HomeMy WebLinkAboutDeclaration of Restrictive CovenantThis instrument was prepared by:
Alexander I. Tachmes, Esq.
Shutts & Bowen LLP
20D S. Biscayne Boulevard, Suite 4100
Miami, Florida 33131
CFN: 20200536206 BOOK 32109 PAGE 1991
DATE:09/22/2020 09:23:41 AM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANT 2
This Declaration of Restrictive Covenants (the "Declaration") made this __ day
of oki, 2020, by 82"d Apartments, LP; 505 NE 82nd
Street, LLC; 520 NE 82"d Terrace, LLC; 421 82 St, LLC; and 439 NE 82nd Street,
LLC (hereinafter referred to as the "Owners"), is in favor of the CITY OF MIAMI,
FLORIDA, a municipality located within the State of Florida (hereinafter referred to as
the "City").
WHEREAS, the undersigned Owners hold fee simple title to certain real property
located at:
See Exhibit A, attached hereto, and hereinafter referred to as the "Property."
WITNESSETH
WHEREAS, the Owners sought and obtained a rezoning pursuant to Ordinance
No. 13/.5 for the Property; and
WHEREAS, the Owners are desirous of making a voluntary binding commitment
to assure that the Property shall be developed in accordance with the provisions of the
Declaration herein,
section -Township -Range: 07-53-42
Folio Number: 01-3207.0234050; 01.3207-023.0060; 01-3207.054-0130; 01-3207-054.0120; 01-3207-054-0150; 01.3207-023-
0020; 01-3207-023-0070; and 01-3207-023.0040
CFN: 20200536206 BOOK 32109 PAGE 1992
Declaration of Restrictive Covenant
Page 2 of 10
NOW THEREFORE, the Owners voluntarily covenant and agree 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 and findings set forth in the preamble of this
Declaration are hereby adopted by reference thereto and incorporated herein as if fully
set forth in this Section.
Section 2. The Owners hereby make the following voluntary declarations
running with the land concerning the use of the Property:
1. That the Property shall be developed consistent with the design intent of
the plans entitled "Wave of Shorecrest 82nd Street Master Plan" dated July
15th, 2015 (the "Plan").
2. That the Owners shall not increase the proposed floor area (FLR), as
described in the Plan, by pursuing a "Public Benefits" bonus under Miami
21.
3. The Property shall be developed with a maximum of 232 dwelling units.
4. There shall be no retail uses permitted along the NE 82 Terrace frontage
of the Property.
Section 3. Effective Date. This Declaration is effective at the date of execution
hereof. This instrument shall constitute a covenant running with the title to the Property
shall be binding upon Owners, their successors and assigns. These restrictions shall be
a limitation upon all present and future Owners of the Property and shall be for the
public welfare.
Section -Township -Range: 07-53-42
Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-
0020; 01-3207-023-0070; and 01-3207-023-0040
CFN: 20200536206 BOOK 32109 PAGE 1993
Declaration of Restrictive Covenant
Page 3 of 10
Section 4. Applicable Law & Venue; Attorney's Fees. Florida law will apply to
interpretation of this instrument. Venue in any civil actions arising under this instrument
shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees.
Section 5. Amendment and Modification. This instrument may be modified,
amended, or released as to any portion of the Property by a written instrument executed
by the then Owners of the fee -simple title to the land to be affected by such
modification, amendment or release, providing that same has been approved by the
City of Miami Planning and Zoning Board Appeals Board and City Commission after a
public hearing which public hearing shall be applied for at the expense of the Owner.
Upon approval of such modification amendment or release as specified herein, the
Director of the City of Miami's Planning Department or his successor shall execute a
written instrument in recordable form effectuating and acknowledging such modification,
amendment or release. Such instruments shall be in a form acceptable to the City
Attorney.
Section 6. 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. This enforcement provision shall be in addition to any other remedies available
under the law. The award of attorney's fees to a prevailing party shall not be used or
enforced against the City of Miami.
Section 7. Severability. Invalidation of any one of these covenants by
judgment of Court shall not affect any of the other provisions of the Declaration, which
shall remain in full effect.
Section -Township -Range: 07-53-42
Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207.054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-
0020; 01-3207-023-0070; and 01-3207-023-0040
CFN: 20200536206 BOOK 32109 PAGE 1994
Declaration of Restrictive Covenant
Page 4 of 10
Section 8. Recording; Effective Date. This agreement shall be recorded and
shall constitute a covenant running with the land, and shall be binding on the Parties,
their successors, heirs, and assigns. This Agreement shall be effective for a period of
30 years, and shall be automatically renewed for successive periods of 10 years unless
either party gives notice and records it at least 30 days prior to the expiration of any 10
year renewal period. Covenantors shall record this Agreement and provide a copy to the
City within 5 days of the Effective Date of this Agreement.
Section 9. Construction. Nothing in this covenant shall be construed to create
or imply a vested right to any development. This covenant shall be construed as a
restriction, and shall not be construed to authorize or permit any development that is not
in compliance with the local laws and regulations in effect at the time of the application
for any permit.
[Signature Pages to Follow]
Section -Township -Range: 07-53-42
Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-
0020; 01-3207-023-0070; and 01-3207-023-0040
CFN: 20200536206 BOOK 32109 PAGE 1995
Declaration of Restrictive Covenant
Page 5
ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on th•is day of
Witne
.a ure
—71
(t
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
fi
Title: Ciwnca-f
Address:
sink �nf ; . 4, s_
The foregoing instrument was acknowledged before me by
C-rcL& Soacobl , the ouo- of 82nd
Apartments, LP, on behalf of the corporation. He/She is ❑ personally known to
me or Erhas produced do -iv' eX s l k ce_ -Q- , as identification.
Witness my signature and official seal this -day of --
,2-A<in the County and State aforesai._ --—....
My Commission Expires: N J l-
Section-Township-Range: 07-53-42
Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 0
3207-023-0020; 01-3207-023-0070; and 01-3207-023-0040
Notary Public State-of-Fi ra i
5Tha.1rc. %.hae.) V"Fi
fitirt
ant`: rI Oi
Cort missiomar f Oaths
any Nntary Public!, in the
Province oi Ontario
LarsenLaw Se Associates
11 - 150 Spinnaker Way
Vaughan, ON L4K 4M1
CFN: 20200536206 BOOK 32109 PAGE 1996
JOINDER BY MORTGAGEE
The undersigned, Federal Home Loan Mortgage Corporation , as Mortgagee under that certain
Mortgage (the "Mortgage") dated this 26th day of February , 2020 , and recorded in
Official Records Book 31846, Page 4516 , of the Public Records of Miami -Dade County, Florida,
covering all/or a portion of the property described in the foregoing Declaration of Restrictive
Covenant (the "Covenant") does hereby acknowledge that the terms of the Covenant are and shall
be binding upon the undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this) 1 day of
20 3,
STATE OF \i �YZYti�
COUNTY OF
(Lendi g Institution
By: Federal Home Loan Mortgage Corporation
Name: ((19 ivy w 7ti) S cJY1
Title: ;-
Address: fall 0.1) jxis\e
N1LLo,24,,, VA- 1-' - o 2_
The foregoing instrument was acknowledged before me by means of w l physical presence
or ❑ online notarization, this 114 day of .?� , 2020, by
C� ci' l\ , as r of P C.- `F of
'PtoraS ikoa_ l.12;u4, C 1vx--v -e , a c and he/she
acknowledged to and before me that he/she executed the said instrument, acting in his/her said
official capacity, for and as to the act and deed of said entity and in its name, for the uses and
purposes therein mentioned, and after being duly authorized and directed. He/She is: personally
known to me, or [ ] produced as identification.
WITNESS my hand and official Seal in the County and State aforesaid, on this, the l 7
, 20 vim.
day
Notary Public, State of \%
My Commission Expires:
2o2y
MIADOCS 19511311 1
Declaration of Restrictive Covenant
Page 6 of 10
CFN: 20200536206 BOOK 32109 PAGE 1997
ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this/1. day of
, 2020.
J� C &,Ile,
Witnesses:
Signature
f►�to 01' (
Print,Name
(1
`Signature
/A
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
421 82 St, L.Lre
By:t
Title: Ott) imel4
Address:
//// 3 &/,c- F fri—e-
I . 11F:Lk, 3 1f1
The foregoing instrument was acknowledged before me by means of physical
presence or ❑ online notarization, this ,,k day of ch , 2020, by
U. dr , as OWN.
of 421 82 St, LLC, a Florida limited liability company and he/she acknowledged to and
before me that he/she executed the said instrument, acting in his/her said official
capacity, for and as to the act and deed of said entity and in its name, for the uses and
purposes therein mentioned, and after being duly authorized and directed. He/She is: [
,...,r personally known to me, or [ ] produced _.. as identification.
WITNESS my hand and official Seal in the County and State aforesaid, on this,
the day of k ck , 203,0
Notary Public, State of cr;b
My Commission E
Section -Township -Range: 07-53-42
Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-
0020; 01-3207-023-0070; and 01-3207-023-0040
CFN: 20200536206 BOOK 32109 PAGE 1998
JOINDER BY MORTGAGEE
The undersigned TD BANK, N.A., as Mortgagee under that certain Mortgage and
Security Agreement dated July 14, 2016, and recorded in Official Records Book 30155, at Page
3399, of the Public Records of Miami -Dade County, Florida, as modified by that certain Notice
of Future Advance, Consolidation and Mortgage Modification Agreement dated March 17, 2020,
recorded in the Public Records of Miami -Dade County, Florida (collectively, the "Mortgage"),
covering all/or a portion of the property described in the foregoing Declaration of Restrictive
Covenant (the "Covenant") does hereby acknowledge that the terms of the Covenant are and
shall be binding upon the undersigned and its successors in title. Nothing contained herein
shall be construed as Mortgagee waiving any rights afforded to it by the Mortgage, or the
documents evidencing the same, including the requirement that Mortgagor contain Mortgagee's
consent for any demolition of the existing improvements to the Property, or any changes in the
use of the Property, or the construction of any new improvements to the Property, all as
provided therein.
IN WITNESS WHEREOF, these presents have been executed this I day of Apir4,
2020.
TD BANK, N.A.
By:
Name Ernesto
Title: Vice Pres
Address: 255 Alhambra Circle, 2nd Floor
Coral Gables, Florida 33134
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
BEFORE ME, the undersigned authority, by means of [X ] physical presence or [ ]
online notarization, this day appeared ERNESTO ROQUE, known by me to be a Vice President
of TD BANK, N.A., a national association, and he acknowledged to and before me that he
executed the said instrument, acting in his said official capac' , r as to the act and deed
of said national association and in its name, for the - a is • r.se ` mentioned, and
after being duly authorized and directed. He is: [ -rsonally kn. ' to me, r [ ] produced
as identification.
WITNESS my hand and official Seal
day of , 2020.
My Commissioh Expires:
;MARTASALGOEIRO
•�°`• P Q'` = MY COMMISSION # GG 033343
* :s 26,2021
Bonded ibru Notary Public UndeswiWts
—
Notary Public
Print Name:
esaid, on this, the _ /_
CFN: 20200536206 BOOK 32109 PAGE 1999
Declaration of Restrictive Covenant
Page 7 of 10
ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this � day of
l for c, 2020.
Witnesses:
Ignature
Print Name
40)0,cd—
Signature
f-)f) C • V\CCO-{
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
439 NE 2"° Street LLC
By: Li,.c✓r� �v�
Title: OW r- aaN1 tes, Yr
Address:
1'�
r
The foregoing instrument was acknowledged before me by means of Physical
presence or ❑ online notarization, this day of M Cyr CV' , 2020, by
,PG(\le-qGO n , as n t AJ� r \'^\ama0\ E
of 439 'NE 82nd Street, LLC, a Florida limited liabN try company and he/she
acknowledged to and before me that he/she executed the said instrument, acting in
his/her said official capacity, for and as to the act and deed of said entity and in its
name, for the useG nd purposes t ein mentioned, and after being duly authorized
and directed.(He he is: [ vr personally known to me, or [ ] produced
as identification.
WITNESS my h nd and official Seal in the County and State aforesaid, on this,
the ? day of , 20 D I
Notary Public, Sta .e of ✓ I t
My Commission Expir
SUSAN C. MACET
MY COMMISSION # GO 928116
EXPIRES: February 11, 2024
Bonded Thru Notary Public Undeiwrifers
Section -Township -Range: 07-53-42
Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-
0020; 01-3207-023-0070; and 01-3207-023-0040
CFN: 20200536206 BOOK 32109 PAGE 2000
Declaration of Restrictive Covenant
Page 8 of 10
ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this day of
, 2020.
Witnesses:
Sinature
Print Name
401-1
Signat re
Sinn c.�aceL—
Print Name
By: / +,,f,r+ {0,
Title: 7' 4
Address:
7 5) J &) On k A/4 e
1--)10,h?1Lf, rz 313d1
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by 1Sm�eans of physical
Elpresence or online notarization, this `� ay of ��k_Q/CI1 , 2020, by
t \I C\ . C 0\ , as 011J1nr%/ 1�`\C71 �l CJ�aF✓
of 505 N 82"`� Street, LLC, a Florida limited liabilitycompany and he/she
acknowledged to and before me that he/she executed the said instrument, acting in
his/her said official capacity, for and as to the act and deed of said entity and in its
name, for the uses and purposes therein mentioned, and after being duly authorized
and directed. He/She is: [LA' personally known to me, or [ ] produced
as identification.
WITNESS my hand and official Seal in the County and State aforesaid, on this,
the 3 day of March , 20 ao .
(AC,):1
Notary Pub jc, State of F I o f el d a
My Commission Expi
SUSAN C. MACET
MY COMMISSION # GG 928116
= EXPIRES: February 11, 2024
•'��F r;;? ` Bonded Thru Notary Public Undeiwrlters
Section -Township -Range: 07-53-42
Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-
0020; 01-3207-023-0070; and 01-3207-023-0040
CFN: 20200536206 BOOK 32109 PAGE 2001
Declaration of Restrictive Covenant
Page 9 of 10
s1,71
Witnesses:
witnessed,
ACKNOWLEDGMENT
CORPORATION
executed and acknowledged on this � day of
, 2020.
gnature
it,A; C ii1 A l G
Print Name
Signature
C. MOLT+
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
520 NE 82nd Terrace, LLC
By:
Title: LA, rkfi
Address: n V
The foregoing instrument was acknowledged before me by means of I2' physical
presence or ❑ online notarization, this day of tkO , 2020, by
V >/ ), as 0 ✓i i\kanct e
of 520 NE 82nu Terrace, LLC, a Florida limited IiabWty company and he/she
acknowledged to and before me that he/she executed the said instrument, acting in
his/her said official capacity, for and as to the act and deed of said entity and in its
name, for the uses and purposes erein mentioned, and after being duly authorized
and directed. He/She is: [personally known to me, or [ ] produced
as identification.
WITNESS my ha d and official
the day of ►parr_, 20
I in the County and State aforesaid, on this,
Notary Public, Stale of F O(i G (X
SUSAN C. MACET
My Commission Expirt„.ogike,t,,
"'*= MY COMMISSION # GG 928116
-��- a`,� EXPIRES: February 11, 2024
i,r,cq °a;,� Bonded Thru Notary Public Underwriters
Section -Township -Range: 07-53-42
Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-
0020; 01-3207-023-0070; and 01-3207-023-0040
■
CFN: 20200536206 BOOK 32109 PAGE 2002
JOINDER BY MORTGAGEE
(Where Applicable)
_The undersigned, Deutsche Bank Trust Company Americas, as Trustee for the Benefit of
the Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass
through Certificates, Series 2017-SB27, as Mortgagee under that certain Mortgage (the
"Mortgage") dated the 21st day of October, 2016, and recorded in Official Records Book 30280,
Page 665, of the Public Records of Miami -Dade County, Florida, covering all/or a portion of the
property described in the foregoing Declaration of Restrictive Covenant (the "Covenant") does
hereby acknowledge that the terms of the Covenant are and shall be binding upon the
undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this 20th day of
April, 2020.
Deutsche Bank Trust Company Americas, as
Trustee for the Benefit of the Holders of Wells
Fargo Commercial Mortgage Securities, Inc.,
Multifamily Mortgage Pass through
Certificates, Series 2017-SB27
By: Federal Home Loan Mortgage
Corporation, its Master Servicer
By: Arbor Agency Lending, LLC, a New York
limited liability comp y, its Sub-Servicer
Name: maiio Arena
Title: Authorized Signatory
STATE OF NEW YORK )
COUNTY OF ERIE )
The foregoing instrument was acknowledged before me by means of physical
presence, this 20th day of April, 2020, by Mario Arena, as Authorized Signatory of Arbor Agency
Lending, LLC, a New York limited liability company, as sub-servicer on behalf of Deutsche
Bank Trust Company Americas, as Trustee for the Benefit of the Holders of Wells Fargo
Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass through Certificates, Series
2017-SB27, and he/she acknowledged to and before me that he/she executed the said instrument,
acting in his/her said official capacity, for and as to the act and deed of said entity and in its
name, for the uses and purposes therein mentioned, and after being duly authorized and directed.
He personally known to me.
WITNESS my hand and official Seal in the County and State aforesaid, on this, the
day of r ,2>a L , 20 tt' .
JEANETTE RILEY
NOTARY PUBLIC, STATE OF NEW YORK
No. 01R$4791817
Oualdicd in Edo County
Commission Expires January 31,E
(a
Otary Public, State of
My Commission Expires:
/131l2 -2
TAI A llrl!`Q 1flC11111 1
CFN: 20200536206 BOOK 32109 PAGE 2003
APPROVED AS TO CONTENTS:
Francisco J. Garcia
Planning Director
Joseph A. -Ruiz, Esq.
Zoning Administrator
APPROVED QIS TO LEGAL
FORM ANIJ CORE9TNESS:
Victoria Mendez, Esq.
City Attorney
Section -Township -Range: 07-53-42
Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-
3207-023-0020; 01-3207-023-0070; and 01-3207-023-0040
Declaration of Restrictive Covenant
Page 10 of 10
CFN: 20200536206 BOOK 32109 PAGE 2004
Exhibit A
LEGAL DESCRIPTION:
LOT 2. BLOCKZ SHERRY PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 800K Olt
PAGE 12, OF THE PUBLIC RECORDS OF MIAMIDADE COUNTY. FLORIDA (POLIO No.01-329/.6154-0120)
ANO
LOT BLOCK 2. SHERRY PARK ACCORDING ro THE PLAT THEREOF AS RECORDED IN PLAT soar a
PAGF 12, OF THE RECORDS OF MIAMI-NOP COUNTY R ORIDA, (F0110 N0,01-3207-054-0130)
AND
col • BLOCK 2 SHERRY PARK, ACCORDING TO THE PLAT THEREOF AS RE *i IN PLAT BOOK 6?
PAGE 12 Of THE PUBLIC RECORDS Of MIAMI-DADE COUNT Y. fLORIDA. (kOLIO NO.01,1202-054-0159)
JOT 2 LESS 7NE SOUTH 5 FEET I N BLOCK 1, OF BLUE DOME ACCORDING TO TIIEPL4T THERE0AS
RPCOROFD PIAT BOOK 42, PAGF 64, OF THF PUBI IC RPCORDS OT MIAMI-DADF , F1ORIDA, AND
LOT ). LESS THE SOUTH 51-EU IN BLOCK 1 Of 8111E DOME, ACCORDING 10 THEPLAT 7HERE07 AS
RECORDED IN PLAT' 800K 42. PAGE 64, Of Mk PUBLIC MEC S Of MIAMIDADE COUNTY. FLORIDA (F
NO.01-3207-02341020)
AND
LOT 4, LESS rHE sotrrH 5 TFET IN el OCK1 OF BLUE DOME ACCORDING TO THE T THEREOT AS
RECORDED IN PLAT BOOK 42 PAGE 64, OF THE PUBL1C RECORDS OF MIAMI DADE COUNTE FLORIDA. (FOLIO
NO.01,1204 023 0040)
AND
L0T LESS THE SOUTH 5 FEET IN BLOCK 1, OF BLUE DOME, AMOR ING TO THE PLAT THEREOF. AS
RFCORDPO IN PI AT BOOK 47, PAGF 64, OF THF PUBI IC RFCOROS OT MIAMFDADF COUNTY, Fl ORIN (TO 110
N0,01.3207,023.0050)
AND
LOT a LESS IHE SOUTH 5 FEE1 IN BLOCK t Of BLUE DOME. ACCORDING 10 I HE PLAT 1HEREOf AS
RECORDED IN PLAT BOOK 42 PAGE 64OF T E PUBLIC RECORDS OF MIAMI-DADE COUNTY; FLORIDA (FOLIO
dv001.3207.023.0(140)
AND
Lars t TO 9, INCLUSIVE [LS582 MEV RIGHT OF WAY&OCK 1, OF BLUE DOME. ACCORDING TO DE
PLAT IHEREOf AS RECORDED in I FLA, 8001(42 PAGE 64, OF THE PUBLIC RECORDS Ofr MIAMI-DADE
COUNTY, FLORIDA (FOLIO NO 01-V07-M40701
Section -Township -Range: 07-53-42
Folio Number: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207-054-0120; 01-3207-054-0150; 01-3207-023-
0020; 01-3207-023-0070; and 01-3207-023-0040