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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hann i n, Clerk FROM: Victoria Mend ty Attorney DATE: December 1 h, 2 7 RE: Ordinance No. 3723 — Rezoning of the real properties located at approximaltey 2765 South Bayshore Drive and 2850 Tigertail Avenue, Miami, Florida. File No. 3073 At its December 14, 2017 meeting, the City Commission considered the above referenced agenda item, PZ.10, regarding the Rezoning of 2765 South Bayshore Drive and 2850 Tigertail Avenue, Miami Florida. The Legislation referenced two (2) restrictive covenants affecting the parcels and cited to Composite Exhibit "B." While the agenda packet distributed to the City Commission included a copy of both covenants as part of the attachment entitled, "3073 — Analysis & Maps," the cited exhibit, Composit Exhibit "B," inadvertently contained two (2) copies of the same covenant. The Legislation has been modified so that the referenced Composite Exhibit "B" contains both covenants and the version incremented to Revision A. Composite Exhibit "B" is attached. VM/BLM/vja Enclosure(s) 3073-- iVQi?S Ucsoc_(tuO THIS DOCUMENT IS A SUBSTITUTION. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. RESTRICTIVE COVENANT FOR PLAZA This instrument is prepared by (and after recording) please return this instrument to: Iris Escarra, Esq. Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Folio Nos. 01-4121-384-0020 Reserved for Recording RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENT that the undersigned, 2701 Bayshore Commercial, LLC, a Florida limited liability company ("Owner") hereby makes, declares and imposes on the land herein described, this Restrictive Covenant (the "Covenant") running with title to the land contained herein, which shall be binding on Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the fee simple title holder to certain property located in Miami -Dade County, Florida, more particularly described on Exhibit "A" (the "Property") attached hereto and incorporated herein; and WHEREAS, Owner intends to rezone the Property from T5-O to T6-8-O; and WHEREAS, as a condition to the rezoning from T5-O to T6-8-O, the Owner proffers this covenant restricting the property to a plaza use upon which no permanent structure shall be constructed; and NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Owner, hereby agree as follows: A. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. B. Restriction. Owner covenants to restrict the to a plaza use and design in accordance with the City of Miami Zoning Ordinance 13114, as amended, Miami 21 Code, standards. C. Covenant Running with the Land. This Covenant on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the Public Records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned Owner, and its heirs, successors, and assigns THIS DOCUMENT IS A SUBSTITUTION. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 2765 S. Sayshore Drive Restrictive Covenant until such time as the Covenant is released. These restrictions during their lifetime shall be for the benefit of, and be a limitation upon, all present and future owners of the Property and for the public welfare. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect fora period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless modified, amended, or released in compliance with this instrument prior to the expiration thereof. D. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City. Enforcement shall be by action against any parties or person violating, or attempting to violate any covenant contained herein. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. E. Election of Remedies. 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. F. Amendment, Modification, and Release. This Declaration may be modified, amended, or released only by a written instrument executed by: (i) the then owner(s) of the Property AND (ii) the City of Miami after approval by the City Commission at a public hearing. Any modification, amendment, or release shall be of this Declaration shall be approved to content by the Zoning Administrator and the Director of Planning and Zoning and as to legal form by the City Attorney or their respective designees or successors. G. Severability. Invalidation of any one of these covenants, by judgginent of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. H. Recording. This Declaration shall be recorded in the Public Records of Miami- Dade County at the Owners' expense. The City of Miami City Attorney at 444 SW 2nd Avenue, Miami, Florida 33130, shall be furnished a copy within thirty (30) days of recordation. [Signature Page to Follow} Page 2 PZAB file 10 2635 THIS DOCUMENT IS A SUBSTITUTION. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 2765 S. Bayshore Drive Restrictive Covenant Signed, witnessed, executed and acknowledged this day of , 2017. 2701 Bayshore Commercial, LLC, a Florida limited liability company By: Name: Title: STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE The foregoing instrument was acknowledged before me this _ day of , 2017 by , who is personally known to me, or has produced , as identification and she acknowledged before me that he executed the same, freely and voluntarily, for the purposes therein expressed. Name: Notary Public, State of Commission No. Page 3 PZAB file ID 2635 THIS DOCUMENT IS A SUBSTITUTION. ❑RIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 2765 S. Bayshore Drive Restrictive Covenant APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning and Zoning Department Devin Cejas, Zoning Administrator Planning and Zoning Department Page 4 PZAB file I❑ 2635 THIS DOCUMENT IS A SUBSTITUTION, ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 2765 S. Bayshore Drive Restrictive Covenant Exhibit A The Property Tract "B", C.G.B. Subdivision, according to the plat thereof, as recorded in Plat Book 169, Page 77, of the Public Records of Miami -Dade County, Florida. Page 5 PZAB file ID 2635 THIS DOCUMENT IS A SUBSTITUTION. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT, 2765 S. Bayshore Drive Restrictive Covenant Page 6 PZAB file I❑ 2635 THIS DOCUMENT IS A SUBSTITUTION. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. RESTRICTIVE COVENANT FOR HEIGHT This instrument is prepared by (and after recording) please return this instrument to: Iris Esearra, Esq. Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Folio Nos. 01-4121-199-0040 Reserved for Recording RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENT that the undersigned, 2850 Tigertail Investments, LLC, a Florida limited liability company ("Owner") hereby makes, declares and imposes on the land herein described, this Restrictive Covenant (the "Covenant") running with title to the land contained herein, which shall be binding on Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the fee simple title holder to certain property located in Miatni-Dade County, Florida, more particularly described on Exhibit "A" (the "Property") attached hereto and incorporated herein; and WHEREAS, Owner intends to develop the Property as an Office Use and a ground floor Retail Use; and WHEREAS, as a condition to the rezoning from T5-O and T6-12-0 to T6-8-0, the Owner proffers this covenant restricting the maximum height permitted at the Property to be one hundred twenty-three feet (123'); and NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereina#ler, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Owner, hereby agree as follows: A. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. B. Restriction. Owner covenants to restrict the Property as follows: 1. The maximum height permitted at the Property shall not exceed one hundred twenty-three feet (123'). MIA 186072347v1 THIS DOCUMENT IS A SUBSTITUTION. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 2850 Tigertail Avenue Restrictive Covenant C. Covenant Running with the Land. This Covenant on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the Public Records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned Owner, and its heirs, successors, and assigns until such time as the Covenant is released. These restrictions during their lifetime shall be for the benefit of, and be a limitation upon, all present and future owners of the Property and for the public welfare. The provisions of this instrument 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 such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless modified, amended, or released in compliance with this instrument prior to the expiration thereof. D. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City. Enforcement shall be by action against any parties or person violating, or attempting to violate any covenant contained herein. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. E. Election of Remedies. 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. F. Amendment, Modifications and Release. This Declaration may be modified, amended, or released only by a written instrument executed by: (i) the then owner(s) of the Property AND (ii) the City of Miami after approval by the City Commission at a public hearing. Any modification, amendment, or release shall be of this Declaration shall be approved to content by the Zoning Administrator and the Director of Planning and Zoning and as to legal form by the City Attorney or their respective designees or successors. G. Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. H. Recording. This Declaration shall be recorded in the Public Records of Miami - Dade County at the Owners' expense. The City of Miami City Attorney at 444 SW 2nd Page 2 THIS DOCUMENT IS A SUBSTITUTION. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 2850 Tigertail Avenue Restrictive Covenant Avenue, Miami, Florida 33130, shall be furnished a copy within thirty (30) days of recordation. [Signature Page to Follow] Page 3 THIS DOCUMENT I5 A SUBSTITUTION. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 2850 Tigertail Avenue Restrictive Covenant Signed, witnessed, executed and acknowledged this day of , 2017. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE 2850 Tigertail Investments, LLC, a Florida limited liability company By: Name: Title: The foregoing instrument was acknowledged before me this day of , 2017 by , who is personally known to me, or has produced , as identification and she acknowledged before me that he executed the same, freely and voluntarily, for the purposes therein expressed. Name: Notary Public, State of Commission No. Page 4 THIS DOCUMENT IS A SUBSTITUTION. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning and Zoning Department Devin Cejas, Zoning Administrator Planning and Zoning Department Page 5 2850 Tigertail Avenue Restrictive Covenant THIS DOCUMENT IS A SUBSTITUTION. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 2850 Tigertail Avenue Restrictive Covenant Exhibit A The Property Tract D, RITZ CARLTON, according to the plat thereof, as recorded in Plat Book 154, Page 34, of the Public Records of Miami -Dade County, Florida. Page 6 THIS DOCUMENT IS A SUBSTITUTION. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 2850 Tigertail Avenue Restrictive Covenant Page 7 This instrument is prepared by (arid after recording) please return this instrument to: Iris Escarra. Esq. Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Folio Nos. 01-4121-199-0040 Reserved for Recording SUBSTITUTED RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENT trat the undersigned, 2850 Tigertail Investments, LLC, a Florida limited liability company `Owner") hereby makes, declares and imposes on the land herein described, this Restrictive ovenant (the "Covenant") running with title to the land contained herein, which shall be bin •' g on Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees essees, and against al! persons claiming by, through or under them. WHEREAS, Owner is the fee simpltitle holder to certain property located in Miami - Dade County, Florida, more particularly escribed on Exhibit "A" (the "Property") attached hereto and incorporated herein; and WHEREAS, Owner intends t . develop the Property as an Office Use and a ground floor Retail Use; and WHEREAS. as a con..' ion to the rezoning from T5-O and T6-12-0 to T6-8-O, the Owner proffers this covenant estricting the maximum height permitted at the Property to be one hundred twenty-three feet ( 3'); and NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and or other good and valuable consideration, the receipt and sufficiency of which are hereby ac nowledged by Owner, hereby agree as follows: A. citals. The foregoing recitals are true and correct and are incorporated herein as if re.eated at length. Restriction. Owner covenants to restrict the Property as follows: 1. The maximum height permitted at the Property shall not exceed one hundred twenty-three feet (123'). MIA 186072347v1 SUBSTITUTED 2850 Tigertail Avenue Restrictive Covenant C. Covenant Running with the Land. This Covenant on the part of the Owner s 1 constitute a covenant running with the land and shall be recorded, at Owner's expen in the Public Records of Miami -Dade County. Florida, and shall remain in full fo " e and effect and be binding upon the undersigned Owner, and its heirs. successors, an assigns until such time as the Covenant is released. These restrictions during their li time shall be for the benefit of, and be a limitation upon, all present and future o ners of the Property and for the public welfare. The provisions of this instrument shall become effective upon eir recordation in the Public Records of Miami -Dade County, Florida, and shall co tinue in effect for a period of thirty (30) years after the date of such recordation, aft- which time they shall be extended automatically for successive periods of ten (10) yes each, unless modified, amended, or released in compliance with this instrument prio o the expiration thereof. D. Inspection and Enforcement. It is understoo• and agreed that any official inspector of the City of Miami may have the right, on 24 hours' notice and during normal working hours, to enter upon the Property fo " he purpose of investigating the use of the Property to determine whether the con. tions of this Declaration are being complied with. An action to enforce the terms ar d conditions of this Declaration may be brought by the City pursuant to Chapter 2, Art le X of the City Code. Enforcement shall be by action against any parties or person vi ating, or attempting to violate any covenant contained herein. This enforcement provi on shall be in addition to any other remedies available at law or in equity or both. E. Election of Remedies. All r'rhts, 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 reme• es, nor shall it preclude the party exercising the same from exercising such other aditional rights, remedies or privileges. F. Amendment M ification and Release. This Declaration may be modified, amended, or released .. ly by a written instrument executed by: (i) the then owner(s) of the Property AND the City of Miami after approval by the City Commission at a public hearing. y modification, amendment, or release shall be of this Declaration shall be approve to content by the Zoning Administrator and the Director of Planning and Zoning a as to legal form by the City Attorney or their respective designees or successors. G. verabilitv. Invalidation of any one of these covenants. by judgment of Court, in no w. shall affect any of the other provisions, which shall remain in full force and effe Recording. This Declaration shall be recorded in the Public Records of Miami - Dade County at the Owners' expense. The City of Miami City Attorney at 444 SW 2na Avenue, Miami, Florida 33130, shall be furnished a copy within thirty (30) days of recordation. [Signature Page to Follow] MIA 186072347v1 SUBSTITUTED 2850 Tigertail Avenue Restrictive Covenant Signed, witnessed, executed and acknowledged this day of , 2017. 2850 Tigertail Investments, LLC, a Flo ida limited liability company By: Name: Title: STATE OF FLORIDA ) SS. COUNTY OF MIAM I DADE The foregoing instrument was acknowledged before me this •ay of , 2017 by , who is personally known to me, or has produced , as identification and she acknowledged before me that he executed the same, freely and voluntaril for the purposes therein expressed. Nae: ❑tary Public, State of Commission No. MIA 186072347v1 SUBSTITUTED 2850 Tigertail Avenue Restrictive Covenant APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez. City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning and Zoning Department Devin Cejas, Zoning Administrator Planning and Zoning Department MIA 186072347v1 SUBSTITUTED 2850 Tigertail Avenue Restrictive Covenant Exhibit A The Property Tract D. RITZ CARLTON, according to the plat thereof, as recorded in Plat Book 154, age 34, of the Public Records of Miami -Dade County, Florida. MIA 186072347v1 SUBSTITUTED This instrument is prepared by (and after recording) please return this instrument to. Iris Escarra. Esq. Greenberg Traurig 333 SE 2 Avenue. Suite 4400 Miami, FL 33131 Folio Nos. 01-4121-199-0040 Reserved for Recording RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENT teat the undersigned, 2850 Tigertail Investments. LLC. a Florida limited liability company "Owner") hereby makes, declares and imposes on the land herein described, this Restrictiv Covenant (the "Covenant") running with title to the land contained herein, which shall be bin• ng on Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagee , lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the fee sim+ e title holder to certain property located in Miami - Dade County, Florida, more particularl described on Exhibit "A" (the "Property') attached hereto and incorporated herein: and WHEREAS, Owner intend to develop the Property as an Office Use and a ground floor Retail Use; and WHEREAS, as a c+ dition to the rezoning from T5-O and T6-12-0 to T6-8-O, the Owner proffers this coven ant restricting the maximum height permitted at the Property to be one hundred twenty-three fe; (123'): and NOW, THE EFORE, in consideration of the premises, agreements and covenants set forth hereinafter, : nd for other good and valuable consideration, the receipt and sufficiency of which are hereacknowledged by Owner, hereby agree as follows: A. Recitals. The foregoing recitals are true and correct and are incorporated herein a if repeated at length. Restriction. Owner covenants to restrict the Property as follows: 1. The maximum height permitted at the Property shall not exceed one hundred twenty-three feet (123'). MIA 186072347v1 285[4112e Ave e Kesttrictive Covenant C. Covenant Running with the Land. This Covenant on the part of the Owner sf .11 constitute a covenant running with the land and shall be recorded, at Owner's expense. in the Public Records of Miami -Dade County, Florida, and shall remain in full fo e and effect and be binding upon the undersigned Owner, and its heirs, successors, a • assigns until such time as the Covenant is released. These restrictions during their li -time shall be for the benefit of, and be a limitation upon, all present and future o ners of the Property and for the public welfare. The provisions of this instrument shall become effective upon eir recordation in the Public Records of Miami -Dade County, Florida, and shall co inue in effect for a period of thirty (30) years after the date of such recordation, afte which time they shall be extended automatically for successive periods of ten (10) yea, each, unless modified, amended, or released in compliance with this instrument prior . the expiration thereof. D. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right, u. in 24 hours' notice and during normal working hours, to enter upon the Property for e purpose of investigating the use of the Property to determine whether the condi ons of this Declaration are being complied with. An action to enforce the terms anconditions of this Declaration may be brought by the City pursuant to Chapter 2, Artie - X of the City Code. Enforcement shall be by action against any parties or person violing, or attempting to violate any covenant contained herein. This enforcement provisi+ shall be in addition to any other remedies available at law or in equity or both. E. Election of Remedies. All rig s, remedies, and privileges granted herein shall be deemed to be cumulative and the e rcise of any one or more shall neither be deemed to constitute an election of remedie-, nor shall it preclude the party exercising the same from exercising such other addif.nal rights, remedies or privileges. F. Amendment Modi 'cation and Release. This Declaration may be modified, amended, or released on l .y a written instrument executed by: (i) the then owner(s) of the Property AND (ii) e City of Miami after approval by the City Commission at a public hearing. Any odification, amendment. or release shall be of this Declaration shall be approved is content by the Zoning Administrator and the Director of Planning and Zoning and . ; to legal form by the City Attorney or their respective designees or successors. G. Seve ability. Invalidation of any one of these covenants. by judgment of Court, in no way s .II affect any of the other provisions, which shall remain in full force and effect. H. Recording. This Declaration shall be recorded in the Public Records of Miami- D.:e County at the Owners' expense. The City of Miami City Attorney at 444 SW 211d venue, Miami, Florida 33130, shall be furnished a copy within thirty (30) days of recordation. [Signature Page to Follow] MIA 186072347v1 28515TigeerfailrAv en I TeURive Covenant Signed, witnessed. executed and acknowledged this day of , 2017. 2850 Tigertail Investments, LLC, a Florid limited liability company By: Name: Title: STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE The foregoing instrument was acknowledged before me this d. + of , 2017 by who is personally known to me, or has produced as identification and she acknowledged before me that he executed the same. freely and voluntarily, .r the purposes therein expressed. Nam N.tary Public, State of ommission No. MIA 186072347v1 SUBSTITUTED 2850 Tigertail Avenue Restrictive Covenant APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning and Zoning Department Devin Cejas, Zoning Administrator Planning and Zoning Department M!A 186072347v1 SUBSTITUTED 2850 Tigertail Avenue Restrictive Covenant Exhibit A The Property Tract D, RITZ CARLTON, according to the plat thereof, as recorded in Plat Book 154, ' age 34, of the Public Records of Miami -Dade County, Florida. MIA 186072347v1