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HomeMy WebLinkAboutSubmittal-Iris Escarra-Exhibit CSubmitted into the publc� record f r ire (s) CityClerk on \ SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is entered into by and between Southeastern Investment Group, Corp.. a Florida corporation ("SIG"), and Jose J. and Mercedes Solares residing at 2940 S. Miami Avenue, Miami, Florida 33129: Luis Paillot and Robert Ayona residing at 2952 S. Miami Avenue, Miami, Florida 33129; Ariel J. and Carmen Guitian residing at 30 SW 30 Road, Miami, Florida 33129; Pedro Pablo Puerto, as trustees for Pedro Pablo Puerto Revocable Trust, residing at 40 SW 30 Road, Miami, Florida 33129: William Thomas Lamp'I and Jessica Lynn Lamp'I residing at 31 SW 30 Road, Miami, Florida 33129; and Graciela Solares residing at 60 SW 30 Road, Miami, Florida 33129 (collectively, the "Neighbors"). SIG and the Neighbors are hereinafter collectively referred to as the "Parties." RECITALS WHEREAS, SIG is the owner of the properties located at 2900 S. Miami Avenue, and 2890, 2900, 2920, 2940, and 2960 S. Federal Highway, all in Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part hereof, (the "SIG Property"): and WHEREAS, the SIG Property is currently zoned T3-R under Miami 21. the Zoning Ordinance of the City of Miami, with a Future Land Use Map designation of Single Family Residential; and 1 (1.n s,\D \_4 \, Jlulr & - \-» C, Submitted into the public 2 O "l record for)to s) , J on \t I tri. City Clerk Settlement Agreement SIG Project WHEREAS, SIG has filed an application with the City of Miami to rezone the SIG Property from T3-R to T3-O and amend the Future Land Use Map designation from Single Family Residential to Duplex Residential (the "SIG Application"): and WHEREAS, as part of the SIG Application, SIG has proffered a Declaration of Restrictive Covenants running with the SIG Property attached hereto as I''.Nhihit "13" (the "SIG Property Covenant") that will be recorded. with such changes as may be requested by the City, upon obtaining final approval of the SIG Application by the City of Miami and expiration of all deadlines of seeking appellate review; and WHEREAS, if said changes requested by the City are contrary, to this Agreement. then the Neighbors reserve their right to object to the changed project and this Agreement is null and void; and WHEREAS, the Neighbors have expressed certain concerns regarding the SIG Application and its potential impact on their neighborhood; and WHEREAS, SIG disputes the Neighbors' allegations that the SIG Application and future redevelopment of the SIG Property will cause any adverse impacts to the neighborhood under applicable law and equity: and WHEREAS, SIG seeks to incorporate certain changes to the SIG Application and place certain restrictions and limitations related to the future development of the SIG Property as more particularly described below in exchange for the ?Neighbors' agreement of non -objection and no - opposition to the SIG Application and the construction and development of the SIG Project as defined further herein; and Submitted into the publi2. `�I` record for items U on \1./Ikl Ih . CityClerk Settlement Agreement SIG Project WHEREAS, the Partics desire to amicably resolve the concerns raised by the Neighbors with respect to their differences of opinion regarding the alleged adverse impacts that may be potentially caused by the proposed development of the 17 residential units at SIG Property as described in Section.1 below (the "SIG Project"); and WHEREAS, the Parties unequivocally affirm and confirm the legality. validity and enforceability of this Agreement and the sufficiency, adequacy, and exchange and receipt by the Parties of valuable consideration, including, without limitation, the agreements and covenants contained herein. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants. conditions, and agreements contained herein and other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, and with the intent to be legally bound upon execution hereof, the Parties stipulate and agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Parties agree that this Agreement memorializes the terms of the Parties negotiations and consensus, which are listed below. 3. None of the Parties shall raise, and all of the Parties expressly waive. any defense to the enforcement of this Agreement based on any assertion that it is unenforceable for any reason whatsoever. including, vwithout limitation. public policy considerations. 4. SI(i 1'nject Restriction'.. a) Site Plan. Contingent upon approval through the zoning and building permit Settlement Agreement SIG Project process. the use of die SIG Property shall be established and maintained in substantial conformity x vith that certain site plan entitled "South Federal Hwy. Parcel." as prepared by Borges Architects + Associates dated July 20, 2017, attached hereto as Exhibit "C'" together with such modifications as set forth in Section 6 herein (the "Site Plan"). The Site Plan sets forth that the total number of residential units shall not exceed the 17 residential units proposed for the SIG Property as depicted in the Exhibits of this Agreement. SIG and the Neighbors acknowledge that the future development of the SIG Property shall require detailed site plan approvals by the City which will determine, among other things, the exact location, distribution. and orientation of the residential units to be located on the SIG Property, as well as, other requirements for compliance with all applicable departments/agencies/overlays as part of the City of Miami building permit submittal process including but not limited to: EP-46 (Environmental Preservation 46) designation, Transportation Scenic Corridor designation, Environmental Resources. Historic Preservation Section, Land Cse, Zoning, Building, Fire and Public Works. SIG will submit detailed plans consistent with this Agreement to the City and seek approval of said plans through the ordinary municipal procedures with written notice of said submittals made to the Neighbors ten (10) days prior to that submittal. In no event shall additional abutting properties may be added to the Site Plan by SIG in connection with the development of the SIG Project without two-thirds (2/3) of the Neighbors' written consent. b) Single Family Residence. As reflected in the Site Plan, the development of the SIG Property shall include a minimum 5,000 square foot lot at the intersection of South Federal Highway and SW 30`1' Road which shall be reserved solely for the use, design and development Submitted into the public on recordfor, 9�� 3� 11I City Clerk 4 Settlement Agreement SIG Project of a single family residence as reflected in the Site Plan (the "Single Family Lot"). In no event shall said Single Family Lot be constructed with any non T3-R permitted structure. c) Landscaping. SIG shall install a 12 toot hedge along the Southern boundary of the SIG Property pursuant to Miami 21. Additionally, SIG shall install, at its sole cost and expense, an aluminum post fence along the southern boundary of the SIG Property at a height of eight (8) feet. If said height is not approved. then Owner shall build a six (6) foot high fence. Subject to the consent of the owner of Lot 13, SIG will also remove_ at its sole cost and expense. the existing fence along the Northern property line of Lot 13 according to the plat recorded in Plat Book 42, Page 73. of the Public Records of Miami -Dade County, Florida (identified by Folio No. 01-4139-003-0030). The hedge and aluminum fence described herein shall be maintained in good condition by the homeowner's Association or other entity created for the governance of the SIG Property. Additionally, SIG shall cooperate with the owner of the aforementioned Lot 13 to install, at SIG's sole cost and expense, a similar landscaping hedge along the Northern boundary of said Lot 13 provided same is acceptable to the then owner of Lot 13. Submitted into the public, record foJ1S ite (,I2Y 30 on II, 4 II ' . City Clerk d) Access. Access to the SIG Property shall be limited as follows: �) SW 30th Road. Vehicular access to the SIG Property along SW 30th Road shall be limited to ingress only. South Miami AN,,enuc. Vehicular access to the SIG Property along South Miami Avenue may permit both ingress and egress, both by right -turn only. South Federal I IitIiwn. Vehicular access to the SIG Property along South Federal Highway shall not he limited or restricted. Notwithstanding the 5 Settlement Agreement SIG Project Submitted into the publi record for itemf s) I � 1 Z. SO foregoing. in no event shall an access drive along the US-1 frontage be permitted closer than 200 feet from SW 30`h Road. 5. Covenant Amendments. SIG hereby agrees to record the Declaration of Restrictions attached hereto as Exhibit "I)" (the "Neighbors Covenant") in the Public Records of Miami -Dade County within five (5) days of obtaining final non -appealable approval of the SIG Application by the City of Miami. 6. Site Plan Modifications. Notwithstanding anything to the contrary, SIG and its successors and assigns shall have all rights as the owners of the SIG Property to apply for and otherwise pursue amendments or modifications to the Site Plan that are determined by the City of Miami to comply with Section 7.1.3.5.c.1, 2, or 5 of Miami 21 (the "Minor Modifications"). The Neighbors further hereby acknowledge and agree not to object or oppose S1G's efforts in processing and obtaining a Minor Modification. as defined herein, and shall not object nor encourage third parties from objecting to same. If necessary, Neighbors agree to sign, execute and deliver any applications or documents that may be reasonably requested by the City of Miami or other local governmental authority to permit the development of the SIG Property in accordance with this Agreement. However. said requested Minor Modifications shall not include any material deviations from the requirements set forth in Section 4(b) through 4(d) of this Agreement. SIG shall provide courtesy notice to the Neighbors in writing of the proposed Minor Modifications twenty (20) days prior to submittal to the City. In the event that SIG, and/or its successors or assigns, seeks to proceed with a modification to the Site Plan that are determined by the City, of Miami to not comply with Section 7.1.3.5.c.1, 2. or 5 (the "Non -Minor 6 Settlement Agreement SIG Project Modifications"), then such Non -Minor Modifications shall be submitted to the Neighbors for review and consideration. SIG acknowledges that the Neighbors retain their rights to object to any Non -Minor Modifications that materially deriate from the requirements set forth in Section 4(b) through 4(d) of this Agreement. 7. Neighbors' Cooperation and Non-( tbjection. The Neighbors agree not to object or oppose the SIG Application (and the construction and development of the SIG Project consistent with this Agreement) and to participate in the SIG Application process by either providing letter(s) of non -objection to the SIG Application or having a legal representative appear at any public hearings in connection therewith to confirm such non -objection to the SIG Application. Subject to SIG complying with all terms and conditions of this Agreement, the Neighbors shall cooperate with SIG to permit the construction and development of the SIG Project, including applications for Waivers to permit rear vehicular access and a reduction in the front setback requirements for the SIG Project, demolition permits, plat and subdivision approvals. tree removal permits, building permits. Historic and Environmental Preservation Board approvals, or any other application that is consistent with the provisions of this Agreement and reasonably necessary in order to proceed with the construction and development of the SIG Project (collectively, the "Development Approvals"). In consideration of the mutual agreements contained herein, the Neighbors further agree not to object. protest. appeal or otherwise interfere with any aspect relating, either directly or indirectly, to the approval and processing of the SIG Application and the construction and development of the SIG Property (including the Development Approvals pertaining to the SIG Project), nor shall the Neighbors in any way Submitted into the public 3� record for item(s), L, on k7, /%q I 1 I . City Clerk 7 Settlement Agreement SIG Project Submitted into the public ecord\t /);i fl �11 on //�� 11 City Clerk encourage any third parties to do so, and SIG further agrees to construct and develop the SIG Project as set forth in this Agreement 8. Waiver of Appellate Riahts. The Neighbors agree to waive all rights to appeal, any and all approvals issued by the City (or any other local, city. county, state or federal governmental authority or agency having jurisdiction over the SIG Property) relating, either directly or indirectly, to any future development or redevelopment of the SIG Property regardless of the ownership interests in the SIG Property. so long as said approvals are consistent with the provisions of this Agreement and SIG is in compliance with all terms of this Agreement (including all references to the Neighbor's Covenant previously attached as Exhibit "D" attached hereto). This section is not intended to limit the ability of the Parties to enforce this Agreement in the event that the SIC, Property is not developed consistent with the terms of this Agreement pursuant to Section 11 herein. 9. SIG Project Termination or I;a_piration. In the event that the SIG Application and Development Approvals are not approved by the City of Miami. the terms and agreements herein shall be null and void, and neither SIG nor the Neighbors shall have any continuing rights or obligations hereunder. 10. Dismissal of Pcndina I itiaation. Within five (5) days of obtaining final approval of the SIG Application by the City of Miami Commission and the expiration of all applicable appeal periods. SIG shall dismiss with prejudice the pending cases currently pending as Case No.: 2015-14688 CA 01 (25) and Case No.: 15-204 AP in the Circuit Court of the 11 `h Judicial Circuit in and for Miami -Dade County, Florida. 8 Settlement Agreement SIG Project Submitted into the publ' record for ite s) on \7 JI Li 1 . City Clerk 11. Permitting. Within ten (10) months of SIG obtaining final approval of the S1G Application by the City of Miami Commission and the expiration of all applicable appeal periods, SIG shall submit applications to the City of Miami for any Waivers. Warrants, or Historic Environmental Preservation Section approvals necessary for development of the SIG Property in accordance with this Agreement (the "initial Development Approvals"). Within six (6) months of obtaining final approval of the Initial Development Approvals and the expiration of all applicable appeal periods, SIG shall submit an application for building permit with the City of Miami for development of the SIG Property in accordance with this Declaration. Furthermore, upon issuance of the building permits for the development of the SIG Property, S1G shall diligently pursue the work to completion. Additionally, SIG shall use comtnercially reasonable efforts to pursue the initial Development Approvals and building permits for the SIG Property. The tcn (10) and six (6) months periods described herein may be extended for a reasonable period of time by mutual written agreement of SIG and a majority of the Neighbors provided that SIG continues to work in good faith to obtain the necessary Initial Development Approvals and building permits for development of the SIG Property. 12. force Majeure. Should SIG be prevented from performing any obligations herein (including complying with ten (10) and six (6) months periods described in Section I I herein) due to or resulting from a "Force Majeure" as defined in this Section. SIG shall be excused from performance (including complying with ten (10) and six (6) months periods described in Section 11 herein) for a period equal to the period of the delay occasioned by any Force Majeure. As used herein. "Force Majeure" shall mean an act of God which includes but is not limited to Settlement Agreement SIG Project Submitted into the publi record for ite (p Kit 30 on IL f 1 if . City Clerk sudden. unexpected or extraordinary forces of nature such as floods, washouts, storms. hurricanes. fires, earthquakes, landslides, epidemics. explosions or other forces of nature, strikes. lockouts, other industrial disturbances, wars, acts of public enemies, riots, military action, civil manufacturing and delivery delays and other causes reasonably beyond the control of the SIG. whether or not specifically enumerated herein. SIG shall notify the Neighbors in writing within ten (10) days of the commencement of the Force Majeure, and describing the nature of such Force Majeure and estimated period of time within which to cure said Force Majeure. 13. Jurisdiction. The Parties agree that the Circuit Court of the Eleventh Circuit of Miami -Dade County, Florida shall have exclusive jurisdiction over any disputes arising from. related to or connected with this Agreement: 14. I:nfirccment. Any violation or any breach of this Agreement may be remedied by any relief available at law or equity, including injunctive relief and/or damages, by any party to this Agreement. 15. Entire Agreement. This Agreement, including its recitals, conditions, releases and Exhibits contains all of the terms and conditions agreed upon by the Parties, relating to its subject matter, and supersedes any and all prior and contemporaneous agreements. negotiations, correspondence, understandings and communications of the Parties, whether oral or written, respecting the subject matter of this Agreement. 16. Amendment and Modification. This Agreement may be amended or modified only in writing signed by SIG, or its successors, and with the consent of two-thirds (2/3) of the Neighbors located on the south side of US-1 and within 500 feet of the SIG Property and 10 Settlement Agreement SIG Project Submitted into the publiA, 30 record for ite (s) on \1 1I 11 I City Clerk included with in the hatched area in Exhibit "E", attached hereto but excluding owners of any portion of Property. 17. Attorney,' Fees. Each party shall be responsible for their own attorneys' fees incurred in connection with this Agreement except as set forth herein. However, in the event of litigation between the Parties in connection with or pursuant to this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs at trial and at all levels of appeal. 18. Authorization. Each corporate and organizational signatory warrants that it has the right and authority to execute this Agreement and to receive the consideration therefore and that this Agreement is being entered into freely and voluntarily. 19. Notices. All communications concerning this Agreement shall be in writing by certified mail, return receipt requested or personal delivery and shall be addressed to the Parties and their representatives at the mailing addresses reflected at the time on the Miami -Dade County Property Appraiser's Office. 20. Signatures and Counterparts. This Agreement may be executed by the Parties in counterpart originals with the same force and effect as if fully and simultaneously executed as a single original document. Signatures transmitted by electronic mail (i.e.. PDF) shall be binding as if they were originals. The "Effective Date" of this Agreement shall he the date this Agreement has been executed by all Parties. Fully executed duplicate originals of this Agreement shall be distributed to the Parties. Settlement Agreement SIG Project Submitted into the publ},C�L 2 Q record f ite1 (s) �1 J on 1�14 11 City Clerk 21. Severabilit). If any section. part of section, paragraph, clause, phrase, or word of this Agreement is declared invalid, the remaining provisions of this Agreement shall not be affected. 22. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and to their respective successors and assigns. A copy of this Agreement and the executed Neighbor Covenant shall be furnished to the future homeowner's of the SIG Project at the time of sale. ]SIGNATURE PAGES TO FOLLOW] 12 Settlement Agreement SIG Project Submitted into the publi record forite (s �L. 30 on 17. /I LI II 1 City Clerk IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year set forth below. Print Name: DeVOY1 VIoKef5 STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE Southeastern Investment Group, Corp., a Florida corporation it By: L Its: - 1 1 • c , Dated: 11 v c --,- The foregoing instrument was acknowledged before me this t7 day of f)ckq�{ 20 17 by GIQX -r. Za k-kjij&. rep and who appeared before me, is personally known to me or producedflo &t ' iiee/ (.c(A,t_32 as identification, and did take an oath. NOTARY: , Print Name: •,Tak.QE-- 100k L0 Notary Public, State of Florida at Large My commission Expires: (Notarial Seal) :'+ ° ," JANET ROSILLO Notary Public - State of Florida Commissbn p GG 109252 My Comm. Expires Jun 6, 2021 13 Settlement Agreement SIG Project Witnesses: Print Name: �.irn/ b f i .0/40/jA 0 %1 Print Name: 13 Q-1 L- Cit.) t 1"i p►y STATE OF FLORIDA ) SS: COUNTY OF MIAM1-DADS Submitted into the pub` record fo it1�jn](s dr3(� on I I'1 / (� V . City Clerk Nei rs: Solares, an nd idual Mer edes Solares, an individual Address: 2940 S. Miami Avenue, Miami, Florida 33129 The foregoing instrument was acknowledged before me this /') duty of October, 2017 by Jose J. Solares and Mercedes Solares who appeared before me, is personally known to me or produced as identification, and did take an oath. My commission Expires: NOTARY: Print Name: Notary Public, State of Florida at Large (Notarial Seal) — — — — — — — ,,,,,,P4;•,- LINDA L. CARROLL Notary Public - State of Florida • E My Comm. Expires Jan 14, 2018 Commission # FF 055754 DDor ted rnrougn National Nary Aun. 14 Settlement Agreement SIG Project Wjtnesses: Pri ni Name L / 4. tI1. k 1 ('(lLt. ' f Submitted into the pubs record �for ite (s, )0 °n �City Clerk Luis Pail Robert'Ayona, an i d vidu-2l Print Name: _ �/��,Kr 1�D4r,Li Address: 2952 S. Miami Avenue, Miami, Florida 33129 STATE OF FLORIDA ) SS COUNTY OF MIANII-DADE The foregoing instrument was acknowledged before me this —�-1day of October, 2017 by Luis Paillot and Robert Ayona who appeared before me, is pnally known to me or produced as identification, and did take an My commission Expires: c(/4(-2-011 NOTARY: Print Name: UF)1,-r' �S ► ei,, P n ui'� Notary Public, State of I' \orida at Large (Notarial Seal) 15 Settlement Agreement SIG Project Witnesses: STATE OF FLORIDA ) SS: COUNTY OF MIAM1-DADE Submitted into the pub record fo it s) �, 3� on 1t City Clerk Ariel J. Guitian, an individual Carmen Guitian, an individual Address: 30 SW 30 Road, Miami, Florida 33129 t. The foregoing instrument was acknowledged before me this day of October, 2017 by Ariel J. Guitian and Carmen Guitian who appeared before me, is personally known to me or produced _ as identification, and did take an oath. My commission Expires: NOTAR Print Name: Notary Public, St (Notarial Seal) f I. i•• 1 are ""',, LINDA L. CARROLL ;+Qkopr��`�'; Notary Public - State of Florida My Comm. Expires Jan 14, 2018 Commission # FF 055754 Bonded Through National Nolary Assn. 16 Submitted into the public record fo itet (s 3 , 0 on It, �I City Clerk Settlement Agreement SIG Project Witnesses: 1 i. 2 .�) CSC,; i; �� By: > /- 4 / / ; 7 % Pedro Pablo Puerto, as Trustee for Pedro Pablo Print Dime: �- j N L <_%'C'-- Puerto Revocable Trust �_..t,.. `'" Address: 40 SW 30 Road, Miami, Florida 33129 Print Name:-k'A,q \)1/4Ava4\Lk STATE OF FLORIDA 1 P c: L,LJCcAL COUNTY OF M ) SS: The foregoing instrument was acknowledged before me this day of �46-e (L , 2017 by Pedro Pablo Puerto as Trustee for the Pedro Pablo Revocable Trust who appeared before me, is personally known to me or produced li >( e6„3c,' - ("A. 5 `1. -3YasO identification, and did take an oath. Abl-fmt / I tv < ! v, c I U/ Q' €'%) l 124712 I � ua� r?, 201 Z My commission Expires: NOtARY: Print Name: )%. jye Notary Public, State of Florida at Large (Notarial Seal) — — — KEAN MEANER Notary Politic • iUh d Florida ) My Comm. Wins boa 17, 20U Commission i FF 104331 Bonded Pm* Mont NAty fir. l7 Settlement Agreement SIG Project Witnesses: Print Name: Print Name: issa So STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE Submitted into the publi record fo ite� (s �' 1,, 'jd on \t / I y I l City Clerk William Thoma�,amp. , all individual Jess l a Lynn Lamp'1, an ividual Ad: ess: 31 SW 30 Road, Miami, Florida 33129 The foregoing instrument was acknowledged before me this (T"day of October, 2017 by William I,amp'I and Jessica ! amp I who appeared before me, is personally known to me or produced &A Z efts identification, and did take an oath. My commission Expires: NOTARY: Print Name: wvicv Notary Public, State of Florida at Large (Notarial Seal) -- — —-- .i�vn JANETAOSILLO Notary Public —State of Florida Commission t GG 109252 -', �'�n• ,,:' My Comm. Expires Jun 6.2021 18 Settlement Agreement SIG Project Witnesses: rint Name: �! Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) SS: ) Submitted into the publj record f iter s �, on It I n . City Clerk Gracicla Wares, an individual Address: 60 SW 30 Road, Miami, Florida 33129 The foregoing instrument was acknowledged before me this J'f day of October, 2017 by Gracicla Solares who appeared before me, is personally known to me or produced as identification, and did take an oath. My commission Expires: NOTARY: Print Name: Notary Public, State of Florida at Large (Notarial Seal) ,.N.�,lin ; LINDA L. CARROLL fi ; Notary Public - State of Florida o` My Comm. Expires Jan 14, 2018 „.i, Commission k FF 055754 o, « Bonded 'Through Natrona Notary Assn ossPsys 20 Settlement Agreement SIG Project EXHIBIT "A" SIG PROPERTY LEGAL DESCRIPTION PROPERTY ADDRESS #1: 2960 SOUTH FEDERAL HIGHWAY, MIAMI, FL 3312.9-3732 LEGAL DESCRIPTION: LOT 1, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORDA PROPERTY ADDRESS #2: 2940 SOUTH FEDERAL HIGHWAY, M'AML, FL. 33129-3712 LEGAL DESCRIPTION: LOT 2, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 800K 69, PAGE 67, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA_ PROPERTY ADDRESS #3: 2920 SOUTH FEDERAL HIGHWAY. MIAMI. FL, 3312.9-3732 LEGAL DESCRIPTION: LOT 3, OF EKMAT SUBDIVISION, ACCORDING r0 THE PLAT RECORDED N PLAT 8001. 69, ?AGE 87, OF THE PUBLIC MIAMI-DADE COUNTY, FLORIDA. PROPERTY ADDRESS #4: 2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL. 33129-3732 LEGAL DESCRIPTION: LOT 4, OF EKMAT SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Submitted into the pub ' record for itel ( , 30 on 1Z (. 1 4 �. City Clerk PROPERTY ADDRESS #5: 2890 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732 FOLIO: 01- 4139 -003- 0070 LEGAL DESCRIPTION: LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND T-IE FOLLOWING DESCRIBED PORTION OF LOT 22. TO WIT. FOR A POINT OF BEGINNING, COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 22; THENCE RUN WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 22 A DISTANCE OF 5 FEET; THENCE RUN SOUTHERLY AND PARAL_EL TO THE EASTERLY UNE OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY UNE OF SAID LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF BEGINNING, OF RESUBDIVISION OF BLOCKS 61 AND 82 OF FLAGLER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE 73, OF THE PUBLIC RECORDS OF MIAM -DADE COUNTY, FLORIDA. PROPERTY ADDRESS #6: 2900 SOUTH FEDERAL HIGHWAY, AMI, FL 33129-3732 FOLIC,01-4139-0O3-0060 THEREOF, AS RECORDS Cr LEGAL DESCRIPTION: LOT 2C, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND THE FOLLOWING DESCRIBED PORTION OF LOT 22, TO YAT: FOR A POINT OF BEGINNING, COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 22; THENCE RUN WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 22 A DISTANCE OF 5 FEET; THENCE RUN SOUTHERLY AND PARALLEL TO THE EASTERLY LINE OF SAID LOT 22 TO THE POINT OF INTERSECTON OF THE SOUTHERLY UNE OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY UNE OF SAID LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF BEGNNING. OF RESUBDIVISIDN OF BLOCKS 61 AND 62 OF FLAGLER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE 73, OF THE PUBLIC RECORDS OF MIAMI-DA.OE COUNTY, I LORIDA. PROPERTY IS VACANT LAND, ADJACENT TO VACANT LAND AND NOT HOMESTEAD PROPERTY OF GRANTOR. 21 Settlement Agreement SIG Project EXHIBIT "13" SR; CoVENAN'I' Submitted into the pubycl record f r °n I I City Clerk Submitted into the pub record f%%1-� ite s on This instrument wrs prepared by and after recordation return to : Name: Jorge I_. Navarro, Esc Address: (Iiarlr'ig 333 SE 2" A nut. '"I floor Miam:, Fl. 33131 30 City Clerk (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") is made this Iay of October, 2017, by SOUTHEASTERN INVESTMENT GROUP CORPORATION (hereinafter the "Owner"), a Florida limited liability company, its successors and/or assigns. in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter the "CITY"). RECITALS WHEREAS, the Owner owns the parcels of land located at 2900 S. Miami Ave and 2890, 2900. 2920, 2940 & 2960 S. Federal Highway in Miami. Florida, as more particularly described in EXI11131"1 A attached hereto (the "Property"); and WHEREAS, the Owner filed applications for a: (a) Comprehensive Plan amendment to re -designate the Property from "Single Family Residential" to "Duplex Residential" on the City's Future Land Use Map (FLLTM); and (2) Rezoning of the Property from T3-RLNCD-3 to the T3-O/NCD-3 Transect Zone on the Citv's Zoning Atlas, in order to permit the development of a residential project on the Property (collectively the "Application"); and WHEREAS, the Owner seeks to submit a recordable agreement guaranteeing the development of the Property in substantial conformance with the assurances made in this Declaration. Submitted into the pubk4 record fir itgm(s) YY , on I, Y14 i i 1 City Clerk NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall he deemed to be 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 set forth above are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Owner hereby makes the following voluntary declarations running with the land concerning the Property: A. Site Plan. Contingent upon approval through the zoning and building permit process, the use of the Property shall be established and maintained in substantial conformity with that certain site plan entitled "South Federal Hwy. Parcel," as prepared by Borges Architects + Associates dated July 20, 2017 (the "Site Plan") attached hereto as EXHIBIT B, with such modifications to the Site Plan that are determined by the City to comply with Section 7.1.3.5 of Miami 21, The Site Plan sets forth that the total number of residential units shall not exceed the 17 residential units proposed for the Property as depicted in the Exhibits of this Declaration. The Owner acknowledges that the future development of the Property shall require detailed site plan approvals by the City which will determine, among other things, the exact location, distribution. and orientation of the residential units to be located on the Property, as well as. other requirements for compliance with all applicable departments/agencies/overlays as part of the City of Miami building permit submittal process including but not limited to: EP- 46 (Environmental Preservation 46) designation, Transportation Scenic Corridor Submitted into the pubic record fqr iteim(s) V Z.30 on 1�,I i�� (I1 City Clerk designation, Environmental Resources, Historic Preservation Section. Land Use, Zoning, Building, Fire and Public Works. Owner will submit detailed plans consistent with this Declaration to the City and seek approval of said plans through the ordinary municipal procedures. B. Permitted t tics. The uses on the Property shall be limited to residential uses. Notwithstanding the rezoning of the Property to the T3-0 Transect Zone, the following uses shall not be permitted any commercial uses, lodging and/or educational uses as defined in Section 1.1 and Article 4. Table 3 of the Miami 21 Zoning Code. C. Residential I)ensit\. Notwithstanding the rezoning of the Property to the T3-0 Transeci Zone, the maximum number of dwelling units permitted on the Property shall be seventeen (171 units. D. Single family Residence. Notwithstanding the rezoning of the Property to T3-O. the development of the Property shall include a minimum 5,000 square foot lot at the intersection of US-1 and SW 301' Road which shall be reserved in perpetuity for the use, design and development of a single family residence as reflected in the Site Plan (the "Single Family Lot'). In no event shall said Single Family Lot be constructed with any non T3-R permitted structure. Setback,,Notwithstanding anything to the contrary. the residential units that abut the rear yard of the existing single family home located on Lot 13 according to the plat recorded in Plat Book 42. Page 73, of the Public Records of Miami -Dade County, Florida (identified by Folio No. 01-4139-003-0030) shall be constructed with a minimum rear setback of 25 feet as reflected in the Site Plan. Submitted into the publicl record for iter s) VZ, ,� 0 on Ili / N i . City Clerk F, Access. The two-family residences proposed for the Property shall be served by rear vehicular access, subject to the approval of said access driveway by all applicable government agencies and departments. Vehicular access along SW 30th Road shall be limited to a single curb cut with ingress only. Notwithstanding the foregoing. the Property may also have curb cuts to permit vehicular ingress and egress along both the US-1 and South Miami frontages. However, the ingress and egress along South Miami Avenue shall be limited to right -turn -in and right - turn -out only. Additionally. in no event shall a curb cut or access be permitted along the US-1 frontage within 200 feet of SW 30th Road. G I andscapc hullers The Owner agrees to provide an opaque landscape buffer along the rear (South) property line to further screen the residential units on the Property from the view of the abutting residences. Specifically. Owner shall install a 12 foot hedge along the Southern boundary of the Property pursuant to Miami 21. Additionally, Owner shall install, at Owner's sole cost and expense, an aluminum post fence along the southern boundary of the SIG Property at a height pursuant to Miami 2l; provided however not to exceed eight (8) feet in height. The hedge and aluminum fence described herein shall be maintained in good condition by the Homeowner's Association or other entity created for the governance of the Property. H, Aichit.ctural Style. The architecture of the proposed residential units at the Property will include warm facade materials such as hard woods, stone veneers and specialty metals of quality. Overall building envelope will be finished with smooth stucco and a palette of at least 4 color options will be provided to the Submitted into the pu rr_ record f ter� (s) on tti �'j in . City Clerk future owners of the residential units at the Property to guide the coloration of facades and limit the variations in color to a palette of whites, soft beige and other warm tones. Mechanical equipment shall be installed on roof tops and screened. Section 3. 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 such recordation. after which time they shall be extended automatically for successive periods of ten (10) years. This instrument shall constitute a covenant running with the land and title to the Property, which shall be binding upon Owners, their heirs, vendees, successors and assigns. Section 4. Amendment and Modification. This Declaration may not be modified, amended, or released as to any portion of the Property by a subsequent written instrument executed by the then Owners of the fee -simple title to the Property to be affected by such modification, amendment or release unless said modification. amendment or release has been approved by the Miami City Commission with the notice and procedural requirements for advertisements and public hearings in effect under the City Code at such time. All costs related to said modification, amendment or release shall be at the sole expense of the Owner. Any modification. amendment or release shall be subject to the approval of the City Attorney as to legal form. Section 5. 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 building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. The preceding section shall not apply Y (,Submitted into the pubkc, L 311 reon ord AL J on 1 (� / I . City Clerk in any action or suit against the City of Miami. This enforcement provision shall be in addition to any other remedies available under the law Section 6. Permitting. Within ten (10) months of Owner obtaining final approval of the Application and the expiration of all applicable appeal periods, SIG shall submit applications to the City of Miami for any Waivers. Warrants, or I-Iistoric Environmental Preservation Section approvals necessary for development of the Property in accordance with this Declaration (the "Initial Development Approvals"). Within six (6) months of obtaining final approval of the Initial Development Approvals and the expiration of all applicable appeal periods, SIG shall submit an application for building permit with the City of Miami for development of the Property in accordance with this Declaration. Furthermore, upon issuance of the building permits for the development of the Property, the Owner shall diligently pursue the work to completion. Additionally. SIG shall use commercially reasonable efforts to pursue the Initial Development Approvals and building permits for the Property. If such applications for Initial Development Approvals and building permits are not submitted within the time periods provided in this Section, then the Owner agrees that the City shall revert the FLUM to "Single Family Residential" and rezone the Property to the T3-RNCD-3 Transect Zone on the City's Zoning Atlas. Section 7. Force Majeure. Should Owner be prevented from performing any obligations herein (including complying with ten (10) and six (6) months periods described in Section 6 herein) due to or resulting from a "Force Majeure" as defined in this Section, Owner shall be excused from performance (including complying with ten (10) and six (6) months periods described in Section 6 herein) for a period equal to the period of the delay occasioned by any Force Majeure. As used herein, "Force Majeure" shall mean an act of God which includes Submitted into the pubijc record foy iterp(s) Y 7,1 oo on it 114 11 1 . City Clerk but is not limited to sudden, unexpected or extraordinary forces of nature such as floods. washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other forces of nature, strikes, lockouts, other industrial disturbances, wars, acts of public enemies. riots, military action, civil manufacturing and delivery delays and other causes reasonably beyond the control of the Owner, whether or not specifically enumerated herein. Section H. Severability. Invalidation of any one of the covenants in this Declaration 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 recorded in the Public Records of Miami -Dade County at the Owners' expense. [SIGNATURE PAGES TO FOLLOW] Witnesses: Pri Signature Dwo►n vie Ke1 Print Name STATE OF FLORIDA Submitted into the publi record fo ite (s) � f? , 3d on UJ (1 v (11 . City Clerk SOUTHEASTERN INVESTMENT CROUP CORPORATION By: `i (..tk_L ' Name: ':;) ILL-X 1 .l F1 Kl t tt i<1 H MO Title: C - COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by Q(Q)JC ¶ .20134D W(! s President of Southeastern Investment Group Corporation; a Florida corporation. He is O personally known to me or 'lr;as produccd`:107'IctI.1A046 t4(,C114- as identification. Witness my signature and official seal thiseaay of OaDbr2017, in the County and State aforesaid. Notary Public State of \ b[ -Taut- My Commission Expires: Print Name JANET ROSILLO Notary Public - State of Florida Commission 4 GG 109252 My Comm. Expires Jun 6.2021 EXHIBIT "A" PROPERTY ADDRESS #1: 2960 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732 LEGAL DESCRIPTION: LOT 1, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBLIC RECORDS MIAMI-DADE COUNTY, FLORIDA. AS OF PROPERTY ADDRESS #2: 2940 SOUTH FEDERAL HIGHWAY, MIAMI, FL. 33129-3/32 LEGAL DESCRIPTION: LOT 2, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 69, PACE 87. OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PROPERTY ADDRESS #3: 2920 SOUTH FEDERAL HIGHWAY, MIAMI. FL. 33129-3732 LEGAL DESCRIPTION: LOT 3, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBUC RECORDS MIAMI-DADE COUNTY, FLORIDA. PROPERTY ADDRESS #4: 2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732 LEGAL DESCRIPTION: LOT 4, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBUC RECORDS MIAMI-DADE COUNTY, FLORIDA. A$ OF AS OF Submitted into the pub record on 1L1 i e ly/ 11 . PROPERTY ADDRESS #5: 2690 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732 FOLI0:01-4139-003-0070 D City Clerk LEGAL DESCRIPTION: LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND THE FOLLOWING DESCRIBED PORTION OF LOT 22, TO WT. FOR A POINT OF BEGINNING, COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 22: 'HENCE RUN WESTERLY ALONG THE NORTHERLY UNE OF SAID LOT 22 A DISTANCE OF 5 FEET, THENCE RUN SOUTHERLY AND PARALLEL TO THE EASTERLY UNE OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY UNE OF SAID LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF BEGINNING. OF RESuBDIVISION OF BLOCKS 61 AND 62 OF FLAOLER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PACE 73. OF THE PUBUC RECORDS OF MIAMI-DALE COUNTY, FLORIDA. PROPERTY ADDRESS #6: 2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732 MUD. 01-4139-003-0060 LEGAL DESCRIPTION: LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND 14E FOLLOWING DESCRIBED PORTION OF LOT 22, TO WIT: FOR A POINT OF BEGINNING, COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 22; THENCE RUN WESTERLY ALONG THE NORTHERLY UNE OF SAID LOT 22 A DISTANCE OF 5 FEET; THENCE RUN SOUTHERLY AM) PARALLEL TO THE EASTERLY UNE OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY UNE OF LOT 22, THENCE RUN EASTERLY ALONG THE SOUTHERLY UNE OF SAID LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF BEGINNING, OF RESUBDIVISION OF BLOCKS 61 AND 62 OF FLAMER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE 73, CF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA PROPERTY IS VACANT LAND, ADJACENT TO VACANT LAND AND NOT HOMESTEAD PROPERTY OF GRANTOR. Submitted into the public record fo itcSyVL, 30 on �1 fC71)I 1 . City Clerk EXHIBIT "B" CONCEPTUAL SITE PLAN 4.14wbw. a r WO wit Ka oat. ada avo. Y ■n■agramar1 4G33 l awes Immo wawa AAR* ■Itt Submitted into the publi record for item (s) Z on I tt i item(s) . City Clerk iGa :at ..N Amp tat 4AD 4+. SOX • 1.1111 Opt 41,15 4fe< Slm 44 ■ 1t■■ �tl SIN 447 Sa1I USN L1 teal:' 100. au 3I • Seat Vona .]t:h la a Ma ww• Fhfay' t.t Oar war, .R 'ww vsw, kll a, aa.p+ 1Pssa ea wee. PRIMARY FRONTAGE sour FEDERAL HIGHWAY rw oiiww .r.0.a NM :..... n++ me. in,.o' r. .... m..� �.�..,. 'bad, aaa. .w mom. 1r..... SOUTH FEDERAL HWY. PARCEL ZONING CONCEPT 7MC10Ut✓1®®1Y masa+ Wait Pt a _ I. . . _e n SITE DIAGRAM borges Settlement Agreement SIG Project EXHIBIT "C" SIG PROJECT CONCEPT PLAN Submitted into the public record f9r it m(s) VZ. 30 on 1 /, 1 1 11 City Clerk QpIM /..INN Moe b.mntfa.Cll wl te4�� nk a\.eown 1.4.+9410Taw Intn �••F..a� ,tea eo. +r +rc .0100, 41 nmel a 04,00 a AAV- 1.1$ lt'! 41.1 s sleet .041,1101.4 AAA 0.1t 1411. roA amid r view. lml.� m' • WNW. iv I mom. i� p.mmeow= gi.._._ SOX& gm:...ow ..miw,. SOUTH FEDERAL HWY. PARCEL ZONING CONCEPT MOSOUNITDEP.4 lrimelY u.aa 8 8 • jfiR.a eta :u a' )411a41I1 Vtlatt PRIMARY FRONTAGE spurn PtptRai Nlokwas wo..+ r. lie a •• M Submitted into the pub record for, ite on min :imIlitpn Ita1.11111.1 I,ia 412) aao }a111 taC LUC +MN Tr;:r STYE DIAGRAM SCAL n ti City Clerk 11 ler aM-It3O17 borge5 . • Settlement Agreement SIG Project EXHIBIT "D" NEIGHBOR COVENANT Submitted into the publ}c record1�.1 Iy e��) on I City Clerk This instrument was prepared by and after recordation return to : Name: Jorge L. Navarro, Esq. Address: Greenberg Inning 333 SE 2`d Avenue, 2' 1 Floor Miami, FL 33131 Submitted into the public? 2 record f r it9m s) �J (� • J on 11, l i g 11.1 . City Clerk (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") is made this '4kday of W , 2017, by SOUTHEASTERN INVESTMENT GROUP CORPORATION (hereinafter the "Owner"), a Florida limited liability company, its successors and/or assigns, in favor of the NEIGHBORS as further defined in Section 8 below. RECITALS WHEREAS, the Owner owns the parcels of land located at 2900 S. Miami Ave and 2890, 2900, 2920, 2940 & 2960 S. Federal Highway in Miami, Florida, as more particularly described in EXHIBIT A attached hereto (the "Property"); and WHEREAS, the Owner filed applications for a: (a) Comprehensive Plan amendment to re -designate the Property from "Single Family Residential" to "Duplex Residential" on the City's Future Land Use Map (FLUM); and (2) Rezoning of the Property from T3-R/NCD-3 to the T3-O/NCD-3 Transect Zone on the City's Zoning Atlas, in order to permit the development of a residential project on the Property (collectively the "Application"); and WHEREAS, the Owner and Neighbors have entered into that certain Settlement Agreement dated October 2017 relating to the Application and future redevelopment of the Property; and MIA 186124303v1 Submitted into the pub c record f itqm(s) Y ?. 3o on ‘1,�1i in City Clerk WHEREAS, the Owner seeks to submit a recordable agreement guaranteeing the development of the Property in substantial conformance with the assurances made in this 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 to be 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 set forth above are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Owner hereby makes the following voluntary declarations running with the land concerning the Property: A. Site Plan. Contingent upon approval through the zoning and building permit process, the use of the Property shall be established and maintained in substantial conformity with that certain site plan entitled "South Federal Hwy. Parcel," as prepared by Borges Architects + Associates dated July 20, 2017 (the "Site Plan") attached hereto as EXHIBIT B, with such modifications to the Site Plan that are determined by the City to comply with Section 7.1.3.5.c.1, 2, or 5 of Miami 21 (the "Minor Modifications"). In the event that the Owner. and/or its successors or assigns, seeks to proceed with a modification to the Site Plan that does not comply with Section 7.1.3.5.c.1, 2, or 5 (the "Non -Minor Modifications"), then such Non -Minor Modifications shall be submitted to the Neighbors for review and consideration. Owner acknowledges that the Neighbors retain their rights to object to any Non -Minor Modifications that materially MIA 186124303v1 Submitted into the public record f r it s) Y Z, 150 on 0, IIt1mf City Clerk deviate from the requirements set forth in Section 2(B) through 2(G) of this Declaration. The Site Plan sets forth that the total number of residential units shall not exceed the 17 residential units proposed for the Property as depicted in the Exhibits of this Declaration. The Owner acknowledges that the future development of the Property shall require detailed site plan approvals by the City which will determine, among other things, the exact location, distribution, and orientation of the residential units to be located on the Property, as well as, other requirements for compliance with all applicable departments/agencies/overlays as part of the City of Miami building permit submittal process including but not limited to: EP-46 (Environmental Preservation 46) designation, Transportation Scenic Corridor designation, Environmental Resources, Historic Preservation Section, Land Use, Zoning, Building, Fire and Public Works. Owner will submit detailed plans consistent with this Declaration to the City and seek approval of said plans through the ordinary municipal procedures with written notice of said submittals to the Neighbors. The approved Site Plan shall be recorded by the Owner in the public records of Miami -Dade County, Florida and shall be made an addendum to this Declaration. B. 1'crniittcd Uses. The uses on the Property shall be limited to residential uses. Notwithstanding the rezoning of the Property to the T3-O Transect Zone, the following uses shall not be permitted: any commercial uses, lodging and/or educational uses as defined in Section 1.1 and Article 4, Table 3 of the Miami 21 Zoning Code. MIA 186124303v1 Submitted into the pub 'e record f Iiie ) L, 30 on I L / 1 I City Clerk C. Residential Density. Notwithstanding the rezoning of the Property to the T3-O Transect Zone, the maximum number of dwelling units permitted on the Property shall be seventeen (17) units. D. Single Family Residence. Notwithstanding the rezoning of the Property to T3-O, the development of the Property shall include a minimum 5,000 square foot lot at the intersection of US-1 and SW 30th Road which shall be reserved solely for the use, design and development of a single family residence as reflected in the Site Plan (the "Single Family Lot"). In no event shall said Single Family Lot be constructed with any non T3-R permitted structure. E. Access. The two-family residences proposed for the Property shall be served by rear vehicular access, subject to the approval of said access driveway by all applicable government agencies and departments. Vehicular access along SW 30th Road shall be limited to a single curb cut with ingress only. Notwithstanding the foregoing, the Property may also have curb cuts to permit vehicular ingress and egress only by right turn in and right turn out along both the US-1 and South Miami frontages. Additionally, in no event shall a curb cut or access be permitted along the US-1 frontage within 200 feet of SW 30th Road. Setbacks. Notwithstanding anything to the contrary, the residential units that abut the rear yard of the existing single family home located on Lot 13 according to F. the plat recorded in Plat Book 42, Page 73, of the Public Records of Miami - Dade MIA 186124303v1 Submitted into the publ�c record fpr it m(s) 7, on 11, /14 /1 7 City Clerk County, Florida (identified by Folio No. 01-4139-003-0030) shall be constructed with a minimum rear setback of 25 feet as reflected in the Site Plan. G. Landscape 13ufiers. The Owner agrees to provide an opaque landscape buffer along the rear (South) property line to further screen the residential units on the Property from the view of the abutting residences. Specifically. Owner shall install a 12 foot hedge along the Southern boundary of the Property pursuant to Miami 21. Additionally, Owner shall install, at Owner's sole cost and expense, an aluminum post fence along the southern boundary of the SIG Property at a height of eight (8) feet. If said height is not approved, then the Owner shall build a six (6) foot fence. The hedge and aluminum fence described herein shall be maintained in good condition by the Homeowner's Association or other entity created for the governance of the Property. H. Architectural Style. The architecture of the proposed residential units at the Property will include warm facade materials such as hard woods, stone veneers and/or specialty metals of quality. Overall building envelope will be finished with smooth stucco and a palette of at least four (4) color options which will be provided to the future owners of the residential units at the Property to guide the coloration of facades and limit the variations in color to a palette of whites, soft beige and other warm tones. Mechanical equipment shall be installed on roof tops and screened. Section 3. 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 such recordation, after which time they MIA 186124303v1 Submitted into the publ crec�� onoTdIL�rILj / 1 . Y y Cit Clerk shall be extended automatically for successive periods of ten (10) years. This instrument shall constitute a covenant running with the land and title to the Property, which shall be binding upon Owners, their heirs, vendees, successors and assigns. Section 4. Amendment and Modification. Owner agrees not to file an application to modify, amend or release this Declaration as to any portion of the Property unless such modification, amendment or release has been approved by two-thirds (2/3) of the residents located on the south side of US-1 within 500 feet of the Property and included within the hatched area in EXHIBIT C (the "Neighbors") but excluding owners of any portion of Property. Section 5. Inspection and Enforcement. An enforcement action may be brought by the Neighbors 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 building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. Section 6. Permitting. Within ten (10) months of Owner obtaining final approval of the Application and the expiration of all applicable appeal periods, Owner shall submit applications to the City of Miami for any Waivers, Warrants, or Historic Environmental Preservation Section approvals necessary for development of the Property in accordance with this Declaration (the "Initial Development Approvals"). Within six (6) months of obtaining final approval of the Initial Development Approvals and the expiration of all applicable appeal periods, Owner shall submit an application for building permit with the City of Miami for development of the Property in accordance with this Declaration. Furthermore, upon issuance of the building permits for the development of the Property, Owner shall diligently pursue the work MIA 186124303v1 Submitted into the public L, record f r ite (s) on \t 111 ( . City Clerk to completion. Additionally, Owner shall use commercially reasonable efforts to pursue the Initial Development Approvals and building permits for the Property. The ten (10) and six (6) month periods described herein may be extended for a reasonable period of time by mutual written agreement of Owner and a majority of the Neighbors provided that Owner continues to work in good faith to obtain the necessary Initial Development Approvals and building permits for development of the Property. Section 7. Force Majeure. Should Owner be prevented from performing any obligations herein (including complying with ten (10) and six (6) months periods described in Section 6 herein) due to or resulting from a "Force Majeure" as defined in this Section, Owner shall be excused from performance (including complying with ten (10) and six (6) months periods described in Section 6 herein) for a period equal to the period of the delay occasioned by any Force Majeure. As used herein, "Force Majeure" shall mean an act of God which includes but is not limited to sudden, unexpected or extraordinary forces of nature such as floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other forces of nature, strikes, lockouts, other industrial disturbances, wars, acts of public enemies, riots, military action, civil manufacturing and delivery delays and other causes reasonably beyond the control of the Owner, whether or not specifically enumerated herein. Owner shall notify the Neighbors in writing within ten (10) days of the commencement of the Force Majeure, and describing the nature of such Force Majeure and estimated period of time within which to cure said Force Majeure. Section 8. Neighbors. For purposes of this Declaration, the "Neighbors" as defined herein shall include the following parties: Jose J. and Mercedes Solares residing at 2940 S. Miami Avenue, Miami, Florida 33129; Luis Paillot and Robert Ayona residing at 2952 S. Miami MIA 186124303v1 Submitted into the publi�� 30,record fqr it° (s) L. on '1/ 114 City Clerk Avenue, Miami, Florida 33129; Ariel J. and Carmen Guitian residing at 30 SW 30 Road, Miami, Florida 33129; Pedro Pablo Puerto, as trustees for Pedro Pablo Puerto Revocable Trust, residing at 40 SW 30 Road, Miami, Florida 33129; William Thomas Lamp'l and Jessica Lynn Lamp'l residing at 31 SW 30 Road, Miami, Florida 33129; and Graciela Solares residing at 60 SW 30 Road, Miami, Florida 33129. Section 9. Severability. Invalidation of any one of the covenants in this Declaration by judgment of Court shall not affect any of the ocher provisions of the Declaration, which shall remain in full force and effect. Section 10. Recording. This Declaration shall be recorded in the Public Records of Miami -Dade County at the Owners' expense within five (5) days of obtaining final, non - appealable approval of the Application by the City of Miami Commission. [Signature Pages to Follow] Submitted into the publ' record fo ite s �Z, 3b on it Ti City Clerk IN WITNESS WHEREOF, the Parties hereto have caused this Declaration to be executed by their respective officials as of the day and year above written. 7 eG(/1009-kW ouon v_ icy .eX Print Name SOUTHEASTERN INVESTMENT GROUP CORPORATION By: Name: lE.x KHra14 0 Title: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by a lsix • ZA0 1fl4) t as President _ of Southeastern vestment Cirqup �Corpo� ��a Florida corporation. He is C personally known to me or has produced te'It b'('t I-1Q� identification. Witness my signature and official seal this r( 'd-ay of a t0 2017, in the County and State aforesaid. My Commission Expires: JANET POSILLO Notary Public - State of Florida Commission a GG 109252 My Comm. Expires Jun 6, 2021 Notary Public State of .C6n4161' 9.&sa Coitl,o Print Name MIA 186124303v1 EXHIBIT "A" PROPERTY ADDRESS #1: 2960 SOUTH FEDERAL HIGHWAY, MIAMI. FL. .1.3129-3732 LEGAL DESCRIPTION: LOT 1, OF EXMAT SUBDIVISION, ACCORCING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 69, PACE 87 OF TI•E PUBLIC RECORDS OF MIAMI-LADE COUNTY, FLORIDA. PROPERTY ADDRESS #2: 2940 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732 LEGAL DESCRIPTION: LOT 2, OF EKMAT SUBDIVISION, ACCORD NC TD THE FLAT THEREOF, AS RECORDED IN PLAT B00K 69, PAGE 67. OF THE PUbUC RECORDS OF MIAMI-C ADE COUNTY, FLORIDA. PROPERTY ADDRESS #3: 2920 SOUTH FEDERAL HIGHWAY, MIAMI. FL. 33129-3732 LEGAL DESCRIPTION: LOT 3, OF EKMAT SUBDINSION, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 69, PAGE 97, CF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PROPERTY ADDRESS #4: 2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732 LEGAL DESCRIPTION: LOT 4, OF EKMAT SUBDIVISION. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Submitted into the pub e„ 3. recordt 1 (te7( L. on 1. HV1 • City Clerk PROPERTY ADDRESS #5: 2690 SOUTH FEDERAL HIGHWAY MIAM, FL 33129-3732 FOU0; 01-4139-003-0070 LEGAL DESCRIPTION; LOT 20, LESS THE NORTHEASTERLY 5 Fa THEREOF, ALL OF LOT 21, AND 11-E FOLLOWING DESCRIBED PORTION OF LOT 22, TO VAT. FOR A POINT OF BEGINNING, COMMENCE AT 1hE NORTHEASTERLY CORNER OF LOT 22; THENCE RUN ;WESTERLY ALONG THE NORTHERLY UNE OF SAID LOT 22 A DISTANCE OF 5 FEET; THENCE RUN SOUTHERLY AND PARALLEL TC THE EASTERLY UNE OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY UNE OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLI UNE OF SAID LOT 22 TO THE SOUTHEASTERLY CORNER of SAID LOT 22 TO THE POINT OF BEGINNING, OF RESUBOINSION OF BLOCKS 61 AND 62 GE FLAGLER. ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 42. PAGE 73, OF THE PUIUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA PROPERTY ADDRESS #6: 2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732 FOU 0: 01-4139-003-0060 LEGAL DESCRIPTION: LOT 20, LESS THE NORTHEASTERLY 5 FEET 'HEREOF, ALL OF LOT 21, AND THE FOLLOWING DESCRIBED PORTION OF LOT 22. TO WIT: FOR A POINT OF BEGINNING, COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 22; THENCE RUN WESTERLY ALONG THE NORTHERLY UNE OF SAID LOT 22 A DISTANCE OF 5 FEET; THENCE RUN SOUTHERLY AND PARALLEL TO THE EASTERLY UNE OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY IINE OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY UNE OF SAID LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF BEGINNING, OF RESUBDIVISION OF BLOCKS 61 AND 62 OF FLAGLER, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT 13001( 42, PAGE 73, OF THE PUBLIC RECORDS OF MIAMI-DALE COUNTY, FLORIDA. PROPERTY IS VACANT LAND. ADJACENT TO VACANT LAND AND NOT HCANESTEAD PROPERTY OF GRANTOR. Submitted into the pubkg record fo ite s LA �jO on i 7,111 /�1 . City Clerk EXHIBIT "B" CONCEPTUAL SITE PLAN ,a.Lw.7..og 145741 7.71.s.. iw.Mw op A nap" A...YW.../awl A Oft Ya... 4 ..11p1N11v 1111.....o. WWI .01 1tm ..R ••R 1A 41. W. 41 min r 1Wit ! rnn 2 01r.. MwanatP•4.xRmoan 11+•'••Y...a. Ptwu. ..... III W rr. .2 roar.. ••Ow /...• w� w .I 4l�.r...w. ytmM Nary tlaw.. .R�.ar iv row any �I. Y•n. .r.r.a sm•. u mom YrYF. .a1.A1 ..y.11.. MU ...ZL.Yr ..�•1 ,. 4V.t.M� avrw��wwVw &=a.t ay.r n.a aLVIM� .N WI... ..&Zsr.rC..M.. wL. 10.111..r/tras it wra....r ro.rr., a x. r�rw., arw�.t iww, Y.r.at SM...% MM. MrrrWIIIIIIMIIIIEM KIIICMIMESIMIEMI OL•Tl! INIF © as OIMEI01CIIIMME1♦ .1t1 orr. -4 Mi+-1MIe; M E>• : lamosummout locos .14 PRIMARY FRONTAGE SOUTH ftDE A4 Hl6HWA► Submitted into the pub record for itern(s) on '. 1... tram. P4 AM &Mach nn A h t4PR 4G �i2^�hl+mn 1011710RIII me *sans Padwmom Mot * rbn :at z&, - a. 101 SOUTH FEDERAL HWY. PARCEL zC1.Nc COPC8 r 7t!W(..R'AwMOM* M11..l i w eake r&' 0 r.r MPA w▪ 1IV oPIE w r. SITE DIAGRAM SCALE_ —at.s. OS-2$-2012 EXHIBIT C NEIGHBOR MAP I),ti" Pik \ • \ O. Submitted into the public p Z record f itc (s) on City Clerk 30 Settlement Agreement SIG Project EXHIBIT "E" NEIGHBOR MAP Submitted into the publi record for itemfs) vZ, 30 on 11, JN 111 . City Clerk JP lit • NEIGHBOR MAP 1. Submitted into the public record for itern(s) Z, 0 on IL 114 ! fl . City Clerk r a.yww•—. te" • Pi • 1, 1 d