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HomeMy WebLinkAboutDeclaration of Restrictive Covenant (Blank)This instrument was prepared by: Alexander I. Tachmes, Esq. Shutts & Bowen LLP 200 S. Biscayne Boulevard, Suite 4100 Miami, Florida 33131 This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Cede. The applies de decision -making body will redew the information at the pubc hearing to render a recommended on or a final decld on. PZ-20-6170 07/08/20 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANT This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2020, by 82nd Apartments, LP; 505 NE 82nd Street, LLC; 520 NE 82nd 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. 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: 01-3207-023-0050; 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 2 of 10 NOW THEREFORE, the Owners voluntarily covenant and a Property shall be subject to the following restrictions that are intended deemed to be a covenant running with the land and binding upon the 0 Property, and its heirs, successors and assigns as follows: ma submittal needs to be scheduled fora public hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -malting body will review the information at the pubc hearing to render a recommended on or a final decid on. PZ-20-6170 07/08/20 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 Declaration of Restrictive Covenant Page 3 of 10 Section 4. Applicable Law & Venue; Attorney's Fees. Florida la interpretation of this instrument. Venue in any civil actions arising under t shall be in Miami -Dade County, Florida. Each party shall bear their own attor This submittal needs to be scheduled fora pubic hearing In accordance with Idmatinee set forth in the City of Miami Code. The upped de decision -making body will reslew the information at the pubic hearing to render a recommended on or a final decid on. PZ-20-6170 07/08/20 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 Declaration of Restrictive Covenant Page 4 of 10 Section 8. Recording; Effective Date. This agreement shall be shall constitute a covenant running with the land, and shall be binding o their successors, heirs, and assigns. This Agreement shall be effective for 30 years, and shall be automatically renewed for successive periods of 10 years 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. This submittal needs to be scheduled fora public hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -malting body will review the information at the pu bec hearing to render a recommended on or a final decision. PZ-20-6170 07/08/20 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 Declaration of Restrictive Covenant Page 5 of 10 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this , 2020. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 82nd Apartments, LP This submittal needs to be scheduled for a puboc hearing In eaordanre whh timelines set forth in the City of Miami Cede. The applica de decision -making body will redew the information at the pubc hearing to render a recommended on or a final decld on. PZ-20-6170 07/08/20 By: Title: Address: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2020, by as of 82nd Apartments, LP, a Florida limited partnership 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 day of , 20 Notary Public, State of My Commission Expires: 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 JOINDER BY MORTGAGEE (Where Applicable) The undersigned, , as Mortgagee certain Mortgage (the "Mortgage") dated this day of This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Code. The applies de decision -malting body will rodew the information at the pubc hearing to render a recommendation or a final decid on. recorded in Official Records Book , Page , of the Public Records of Miami - 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 Covenant are and shall be binding upon the undersigned and its successors in title. PZ-20-6170 07/08/20 of the IN WITNESS WHEREOF, these presents have been executed this day of , 20 . (Lending Institution) By: Name: Title: Address: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2020, by as , a of 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 day of ,20 Notary Public, State of My Commission Expires: MIADOCS 19511311 1 Declaration of Restrictive Covenant Page 6 of 10 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this , 2020. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 421 82 St, LLC This submittal needs to be scheduled for a public hearing In eaordanre whh timelines set forth in the City of Miami Cede. The applica de decision -making body will redew the information at the pubc hearing to render a recommended on or a final decld on. PZ-20-6170 07/08/20 By: Title: Address: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2020, by , as 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: [ ] 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 , 20 Notary Public, State of My Commission Expires: 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 JOINDER BY MORTGAGEE (Where Applicable) The undersigned, , as Mortgagee certain Mortgage (the "Mortgage") dated this day of This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Code. The applies de decision -malting body will rodew the information at the pubc hearing to render a recommendation or a final decid on. recorded in Official Records Book , Page , of the Public Records of Miami - 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 Covenant are and shall be binding upon the undersigned and its successors in title. PZ-20-6170 07/08/20 of the IN WITNESS WHEREOF, these presents have been executed this day of , 20 . (Lending Institution) By: Name: Title: Address: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2020, by as , a of 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 day of ,20 Notary Public, State of My Commission Expires: MIADOCS 19511311 1 Declaration of Restrictive Covenant Page 7 of 10 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this , 2020. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 439 NE 82nd Street, LLC This submittal needs to be scheduled for a public hearing In eaordanre whh timelines set forth in the City of Miami Cede. The applica de decision -making body will redew the information at the pubc hearing to render a recommended on or a final decld on. PZ-20-6170 07/08/20 By: Title: Address: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2020, by , as of 439 NE 82nd Street, 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: [ ] 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 , 20 Notary Public, State of My Commission Expires: 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 JOINDER BY MORTGAGEE (Where Applicable) The undersigned, , as Mortgagee certain Mortgage (the "Mortgage") dated this day of This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Code. The applies de decision -malting body will rodew the information at the pubc hearing to render a recommendation or a final decid on. recorded in Official Records Book , Page , of the Public Records of Miami - 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 Covenant are and shall be binding upon the undersigned and its successors in title. PZ-20-6170 07/08/20 of the IN WITNESS WHEREOF, these presents have been executed this day of , 20 . (Lending Institution) By: Name: Title: Address: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2020, by as , a of 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 day of ,20 Notary Public, State of My Commission Expires: MIADOCS 19511311 1 Declaration of Restrictive Covenant Page 8 of 10 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this , 2020. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 505 NE 82nd Street, LLC This submittal needs to be scheduled for a public hearing In eaordanre whh timelines set forth in the City of Miami Cede. The applica de decision -making body will redew the information at the pubc hearing to render a recommended on or a final decld on. PZ-20-6170 07/08/20 By: Title: Address: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2020, by , as of 505 NE 82nd Street, 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: [ ] 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 , 20 Notary Public, State of My Commission Expires: 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 JOINDER BY MORTGAGEE (Where Applicable) The undersigned, , as Mortgagee certain Mortgage (the "Mortgage") dated this day of This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Code. The applies de decision -malting body will rodew the information at the pubc hearing to render a recommendation or a final decid on. recorded in Official Records Book , Page , of the Public Records of Miami - 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 Covenant are and shall be binding upon the undersigned and its successors in title. PZ-20-6170 07/08/20 of the IN WITNESS WHEREOF, these presents have been executed this day of , 20 . (Lending Institution) By: Name: Title: Address: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2020, by as , a of 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 day of ,20 Notary Public, State of My Commission Expires: MIADOCS 19511311 1 Declaration of Restrictive Covenant Page 9 of 10 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this , 2020. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 520 NE 82nd Terrace, LLC This submittal needs to be scheduled for a public hearing In eaordanre whh timelines set forth in the City of Miami Cede. The applica de decision -making body will redew the information at the pubc hearing to render a recommended on or a final decld on. PZ-20-6170 07/08/20 By: Title: Address: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2020, by , as of 520 NE 82nd Terrace, 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: [ ] 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 , 20 Notary Public, State of My Commission Expires: 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 JOINDER BY MORTGAGEE (Where Applicable) The undersigned, , as Mortgagee certain Mortgage (the "Mortgage") dated this day of 2 This submittal needs to be scheduled fora public hearing in accord and wM1h timelines set forth in the City of Miami Code. The applicade decision -making body ...AIL renew the information at the pubc hearing to render e recommendation or a final decision. recorded in Official Records Book , Page , of the Public Records of Miami - 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 Covenant are and shall be binding upon the undersigned and its successors in title. PZ-20-6170 07/08/20 of the IN WITNESS WHEREOF, these presents have been executed this day of , 20 . (Lending Institution) By: Name: Title: Address: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2020, by as , a of 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 day of ,20 Notary Public, State of My Commission Expires: MIADOCS 19511311 1 Declaration of Restrictive Covenant Page 10 of 10 Exhibit A LEGAL DESCRIPTION: LOT2 BLOCK2 SHERRY PARK ACCORDING TO THE PLAT THEREOF AS RECORDED /NPLATBOOK 6.? PAGE 12, OF THE PUBUC RECORDS OFM/AMI-DADE COUNTY FLORIDA. (FOLIO Na.09-3207-054-012O) AND Lai- 3, BLOCK 2. SHERRY PARK ACCORDING TO THE PLAT THEREOFAS RECORDED /N PLAT BOOK 83, PAGE 12, OF THE PUBLIC RECORDS OFMIAMI-DADE COUNTY FLORIDA (FOLIO NO.09 3247-O54-{)1X) AND LOT5. BLOCK2 SHERRY PARK ACCORDING TOTHE RAT THEREOF ASRECORDED INPLATBOOK61, PAGE 12. Of THE PUBLIC RECORDS Of M/AMI-DADD COUNT Y. FLORIDA, (FOLIO NO.01-J207-0544150) LOT2 LESS THE SOUTH 5 FEET IN BLOCK 1, OF BLUE DOME, ACCORDING TO THE PLAT THEREOFAS RECORDED IN PLAT BOOK 42, PAGE64, OF THE PUBLIC RECORDS OFMIAM-DADECOUNTY, FLORIDA, AND Lou LESS THE SOUTN5FEET INBLOCK 1, OF BLUE DOME ACCORDING TO THERAT THEREOFAS RECORDED IN PLAT BOOK 42 PAGE 64. OF THE PUBLIC RECORDS Of M/AMI-LADE COUNTY. FLORIDA. (FOLIO ND.013207-021-00 12) AND LOT4 LESS THE SOUTH 5 FEET IN BLOCK 1, OFBLUE DOME. ACCORDING TO THE PLAT THEREOFAS RECORDED IN RAT BOOK 42 PAGE 64. OF THE PUBLIC RECORDS OF MIAMI--DADE COUNTY, FLORIDA. (FOLIO NO.01.3207 023.0040) AND tor LESS THE SOUTH 5 FEET IN BLOCK 1, OP BLUE DOME ACCORDING TO THE PLAT THEREOF AS RECORDED INPLAT BOOK 42, PAGE 64 OFTHE PUBLIC RECORDS OFMIAM1-DADE COUNTY, FLORIDA (FOLIO NO.01-3207.023.0050) AND LOT 6, LESS THE SOUTH 5 FEET IN BLOCK 1, OF BLUE DOME, ACCORDING 7O THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42, PAGE 64, OF THE PUBLIC RECORDS OF M/AMI-DADE COUNTY FLORIDA (FOLIO NO.01-i207.023-01060) AND LOTS 7 TO 9, INCLUSIVE LESS 82 STREET RIGHT OFWAY..BLOCK 1. OF BLUE DOME ACCORDING TO THE PLAT THERELI- AS RECORDED IN PLAT BOOK 42. PAGE 64 Of THE PUBLIC RECORDS Of MIAMADADE COUNTY, FLORIDA (FOLIO NO.O1-32O7-023- 270) This submittal needs to be scheduled fora public hearing in accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -making body ...AIL renew the information at the pubc hearing to render a recommendation or a final decision. PZ-20-6170 07/08/20 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