HomeMy WebLinkAboutExhibit BDocument prepared by:
Office of City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Return Recorded Copy to:
City of Miami
Office of Zoning, Attn.: Zoning Administrator
444 S.W. 2nd Avenue, 2nd Floor
Miami, FL 33130-1910
Folio No: 01-3231-036-0021
SECOND AMENDED RESTRICTIVE COVENANT
KNOW ALL BY THESE PRESENT that the undersigned, HOST BISCAYNE BAY LAND
LLC, a Delaware limited liability company (hereinafter, the "Owner") hereby makes, declares, and
imposes on the land herein described, this Second Amended Restrictive Covenant ("Second
Amended Covenant"), in favor of the CITY OF MIAMI, a municipal corporation (hereinafter, the
"City"), as accepted by the City under City Commission Resolution No.
WHEREAS, Owner is the owner of that certain real property located at 1633 North
Bayshore Drive, Miami, FL, 33132, which land is more particularly described on Exhibit A
attached hereto and incorporated herein (the "Property"); and
WHEREAS, on May 4, 1972, Owner's predecessor in interest Florida East Coast Properties,
Inc. ("FECI") entered into a Restrictive Covenant agreement with the City, as recorded in Official
Records Book 7878, Page 266 of the Public Records of Miami -Dade County, Florida (the
"Covenant") regarding development of the Property; and
WHEREAS, on February 28, 1980, FECI entered into an Amended Restrictive Covenant
agreement with the City, as recorded in Official Records Book 10684, Page 1729 of the Public
Records of Miami -Dade County, Florida (the "Amended Covenant") that amended the Covenant
related to development of the Property; and
WHEREAS, the Amended Covenant provides that a 50 foot setback requirement from the
shoreline of Biscayne Bay must be observed at the Property; and
WHEREAS, in 1982, FECI developed a hotel on the Property in accordance with the terms
of the Amended Covenant; and
WHEREAS, Owner is now proposing to renovate the hotel to include a two (2) story
ballroom/event space with related indoor and outdoor amenities encroaching into the 50 foot
setback area set forth under the Amended Covenant; and
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WHEREAS, Owner is seeking to modify the Amended Covenant to provide that a 25 foot
setback requirement from the shoreline of Biscayne Bay may be observed at the Property for this
hotel ballroom/event space; and
WHEREAS, pursuant to Section 3(mm)(iii) of the City Charter, waterfront setback
requirements may be modified by the City Commission after design and site -plan review and
public hearing if the City Commission determines that the modifications requested provide public
benefits such as direct public access, plaza dedications, or comparable benefits which promote a
better urban environment and public advantages, or which preserve natural features; and
WHEREAS, in consideration for this waiver of the 50 foot setback requirement by the City
Commission, Owner is providing public benefits that promote a better urban environment and
public advantages, in the form of a publicly accessible waterfront patio; and
WHEREAS, Owner shall be responsible for maintaining the waterfront patio and enforcing
rules for its use that are generally consistent with the City's park regulations set forth under Chapter
38 of the City Code; and
WHEREAS, the City desires to accept this Second Amended Covenant on behalf of the City
of Miami and deems said restrictive covenant agreement to be in the best interest and general
overall welfare of the City of Miami for the improvements to the Property described above.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Owner hereby agrees as follows:
1. Recitals. The above recitals and findings set forth preamble of this Second Amended
Covenant are true and correct and are hereby adopted by reference and incorporated herein as if
fully set forth in this Section.
2. Modified Setback for Ballroom Improvements. Subsection 2.B of the Covenant,
previously modified by the Amended Covenant, is hereby further amended to provide that:
Notwithstanding anything to the contrary herein, the proposed ballroom/event space for
the existing hotel up to two (2) stories in height with related indoor and outdoor amenities,
including but not limited to accessory use hotel dining (collectively, the "Ballroom
Improvements"), is permitted to be setback only 25 feet from the shoreline of Biscayne
Bay. The sketches, drawings, renderings, and models of the Ballroom Improvements, made
part of the record under City Commission Resolution No. and incorporated
herein by reference, will be substantially complied with.
3. Publicly Accessible Waterfront Patio. Section 2 of the Covenant is hereby amended to
also include the following new subsection:
D. It is understood and agreed that, in conjunction with Owner's development of the
Ballroom Improvements, Owner shall construct on and improve the existing elevated patio
with landscaping, hardscaping, lighting, and furniture upgrades generally in accordance
with the plans incorporated herein (the "Outdoor Patio"). The Outdoor Patio shall remain
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Folio No. 01-3231-036-0021
open to the public between sunrise and sunset every day for the purposes of viewing
Biscayne Bay and other passive recreational activities. The Outdoor Patio may include a
gated entry for security purposes that is closed overnight outside of these daily hours.
Owner shall ensure that the Outdoor Patio is continuously maintained in a safe and well -
kept manner, so as not to pose a safety hazard to the public and to be aesthetically pleasing
in this highly visible waterfront location, and Owner may establish and enforce rules for
use of the Outdoor Patio to do so that are generally consistent with the City's park
regulations set forth under Chapter 38 of the City Code. Notwithstanding the foregoing,
temporary closures of the Outdoor Patio to the public may be permitted (i) for such periods
of time as may be reasonably required for construction, repairs, and maintenance to the
Outdoor Patio, or (ii) under temporary emergency circumstances.
4. Remainder of Covenant. Except as modified herein, all terms and provisions of the
Covenant, as previously modified by the Amended Covenant, shall remain in full force and effect
and binding on Owner. All references to the Covenant shall hereinafter refer to the Covenant as
modified by the first and second amendments to the Covenant.
5. Counterparts/Electronic Signature. This Second Amended Covenant 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 Second Amended Covenant. The
parties shall be entitled to sign and transmit an electronic signature of this Second Amended
Covenant (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 Second Amended
Covenant upon request.
6. Recordation. This Second Amended Covenant will be e-recorded by the City of Miami,
at the Owner's expense, in the Public Records of Miami -Dade County, Florida upon full execution.
[Signature Pages to Follow]
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Folio No. 01-3231-036-0021
Signed, witnessed, executed and acknowledged this day of , 2024.
(TWO WITNESSES FOR EACH PERSON SIGNING).
Witnesses:
Print Name:
Address:
Print Name:
Address:
STATE OF
COUNTY OF
) SS
HOST BISCAYNE BAY LAND LLC,
a Delaware limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me by means of ❑physical presence
OR ❑ online notarization, this day of , 2024, by
as of HOST BISCAYNE BAY LAND LLC, a Delaware limited
liability company. Personally Known ❑ or Produced Identification❑.
Type of Identification Produced
Print or Stamp Name:
Notary Public, State of
Commission No.: #
My Commission Expires:
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Folio No. 01-3231-036-0021
Signed, witnessed, executed and acknowledged this day of , 2024.
ATTEST: THE CITY OF MIAMI,
a Florida municipal corporation
Todd Hannon, City Clerk By:
APPROVAL FROM THE ZONING
DEPARTMENT AS TO CONTENT:
Daniel S. Goldberg, Zoning Administrator
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
George Wysong, City Attorney
Arthur Noriega V, City Manager
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Folio No. 01-3231-036-0021
EXHIBIT A
THE PROPERTY
LEGAL DESCRIPTION:
THE SOUTH 172 FEET OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF, TRACT B OF OMNI INTERNATIONAL, PLAT BOOK 102, AT
PAGE 3, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE EAST 5.6 FEET THEREOF
Also known as:
Folio:
1633 North Bayshore Drive, Miami, FL, 33132
01-3231-036-0021
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