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HomeMy WebLinkAboutExhibit B-SUBThis instrument was prepared by and after recordation return to: Ben Fernandez, Esq. Bercow Radell Fernandez & Larkin, PLLG 206 S. Biscayne Boulevard, Suite 850 Miami, Florida 33931 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANT This Declaration of Restrictive Covenants (the "Declaration") made this day of 2018, by 1515 Miami River, LLC thereinafter 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") WHEREAS, the undersigned Owner holds fee simple title to certain real property located at 1515, 1529, 1543 NW South River Drive in Miami, Florida, which are identified by Miami -Dade Tax Folia Nos. 01-3135-016-0040, 01-3135-016-0060, 01-3135-016-4079 and legally described as follows: LEGAL DESCRIPTION., Lots 4, 5, b, 7, and 8, Block 1, GROVE PARK, according to the Plat !hereof, as recorded in PlaL Bonk 5, Pane 66, of the Public Records of M;orni-Rode County, Florida.. LESS AND EXCEPT- A portion of Lot, 4, Bleck 1, GROVE PARI{, according to the Plot thereof, as recorded in Plot Book 5, Page 66, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begin at the Southeost comer of said Lot 41 Block 1, also being a point along the North right -of -wiry lirle of M.W. South River Drive; thence NOO*00'00"W along the East line of said Lot 4, Block 1 for 112.49 loci; thence N71'1 1'37-W for 0-35 foot to o line being D 33 foot West of and parallel to said Cast line of t_at 4, Block 1; theme SOO'00'40"E ulong said porollel line for 112-50 feet to said North right--of-way Irne of M.W. South River Drive, also being the south line of said Lot h, Ulock 1; thenct 573'48'451"E along soid No+th right-of-wo, ine lot 0.35 foot to the Point of Beginning hereinafter referred to as the "Property.," 17-3330/3404/PZ6 3LtOLI - L)4), b OD Declaration of Restrictive Covenant Page 2 of 7 WITNESSETH WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No. for the Property; and WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein: and NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner of the Property, and its heirs, grantees, successors, and assigns as follows Section 1. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fuliy set forth in this Section. Section 2, The Owner hereby makes the following voluntary declarations running with the land concerning the use of the Property: 1. The owner shall allow waterfront access to the public from 6.00 AM to 10.00 PM along a river walk to be developed as part of a multi -family residential project on the Property. 2. The proffered river walk will be designed in accordance to Article 3, Section 3.11 and Appendix B of the Miami 21 Code. Section -Township -Range: 35, 53. 41 Folio Nos.: 01-3135-016-4040, 01-3135-176-0066, 01-3135- 0016-0070 Declaration of Restrictive Covenant Page 3 of 7 3. The Owner shall replace or refurbish the publically accessible seawall along NW 16th Avenue. 4. The Owner shall improve the segment of NW 16th Avenue abutting the Property to improve drainage. 5, The Owner shall provide landscape and paver or sidewalk improvements to the public median within NW 16th Avenue, if permittable. 6. The Owner shall cooperate with Miami River Commission and the City of Miami to allow water transportation to pick up and drop off passengers at the terminus of NW 16th Avenue, if perrnittable. 7. The Owner agrees to make vessel dockage available along the Miami River frontage of the Property, as may be permitted by Miami Dade County and the City of Miami. 8. The Owner recognizes that legally permitted existing Working Waterfront 24-hour operations may 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 provision to agree not to abject 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 Section-Townsh;p-Range: 35, 53, 41 Folio Nos.. 01.3135-016-0040, 01-3135-016-0060, 01-3135- 0016-0070 Declaration of Restrictive Covenant Page 4 of 7 life issues that might result from legally permitted Working Waterfront 24-hour operations. 9. The Owner shall contribute $28,674.00 to the Miami 21 Public Benefits Trust Fund payable in full prior to obtaining a Certificate of Occupancy for new construction on the Property. Section 3. Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property that shall be binding upon Owner, its heirs, grantees, successors, and assigns. These restrictions shall be a limitation upon all present and future Owners of the Property and shall be for the public welfare. Section 4. Term. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, its successors in interest and assigns, for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (19) years; unless modified, amended or released prior to the expiration thereof. Section 5. Applicable Law & Venue; Attorney's Fees, Florida law will apply to interpretation of this instrument. Venue in any civil actions arising Linder this instrument shall be in Miami -Dade County, Florida. Each Party shall bear their own attorney's fees and costs. Section 6. Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then Owner(s) 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, Zoning and Appeals Board or City Commission after a public hearing which public hearing shall be applied for at the sole cost and expense of the Owner. Upon section -Township -Range: 35, 53, 41 Folio Nos.: 01 -3135 -016 -0040,01 -3135 -016 -0060,01 -3135- 0016 -0070 1-3135-016-0040,01.3135-016-0060,01-3135- 0016-0070 Declaration of Restrictive Covenant Page 5 of 7 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 effectuating and acknowledging such tnodification, amendment or release. Such instruments shall be in a form acceptable to the City Attorney. Section T. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours of the City of Miami's inspector to eater upon the Property for the purpose of investigating the use of the Property and to determine whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. After notice and an opportunity to cure, 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. This enforcement provision shall be in addition to any other remedies available under the law. Each party shall bear their own attorney's fees and costs. 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 filed of record among the Public Records of Miami -Dade County, Florida, by the Owner and at the cost of the Owner, within fifteen (15) days of execution and acceptance by the City of Miami. The Owner shall promptly furnish the City of Miami Planning and Zoning Director with a recorded copy of this Declaration within thirty (30) days of recordation of same. [Signature Pages to Follow] SectianJownship-flange: 35, 53, 41 Folio Nos.: 61-3135-016-0040. 01-3135.016-0060. 01-3135- 0016-0070 Declaration of Restrictive Covenant Page 6 of 7 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of I WITNESSES; Signature Print Name Signature Print Narne STATE OF FLORIDA COUNTY OF MIAMI-DADE OWNER: By. 1515 Miami River, LLC. a Florida Limited Liability Company By: 1515 Miami River Holdings, LLC, a Florida Limited Liability Company, as Manager of 1515 Miami River, LLC By: Antonio P. Pardo, as Manager of 1515 Miami River Holdings; LLC; Address: 2020 Ponce de Leon Blvd., Suite 1103, Coral Gables. FL 33134 The foregoing instrument was acknowledged before me by Antonio P. Pardo, the Manger of 1515 Miami River Holdings, LLC, as Manager of 1515 Miami River, 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 in the County and State aforesaid. Notary Public State of Florida My Commission Expires - Print Name Section -Township -Range: 35, 53, 41 Folio Nos.: 01-3135-016-0040, 01-3135.016-0060, 01-3135- 0016-0070 Declaration of Restrictive Covenant Page 7 of 7 Approved as to Planning and Miami 21 Code; Francisco Garcia, Director Planning Department Approved as to Legal Form: Victoria Mendez City Attorney SeGuon-Township-Range: 35, 53, 41 Folio Nos.: 01-3135-016-0040, 01-3135-016-0060, 01-3135- 0016-0070 EXHIBIT B This instrument was prepared by and after recordation return to: Ben Fernandez, Esq. Bercow Radell Fernandez & Larkin, PLLC 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANT This Declaration of Restrictive Covenants (the "Declaration") made this day of , 20177 by 1515 Miami River, 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 "City"). WHEREAS, the undersigned Owner holds fee simple title to certain real property located at 1515, 1529, 1543 NW South River Drive in Miami, Florida, which are identified by Miami -Dade Tax Folio Nos. 01-3135-016-0040, 01-3135-016-0060, 01-3135-016-0070 and legally described as follows: LEGAL DESCRIPTION: Lots 4, 5, 6, 7, and 8, Block 1, GROVE PARK, according to the Plot thereof, as recorded in Plat Book 5. Page 66, of the Public Records of Miami—Dade County, Florida. LESS AND EXCEPT: A portion of Lot 4, Block 1, GROVE PARK, according to the Plot thereof, as recorded in Plat Book 5, Page 66, of the Public Records of Miami—Dade County, Florida, being more particularly described as follows: Begin at the Southeast corner of said Lot 4, Block 1, also being c point along the North right—of—way line of N.W. South River Drive; thence NOO'00'00"W along the East line of said Lot 4, Block 1 for 112.49 feet; thence N71'11'37"W for 0.35 foot to a line being 0.33 foot West of and parallel to said East line of Lot 4, Block 1- thence SOO'00'00"E along said parallel line for 112.50 feet to said North right—of—way line of N.W. South River Drive, also being the south line of said Lot 4, Block 1; thence S73'48'49"E along said North right—of—way line for 0.35 foot to the Point of Beginning. hereinafter referred to as the "Property." Declaration of Restrictive Covenant Page 2 of 6 WITNESSETH WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No. for the Property; and WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein; and NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner of the Property, and its heirs, grantees, successors, and assigns as follows: Section 1. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Owner hereby makes the following voluntary declarations running with the land concerning the use of the Property: 1. The owner shall allow waterfront access to the public from 6:00 AM to 10:00 PM along a river walk to be developed as part of a multi -family residential project on the Property. 2. The proffered river walk will be designed in accordance to Article 3, Section 3.11 and Appendix B of the Miami 21 Code. Section 3. Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property Section -Township -Range: 35, 53, 41 Folio Nos.: 01-3135-016-0040, 01-3135-016-0060, 01-3135- 0016-0070 Declaration of Restrictive Covenant Page 3 of 6 that shall be binding upon Owner, its heirs, grantees, successors, and assigns. These restrictions shall be a limitation upon all present and future Owners of the Property and shall be for the public welfare. Section 4. Term. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, its successors in interest and assigns, for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 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 and costs. Section 6. Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then Owner(s) 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, Zoning and Appeals Board or City Commission after a public hearing which public hearing shall be applied for at the sole cost and expense of 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 effectuating and acknowledging such modification, amendment or release. Such instruments shall be in a form acceptable to the City Attorney. Section 7. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working Section -Township -Range: 35, 53, 41 Folio Nos.: 01-3135-016-0040, 01-3135-016-0060, 01-3135- 0016-0070 Declaration of Restrictive Covenant Page 4 of 6 hours of the City of Miami's inspector to enter upon the Property for the purpose of investigating the use of the Property and to determine whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. After notice and an opportunity to cure, 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. This enforcement provision shall be in addition to any other remedies available under the law. Each party shall bear their own attorney's fees and costs. 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 filed of record among the Public Records of Miami -Dade County, Florida, by the Owner and at the cost of the Owner, within fifteen (15) days of execution and acceptance by the City of Miami. The Owner shall promptly furnish the City of Miami Planning and Zoning Director with a recorded copy of this Declaration within thirty (30) days of recordation of same. [Signature Pages to Follow] Section -Township -Range: 35, 53, 41 Folio Nos.: 01-3135-016-0040, 01-3135-016-0060, 01-3135- 0016-0070 Declaration of Restrictive Covenant Page 5 of 6 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of 2017. WITNESSES: OWNER: By: 1515 Miami River, LLC, a Florida Limited Liability Company Signature By: 1515 Miami River Holdings, LLC, a Florida Limited Liability Company, as Manager of 1515 Miami River, LLC Print Name By: Antonio P. Pardo, as Manager of 1515 Miami River Signature Holdings, LLC, Address: 2020 Ponce de Leon Blvd., Suite 1103, Coral Print Name Gables, FL 33134 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by Antonio P. Pardo, the Manger of 1515 Miami River Holdings, LLC, as Manager of 1515 Miami River, 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 in the County and State aforesaid. Notary Public State of Florida My Commission Expires: Print Name Section -Township -Range: 35, 53, 41 Folio Nos.: 01-3135-016-0040, 01-3135-016-0060, 01-3135- 0016-0070 2017, Declaration of Restrictive Covenant Page 6 of 6 Approved as to Planning and Zoning: Francisco Garcia, Director Planning and Zoning Department Approved as to Legal Form: Victoria Mendez City Attorney Section -Township -Range: 35, 53, 41 Folio Nos.: 01-3135-016-0040, 01-3135-016-0060, 01-3135- 0016-0070