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HomeMy WebLinkAboutExhibit BDocument prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Planning Department, Attn: Planning Director 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130-1910 Folio No(s): 01-3124-020-0860 (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of April, 2022, by Perpetual Love 4136, LLC, a Delaware limited liability company having offices at 110 Merrick Way, 93A, Coral Gables, Florida 33134 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 20 NW 42 Street, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner has filed an application with the City requesting to change the Property's zoning classification from T3-L to T4-L (the "Application"); and WHEREAS, the City Commission voted to adopt the Application, following duly noticed public hearings, subject to the restrictions set forth in this Declaration; NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, 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 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-1020 running with the land and binding upon the Owner of the Property, and its heirs, grantees, successors, and assigns as follows: 1. Recitals. The recitals and findings 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. Use/Restriction: Notwithstanding the adoption of the Application and the subsequent change of zoning to T4-L, the Property shall not be used for any one or more of the following uses for any reason(s) whatsoever: (i) Community Residence; (ii) Two Family Residence; (iii) Live — Work; (iv) Bed & Breakfast; (v) Food Service Establishment, not including ancillary cafe uses; (vi) Alcohol Beverage Service Establishment; (vii) Community Facility; (viii) Religious Facility; (ix) Community Support Facility; (x) Infrastructure and Utilities; (xi) Public Parking; and/or (xii) Transit Facility. The preceding capitalized terms shall have the meanings set forth in Miami 21 at the time the Application was adopted (collectively referred to hereinafter as the "Prohibited Uses"). In addition to the Prohibited Uses, the Property shall not be used for any one or more of the following services for any reason(s) whatsoever: (i) fortune teller(s); (ii) express delivery service(s); (iii) funeral home(s); (iv) repair service establishment(s); (v) auto -related and/or marine -related establishment(s), (vi) commercial storage facilities; and/or (vii) pawn shop(s) (collectively the "Prohibited Services") 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the 2 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-1020 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. 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records, and shall be automatically extended for periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. 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. An action to enforce the terms and conditions of this Declaration may be brought by the City or any resident located within a rive -hundred -foot radius of the Property boundaries and may be by action at 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. This enforcement provision shall be in addition to any other remedies available under the law. 6. Cumulative. All rights, remedies, and privileges gained herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an 3 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-1020 election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 7. Amendment, Modification, Release. This instrument may be modified, amended, or released as to any portion or all of the Property only after the occurrence of a public hearing before, and approval from, the City Commission. Any amendment, modification, or release shall be executed by the Planning Director and the Zoning Administrator, or their successor or designee, and be in a form acceptable to the City Attorney. 8. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 10. Counterparts/Electronic Sim. This Declaration may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration. The parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. 4 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-1020 11. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors, or assigns. SIGNATURE PAGES TO FOLLOW 5 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-1020 IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of April, 2022. Witnessed by: Perpetual Love 4136, L.L.C., a Delaware limited liability company an Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) Henry Courtney, its Manager The foregoing instrument was acknowledged before me, by means of physical presence OR online notarization, this day of , 20 by , of He personally appeared before me, is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: 6 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-1020 APPROVED AS TO CONTENTS: David R. Snow Planning Interim Director Daniel Goldberg Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney 7 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-1020 Exhibit "A" Lot 22, Block 5, of "AMENDED PLAT BUENA VISTA HEIGHTS ADDITION TO THE CITY OF MIAMI, FLORIDA FOR BUENA VISTA INVESTMENT CO", according to the Plat thereof as recorded in Plat Book 3, at Page 22, of the Public Records of Miami -Dade County, Florida. 8 Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Planning Department, Attn: Planning Director 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130-1910 Folio No(s): 01-3124-020-0860 (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of April, 2022, by Courtney Properties, L.L.C., a Florida limited liability company having offices at 110 Merrick Way, 93A, Coral Gables, Florida 33134 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 19 NW 41 Street, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner has filed an application with the City requesting to change the Property's zoning classification from T3-L to T4-L (the "Application"); and WHEREAS, the City Commission voted to adopt the Application, following duly noticed public hearings, subject to the restrictions set forth in this Declaration; NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, 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 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-0860 running with the land and binding upon the Owner of the Property, and its heirs, grantees, successors, and assigns as follows: 1. Recitals. The recitals and findings 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. Use/Restriction: Notwithstanding the adoption of the Application and the subsequent change of zoning to T4-L, the Property shall not be used for any one or more of the following uses for any reason(s) whatsoever: (i) Community Residence; (ii) Two Family Residence; (iii) Dormitory; (iv) Live — Work; (v) Bed & Breakfast; (vi) Food Service Establishment, not including ancillary cafe uses; (vii) Alcohol Beverage Service Establishment; (viii) Community Facility; (ix) Religious Facility; (x) Community Support Facility; (xi) Infrastructure and Utilities; (xii) Public Parking; (xiii) Transit Facility; and/or (xiv) Learning Center. The preceding capitalized terms shall have the meanings set forth in Miami 21 at the time the Application was adopted (collectively referred to hereinafter as the "Prohibited Uses") In addition to the Prohibited Uses, the Property shall not be used for any one or more of the following services for any reason(s) whatsoever: (i) fortune teller(s); (ii) express delivery service(s); (iii) funeral home(s); (iv) repair service establishment(s); (v) auto -related and/or marine -related establishment(s), (vi) commercial storage facilities; and/or (vii) pawn shop(s) (collectively the "Prohibited Services"). 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the 2 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-0860 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. 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records, and shall be automatically extended for periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. 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. An action to enforce the terms and conditions of this Declaration may be brought by the City or any resident located within a rive -hundred -foot radius of the Property boundaries and may be by action at 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. This enforcement provision shall be in addition to any other remedies available under the law. 6. Cumulative. All rights, remedies, and privileges gained herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an 3 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-0860 election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 7. Amendment, Modification, Release. This instrument may be modified, amended, or released as to any portion or all of the Property only after the occurrence of a public hearing before, and approval from, the City Commission. Any amendment, modification, or release shall be executed by the Planning Director and the Zoning Administrator, or their successor or designee, and be in a form acceptable to the City Attorney. 8. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 10. Counterparts/Electronic Sim. This Declaration may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration. The parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. 4 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-0860 11. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors, or assigns. SIGNATURE PAGES TO FOLLOW 5 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-0860 IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of April, 2022. Witnessed by: Courtney Properties, L.L.C., a Florida limited liability company Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) By: Henry Courtney, its Manager The foregoing instrument was acknowledged before me, by means of physical presence OR online notarization, this day of , 20 by , of He personally appeared before me, is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: 6 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-0860 APPROVED AS TO CONTENTS: David R. Snow Planning Interim Director Daniel Goldberg Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney 7 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-0860 Exhibit "A" Lot 3, Block 5, of "BUENA VISTA HEIGHTS ADDITION AMENDED PLAT", according to the Plat thereof, as recorded in Plat Book 3, at Page 22, of the Public Records of Miami -Dade County, Florida. 8