Declaration of Restrictive Covenants in Lieu of Unity of Title 2011 - 3►5S3
This instrument was prepared by:
Name: Ricardo J. Dopico
Address: 1700 Convention Center Drive
Miami Beach, Florida 33139
(Space Reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
IN LIEU OF UNITY OF TITLE
KNOW ALL BY THESE PRESENTS that the undersigned Owner, the City of Miami
Beach, hereby makes, declares and imposes on the land herein described, the easement and
covenants running with the title to the land, which shall be binding on the Owner, its successors
and assigns, mortgagees, lessees, and against all persons claiming by, through or under them.
WITNESSETH:
WHEREAS, the Owner holds fee-simple title to certain property in the City of Miami
Beach, Florida, located at 224 23rd Street, 211 22nd Street, 227 22nd Street, and 245 22nd Street,
all located in Miami Beach, Florida, bearing the following folio number(s)02-3226-001-0460, 02-
3226-001-0470, 02-3226-001-0480, and 02-3226-001-0490, respectively, legally described in
Exhibit "A," attached hereto and made a part hereof("Property"); and
WHEREAS, a ground lessee of Owner ("Ground Lessee") obtained approval of the
Historic Preservation,Board (HPB) under File No. HPB20-0448 as recorded in Official Records
Book 32597, at Page 3302 of the Public Records of Miami-Dade County; and
WHEREAS, the Owner and the Ground Lessee may develop the buildings on the Property
in a condominium format of ownership and/or in two or more phases; and
WHEREAS,the Owner and the Ground Lessee may develop the buildings on the Property
for sale to multiple owners or in a condominium or association format of ownership and/or in two
or more phases; and
WHEREAS, the Owner and the Ground Lessee may wish to convey portions of the
Property from time to time, and may wish to offer units as condominiums, this instrument is
executed in order to assure that the phased development, or development of the property with
future multiple ownership,will not violate the Land Development Regulations of the City of Miami
Beach.
Declaration of Restrictive Covenants in Lieu of Unity of Title
Address 224 23rd Street, 211 22nd Street, 227 22nd Street, and 245 22nd Street
Folio Nos.: 02-3226-001-0460, 02-3226-001-0470, 02-3226-001-0480, and 02-3226-001-0490
Page 2 of 7
NOW THEREFORE, in consideration of the premises, Owner hereby agrees as follows:
1. The subject site will be developed as a unified development site in substantial
accordance with the approved site plan, after one has been submitted and approved under the
City's land development regulations. No modification shall be effectuated in such site plan
without the written consent of the then-owner(s)of the phase or portion of the property for which
modification is sought, all owners within the original unified development site,or their successors,
whose consent shall not be unreasonably withheld, and the Director of the City's Planning
Department; provided the Director finds that the modification is in compliance with the land
development regulations. Should the Director withhold such approval, the then-owner(s)of the
phase or portion of the property for which modification is sought shall be permitted to seek such
modification by application to modify the plan at public hearing before the appropriate City board
or the City Commission of Miami Beach, Florida, (whichever by law has jurisdiction over such
matters). Such application shall be in addition to all other required approvals necessary for the
modification sought. Proposed modifications to the property's use, operation, physical condition
or site plan shall require the review and approval of the appropriate development review board or
boards for consideration of the effect on prior approvals and the affirmation, modification or
release of previously issued approvals or imposed conditions.
2. If the subject Property will be developed in phases, each phase will be developed in
substantial accordance with the approved site plan.
3. In the event of multiple ownerships subsequent to site plan approval, each of the
subsequent owners shall be bound by the terms, provisions and conditions of this Declaration of
Restrictive Covenants. Owners further agree that they will not convey portions of the subject
property to such other parties unless and until the Owners and such other party or parties shall
have executed and mutually delivered, in recordable form, an instrument to be known as an
easement and operating agreement which shall contain, among other things:
(i) Easements in the common area of each parcel for ingress to and egress
from the other parcels;
(ii) Easements in the common area of each parcel for the passage and parking
of vehicles:
(iii) Easements in the common area of each parcel for the passage and
accommodation of pedestrians;
(iv) Easements for access roads across the common area of each parcel to
public and private roadways;
(v) Easements for the installation, use, operation, maintenance, repair,
replacement, relocation and removal of utility facilities in appropriate areas
in each such parcel;
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Declaration of Restrictive Covenants in Lieu of Unity of Title
Address 224 23rd Street, 211 22nd Street, 227 22nd Street, and 245 22nd Street
Folio Nos.: 02-3226-001-0460, 02-3226-001-0470, 02-3226-001-0480, and 02-3226-001-0490
Page 3of7
(vi) Easements on each such parcel for construction of buildings and
improvements in favor of each such other parcel;
(vii) Easements upon each such parcel in favor of each adjoining parcel for the
installation, use, maintenance, repair, replacement and removal of common
construction improvements such as footings, supports and foundations;
(viii) Easements on each parcel for attachment of buildings;
(ix) Easements on each parcel for building overhangs and other overhangs and
projections encroaching upon such parcel from the adjoining parcels such
as, by way of example, marquees, canopies, lights, lighting devices,
awnings, wing walls and the like;
(x) Appropriate reservation of rights to grant easements to utility companies;
(xi) Appropriate reservation of rights to road right-of-ways and curb cuts;
(xii) Easements in favor of each such parcel for pedestrian and vehicular traffic
over dedicated private ring roads and access roads; and
(xiii) Appropriate agreements between the owners of the several parcels as to
the obligation to maintain and repair all private roadways, parking facilities,
common areas and common facilities and the like.
The easement provisions or portions thereof may be waived by the Director if they are not
applicable to the subject Property (such as for conveyances to purchasers of individual
condominium units). These provisions of the easement and operating agreement shall not be
amended without prior written approval of the City Attorney. In addition, such easement and
operating agreement shall contain such other provisions with respect to the operation,
maintenance and development of the Property as to which the parties thereto may agree, or the
Director may require, all to the end that although the property may have several owners, it will be
constructed, conveyed, maintained and operated in accordance with the approved site plan.
4. 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 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.
5. The provisions of this instrument 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 of Restrictive Covenants be so modified, amended
or released, and the Director of the Department of Planning or his successor, approves, then
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Declaration of Restrictive Covenants in Lieu of Unity of Title
Address 224 23rd Street, 211 22nd Street, 227 22nd Street, and 245 22nd Street
Folio Nos.: 02-3226-001-0460, 02-3226-001-0470, 02-3226-001-0480, and 02-3226-001-0490
Page 4 of 7
such Director or successor shall forthwith execute a written instrument effectuating and
acknowledging such amendment, modification or release. No modification, amendment or
release shall be effective without the Director's, or the Director's successor's, approval.
6. 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.
7. Invalidation of any of these covenants by judgment of Court shall not affect any of
the other provisions, which shall remain in full force and effect.
8. This Declaration shall be recorded in the public records of Miami-Dade County at
the Owner's expense.
9. Abrights, 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.
10. In the event of a violation of this Declaration, in addition to any other remedies
available, the City of Miami 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.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK—SIGNATURE PAGE TO FOLLOW]
•
Declaration of Restrictive Covenants in Lieu of Unity of Title
Address 224 23rd Street, 211 22nd Street, 227 22nd Street, and 245 22nd Street
Folio Nos.: 02-3226-001-0460, 02-3226-001-0470,02-3226-001-0480, and 02-3226-001-0490
Page 5 of 7
Signed,witnessed,executed and acknowledged on this ZT day of Peru 4 r/
2022.
WITNESSES: CITY OF MIAMI BEACH,
as Owner of the Property:
c .„-------.. ). . , ,p2.7.....„.1,
Signature
Ajci en G1-iarALto •
Print Name Dan Gelber
✓ -- Mayor
ka
Signature
GIor',&li a _
Print Name -" �`
ATTEST: FEB 8 2022 `� -4 C� t:,-
2 /f
Rafael E. ranado �j-ct Ht-,�2 ,., r:
City Clerk i IL:
STATE OF FLORIDA • `J , - •
COUNTY OF MIAMI-DADE
. The foregoing instru ent was cl nowledged before me by means of,�'physical presence or CI
online notarization, this ai day of rt&uVq O 2022, by Dan Gelber as Mayor of the City of
Miami Beach. J
Personally Known OR Produced Identification
Type of Identification Produced:
My Commission Expires: tary biic-State of FL
i •tar e$
�►�6 YAMILEX MORALES'
VNotary Public•State of Florida Print Name
Commission it Hit 109542
,.p.t . My Comm.Expires Mar 28,2025
Bonded through National Notary Assn. ,
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Declaration of Restrictive Covenants in Lieu of Unity of Title
Address 224 23rd Street, 211 22nd Street, 227 22nd Street, and 245 22nd Street
Folio Nos.: 02-3226-001-0460, 02-3226-001-0470, 02-3226-001-0480, and 02-3226-001-0490
Page 6 of 7
IL
Appr ved: Approved as to form & language &for
execution:
a--ag'01" rTh --a--- 49 )---)-c6--)-g
Director of Planning Date City Attorney Date
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Declaration of Restrictive Covenants in Lieu of Unity of Title
Address 224 23rd Street, 211 22nd Street, 227 22nd Street, and 245 22nd Street
Folio Nos.: 02-3226-001-0460, 02-3226-001-0470, 02-3226-001-0480, and 02-3226-001-0490
Page 7 of 7
EXHIBIT A
Folio Number: 02-3226-001-0460
Legal Description:
Lots 7, 9 and 11, less the Northern 10 feet for right of way, and the northern 25 feet of Lots 10 and 12,
Block 2, Amended Map of The Ocean Front Property of the Miami Beach Improvement Company,
according to the map or plat thereof as recorded in Plat Book 5, Page 7, Public Records of Miami-
Dade County, Florida.
Folio Number: 02-3226-001-0470
Legal Description:
Lots 4 and 6, Block 2, Amended Plat of The Ocean Front Property of the Miami Beach Improvement
Company, according to the plat thereof as recorded in Plat Book 5, Page(s) 7, Public Records of
Miami-Dade County, Florida.
Folio Number: 02-3226-001-0480
Legal Description:
Lot 8 and the Eastern 20 feet of the Southern 100 feet of Lot 10 and the Eastern 15 feet of the
Northern 35 feet of the Western 80 feet of the Southern 100 feet of Lots 10 and 12, Block 2, Amended
Map of The Ocean Front Property of the Miami Beach Improvement Company, according to the map
or plat thereof as recorded in Plat Book 5, Page 7, Public Records of Miami-Dade County, Florida.
Folio Number: 02-3226-001-0490
Legal Description:
The West 80 feet of the South 100 feet of Lots 10 and 12, in Block 2, less the East 15 feet of the
Northern 35 feet of the Western 80 feet of the Southern 100 feet of Lots 10 and 12, Block 2 of
Amended Map of The Ocean Front Property of the Miami Beach Improvement Company, according to
the map or plat thereof as recorded in Plat Book 5, Page 7, Public Records of Miami-Dade County,
Florida.
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