Declaration of Restrictive Covenant 111 Lincoln RoadMIAM
OFFICE OF THE CITY ATTORNEY, Jose Smith, City Attorney
Interoffice Memorandum
To: Bob Parcher
City Clerk
From: Gary Held
First Assistant Cit
• Subject: 1111 Lincoln Road
Date: March 8, 2010
Attached please find a recorded copy of Declaration. of Restrictive Covenant and
Opinion of Title on the above -referenced.
Should you have any questions or .comments regarding the above, please do not
hesitate to contact me:
GH\ed
This instrument prepared by:
.Carter N. AleDowell, Esquire
Address: Bilzin.Sumberg Baena Price d: (Lxelrod
200 South Biscayne Boulevard, Suite 2500
Florida 33131"
)od7 7_61/9y-
CFN: 20090842855 BOOK 27092 PAGE 4524
DATE:11/24/2009 08:14:41 AM.
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
(Spabe Reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL. BY THESE PRESENT'S THAT MBEACHI, LLLP, a.Delaware limited
liability limited partnership ("MBeachl ") hereby makes, declares and imposes on the land herein
described, Covenants running with the title to the land, which shall be binding on MBeachl,• its
heirs, successors ,and assigns, personal repreScatatives, mortgagees, lessees, and against all
persons'clairning by, through or under them;
• •
WHEREAS, MBeachl• is the ,fee simple owner of the property located at 1111 Lincoln
Road, Miami Beach; Florida, as more particularly described on the attached Exhibit "A" (the
"1111. Lincoln Property"), and the fee simple Owner of •the property located at 1666 Lenox
Avenue, Miami, Beach, Florida, as more particularly described on the attached Exhibit "B" (the
"1666 Lenox Property", and together with the 1111 Lincoln Property, the "Property");
• WHTREAS, there. is an office building located on Lots 4, 5 and 6 of the, 1111 Lin oln
• Propeity described in the attached -Exhibit "A" (the 'Office Building") and MBeabhl is
• constructing a mixed-use parking facility on Lots 1, 2 and 3 of the 1111 Lincoln Propel Ly
described in the attached Exhibit."A";
WHEREAS, the 1666 Lenox Property is used as a surface parking lot;
- • • WHEREAS, the Property is subject to a Declaration of Restrictive, Crwenwritc in Lieu of
Unity of Title recorded in Official Records Book 23203, Page 4868 in the Public Records of
Miami -Dade County, Florida; and
• WHEREAS, MBeachl desires for ,the upper level portion of the former bank vault
located in the Office Building (the "Vault"), which is no longer accessible or'usable due to the
recently completed construction, to not be counted as floor area for purposes of calculating the
Property's actual floor area ratio ("FAR"). ,
•
NOW THEREFORE, in consideration of the foregoing and her good and valuable
consideration, MBeachl hereby agrees as follows:
1. MBeachl •agrees that area above the Vault has been sealed and is no longer
accessible and agreesthat it will not.utilize the inaccessible and unusable area above the Vault,
as depicted on the attached Exhibit "C" (the "Unusable Area"), for so long as thisDeclaration of
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This instrument prepared by:,
Nance: Curter N. McDowell, Esquire.
Address: - ,Bilzin Smithery Baena Price & Axelrod LLP
200 South Biscayne Boulevard, Suite 2500
Miami, Florida 33131
(Space Reserved for Cleric)
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL BY THESE PRESENTS . THAT MBEACH1, LLLP, a Delaware limited
liability limited partnership ("MBeachl ") hereby makes, declares and imposes on the land herein
described; covenants running with the title to the land, which shall be binding on-MBeachl, its
heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all
persons claiming by, through or under them;
WHEREAS; MBeachl is the fee simple owner of the property located at 1111 Lincoln
Road, Miami, Beach, Florida; as more particularly described on the attached Exhibit "A" (the
"1111 Lincoln Property"), and the fee simple owner of the property located at 1666 Lenox
- Avenue; Miami, Beach, Florida, as more particularly described on the attached. Exhibit "B" (the
"1666 Lenox Property", and together with the 1111 Lincoln Property, -the "Property");
WHEREAS, there is an office building located on Lots 4, 5 and 6 of the 1111 Lincoln
Property described in the attached Exhibit "A" (the "Office Building") and MBeachl is
constructing a mixed-use parking facility on Lots 1, 2 and 3 of the 1111 Lincoln Property
described in the attached Exhibit "A";
-WHEREAS, the 1666 Lenox Property is used as a surface parking lot;
WHEREAS,.the Property is subject to a Declaration of Restrictive Covenants in Lieu of
Unity of Title recorded in Official Records Book 23203, Page 4868 in the Public Records of
Miami -Dade County, Florida; and
WHEREAS, MBeachl desires for the upper level portion of the former bank vault
located in the Office Building (the "Vault"), which is no longer accessible or usable due to the
recently completed construction, to not be counted as floor area for purposes of calculating the
Property's actual floor area ratio ("FAR").
NOW THEREFORE, in consideration of the foregoing and other good and valuable.
consideration, MBeachl hereby agrees as follows:
1. MBeachl agrees that area above the Vault has been sealed and is no longer
accessible and agrees that it will not utilize the inaccessible and unusable area above the Vault,
as depicted on the attached Exhibit "C" (the "Unusable Area"), for so long as this Declaration of
MIAMI 1776495.4 7678122013
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Restrictive Covenants (this "Declaration") is in effect, for any habitable or storage use. In
consideration for the recording of this Declaration and by acceptance of this Declaration, the
City agrees that the Unusable Area shall not count towards the Property's FAR. MBeachl
understands and agrees that this Covenant will not be released until the equivalent amount of
floor areais removed or is otherwise made legal in accordance with the then applicable land
development regulations.
2. 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 then
owners of the e Property and the Director of the Department of Planning, acting for and on behalf
of the City of Miami Beach, Florida upon the demonstration and affirmative finding that the
same is no •longer necessary to preserve and protect the Property for the purposes herein
intended.
3. No modification, amendment, or release shall be effective without the Director's,
or his successor's prior written approval. •
4. Subject to the Director's prior written approval, the provisions of this Declaration
may be amended, modified or released by a written instrument executed by the then owner or
owners of the Property, with joinders by all mortgagees, if any; Should this Declaration be so
modified, amended or released; then such Director or successor shall forthwith execute a written
instrument effectuating' and acknowledging such amendment, modification or release.
5. Enforcement shall be by action against any parties or persons violating or
attempting to violate any covenants. The prevailing party to any action or. suit pertaining to or,
arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements, -
allowed by law, such sum as the Court may adjudge to be reasonable for the services of his
attorney. This enforcement provision shall be in addition to any other remedies available at law,
in equity or both.
6. Invalidation of any of these covenants by judgment of a Court of competent
jurisdiction shall not affect any of the other provisions, which shall remain in full force and
effect.
7. This Declaration shall be recorded in the public records of Miami -Dade County at
MBeachl's expense.
8. .. 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
of remedies, nor shall it preclude the party exercising the same from exercising such other
additional rights, remedies or privileges.
9: In the event of'a violation of this Declaration, in addition to any other remedies
available, the City of Mianii Beach is hereby authorized to withhold any future permits, . and
refuse to make any inspections or grant any approval, until such time as this Declaration is
complied with.
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Signed, witnessed, executed and aclnowledged on this 3V day of (.,X
2009.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
&ity P1. ing Director
t),, 2079
Date
or ° C)
Date
[SIGNATURES CONTINUE ON NEXT PAGE]
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3
Witnesses:
Sign:
Print
Sign:
Print Marne: J #-E-,-t , ti d C --t A
MBEACH1, LLLP, a Delaware limited
liability limited partnership
By: MBEACHI GP, LLC, a Delaware limited liability
company, its General Partner
STATE 'OF FLORIDA
COUNTY. OF MIAMI-DADE
By: Urban Investments Advisors, LLC, a
Delaware limited liability company, its Sole
Member
By: Wellspring Investments Management
I, LLC, a Delaware limited liability
company, its Managing Member
Name: -Robert S. Wennett
Title: Managing Member
The foregoing instrument was acknowledged before me by - Robert S. Wennett, the
Managing Member of Wellspring Investments Management I, LLC, a Delaware limited liability
company, the Managing Member of Urban Investments Advisors, LLC, a Delaware limited
liability company, the Sole Member of MBEACH1 GP, LLC, a Delaware limited 'liability
company, 'the General Partner of MBEACH1, LLLP, a Delaware limited liability limited
partnership. He is personally known to me or has produced a driver's license as identification.
Witness thy signature and official seal this day of D1Prnher 2009, in the
County and State aforesaid.
Heather A. Leigh
�Commission #DD491857
.-ils= Expires: NOV 17, 2009
;,For,s;` \,..,1'V+'..An_ O: N OTA HY.com
My Commission Ekpires: 1/1p7;10q
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9
,Public -St. e .f lurida
Notary
Print Name
•
{
JOINDER BY MORTGAGEE
CORPORATION
. Mellon United National Bank, a national banking association; being the holder of that
certain Renewal Mortgage, Notice of Future Advance, Assignment of Leases and Rents, Security
Agreement and Fixture Filing executed by MBEACH1, LLLP, a Delaware limited liability.
limited partnership, to Mellon United National Bank, a national banking association, dated June •
26, 2008, filed June 27, 2008, in Official Records Book 2645, at Page 344, Public Records of
Miami -Dade County, Florida (the "Mortgage"), hereby consents to the filing of, and agrees that
the. Mortgage shall be subject and subordinate to the terms of, the foregoing Declaration of
Restrictive Covenants.
Signed, Sealed and Delivered
in the r re' -nce of:
Sign
Print N = Ili ';(4,1(1.
Print I�vTame C-VEL`� I Il I;'
STATE OF FLORIDA )
SS:
COUNTY OF. MIAMI-DADE )
Mellon United Nati al Bank, a national
banking a
By: � ! 4 nn
Name: (�Ic f,Av� l 4J A
Title:�.r
.S even Z `�1C !< feS ��/U�
1, The foregoing instrument was acknowledged before me this 2f) day of
IV w.,mbeI , 2009, by \) \\ 11 v 1 1. G0.II 6u(; as Vice President of Mellon United
National Bank, a national bank association, on beh& of said bank. He/She is personally known
to me or has produced a Florida driver's license identification.
Nry ub c, State of Florida,
My Commission Expires:
• . MY COMNCY
A STONERANCO 6746
EXPIRES: June 12, 2013
Bonded Thru Notary Public Uriderwrttery
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EXHIBIT "A"
LEGAL DESCRIPTION OF 1111 LINCOLN PROPERTY
Lots .1, 2, 3, 4, 5 and 6, Block 39, COMMERCIAL SUBDIVISION, according to the. Plat
thereof, as recorded in Plat Book 6, at Page 5, of the Public Records. of Miami -Dade County,
Florida
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EXHIBIT "B"
LEGAL DESCRIPTION OF 1666 LENOX PROPERTY
Lots 7 and 8, Block 39, PALM VIEW SUBDIVISION, 'according to the Plat thereof, as recorded
in Plat Book 6, at Page 29, of the Public Records of Miami -Dade County, Florida,
Less and except:
A portion of Lot 7, Block 39, PALM VIEW SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 6, at Page 29, of the Public Records of Miami -Dade County, Florida,
being more particularly described as follows:
Begin at the Northwest corner of said Lot 7;
Thence South 00°4826" East along the West line of said Lot 7, a distance of 22.02 feet to a point
on a tangent curve concave to the Northeast;
Thence Southeasterly along the arc of said curve, having a radius of 8.00 feet, a central angle of
90°02'39" and an arc distance of 12.57 feet;
Thence North 89°08'55" East along the South line of said Lot 7, a distance of 22,02 feet to a
point on a tangent curve concave to the Northeast;
Thence Northwesterly along the arc of said curve, having a radius of 30.00 feet, a central angle
of 90°0239" and an arc distance of 47.15 feet to the Point of Beginning.
Said land situate, lying and being in the City of Miami Beach, Miami -Dade County, Florida;
containing 180 square feet, more or less.
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