HomeMy WebLinkAboutSubmittal-Carlos Diaz-Amended and Restated Declaration of Restrictive CovenantsSubmitted into the p
record lfor iltengs)
on
This instrument prepared by:
Iris Escarra, Esq.
Greenberg Traurig
333 Avenue of the Americas, Suite 4400
Miami, FL 33131
City Cleric
CFN: 20250621327 BOOK 34895 PAGE 4337
DATE:08/13/2025 02:04:56 PM
JUAN FERNANDEZ-BARQUIN
CLERK OF THE COURT & COMPTROLLER
MIAMI-DADE COUNTY, FL
(Space Reserved for Clerk )
AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS
This Amended and Restated Declaration of Restrictive Covenants (the "Declaration") t made
this 21' day of April, 2025, by E.S. Windows Real Estate, LLC, a Florida limited liability company
(hereinafter referred to as the "Owner"), including its successors and assigns, is in favor of the CITY
OF MIAMI, a municipal corporation located within the State of Florida (hereinafter referred to as the
"City").
PREAMBLE
WHEREAS, the Owner sought and obtained a determination of eligibility by the Historic
Environmental and Preservation Board ("HEPB") of the City in accordance with Section 23-6 City of
Miami Code of Ordinances, as amended ("City Code"), for the properties located at 5125 and 5101
Biscayne Boulevard, Miami, Florida 33137 (hereinafter collectively referred to as the "Sending
Property") and legally described in the attached hereto as Exhibit "A" (Folio Nos. 01-3129-017-0090
and 01-3129-018-0070), as located within the City's Miami Modern / Biscayne Boulevard Historic
District ("MiMo District"); and
WHEREAS, the Sending Property has a net lot size of approximately 25,796 square feet and
is being improved with a renovated, two-story, historically designated and contributing building (a/k/a
The Declaration amends, restates and replaces in its entirety that certain Declaration of Restrictive Covenants,
recorded October 3, 2014, in Official Records Book 29336, Page 2071, of the Public Records of Miami -Dade County
Florida (thc "Original Declaration").
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CFN: 20250621327 BOOK 34895 PAGE 4338
Bayside Motor Inn Motel) and a new three-story addition, consisting of a total building square footage
of approximately 28,150 square feet'`; and
WHEREAS, on January 9, 2014, the Miami City Commission approved Resolution No. R-14-
0015 authorizing a Settlement Agreement between and among the Owner's predecessor -in -title, the
City, the Morningside Civic Association, Inc., a Florida not -for -profit corporation, and various
residents of the area, resolving more than a decade of litigation between the parties regarding the
development of the Sending Property and concluding and agreeing that the Sending Property is eligible
for the transfer of a total of 459,528 square feet of unused development rights available for transfer to
eligible receiving site(s), as stipulated in that certain Settlement Agreement, as recorded on August,
20, 2014 in Official Records Book 29277, at Page 4160, of the Public Records of Miami -Dade County,
Florida (the "Settlement Agreement"); and
WHEREAS, on March 25, 2014, the City issued Certificate of Eligibility No. TDR-2014-04
pursuant to the approved Settlement Agreement, authorizing a total of 459,528 square feet of available
transfer of development rights to unknown eligible "Receiving Site(s)" in accordance with Chapter 23
of the City Code and Section 3.14 of Ordinance 13114, the City Zoning Code ("Miami 21"); and
WHEREAS, on February 7, 2018, the City's Historic and Environmental Preservation Board
("HEPB") approved Resolution No. HEPB-R-17-016 issuing a Special Certificate of Appropriateness
for the restoration, partial demolition and additions to the Sending Property, resulting in a total building
square footage of 28,150 square feet; and
WHEREAS, on September 11, 2024, Certificate of Eligibility No. TDR-2014-14 was
amended and replaced by TDR-COE-87 to revise the square footage of the existing structure from
2 Bayside Motor Inn Motel was originally 15,492 square feet, as provided in the Original Declaration, and later
obtained approval for a renovation, partial demolition and an addition, as described herein.
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15,492 square feet to 28,150 square feet, and reflecting the square footage already sold, authorizing
a total of 106,811 square feet3 to unknown eligible "Receiving Site(s)" in accordance with Chapter
23 of the City Code and Section 3.14 of Ordinance 13114, the City Zoning Code ("Miami 21"); and
WHEREAS. the Owner desires to make a voluntary binding commitment to assure that the
Sending Property shall be preserved and maintained in accordance with the provisions of this
Declaration and the City Code, including but not limited to, all applicable provisions of Section 23-6,
entitled "Transfer of Development Rights".
NOW THEREFORE, the Owner voluntarily and knowingly covenants and agrees that the
Sending Property shall be subject to the following declarations and restrictions, which shall be deemed
a covenant running with and touching and concerning the land and binding upon the Owner of the
Sending Property, its heirs, successors and assigns as follows:
Section 1. The recitals are hereby incorporated as if fully set forth herein.
Section 2. The Owner hereby makes the following voluntary declarations running with
and touching the land regarding the Sending Property:
(a) Any construction or site improvements on the Sending Site shall require the
issuance of a Certificate of Appropriateness to be approved by either the City of Miami's Historic
Preservation Officer (the "Historic Preservation Officer") or the HEPB, as required by Chapter 23 of
the City Code. All work shall be done in accordance with the Secretary of the Interior Standards and
the City of Miami Design Guidelines for Historic Resources.
3 118,775 Square Foot Gross Floor Area X 4 (T4-O FLR) — existing 28,150 SF = 446,870 SF less 340,059 sold =
Total TDR Vouchers 106,811 SF.
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(b) The Sending Property shall be maintained to a standard consistent with the City
Building Department's standards for "Forty (40) year recertification".
(c) The requirements set forth in Section 2 shall be binding upon the Owner, its
heirs, successors, grantees and assigns.
(d) Notice of any change in ownership of the Sending Property shall be provided
to the Historic Preservation Officer within 30 days of the date of such transfer.
(e) The Receiving Property shall be located in a T6 Transect zone and must be
eligible to participate in the Public Benefits Bonus Program. The Receiving Property shall have
recorded against its title, in the Public Records of Miami -Dade County, Florida, a Certificate of
Transfer indicating the amount of square footage of development rights transferred thereto.
(0 In the event that the development rights are transferred from the Sending
Property to an eligible Receiving Property, written notice by an addendum to this Declaration shall be
recorded on the Sending Property. The recording of the addendum as to the Sending Property and the
Certificate of Transfer as to the Receiving Property shall be done within thirty (30) days of such transfer
and a copy shall be provided to the Historic Preservation Officer of the City.
Section 3. Effective Date. This Declaration shall become effective upon recordation in the
Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30)
years after the date of such recordation, after which time it shall be extended automatically for
successive periods of ten (10) years. This instrument shall constitute a covenant running with the land
on the Sending Property and shall be binding upon the Owners, their successors and assigns. These
restrictions shall be a limitation upon all present and future Owners of the Sending Property and shall
be for the public welfare, as part of the preservation of buildings within the Miami Modem/Biscayne
Boulevard Historic District. Certificates of Transfer created and amended pursuant to the transfer of
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development rights included in this Declaration shall also be recorded on the Receiving Properties once
identified, as notice to the public of the transfer.
Section 4. Modification, Amendment, Release. This instrument may only be modified,
amended, or released as to the Sending Property, or any portion thereof, by a written instrument
executed by the then Owner(s) of the Sending Property, including joinders by all mortgagees, if any,
provided that the same is also approved in writing by the Historic Preservation Officer, the Director of
the Planning Department, the Zoning Director or its designated representative, and with legal form
approved by the City Attorney.
Section 5. Inspection and Enforcement. This Declaration may be enforced by any means
provided by law. 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, but attorney's fees shall not be awarded against the City. The City may also enforce this
Declaration pursuant to City Code Chapter 2, Article X, entitled "Code Enforcement". This
enforcement provision shall be in addition to any other remedies available under the law.
Section 6. Scverability. 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 7. Recording. This Declaration shall be filed of record among the Public Records
of Miami -Dade County, Florida, at the Owner's expense within ten (10) days of execution by the City.
The Owner shall furnish a certified copy of the recorded Declaration to the Historic Preservation
Officer within thirty (30) days of its recordation. Certificates of Transfer created and amended by the
Owner and pursuant to the transfer of development rights included in this Declaration shall also be
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recorded upon the Receiving Properties once they are identified. The Owner shall likewise furnish a
certified copy of the recorded Certificate of Transfer to the Historic Preservation Officer within thirty
(30) days of its recordation.
Section 8. Miscellaneous Provisions. This Declaration shall be construed and enforced
according to the laws of the State of Florida. Venue in any proceeding between the parties shall be in
Miami -Dade County, Florida. Each party waives any defense, whether asserted by motion or pleading,
that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent
to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said
jurisdiction. The parties irrevocably waive any rights to a jury trial. Title and paragraph headings are
for convenient reference and are not part of this Agreement. No waiver of breach of any provision of
this Declaration shall constitute a waiver of any subsequent breach of the same or any other provision
hereof, and no waiver shall be effective unless made in writing. This Declaration constitutes the sole
and entire agreement between the parties hereto. No modification or amendment hereto shall be
valid unless in writing and executed according to Section 4 herein. 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
herein. Any party providing an electronic signature agrees to promptly execute and deliver to the
other parties an original signed Declaration upon request.
[Signature Pages to Follow]
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City Clerk
CFN: 20250621327 BOOK 34895 PAGE 4343
Signed, witnessed, executed and acknowledged on this ..cI day of Art; 1 , 2025.
Witnesses;
By: wink p-e4.
Address: jn( 2 t. EQ yageuo` c
Cr rye-r 1,r-c. s=t s
'tear �uu
By:
Name: Camlla (2UU
Address: 14040 Q2ISCOcm) glad
IJorTh MiaM g . i;3l o
STATE OF FLORIDA
COUNTY OF MIAMI DADE
E.S . Windows Real Estate, LLC, a Florida limited
liability company
By:
Name:
Title:
EVEU.1nr1-MOWS
f"YY]t Ir'aet2_
The foregoing instrument was acknowledged before me by means of ® physical presence or O
online notarization this 24 day of t f 1 2025, bye r .001PA , as
of E.S . Windows Real Estate. LLC, a Florida invited liability company. She is personally known
to me or O has produced , as identification, and did not take an
oath.
�'In»na PoSJ.
Notary Public State of Florida at Large
&Peac- .
My Commission Expires: O ,1 / 11 Zg . Print Name
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CFN: 20250621327 BOOK 34895 PAGE 4344
APPROVED AS TO FORM AND APPROVED AS TO HEPB ORDINANCE
CORRECTNESS:
FOR TDR:
Kalmis,
Kenneth
GEORGE K. WYSONG. ESQ KENNETH KALMIS
764-TA/Wrx--a--
City Attorney ALK
25-1728
Covenant (TDR)
Digitally signed by Kalmis,
Kenneth
Date: 2025.06.05 14:48:46
-04'00'
Historic Preservation Officer
APPROVED AS TO ZONING APPROVED AS TO PLANNING
REQUIREMENTS: REQUIREMENTS:
Frost,
Tamara
Digitally signed
by Frost, Tamara
Date: 2025.06.30
18:21:23-04'00'
Digitally signed
by Snow, David
Date: 2025.06.17
15:34:11 -04'00'
TAMARA ALLEN FROST DAVID SNOW
Zoning Administrator PIanning Director
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Submitted into the
record
on
City Clerk
Exhibit "A"
Legal Description of Property
CFN: 20250621327 BOOK 34895 PAGE 4345
Lot 1 Block 5, of BAYSHORE PLAZAL UNIT NO. 3, according to the Plat thereof, as recorded in
Plat Book 41,Page 73, of the Public Records of Miami -Dade County, Florida.
Folio No.: 01-3219-017-0090
5125 Biscayne Blvd., Miami, FL
Lot 17, Block 5, of BAYSHORE PLAZAL UNIT NO. 4, according to the Plat thereof, as recorded in
Plat Book 42,Page 2, of the Public Records of Miami -Dade County, Florida.
Folio No.: 01-3219-018-0070
5101 Biscayne Blvd., Miami, FL
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JOINDER BY OWNER OF TDR UNITS
Signed, witnessed, executed and acknowledged on this IS f+, day of t' a j
Witnesses:
By:
9y.-‹
5101 RE CO, LLC, a Delaware limited liability
company
By:
Name: V S 7p., o ; r.1 \ � Name.
Address: 2 5 0 ?. «c,
By:
Name: V,c.eA,rE 1. Cop'
Address: -961 A c_1=fLt_
AA(4Mt, FL 336)
STATE OF FLORIDA
COUNTY OF MIAMI DADE
The foregoing instrument was acknowledged before me by means of 3 physical presence or ❑
online notarization this I Si' day of All to 2025, by
R�c� rdto (Aporo�l ,as Ma"r.ge, A. -tc6 A.Pg;sr.,- of 5101
RE CO, LLC, a Delaware limited liability company, who is 181 Personally known to me or 0 has
produced , as identil cation, and did ryet-take an oath.
My Commission Expires: I op a b?" 5
�y • YANINE MOREIRA
Notary public • State of Florida
=:I Commission r NH 147955
...e" My Comm. Expires Oct 23, 2025
loreec throuth National Notary Assn.
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7 tary Public Stat 'o//
f Florida at Large
VQ v, ‘, v, e
Print Name
10
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