HomeMy WebLinkAboutSubmittal-Tony Recio-Declaration of Restrictions CovenantsThis instrument was prepared by and
after recording return to:
Name: Tony Recio, Esq.
Address: Weiss Scrota Hellman
2525 Ponce de Leon Blvd., Suite700
Coral Gables, Florida 33134
Tel. (305) 854-0800
Submitted into the public
record for item(s) Ib
on I City Clerk
(Space reserved for Clerk)
DECLARATION OF RESTRICTIONS
WHEREAS, the undersigned "Owner" holds the fee simple title to the land located in
Miami, Florida and more accurately described in the attached Exhibit "A," (the "Property"); and
WHEREAS, the Property is comprised of five parcels including two parcels located at 53
NE 41 Street and 61 NE 41 Street (the "South Parcels") and three parcels located at 50 NE 42
Street, 58 NE 42 Street, and 68 NE 42 Street (the "North Parcels"); and
WHEREAS, the Owner has proposed to develop the Property as a museum (the
"Museum").
NOW THEREFORE, IN ORDER TO ASSURE the City of Miami (the "City") that the
Owner and the Owner's successors and assigns will abide by the representations made by the
Owner during consideration of a change of the Property's zoning from T3 -L "Sub -Urban" and
T4-0 "General Urban" to CI "Civic Institution":
1. Covenants.
A. Notwithstanding the CI zoning designation proposed for the whole of the Property,
the Owner will limit construction of the proposed Museum building to the South
Parcels only and no habitable structures will be constructed on the North Parcels.
B. The North Parcels will be developed as a sculpture garden.
C. The Owner agrees to regularly maintain in good condition all landscaping on the
Property including any portion of the Property located outside fence proposed to be
located along the Property's north property line.
D. In the event that the Owner obtains all the development approvals and permits
necessary to construct the proposed Museum (the "Approvals"), Owner agrees to
commence the Museum's construction within two years after the Approvals have
been granted and their applicable appeal period(s) expire without appeal. In the event
that the Owner's application(s) for the Approvals are finally denied or are invalidated
on final appeal, then Owner agrees that any future development of the Property will
be limited to the densities and intensities permitted under the Property's existing T3 -L
Submitted into the public
record for item(s)��
on 0t0 -a$-,!;0 _IV - City Clerk
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Declaration of Restrictions
Page 2 of 6
Submitted into the public
record for item(s)
on — City Clerk
and T4-0 zoning designations and this Declaration shall be of no further force and
effect.
2. City Inspection. As further part of this Declaration, the Owner hereby understands and
agrees that any official inspector of the City of Miami, or its agents duly authorized, may
have the privilege at any time during normal working hours of entering and inspecting the
use of the Property to determine whether or not the requirements of the building and
zoning regulations and the conditions herein agreed to are being complied with.
3. Covenant Running with the Land. This Declaration on the part of the Owner shall
constitute a covenant running with the land and shall be recorded, at Owner's expense,
within thirty (30) days of acceptance by the City of Miami in the public records of Miami -
Dade County, Florida and shall remain in full force and effect and be binding upon the
undersigned Owner, and their heirs, successors and assigns until such time as the same is
modified or released. These restrictions during their lifetime shall be for the benefit of,
and limitation upon, all present and future owners of the real property and for the benefit
of the City of Miami. Owner, and its heirs, successors and assigns, acknowledge that
acceptance of this Declaration does not in any way obligate or provide a limitation on the
City of Miami.
4. Term. This Declaration is to run with the land and shall be binding on all parties and all
persons claiming under it for a period of thirty (30) years from the date this Declaration is
recorded after which time it shall be extended automatically for successive periods of ten
(10) years each, unless an instrument signed by the, then, owner(s) of the Property has
been recorded agreeing to change the covenant in whole, or in part, provided that the
Declaration has first been modified or released by the City of Miami.
5. Modification, Amendment, Release. This Declaration of Restrictions may be modified,
amended or released as to the land herein described, or any portion thereof, by a written
instrument executed by the, then, owner(s) of all of the Property, including joinders of all
mortgagees, if any, provided that the same is also approved by the City of Miami
Commission, after public hearing, the cost of which shall be paid by the Owner. Any
modification, amendment or release shall be in a form acceptable to the City Attorney.
Should this Declaration of Restrictions be so modified, amended or released, the Director
of the City of Miami Department of Planning and Zoning, or the executive officer of the
successor of such Department, or in the absence of such director or executive officer by
his assistant in charge of the office in his absence, shall forthwith execute a written
instrument effectuating and acknowledging such modification, amendment or release.
6. Enforcement. Enforcement shall be by action against any parties or person violating, or
attempting to violate, any covenants. The prevailing party in any action or suit pertaining
to or arising out of this Declaration shall be entitled to recover, in addition to costs and
disbursements allowed by law, such sum as the Court may adjudge to be reasonable for
Declaration of Restrictions
Page 3 of 6
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record for item(s)
on I
the services of his attorney. This enforcement provision shall be in addition to any other
remedies available at law, in equity or both.
7. Authorization for City of Miami to Withhold Permits and Inspections. In the event
the terms of this Declaration are not being complied with, in addition to any other
remedies available, the City is hereby authorized to withhold any further permits, and
refuse to make any inspections or grant any approvals, until such time as this Declaration
is complied with.
8. Election of Remedies. All rights, remedies and privileges granted 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.
9. Severability. Invalidation of any one of these covenants, by judgment of Court, shall not
affect any of the other provisions which shall remain in full force and effect, however, if
any material portion is invalidated, the City shall be entitled to revoke any approval
predicated upon the invalidated portion.
10. Recording. This Declaration shall be filed of record in the public records of Miami -
Dade County. The City of Miami shall be furnished a recorded copy within 30 days of
recordation and the Owner must promptly furnish a certified copy of the recorded
covenant to the City of Miami Planning Director at 444 SW 2nd Avenue, Miami, Florida
33130.
11. Acceptance of Declaration. Acceptance of this Declaration does not obligate the City
in any manner, nor does it entitle the Owner to a favorable recommendation or approval
of any application, zoning or otherwise, and the City Commissioners and/or any
appropriate City Board retain full power and authority to deny each such application in
whole or in part and to decline to accept any conveyance.
12. Owner. The term "Owner" shall include the Owner, and its heirs, successors and
assigns.
[SPACE INTENTIONALLY LEFT BLANK]
City Clerk
Submitted into the public
Declaration of Restrictions record for items) �Tl�J
Page 4 ors on 1 City Clerk
Executed on this_ day of June, 2015.
OWNER
INSTITUTE OF CONTEMPORARY ART, MIAMI,
WITNESSES INC., a Fl 'da not-for-profit corporation
Print Name: _ �^By: Irma Braman
Address -4- �i r f gl*,*- 1 w - Its: President and Chairman
I1 .1�f V.14 i�.3S1
Print Nain�j�f +tihG�
Address: 14 Su� lite >L
STA'T'E OF FLORIDA )
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY THAT on this day, before me, an officer duly qualified to take
acknowledgments, personally appeared Irma Braman, as a President and Chairman Managing
Member of Institute of CcHopporary Art, Miami, Inc., a Florida not-for-profit corporation, who
is rsonal yy nnoown�tom or who has produced as
identification and who executed the foregoing instrument freely and voluntarily for the purposes
thereon expressed and who did not take an oath.
WITNESS my hand and official seal this day of June, 2015.
STEPHEN J.HEIFMAN ..�
'•; MY COMMISSION I EE 106383 - - - it
FVIREs: July 17, 2015 NOTARY P I STATE OF
9oeaed nw R0WY Pubk UndwM*s
Print Name:.
Commission No.: I to
Commission Expires: JuILIl7,
Declaration of Restrictions
Page 5 of 6
APPROVED:
Irene Hegedus
Zoning Administrator
Francisco Garcia
Planning and Zoning Director
APPROVED AS TO FORM AND CORRECTNESS:
Victoria Mendez, City Attorney
Submitted into the public
record for item(s) • i
on (o City City Clerk
Declaration of Restrictions
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ExHmiT A
LEGAL DESCRIPTION
Submitted into the public
record for item(s)
on — �ity
Lots 4, 5, 6, 19, and 20, plus the Western %z of Lot 21 of Block 8,
BILTMORE Subdivision, according to the plat thereof, recorded in
Plat Book 6 at Page 67 of the public Records of Miami -Dade County,
Florida
Commonly known as 53 NE 41 Street, 61 NE 41 Street, 50 NE 42
Street, 58 NE 42 Street, and 68 NE 42 Street, all located in Miami,
Florida.
Identified for tax purposed by the following folio numbers:
01-3124-024-1320
01-3124-024-1330
01-3124-024-1220
01-3124-024-1210
01-3124-024-1200