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HomeMy WebLinkAboutExhibit BThis instrument is prepared by (and after recording) please return this instrument to: Carlos Lago Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Reserved for Recording DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND KNOW ALL MEN BY THESE PRESENT that the undersigned JMG Miami River, LLC, a Florida limited liability company, BL Miami River LLC, a Florida limited liability company, JF Miami River LLC, a Florida limited liability company, LAG Miami River LLC, a Florida limited liability company, CA Miami River LLC, a Florida limited liability company, LSG Miami River LLC, a Florida limited liability company and DF Miami River LLC, a Florida limited liability company (hereinafter collectively, the "Owner") hereby makes, declares and imposes on the land herein described, this Declaration of Restrictive Covenants Running with the Land (the "Declaration" or "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 properties located at 2222 and 2260 NW North River Drive, all located in Miami, Florida, more particularly described on Exhibit "A" (collectively, the "Property") attached hereto and incorporated herein, which are the subject of a Rezoning application for the Property, from T3-O to T4-R under Miami 21; and WHEREAS, the Property is currently the subject of a Comprehensive Plan amendment from Duplex Residential on the City's Future Land Use Map to Low Density Multifamily Residential; and WHEREAS, the Owner voluntarily proffers this Covenant acknowledging and accepting the presence of the existing Working Waterfront 24-hour operations, as permitted; and WHEREAS, the Port of Miami River has a designated Federal Navigable Channel featuring numerous job generating businesses, including International Shipping Terminals, Boatyards, Marinas, Tug Boat Basins, Commercial Fishing, etc.; and NOW, THEREFORE, Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner, and their heirs, successors, and assigns, as follows: MIA 186105633v4 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. 2. Restrictions. Owner covenants the following: a. The Property will be developed in accordance with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan. b. Owner recognizes that legally permitted existing Working Waterfront 24-hour operations may currently exist proximate to the Property. Therefore, Owner agrees: i. not to object or otherwise attempt to impede any legally permitted Working Waterfront 24-hour operations; ii. to provide all future tenants and prospective owners of the Property notice of the existing Working Waterfront 24-hour operations and will include a provision to agree not to object to legally permitted Working Waterfront 24- hour operations in each lease and or Condominium Sale Documents; iii. that it is solely the Owner's responsibility to design its structures to accommodate legally permitted Working Waterfront 24-hour operations; and iv. that it will not pursue any claims for liability, loss or damage, whether through litigation or otherwise, against permittees engaging in Working Waterfront 24-hour operations, related to noise, smoke, fumes, federally regulated bridge openings, and/or other quality of life issues that might result from legally permitted Working Waterfront 24-hour operations. c. There shall be no net loss of the number of recreational wet -slips along the Miami River, except as required by the United States Coast Guard, the Miami -Dade County Department of Regulatory and Economic Resources, or as required by other regulating agencies with appropriate jurisdiction. d. Owner shall allow public access to a Riverwalk to be constructed as part of a future, new development at the Property. MIA 186105633v4 3. Covenant Running with the Land. This Covenant on the part of Owner shall constitute a covenant running with the land and shall be recorded, by the Owner and 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 Declaration is terminated, modified or 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. 4. Term of Covenant. The provisions of this Declaration shall become effective upon its 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 this Covenant, pursuant to Section 4 below, is released in writing by the following: (i) then owners of the Property AND (ii) the Director of the Department of Planning and Zoning of the City of Miami (the "Director"), subject to the approval of the City Attorney as to legal form, or their respective designees or successors. 5. Modification. Amendment. Release. This Covenant may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the then owner(s) of the fee simple title to the Property, or any portion thereof, provided that the same is reviewed and approved by the Director. Should this Declaration be so modified, amended, or released, the Director or the executive officer of a successor depaitinent or, in the absence of such Director or executive officer, by his or her assistant in charge of the office in his/her office, shall execute a written instrument effectuating and acknowledging such modification, amendment, or release. 6. 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 determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. 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. 7. 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. 8. Severability. 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. 9. Recording. This Covenant shall be filed of record in the Public Records of Miami -Dade County, Florida by the Owner at the cost of the Owner within ten (10) MIA 186105633v4 days of acceptance by the City of Miami. Owner shall provide the Director with a copy of the recorded Declaration within thirty (30) days of recordation. [Signature Page to Follow] MIA 186105633v4 Signed, witnessed, executed and acknowledged this day of , 2017. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE JMG Miami River, LLC, a Florida limited liability company By: Name: Joshua Goldberg Title: Manager The foregoing instrument was acknowledged before me this day of _ , 2017, by Joshua Goldberg, the Manager of JMG Miami River, LLC 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. MIA 186105633v4 Signed, witnessed, executed and acknowledged this day of , 2017. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE BL Miami River LLC, a Florida limited liability company By: Name: Joshua Goldberg Title: Manager The foregoing instrument was acknowledged before me this day of , 2017, by Joshua Goldberg, the Manager of BL Miami River LLC, 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. MIA 186105633v4 Signed, witnessed, executed and acknowledged this day of , 2017. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE JF Miami River LLC, a Florida limited liability company By: Name: Joshua Goldberg Title: Manager The foregoing instrument was acknowledged before me this day of , 2017, by Joshua Goldberg, the Manager of JF Miami River LLC, 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. MIA 186105633v4 Signed, witnessed, executed and acknowledged this day of , 2017. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE LAG Miami River LLC, a Florida limited liability company By: Name: Joshua Goldberg Title: Manager The foregoing instrument was acknowledged before me this day of , 2017, by Joshua Goldberg, the Manager of LAG Miami River LLC, 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. MIA 186105633v4 Signed, witnessed, executed and acknowledged this day of , 2017. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE CA Miami River LLC, a Florida limited liability company By: Name: Joshua Goldberg Title: Manager The foregoing instrument was acknowledged before me this day of , 2017, by Joshua Goldberg, the Manager of CA Miami River LLC, 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. MIA 186105633v4 Signed, witnessed, executed and acknowledged this day of , 2017. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE LSG Miami River LLC, a Florida limited liability company By: Name: Joshua Goldberg Title: Manager The foregoing instrument was acknowledged before me this day of , 2017, by Joshua Goldberg, the Manager of LSG Miami River LLC, 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. MIA 186105633v4 Signed, witnessed, executed and acknowledged this day of , 2017. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE DF Miami River LLC, a Florida limited liability company By: Name: Joshua Goldberg Title: Manager The foregoing instrument was acknowledged before me this day of _ , 2017, by Joshua Goldberg, the Manager of DF Miami River LLC, 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. APPROVED: By: Name: Notary Public, State of Commission No. Francisco Garcia, Director of Planning and Zoning APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: Victoria Mendez, City Attorney MIA 186105633v4 Exhibit "A" The Property Lot A of WASHBURN'S 2ND ADDITION, according to the Plat thereof, as recorded in Plat Book 6 at Page 1 of the Public Records of Miami -Dade County, Florida, less approximately 6 feet on the southern boundary line; AND all of Lots E and F of WASHBURN'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4 at Page 112 of the Public Records of Miami -Dade County, Florida. FOLIO NU1VIBERS: 01-3134-028-0241 and 01-3134-027-0010 LOCATION: 2222 and 2260 NW North River Drive, Miami, FL 33125 MIA 186105633v4