HomeMy WebLinkAboutSubmittal-City Attorney-Mendez Back-UpPrepared byand return to:
Ricardo L, Raga, Esq.
Greenberg Traudg,, P,A.
333 S,E, T4 Avenue, Suitc4400
lviland, Florida 33131
111111111111111111111111111111111111111111111
CFJ4 2O14RIJ69O4
OR Bk 25336 Pas 2025 2031i (7aas)
REGOROEO 10/03/2814 14.5213E
HARVEY RUVII'h CLERK OF COURT
NIAMX—OAOE COUNTY, FLORIDA
(Space above this live reservedfor recording office use)
DECLARATION O ' RES `RICti VL COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"),
made this day / of 0e, �[ , 2014, by Astor Trolley, LLC, a
Florida Limited Liability Company (the "owner"), is in favor of Dorothy Henry, Coconut
Grove Church of Christ, and Evelyn Prophet (collectively, the `Neighbors").
WITNESSETH:
WHEREAS, the Owner holds fee -simple title to certain property in the City of
Miami, Florida, located at 3320 = Southwest .3 th. Avenue,. Miami, ..Flt rida, legally
described in Exhibit "A" attached hereto andmade a part hereof (the "Property"); and
WHEREAS, the Property is zonedT5 O TJMbar Center Transoet Zona under the
City of Miami, Miami 21 Zoning Code and is designated as Medium. Density Restriotted
Commercial under the City of Miami Comprehensive Neighborhood Man; and
WHEREAS, on May 31, 2012, Owner obtained from. the City of Miami an
approval by Warrant for development and construction of a new construction project on
the Property that was intended to "house the [City of Coral Gables'( trolley fleet as well
as operations and maintenance personnel performing administrative tasks, repair and
maintenance work consistent with operating a circulator Trolley system" the "New
Trolley Station"); and
WHEREAS, Neighbor's fled a lawsuit captioned Sandra Ward, et al, v, City of
Miami, Case No. 13.03848 (11th Ind. Cir.), challenging the issuance of the Warrant for
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record fpr tem(s) ht,
on q I tilt) City Clerk
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the New Trolley Station, which resulted in the entry of a final summary judgment in.
favor of Owner, and against the Neighbors (the "Ward Final Judgment");
WBEREAS, Neighbors filed an appeal of the final snmmary judgment to the
Third Dishlet Court ofAppeal in Case No. 3D13-2794 (the "Ward Appeal");
WHEREAS, Owner has reached an agreement with the City of Coral Gables,
pursuant to which the New Trolley Station will no longer be located on the Property;
WBERAS, Owner and Neighbors have agreed to certain restrictions on the use of
the Property in connection. with a settlementthat hag resulted in the dismissal of the Ward
Appeal; and
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 to be covenants running with the land and binding upon the Owner, its
successors in interest and assigns, as follows:
1. IZcifais, The recitals and findings set forth in the preamble of this
Declaration are hereby adopted by reference thereto and incorporated herein as if fully set
forth in this Section;
2. Rest:dot 8nns of repert ,- Owner agrees to the following restrictions on
the use of the Property:
a. 4 .She following restrictions shall be effective for e xx of
five (5 feats, fiozr epte nber 1 „2ft1 , through Septem er 17,=2019 (ti e-"Tern "), This
Term: shall not be extended; renewed, or otherwise remain in effect after the expiration of
the frve.year Term, unless otherwise agreed to in a writing signed by Owner or, if Owner
Submitted into the public 5
2 record_ Q tpr i em(s) i
on 1 I City Cler
Book29336/Page2026 CPS(#201 40690488
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conveys title to the Property, the record owner of the Property as of' the date any such
extension is memorialized in a writing.
Prohibited rises:: During the effectiveness of the Term, no portion
of the Property shall be used for the following uses, alone or in combination with other
uses, or uses substantially similar to the following;
(1) automobile or truck maintenance, repairs or storage, painting or
body work;
(2) automobile sales, rentals, washing, or servicing;.
(3) car lots, car or tuck sales whether new or used;
tire sales, tire repairs, tire vulcanizing, wheel balancing;
muffler, carburetor sales, or repairs;
motorcycle sales, servicing, repairs, storage;
fuel storage, fuel sales, or engine repairs;
marine service, rnaintenance, repairs, storage, orpainting;
the sale ofmotor vehicle parts;
gas stations;
engine repair whether gasoline, steam, and oil; sales and services;
contractor's plant and storage yards;
any use with a drive through (this restriction shall not include any
type of medical servicefaciii:ty, which may include a drive -up entrance for
ambulances and other emergency vehicles);
Submitted into the publ'
record f it m(s) \\ E .5
on 1 i 6 City Clerk
(14) gun shop, gun range;
(15), kennels;
(16) pawn shop;
(17) tattoo parlor;
(18), adult entertaiiiment -uses;
(19) fireworks sales;
(20) retailing of second hand items;
(21) automotive repair services;
(2..z new and used vehicle sales;
(23) parting lots and garages;
(24) heavy equipment sales and service;
(25) building material sales arid storage;
(26) wholesaling;
(27) warehousing;
(28) distribution and transport related services;
(29) on and offloading faeilities;
(30) light rnanufaotating and assembly;
(31) stand-alone liquor store for consumption off premises (this
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.or any other use where the sale of liquor and alcoholic beverages for
restriction does not include a g;rocety store, convenience store, restaurant,
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record for item(s)
on City Clerk
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pi-y
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consumption off premises is not the predominant purpose of the use of the
property); and
(32)stand-atone marijuana dispensary (this restriction does not include •
a pharmacy or other similar establishment where the legal sale of
marijuana is not the predominant purpose of the use of the property), or
other "smoke shops" or "head shops."
The prohibited uses set forth i Paragraph 2(b) above shall be interpreted, consistent with
applicable zoning codes and laws. The foregoing restrictions do not prohibit ancillary
uses that are not the predominant purpose of the use of the Property, but, rather, are only
intended to restrict the predominant use of the Property. By way of example, pursuant to
Paragraph 2(b)(29), the Property shall not be used during the effectiveness of the Terin as
an. "on and off loading facility," where the predominant purpose of the use of the facility
is to on and off load warehoused. materials to commercial tracks or other vehicles.
However, this res tc lotion does not prohibit the Property from being used as a facility with
a loading or receiving area that is not the predominant puipose of the use ofthe Property
. Hours Qperatiortz :During the effectiveness of the Term, the
Property shall not be open for business or operations on any day of the week between the
hours of 11 PM through 6 .AM the following morning. Notwithstanding the foregoing,
this restriction on the hours of operation shall not apply to the Property during the
effectiveness ofthe Tern if it is being used as a medical care facility
3. Effective Date, This instrument shall constitute a covenant running with
the title to the Property and be binding upon Owner, its successors and assigns upon
recordation in the Public Records of Miami -Dade County, Florida. These restrictions
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Submitted into the public n 6
record fir i m(s )
on
� c6 . ' City Clerk
shall be for the benefit of, and a limitation upon, all present and future owners of the
Property during the effectiveness ofthe Term.
4. Tenn of Covenant :This voluntary covenant on the part of the Owner shall
remain in fall force and effeot and shall be binding upon the Owner of the Property, its
successors in interest and assigns for the duration of the Term set forth in section 2(a)
herein, 'finless moMed, amended or released prior to the expiration thereof.
5. 4mendment, ,•and ;Modifications This instunent may be modified,
amended or released as -to any portion of the Property by a. written instrument executed
by: (a) the owners) of the fee -simple title to the Property to be effected by such
amendment, modification, or release; and (b) the Neighbors or their successors in. interest.
and, assigns.
6, eVerability. ; Invalidation of any one of these covenants by ,judgment of
Court shall not affect any of the other provisions of this Declaration, which shall remain
in_ full force and effect.
7, Recording. This Declaration shall be filed of record among the Public
Records ofMiann,;.Dade County, Florida, at the cost of the Owner.
Submitted into the public
record f r tem(s) _
City Clerk