HomeMy WebLinkAboutSubmittals at PZAB MtgThis instrument was prepared by and
After recordation return to :
Name: Jorge E. Navarro, Esq.
Address: Cirmettberg `I'ratirib
333 SB 2" Aveiro, 2`4 l loM
Miami, FL 3313 I
SUBMITTED INTO
THE PURLIC RECORD
FOR ITFiM(S) / 5i ON Lc IZI
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") is made this lay 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 EX111131'T 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 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 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
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 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.
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 30`y' 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.
E. 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 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,
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 outs 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. Landscape Buffers. 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 21; 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. Architectural 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
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. AU 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.
Sex ion 5.
the City by action
Inspection and Enforcement. An enforcement action may be brought by
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
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 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, 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-R/NCD-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
Section6 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.
Section 8. 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 ' me
Signature
Dt'1Ofl vu4Kac
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
SOUTHEASTERN INVESTMENT
GROUP CORPORATION
By:
Name:
Title:
The foregoing instrument was acknowledged before me by (, k4c 1ftIs
President of Southeastern',vestment Group Corporation, a Florida
corporation. He is 0personally known to me or €� � has produced ic(k' O,0-i'S (AUX. as
identification.
Witness my signature and official seal thisl`day of OCrib1017, in the County and
State aforesaid.
My Commission Expires:
JANET ROSILLO
Notary Public — State or Fiorlda
Commission k GG 109252
My Comm. Expires fun 6, 2021
Notary Public State of ftfty44
Print Name
MO
PROPERTY ADDRESS #1:
2960 SOUTH FEDERAL HIGHWAY, MIAMI. FL 33129-3732
LEGAL DESCRIPTION:
LOT 1, OF E3(MAT SUBDIVISION, ACCORDING TO THE PLAT
RECORDED IN PLAT HOOK 69, PAGE 87, OF THE PUBUC
MIAMI-DADE COUNTY, FLORIDA_
PROPERTY ADDRESS #2:
2940 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
EXHIBIT "A"
THEREOF, AS
RECORDS OF
LEGAL DESCRIPTION:
LOT 2, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBUC RECORDS Cf
MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #3;
2920 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
LEGAL DESCRIPTION:
LOT 3, OF CKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBUC RECORDS OF
MIAMI-DAOE COUNTY, FLORIDA.
PROPERTY ADDRESS #41
2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL. 33129-3732
LEGAL DESCRIPTION:
LOT 4, OF E1<MAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, A5
RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBUC RECORDS CF
MIAMI-DADE COUNTY, FLORIDA,
PROPERTY ADDRESS #5:
28913 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
ECU 0:01-4139-003-0070
LEGAL DESCRIPTION:
LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND
THE FOLLOWING DESCRIBED PORTION OF LOT 22, TO NIT: 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 DF INTERSECTION OF THE SOUTHERLY UNE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY UNE OF SAIL)
LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF
BEGINNING, GE RES1IBONI1510N OF BLOCKS 61 AND 62 OF FLAGLER,
ACCORDINC TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 42. PAGE
/3. OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #6:
2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
FOLIC:.01-4139-003-00BO
LEGAL DESCRIPTION:
LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND
THE FOLLOWING DESCRIBED PORTION OF LOT 22, TO NIT: FOR A POINT OF
BEGINNING, COMMENCE AT THE NORTHEASTERLY CORNER OE LDT 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 72 TO THE. POINT OF INTERSECTION OF THE SOUTHERLY I1NE
OF LOT 22, THENCE RUN EASTERLY ALONG THE SOUTHERLY LINE OF SAID
LOT 22 TO THE SOUTHEASTERLY CORNER OF 5Ai0 LOT 22 TO THE POINT OF
BEGINNING, OF RESUROIVI510N OF BLOCKS 61 AND 62 OF FLAGER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE
73, CF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PROPERTY
IS VACANT LAND, ADJACENT TO VACANT LAND AND NOT HOMESTEAD
PROPERTY OF GRANTOR.
EXHIBIT "B"
CONCEPTUAL SITE PLAN
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Summary of Covenant Restrictions
SUBMITTED INTO
THE PUBLIC RECORD
FOR ITEM(S)/ 9 ONIb)i J
I cA 19
1. Site Plans. The Covenant ties the development of the Property to a specific site plan.
2. Permitted Uses. Restricts the use of the Property to residential uses only and prohibits
commercial, lodging and educational uses.
3. Residential Density. Maximum of 17 townhome units to be developed on the Property.
4. Single Family Residence. Limits Single Family Lot to T3-R permitted structures.
5. Setbacks. Provides for a 27 foot minimum rear setback for residential units.
6. Access. Restricts ingress to single point access on SW 30th Road. Additional ingress and egress
access points along US-1 and South Miami Avenue {restricted to right turn -in and right turn -out).
7. Landscape Buffers. Requires the construction of a 12 foot hedge and the installation of an
aluminum fence no higher than 8 feet along the rear property line.
8. Permitting. Must submit application for any waivers, warrants or HEPB approvals within 10
months of rezoning. Must apply for building permits within 6 months these approvals.
SUBMITTED INTO
THE PUBLIC RECORD
FOR IifM(S)I6690NlCI16f
I"51 !i
SETTLEMENT AGREEMENT
DISCLOSURE PURSUANT TO
SECTION 2-8 OF THE CITY CODE
SOUTHEASTERN INVESTMENT GROUP CORP.
PZAB MEETING - OCTOBER 18, 2017
ITEMS PZAB.7 AND PZAB.8
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'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
(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
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 Exhibit "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
2
Settlement Agreement
SIG Project
WHEREAS, the Parties 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 4 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, without limitation, public policy considerations.
4. SIG Project Restrictions.
a) Site Plan. Contingent upon approval through the zoning and building permit
3
Settlement Agreement
SIG Project
process, the use of the SIG 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, 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 Use, 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`11 Road which shall be reserved solely for the use, design and development
4
Settlement Agreement
SIG Project
ofa 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 foot 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.
d) Access. Access to the SIG Property shall be limited as follows:
i) SW 30" (toad. Vehicular access to the SIG Property along SW 30t1i Road shall
be limited to ingress only.
ii) South Miami Avenue. Vehicular access to the SIG Property along South
Miami Avenue may permit both ingress and egress, both by right -turn only.
iii) South federal Highway. Vehicular access to the SIG Property along South
Federal Highway shall not be limited or restricted. Notwithstanding the
5
Settlement Agreement
SIG Project
foregoing, in no event shall an access drive along the US -I frontage be
permitted closer than 200 feet from SW 30th Road.
5. Covenant Amendments. SIG hereby agrees to record the Declaration of
Restrictions attached hereto as Exhibit "f)" (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 SIG'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 deviate from the requirements set forth in Section
4(b) through 4(d) of this Agreement.
7. Neighbors' Cooperation and Non -Objection. The Neighbors agree not to object or
oppose the SIG Application (arid 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
7
Settlement Agreement
SIG Project
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 ofAppellate Rights. 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 SIG Property is not developed consistent with the terms of
this Agreement pursuant to Section 14 herein.
9. SIG Project Termination or Expiration. 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 Pending Litigation. 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 1 1th Judicial
Circuit in and for Miami -Dade County, Florida.
8
Settlement Agreement
SIG Project
11. Permitting. Within ten (10) months of SIG obtaining final approval of the SIG
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, SIG 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 SIG Property.
The ten (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 11 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
9
Settlement Agreement
SIG Project
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. Enforcement. 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. I ntire 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
included with in the hatched area in Exhibit "E", attached hereto but excluding owners of any
portion of Property.
17. Attorneys' 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.
2p, 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 be the date this
Agreement has been executed by all Parties. Fully executed duplicate originals of this
Agreement shall be distributed to the Parties.
I
Settlement Agreement
SIG Project
21. Severability. 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
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and
year set forth below.
Print Name: D 0 fl V 1-5
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
Southeastern Investment Group, Corp., a Florida
corporation
By:
Its: r1/4___A_ t k
Dated: v c ; 1 "1
The foregoing instrument was acknowledged before me this ir-(lhr day of
2017 by ,� �Q�c -r. Za tlifittka., ► 1)
and
who appeared before me, is personally known io me or producedfloAC90 Wee/ Maui as
identification, and did take an oath.
NOTARY:
Print Name: .Ta&tf- 12-Pl'tkL()
Notary Public, State of Florida at Large
My commission Expires: (Notarial Seal)
JANET R0511.L0
Notary Public - Stale of Florida
Commission q GG 109252
My Comm, Expires Jun 6, 2021
13
Settlement Agreement
SIG Project
Witnesses:
Print Name: 4./'i J p,l-4. %
Print Name: _13 Q(•'G L U
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADS )
•
JosJ. Solares, an ndi idual
Mer edes Solares, an individual
Address: 2940 S. Miami Avenue,
Miami, Florida 33129
The foregoing instrument was acknowledged before me this /'') day 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)
`tir'�,,, 11P414 ��i LINDA 1, CARROLL
up
tI„l•�Notary Public • State of Florida
My Comm. Expires Jan 14, 2015
. Ar
Commission FF 055754
`'" ,` - Bonded 1hroUQh Nattone! Notary Assn.
14
Settlement Agreement
SIG Project
Witnesses:
Prin Name: 7(1.1fS1
Print Name:
+w .L04mA
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
Luis Pail nal
Robert Ayona, an individtth1
Address: 2952 S. Miami Avenue,
Miami, Florida 33129
) SS:
The foregoing instrument was acknowledged before me this (lay of October, 2017
by Luis Paillot and Robert Ayona who appeared before me, is p nafly known to me or
produced as identification, and did take an
.001 "ts Notary Public Stets o FIarM�
`h Marla I Bermudez
%AT My Commission FF 295425
a n Expires 05/2012018
My commission Expires: QC
NOTARY:
Print Name: �Vi,f? L `.c t- P, tiVit/O -&
Notary Public, State of F orida at Large
(Notarial Seal)
15
Settlement Agreement
SIG Project
Witnesses:
Print N
Print Name:Gle
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Ariel J. Guitian, an individual
r,
Carmen Guitian, an individual
S Address: 30 SW 30 Road, Miami, Florida 33129
) SS;
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 e f
(Notarial Seal)
t1
' LINOA L. CARROLL
s.+�« c1, Notary Public • State of Florida
I My Comm. Expos Jan 14, 2016
yr#+�c,. Commission # FF 055754
4. t.Aos Bonded Through National Notary Assn.
16
'1110 g 201
My commission Expires:
Settlement Agreement
SIG Project
Witnesses:
L i
Prin,l3me: ¶E2)E'\J � ,( bzF,
y\ t.,
Print Name: v\L. C)
STATE OF FLORIDA
1 <) LCs(.'(AC
COUNTY OF M ti
) SS:
)
-'
By: ):1t< / /A— _
Pedro Pablo Puerto, as Trustee for Pedro Pablo
Puerto Revocable Trust
Address: 40 SW 30 Road, Miami, Florida 33129
The foregoing instrument was acknowledged before me this /7 day of
(b6 e-f . , 2017 by Pedro Pablo Puerto as Trustee for the Pedro Pablo Revocable Trust
who appeared before me, is personally known to me or produced OD +% U-(A> A:.�j. •fir/(ils(•)
identification, and did take an oath. (ri1 n\4,/ r\ci r v4Ct u Q (Jr7 l L� y( Gr / J2• I
iR
NOTARY: .,..:'
Print Name: I'1 (ye et.. fUL
Notary Public, State of Florida at Large
(Notarial Seal)
KERN 6REANNII
Nottry Public • Sti f of Holds
•j My Comm. Exarn,lun tf.l01$
Conrmlirlon a FF 1011317.171111
01 11
Bonded Through Pidtad &Iffy Assn,
17
Settlement Agreement
SIG Project
Witnesses:
William Thomas
Print Name:
Print Name:
Jess;t Lynn Lanip'1, an i� fividnal
1S SC( .c1)- Ad rcss: 31 SW 30 Road, Miami, Florida 33129
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this I14 day of October, 2017 by
William I .ipjp'I and Jessica 1_ampl who appeared before me, is personally known to me or
producedla fin' Q4'ik-ACeilis identification, and did take an oath.
NOTARY:
Print Name:
Notary Public, State of Florida at Large
My commission Expires: (Notarial Seal)
JANET R05ILLO
Notary Public - State of Florida
Ct7mmI5SIoR Y GG 109252
My Comm, Expires Jun 6.2021
18
Settlement Agreement
SIG Project
Witnesses:
int Name: 1.4`401)4
Print Name:
Leo/
L ti tL,
Ste, S
STATE OF FLORIDA
}
) SS:
COUNTY OF MIAMI-DADE )
\-//geo
Gracicla Solares, an individual
Address: 60 SW 30 Road, Miami, Florida 33129
The foregoing instrument was acknowledged before me this /1 day of October, 2017
by Graeiela Solaces 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)
LINOA L. CARROLL
NotaryPublic
• Slate of Florida
• : My Cornm. t=xpiros Jan 14, 2018
ru' Commission # FF 055754
Bonded Through National Notary Assn.
20
Settlement Agreement
S1G Project
EXHIBIT "A"
SIG PROPERTY LEGAL DESCRIPTION
PROPERTY ADDRESS #1:
2960 SOUTH FEDERAL HIGHWAY, MIAMI, FL. 33129-3732
LEGAL DESCRIPTION:
LOT 1, OF EKMAT SUBDVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOCK 69, PAGE 87, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #2:
2940 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
LEGAL DESCRIPTION:
LOT 2, OF EKASAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PAGE 57, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORID/4
PROPERTY ADDRESS #3:
2920 SOUTH FEDERAL HIGHWAY, MIAMI, EL, 33129-3732
LEGAL DESCRIPTION:
LOT 3, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 89, PAGE 87, OF THE PUBLIC RECORDS OF
MIAMI--DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #4:
2900 SOUTH FEDERAL. HIGHWAY, MIAMI, FL. 33129-3732
LEGAL DESCRIPTION:
LOT 4, OF MART SU00I14SION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #5:
2590 SOUTH FEDERAL HIGHWAY, MIAMI, FL. 33129-3732
F0L001-4139-003-0070
LEGAL DESCRIPTION:
LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND
THE FOLLOWING DESCRIBED PORTION OF LOT 22, TO 'MT; FQR 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 70 THE POINT OF INTERSECTION OF TFIE SOUTHERLY UNE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY LINE OF SAID
LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF
BEGINNING, OF RESLISDIVISION OF BLOCKS 61 AN0 52 OF FLAGLER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42. PAGE
73, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
PROPERTY ADDRESS #6:
2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
FOLIO: 01- 4139-0 03-O050
LEGAL DESCRIPTION:
LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND
THE FOLLOWING DESCRIBED PORTION OF LOT 22, TO 'MT: 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 INTERSECTION OF THE SOUTHERLY LINE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY LINE OF SAID
LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF
BEGINNING, OF RESUBDIVISIDN OF BLOCKS 61 AND 62 OF FLAGLER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN FLAT BOOK 42, PAGE
73, OF THE PUBLIC RECORDS OF MIAM!-DADE COUNTY, FLORIDA. PROPERTY
IS VACANT LAND, ADJACENT TO VACANT LAND AND NOT HOMESTEAD
PROPERTY OF GRANTOR.
21
Settlement Agreement
SIG Project
EXHIBIT "B"
;SIG COVENANT
This instrument was prepared by and
after recordation return to
Name: Jorge!, Navarro, Esq.
Address: Greenberg tiaurig
333 SE 2" Avenue, 2`"i Ftoor
Miami, FL 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") is made this 1?day 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 E;X111B1'f 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 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 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
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 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 net 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 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 funnily Residenee. 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 30`h 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.
E. 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 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.
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. Landscape Buffers_ 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 21; 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.
1-1, Architectural 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
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
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 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, 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-RINCD-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 Sectiori (i 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, Iockouts, 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 8. 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:
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
SOUTHEASTERN INVESTMENT
GROUP CORPORATION
By:.
Name: ''�;) IL".X ' Kl t t t i a j 1 I O
Title: ,
The foregoing instrument was acknowledged before me by �L( 1.�Ytts
President of Southeastern Ipvestment Group Corporation; a Florida
corporation. He is ❑ personally known to me or alms produced ` Mood,.. 1+ Litt/tit as
identification.
Witness my signature and official seal thisi ' ay of O64:Ob''2017, in the County and
State aforesaid.
My Commission Expires:
glamaribwilkaahalhalbileriBrilbribia
ti YP a'•.. JANETPOSILLO
Notary Public -Stateof Florida
Commission a GG I09252
My Comm, Expires Jun 6, 2021
Notary Public State of t\It s[
-TQ&OE rgoleittx
Print Name
EXHIBIT "A"
PROPERTY ADDRESS #1:
2980 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
LEGAL DESCRIPTION:
LOT 1, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT HOOK 69, PAGE 87, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #2:
2940 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3l32
LEGAL DESCRIPTION:
LOT 2, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PAGE 87. OF THE PUBLIC RECORDS OF
MIAMI-DAOE 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, AS
RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBUC RECORDS OF
MIAMI-DA➢E 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 BOCK 69, PACE 87, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #5:
2890 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33128-3732
FOI LO: 01-4139-003-0070
LEGAL DESCRIPTION:
LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND
THE FOLLOWING DESCRIBED PORTION OF LOT 22, To MIT: 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 INTERSECTION of THE SOUTHERLY LINE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY LINE OF SAID
LOT 22 TO THE SOUTHEASTERLY GUNNER 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 B00K 42, PAGE
73, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
PROPERTY ADDRESS #6:
2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
F0LIO:01-4139-003-0060
LEGAL DESCRIPTION:
LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND
THE FOLLOWING DESCRIBED PORIICN OF LOT 22, TO VAT 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 UNE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY UNE #' SAID
LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF
BEGINNING, OF RESUSDIVISION OF BLOCKS 81 AND 62 OF FLACLER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE
73, OF THE PUBLIC REDS OF MIAMI-DADE COUNTY, FLORIDA. PROPERTY
IS VACANT LAND, ADJACENT TO VACANT LAND AND NOT HOMESTEAD
PROPERTY OF GRANTOR.
EXHIBIT "B"
CONCEPTUAL SITE PLAN
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Settlement Agreement
SIG Project
EXHIBIT "C"
SIG PROJECT CONCEPT PLAN
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Settlement Agreement
SIG Project
EXHIBIT "D"
NEIGHBOR COVENANT
This instrument was prepared by and
after recordation return to :
Name: Jorge L. Navarro, Fsq.
Address: Greenberg 'Traurig
333 SF, 2"d Avenue, 2'1 floor
Miami, FL 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") is made this Ilday of
Oc , 2017, by SOUTIJEASTERN 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 i 2017 relating to the Application and future redevelopment of the
Property; and
MIA 186124303v1
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
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. Permitted 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.
ANA 186124303v1
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 166124303v1
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 13uf[ers. 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
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 1881243030
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 1861243030
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 other provisions of the Declaration, which shall
remain in full force and effect.
Section M. 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]
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.
72 €G6lzi9v1
Signature
pRJOY\ 4c,e,is
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
SOUTHEASTERN INVESTMENT
GROUP CORPORATION
By: ,, ,
)Name: nkFx J • r AKHFa2) fv.L
Title: >s" i '1-
The foregoing instrument was acknowledged before me by 02KT 7LLHAtrrUM`fbas
President _ of Southeastern Investment Gr u C flporation` a Florida
corporation. He is O personally known to me or i, has producedtt0Q.IC . UZIL . as
identification.
Witness my signature and official seal this rclriy of C.C.A0b4r 2017, in the County and
State aforesaid.
Notary Public State of CkP a
3goni
My Commission Expires: Print Name
rt1
JANET ROSILLO
Notary Public—Stateof Florida
Commission +f GG 109252
My Comm. Expires Jun 6, 2021
MIA 1861243030
EXHIBTi` "A"
PROPERTY ADDRESS #l:
2960 SOUTH FEDERAL HIGHWAY, ANIAMi, FL, 33129-3732
LEGAL DESCRIPTION:
LOT 1, OF ERMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF. AS
RECORDED IN PLAT BOOK 09, PAGE 67, OF THE PUBUC RECORDS OF
MIAMI-DADE COUNTY, FLOR IOA.
PROPERTY ADDRESS #2:
2940 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3752
LEGAL DESCRIPTION:
LOT 2, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PAGE 67,OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FIORIDA.
PROPERTY ADDRESS #3:
2920 SOUTH FEDERAL HIGHWAY WAN', FL. 33129-3732
LEGAL DESCRIPTION:
LOT 3, OF EKMAT SUBDIVISION. ACCORDING TO THE PLAT
RECORDED 1N PLAT BOOK 69, PAGE 67, OF THE PUBUC
MIAMI-DARE COUNTY, FLORIDA_
PROPERTY ADDRESS #4:
2900 SOUTH FEDERAL HIGHWAY, ►MIAMI, FL 33129-3732
THEREOF, AS
RECORDS OF
LEGAL DESCRIPTION:
LOT 4, OF EKMAT SUBDIVISION. ACCORDING TO THE PLAT THEREOF, AS
REGORGED IN PLAT BOOK 69, PAGE 87, CF THE PUBUC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #5:
2850 SOV1H FEDERAL HIGHWAY, MIAMI, FL 33129-3732
FOLIO; 01-4139--903-0070
LEGAL DESCRIPTION:
LOT 20, LESS THE NORTHEASTERLY S FEET THEREOF, 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 LINE
OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY UNE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY UNE or SAND
LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF
BEGINNING. OF RESO6011ASION 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-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #6:
2600 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129--3732
FO4J0: 01-4139-003-0060
LEGAL DESCRIPTION:
LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND
THE FOLLOWING DESCRIBED PORTION OF LOT 22. TO YAT: FOR A POINT OF
BEGJNNING, 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 SW7H€RL`/ UN£
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 RESUBDI415ION OF BLOCKS 61 AND 62 OF FLAGLER,
AC00RDINC TO THE PLAT THEREOF, AS RECORDED IN PLAT 9001{ 42, PAGE
73, OF THE PUBUC REOORDS or MIAMI-DACE COUNTY, FLORIDA. PROPERTY
IS VACANT LAND, ADJACENT TO VACANT LAND AND NOY HUM ESTEAD
PROPERTY OF GRANTOR.
EXHIBIT "B"
CONCEPTUAL SITE PLAN
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EXHIBIT C
NEIGHBOR MAP
Settlement Agreement
SIG Project
EXHIBIT "E"
NEIGHBOR MAP
NEIGHBOR MAP