HomeMy WebLinkAboutExhibit BThis instrument prepared by and
after recording return to:
Alejandro Uribe, Esq.
Weiss Scrota Helfman Cole & Bierman, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, FL 33134
DECLARATION OF RESTRICTIVE COVENANTS
STW Real Estate, LLC, and Soto Holding and Investment, (collectively the "Owners")
hereby make, declare and impose on the land legally described on Exhibit "A" attached hereto
(the "Property") the covenants running with the title to the land set forth herein, which shall be
binding on the Owner, all heirs, successors and assigns, grantees personal representatives,
mortgagees, lessees and against all persons claiming by, through or under them.
WHEREAS, STW Real Estate, LLC, holds fee simple title to the portion of the Property
described in Exhibit "B"; and
WHEREAS, Soto Holding and Investment, Inc., holds fee simple title to the portion of
the Property described in Exhibit "C"; and
WHEREAS, the Owners desire to provide the residents of the City of Miami, and
specifically the Allapattah Neighborhood with high-quality workforce housing; and
WHEREAS, in order to provide more new workforce housing, the Owners are seeking a
rezoning of the Property from T3-0 to T4 -R;
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which are
hereby acknowledged, Owners hereby agree as follows:
1. Recitals. The recitals and exhibits 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.
2. Residential Use Only. The development of the Property shall be limited to
permissible residential uses under the T4 -R Transect Zone, pursuant to Article 4, Table 3 of the
City of Miami's Zoning Ordinance ("Miami 21").
3. Workforce Housing. All future residential units constructed on the Property may
be sold or rented only as Workforce Housing, as defined by Section 1.2 of Miami 21.
4. Hecht. Maximum height for any buildings on of the Property shall be two (2)
stories, except for any building on Lot 12, Block 55 of NORTH MIAMI ESTATES, according to
the plat thereof, as recorded in Plat Book 5, Page 48 of the Public Records of Miami -Dade
County, Florida ("Lot 12"). Buildings on Lot 12 may be developed consistent with regulations
for the T4 -R Transect Zone in Miami 21, as amended.
5. Term of Declaration. The provisions of this instrument 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 each, unless released in
writing by the (i) then owners of the Property (or if any portion of the Property has been
submitted to the condominium form of ownership, then by the association established to operate
the condominium in lieu of all of the owners thereof) AND (ii) the Zoning Administrator and
subject to the approval of the City Attorney as to legal form and correctness, or their respective
designees or successors, upon the demonstration and affirmative finding that the same is no
longer necessary to preserve and protect the Property for the purposes herein intended.
6. Covenant Running with the Land. This instrument shall constitute a covenant
running with the title to the Property and be binding upon Owner(s), its heirs, grantees,
successors, and assigns upon recordation in the Public Records of Miami -Dade County, Florida.
These restrictions shall be for the benefit of, and a limitation upon, all present and future owners
of the Property and for the public welfare.
7. Amendments, Modifications, Releases. The provisions of this instrument may be
amended, modified, or released by a written instrument executed by the (i) then owners of the
Property (or if any portion of the Property has been submitted to the condominium form of
ownership, then by the association established to operate the condominium in lieu of all of the
owners thereof and the joinder of any mortgagees(s) if there are any mortgages on the Property)
and (ii) the Zoning Administrator subject to the approval of the City Attorney as to legal form
and correctness, or their respective designees or successors. All amendments, modifications, or
releases of this Declaration shall be executed in the manner enumerated in this Section and shall
be recorded in the Public Records of Miami -Dade County, Florida in order for the amendment,
modification, or release to be valid and effective.
8. 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 enter upon the Property for the purpose of investigating the use
of the Property, and for determining whether the conditions of this Declaration and the
requirements of the City's building and zoning regulations are being complied with.
Enforcement of this Declaration shall be by action against the parties to this Declaration or
persons violating or attempting to violate any covenants in this Declaration or the then Owners at
the time the violation is committed. This enforcement provision shall be in addition to any other
remedies available at law, in equity, or both. The violations may also be enforced by City Code,
Chapter 2, Article X, entitled Code Enforcement.
9. Severability. Invalidation of any of these covenants by judgment of a court shall
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not affect any of the other provisions, which shall remain in full force and effect.
10. Cumulative and Waiver. All rights, remedies and privileges granted herein
shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to
constitute an election or remedy, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies, or privileges as may be available to it.
11. Recordation. This Declaration shall be recorded in the Public Records of Miami -
Dade County by the Owners at the Owners' expense within ten (10) days of its acceptance by the
City of Miami. The Owner shall promptly furnish a recorded copy of this Declaration to the City
of Miami within thirty (30) days of recording.
[Signature Pages to Follow]
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
WITNESSES
Print Name:
Print Name:
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
STW Real Estate, LLC,
a Florida limited liability company
By:
Print Name:
Its: Member
The foregoing instrument was acknowledged before me this day of , 2018
by David Sanchez, as member of STW Real Estate, LLC, a Florida limited liability company, in
the capacity aforestated; such person is (check one) [ ] personally known to me or [ ] has
produced
as identification.
.19
NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
WITNESSES
Print Name:
Print Name:
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
Soto Holdings and Investments, Inc.,
a Florida corporation
By:
Print Name:
Its:
The foregoing instrument was acknowledged before me this day of , 2018
by , as
Inc., a Florida corporation, in the capacity aforestated;
known to me or [ ] has produced
of Soto Holdings and Investments,
such person is (check one) [ ] personally
as identification.
NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
VICTORIA MENDEZ
City Attorney
APPROVED:
FRANCISCO GARCIA
Director of Planning and Zoning
EXHIBIT A
LEGAL DESCRIPTION
Lots 9 through 12, Block 55 of NORTH MIAMI ESTATES, according to the plat thereof, as
recorded in Platbook 5, Page 48 of the Public Records of Miami -Dade County, Florida.
Also known as 1329 NW 37 Street, Miami, Florida and 3710 NW 13 Avenue, Miami, Florida
Identified for tax purposes with folio numbers: 01-3123-037-5070, and 01-3123-037-5080.
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EXHIBIT B
LEGAL DESCRIPTION
Lots 10 through 12, Block 55 of NORTH MIAMI ESTATES, according to the plat thereof, as
recorded in Platbook 5, Page 48 of the Public Records of Miami -Dade County, Florida.
Also known as 3710 NW 131' Avenue, Miami, Florida 33142
Identified for tax purposes with folio number: 01-3123-037-5080.
EXHIBIT C
LEGAL DESCRIPTION
Lot 9, Block 55 of NORTH MIAMI ESTATES, according to the plat thereof, as recorded in
Platbook 5, Page 48 of the Public Records of Miami -Dade County, Florida.
Also known as 1329 NW 371' Street, Miami, Florida 33142
Identified for tax purposes with folio number: 01-3123-037-5070.
E