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HomeMy WebLinkAboutDeclaration of Restrictive Covenants in Lieu of Unity of Title 2005- 20058 1111111111111111111111111111111111111111I11 CFN 2006R1122036 OR Bk 25018 P9S 1153 - 116H (9p, RECORDED 10/19/2006 09:39:59 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUHTY, FLORIDA This instrument prepared by and should be returned to: Carter N. McDowell, Esq. Bilzin Swnberg Baena Price & Axelrod LLP 200 South Hiscayne Boulevard, Suite 2500 Miami, FL 33131 DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE KNOW ALL BY THESE PRESENTS that the undersigned New World Symphony, Inc., a Florida not-for-profit corporation ("NWS"), 420 Lincoln Road Associates, Inc., a Florida corporation ("Development") or its assigns and the City of Miami Beach, a Florida municipal corporation ("City") (collectively "Owners"), hereby make, declare and impose on the lands herein described, this covenant running with the title to the land, which shall be binding on the Owners, their heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; WHEREAS, Development holds the fee simple title to the land in the City of Miami Beach, Florida, respectively known as 1601 and 1619 Drexel Avenue and 1600 Washington Avenue, described in Exhibit "A", and hereinafter called the "Parking Property"; and WHEREAS, the City holds the fee simple title to the land in the City of Miami Beach, Florida, bounded by 17th Street on the north, Drexel Avenue on the east, North Lincoln Lane on the south, and Pennsylvania A venue on the west, hereinafter called the "City Property" described on Exhibit "B"; and WHEREAS, NWS holds a long term lease on the City Property and is the proposed developer of a campus expansion and related facilities on the City Property (the "NWS Facility"); and WHEREAS, NWS' required parking obligation for'the NWS Facility has been partially satisfied by providing parking on the City Property, however, NWS has a requirement to provide one hundred seventy-five (175) additional parking spaces; and WHEREAS, the City has determined that, pursuant to City Code section 130-36, "Off-site facilities" and section 142-368, concerning the CCC Zoning District, NWS may provide the 175 additional spaces to satisfy NWS's required parking, on the Parking Property in conjunction with Development subject to the conditions set forth below; MIAMI 923670.17604021542 fI/- Declaration of Restrictive Covenants In Lieu of Unity of Title Page 2 NOW THEREFORE, in consideration of the premises, NWS, Development and City hereby agree as follows: 1. NWS' outstanding obligation to provide 175 required parking spaces shall be satisfied by the nonexclusive availability of 175 spaces in the Parking Property. 2. NWS' use of the spaces shall be provided according to the following conditions: a. The nonexclusive use of 175 parking spaces after 6:00 p.m. on weekdays and weekends on the Parking Property, which spaces shall not have been previously designated nor will they be subsequently designated as required parking for any other use for zoning purposes, except through approval by the City of an under-utilized parking analysis pursuant to Section 130-192 of the City Code or, unless this declaration is modified or released. b. Development shall have the right at its discretion to the use of the 175 parking spaces before 6:00 p.m. on weekdays and all day on weekends, except during NWS events, pursuant to the underutilized parking analysis provisions of Section 130-192 of the Code. c. The 175 parking spaces will be offered at market rate not to exceed those rates that may be charged at 1691 Michigan Avenue or 1601 Washington Avenue. d. Subject to reasonable rules and regulations established by Development, any number of the 175 parking spaces not utilized by NWS or Development shall be offered to the general public on a non-exclusive and first come first serve basis after 6:00 p.m. on weekdays. Development will cooperate with the City to provide and pay for appropriate signage at the NWS Facility and Parking Property to identify the additional parking spaces at the Parking Property. e. In the event that NWS is delayed or fails to build its facility, the 175 parking spaces shall continue to be designated for the NWS use until such time as the City determines that the spaces shall no longer be needed for the NWS Facility, at which time they shall be released from the terms and conditions of this Declaration and shall be released to Development for use by the general public. The City Manager or his successor, shall process without undue delay and execute a written instrument effectuating and acknowledging such MIAMI 923670.17604021542 w- Declaration of Restrictive Covenants In Lieu of Unity of Title Page 3 release. 3. 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 ofthirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods often (10) years each, unless released in writing by the City of Miami Beach, after approval by the City Commission, upon the demonstration and affirmative finding that the same is no longer necessary to provide parking for the NWS Facility in the event this facility has been built as herein intended. 4. The provisions of this instrument may be amended, modified or released by a written instrument executed by NWS, Development and the City, if approved as provided in paragraph 3 above. Should this Declaration of Restrictive Covenants be so modified, amended or released, the City Manager or his successor, shall process without undue delay and execute a written instrument effectuating and acknowledging such amendment, modification or release. 5. Enforcement shall be by action by any party hereto against any parties or persons violating or attempting to violate any of these 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 Court shall not affect any of the other provisions, which shall remain in full force and effect. If this covenant is declared invalid, the NWS shall be permitted to follow the procedures in paragraph ~above. -I;#... z. e.. tPf 7. This Declaration shall be recorded in the public records of Miami-Dade County at the NWS's expense. 8. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone 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 Miami Beach may withhold any future permits, and refuse to make any inspections or grant any approval, until such time as this Declaration is complied with. Signed, witnessed, executed and acknowledged on this I'Z-~ day of ./f\IJ \II 209' (" MIAMI 923670.1 7604021542 ---'---'--t--' ~ Declaration of Restrictive Covenants In Lieu of Unity of Title Page 4 IN WITNESS WHEREOF, NWS, Development and the City have caused these presents to be signed in their name by their proper officials. [SIGNATURE PAGES FOLLOW] MIAMI 923670.17604021542 u-- Declaration of Restrictive Covenants In Lieu of Unity of Title Page 5 Witnesses: NEW WORLD SYMPHONY, INC., a Florida not-for-7/::.::::itik By: It 'Howard Herring, President 541 Lincoln Road Miami Beach, FL 33139 Print Name STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by Howard Herring, President of New World Symphony, Inc., a Florida not-for-profit corporation, on behalf ofthe corporation. He is ~rsonally known to m~r has produced , as identification. Witness my signature and official seal this ~day of , 200' in the County and State aforesaid. 1t Tom- . '. ~~....~III'1D01'" v,..':J E>o>i'" ",,"'2" 2llIl1 Notary ublic-State of Florida at Large - \ (IV>'\. r~ c.rot-' Print Name My Commission Expires: ~~f..IL ~41 1001 MIAMI 923670.17604021542 ~ Declaration of Restrictive Covenants In Lieu of Unity of Title Page 6 Witnesses: 420 Lincoln Road Associates, Inc., a Florida corporation ~~ By: ~~ PAUL CEJAS, PRESIDENT 420 Lincoln Road, Suite 2D Miami Beach, FL 33139 STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by Paul Cejas, the President of 420 Lincoln Road Associates, Inc., a Florida corporation, on behalf ofthe corporation. He ~ oersonallv known to me or has produced , as identification. - W_. my._ md ofild_ "'" fui. 0.... day of ~.~ ' 200f. m the County and State aforesaid. ~..li .lJJ.J,{j] Notary Public-State of Florida at Large J rl{nY~ 6crrverO Print Name My Commission Expires: ~4"~ LAMYS GUERRERO "'.... MVCOMMISSION.#DD4CIi1642 ~~Off\tJ" EXPIRES: AlI!-17.2009 (407) 3118-0153 Flcw;lda NcrlIWys.Mo&COIft MIAMI 923670.1 7604021542 --'~ if- Declaration of Restrictive Covenants In Lieu of Unity of Title Page 7 ATTJtf~ j P M-~ aJ&~ Robert Parcher APPROVED AS TO FORM & LANGUAGE & CUTN bv' IO-I']~/)b Date /0' /3 .tKp Date F:\atto\HELG\Fonns covenants\Covenants\NWS Declaration of Restrictive Covenants Version 112905.DOC MIAMI 923670.1 7604021542 f:;f--, Development Parcel: lots 1,5,6,7,8,9 and 10 inclusive, Block 53, Pine Ridge Subdivision, A subdivision Recorded in Plat Book 6 al Page 34 of Ihe Public Records of Miami-Dade County, Florida, Also, Ihe East 5.0 Feet of lots 2 and 3. And also, the portion oflbe Alley recorded in Deed Book 2075 Page 191 of Aforementioned Subdivision. Less Ihe Alley recorded in official Record Book 2549 Page 476. More particularly described as follows: Begin (POB) at Ibe Northwest comer of lol 5 Block 53 thence Run East along the Soulb line of lot 4 221.22', Ibence Run Soulb 20.00',dlence West along the North line of lot 3 54.42', thence South and 5.0' East of and parallellQ dIe West IineoflolS 2 alld3 180.00',lbence East along the North line of lot I 156.80', thence Soulh along lhe Wesl righl or way line of Washington Avenue 85.00' lQ a Point of Curvature (P,C.) oca curve concave to Ibe Soulhwest having for it's elements a Della of90", an ARC of 23.56' and a Radius of I 5.00' to the Point of Tangency (P.T.) thence West 293.60' along the North RighI of Way Line 161h Slreel to a Point of Curvature (P.C.lofa curve concave to the Northwest Having for it's elements a Della of 90", an ARC of23.56' and a Radius of 15.00' to Ibe Point ofTungenc..'Y (P.T.),lbence North along dIe Easl Right of Way Line Drexel Avenue 28S.00'to the (P.O. B.). EXHIBIT I A j:J!- ) \. I' t. OR BK 25018 PG 1161 LAST PAGE f: ,; :.' F- /,'-', ,...:.....-'.:;rx,"'..1 !f!,I"fl< ...."..,..:.. \.- " \ """" ""'1.<",.;' ,~ . '" / ~_/ --..-.-...... ,", ." The City Property is generally bounded by 17th Street to. the north, Drexel Avenue to the east, North Lincoln Lane on the south and Pennsylvania Avenue on the west. Please note the legal description will be updated upon the reconfiguration of Drexel Avenue. l I - - ----1"-:- D U'" II"==- ~.;~"'!'~~ I ,- 1--:-" ~ _ _ ~. 'it,($". ~. ~ 'l~?_?<<;.':. ~!!l';: W. ------ ~ I I I =--~ " ~ 17th Street IL . >~.- 'j' ..;.. ._l.:r2fui,,'i4':?Y1 ;:~f:':!j.t :.:~;:it ' .. :~'-~ :-#ii.i___ '::~"5',":-:ki:;~ .:'~. ," I!i III n I J -~ I .. " i., .L_. ,~ . -=r..?, .' I 0&' .--i;i"~' .' ; I t'~' I . i r 51'-1 - ~ . . 1 ; I .:': \ , !' . -","",,-. ,.+-,' ,'--- '" = = .", > -< os .- = : ~ '" = = '" l:l.< ti~~. L_ ...: I" r- ...t"- t 1-. 1 I. 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