HomeMy WebLinkAboutSubmittal-Iris Escarra-Exhibit CSubmitted into the pub C�
record f itlr� A �'—
on
City Clerk
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SETTLEMENT AGREEMENT
This Settlement Agreement (the "Agreement") is entered into by and between
Southeastern Investment Group, Corp.. a Florida coiporation ("SIG"), and Jose J. and
Mercedes Solares residing at 2940 S. Miami Avenue, Miami, Florida 33129: Luis Paillot and
Robert Avona residing at 2952 S. Miami Avenue, Miami, Florida 33129; Ariel J. and Carmen
Guitian residing at 30 SNA' 30 Road, Miami, Florida 33129; Pedro Pablo Puerto, as trustees
for Pedro Pablo Puerto Revocable Trust, residing at 40 SW 30 Road, Miami, Florida 33129:
William Thomas Lamp'I and Jessica Lynn Lamp'] residing at 31 S%N' 30 Road, Miami,
Florida 33129; and Graciela Solares residing at 60 SW 30 Road, Miami, Florida 33129
(collectively, the "Neighbors"). SIG and the Neighbors are hereinafter collectively referred to
as the "Parties."
U VIf II'll Al Q
WHEREAS, SIG is the owner of the properties located at 2900 S. Miami Avenue, and
2890, 2900, 2920, 2940, and 2960 S. Federal Highway, all in Miami, Florida, more particularly
described in Exhibit "A" attached hereto and made a part hereof, (the "SIG Property"); and
WHEREAS, the SIG Property is currently zoned T3 -R under Miami 21. the Zoning
Ordinance of the City of Miami, with a Future Land Use Map designation of Single Family
Residential; and
S
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Settlement Agreement
SIG Project
WHEREAS, SIG has filed an application with the City of Miami to rezone the SIG
Property from T3 -R to T3-0 and amend the Future Land Use Map designation from Single
Familv Residential to Duplex Residential (the "SIG Application"). and
WHEREAS, as part of the SIG Application, SIG has proffered a Declaration of
Restrictive Covenants running with the SIG Property attached hereto as Exhibit "13" (the "SIG
Property Covenant") that will be recorded, with such changes as may be requested by the City.
upon obtaining final approval of the SIG Application by the City of Miami and expiration of all
deadlines of seeking appellate review; and
WHEREAS, if said changes requested by the City are contrary to this Agreement. then
the Neighbors reserve their right to object to the changed project and this Agreement is null and
void: and
WHEREAS, the '.Neighbors have expressed certain concerns regarding the SIG
Application and its potential impact on their neighborhood; and
WHEREAS, SIG disputes the ?Neighbors' allegations that the SIG Application and future
redevelopment of' the SIG Property v`ill cause any adverse impacts to the neighborhood under
applicable law and equity. and
WHEREAS, SIG seeks to incorporate certain changes to the SIG Application and place
certain restrictions and limitations related to the future development of the SIG Property as more
particularly described below in exchange for the ?Neighbors' agreement of non -objection and no -
opposition to the SIG Application and the construction and development of the SIG Project as
defined further herein: and
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Settlement Agreement
SIG Project
WHEREAS, the Parties desire to amicably resolve the concerns raised by the Neighbors
with respect to their differences of opinion regarding the alleged adverse impacts that may be
potentially caused by the proposed development of the 17 residential units at SIG Property as
described in 1,ection4 below (the "SIG Project"); and
WHEREAS, the Parties unequivocally affirm and confirm the legality. validity and
enforceability of this Agreement and the sufficiency, adequacy. and exchange and receipt by the
Parties of valuable consideration, including, without limitation, the agreements and covenants
contained herein.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants.
conditions, and agreements contained herein and other good and valuable consideration. the
receipt and sufficiency of- which are hereby acknowledged, and with the intent to be legally
bound upon execution hereof, the Parties stipulate and agree as follows:
AGREEMENT
I . The foregoing recitals are true and correct and incorporated herein by reference.
2. The Parties agree that this Agreement memorializes the terms of the Parties
negotiations and consensus. Nvhich are listed below.
3. None of the Parties shall raise, and all of the Parties expressly waive, any defense to
the enforcement of this Agreement based on any assertion that it is unenforceable for any reason
whatsoever. including, without limitation. public policy considerations.
4. sect Ite"tricti(In".
a) Site Plan. Contingent upon approval through the zoning and building permit
Settlement Agreement
SIG Project
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process, the use of the SIG Property shall be established and maintained in substantial
conformity with that certain site plan entitled "South Federal Hwy. Parcel." as prepared by
Borges Architects + Associates dated July 20, 2017, attached hereto as Exhibil "C" together
with such modifications as set forth in Section 6 herein (the "Site Plan"). The Site Plan sets
forth that the total number of residential units shall not exceed the 17 residential units proposed
for the SIG Property as depicted in the Exhibits of this Agreement. SIG and the Neighbors
acknowledge that the future development of' the SIG Property shall require detailed site plan
approvals by the City which will determine, among other things, the exact location, distribution.
and orientation of the residential units to be located on the SIG Property, as well as, other
requirements for compliance with all applicable departments/agencies/overlays as part of the
City of Miami building permit submittal process including but not limited to: EP -46
(Environmental Preservation 46) designation, Transportation Scenic Corridor designation,
Environmental Resources, Historic Preservation Section, Land Use. Zoning, Building, Fire and
Public Works. SIG will submit detailed plans consistent with this Agreement to the City and seek
approval of said plans through the ordinary municipal procedures with written notice of said
submittals made to the Neighbors ten (10) days prior to that submittal. In no event shall
additional abutting properties may be added to the Site Plan by SIG in connection with the
development of the SIG Project without two-thirds (2/3) ofthc Neighbors' written consent.
b) Single Fami1v Residence. As reflected in the Site Plan, the development of the
SIG Property shall include a minimum 5,000 square foot lot at the intersection of South Federal
I ighway and SW 30`x' Road which shall be reserved solely for the use, design and development
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Settlement Agreement
SIG Project
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of a single family residence as reflected in the Site Plan (tile "Single Family Lot"). In no event
shall said Single Family Let be constructed with any non T3 -R permitted structure.
c) Landscaping. SIG shall install a 12 toot hedge along the Southern boundary of
the SIG Property pursuant to Miami 21. Additionally, SIG shall install, at its sole cost and
expense, an aluminum post fence along the southern boundary of the SIG Property at a height of
eight (S) feet. If said height is not approved, then Owner shall build a six (6) foot high fence.
Subject to the consent of the owner of Lot 13, SIG vvill also remove_ at its sole cost and expense.
the existing fence along the Northern property line of Lot 13 according to the plat recorded in
Plat Book 42, Page 73. of the Public Records of 1vIiami-Dade County, Florida (identified by
Folio No. 01-4139-003-0030). The hedge and aluminum fence described herein shall be
maintained in good condition by the homeowner's Association or other entity created for the
governance of the SIG Property. Additionally, SIG shall cooperate with the owner of the
aforementioned Lot 13 to install, at SIG's sole cost and expense, a similar landscaping hedge
along the Northern boundary of said Lot 13 provided same is acceptable to the then owner of Lot
13.
d) Access. Access to the SIG Property shall be limited as follows:
i) S\V 30°i Itoad. Vehicular access to the SIG Property along SSV 30'x' Road shall
be limited to ingress only.
ii) SoUth Miami r1�cnuc. Vehicular access to the SIG Property along South
Miami Avenue may permit both ingress and egress, both by right -turn only.
J) SoUlh I cderal I liulm� a\. Vehicular access to the SIG Property along South
Federal Highway shall not be limited or restricted. Notwithstanding the
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Submitted into the publi
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Settlement Agreement on —�- 1 • City Clerk
SIG Project
foregoing. in no event shall an access drive along the LS -1 frontage be
permitted closer than 200 feet from SW 30`x' Road.
5. Covenant Amendments. SIG hereby agrees to record the Declaration of
Restrictions attached hereto as I'Ahibit "D) (the "Neighbors Covenant") in the Public Records
of Miami -Dade County within five (5) days of obtaining final non -appealable approval of the
SIG Application by the City of Miami.
6. Site Plan Modifications. Notwithstanding anything to the contrary, SIG and its
successors and assigns shall have all rights as the owners of the SIG Property to apply for and
otherwise pursue amendments or modifications to the Site Plan that are determined by the City
of Miami to comply with Section 7.1.3.5.c.1, 2, or 5 of Miami 21 (the "Minor Modifications").
The Neighbors further hereby acknowledge and agree not to object or oppose SIG's efforts in
processing and obtaining a Minor Modification, as defined herein, and shall not object nor
encourage third parties from objecting to same. If necessary, Neighbors agree to sign, execute
and deliver any applications or documents that may be reasonably requested by the City of
Miami or other local governmental authority to permit the development of the SIG Property in
accordance with this Agreement. However. said requested Minor Modifications shall not include
anv material deviations from the requirements set forth in Section 4(b) through 4(d) of this
Agreement. SIG shall provide courtesy notice to the Neighbors in writing of the proposed Minor
Modifications twenty (20) days prior to submittal to the City. In the event that SIG, and/or its
successors or assigns, seeks to proceed with a modification to the Site Plan that are determined
by the City of Miami to not comply with Section 7.1.3.5.c.1. 2. or 5 (the "Non -Minor
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SIG Project
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Nlodifications"), then such Non -Minor Modifications shall be submitted to the Neighbors for
review and consideration. SIG acknowledges that the Neighbors retain their rights to object to
any Non -Minor Modifications that materially deviate from the requirements set forth in Section
4(b) through 4(d) of this Agreement.
7. Neighbors' C'ooper:nion and \on -t thjection. The Neighbors agree not to object or
oppose the SIG Application (and the construction and development of the SIG Project consistent
with this Agreement) and to participate in the SIG Application process by either providing
letter(s) of non -objection to the SIG Application or having a legal representative appear at any
public hearings in connection therewith to confirm such non -objection to the SIG Application.
Subject to SIG complying with all terms and conditions of this Agreement, the Neighbors shall
cooperate with SIG to permit the construction and development of the SIG Project. including
applications for Waivers to permit rear vehicular access and a reduction in the front setback
requirements for the SIG Project, demolition permits. plat and subdivision approvals. tree
removal permits, building permits. Historic and Environmental Preservation Board approvals. or
any other application that is consistent with the provisions of this Agreement and reasonably
necessary in order to proceed with the construction and development of the SIG Project
(collectively, the "Development Approvals"). In consideration of the mutual agreements
contained herein, the Neighbors further agree not to object. protest, appeal or other\vise interfere
with any aspect relating, either directly or indirect],., to the approval and processing of the SIG
Application and the construction and development of the SIG Property (including the
Development Approvals pertaining to the SIG Project), nor shall the Neighbors in any way
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Settlement Agreement
SIG Project
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encourage any third parties to do so, and SIG further agrees to construct and develop the SIG
Project as set forth in this Agreement
8. AVaiver_Of ApI?cllatc_ Rights, The Neighbors agree to waive all rights to appeal, any
and all approvals issued by the City (or any, other local, city. count\,, state or federal
governmental authority or agency having jurisdiction over the SIG Property) relating, either
directly or indirectly, to any future development or redevelopment of the SIG Property regardless
of the ownership interests in the SIG Property, so long as said approvals are consistent with the
provisions of this Agreement and SIG is in compliance with all terms of this
Agreement (including all references to the Neighbor's Covenant previously attached as Exhibit
"D" attached hereto). This section is not intended to limit the ability of the Parties to enforce
this Agreement in the event that the SIC, Property is not developed consistent with the terms of
this Agreement pursuant to Section 14 herein.
9. SIG Proiect Termination or Expiration. In the event that the SIG Application and
Development Approvals are not approved by the City of Miami. the terms and agrcemcnts herein
shall be null and void. and neither SIG nor the Neighbors shall have any continuing rights or
obligations hereunder.
] 0. Dismissal of Pendinz I itioatir�n. Within five (5) days of obtaining final approval
of the SIG Application by the City of Miami Commission and the expiration of all applicable
appeal periods. SIG shall dismiss with prejudice the pending cases currently pending as Case
No.: 2015-14688 CA 01 (25) and Case No.: 15-204 AP in the Circuit Court of the 1 ]`� Judicial
Circuit in and for Miami -Dade County, Florida.
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Settlement Agreement
SIG Projcct
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1 1. Pcrmiitin;.,. Within ten (10) months of SIG obtaining final approval of the SIG
Application by the City of Miami Commission and the expiration of all applicable appeal
periods, SIG shall submit applications to the City of Miami for any Waivers. Warrants, or
Historic Environmental Preservation Section approvals necessary for development of the SIG
Property in accordance with this Agreement (the "Initial Development Approvals"). Within six
(6) months of obtaining final approval of the Initial Development Approvals and the expiration
of all applicable appeal periods. SIG shall submit an application for building permit with the City
of Miami for development of the SIG Property in accordance with this Declaration. Furthermore,
upon issuance of the building permits for the development of the SIG Property, SIG shall
diligently pursue the work to completion. Additionally, SIG shall use commercially reasonable
efforts to pursue the Initial Development Approvals and building permits for the SIG Property.
The ten (10) and six (6) months periods described herein may be extended for a reasonable
period of time by mutual written agreement of SIG and a majority of the Neighbors provided that
SIG continues to work in good faith to obtain the necessary Initial Development Approvals and
building permits for development of the SIG Property.
12. I-orcc Maicurc. Should SIG be prevented from performing any obligations herein
(including complying with ten (10) and six (6) months periods described in �ccthm I I herein)
due to or resulting from a "Force '.Majeure" as defined in this Section. SIG shall be excused from
performance (including complying with ten (10) and six (6) months periods described in �,ccti011
1 l herein) for a period equal to the period of the delay occasioned by any Force Majeure. As
used herein. "Force Majeure" shall mean an act of God which includes but is not limited to
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Settlement Agreement
SIG Pro_jecr
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sudden, unexpected or extraordinary forces of nature such as floods, washouts, storms.
hurricanes. fires, earthquakes, landslides, epidemics. explosions or other forces of nature, strikes.
lockouts, other industrial disturbances, wars, acts of public enemies, riots, military action, civil
manufacturing and deliver, delays and other causes reasonably beyond the control of the SIG.
whether or not specifically enumerated herein. SIG shall notify the Neighbors in writing within
ten (10) days of the commencement of the Force Majeure, and describing the nature of such
Force Majeure and estimated period of time within which to cure said Force Majeure.
13. Jurisdiction. The Parties agree that the Circuit Court of the Eleventh Circuit of
Miami -Dade County, Florida shall have exclusive jurisdiction over any disputes arising from.
related to or connected with this Agreement.
14. kn_lorcrmcnt. Anv violation or any breach of this Agreement may be remedied by
any relief available at law or equity, including injunctive relief and/or damages, by any party to
this Agreement.
15. Vntirc Agreenient. This Agreement, including its recitals, conditions, releases and
Exhibits contains all of' the terms and conditions agreed upon by the Parties, relating to its
subject matter, and supersedes any and all prior and contemporaneous agreements. negotiations,
correspondence, understandings and communications of the Parties, whether oral or written,
respecting the subject matter of this Agreement.
16. Amendment and Modification. This Agreement may be amended or modified
only in writing signed by SIG, or its successors, and vN ith the consent of two-thirds (2/3) of the
Neighbors located on the south side of US -1 and within 500 feet of the SIG Property and
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Settlement Agreement
SIG Project
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included with in the hatched area in Exhibit "E". attached hereto but excluding owners of any
portion of Property.
17. Attornev,' fees. Each party shall be responsible for their own attorneys' fees
incurred in connection with this Agreement except as set forth herein. However, in the event of
litigation between the Parties in connection with or pursuant to this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees and costs at trial and at all levels of appeal.
18. Authorization. Each corporate and organizational signatory warrants that it has the
right and authority to execute this Agreement and to receive the consideration therefore and that
this Agreement is being entered into freely and voluntarily.
19. Notices. All communications concerning this Agreement shall be in writing by
certified mail, return receipt requested or personal delivery and shall be addressed to the Parties
and their representatives at the mailing addresses reflected at the time on the 'Miami -Dade
County Property Appraiser's Office.
20. Signatures and Counterparts. This Agreement may be executed by the Parties in
counterpart originals with the same force and effect as if' fully and simultaneously executed as a
single original document. Signatures transmitted by electronic mail (i.e.. PDF) shall be binding
as if they were originals. The "Effective Date" of this Agreement shall be the date this
A-reement has been executed by all Parties. Fully executed duplicate originals of this
Agreement shall be distributed to the Parties.
Settlement Agreement
SIG Project
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on j 11 ' City Clerk
21. ScvcrabilitN. If any section. part of section, paragraph, clause, phrase, or word of
this Agreement is declared invalid, the remaining provisions of this Agreement shall not be
affected.
22. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the Parties and to their respective successors and assigns. A copy of this Agreement
and the executed Neighbor Covenant shall be furnished to the future horneowner's of the SIG
Project at the time of sale.
]SIGNATURE PAGES TO FOLLOW]
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Settlement Agreement
SIG Project
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and
year set forth below.
Print Name: NNW O Yl V 1 G K e f 5
STATE OF FLORIDA
SS:
COUNTY OF MIAMI -DARE
Southeastern Investment Group, Corp., a Florida
corporation
Its: I
Dated: 11 0 c7, A 1
The foregoing instrument was acknowledged before
l�Lv 2017 by ZA;✓k0_A M_ t`eD
who appeared before me, is personally known to me or producedT
identification, and did take an oath.
NOTARY:
Print Name: )r kLp ,
Notary Public, State of Florida at Large
(Notarial Seal)
My commission Expires:
..........
° JANET R0511L0
Notary Public -State of Florida
Commissbn a GG 109252
My Comm. Expires Jun 6, 2021
me this t'7' day of
and
as
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Settlement Agreement
SIG Project
W itnesses:
Print Name: �irN p11
Print Name: Q C lr Q U t 4-t A�y
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
Submitted into the pubue-
record fo it (s Y t_
on
City Clerk
JosO. Solaces, an
Gi ae6rZ9
es Solares, an individual
Address: 2940 S. Miami Avenue,
Miami, Florida 33129
The foregoing instrument was acknowledged before me this % duty of October, 2017
by Jose J. Solares and Mercedes Solares who appeared before me, is personally known to me or
produced as identification, and did take an oath.
NOTARY:
Print Name:
Notary Public, State of Florida at Large
My commission Expires: (Notarial Sea)) LINDA L. CARROLL
�m w
; Notary Public - State of Florida
My Comm. Expires Jan 14, 2018
- Commission N FF 055754
"oordad renown Natiorra' -ay Aun.
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Settlement Agreement
SIG Project
Witnesses:
Prin j Name CCv 1 i io 6/u n
i
Print Name: k,Kr
STATE OF FLORIDA
COUNTY OF MIAMI -DARE
Submitted intoes e pub '
record for ite�
n)
on City Clerk
l/v
- Luis Pail al
_ --
7' a -
-- 'P�ZI1
Robert Ayona, an individu 1
Address: 2952 S. Miami Avenue,
Miami, Florida 33129
) SS
The foregoing instrument was acknowledged before me this
by Luis Paillot and Robert Avona who appeared before me, is pi
produced as identification, and did take an
Marla Bermudez
My Commlrwion FF 296426
a E)Orel 09/20/2019
My commission Expires: C'q Z$ f -w ` l
NOTARY:
Print Name:
Notary Public, State of
(Notarial Sea])
1Oay of October, 2017
sally known to me or
SfA-!1.
ornda at Large
15
0
Settlement Agreement
SIG Project
Witnesses:
Print N�
Print Name: 0(zec�o S
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
Submitted into the pub
record fo tM_-
on ltCity Clerk
Ariel J. Guitian, an individual
Carmen Guitian, an individual
Address: 30 SW 30 Road, Miami, Florida 33129
'( f
The foregoing instrument was acknowledged before me this 1_2_ day of October, 2017
by Ariel J. Guitian and Carmen Guitian who appeared before me, is personate known to me or
produced as identification, and did take an oath.
NOTAR
Print Name:
Notary Public, St o ffI i I ar e
LINDA L. CARROLL
,,+
My commission Expires: (Notarial Seal) +�. 3 Notary Public - State of Florida
. • E My Comm. Expires Jan 14, 2018
Commission N FF 055754
9 a t„••`�
Bonded TTaouph Nw,Onni Notary Assn.
16
Settlement Agreement
SIG Project
Witnesses: '
Print
Print Name:
STATE OF FLORIDA }
1t a ��Cc �' {� ) SS.
COUNTY OF >� C"
Submitted into the publ'
record fo rtel (s _
on City Clerk
By;
Pedro Pablo Puerto, as Trustee for Pedro Pablo
Puerto Revocable Trust
Address: 40 SW 30 Road, Miami, Florida 33129
The foregoing instrument was acknowledged before me this day of
k , 2017 by Pedro Pablo Puerto as Trustee for the Pedro Pablo Revocable Trust
who appeared before me, is personally known to me or produced . 5-1 was
identification, and did take an oath. At'm�'q I fie <! v;[ ( u CNS
I . I
"-� Ual � � --?, 2 0 ( z
My commission Expires:
NOTARY:
Print Name: �% � jye 0 / —t
Notary Public, State of Florida at Large
(Notarial Seal)
— —
KERRI GREANER
Noury Pumic • holo d "W o
Mty Comm. EntltK �o01T, 201
CommiNbrr it FF 10031
*d,
Bonded Throw NMWO Nally Am
17
Settlement Agreement
SIG Project
Witnesses:
c— n
Print Name:
Print Name:
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
Submitted into the publi
record fo ite (s
on i City Clerk
(113 - I C.." ' )
William Thomas ,amp' , a individual
Jess' a Lynn Lamp'l, an i ividual
Ad -css: 31 SW 30 Road, Miami, Florida 33129
The foregoing instrument was acknowledged before me this (T"day of October, 2017 by
William kamp'I and .!essica Lamp] .vho appeared before me, is personally known to me or
pr0d1lced1XffirjA__KNR.(S " AUZs identification, and did take an oath.
NOTARY:
Print Name: p��0
My commission Expires:
Notary Public, State of Florida at Large
(Notarial Seal)
JANETAOSILLO
1 Notary Public—Stateo�Florda
Commission t GG 109152
My Comm. Expires Jun 6.2011
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Settlement Agreement
SIG Project
Submitted into the publ'
record Z I Item(� ,
on ' City Clerk
Witnesses:
GracietaSolares, an individual
/rintame:/'
Address: 60 SW 30 Road, Miami, Florida 33129
L� 1— -
Print Name: et2 -Cr �t' L,4 j
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
4
The foregoing instrument was acknowledged before me this LI: day of October, 2017
by Gracicla Solares who appeared before me, is personally known to mg. or produced
as identification, and did take an oath.
My commission Expires:
NOTARY: , /'
Print Name:
Notary Public, State of Florida at Large
(Notarial Seal)
20
ya�o''•
LINDA L. CA'ROLL
Notary Public - Slate of Florida
• =
My Comm. Expires Jan 14, 2018
Commiss on k FF 055754
Bonded'"roug"Nat ona Notary Assn.
. P�
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Settlement Agreement
SIG Project
EXHIBIT "A»
SIG PROPERTY LEGAL DESCRIPTION
PROPERTY ADDRESS #1:
2960 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
LEGAL DESCRIPTION:
LOT 1, OF EKMAT SUBDIVSION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PACE 87, OF THE PUBLIC RECORDS OF
MIAMI -RADE COUNTY, FLORDA-
PROPERTY ADDRESS #2:
2940 SOUTH FEDERAL HIGHWAY, 6}1kMt, FL, 33129-37.12
LEGAL DESCRIPTION:
LOT 2, OF EKMAT SUBOINSION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBLIC RECORDS OF
MIAMI -RADE COUNTY. FLORIDA.
PROPERTY ADDRESS 43:
2920 SOUTH FEDERAL HIGHWAY, MIAMI, FL. 3312.9-3732
LEGAL DESCRIPTION:
LOT 3, OF EKMAT SUBDIVISION, ACCORDNG TO THE PLAT THEREOF, AS
RECORDED N PLAT BOOK 69, PAGE 67, OF THE PUDLIC RECORDS OF
MIAMI -RADE COUNTY, FLORIDA.
PROPERTY ADDRESS #4:
2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL. 33129-3732
LEGAL DESCRIPTION:
LOT 4, OF EKMAT SJBDIASION ACCORDING TO THE PLAT THERFCF, AS
RECORDED IN PLAT BOOK 69, PACE P,7, OF THE PUBLIC RECORDS OF
MIAMI -DARE COUNTY, FLORIC.A.
Submitted into the pub.�
record fo IitelM
on City Clerk
PROPERTY ADDRESS #5:
2890 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
FOLIO: 01-4139-003-W70
LEGAL DESCRIPTION:
LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND
THE FOLLOWING DESCRIBED PORTION OF LOT 22. TO IMT: FOR A POINT OF
BEGINNING, COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 22; THENCE
RUN WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 22 A DISTANCE
OF 5 FEET, THENCE RUN SOUTHERLY AND PARAL_EL TO THE EASTERLY UNE
OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY LINE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY UNE OF SAID
LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF
BEGINNING, OF RESUBDIVISION OF BLOCKS 61 AND 62 OF FLAGLER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE
73, OF THE PUBLIC RECORDS OF MIAM -DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #16:
2900 SOUTH FEDERAL HIGHWAY, M. AMI, FL 33129-3732
FOLIO: 01- 4139 -CC 3- 0060
LEGAL DESCRIPTION:
LOT 2C, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND
THE FOLLOWING DESCRIBED PORTION OF LOT 22, TO WT; FOR A POINT OF
BEGINNING, COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 22; THENCE
RUN WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 22 A DISTANCE
OF 5 FEET; THENCE RUN SOUTHERLY AND PARALLEL TO THE EASTERLY LINE
OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY UNE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY LINE OF SAID
LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF
BEGNNING. OF RESUBDIVISION OF BLOCKS 61 AND 62 OF FLAGLER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE
73, OF THE PUBLIC RECORDS OF MIAMI-DA.DE COUNTY, FLORIDA. PROPERTY
IS VACANT LAND, ADJACENT TO VACANT LAND AND NOT HOMESTEAi,
PROPERTY OF GRANTOR.
21
Settlement Agreement
SIG Project
ExII1111'i' "13"
SIG COVGNAN'1'
Submitted into the public
record f r ite S)
on� — City Clerk
This instrument was prepared by and
after recordation return to :
Name: Jorge I . Navarro. Esq
.Address: (,r"iil, :v Iraujig
333 SE 2" A%omit. ,.' floor
Miam:, PI. 3713 i
Submitted into the pub
record fc ite s) 30
on I I � City Clerk
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE. COVENANTS
This Declaration of Restrictive Covenants (the "Declaration" 1 is made this Tay of
October, 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").
RECI'T'ALS
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 1.X111111"1 A attached hereto (the "Property"); and
WHEREAS, 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 (21 Rezoning of the Property from T3-RLNCD-3 to
the T3-0,NCD-3 Transect Zone on the City's Zoning Atlas, in order to permit the development
of a residential project on the Property (collectively the "Application")- and
WHEREAS, the Owner seeks to submit a recordable agreement guaranteeing the
development of the Property in substantial conformance with the assurances made in this
Declaration.
Submitted into the pub i
record fyr it m(s) ?
on I � 9 City Clerk
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. Site Plan. Contingent upon approval through the zoning and building permit
process, the use of the Property shall be established and maintained in substantial
conformity -,Nrith that certain site plan entitled "South Federal H�vy. Parcel," as
prepared by Borges Architects + Associates dated July 20, 2017 (the "Site Plan")
attached hereto as 11'XIIJBIT It, with such modifications to the Site Plan that are
determined by the City to comply with Section 7.1.3.5 of Miami 21, The Site
Plan sets forth that the total number of residential units shall not exceed the 17
residential units proposed for the Property as depicted in the Exhibits of this
Declaration. The Owner acknowledges that the future development of the
Property shall require detailed site plan approvals by the City which will
determine, among other things, the exact location, distribution. and orientation of
the residential units to be located on the Property, as well as. other requirements
for compliance with all applicable departments/agencies/overlays as part of the
City of Miami building permit submittal process including but not limited to: EP -
46 (Environmental Preservation 46) designation, Transportation Scenic Corridor
Submitted into the pub is
record fir it (s) ,
on I City Clerk
designation, Environmental Resources, Historic Preservation Section. land Use,
Zoning, Building, Fire and Public Works. Owner will submit detailed plans
consistent with this Declaration to the City and seek approval of said plans
through the ordinary municipal procedures.
B. Permiltcd ( tics. The uses on the Property shall be limited to residential uses.
Notwithstanding the rezoning of the Property to the T3-0 Transect Zone, the
following uses shall not be permitted any commercial uses, lodging and/or
educational uses as defined in Section 1.1 and Article 4. Table 3 of the Miami 21
Zoning Code.
C. Rcsidenlial DensilN. Notwithstanding the rezoning of the Property to the T3-0
Transect Zone, the maximum number of dwelling units permitted on the Property
shall be seventeen (17) units.
t�. tiinul__1_anlilr Itosidencr. Notwithstanding the rezoning of the Property to T3 -O.
the development of the Property shall include a minimum 5,000 square foot lot at
the intersection of US -1 and SW 30"' Road which shall be reserved in perpetuity
for the use, design and development of a single family residence as reflected in
the Site Plan (the "Single Family Lot'). In no event shall said Single Family Lot
be constructed with any non T3 -R permitted structure.
Notwithstanding anything to the contrary, the residential units that abut
the rear yard of the existing single family home located on Lot 13 according to the
plat recorded in Plat Book 42, Page 73, of the Public Records of Miami -Dade
County, Florida (identified by Folio No. 01-4139-003-0030) shall be constructed
with a minimum rear setback of 25 feet as reflected in the Site Plan.
Submitted into the publ'
record for iter s) Vt. '� a
on IL ( City Clerk
F, Access. The two-family residences proposed for the Property shall be served by
rear vehicular access, subiect to the approval of said access driveway by all
applicable government agencies and departments. Vehicular access along SW
30`x' Road shall be limited to a single curb cut with ingress only. Notwithstanding
the foregoing, the Property may also have curb cuts to permit vehicular ingress
and egress along both the US -1 and South Miami frontages. However, the ingress
and egress along South Miami .Avenue shall be limited to right -turn -in and right -
turn -out only. Additionally, in no event shall a curb cut or access be permitted
along the US -1 frontage within 200 feet of SW 30`h Road,
G I andscape liul_Icr�, The Owner agrees to provide an opaque landscape buffer
along the rear (South) property line to further screen the residential units on the
Property from the view of the abutting residences. Specifically. Owner shall
install a 12 foot hedge along the Southern boundary of the Property pursuant to
Miami 21. Additional]),, Owner shall install, at Owner's sole cost and expense, an
aluminum post fence along the southern boundary of the SIG Property at a height
pursuant to Miami 21; provided however not to exceed eight (8) feet in height.
The hedge and aluminum fence described herein shall be maintained in good
condition by the Homeowner's Association or other entity created for the
governance of the Property.
K NIL-1111000r;il S -10c. The architecture of the proposed residential units at the
Property will include warm facade materials such as hard woods, stone veneers
and specialty metals of quality. Overall building envelope will be finished with
smooth stucco and a palette of at least 4 color options will be provided to the
Submitted into the pu is
record f0jr Jtct (s) —
on lLI City Clerk
future owners of the residential units at the Property to guide the coloration of
facades and limit the variations in color to a palette of whites. soft beige and other
warm tones. Mechanical equipment shall be installed on roof tops and screened.
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 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 4. Amendment and Modification. This Declaration may not be modified,
amended, or released as to any portion of the Property by a subsequent written instrument
executed by the then Owners of the fee -simple title to the Property to be affected by such
modification, amendment or release unless said modification, amendment or release has been
approved by the Miami City Commission with the notice and procedural requirements for
advertisements and public hearings in effect under the City Code at such time. All costs related
to said modification, amendment or release 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.
Scetion 5. 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. The prevailing party in the action or suit shall
be entitled to recover costs and reasonable attorney's fees. The preceding section shall not apply
Submitted into the pub�j
record for items} s Lu
on City Clerk
in any action or suit against the City of Miami. This enforcement provision shall be in addition
to any other remedies available under the ia,,v.
Section 6. Permitting. Within ten (10) months of Owner obtaining final approval of'
the Application and the expiration of all applicable appeal periods, SIG shall submit applications
to the City of Miami for any Waivers. Warrants. or Historic Environmental Preservation Section
approvals necessary for development of the Property in accordance with this Declaration (the
"Initial Development Approvals"). Within six (6) months of obtaining final approval of the
Initial Development Approvals and the expiration of all applicable appeal periods, SIG shall
submit an application for building permit with the City of Miami for development of the
Property in accordance with this Declaration. Furthermore, upon issuance of the building permits
for the development of the Property, the Owner shall diligently pursue the work to completion.
Additionally. SIG shall use commercially reasonable efforts to pursue the Initial Development
Approvals and building permits for the Property. If such applications for Initial Development
Approvals and building permits are not submitted within the time periods provided in this
Section, then the Owner agrees that the City shall revert the FLUM to "Single Family
Residential" and rezone the Property to the T3-RiNCD-3 Transect Zone on the City's Zoning
Atlas.
Section 7. Force '_Majeure. Should Owner be prevented from performing any
obligations herein (including complying with ten (10) and six (6) months periods described in
Section () herein) due to or resulting from a "Force Majeure" as defined in this Section, Owner
shall be excused from performance (including complying with ten (10) and six (6) months
periods described in Soction 6 herein) for a period equal to the period of the delay occasioned by
any Force Majeure. As used herein, "Force Majeure" shall mean an act of God which includes
Submitted into the pub c
record fo ite (s)_
on Z 11 q City Clerk
but is not limited to sudden, unexpected or extraordinary forces of nature such as floods.
washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other
forces of nature, strikes, lockouts, other industrial disturbances, wars, acts of public enemies.
riots, military action, civil manufacturing and delivery delays and other causes reasonably
beyond the control of the Owner, whether or not specifically enumerated herein.
Section H. Severability. Invalidation of any one of the covenants in this Declaration by
judgment of Court shall not affect any of the other provisions of the Declaration, which shall
remain in full force and effect.
Seclion 9. Recording. This Declaration shall be recorded in the Public Records of
Miami -Dade County at the Owners' expense.
[SIGNATURE PAGES TO FOLLOW]
Witnesses:
SXtil 'c
P ?A■�
W _W_
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Submitted into thepubli
record fo ite (s) ! ,1JL_
on City Clerk
SOUTHEASTERN INVESTMENT
CROUP CORPORATION
ll
Name:
Title.
The foregoing instrument was acknowledged before me by O t eQ C T '2&WYuOfAs
President of Southeastern I vestment Group Corporations a Florida
corporation. He is O personally known to mr as
identification,
Witness my signature and official seal thiAay of b 017, in the County and
State aforesaid.
My Commission Expires:
=Rublic
SILLOate of FloridaG 109252s Jun 6, 2021
Notary Public State of IU1A
Qa- u - i sAIL,D
Print Name
EXHIBIT "A"
PROPERTY ADDRESS #1:
2960 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
LEGAL DESCRIPTION:
LOT 1, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #2:
2940 SOUTH FEDERAL HIGHWAY, MIAMI, FL. 33129-3732
LEGAL DESCRIPTION:
LOT 2, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PACE 87, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #3:
2920 SOUTH FEDERAL HIGHWAY, MIAMI. FL. 33129-3732
LEGAL DESCRIPTION:
LOT 3, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #4-
2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
LEGAL DESCRIPTION:
LOT 4, OF FKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PACE 87, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
Submitted Into the pub
record fgrl *t (s D
on / / City Clerk
PROPERTY ADDRESS #5:
2890 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
FOL10: 01- 4139- O D3-0070
LEGAL DESCRIPTION
LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND
THE FOLLOWING DESCRIBED PORTION OF LOT 22, TO NIT: FOR A POINT OF
BEGINNING, COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 2.2; THENCE
RUN WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 22 A DISTANCE
OF 5 FEET; THENCE RUN SOUTHERLY AND PARALLEL TO THE EASTERLY LINE
OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY LINE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY LINE OF SAID
LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF
BEGINNING, OF RESUBDIVISION OF BLOCKS 61 AND 62 OF FLAGLER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PACE
73. OF THE PUBLIC RECORDS OF MIAMI-DAUE COUNTY, FLORIDA.
PROPERTY ADDRESS #6:
2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
FOLIO: 01-4139-003-0060
LEGAL DESCRIPTION
LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND
THE FOLLOWING DESCRIBED PORTION OF LOT 22, TO WIT: FOR A POINT OF
BEGINNING, COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 22; THENCE
RUN WESTERLY ALONG THE NORTHERLY UNE OF SAID LOT 22 A DISTANCE
OF 5 FEET; THENCE RUN SOUTHERLY AND PARALLEL TO THE EASTERLY UNE
OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY UNE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY UNE OF SAID
LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF
BEGINNING, OF RESUBDIVISION OF BLOCKS 61 AND 62 OF FLAGLER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42. PACE
73, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA PROPERTY
IS VACANT LAND, ADJACENT TO VACANT LAND AND NOT HOMESTEAD
PROPERTY OF GRANTOR.
Submitted into the publ'
record fo itel ) k 3 0
on City Clerk
EXHIBIT "B"
CONCEPTUAL SITE PLAN
Submitted into theubli h
record fo itel (s) P Z _ �t
on i� % City Clerk
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SITE DIAGRAM
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ZONW CONCEPT
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Borges
Settlement Agreement
SIG Project
EXHIBIT "C"
SIG PROJECT CONCEPT PLAN
Submitted into the public
record frit m(s) �1. 30_
on IL I I 1 City Clerk
Submitted into the pub
record for ite s)
on City Clerk
..... .JMtaR.Y!i .Ot—
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.ucas u Y a,ti y'_ aa]t ■tai Am
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PARCEL
ZONING CONCEPT
SITE DIAGRAM
SCALE-Mts.
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o/•5.201�
borge5 .
Settlement Agreement
SIG Project
EXHIBIT "D"
NEIGHBOR COVENANT
Submitted into the pub7
record f9r item(s) -(�
on It � Ill City Clerk
This Instrument was prepared by and
after recordation return to :
Name: Jorge L. Navarro, Esq.
Address: (in:enbcrg Trnuik
333 SE ?`d Avenue, 2`1 Floor
Miami, FL 33131
Submitted into the publ'
record f r it m s) 0
on �� �� City Clerk
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") is made this " qday of
VckeW , 2017, by SOUTHEASTERN INVESTMENT GROUP CORPORATION
(hereinafter the "Owner"), a Florida limited liability company, its successors and/or assigns, in
favor of the NEIGHBORS as further defined in Section 8 below.
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, 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, in order to permit the development
of a residential project on the Property (collectively the "Application"); and
WHEREAS, the Owner and Neighbors have entered into that certain Settlement
Agreement dated October, 2017 relating to the Application and future redevelopment of the
Property; and
MIA 1861243030
Submitted into the pub 'c
record f it m(s)
on H City Clerk
WHEREAS, the Owner seeks to submit a recordable agreement guaranteeing the
development of the Property in substantial conformance with the assurances made in this
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 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. Site Plein. Contingent upon approval through the zoning and building permit
process, the use of the Property shall be established and maintained in substantial
conformity with that certain site plan entitled "South Federal Hwy. Parcel," as
prepared by Borges Architects + Associates dated July 20, 2017 (the "Site Plan")
attached hereto as EXHIBIT B, with such modifications to the Site Plan that
are determined by the City to comply with Section 7.1.3.5.c.1, 2, or 5 of Miami
21 (the "Minor Modifications"). In the event that the Owner, and/or its
successors or assigns, seeks to proceed with a modification to the Site Plan
that does not comply with Section 7.1.3.5.c.1, 2, or 5 (the "Non -Minor
Modifications"), then such Non -Minor Modifications shall be submitted to the
Neighbors for review and consideration. Owner acknowledges that the Neighbors
retain their rights to object to any Non -Minor Modifications that
materially
MIA 1861243030
Submitted into the pub �jc
record f r at m s) Y _
on ��I�_ City Clerk
deviate from the requirements set forth in Section 2(B) through 2(G) of this
Declaration.
The Site Plan sets forth that the total number of residential units shall not
exceed the 17 residential units proposed for the Property as depicted in the
Exhibits of this Declaration. The Owner acknowledges that the future
development of the Property shall require detailed site plan approvals by the City
which will determine, among other things, the exact location, distribution, and
orientation of the residential units to be located on the Property, as well as, other
requirements for compliance with all applicable departments/agencies/overlays as
part of the City of Miami building permit submittal process including but not
limited to: EP -46 (Environmental Preservation 46) designation, Transportation
Scenic Corridor designation, Environmental Resources, Historic Preservation
Section, Land Use, Zoning, Building, Fire and Public Works. Owner will submit
detailed plans consistent with this Declaration to the City and seek approval of
said plans through the ordinary municipal procedures with written notice of said
submittals to the Neighbors. The approved Site Plan shall be recorded by the
Owner in the public records of Miami -Dade County, Florida and shall be made an
addendum to this Declaration.
B. Permitted tJses. The uses on the Property shall be limited to residential uses.
Notwithstanding the rezoning of the Property to the T3-0 Transect Zone, the
following uses shall not be permitted: any commercial uses, lodging and/or
educational uses as defined in Section 1.1 and Article 4, Table 3 of the Miami 21
Zoning Code.
MIA 186124303v1
Submitted into the pub 'e
record f i e ) �, 30
on __ l_City Clerk
C. Residenlial Densily. Notwithstanding the rezoning of the Property to the T3-0
Transect Zone, the maximum number of dwelling units permitted on the Property
shall be seventeen (17) units.
D. Single Family Residence. Notwithstanding the rezoning of the Property to T3-0,
the development of the Property shall include a minimum 5,000 square foot lot at
the intersection of US -I and SW 30`h Road which shall be reserved solely for the
use, design and development of a single family residence as reflected in the Site
Plan (the "Single Family Lot"), In no event shall said Single Family Lot be
constructed with any non T3 -R permitted structure.
E. Access. The two-family residences proposed for the Property shall be served by
rear vehicular access, subject to the approval of said access driveway by all
applicable government agencies and departments. Vehicular access along SW
30`h Road shall be limited to a single curb cut with ingress only. Notwithstanding
the foregoing, the Property may also have curb cuts to permit vehicular ingress
and egress only by right turn in and right turn out along both the US -1 and South
Miami frontages. Additionally, in no event shall a curb cut or access be
permitted along the US -1 frontage within 200 feet of SW 30`h Road.
Setbacks. Notwithstanding anything to the contrary, the residential units that abut
the rear yard of the existing single family home located on Lot 13 according to
F. the plat recorded in Plat Book 42, Page 73, of the Public Records of Miami -
Dade
MIA 1861243030
Submitted into the pub 'c
record for it m(s) ,
on City Clerk
County, Florida (identified by Folio No. 01-4139-003-0030) shall be constructed
with a minimum rear setback of 25 feet as reflected in the Site Plan.
G. Landscape Buffcrs. The Owner agrees to provide an opaque landscape buffer
along the rear (South) property line to further screen the residential units on the
Property from the view of the abutting residences. Specifically. Owner shall
install a 12 foot hedge along the Southern boundary of the Property pursuant to
Miami 21. Additionally, Owner shall install, at Owner's sole cost and expense, an
aluminum post fence along the southern boundary of the SIG Property at a height
of eight (8) feet. If said height is not approved, then the Owner shall build a six
(6) foot fence. The hedge and aluminum fence described herein shall be
maintained in good condition by the Homeowner's Association or other
entity created for the governance of the Property.
H. Architectural Myl_ . The architecture of the proposed residential units at the
Property will include warm fagade materials such as hard woods, stone veneers
and/or specialty metals of quality. Overall building envelope will be finished
with smooth stucco and a palette of at least four (4) color options which
will be provided to the future owners of the residential units at the Property to
guide the coloration of facades and limit the variations in color to a palette of
whites, soft beige and other warm tones. Mechanical equipment shall be installed
on roof tops and screened.
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 such recordation, after which time they
MIA 1861243030
Submitted into the pub�c
re ord fori t.l t I(S , Y
`// Cit Clerk
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 4. Amendment and Modification. Owner agrees not to file an application to
modify, amend or release this Declaration as to any portion of the Property unless such
modification, amendment or release has been approved by two-thirds (2/3) of the residents
located on the south side of US -1 within 500 feet of the Property and included within the hatched
area in EXHIBIT C (the "Neighbors") but excluding owners of any portion of Property.
Section 5. Inspection and Enforcement. An enforcement action may be brought by
the Neighbors 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. The prevailing party in the action or suit shall
be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be
in addition to any other remedies available under the law.
Section 6. Permitting. Within ten (10) months of Owner obtaining final approval of
the Application and the expiration of all applicable appeal periods, Owner shall submit
applications to the City of Miami for any Waivers, Warrants, or Historic Environmental
Preservation Section approvals necessary for development of the Property in accordance with
this Declaration (the "Initial Development Approvals"). Within six (6) months of obtaining
final approval of the Initial Development Approvals and the expiration of all applicable appeal
periods, Owner shall submit an application for building permit with the City of Miami for
development of the Property in accordance with this Declaration. Furthermore, upon issuance of
the building permits for the development of the Property, Owner shall diligently pursue the work
MIA 186124303v1
Submitted into the public
record f r ite
on City Clerk
to completion. Additionally, Owner shall use commercially reasonable efforts to pursue the
Initial Development Approvals and building permits for the Property. The ten (10) and six (6)
month periods described herein may be extended for a reasonable period of time by mutual
written agreement of Owner and a majority of the Neighbors provided that Owner continues to
work in good faith to obtain the necessary Initial Development Approvals and building permits
for development of the Property.
Section 7. Force Majeure. Should Owner be prevented from performing any
obligations herein (including complying with ten (10) and six (6) months periods described in
Scction 6- herein) due to or resulting from a "Force Majeure" as defined m this Section, Owner
shall be excused from performance (including complying with ten (10) and six (6) months
periods described in Section 6 herein) for a period equal to the period of the delay occasioned by
any Force Majeure. As used herein, "Force Majeure" shall mean an act of God which includes
but is not limited to sudden, unexpected or extraordinary forces of nature such as floods,
washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other
forces of nature, strikes, lockouts, other industrial disturbances, wars, acts of public enemies,
riots, military action, civil manufacturing and delivery delays and other causes reasonably
beyond the control of the Owner, whether or not specifically enumerated herein. Owner shall
notify the Neighbors in writing within ten (10) days of the commencement of the Force Majeure,
and describing the nature of such Force Majeure and estimated period of time within which to
cure said Force Majeure.
Section 8. Neighbors. For purposes of this Declaration, the "Neighbors" as defined
herein shall include the following parties: Jose J. and Mercedes Solares residing at 2940 S.
Miami Avenue, Miami, Florida 33129; Luis Paillot and Robert Ayona residing at 2952 S. Miami
MIA 1861243030
Submitted into the publi
record fr it�° (s)
�Ion 1q-Ll] _. City Clerk
Avenue, Miami, Florida 33129; Ariel J. and Carmen Guitian residing at 30 SW 30 Road, Miami,
Florida 33129. Pedro Pablo Puerto, as trustees for Pedro Pablo Puerto Revocable Trust, residing
at 40 SW 30 Road, Miami, Florida 33129; William Thomas Lamp'] and Jessica Lynn Lamp']
residing at 31 SVG 30 Road, Miami, Florida 33129; and Graciela Solares residing at 60 SW 30
Road. Miami, Florida 33129,
Section 9. Severability. Invalidation of any one of the covenants in this Declaration by
judgment of Court shall not affect any of the other provisions of the Declaration, which shall
remain in full force and effect.
Section Ill. Recording. This Declaration shall be recorded in the Public Records of
Mian -ii -Dade County at the Owners' expense within five (5) days of obtaining final, non -
appealable approval of the Application by the City of ?Miami Commission.
[Signature Pages to Follow]
Submitted into the publ'
record fo ite s _
on I City Clerk
IN WITNESS WHEREOF, the Parties hereto have caused this Declaration to be executed
by their respective officials as of the day and year above written.
Wetnesses
Si atu
JD,�G� y9yf�i�
Ppame
r
Signature
_Da0n ,s
vloVU
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
SOUTHEASTERN INVESTMENT
GROUP CORPORATION
By: 1 .
Name: E.x LR KH ra 2
Title: i 1
The foregoing instrument was acknowledged before me by (,QW . ZaVVeii fbas
President _ of Southeastern Ylvestment Group �CQrpo� ��a Florida
corporation. He is O personally known to me or has produced e'It �lll tg,
identification.
Witness my signature and official seal this I 'd -ay of XVOVr 2017, in the County and
State aforesaid.
Notary Public State of �Lon�a
My Commission Expires:
''• JANETAOSILL0
1 Notary Public -State of Florida
Commission x GG 109252
My Comm. Expires Jun 6, 2021
MIA 186124303v1
Print Name
EXHIBIT "A"
PR_OP_E_RTY ADDRESS #1:
29 60 SOUTH FEDERAL HIGHWAY, MIAMI. R. 23129-3732
LEGAL DESCRIPTION:
LOT 1, OF EXMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PAGE BT OF TI -E PUBLIC RECORDS OF
MIAMI -DARE COUNTY, FLOFIDA.
PROPERTY ADDRESS #2:
2940 SOUTH FEDERAL HIGHWAY, MIAMI, FL .33129-3732
LEGAL DESCRIPTION:
LOT 2, OF EKMAT SUBDIVISION, ACCORDING TO THE FLAT THEREOF-, AS
RECORDED IN PLAT BOOK 69, PACE 87, OF THE PUHUC RECORDS OF
MIAMI -CADS COUNTY, FLORIDA.
PROPERTY ADDRESS_#3:
2920 SOUTH FEDERAL HIGHWAY, MIAMI. FL. 33129-3732
LEGAL DESCRIPTION:
LOT 3, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF. AS
RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBLIC RECORDS OF
MIAMI -DADS COUNTY, FLORIDA.
PROPERTY ADDRESS N4-
2900 SOUTH FEDERAL HIGHWAY, MIAMI, FT_ 33129-3732
LEGAL DESCRIPTION:
LOT 4, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PAGE 67, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
Submitted into the pub
record fo 'te ( hL'
30
on City Clerk
PROPERTY ADDRESS #5:
269C' SOUTH FEDERAL HIGHWAY MIAM, FL 33129-3732
FOUo�01-4/39-003-0070
LEGAL DESCRIPTION:
LOT 20, LESS THE NORTHEASTERLY 5 FaT THEREOF, ALL OF LOT 21, ANG
TE FOLLOWING DESCRIBED PORTION OF LOT 22, TO VAT. FOR A POINT OF
BEGINNING, COMMENCE AT TPE NORTHEASTERLY CORNER OF LOT 22; THENCE
RUN A£STERLY ALONG THE NORTHERLY LINE OF SAID LOT 27 A DISTANCE
OF 5 FEET; THENCE RUN SOUTHERLY AND PARALLEL TC THE FASTER, -Y LINE
OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY LINE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLS UNE OF SAID
LOT 22 TO THE SOUTHEASTERLY CORNET? OF SAID LOT 22 TO THE P00,1 OF
BEGINNING, of RESUBDIVISION OF BLOCKS 61 AND 62 OF FLAGLER.
ACCORDING TO THE PLAT THEREOF, AS RECCRDED IN PLAT BOOK 42, PAGE
73, OF TITE PUBLIC RECORDS OF MIAMI -DARE COUNTY, FLORIDA
PROPERTY ADDRESS #6:
2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL 33129-3732
FOIJ 0: 01-4139-003-9060
LEGAL. DESCRIPTION
LOT 20, LESS THE NORTHEASTERLY 5 FEET -HEREOF, ALL OF LOT 21, AND
THE FOLLOWING DESCRIBED PORTION OF LOT 22, TO WIT: FOR A POINT OF
BEGINNING, COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 22; THENCE
RUN WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 22 A DISTANCE
OF 5 FEET; THENCE RUN SOUTHERLY AND PARALLEL TO THE EASTERLY LINE
OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY IINE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY LINE OF SAID
LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF
BEGINNING, OF RESUBDIVISION OF BLOCKS 61 AND 62 DF FLA(A_ER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PACE
73, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PROPERTY
IS VACANT LAND, ADJACENT TO VACANT LAND AND NOT HCANESTEAD
PROPERTY OF GRANTOR.
Submitted into the pub�iC,
record fo ite .
on s N City Clerk
EXHIBIT "B"
CONCEPTUAL SITE PLAN
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record fo 0�—.
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on City Clerk
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arecord f ite (s}
on City Clerk
EXHIBIT C
NEIGHBOR MAP
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Settlement Agreement
SIG Project
EXHIBIT "E"
NEIGHBOR MAP
Submitted into the publi-t
record for item s)
on 11 . City Clerk
Submitted into the publi
record fc 'It (0
on I` City Clerk
NEIGHBOR MAP
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