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Home My WebLink AboutProferred Restrictive CovenantPrepared by and after recording return to: David J. Coviello, Esq. Shutts & Bowen LLP Miami Center Suite 1500 201 S. Biscayne Blvd. Miami, FL 33131 dcoviello@shutts.com Folio: 01-4139-007-2731 DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned 1300 CORAL BRICKELL, LLC, a Delaware limited liability company (the "Owner") hereby makes, declares and imposes on the land herein described, this Declaration of Restrictive Covenants (the "Declaration"), and the covenants running with the title to the land contained herein, which shall be binding on the Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the owner of that certain property located at 2240 SW 13th Avenue, in the City of Miami, Miami -Dade County, Florida, more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Subject Property"); and WHEREAS, Owner proposes the development of a mixed-use residential project located on the' Subject Property and on property located at 1300 SW 22nd Street and 1312 SW 22nd Street, in the City of Miami, Miami -Dade County, Florida; and WHEREAS, Owner is submitting applications for a Comprehensive Plan Amendment and Rezoning of the Subject Property; and WHEREAS, Owner seeks to assure the City of Miami that the Subject Property will be restricted in the manner set forth herein. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, 1300 CORAL BRICKELL, LLC hereby agrees as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. 2. Use and Density Restrictions. Notwithstanding the T4 -L transect zone and Low Density Restricted Commercial land use designation on the Subject Property, Owner hereby places the following restrictions on the Subject Property: MIADOCS 10676076 7 40063.0001 (a) Density shall be limited to three (3) dwelling units on the Subject Property described on the attached Exhibit "A" which represents a maximum density of up to eighteen (18) dwelling units per acre; and (b) Height on the Subject Property shall be limited to three (3) stories and no more.than.forty (40) feet,.. measured in accordance with, and subject to the exceptions for certain roof structures as permitted by, Miami 21; and (c) Retail, office and other commercial uses as defined by the Miami 21 Code, or any successor Zoning Ordinance, shall not be allowed on the Subject Property described in Exhibit "A" attached hereto. Notwithstanding the foregoing, parking within the Subject Property .-to serve the residential and commercial uses located on other property comprising the Project, shall be permitted. 3. Site Plan. The Subject Property will be developed in substantial compliance with the site plan entitled "Proposed Mixed-Use/Condo For 1300 Coral Brickell, LLC" prepared by Ralph Puig Architect, LLC, dated the 26th day of October, 2015 (the "Site Plan"). The Site Plan is deemed as being expressly incorporated by reference herein as though set forth in full in this Section. 4. Amenity Deck. The Amenity Deck may consist of a sun deck, swimming pool, barbeque area, tables, chairs, and umbrellas and other recreational facilities and amenities, and shall be used by the residents and their guest for sun bathing, swimming and other recreational and social events. The Amenity Deck will not be used for any other events other than those for the residents and their guests. The swimming pool located on the amenity deck as shown on the Site Plan shall not be located closer than sixty (60) feet from the property line of the Subject Property along SW 22nd Terrace. Further, any events on the Amenity Deck shall end at 11;00 p.m. 5. Term. The provisions of this instrument shall become effective upon their 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 they shall be extended automatically for successive periods of ten (10) years each, unless released in writing in accordance with Section 6 below, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Subject Property for the purposes herein intended. 6. Modification, Amendment, Release. The provisions of this instrument may be amended, modified, or released only by a written instrument executed by the then owners of the Subject Property (or if any portion of the Subject Property has been submitted to a condominium form of ownership, in conformity with the Florida Condominium Act , as amended, then by the condominium association governing such condominium in lieu of all of the owners thereof) AND..appr..oved by.the.,City Commission at a duly noticed public hearing, the cost of which shall be paid by Owner. Any amendments, modifications or releases will also require the approval and signature of the Director of the Planning and Zoning Department and that of the City Attorney as to legal form. MIADQCS 10676076 7 40068.0001 2 7. Enforcement. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants in this Declaration. The prevailing party to any action or suit pertaining to or arising out of this Declaration shall be entitled to recover court costs and disbursements allowed by law. Each party shall bear their own respective attorney's fees. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 8. Law. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. This instrument is governed by the laws of the City of Miami, Miami -Dade County and the State of Florida. 9. . Reservations. 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 as may be available to it. 10. Recordation. This Declaration shall be recorded in the Public Records of Miami - Dade County at the expense of the Owner within sixty (60) days of the final, non -appealable approval of the applications for a Comprehensive Plan Amendment and Rezoning of the Subject Property. The City of Miami Zoning Department, 444 SW 2nd Avenue, 4th Floor, Miami, Florida 33131 shall be furnished a certified copy within thirty (30) days of recordation. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] . MIADOCS 10676076 7 40068.0001 Signed, sealed, executed and acknowledged on this _ WITNESSES: 1300 COR limited liabi jf�` &� - Print Name: IM1 0 t -C STATE OF FLORIDA COUNTY OF MIAMI-DADE day of November 2015. LLC, a Delaware By: Print Na e: _3DWf(l km ,A4eA&D Title: Authorized General/ Managing Partner Addl 0-t . AyQ� H__ ,A Jlk IfL— 33 3 The foregoing instrument was acknowledged before me this _ day of November, 2015, by Wm&ico A lboino , as Ru WIT: -6d uk(m(Al ManaJ11A 1300 CORAL BRICKELL, LLC, a Delaware limited liability company; such person is (check. one) [✓]"personally known to me or [ ] has produced as identification. WITNESS my hand and official seal in. f, NkV*3k� 2015 Luisa Gomez the county and state n ed above this 1p day of NOTARY PUBLIC, a e'of FlMm-� a Print Name: LU -7 Commission No.: L E 4B 0B Q Commission. Expires: B(1y 14 101 5 Luisa Gomez 11F COMMISSION #EE 146080 EXPIRES: NOV. 14, 2015 I "N,AA,RONNOTARY.com MIADOCS 10676076 7 40068.0001 4 Approved as to Planning and Zoning: Francisco Garcia, Director, Planning and Zoning Dept. Approved as to Legal Form and Correctness: Victoria Mendez, City Attorney MLA -DOCS 10676076 7 40063.0001 EXHIBIT 6cA99 Legal Description: Lots 36 Thru 39, Block 60, Less the West 28 feet in Block 60, EAST SHENANDOAH, according to the Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. MIADOCS 10676076 7 40063.0001 6