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HomeMy WebLinkAboutRecorded Declaration of RestrictionsThis 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 111111111111111111111111111111111111111111111 CFN 2014R0730073 OR Bk 29358 Ns 1691 - 1697; t7ps's)) RECORDED 10/21/2014 13:00:54 HARVEY RUVIWr CLERK. OF COURT MIAP1I-GAGE COUHTYr FLORIDA DECLARATION OF RESTRICTIVE COVENANTS AND COVENANT IN LIEU OF UNITY OF TITLE KNOW ALL ME BY THESE PRESENTS: That 7100 Biscayne LLC, and 7120 Biscayne LLC, ("Owners") hereby make, declare and impose on the land legally described on Exhibit "A" attached hereto (the "Properties") the covenants running with the title to the land set forth herein (the "Covenants"), which shall be binding on the Owners, all heirs, successors and assigns, personal representatives, mortgagees, lessees and against all persons claiming by, through or under them. WHEREAS, Owners hold fee simple title to the Properties; and WHEREAS, Owners have applied to rezone the property described in Exhibit "B" (the "Rezoned Property") from T-3L to T-4L; WHEREAS, Owners desire to restrict the use of the Rezoned Property to only surface parking and those uses permitted in the T-3L zoning district; WHEREAS, the Properties shall be treated as one plot and parcel of land; WHEREAS, Owners may wish to convey portions of the Properties from time to time and this instrument is executed in order to assure that the phased development of the Properties with future ownership will not violate any subdivision or zoning requirements of the City of Miami; NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, Owners hereby agree as follows: 1. The Rezoned Property shall not be used for any purpose other than surface parking and those uses permitted in the T-3L zoning district. 2. The Rezoned Property shall comply with all Miami 21 regulations, including, but not limited to, Section 9.7. 3. Owners hereby agree and declare that for the purposes of determining compliance with the Zoning Ordinance and the City of Miami Code, the Properties shall be considered as one plot and parcel of land. Any and all conveyances or transfers of all or any portion of the Properties shall be subject to the terms and conditions of the Covenants as if any grantee, successor or assign were a party hereto or a signatory hereof. 4. In the event of multiple ownership of the Properties, each of the subsequent owners, mortgagees and other parties in interest shall be bound by the terms, provisions and conditions of this instrument; and Owners will not convey portions of the Property to such other parties unless and until Owners and such other parties shall have executed and mutually delivered 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. Easements on each parcel for construction of buildings and improvements in favor of each other parcel. 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. (f) (g) (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. 2 (1) Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads. 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. These instruments or portions may be waived if approved by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning, 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 Covenants 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 accordance with paragraph 5. 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. 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. 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 and Covenant in Lieu of Unity of Title 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. The City of Miami shall not be liable for attorney's fees or costs. 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 and Covenant in Lieu of Unity of Title shall be recorded in the Public Records of Miami -Dade County, Florida, at the Owner's expense, within 10 day of the approval of the rezoning of the Rezoned Property. (m) 3 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. This Declaration of Restrictive Covenants and Covenant in Lieu of Unity of Title does not and shall not be construed to confer any vested rights on the Properties whatsoever. [Signature Page on Next Page] 4 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as of the day and date first above written. WITNESSES: (as to 7100 and 7120 Biscayne LLC) 7/, Print Name: /fr do tt) IJ Print Name: 7100 BISCAYNE LLC, a Florida limited liability company By: Print Name: Todd Leoni Its: Managing Member 7120 BISCAYNE LLC, a Florida limited liability company / By: L/ c Print Name: Todd Leoni Its: Managing Member STATE OF FLORIDA ) SS: COUNTY OF DADE ) The foregoing instrument was acknowledged before me this fS day of j.// MY, by Todd Leoni, as managing member of 7100 Biscayne LLC, and 7120 Biscayne LLC a Florida limited liability company, in the capacity aforestated; such person is (check one) [ personally known to me or [ ] has produced as ntification 5 NOTARY PUBLIC PRINT NAME My commission expires: (Seal) Aho lat."46 ANDREW VOGEL MY COMMISSION 0 EE130930 EXPIRES: November 25, 2015 I. -.NOTARY Fl• Notary Discount Aroc. Co. Folio: 01-3207-040-2710 Address: 7100 Biscayne Blvd. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: ALL OF LOTS 24 AND 25, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 14,126 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2690 Address: 565 NE 71st St. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 85 FEET LOT 22, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 6, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 7,650 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. LEGAL DESCRIPTION: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND ALL OF LOT 26, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E. 715T STREET TO PARKING LOT LOCATED WEST OF EXISTINGS BUILDINGS, TOGETHER WITH THE IMPROVEMENTS SITUATE THEREON. CONTAINING APPROXIMATELY 10,497 SQUARE FEET,MORE OR LESS. Legal Descriptions for T3 Properties to be Rezoned: Folio: 01-3207-040-2690 Address: 565 NE 71n St. Owner: 7100 Biscayne LLC. Legal Description: The South 85 feet of Lot 23, and the East 40 feet of the South 85 feet Lot 22, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Mat Book 25, Page 6, Public Records of Miami -Dade County, Florida. Containing approximately 7,650 Square Feet, more or less. Portion of Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. Legal Description: The North 60 feet of Lot 23, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 3,000 Square Feet, more or Tess.