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Home My WebLink AboutExhibit B 2017-12-14 (OBSOLETE)This instrument was prepared by and after recordation return to : Name: Jorge L. Navarro, Esq. Address: Greenberg Traurig 333 SE 2°a Avenue, 2°a Floor Miami, FL 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the `Declaration") is made this day of , 2017, by SOUTHEASTERN INVESTMENT GROUP CORPORATION (hereinafter the "Owner"), a Florida limited liability company, its successors and/or assigns, in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter the "CITY"'). RECITALS WHEREAS, the Owner owns the parcels of land located at 2900 S. Miami Ave and 2890, 2900, 2920, 2940 & 2960 S. Federal Highway in Miami, Florida, as more particularly described in EXHIBIT A attached hereto (the "Property"); and WHEREAS, in August 2017, the Owner filed applications for a: (a) Comprehensive Plan amendment to re -designate the Property from "Single Family Residential" to "Duplex Residential" on the City's Future Land Use Map (FLUM); and (2) Rezoning of the Property from T3-R/NCD-3 to the T3-O/NCD-3 Transect Zone on the City's Zoning Atlas (collectively the "Application"); and WHEREAS, the Owner seeks to submit a recordable agreement guaranteeing the development of the Property in substantial conformance with the representations made by the Owner during consideration of „i .hied in emn"oetion with the Application. 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 to be 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 set forth above 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 Property: A. Permitted Uses. The uses on the Property shall be limited to residential uses. Notwithstanding the rezoning of the Property to the T3-0 Transect Zone, Civic and Educational uses as defined in Section 1.1 and Article 4, Table 3 of the Miami 21 Zoning Code shall not be permitted. B. Residential Density. Notwithstanding the rezoning of the Property to the T3-0 Transect Zone, the maximum number of dwelling units permitted on the Property shall be a total of eighteen (18) units. C. Single Family Residence. Notwithstanding the rezoning of the Property to the T3-0 Transect Zone, the Owner shall construct a single family residence along the SW 30th Road frontage. Said single family residence may share access points, driveways and parking facilities with the two-family residences at the Property. D. Access. The two-family residences proposed for the Property shall be served by rear vehicular access, subject to the �pproval of said access driveway by all-- applicable ll-applicable governmental agencies and departments. Notwithstanding the foregoing, the Property may also have a curb cut to permit ingress and egress at the Prol2eLty along both the US -1 and South Miami frontages. Section 3. Permitting. A building permit for the development of the Property shall be obtained no later than two (2) years after the Owner obtains any and all final non -appealable governmental agency approvals necessary for the development of the Property in accordance with this Declaration, including but not limited to, all corresponding plat approvals, waivers, warrants and exceptions required in connection therewith (the "Permitting Period"). Furthermore, upon issuance of the building permits for the development of the Property, the Owner shall diligently pursue the work to completion. 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 such recordation, after which time they shall be extended automatically for successive periods of ten (10) years. This instrument shall constitute a covenant running with the land and title to the Property, which shall be binding upon Owners, their heirs, vendees, successors and assigns. Section 5. Amendment and Modification. This Restrictive Covenant may not be modified, amended, or released as to any portion of the Property by a subsequent written Comment [Al]: Consider to covenant in not create access through S. Federal Highway, instead as it is written. Comment []N2]: If the Waiver to permit rear vehicular access is not approved as part of the site plan approval process, then we may need to access along US -1. Additionally, our conceptual site plan also reflects a curb cut along US -1 and South Miami Avenue. I added language allowing for both. instrument executed by the then Owners of the fee -simple title to the Property � o be affected by , _ - Comment [A3]: Be advised that to sell the properties as a fee simple it requires Waiver and a replat process that may take more than two years such modification, amendment or release unless said modification, amendment or release has proposed in Section 3. Comment []N4]: I have included language in been approved by the Miami City Commission with the notice and procedural requirements for section 3 that addresses planing approvals as well. advertisements and public hearings in effect under the City Code at such time. All costs shall be at the sole expense of the Owner. Any modification, amendment or release shall be subject to the approval of the City Attorney as to legal form and Planning Zoning and Appeals Board recommendation. 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 building and zoning regulations, either to restrain violations or to recover damages. �he prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's feed. The preceding section shall not apply_ - comment [AS]: city attorney's office usually is not comfortable with this type of conditions... in any action or suit against the City of Miami. This enforcement provision shall be in addition comment []N6]: we will address after legal review. 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 the Declaration, which shall remain in full effect. Section 8. Recording. This Declaration shall be recorded in the Public Records of Miami -Dade County at the Owners' expense. [Signature Pages to Follow] Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE SOUTHEASTERN INVESTMENT GROUP CORPORATION Name: Title: The foregoing instrument was acknowledged before me by President _ of Southeastern Investment Group corporation. He is ❑ personally known to me or ❑ has produced identification. Witness my signature and official seal this _ day of State aforesaid. My Commission Expires: Notary Public State of Print Name as Corporation, a Florida , as 2017, in the County and EXHIBIT "A" LEGAL DESCRIPTION