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HomeMy WebLinkAboutPartial Release of Declaration of Restrictive CovenantThis instrument was prepared by: Alexander I. Tachmes, Esq. Shutts & Bowen LLP 200 S. Biscayne Boulevard, Suite 4100 Miami, Florida 33131 PARTIAL RELEASE OF DECLARATION OF RESTRICTIVE COVENANT 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 pubec hearing to render a recommendation or a final decid on. PZ-20-6170 07/14/20 THIS PARTIAL RELEASE OF DECLARATION OF RESTRICTIVE COVENANT (this "Partial Release") is made and entered into as of the 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 (collectively, the "Owner") and the City of Miami, Florida (the "City"). WHEREAS: WHEREAS, 82nd Apartments, LP is the owner of 460 NE 82nd Terrace, 500 NE 82nd Terrace, 437 NE 82nd Street, and 433 NE 82nd Street; WHEREAS, 505 NE 82nd Street, LLC is the owner of 505 NE 82nd Street; WHEREAS, 520 NE 82nd Terrace, LLC is the owner of 520 NE 82nd Terrace; WHEREAS, 421 82 St, LLC is the owner of 421 NE 82nd Street; WHEREAS, 439 NE 82nd Street, LLC is the owner of 439 NE 82nd Street (collectively, the "Property"); WHEREAS, the Property is more particularly described in Exhibit A, attached and incorporated herein; WHEREAS, pursuant to that certain Declaration of Restrictive Covenant dated March 3, 2020, and recorded on [ ] in Official Records Book [ ], Page [ ], of the Public Records of Miami -Dade County, Florida (the "Covenant"), the Owner voluntarily proffered to the City certain restrictions to the Property associated with a rezoning of the Property from T5-R to T6-8(0), specifically as follows: (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"). Said plans are on file with the City of Miami, and deemed incorporated herein. (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. 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 (4) There shall be no retail uses permitted along the NE 82 Terrace Property. WHEREAS, the Owner has requested a partial release of the Covenant, s release as to the following restrictions: This submittal needs tote scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The appal de decision -malting body will rodew the information at the pubc hearing to render a recommendation or a finaldecid on. PZ-20-6170 07/14/20 (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"). Said plans are on file with the City of Miami, and deemed incorporated herein. (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. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and City agree as follows: A. The above recitals are true and correct and incorporated herein by reference. B. The Covenant is hereby partially released and shall have no further force or effect as to the following restrictions: (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"). Said plans are on file with the City of Miami, and deemed incorporated herein. (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. C. The Covenant shall continue to remain effective with respect to the remaining restriction. IN WITNESS WHEREOF, the parties have caused this Partial Release to be executed as of the day and year first above written. [Signature Pages to Follows] 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 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of, 2020. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 82nd Apartments, LP By: Title: Address: 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 pubec hearing to render a recommendation or a final decid on. PZ-20-6170 07/14/20 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. IN WITNESS WHEREOF, these presents have been executed this 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 under that certain Mortgage (the "Mort this day of , 20 , and recorded in Official Records Book , of the Public Records of Miami -Dade County, Florida, covering all/or a portion o 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. This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applies de decision -malting body NOR rodew the information at the pubc hearing to render a recommendation or a finaldecid on. PZ-20-6170 07/14/20 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 of , a 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. IN WITNESS WHEREOF, these presents have been executed this 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 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 42182 St, LLC By: Title: Address: 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 pubec hearing to render a recommendation or a final decid on. PZ-20-6170 07/14/20 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. IN WITNESS WHEREOF, these presents have been executed this 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 under that certain Mortgage (the "Mort this day of , 20 , and recorded in Official Records Book , of the Public Records of Miami -Dade County, Florida, covering all/or a portion o 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. This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applies de decision -malting body NOR rodew the information at the pubc hearing to render a recommendation or a finaldecid on. PZ-20-6170 07/14/20 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 of , a 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 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 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 439 NE 82nd Street, LLC By: Title: Address: 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 pubec hearing to render a recommendation or a final decid on. PZ-20-6170 07/14/20 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 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 under that certain Mortgage (the "Mort this day of , 20 , and recorded in Official Records Book , of the Public Records of Miami -Dade County, Florida, covering all/or a portion o 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. This submittal needs to be scheduled for a puboc 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. PZ-20-6170 07/14/20 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 of , a 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 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 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 505 NE 82nd Street, LLC By: Title: Address: 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 pubec hearing to render a recommendation or a final decid on. PZ-20-6170 07/14/20 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 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 under that certain Mortgage (the "Mort this day of , 20 , and recorded in Official Records Book , of the Public Records of Miami -Dade County, Florida, covering all/or a portion o 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. This submittal needs to be scheduled for a puboc 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. PZ-20-6170 07/14/20 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 of ,a 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 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 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 520 NE 82nd Terrace, LLC By: Title: Address: 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 pubec hearing to render a recommendation or a final decid on. PZ-20-6170 07/14/20 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 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 under that certain Mortgage (the "Mort this day of , 20 , and recorded in Official Records Book , of the Public Records of Miami -Dade County, Florida, covering all/or a portion o 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. This submittal needs to be scheduled for a puboc 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. PZ-20-6170 07/14/20 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 of ,a 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 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 PU$LT N Ve Exhibit A LEGAL DESCRIPTION: LOT 2 BLOCK 2 SHERRY PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 12, OF THE PUBLIC RECORDS OFA11AMI-DADE COUNTY.. FLORIDA. /FOLIC? No 11#.320/.654-4124J AND LOT 3, BLOCK 2 SHERRY PARK ACCORDING TO THE PL4 r THEREOF AS RECORDED IN FLAT BOOK 63, PAGE 12, OF 771E PUBJ /C RFCORDS OF MIAMI-DADF COUNTY. FI ORIDA (F0110 NO 01-3X17-051141X9 AND LOT 5, BLOC, 2. SHERRY FART( ACCORDING TO THL: PLAT THEREOF AS RECORDED INPLAT BOOK84 PAGE 12. OF THE PUBLIC RECORDS OF M/AM1-0ADE COUNTY, FLORIDA. (FOLIO NO 0142Q7-05FOfdXX LOT 2 LESS THE SOUTH 5 FEET IN BLOCK 1. OF FLUE DOME. ACCORD/A/C TO THE PLAT THEREOF AS RECORDED INFLAT BOOK 47, FAGF 64 OF THE PURI IC RFCOPDS OFMIA,Nl-DADF COMM', FL ORIDA AND 101 ) 1 FSS THE SOUTH 5 FFFT IN RI OCK 1 OF E1OF IJOMF ACCOIdD/NG 10 THE PI AT THFRFOT AS RECORDED IN PLAT 800K 42. PAC& 64. Of THE PUBLIC RECORDS OIL MIAMI DARE COUNTY, FLORIDA (FOLIO NO. ©1.7207-0234121) AND LOT4 LESS THE SOUTH 5FEET INBLOCK 1, OFBLUEDOVE ACCORDING TD 77aEPL47" THEREOF AS RECORDED IN PLAT BOOR 42 PAGE 64. OF THE PuEL/C RECORDS OF MIAMI DADS' COUNTY, FLORIDA (FOLIO 4Y? p1-3201-423-00401 AND LOTS. LESS TIME SOUTH 5 FEET IN 6L OCK 1, OF BLUE DOME, ACCORDING TO THE PLAT THEREOF AS RFCORDFD INPIATBOOK 42,, PAGE 64, OF THE PUN IC RECORDS OFIa11A4I1DADF COUNTY, FL ORIDA (FLaf /0 NO o1-S207.O23 0) AND Lora, LESS THE SOUPI5FEET /NeLOCx 1. OF SLUE DOME, ACCACCORPINO TO THE PLAT THEREofAs RECORDED IN PLAT BOOK 42, PAGE 64. OF TYE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA (FOLIO NC] i11-.7237 i2,7dQ W1 AND LOTS 1' f0 9, INCLUSIVE LESS 62 STREET RIGHT OF WAY..BLOCX 1. OF BL UL DOME. ACCORDING TO THC PLAI THEREOF AS RECORDED IN FLAT BOOK 42 PAGE Fa Of THE PUBLIC RECORDS 01- MIAMI-DADE COUNTY, FLORIDA (FOLIO NO 01-3207-423-02701 NOTICE 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. 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 44, 'VIEW COvQ PZ-20-6170 07/14/20