HomeMy WebLinkAboutSubmittal-Simon Ferro-Declaration of Restrictive CovenantsSubmitted into the public
recor �r i e (s) ,
on—. City Clerk
This instrument is prepared by and
after recording please return this instrument to:
Simon Ferro, Esq.
Gunster, Yoakley & Stewart, P.A.
600 Brickell Avenue, Floor 35
Miami, Florida 33131
Reserved for Recording
. DECLARATION OF RESTRICTIVE COVENANTS
WHEREAS, the undersigned, Miami Riverview Apartments, Inc. (`Owner"),
holds the fee simple title to approximately 5.24 acres of land in the City of Miaini, Florida
(the "City"), described in Exhibit "A," attached to this Declaration (the "Property"), which
statement as to title is supported by the attorney's opinion attached to this Declaration as
Exhibit "B";
WHEREAS, the Owner sought and obtained a rezoning ("Rezoning") pursuant to
Ordinance No. ("Ordinance") for the Property, which is located at 2501
and 2507, N.W. 16t Street Road, Miami, Florida;
WHEREAS, Policy PA -3.1.9 of the Miami Neighborhood Comprehensive Plan
requires that all new residential development located along the Miami River be the subject
of a . recorded covenant acknowledging and accepting the presence of the existing
Working Waterfront 24- hour operations, as permitted; and
WHEREAS, the Port of Miami River has a designated Federal Navigable Channel
featuring numerous job generating businesses, including International Shipping
Terminals, Boatyards, Marinas, Tug Boat Basins, Commercial Fishing, etc.
NOW THEREFORE, in order to assure the City, and other stakeholders, that the
representations made by the Owner during the City's consideration of the Land Use
Application will be abided by the Owner, its successors and assigns, freely, voluntarily,
and without duress, makes the following Declaration of Restrictions covering and running
with the Property:
1) This Declaration of Restrictions satisfies the requirement set forth in Policy PA -
3.1.9 of the Miami Neighborhood Comprehensive Plan.
2) Owner recognizes that legally permitted existing Working Waterfront 24-hour
operations currently exist proximate to the Property. Therefore, Owner agrees:
(a) not to object or otherwise attempt to impede any legally permitted
Working Waterfront 24-hour operations;
(b) to provide all future tenants and prospective owners of the Property notice
of the existing Working Waterfront 24-hour operations and will include a
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provision to agree not to object to legally permitted Working Waterfront
24- hour operations in each lease and or Condominium Sale Documents;
(c) that it is solely the Owner's responsibility to design its structures to
accommodate legally permitted Working Waterfront 24-hour operations;
and
(d) that it will not pursue any claims for liability, loss or damage, whether
through litigation or otherwise, against permittees engaging in Working
Waterfront 24-hour operations, related to, noise, smoke, fumes, federally
regulated bridge openings, and/or other quality of life issues that might
result from legally permitted Working Waterfront 24-hour operations.
3) Approval of the Ordinance shall not result in a net loss of the number of recreational
wet -slips along the Miami River, except as required by the United States Coast
Guard, the Miami -Dade County Department of Regulatory and Economic Resources,
or as required by other regulating agencies with appropriate jurisdiction.
Covenant Running with the Land. This Declaration on the part of the Owner shall
constitute a covenant running with the land and may be recorded, at Owner's expense, 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 and the public welfare. The Owner, and their heirs,
successors and assigns, acknowledge that acceptance of this Declaration does not in any way
obligate or provide a limitation on the City.
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.
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 the fee simple title to the Property, or any
portion thereof, provided that the same is reviewed by the Miami River Commission for an
advisory recommendation and approved by the City Commission of the City of Miami,
Florida. Should this Declaration be so modified, amended, or released, the Director of the
Department of Planning and Zoning or the executive officer of a successor department, or, in
the absence of such Director or executive officer, by his or her assistant in charge of the
office in his/her office, shall execute a written instrument effectuating and acknowledging
such modification, amendment, or release.
Submitted into the public PZ , ; ,,, 1�
record f i e
on City Clerk
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
the services of his attorney. This enforcement provision shall be in addition to any other
remedies available at law, in equity or both.
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.
Presumption of Compliance. Where construction has occurred on the Property or
any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and
approval of occupancy given by the City, then such construction, inspection and approval
shall create a rebuttable presumption that the buildings or structures thus construct d comply
with the intent and spirit of this Declaration.
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
Recordation and Effective Date. This Declaration shall be filed of record in the
public records of Miami -Dade County, Florida at the cost of the Owner following the
approval of the Application. This Declaration shall become effective immediately upon
recordation. Notwithstanding the previous sentence, if any appeal is filed, and the disposition
of such appeal results in the denial of the Application, in its entirety, then this Declaration
shall be null and void and of no further effect. Upon the disposition of an appeal that results
in the denial of the Application, in its entirety, and upon written request, the Director of the
Planning and Zoning Department or the executive officer of the successor of said
department, or in the absence of such director or executive officer by his/her assistant in
charge of the office in his/her absence, shall forthwith execute a written instrument, in
recordable form, acknowledging that this Declaration is null and void and of no further
effect.
Acceptance of Declaration. The Owner acknowledges that 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
Commission retains its full power and authority to deny each such application in whole or in
part and decline to accept any conveyance.
Owner. The term Owner shall include all heirs, assigns, and successors in interest.
[Execution Pages Follow]
Submitted into the publi
recorf s)
on to City Clerk
ACKNOWLEDGMENT CORPORATION
Signed, witnessed and acknowledged on this 16 day of , 301'j c- , 2016.
Witnesses: n MIA 1 VERVIEW APTS., INC.
Signature
Lt, L By: -j v/ c,
Print Name I Title: TMS i Qn 1
Sig e S lko J 6eR 0
S TATE OF R-06 W�r
COUNTY OF !k jAft1—bAc(e.
The foregoing instrument was
of Miami Rivervie
ersonally known t me or has produce
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C6KA(' (0410lea 1-L 331 V4
acknowledged before me by L (,l,S G4 V Z- , the
w Apts., Inc., on behalf of the corporation. He is
d as identification.
Witness my signature and official seal this _LL day of2016, in the
County and State aforesaid.
My Commission Expires:
..........
— _
�"•'DP' SIMON FERRO
*:
MY COMMISSION # FF 968275
EXPIRES: March 6, 2020
e3P F�°p 9onded 7hru Notary Public Undenvnfers
ary Public State of 2g
Print Name
Submitted into the
public I�
recor f T� i ,
City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Victoria Mendez, City Attorney
APPROVED:
Francisco J. Garcia, Planning Director
MIA ACTIVE 4482066.1
Submitted into t)publi I� 11
record f it j b
on I City Clerk
Exhibit "A"
Legal Description
Tract A of Musa Isle Manor, according to the plat thereof, as recorded in Plat
Book 93, Page 23, of the Public Records of Miami -Dade County, Florida.
This instrument is prepared by and
after recording please return this instrument to:
Simon Ferro, Esq.
Gunster, Yoakley & Stewart, P.A.
600 Brickell Avenue, Floor 35
Miami, Florida 33131
Submitted into the public
recorMie P L�i 16
on
City Clerk
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this I �P day of
.w C> , 2016, by MIAMI RIVERVIEW APTS., INC. (hereinafter referred to as the
"Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the
state of Florida (hereinafter referred to as the "City").
WITNESSETH
WHEREAS, Owner owns the property located at 2501 and 2507 N.W. 16th Street Road,
Miami, Florida (the "Property"); and
WHEREAS, on May 4, 2016, the Planning, Zoning and Appeals Board heard the
Owner's applications requesting: (i) an amendment to the Comprehensive Plan re -designating
the Property from "Medium Density Restricted Commercial" to "Restricted Commercial" on the
City's Future Land Use Map ("FLUM"); and (ii) a rezoning of the Property from T5 -L (Urban
Center -Limited) to T6 -8-L (Urban Core -Limited), for the Property and legally described in
attached Exhibit A ; and
WHEREAS, on March 7, 2016, Owner's representatives met with the Miami River
Commission ("MRC") and the MRC voted 6-3 in favor to recommend approval of the Rezoning
subject to conditions reflected in a letter from the MRC addressed to the City of Miami Planning,
Submitted into the public (
recor fP ite O _ Y(�,
or I , City Clerk
Zoning and Appeals Board dated April 6, 2016 ("MRC Letter"), a copy is attached hereto as
Exhibit B.
WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure
that the Property must be developed in accordance with the provisions of the Declaration.
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property
shall be subject to the following restrictions that are intended and shall be deemed a covenant
running with the land and binding upon the Owner of the Property, and its heirs, successors and
assigns as follows:
Section 1. The recitals and findings set forth in the preamble of this Declaration as well
as .the Exhibits referenced therein are hereby adopted by reference thereto and incorporated
herein as if fully set forth in this Section.
Section 2. Maximum Density and Number of Residential Units. The maximum
number of dwelling units that may be developed on the Property shall not exceed 650 dwelling
units.
Section 3. Miami River Development Considerations. The Owner makes the
following commitments regarding the conditions set forth in the MRC Letter:
MRC Letter Conditions 1 and 2• Waterfront Standards: Owner shall be required to
construct a public Riverwalk on the Property, and nothing in this paragraph shall be
construed as a waiver of the requirement to construct a public Riverwalk. Owner
acknowledges that Miami 21 Section 3.11 and Appendix B ("Waterfront Standards")
requires specific waterfront building setbacks, including a public Riverwalk.
Notwithstanding the foregoing, Owner shall have the right to request and obtain
modifications from any of the requirements of the Waterfront Standards, or other
development criteria, as set forth in the City of Miami Code, Miami 21, and the City of
Miami Charter. In the event the Owner requests and obtains any such modification(s),
the Owner shall provide for a public Riverwalk within the modified setbacks. The
public Riverwalk shall be designed in a way that facilitates a connection to any adjacent
waterfront walkway within the parcels located to the immediate east and west of the.
Property along the Miami River ("Abutting Parcels"). It shall not be the Owner's
responsibility to obtain approvals or cooperation from the owners of the Abutting
Submitted into the public
recorf r ite s) Z6
on City Clerk
Parcels to connect with the public Riverwalk on the Property. In the event the Abutting
Parcels do not have an existing, planned, or approved public Riverwalk, or if they refuse
to connect to the public Riverwalk to the Property, the Owner may design the public
Riverwalk without regard to connectivity with the Abutting Parcels. Owner's obligation
under this section shall be fulfilled upon the construction of a public Riverwalk within
the Property and not upon the connection of said public Riverwalk with one or both of
the Abutting Parcels.
ii. Condition 3 of the MRC Letter, Traffic Study: Owner has provided to the City of
Miami, as part of the Rezoning, a traffic study prepared for Miami Riverview
Apartments, Inc. by KBP Consulting, Inc. dated April 2016. This traffic study satisfies
condition No. 3 of the MRC Letter.
iii. Condition 4 of the MRC Letter; Seawall: The proper elevation for development of the
Property and whether a new seawall is necessary will be determined through the City's
permitting process, and in accordance with State and County laws and ordinance as
applicable.
iv. Condition 5 of the MRC Letter: Owner will provide a Working River covenant as
required by Policy PA -3.1.9 of the Miami Neighborhood Comprehensive Plan.
Section 4. Effective Date. The provisions of this Declaration 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 recordation, after which time they shall
be extended automatically for successive period of ten (10) years. This instrument shall
constitute a covenant running with the land and title to the Property, which shall be binding upon
the Owner, its heirs, successors, vendees and assigns.
Section 5. Applicable Law & Venue; Attorney's Fees. Florida law will apply to
interpretation of this instrument. Venue in any civil actions arising under this instrument shall
be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees.
Section 6. Amendment and Modification. This instrtunent may be modified, amended,
or released as to any portion of the Property by a written instrument executed by the then
Owners of the fee -simple title to the land to be affected by such modification, amendment or
release, providing that same has been approved by the City of Miami Planning and Zoning
Submitted into the pubtic��
record f r ite s)
on City Clerk
Board Appeals Board and City Commission after a public hearing which all advertising, notice,
application, and public hearing expense shall be paid by the Owner. Upon approval of such
modification amendment or release as specified herein, the Director of the City of Miami's
Planning Department or his successor shall execute a written instrument in recordable form
effecting and acknowledging such modification, amendment or release. Such instruments shall
be in a form acceptable to the City Attorney.
Section 7. Inspection and Enforcement. 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 City, County or applicable regulations,
either to restrain violations or to recover damages. This enforcement provision shall be in
addition to any other remedies available under the law.
Section 8. Severability. 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
force and effect.
Section 9. Recording. This Declaration shall be promptly filed of record among the
Public Records of Miami -Dade County, Florida, at the cost of the Owner, within 30 days of the
City Commission's final adoption of the Change of Zoning and the Future Land Use Map .
amendments. The City of Miami Planning and Zoning Director will be furnished a recorded
copy by the Owner within ten (10) days of this Declaration being recorded.
[Signature Pages Follow]
Submitted into the public�� IS 16
record f r ite (s) , I
on 6 City Clerk
ACKNOWLEDGMENT CORPORATION
Signed, witnessed and acknowledged on thisjb day of —� UtiQ- , 2016.
Witnesses:
Signature v
L;Lk ® -
Print Name
Sign re
STATE OF
COUNTY OF stn.,Aptl
IAMI RIVERVIEW APTS., INC.
By: CzyZ-
Title: YQ.StiQn I
Address: Vt1l 6T (n lJ 9 fka
"<A�-- Caab1.eJ, a - 331 Yf.
The fo�!going instrument was acknowledged before me by /-uiC/LV2
1 of Miami Riverview Apts., Inc., on behalf of the corporation. He is ersonally
nown to me r has produced as identification.
Witness my signature and official
County and State aforesaid.
My Commission Expires:
SIMON FERRO
My COMMISSION # FF 968275
'y. s EXPIRES: March 6, 2020
Bonded Thu Notary Public Underwrit=t.
seal this day of ) u L3 (Z- 2016, in the
Notary,F70blic State of tt cP
µt0 j rC_,I_lILO
Print Name
Submitted into the public
L t, '
record o ite s 'l5 b
on)7 City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Victoria Mendez, City Attorney
APPROVED:
Francisco J. Garcia, Planning Director
MIA_ACTIVE 4482066.1
Submitted into the public�� . _ � 16
record f r ite s
on City Clerk
Exhibit A
Legal Description
Tract A of Musa Isle Manor, according to the plat thereof, as recorded in Plat
Book 93, Page 23, of the Public Records of Miami -Dade County, Florida.
P093' Committee:
Governor of State of Florida
Mr. Rick Scott
Designee: Ms Patricia Hams
Chair of Miami -Dade Delegation
Representative Jose Felix Diaz
Designee: Rep. David Richardson
Chair of Governing Board of South
Florida Water Management District
Mr. Daniel O'Keefe
Designee: Ms, Sandy Batchelor
Miami -Dade State Attorney
Ms. Katherine Fernandez -Rundle
Designee: Mr. Gary Winston
Mayor of Miami -Dade County
Mayor Carlos Gimenez
Designee: Mr. Frank Balzebre
Mayor of Miami
Mayor Tomas Regalado
City of Miami Commissioner
Commissioner Frank Carqllo
Miami -Dade County Commissioner
Commissioner Bruno Barreiro
Designee: Ms. Marlene Avalo
Chair of Miami Rifer Marine Group
Mr. Bruce Brown
Designee: Mr. Richard Dubin
Chair of Marine Council
Mr. Ed Swakon
Designee: Mc Phil Everingham
Executive Director of Dovintovin
Development Authority
Ms. Alyce Robertson
Designee: Mr. Eric Riel
Chair of Greater Miami Chamber
of Conunerce
Mr. Barry Johnson
Designee: Ms. Sandy O'Neil
Neigbothood Representative
Appointed by City of Miami Commission
Dr. Ernest Martin
Neigborhood Representative
Appointed by Miami -Dade Commission
Ms. Sallye Jude
Representative from Environmental or
Civic Organization Appointed by the
Governor
Mr. lioracio Stuart Aguirre
Member at Large Appointed by the
Governor
Mr. Jay Carmichael
Member at Large Appointed by
Miami -Dade Commission
Ms. Sara Babun
Designee: Mr. Duber Lazardo
Member at Large Appointed by
City of Miami Commission
Mr. Manny Prieguez
Managing Director
Mr. Brett Bibeau
I Miami River Commission
City of Miami Planning Zoning and Appeals Board
3500 Pan American Drive
Miami, FL 33133
Re: 2501-2507 NW 16 ST RD
Dear Planning Zoning and Appeals Board:
c% Robert King High
1407 NW 7m Street, Suite D
Miami, Florida 33125
Office: (305) 6444)544
email: miamiriver@bellsouth.net
rwnnv miamirivercommission.org
April 6, 2016
Mr, Simon Ferro, Gunster Yoakley, and Mr. Jorge Azze, Azze
Architecture, presented this item during the Miami River
Commission's (MRC) March 7, 2016 public meeting.
The MRC voted 6-3 to respectfully recommend approval of the Zoning
Amendment from T5 -L to T6 -8L and amend the Land Use from
Medium Density Restricted Commercial to Restricted Commercial,
subject to adherence with the following 5 pending conditions:
1) Full compliance with public Riverwalk, waterfront building
setbacks, etc. required in City of Miami's Zoning Code Section
3.11 and Appendix B.
7) Connections to the existing public Riverwalk sections
immediately east at "River Run South" and immediately west at
"Miami Riverfront Residences"
3) Study Transportation on NW 16 ST RD
4) Provide new seawall, and consider sea level rise in determining
the best elevation
5) Provide working river covenant as required by City Comp. Plan
1 respectfully recommend these 5 recommended conditions be
included in the applicant's proffered covenant.
Your time and continued support for the Miami River District are
appreciated.
Sincerely,
Brett Bibeau Submitted into the public �L.
recor f rite (s)
Managing Director, on City Clerk
Miami River Commission
EXHIBIT "B"