HomeMy WebLinkAboutSubmittal - Memo from Planning DepartmentCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:
Arthur Noriega
City Manager
FROM: David Snow
Interim Director
Planning Department
DATE:
April 20, 2022
April 28, 2022 City Commission
Meeting Agenda — PZ. 2
REFERENCES: File Id. No. 11083 (Rezone)
ENCLOSURES: PZ. 2 — Two Covenant 1941 NW 41 St and
20 NW 42 Street
SUBJECT:
The Planning Department respectfully requests the covenant for the above referenced item be substituted in the
April 28, 2022, City Commission meeting agenda. The substitution is due to the applicant's submittal on April 12,
2022 of two covenants instead of one as voluntary proffered on March 10, 2022.
At First Reading before City Commission on March 10, 2022, the applicant offered to proffer a restrictive covenant
to meet the neighbor's needs, to restrict uses on the property when redeveloped in the future.
On March 24, 2022, the item was deferred to allow time for the covenant to be drafted and reviewed. Each site
is owned by a different owner, hence the applicant submitted two covenants rather than one as proffered at City
Commission.
The staff has reviewed the two covenants and provided the following comments:
Covenant for the property located at 19 NW 41 Street:
1- Section 2 use delete the word Beverage from Alcohol Service Establishment;
2. Sunbiz shows DLC Capital Management, LLC as Manager, Jamie Mandel is listed as Manager of DLC Capital
Management, LLL. unsure how Henry Courtney is involved according to public records; and
3. Correct the Planning Department Signature line to read David Snow, Interim Planning Director
Covenant for the property located at 20 NW 42 Street:
1. Section 2 use delete the word Beverage from Alcohol Service Establishment;
2. Inconsistent with the other covenant for 19 NW 41 Street; this one does not contain restrictions for Learning Center
and Dormitory uses;
3. Sunbiz shows DLC Capital Management, LLC as Manager, Jamie Mandel is listed as Manager of DLC Capital
Management, LLL. I am not sure how Henry Courtney is involved according to public records; and
4. Correct the Planning Department Signature line to read David Snow, Interim Planning Director.
C: Victoria Mendez, City Attorney
Nzeribe Ihekwaba, Ph.D, PE, Deputy City Manager
Olga Zamora, Chief of Hearing Boards
Miriam Santana, Agenda Coordinator
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City of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11083 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION FROM "T3-L," SUB -URBAN TRANSECT ZONE — LIMITED,
ti O "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, FOR THE
PROPERTIES LOCATED AT 19 NORTHWEST 41 STREET AND 20
WRTHWEST 42 STREET AND DENYING THE APPLICATION FOR ZONING
;CHANGE FROM "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, TO
" -O," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE PROPERTY
:LOCATED AT 4136 NORTH MIAMI AVENUE, ALL AS MORE PARTICULARLY
:DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
`EVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at approximately 19 Northwest 41 Street and 20
Northwest 42 Street, Miami, Florida (collectively, "Parcel A") are currently zoned "T3-L," Sub -
Urban Transect Zone — Limited; and
WHEREAS, the property located at approximately 4136 North Miami Avenue, Miami,
Florida ("Parcel B") is currently zoned "T4-L," General Urban Transect Zone — Limited; and
WHEREAS, Parcel A and Parcel B (collectively, "Properties") are owned by Perpetual
Love 4136, LLC and Courtney Properties, LLC (collectively, "Applicant''); and
WHEREAS, the Applicant has submitted a request to change the zoning classification
for Parcel A from "T3-L," Sub -Urban Center Transect Zone — Limited, to "T4-L," General Urban
Transect Zone — Limited, and for Parcel B from "T4-L," General Urban Transect Zone — Limited,
to "T5-O," Urban Center Transect Zone — Open; and
WHEREAS, the Properties are an assemblage of approximately 23,724 square feet or
approximately .544-acres and are located along Northwest 41 Street, Northwest 42 Street, and
North Miami Avenue; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code") and changed the
zoning of Parcel A from "R2," Two -Family Residential, to "T3-L," Sub -Urban Transect Zone —
Limited, and Parcel B from "R2," Two -Family Residential, to "T4-L," General Urban Transect
Zone — Limited; and
WHEREAS, the proposed "T4-L", General Urban Transect Zone — Limited, for Parcel A
is inconsistent with the property's Duplex Residential Future Land Use ("FLU") designation and
a Future Land Use Map ("FLUM") amendment is required for the requested rezoning; and
City of Miami Page 1 of 4 File (D: 11083 (Revision: A) Printed On: 412212022
File ID: 11083 Enactment Number:
WHEREAS, the proposed "T5-O", Urban Center Transect Zone — Open, is inconsistent
for Parcel B with the property's "Low Density Restricted Commercial" FLU designation and a
FLUM amendment is required for the requested rezoning; and
WHEREAS, the Applicant has submitted a request for a FLUM amendment, companion
item PZ-20-8033, from "Duplex Residential" to "Low Density Restricted Commercial" for Parcel
A and from "Low Density Restricted Commercial" to "General Commercial" for Parcel B; and
WHEREAS, the Properties abut the Buena Vista East Historic District to the east; and
WHEREAS, zoning in the surrounding areas are "T3-L", Sub -Urban Transect Zone —
Limited, and "T4-L", General Urban Transect Zone — Limited, to the north; "T4-L", General
Urban Transect Zone — Limited, and "T5-O", Urban Center Transect Zone — Open, to the south;
"T3-0", Sub -Urban Transect Zone — Open, "T4-O", General Urban Transect Zone - Open, and
"T5-O", Urban Center Transect Zone — Open, to the east; and "T3-L", Sub -Urban Center
Transect Zone — Limited, and "T4-L", General Urban Transect Zone -- Limited, to the west of the
Property; and
WHEREAS, the Planning Department reviewed the application and found that the
proposed rezoning from "T3-L", Sub -Urban Transect Zone — Limited, to "T4-L", General Urban
Transect Zone — Limited, is successional and deemed the request appropriate considering the
goals and objectives of the Miami 21 Code; and
WHEREAS, the Planning Department reviewed the application and found that:the � ,y j
;
proposed rezoning from ""T4-L", General Urban Transect Zone — Limited, to "T5-O'", Urban I~;
Center Transect Zone — Open, is successional but inappropriate considering the goals and '. m
objectives of the Miami 21 Code; and C
WHEREAS, a review of the former Zoning Ordinance No. 11000 shows that thie `:
Properties were designated "R-2' Duplex Zoning District, the equivalent of "T3-O", Sub;- Wrban)
Transect Zone — Open (18 DU/AC); and -
WHEREAS, the proposed rezoning of Parcel A from "T3-L", Sub -Urban Transect Zone —
Limited, to "T4-L", Genera! Urban Transect Zone — Limited, increases residential density from 9
dwelling units per acre to 36 dwelling units per acre and increases the maximum number of
stories from two (2) to three (3) By Right; and
WHEREAS, the proposed rezoning of Parcel B from "T4-L", General Urban Transect
Zone — Limited, to 'T5-O", Urban Transect Zone — Open, increases residential density from 36
dwelling units per acre to 65 dwelling units per acre and increases the maximum number of
stories from three (3) to five (5) By Right; and
WHEREAS, the residential intensity increased by the proposed "T4-L," General Urban
Transect Zone - Limited, is supported based on the historic development patterns within the
neighborhood which are primarily low and medium density residential; and
WHEREAS, the residential intensity increased by the proposed "T5-O," Urban Center
Transect Zone - Open, is not supported based on the historic development patterns within the
neighborhood which are primarily low and medium density residential; and
WHEREAS, the Applicant was encouraged to conduct community outreach with
neighborhood groups, including the Buena Vista East Homeowners Association; and
City of Miami Page 2 of 4 File ID: 11083 (Revision: A) Printed on: 4/2212022
File ID: 11033 Enactment Number:
WHEREAS, the Planning Department recommends approval for rezoning of Parcel A
from '°T3-L," Sub -Urban Transect Zone — Limited, to °'T4-L," General Urban Transect Zone —
Limited, as the application meets the criteria set forth in Article 7, Section 7.1.2.8 of the Miami
21 Code; and
WHEREAS, the Planning Department recommends denial of the rezoning for Parcel B
from "T4-L," General Urban Transect Zone — Limited, to "T5-O," Urban Center Transect Zone -
Open, as the application does not meet the criteria set forth in Article 7, Section 7.1.2.8 of the
Miami 21 Code; and
WHEREAS, the City Commission has considered the need and justification for the
proposed rezoning, including changing and changed conditions that make the rezoning
necessary; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and all other City
regulations; and
WHEREAS, the proposed rezoning of Parcel A from"T3-L," Sub -Urban Transect Zone —
Limited, to `°T4-L," General Urban Transect Zone — Limited, is deemed appropriate considering
the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties;
and
WHEREAS, the proposed rezoning of Parcel B from "T4-L," General Urban Trarrect
Zone — Limited, to "T5-O," Urban Center Transect Zone — Open, is deemed inappropriatbc, i
considering the intent of the Miami 21 Code and particularly in relation to the effects or1_ F'
adjoining properties; and
WHEREAS, the proposed rezoning of Parcel A from "T3-L," Sub -Urban Transect'Zone ;s
Limited, to °'T4-L," General Urban Transect Zone — Limited, maintains the goals of the Mi lmi 21
Code to preserve neighborhoods and provide transitions in Density, Intensity, and building ---
Height; and
WHEREAS, the proposed rezoning of Parcel B from "T4-L," General Urban Transect
Zone — Limited, to "T5-O," Urban Center Transect Zone — Open, does not maintain the goals of
the Miami 21 Code to preserve neighborhoods and provide transitions in Density, Intensity, and
building Height; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
November 17, 2021 following an advertised public hearing, adopted Resolution No. PZAB-R-21-
051 by a vote of eight to zero (8-0), Item No. PZAB.4, recommending denial of the rezoning;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Zoning Atlas of the Miami 21 Code is amended by changing the zoning
classification from "T3-L," Sub -Urban Transect Zone — Limited, to "T4-L," General Urban
Transect Zone — Limited, for Parcel A.
City of Miami Page 3 of 4 File 1D: 11083 (Revision: A) Printed on: 4/22/2022
File ID: 11083
Enactment Number:
Section 3. The City Commission denies the Applicant's request to amend the Zoning
Atlas of the Miami 21 Code by changing the zoning classification from "T4-L," General Urban
Transect Zone — Limited, to "T5-O," Urban Center Transect Zone — Open, for Parcel S.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof, pursuant and subject to Section 163,3184(12), Florida Statutes
and Section 163.3187(5)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity 1/18/2022
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1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
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City of Miami Page 4 of 4 File ID: 11083 (Revision: A) Printed on: 4/22/2022
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): 01-3124-020-0860
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OFFICE OF CITY Ci_Eitli
CITY OF'h1IAMI
(Space Above for Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of April, 2022, by Perpetual Love 4I36, LLC, a Delaware limited liability
company having offices at 110 Merrick Way, #3A, Coral Gables, Florida 33134 (the "Owner"),
in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City").
WITNESSETH:
WHEREAS, Owner holds fee -simple title to certain property in the City of Miami,
Florida, located at 20 NW 42 Street, legally described in Exhibit "A" attached hereto and made
a part hereof (the "Property"); and
WHEREAS, Owner has filed an application with the City requesting to change the
Property's zoning classification from T3-L to T4-L (the "Application"); and
WHEREAS, the City Commission voted to adopt the Application, following duly noticed
public hearings, subject to the restrictions set forth in this Declaration;
NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy
of which are hereby acknowledged, voluntarily covenants and agrees that the Property shall be
subject to the following restrictions that are intended and shall be deemed to be a covenant
Declaration of Restrictive Covenants
Folio No(s): 01-3124-020-1020
RECE P 6 f. D
2:22 APR Z is !?: 2
OFFICE OF Tip = C; fV CL /iii
running with the land and binding upon the Owner of the Property, and its heirs, RiXtilEs7lIAlli
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: Notwithstanding the adoption of the Application and the
subsequent change of zoning to T4-L, the Property shall not be used for any one or more of the
following uses for any reason(s) whatsoever: (i) Community Residence; (ii) Two Family
Residence; (iii) Live — Work; (iv) Bed & Breakfast; (v) Food Service Establishment, not
including ancillary cafe uses; (vi) Alcohol Beverage Service Establishment; (vii) Community
Facility; (viii) Religious Facility; (ix) Community Support Facility; (x) Infrastructure and
Utilities; (xi) Public Parking; and/or (xii) Transit Facility, The preceding capitalized terms shall
have the meanings set forth in Miami 21 at the time the Application was adopted (collectively
referred to hereinafter as the "Prohibited Uses"). In addition to the Prohibited Uses, the Property
shall not be used for any one or more of the following services for any reason(s) whatsoever: (i)
fortune teller(s); (ii) express delivery service(s); (iii) funeral home(s); (iv) repair service
establishment(s); (v) auto -related and/or marine -related establishment(s), (vi) commercial
storage facilities; and/or (vii) pawn shop(s) (collectively the "Prohibited Services").
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
2
Declaration of Restrictive Covenants
Folio No(s): 01-3124-020-1020
Public Records of Miami -Dade County, Florida. These restrictislllt i?tifrLiV`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.
5. Inspection and Enforcement. It is understood and agreed that any official
inspector of the City of Miami may have the right at any time during normal working hours of
the City of 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 or any resident
located within a five -hundred -foot radius of the Property boundaries 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
RECEIVED
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Declaration of Restrictive Covenants «� �Pt°'1 �� j
Folio No(s): 01-3124-020-1020 �}[-{ (�L r�
C I iCE 0r�i ��� +� lY ii
election of remedies, nor shall it preclude the party exercising the 'siilicerrorrt, ercismg 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.
8. Severability. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of this Declaration, which shall remain in full force
and 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.
4
Declaration of Restrictive Covenants
Folio No(s): 01-3124-020-1020
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
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Declaration of Restrictive Covenants
Folio No(s): 01-3124-020-1020
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
April, 2022.
Witnessed by:
Name:
Name:
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE)
Perpetual Love 4136, L.L.C., a Delaware
limited liability company
By:
Henry Courtney, its Manager
The foregoing instrument was acknowledged before me, by means of physical
presence OR online notarization, this day of , 20 by
, of . He personally appeared
before me, is personally known to me or produced as identification.
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
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Declaration of Restrictive Covenants
Folio No(s): 01-3124-020-1020
APPROVED AS TO CONTENTS:
David R. Snow
Planning Interim Director
Daniel Goldberg
Zoning Administrator
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez, Esq.
City Attorney
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Declaration of Restrictive Covenants
Folio No(s): 0I-3124-020-1020
Exhibit "A"
Lot 22, BIock 5, of "AMENDED PLAT BUENA VISTA HEIGHTS ADDITION TO THE CITY
OF MIAMI, FLORIDA FOR BUENA VISTA INVESTMENT CO", according to the Plat
thereof as recorded in Plat Book 3, at Page 22, of the Public Records of Miami -Dade County,
Florida.
8
Document prepared by:
Office of City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-I910
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): 01-3124-020-0860
ZC2ZAPR26 PH12:2t
OFFICE GI' 1 f,,E Cl1 Y CLEM
CITY OF NAM
(Space Above for Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of April, 2022, by Courtney Properties, L.L.C., a Florida limited liability
company having offices at 110 Merrick Way, #3A, Coral Gables, Florida 33134 (the "Owner"),
in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City").
WITNESSETH:
WHEREAS, Owner holds fee -simple title to certain property in the City of Miami,
Florida, located at 19 NW 41 Street, legally described in Exhibit "A" attached hereto and made
a part hereof (the "Property"); and
WHEREAS, Owner has filed an application with the City requesting to change the
Property's zoning classification from T3-L to T4-L (the "Application"); and
WHEREAS, the City Commission voted to adopt the Application, following duly noticed
public hearings, subject to the restrictions set forth in this Declaration;
NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy
of which are hereby acknowledged, voluntarily covenants and agrees that the Property shall be
subject to the following restrictions that are intended and shall be deemed to be a covenant
Declaration of Restrictive Covenants f.li��; 2a
Folio No(s): 01-3124-020-0860 1`
OFFICEG; i;, O";
running with the land and binding upon the Owner of the Property, aneliitYlf rp lrr t'eES',:
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: Notwithstanding the adoption of the Application and the
subsequent change of zoning to T4-L, the Property shall not be used for any one or more of the
following uses for any reason(s) whatsoever: (i) Community Residence; (ii) Two Family
Residence; (iii) Dormitory; (iv) Live — Work; (v) Bed & Breakfast; (vi) Food Service
Establishment, not including ancillary cafe uses; (vii) Alcohol Beverage Service Establishment;
(viii) Community Facility; (ix) Religious Facility; (x) Community Support Facility; (xi)
Infrastructure and Utilities; (xii) Public Parking; (xiii) Transit Facility; and/or (xiv) Learning
Center. The preceding capitalized terms shall have the meanings set forth in Miami 21 at the
time the Application was adopted (collectively referred to hereinafter as the `Prohibited Uses").
In addition to the Prohibited Uses, the Property shall not be used for any one or more of the
following services for any reason(s) whatsoever: (i) fortune teller(s); (ii) express delivery
service(s); (iii) funeral home(s); (iv) repair service establishment(s); (v) auto -related and/or
marine -related establishment(s), (vi) commercial storage facilities; and/or (vii) pawn shop(s)
(collectively the "Prohibited Services").
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
2
Declaration of Restrictive Covenants
Folio No(s): 01-3124-020-0860
R E
22 APR 26 Ps'' 12: 22
OFFICE
Public Records of Miami -Dade County, Florida. These restrictions sha
to tiiOrinfii 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 (I0) years, unless
modified, amended or released prior to the expiration thereof.
5. Inspection and Enforcement. It is understood and agreed that any official
inspector of the City of Miami may have the right at any time during normal working hours of
the City of 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 or any resident
located within a five -hundred -foot radius of the Property boundaries 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
3
Declaration of Restrictive Covenants
Folio No(s): 01-3124-020-0860
SEC
0
APR 2G iH!2:22
election of remedies, nor shall it preclude the party exercising the sarge F Oexet tsittgfseEpR
1rY tJf'IIr�I
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.
8. Severability. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of this Declaration, which shall remain in full force
and 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 Sinature. 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.
4
Declaration of Restrictive Covenants
Folio No(s): 01-3124-020-0860
I 1. 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
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Declaration of Restrictive Covenants
Folio No(s): 01-3124-020-0860
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
April, 2022.
Witnessed by:
Name:
Name:
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-LADE)
Courtney Properties, L.L.C., a Florida
limited liability company
By:
Henry Courtney, its Manager
The foregoing instrument was acknowledged before rne, by means of physical
presence OR online notarization, this day of , 20_ by
, of . He personally appeared
before me, is personally known to me or produced as identification.
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
6
Declaration of Restrictive Covenants
Folio No(s): 01-3124-020-0860
APPROVED AS TO CONTENTS:
David R. Snow
Planning Interim Director
Daniel Goldberg
Zoning Administrator
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez, Esq.
City Attorney
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Declaration of Restrictive Covenants
Folio No(s): 01-3124-020-0860
Exhibit "A"
Lot 3, Block 5, of "BUENA VISTA HEIGHTS ADDITION AMENDED PLAT", according to
the Plat thereof, as recorded in Plat Book 3, at Page 22, of the Public Records of Miami -Dade
County, Florida.
8