HomeMy WebLinkAboutExhibit BOFF. REC.15502657 92R220924 1992 JUN 10 11902
THIS AGREEMENT -AND DECLARATION OF RESTRICTIVE COVENANTS by
3101 Associates, Ltd., a Florida .limited partnership, the fee -
simple owner of the subject property (the "Owner"), in favor of the
City of Miami, Florida, -(the "City") a municipality of the State
of Florida.
WHEREAS, the Owner controls fee -simple title to certain
property (the "Property") in the City of Miami, Florida (the
"City'l-) situated along the main thoroughfare of Biscayne Boulevard
between 31st and.32nd Streets:
Lots 2, 3, 4, 5, 6, 7, 8, 9, 10 and
the East 14 feet of Lot 11, in Block
1, BROADMOOR, according to the Plat
thereof, as recorded in Plat Book 2,
at Page-37, of the Public Records of
Dade County, Florida.
AND
The East 24 feet of Lot 1, and all
of Lots 2, 3, 4, 5, in Block 3,
ELWOOD COURT, according to the Plat
thereof, as recorded in Plat Book 9,
at Page 181, of the Public Records
of Dade County, Florida.
AND
The East 1/2 of Lot 6 and the West
45 feet of Lot 7, in Block 3, of
ELWOOD COURT, according to the Plat
thereof, as recorded in Plat Book 9,
at Page 181, of the Public Records
of Dade County, Florida.
Prepared hys
Lucia A. Dougherty, Esq.
Greenberg, Traurig, Hoff"n,
Lipoff, Rosen i Quentel■ P.A.
1221 Brick*11 Avenue
Miami, Florida 33131
' • REC. 15547F 2658
WHEREAS, the Property is zoned C-1; however, the Owner seeks
to provide assurances to the City that, the Property will be
developed in a manner that will limit the impacts upon adjacent
residential uses; and
WHEREAS, on September 26, 1985, the City Commission accepted
a Declaration of Restrictions (the "Covenant") which, among other
covenants, requires street dedication, which would be an extension
of Northeast 4th Avenue; the dedication of property -to the east of
said street dedication fora mini -park; maintenance of said mini
park; construction of the 4th Avenue extension; a sign at the
mini -park; and $2'0'500 to be paid to the City of Miami Parks
Improvement Fund (for Clemente Park), a copy of such unrecorded
Covenant is attached hereto as Exhibit "A" (the "Covenant"); and
WHEREAS, the Covenant provided that it may 'be released,
modified or amended by written instrument upon approval at a
public hearing before the City Commission; and
WHEREAS, the City Commission determined on April 25, 1991
that it is in the best interest of -the -general welfare of the City
of Miami and its inhabitants to substitute and supercede the
Covenant with this agreement (the "Substitute Covenant").
NOW, THEREFORE, the Owner voluntarily agrees and covenants
that the Property shall be subject to the following restrictions
that are intended and shall be deemed to be covenants running with
the land and binding upon the Owner of the Property, its succes-
sors and assigns, as follows:
• 15547n2059
A. use Limitations. The Property shall. be developed ass -a
mixed use retail shopping center with no more than 251000 square
feet of leasable space. A landscape plan shall be submitted to
and approved by the Planning, Building and Zoning Department upon
the issuance of a building permit for the property.
B. Property. Contribution. Upon written request by the
City, made within ninety-nine (99) years of the date of. this
Covenant, the Owner shall deed to the City the following described
property (the "Additional Property")
West 45 feet of Lot 7, Block 3,
ELWOOD•COURT, according to the Plat
thereof as recorded in Plat Book 9
at Page 181 of the Public Records of
Dade County, Florida; and
Lots 2 and 3.and Lot 4 less the west
10 feet, Block 1, BROADMOOR, ac-
cording to the Plat thereof as reco-
rded in Plat Book 2 at .Page 37 of
the Public Records of Dade County,
Florida.
Until such a request is made by the City, Owner shall not con-
struct or build upon the Additional Property but in all -other
respects, shall maintain all aspects of rights and obligations of
ownership thereof including but not limited to payment of all tax
as assessed thereon and maintain all of the property in accordance
with all applicable codes.
C. ' Effective Date. This instrument shall constitute a
covenant running with the title to the Property 'and Additional
Property, respectively, and be binding upon the Owner, its
successors and assigns. These restrictions shall be for the
3
uun nuuac wn�n ��� ` 4 y
F MICROFILMED LOCATION• CAMERA OPERATO
R
OR
• DEPUTY CLERK. CIRCUIT COURT
°EF: 15547rc2660
benefit and limitation upon all present and future owners of the
Property and Additional Property, respectively, and for the public
welfare.
D. "Amendment_ and Modifigation. This instrument may be
modified, amended or released as to any portion of the Property or
- Additional Property, upon the approval by the City Commission
after a public hearing.
E. Term of Cove ant. This voluntary covenant on the part
of the Owner shall remain in full force and effect and shall be.
binding upon the Owner of the Property and Additional Property for
99 years.
F. Inspection and Enfgrrcement. 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, to determine
whether the Conditions of this Declaration are being complied
with. An enforcement action may be brought by the City and shall
be by action at law* or in equity against any party or person
violating or attempting to violate any covenants, either to
restrain violations or to recover damages. The prevailing party
in the action or suit shall be entitled to recover costs and
reasonable attorneys fees. This enforcement provision shall be in
addition to any other remedies available under the law.
G. Recording. This Declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the Owner.
4
ICAN NATIOM& STANDARDS INSTITUTE FOR PERANMENT MICROPM"*w APNTC
'R IONS.
OURTHOUSE TOWER
t MICROFI ED LOCATION CAMERA OPERATOR
DEPUTY CLERK, CIRCUIT COURT
j - RIEr.
C:15547 2M I•
• H. This Substitute Covenant supercedes in its entirety and
renders null and void and of no further force or effect the Coven-
ant and all of the provisions thereof.
IN WITNESS WHEREOF, t d signed have set their hands and
seals this /5- day of R, 1992.
3101 ASSOCIATES, -LTD., a
Florida Limited Pa;*-nership
ATTEST:
CITY CLERK
APPROVED AS TO FORK!
CITY ATTORNEY
5
By: 4 •-....Q �--
lan K,1,6qJAr, General Partner
and Au rized Signatory
CITY OF MIAMI, FLORIDA
By
CITY MANAGER
RED 15541P62662
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this z 7-1
day ofAcac"t.� , 1992 on behalf of the Owner, •3101 Associates,
Ltd., a Florida limited partnership, by Alan Kluger, General
Partner, who acknowledged that he has the authority to execute
the foregoing instrument for the purposes expressed thersixi
personally known to me. and did not t an oath.
NOTARY PUBLIC
STATE OF.FLORIDA-AT-LARGE ' `
My Commission expires: '"•••'+R
r •
NNARY PUDLIC STATE OF MR=
W CMISS1014 EXP. MAY 10.1995
BM0 TURU GENERAL INS. Unit.
STATE OF FLORIDA
SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
day of , 1992 on behalf of the City of Miami by Cesar
Odio, City Manager, and Matty Hirai, City Clerk, and thev
acknowledged that they have the authority to execute the foregoing
instrument on behalf of the City for the purposes expressed
therein.
My Commission Expires:
NOTARY PUBLIC
STATE OF FLORIDA-AT-LARGE
6
NEC:1550 2663
The undersigned, United National Bank, a national banking
association, Mortgagee under that certain Mortgage and 'Security
Agreement recorded in Official Records Book 14840, Page 5190, re-
recorded in Official Records Book 24937, Page 102, both or the
Public Records of Dade County, Florida, and the mortgages, as
modified, con$olidated thereby (the "Mortgage*), encumbering lands
which include the land covered by the, foregoing Agreement and
Declaration of Restrictive Covenants (the "Agreement"), hereby
joins in the foregoing Agreement for the purpose of binding the
lands encumbered by its Mortgage to the effects of such Agreement.
IN WITNESS WHEREOF, the undersigned h caused this
instrument to be executed as of the Ast day of u ,
199A.
United National Bank, a
national banking association
(CORP.
BY Ir# EAL)
Prin Nam
Tit e : v.
STATE OF Alertcka,
SS.
COUNTY OF4c )
The foregoing instrument was acknowledged before me this Qi�•
day of , 1991 . by L•1rr w.,n , as
SC,. 1]+e.ss'�f United National Bank, a national banking
association, on behalf of said association.
Sign Name: fZ,
Print Name: rj
Notary Public o`
e
(NOTARIAL S Of
My Commission Expires:
STAT-
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