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HomeMy WebLinkAboutCovenant (First Reading 6.24.2021 - Obsolete)Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Planning Department, Attn: Planning Director 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130-1910 Folio No(s): 01-4116-008-0011, 01-4116-008-0010 This submittal needs to be scheduled for a public bearing In accordance wit timelines eel form In the City of Miami Code. The applicatte decision -making body Mil reenwthe inbnnadon at the public bearing to antlers recommendatlon or a final decision. PZ-19-4416 03/22/21 (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of February, 2021, by 27TH AVENUE AND CORAL WAY, LLC, , a Florida limited liability company having offices at 2199 Ponce de Leon Boulevard, Coral Gables, Florida, 33134 and 27TH AVENUE AND CORAL WAY 2, LLC, a Florida limited liability having offices at 2199 Ponce de Leon Boulevard, Coral Gables, Florida, 33134 (collectively, the "Owners"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, Owners holds fee -simple title to certain property in the City of Miami, Florida, located at 2200 SW 27 Avenue and 2222 SW 27 Avenue in Miami, Florida, legally described in Exhibit A attached hereto and made a part hereof (the "Property"); and WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No. for the Property; and WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure and affirm that the Property shall be developed in accordance with the provisions of the Declaration herein. Declaration of Restrictive Covenants Folio No(s): 01-4116-008-0011, 01-4116-008-0010 NOW THEREFORE, the Owner, for valuable consideration, the receipt and This submittal needs to be scheduled for a public bearing In accordance wit timelines eel form In the City of Miami Code. The applicatte decision -making body Mil reenwthe inbnnadon at the public bearing to antlers recommendatlon or a final decision. PZ-19-4416 03/22/21 which are hereby acknowledged, voluntarily covenants and agrees that the Property shall 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, grantees, successors, and assigns as follows: 1. Recitals. 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. 2. Use/Restriction: At the time of a Temporary Certificate of Occupancy and prior to the issuance of a new certificate of occupancy, the Owner shall contribute $100,000 to the City of Miami towards right-of-way improvements along along SW 22nd Terrace in the area of the Property. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records, and shall be automatically extended for periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 2 Declaration of Restrictive Covenants Folio No(s): 01-4116-008-0011, 01-4116-008-0010 5. Inspection and Enforcement. It is understood and agreed that any offic This submittal needs to be scheduled for a public bearing In accordance wit timelines eel form In the City of Miami Code. The applicatte decision -making body Mil reenwthe inbnnadon at the public bearing to antlers recommendatlon or a final decision. PZ-19-4416 03/22/21 of the City of Miami may have the right at any time during normal working hours of the City Miami's inspector to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at 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. This enforcement provision shall be in addition to any other remedies available under the law. 6. Cumulative. All rights, remedies, and privileges gained 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 as may be available to it. 7. Amendment, Modification, Release. This instrument may be modified, amended, or released as to any portion or all of the Property only after the occurrence of a public hearing before, and approval from, the City Commission. Any amendment, modification, or release shall be executed by the Planning Director and the Zoning Administrator, or their successor or designee, and be in a form acceptable to the City Attorney. 3 Declaration of Restrictive Covenants Folio No(s): 01-4116-008-0011, 01-4116-008-0010 8. Severability. Invalidation of any one of these covenants by judgment o Thlssudmittel needs m scheduled for a ph hearing In accordance welt onreones set for. In the City of Warm Cede. The applica He 'Seamen -means hotly seal reeewiheinfomadon et the pub. tearing. MM.a recommendation or a tirade... not affect any of the other provisions of this Declaration, which shall remain in full force an effect. 9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 10. Counterparts/Electronic Signature. This Declaration may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration. The parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. 11. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors, or assigns. SIGNATURE PAGES TO FOLLOW 4 Declaration of Restrictive Covenants Folio No(s): 01-4116-008-0011, 01-4116-008-0010 IN WITNESS WHEREOF, the undersigned has set his hand and seal this February, 2021. WITNESSES: OWNER: Signature Print Name Thls submittal needs m scheduled for a ph hearing In accordance welt ome.. set for. In the City of Warm Cede. The epplicabe 'Seamen -reeling hotly seal reeewiheinbnnadon et the public tearing. MM.a recommendation or a tirade... 27TH AVENUE AND CORAL WAY, LLC Managing Member / Partner Name: Pablo L. Cejas Title: AMBR Signature 2199 PONCE DE LEON BOULEVARD CORAL GABLES, FL 33134 Print Name STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged by means of U physical presence or U online notarization before me by Pablo L. Cejas, the AMBR of 27TH AVENUE AND CORAL WAY, LLC, on behalf of the limited liability company. He is U personally known to me or U has produced , as identification. Name: Notary Public, State of Florida Commission No. My commission expires: 5 Declaration of Restrictive Covenants Folio No(s): 01-4116-008-0011, 01-4116-008-0010 1 IN WITNESS WHEREOF, the undersigned has set his hand and seal this February, 2021. WITNESSES: OWNER: Signature Print Name Thls submittal needs m scheduled for a ph hearing In accordance welt ome.. set for. In the City of Warm Cede. The epplicabe 'Seamen -reeling hotly seal reeewiheinbnnadon et the public tearing. MM.a recommendation or a tirade... 27TH AVENUE AND CORAL WAY 2, LLC Managing Member / Partner Name: Pablo L. Cejas Title: AMBR Signature 2199 PONCE DE LEON BOULEVARD CORAL GABLES, FL 33134 Print Name STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged by means of U physical presence or U online notarization before me by Pablo L. Cejas, the AMBR of 27TH AVENUE AND CORAL WAY 2, LLC, on behalf of the limited liability company. He is U personally known to me or U has produced , as identification. Name: Notary Public, State of Florida Commission No. My commission expires: 6 Declaration of Restrictive Covenants Folio No(s): 01-4116-008-0011, 01-4116-008-0010 APPROVED AS TO CONTENTS: Cesar M. Garcia -Pons Planning Director Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney 7 Thlssudmittel needs m scheduled for a ph hearing In accordance welt onreones set for. In the City of Warm Cede. The applica He decision -melting hotly seal reeewiheinfomadon et the pub. tearing. MM.a recommendation or a tirade... Declaration of Restrictive Covenants Folio No(s): 01-4116-008-0011, 01-4116-008-0010 Exhibit A All of Lots 1 and 2 and the East 25 feet of Lot 3, Block L of MIAMI SUBURBAN ACRES, according to the Hat thereof, recorded In Plat Book 2, at Page 84 of the Public Records of Miami -Dade County, Florida; save, and excepting therefrom, the following: the North 32.8 feet, the East 35 feet and the South 1U feet for street right of way. 8 This submittal needs m be acbedult f tar a public bearing in vet timlines accordance eset forth in the City of Miami Cede. The applicable decision -malting hotly will reeewthe information et the public tearing. MM.a recommendation or a final decision.