HomeMy WebLinkAboutExhibit - Restrictive CovenantThis instrument was prepared by and
after recording return to:
Name: Javier L. Vazquez, Esq.
Address: Berger Singerman LLP
1450 Brickell Avenue
Suite 1900
Miami, Florida 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (this "Declaration") made this day of
, 2016, by CORAL WAY ACQUSITION PROPERTIES LLC (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
WITNESSETH
WHEREAS, Owner owns the property located at 3252 SW 22 St., Miami, FL 33165 (the
"Ser2io's Parcel") and 3277 SW 22 Ter, Miami, FL 33165 (the "Nei2hborin2 Lot") as more
particularly described in attached Exhibit A; and
WHEREAS, the northern portion of the Sergio's Parcel is zoned T5-0 and is the site of a
Sergio's Restaurant (the "Restaurant");
WHEREAS, the southern portion of the Sergio's Parcel (the "Existing Parking Lot") is
zoned T4 -R and is used for parking to support the Restaurant;
WHEREAS, the Neighboring Lot is zoned T4 -R
WHEREAS, on , 2016, the Miami City Commission (the
"Commission") heard the Owner's application requesting a Rezoning of the Existing Parking Lot
and the Neighboring Lot (collectively, the "Subject Property'), as more particularly described in
attached Exhibit B, both from T4 -R to T4 -L (the "Rezoning Application"); and
Folio Number: 01-4116-009-1150 (southern portion of parcel) and 01-4116-009-1310
7588659-3
WHEREAS, the Commission voted to approve the Rezoning Application subject
to certain conditions on the use of the Subject Property;
WHEREAS, the Owner is desirous of making a voluntary, knowing and informed binding
commitment to assure that the Subject Property must be developed in accordance with the
provisions of this Declaration.
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Subject
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 Subject Property, and its heirs,
successors and assigns as follows:
Section 1. Recitals. 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. Property Use Considerations. The Owner makes the following voluntary
declarations running with the land concerning the use of the Subject Property:
1. The Subject Property shall be used solely for parking to support the Restaurant or
other business located on the Sergio's Parcel. No other commercial establishment,
business, office or other property will be allowed to use or access the parking
situated on the Subject Property.
2. The Subject Property shall be substantially developed in accordance with the
proposed site plan entitled "Sergio's Coral Way Re -Zoning for Existing Lot" as
prepared by The Architects Group Inc., consisting of 2 sheets date stamped received
by the Department of Planning and Zoning on 1/_/2016.
Section 3. 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
continuously and automatically extended for successive period of ten (10) years. This instrument
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Folio Number: 01-4116-009-1150 (southern portion of parcel) and 01-4116-009-1310
7588659-3
shall constitute a covenant running with the land and title to the Subject Property, which shall be
binding upon the Owner, its heirs, successors, vendees and assigns.
Section 4. 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 5. Amendment and Modification. This instrument may be modified, amended,
or released as to any portion or all of the Subject 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 Commission after a public hearing, in
which all advertising, notice, application, and public hearing expense shall be paid by the Owner.
Any modification, amendment or release is additionally subject to the approval of the City
Attorney as to legal form. Any such modification, amendment or release shall not relieve the
Owner of compliance with those parking requirements set forth in Miami 21, as amended and any
subsequent Zoning Ordinance, as applicable.
Section 6. 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 7. Severability. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of this Declaration, which shall remain in full force and
effect.
Section 8. 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 approval of the Rezoning Application. 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.
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Folio Number: 01-4116-009-1150 (southern portion of parcel) and 01-4116-009-1310
7588659-3
Section 9. Compliance with laws. In construction and maintenance of the parking
provided for in this Covenant the Owner shall comply with all applicable codes, laws, rules and
regulations and obtain all required permits and approvals at its own cost and expense.
[Execution appears on the following page]
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Folio Number: 01-4116-009-1150 (southern portion of parcel) and 01-4116-009-1310
7588659-3
Signed, witnessed and acknowledged on this day of , 2016.
Witnesses: CORAL WAY ACQUSITION HOLDINGS LLC
Signature
Print Name
Signature
STATE OF
COUNTY OF
Title:
Address:
The foregoing instrument was acknowledged before me by , the
of CORAL WAY ACQUISITION PROPERTIES LLC, on behalf of the
limited liability company. He is personally known to me or has produced
as identification.
Witness my signature and official seal this day of 2016, in the
County and State aforesaid.
Notary Public State of
My Commission Expires:
Folio Number: 01-4116-009-1150 (southern portion of parcel) and 01-4116-009-1310
7588659-3
Print Name
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Victoria Mendez, City Attorney
APPROVED as to Miami2l:
Francisco J. Garcia, Planning and Zoning Director
Folio Numbers: 01-4116-009-1150 (southern half of parcel) and O1-4116-009-1310
7588659-3
EXHIBIT A
Legal Description of the Property
LEGAL DESCRIPTION:
LOTS 7,8 AND 9 LESS STREET, AND LOTS 32,33 AND 34 LESS THE SOUTH 10 FEET
THEREOF, ALSO THE E 35FT OF LOT 30 AND ALL LOT 31 LESS S 10 FT BLOCK 4, OF
AMENDED PLAT OF MIAMI SUBURBAN ACRES, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 4 PAGE 73 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS:
3277 SW 22 TERR
MIAMI, FL 33145
3252-32 SW 22 ST.
MIAMI, FL 33145
Folio Numbers: 01-4116-009-1150 (southern half of parcel) and O1-4116-009-1310
7588659-3
EXHIBIT B
Legal Description of the Subject Property
LEGAL DESCRIPTION:
LOTS 32,33 AND 34 LESS THE SOUTH 10 FEET THEREOF, ALSO THE E 35FT OF LOT
30 AND ALL LOT 31 LESS S 10 FT BLOCK 4, OF AMENDED PLAT OF MIAMI
SUBURBAN ACRES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 4 PAGE 73 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS:
3277 SW 22 TERR
MIAMI, FL 33145
3252-32 SW 22 ST.
MIAMI, FL 33145
Folio Number: 01-4116-009-1150 (southern portion of parcel) and 01-4116-009-1310
7588659-3