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HomeMy WebLinkAboutSubmittal-Carlos Lago-Restrictive CovenantSubmitted into the public record f r itei (s) on At City Clerk RESTRICTIVE COVENANT ITEM PZ.1 CAPIRO VENTURE, LLC FIRST READING — NOVEMBER 17, 2016 7.1•; i a.. Pz, MIA 185592221v1 11-17-1Le. This instrument is prepared by (and slier recording ) please return this instrument to: Carlos R. Lago Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 r P11 Submitted into the public record fotr iterp(s) on 1l-!7-IC, City Clerk Reserved for Recording RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENT that the undersigned CAPIRO VENTURE, LLC, a Florida Limited Liability Company ("Owner") hereby makes, declares and imposes on the land herein described, this Restrictive Covenant (the "Covenant") running with title to the land contained herein, which shall be binding on Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the fee simple title holder to certain properties located at 1247 SW 4th Street and 1244 SW 3rd Street in Miami -Dade County, Florida, mote particularly described on Exhibit "A" (collectively, the "Subject Property") attached hereto and incorporated herein, which are the subject of a rezoning application from T4-L to T5-O under Miami 21; and WHEREAS, Owner also owns the adjacent properties, which are not part of the rezoning application, located at 300 SW 12 Avenue, 1220 SW 3 Street, 1229 SW 4 Street, and 1217 SW 4 Street, Miami, Florida (collectively, the "Shopping Plaza Property"), which contains a commercial shopping center and accessory parking facilities; and WHEREAS, Owner intends to rehabilitate the facilities located on the Shopping Plaza Property and the Subject Property to improve access, circulation and provide additional parking opportunities for the Shopping Plaza tenants and the community: and WHEREAS, the Owner proffers this Covenant to limit the maximum building height at the Subject Property to sixty-four (64) feet and to provide a minimum fifteen (15) feet wide landscape buffer on the West side of the Subject Property to serve as a buffer between the Subject Property and the adjacent properties located at 1253 SW 4 Street and 1248 SW 3 Street, Miami, Florida (collectively, the "Abutting Properties"); and WHEREAS, constructing a landscape buffer and limiting the maximum building height will minimize the impact development of the Subject Property niay have upon the Abutting Properties by providing. increased setbacks and an attractive, vegetated visual screening which Submitted into the public ("),1 record fo ite s r on 1 City Clerk combined create an appropriate transition in height and serve to preserve the character of the neighborhood; and WHEREAS, the Owners submit this Covenant, a recordable agreement in favor of the City, for the purpose of guaranteeing that the future redevelopment of the Subject Property shall be consistent with the standards set forth herein below. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Owner, hereby agrees as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. 2. Restrictions. Owner covenants the following: a. Landscape Buffer. The Subject Property shall contain a rninirnurn fifteen (15) feet wide landscape buffer between the Subject Property and the Abutting Properties. The landscaping materials (i.e., trees, bushes, etc.) are subject to the review and approval of the Planning and Zoning Director or their designee. b. Building Height. The Subject Property shall not contain any structure which exceeds sixty-four (64) feet in height. In the event that the Abutting Properties are zoned T5 or higher, the Owner shall be entitled to a release of this Covenant consistent with Section 3. 3. Covenant Running with the Land. This Covenant on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the Public Records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned Owner, and its heirs, successors, and assigns until such time as the Covenant is terminated, modified or released. These restrictions during their lifetime shall be for the benefit of, and be a limitation upon, all present and future owners of the Subject Property and for the public welfare. The provisions of this instrurnent shall become effective upon their recordation in the Public Records of Miami -Dade County. Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless this Covenant, pursuant to Section 2, is released in writing by the following: (i) then owners of the Subject Property AND (ii) the Director of the Department of Planning and Zoning subject to the approval of the City Attorney as to legal form, or their respective designees or successors. F OR Submitted into the public 77 record for iterti(s) rL r k City Clerk 4. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate any covenant contained herein. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. 5. Election of Remedies. All rights, remedies, and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 6. Recording. This Declaration shall be recorded in the Public Records of Miami -Dade County at the Owner's expense. The City of Miami City Attorney at 444 SW 2nd Avenue, Miami, Florida 33130, shall be furnished a copy within thirty (30) days of recordation. [Signature Page to Follow] 192 ric Submitted into the public D ] record forit c s) f (, on City Clerk Signed, witnessed, executed and acknowledged this _ day of , 2016. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE Capiro Venture, LLC, a Florida limited liability company By: Name: Title: The foregoing instrument was acknowledged before me this day of , 2016 by who is personally known to me, or has produced , as identification and she acknowledged before me that he executed the same, freely and voluntarily, for the purposes therein expressed. APPROVED: By: Name: Notary Public, State of Commission No. Francisco Garcia, Director of Planning and Zoning APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: Victoria Mendez. City Attorney lrk L, -q, 1 F ;` i [-17-1(e Exhibit A The Subject Property Submitted into the public record fir itc s) m_ILL City Clerk Lots 6 & 15, Block 90, LA WRENCF, COMPANY'S SUBDIVISION, according to the Plat thereof, recorded in Plat Book 2, Page 46, of thc Public Records of Miami -Dade County, Florida. ; r 4 , Pz -