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HomeMy WebLinkAboutR-95-0132J-94-894 2/9/95 RESOLUTION NO. 95- 132 A RESOLUTION, WITH ATTACHMENTS, APPROVING A RELEASE OF THE DECLARATION OF RESTRICTIVE COVENANTS (THE "DECLARATION OF RESTRICTIVE COVENANTS") DATED MARCH 2, 1988 (ATTACHED HERETO AS EXHIBIT "A"), AND A RELEASE OF THE MODIFICATION OF DECLARATION OF RESTRICTIVE COVENANTS (THE "MODIFICATION") DATED AUGUST 26, 1988 (ATTACHED HERETO AS EXHIBIT "B"), AS RECORDED IN OFFICIAL RECORDS BOOK 13875 AT PAGES 3008-3011 IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, CONDITIONED UPON THE OWNER PROFFERING A COVENANT WHEREBY THE OWNER AGREES TO INSTALL AND MAINTAIN A BUFFER AND LANDSCAPING FOR THE PROPERTY OWNED BY CHALLENGER INVESTMENTS, INC., LOCATED AT 2951-2999 SOUTHWEST 22 TERRACE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AND RECORD SAID RELEASES (ATTACHED HERETO AS EXHIBITS "C" AND "D"), IN SUBSTANTIALLY THE ATTACHED FORMS, SUBJECT TO THE CONDITION THAT CONSTRUCTION ON THE PROPERTY SHALL COMMENCE NO LATER THAN ONE YEAR FROM THE DATE OF ADOPTION, PURSUANT TO SECTION 163.3189, FLORIDA STATUTES (1993), OF THE ORDINANCES CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT: (A) 3015-3017 SOUTHWEST 22 TERRACE; AND (B) 3001 AND 3019-21 SOUTHWEST 22 TERRACE, MIAMI, FLORIDA. WHEREAS, Challenger Investments, Inc. a Florida corporation (the "Owner"), is the fee simple owner and record titleholder of the property located at 2951-2999 Southwest 22 Terrace, Miami, Florida, more particularly described as Lots 26 through 29, Block 2, MIAMI SUBURBAN ACRES LIMITED, as per the Plat thereof, recorded in Plat Book 4, at Page 73, of the Public Records of Dade County, Florida (the "Property"); and CITY COMMISSION MEETING OF FEB 0 9 1995 Revolution No. 95- 132 WHEREAS, the Property is subject to a Declaration of Restrictive Covenants executed by Challenger Investments, Inc., in favor of the City, dated March 2, 1988, (the "Declaration of Restrictive Covenants") a copy of which is attached hereto as Exhibit "A" (the "Declaration of Restrictive Covenants"); and WHEREAS, the Property is also subject to a Modification of the Declaration of Restrictive Covenants, dated August 26, 1988, recorded in Offical Records Book 13875 at Pages 3008-3011 in the Public Records of Dade County, Florida (the "Modification"), a copy of which is attached hereto as Exhibit "B"; and WHEREAS, the Declaration of Restrictive Covenants and the Modification each provide that said Covenants may be released, modified or amended by written instrument upon approval at a public hearing before the City Commission; and WHEREAS, the Owner has requested a Release of the Declaration of Restrictive Covenants and of the Modification (the "Releases"); and WHEREAS, the City Commission, following a public hearing, finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to approve the requested Releases and to authorize the City Manager or his designee to execute and record said Releases, in substantially the forms attached hereto as Exhibits "C" and "D", respectively; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 95- 132 -2- Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. A Release of the Declaration of Restrictive covenants dated March 2, 1988 (attached hereto as Exhibit "A"), and a Release of the Modification dated August 26, 1988 (attached hereto as Exhibit "B), as recorded in Official Records Book 13875 at Pages 3008-3011 in the Public Records of Dade County, Florida, conditioned upon Owner proffering a covenant, in a form acceptable to the City Attorney, whereby Owner agrees to install and maintain a buffer and landscaping acceptable to the Director of the Planning, Building and Zoning Department, for the property owned by Challenger Investments, Inc., located at 2951-2999 Southwest 22 Terrace, Miami, Florida (the "Property"), are hereby approved, subject to the condition that construction on the property shall commence no later than one year from the date of adoption pursuant to Section 163.3189, Florida Statutes (1993), of the ordinances changing the zoning classification from R-2 Two -Family Residential to C-1 Restricted Commercial for the properties located at: (a) 3015-3017 Southwest 22nd Terrace; and (b) 3001 and 3019-21 Southwest 22nd Terrace, Miami, Florida. Section 3. The City Manager or his designee is hereby authorized to execute and record said Releases (attached hereto as Exhibits "C" and "D"), in substantially the attached forms. Section 4. This Resolution shall become effective immediately upon its adoption. -3- 95- 132 PASSED AND ADOPTED this 9th day of February 1995. STElYHEN P. CLARK, MAYOR ATTEST: MATTY HIW CITY CLERK PREPARED AND APPROVED BY: A � M aeA-,-, G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORVEf GMM/amr/b"/M4713 95- 132 -4- N DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants by Challenger Investments, Inc „ a Florida corporation, and Jorge Rodriguez ("Owners"1, in favor of the City of Miami, Florida, a f municipality of the State of Florida. W I T N E S S E T B: WHEREAS, the Owners hold Fee -simple title to certain prop- erty in the City of Miami, Florida ("the City"), consisting of Lots 26 through 29, Block 2, MIAMI SUBURBAN ACRES LIMITED, as per the plat thereof recorded in Plat Book 4, Page 73 in the Public Records of Dade County, Florida (the "property"); and WHEREAS, the Owners are presently applicants before the City of Miami City Commission for a change of zoning classification in the Official Zoning Atlas of the City of Miami, from RG-1/3 (Gen- eral Residential) to CR-2/7 (Commercial Residential) for the above -described property, less the south 1 foot thereof; and WHEREAS, the Owners are desirous of making a binding commit - went to assure that the Property shall be developed in accordance with the provisions of this Declarations NOW, THEREFORE, the Owners voluntarily covenant and agree that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land binding upon the Owners of the Property, and their successors and assigns as follows: A. Building Height Limitation. The height of buildings located within fifty (50) feet of the south property line of the Property along S.W. 22nd Terrace shall not exceed two (2) stories or thirty-five (35) feet. B. Landscape Buffer and Wall. Prior to the issuance of a building permit on the Property, owners shall obtain approval of Prepared bye Anthony J. O'Donnell, Jr-, Eeq. - Greenberg, Tcaurig, Askew, Roffaan Lipoff, (teen a Quentel, P.A. 1401 Beickell Avenue x1mi, Florida 33131 EXHIBIT "A" 95- 132 a landscape plan from the City of Miami Planning Department which plan shall reflect a landscape buffer with a width of twenty (20) feet along the entire south property line of the Property along S.W. 22nd Terrace. This buffer will contain landscaping inclined towards a six foot high masonry wall which Owners shall construct at the northern boundary of the twenty foot landscaping buffer. The landscaping of the Property shall be installed in conformity with said landscape plant and the Owners shall also be respon- sible for the permanent maintenance of the landscaping on the Property. Owners agree to complete construction of the masonry wall within ninety days from the date of final zoning approval. C. Vehicular Access Limitation. No vehicular access for ingress or egress shall be permitted across the south property line of the Property along S.W. 22nd Terrace. D. Site Plan. owner agrees to develop the Property sub- stantially in accordance with the site plan entitled "Radio Miabi Property" dated 1/6/88, revised 1/25/08 and prepared by Chisholm Santos and Raimundez. E. Parkingowner agrees that parking provided for any development on the Property shall be a minimum of 110E of that required by the City of Miami Zoning Code. , F. Child Care Contribution. owner agrees to contribute the sum of $5,000.00 to the Park Improvement Trust Fund for Child Care Facilities prior to issuance of a certificate of occupancy ^ for any building to be constructed on the Property. G. Commencement of Developmento owners agree to begin development on the Property by securing a building permit within one year from the date of final zoning approval. In the event that a permit is not secured within that time, the City Commis- sion may reconsider the grant of zoning approval. H. Effective Doti. If the City Commission of the City approves the owners' pending application for an amendment to the City of Miami zoning Atlas, and after said approval has become final and non -appealable, this instrument shall constitute a 2 - .. 95- 132 covenant running with the title to the Property and be binding upon the Owners, their successors and assigns. These restric- tions shall be for the benefit and limitation upon all present and future owners of the Property and for the public welfare. i. Amendment and Modification. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the then owner of the fee - simple title to the land to be effected by such modification, amendment or release providing that same has been approved by the City of Miami Commission. Should this instrument be so modified, amended or released, the Director of the Planning Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. J. Term of Covenant. This voluntary covenant on the part of the Owners shall remain in full force and effect and shall be binding upon the Owners, their successors and assigns for an initial period of thirty (30) years from the date of this instru- ment is recorded in the public records and shall be automatically extended for successive periods of ten (10) years thereafter. unless modified, amended or released prior to the expiration thereof. K. Presumption of Compliance. where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City of Miami, and inspections made and approval of occupancy given by the City, the same shall create a presumption that the buildings or structures thus con- structed comply with the intent and spirit of this Declaration of Restrictive Covenants and said Declaration shall not be construed as a cloud on title to any of said property upon which said development has occurred. L. Inspection and Enforcement. It is understood and agreed that any official inspector of -the City of Miami may have the privilege at any time during normal working hours, to deter- - 3 - 9 s - 132 mine whether the conditions of this Declaration are being com- plied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the Property 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. M. Severability. Invalidation of any one of these cove- nants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect, provided, however, that such invalidation may be grounds for the City to amend the zoning and/or land -use regula- tions applicable to the Property. N. Recording. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owners. IN WITNESS WHEREOr, the undersigned have set their hands and F seals this 2nd day of March , 1988. I Witnesses' CHALLENGER INVESTMENTS, INC., a 1 Florida corporation Byl (SEAL) I , 95- 132 STATE OF FLORIDA ) ' ) SS: COUNTY OF DADE ) Before mer the undersigned authority, personally appeared AMANCIO V. SUAREZ , the President of Challenger Investments, Inc., who acknowledged on this 2nd day of March 1988, r that he had the authority to execute the foregoing instrument for the purposes expressed therein. 1 NOTARY PUBLIC State of Florida At Large My Commission Expires: r- NOTARY MUM STATE OF FLORIOA: MY COMMISSION EXPIRE& SEFT. 17. ISS4. .*Role ,......1 ft-C Y.O■.M.K.tL JORG GUEZ STATE OF FLORIDA ) SS: COUNTY OF DADE ) Before me, the undersigned authority, personally appeared JORGE RODRIGUEZ and acknowledged on this 2nd day of March , 1998, that he executed the foregoing instrument for the purposes expressed therein. NOTARY PUBLIC State of Florida At Large My Commission Expires: NOTARY ►USUC. STATE OF FLOM& I MY COMMISSION EX14RESS SS T. 27, 1 t l { 1 i 5 - } t�ar�v=t Alfll�3s 8�R�9t+392 te�asrrc,�s�iat� a�' n,,,itc„RJ►RAxx�: ar w�s�excrrvst c*M This Modification of otclarAtion of Restriative Covenants is madr this pj��day of At it f , 29981 by Challanggr :(nveratmetits� ins., a r2orida corporation. and Jorge podrigues ('(rimers"), in tuvot of the City of Miami, Floridae a municipality of the state of plorida. K:_xtt#da R'tpt NHUM, the Owners hold roe -simple Ut10 'tv curtain prop- rrty in the Osty of NjoW.% Plor34a (•the City•)e consisting of Lots 24 through 29, 8lcc' 2s MiJ►Ml SVEOSSAIt A0=9 LIMYTED, as pat the plot thereof recordvd in plat a wk 4# Pape 72 in the Public :ROCOCO$ of 0844 COuhky, Florida (the "41operty")t And WHZRW # a Declaration of Restrictive Covenants (htr*lnaft*r r0forred to as the "DtClaration"), in favor of t". City of Miami ass taco Ned in the public Recotds n.' DWit County in official Record Book at pages � which piaoad cottain testrietions and eon4ltions on the vse of the 8top1rtyj WHEMS, a public hearing was halo berora the city comfi'aslon of the City of mismi on June 22, 19610 at which hearing the modification of Paragraph 05" of the Declaration was approved by Ordinance No* ds as tollowst PWRs Ljngscag* 111f4t Nag mail, prior to 1;he TStlanC* 09 a Ou rig pernik an +3he Froyerty, Owners shall obtain approval of a iiaddaCape plan 99010 the City of Miami M planning 0*pVtment which plan shall refiltot a landscape buffer with a wtdkh of twolsky (20) toot along the entire *oath propr;tyy line *1 the property along S.". 21na I Terrace. Tate buffer will Ciantsin land- s^*ping inclined toverda a six toot high masonry wall which Owners shall conottaet at the northern boundary *I th* twenty leak landscaping buffer. 7ha landscaping of the Property shall be installed in conformity with said landscape p14nf and the Oanars ■hall *Pao be responsible far the geriwanent 132 Dcep+tred byt EXHIBIT "B" ki .'•., 'Y/'!.••c, i� 'Y�1;;J,i �: 'S" v G:';i• '.'•'^�: •Y. r'..,' • tF• yI,Y�., Y•: •J I, .� .••� .•wr fi � y. •w',�i • z•{ R.. %K' '$�. ' � r ,hr,'ri < i�t?>• ' `' �t . a , ;t;t:,,,-:...:. , !«.•,:;'; 1 �''1',, „ .�; I; ¢capliNg, Lnellned tx?varft a aim root high msa4gry'� �retll xhicb e,wners' shall construct at tha •' nok'thi cA : bound4ty of the tw.utk foot lsriddCh�ing' baffoc. The lundocapi:m, of the pcove tY shall. bo Lnstallad in conformity with said 244480npe ,ant and the O�msrs shall .446 be resp"GA for Me. i►exmaaent miaintenance, of the janatcaping on the prop'' erty: " This wall' Vill be conotruated at: tre time of de"lopmerit of tAe progertp in accordance witb Paragraph 0 herein. ti Xxeept as hocela amended,'all provisiono of t:he Declaration shall camain to ball force and effect, IA aITMS 4f118it OV# the undersigned have set their hands and meals this �►,j44 dur of ct~5 ..,.� 1883. Nitrnonsos� C,FlRI.L8i4= INVSSTMNT6, INC., a Flasitdb corporation N' ■r.i • +�. � ----'-ate 8��� ap ps.oais� f r SS: COUNTY Of TADS � Before a*# the andecsigned authori-ty, personally appooraid '" ..41SAEF the tjWAM I=rQRof Challenger invostment`, Ino., who 40knowledgad on this —L6„ day of thAt he had the aatdoriky to ex0oute the foregoing instcaarent: (at the purposes expte4v&d th4colne .,4,t • 9t.! • . ' I4T'74RT PUBLIC � .. state u! Florida At Lagoa toy Commission Expi:es: ; a• post Nk *4 4 95- 132 MEC: I roc maintenance of the landscaping an the prop- erty. Owners agree to complete construction of the wonry wall Within ninety days boas the date of final $oning Approval. Tot deco B tfer an avail. Price to the aauancc Of s buil4iIng permit on the Prope rtshall tiy, Owners all obtain approval of a landscape plan from the City of ltitmi Planning Department uhioh plan sball reflect a landscape butfor with a width at twenty fyd! fact $long the entire South -*Peet line of the prep�orty along g.4 225 Torracak This buffer Will contain lald- scaping inclined towards a six foot high wasonry Wahl which Owners shall construct at the northern boundary of the twenty foot landscaping buffer,, The landscaping of the Pcogertp shall be installed in conformity with said landscape ppietas and the owners shall also be eespern8 &1* for rb• permanent maintenance of the landscaping on the Trap - arty. This wall will be constructed at the rime of development of the Property in accordance with FAragraph 0 hotel", NFiB>iM . paragraph `t* of the Declaration status in relevant part that the Declaration away be modified, W*-%dod or rtieastd by a written instrument executed by the than owner of the tee simple title to the land to be affected by such madification, amandmont or tal•taae providing that the, same has been approvod by the City of Miami Commission, and that should this 0091ar4440A be ao modified, amended of released, the Director of the Planning orpastment or his SUM9eo9 shall execute a written instrument in cocord0 le torn efteetvattaq and ackno►vledginq such wditicatton, aaeonaent or release. Now, THr.PXFOVZ, Paragraph 110 of thk I2f41aretioll is hereby modified and much sedlficatlon shalt be deamud to be a covonant rv»ning with the land and binding upon: the owners, their auaeeasors, belts and assigns as foi►laa+s+ Paragraph OP of the oclaration sball hereby reudo ndsclof !. Px iar to the arsuanae, a a u ng Permit Oft,ttae property, owners --_ 1 obtain approval of a landscape plan from the City of ttiani planning aepartstnt which plan sbatl heel/not A landscape buffer with a Ninth of twenty tins to t the property entire South 22Z Terence. This buffer will contain iae4• Cat ol ao 'AouAY a UEa OTAT9 OF FLORM I 59 e COUNTS 0! DADL } 5099Co me, Cna uridargl9ned auchOrity, peraanally appeared JORGE RODRIOUNS and acknowled4*4 on thin 26 day of August 10 198e, that he executed the Eor"oiaq instrument fat the purposes oxprasaed ehotoin. 11, 10,'S R'q'CARY A 1 Mato 09 plori& A Large My ComIlavLon Opicaa, k•�� tleCusl 1�� � rls.. 132 This Instrument prepared by or under tie supervision oP. Name: Adrienne Friesner Pardo, Esq. Address: Greenberg, Traudg, Hoffman, Upoff, Rosen & Quentel, P.A. 1221 Brickell Avenue Mlami, Flor Ida 33131 (swe marved #or murk of court) RELF.ASB OF DECLARATION OF RESTRICTi98 COVEMWTS THIS RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS ("Release") is made as of the day of , 1995 by the CITY OF MIAMI, FLORIDA, a municipal corporation (the "city"). WHEREAS, Challenger Investments, Inc.r a Florida corporation ("Owner"), is the owner of that certain real property located at 2951-2999 Southwest 22nd Terrace, Miami, Florida, and more particularly described as Lots 26 through 29,. Block 2, MIAMI SUBURBAN ACRES LIMITED, as per the Plat thereof, recorded in Plat Book 4 at Page 73 of the Public Records of Dade County, Florida (the "Property"); and WHEREAS, Owner proffered to the City a Declaration of Restrictive Covenants dated March 2, 1988 which was accepted by the City Commission on January 28, 1988 (the "Declaration"); and WHEREAS# the City Commission on February 9, 1995 pursuant to Resolution No. agreed to release, cancel, terminate, and extinguish for all purposes the Declaration, conditioned upon Owner proffering a covenant whereby owner agrees to install and maintain a buffer and landscaping on the Property; NOW, THEREFORE, in consideration of the sum of $1o.o0 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledgedr the City agrees as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. The Property is hereby released from the operation and effect of the Declaration conditioned upon a building permit being obtained and construction being commenced on the Property within one (1) year after final reading of the comprehensive plan amendments and adoption thereof pursuant to Section 163.3189, Florida statutes, (1993) for Lots 23, 24, and 25, Block 2r MIAMI SUBURBAN ACRES LIMITED, Plat Book 4 at Page 73 of the Public �v�m.��v.naieuss 95- 132 Fkt„b,T $c S06 891*ON F-z:OT S6i9zib0 Mft-4 ,0".► Qr oaaw cvua tr, r-aorac:a ana also conditioned upon Owner proffering a covenant in a form acceptable to the City Attorney whereby Owner agrees to install and maintain a buffer and landscaping acceptable to the Director of the Planning, Building, Zoning Department on the Property. Upon the occurrence of said conditions precedent, the Declaration is forever released, canceled, terminated and extinguished for all purposes and shall have no further force or effect as conditioned by this paragraph. IN WITNESS WHEREOF, the undersigned has executed and delivered this Release as of the day and year first above written. Signed, sealed and delivered in the presence of these witnesses: Name: Name: ATTEST: Matty Hirai, City Clerk STATE OF FLORIDA ) j SS: COUNTY OF DADE ) CITY OF MIAMI, a municipal corporation BY: Cesar H. Odio, City Manager The foregoing instrument was acknowledged before me this day of , 1995 by Cesar H. Odio, as City Manager of CITY OF MIAMI, a municipal corporation, on behalf of the municipal corporation. He personally appeared before me, are personally known to me or produced as identification, and did take an oath. Notary: [NOTARIAL SEAL] Print Name: Notary Public, state of Florida commission No: My commission expires: 95- 132 01-0i sG/9z/v0 i 900 891 'ON TN* Inatrunwit pYagwrtrt! by or under tfre St47erYlSIon or: Name: Adrienne Friesner Pardo, Esq. Address: Greenberg, TraL ft Hoffman, Upoff, Rosen 8 Ouentel, PA 1221 BdekeU Avenue Miami, Florida 33131 l (Space reserraa rer Clark o1 Court) RELEASE OF MODIFICATION OP DECLARATION OF RESTRICTIVE COVENANTS THIS RELEASE OF MODIFICATION OF DECLARATION OF RESTRICTIVE COVENANTS ("Release") is made as of the day of 1995 by the CITY OF MIAM-1, FLORIDA, a municipal corporation (the "City"). REC I,IRLgo. WHEREAS, Challenger Investments, Inc., a Florida corporation (''Owner"), is the Owner of that certain real property located at 2951-2999 Southwest 22nd Terrace, Miami, Florida, and more particularly described as Lots 26 through 29, Block 2, MIAMI SUBURBAN ACRES LIMITED, as per the Plat thereof, recorded. in Plat Book 4 at Page 73 of the Public Records of Dade County, Florida (the "Property") ; and WHEREAS, owner proffered to the City a Modification of Declaration of Restrictive Covenants dated August 26, 1988, as recorded in the Official Records Book 13875 at Pages 3008-3011 in the Public Records of Dade County, Florida and accepted by the City Commission on June 23, 1988, pursuant to Resolution No. 88-591 (the "Nodilieation") ; and WHEREAS, the City Commission on February 9, 1995 pursuant to Resolution No. agreed to release, cancel, terminate, and extinguish for all purposes the Modification, and to release the Property from the Modification conditioned upon Owner proffering a covenant whereby owner agrees to install and maintain a buffer and landscaping on the Property; NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City agrees as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. The Property is hereby released from the operation and effect of the Modification conditioned upon a building permit being F-06 89T 'ON 95- 132 zz:OZ 96i9Z/00 vbtoinwd cad construction seeing commences on the Property within one (1) year after final reading of the comprehensive plan amendments and adoption thereof pursuant to Section 163.3189, Florida Statutes, (1993) for Lots 23, 24, and 25, Block 2, MIAMI SUBURBAN ACRES LIMITED, Plat Book 4 at Page 73 of the Public Records of Dade County, Florida and also conditioned upon Owner proffering a covenant, in a form acceptable to the City whereby Owner agrees to install and maintain a buffer and landscaping acceptable to the Director of the Planning, Building and Zoning Department on the Property. Upon the occurrence of said conditions precedent, the Modification is forever released, canceled, terminated and extinguished for all purposes and shall have no further force or effect as conditioned by this paragraph. IN WITNESS WHEREOF, the undersigned has executed and delivered this Release as of the day and year first above written. Signed, sealed and delivered in the presence of these witnesses: I Name: i Name: i ATTEST: Matty Hirai City Clerk STATE OF FLORIDA SS: COUNTY OF DADE CITY OF MIAMI, a municipal corporation By: Cesar H. Odic, City Manager The foregoing instrument was acknowledged before me this _ day of , 1995 by Cesar H. Odic, as City Manager of CITY OF MIAMI, a municipal corporation, on behalf of the municipal corporation. He personally appeared before me, are personally known to me or produced as identification, and did take an oath. Notary: [NOTARYAL SEAL] Print Name: Notary Public, State of Florida Commission No: My commission expires: aoro.�o.w�, ��an+r9s —2 — 95- 132 b0(9 89T'ON ZZ:OT S6i9z/00 A. QUINN )ONES, III City Attorney tt of �ffiiantt- March 1, 1995 Adrienne Friesner-Pardo, Esq. Greenberg, Traurig, et al. 1221 Brickell Avenue Miami, FL 33131 Re: Covenant - Challenger Investments 2951-2999 S.W. 22nd Terrace Item PZ-1-City Commission of 2/9/95 Our File No.: A-95-170 Dear Adrienne: (305): 579-6700 Telecopier: (305) 579-3399 The City Commission, at its meeting of February 9, 1995, approved the release of the Declaration of Restrictive Covenants dated March 2, 1988 (the "Declaration") and the release of the Modification of Restrictive Covenants (the "Modification") dated August 26, 1988 requested by the applicant on the above - referenced matter. At its meeting of February 23, 1995, the City Commission clarified that said releases were not applicable to the provision pertaining to the requirement of a landscape buffer and wall contained in paragraph "B" of the Declaration, as amended by the Modification. Please provide me with the following documents on or before April 10, 1995: 1. Release of the Declaration, in a form acceptable to the City Attorney; 2. Release of the Modification, in a form acceptable to the City Attorney; 3. Covenant whereby applicant agrees to the provision pertaining to the landscape buffer and wall, in a form acceptable to the City Attorney; 95- 132 OFFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami, Florida 33131 Adrienne Friesner-Pardo, Esq. March 1, 1995 Page Two 4. Opinion of Title for the property, in a form acceptable to the City Attorney, covering the period from the point of beginning to the date of execution of the covenant; 5. Payment of recordation fees for the covenant, in an amount as determined by the Chief of the Hearing Boards of the Planning, Building & Zoning Department. Should you have any questions regarding this matter, do not hesitate to call me. Sincerely, Irma M. Abella Assistant City Attorney M792/IMA/bjr oc: Matty Hirai, City Cl rk Sergio Rodriguez, Assistant City Manager Joseph McManus, Deputy Director Planning, Building & Zoning Dept. Teresita Fernandez, Chief Hearing Boards Juan Gonzalez, Zoning Administrator Planning, Building & Zoning Dept. Lourdes Slazyk, Planner II Planning, Building & Zoning Dept. G. Miriam Maer, Chief Assistant City Attorney 95- 132 CITY OF MIAMI, FLORIDA PZn 1 INTER OFFICE MEMORANDUM I OMV-Ible Mayor and Members TO : of the City Ccmiiission DATE : FILE Release of Covenant for SUBJECT : Challenger Investments Inc. Agenda Item, Coral Way FROM : Ces , o REFERENCES: ` Benda Item, City Ccnmi ssion Ci ger Meeting of February 9, 1995 ENCLOSURES: �COI�NDA'�'ION It it respectfully recam:ended that the City Ccmission deny the requested release of the attached Covenant for the property located at 2951-2999 Coral Way and owned. by Challenger Investments Inc., and instead approve a modification of said covenant as set forth in the analysis below, finding that the ccaplete release of covenant is not in the public interest and may have adverse effects on the surrounding area. On January 28, 1988, the City Umnission accepted a Declaration of Restrictive Covenant, executed March 2, 1988, for the property located at approximately 2951-2999 S.W. 22nd TLarrace, in order to provide the following physical limitations (other requirements of the covenant not related to physical conditions are not listed below): 1) The height of buildings located within fifty (50) feet of the south property line of the property along S.W. 22 Terrace shall not exceed two (2) stories or 35 feet; 2) A six foot high masonry wall along the northern boundary of a 20 foot wide landscaping buffer was to be installed along the S.W. 22nd Terrace property line within 90 days from the date of final zoning approval; 3) No vehicular access for ingress or egress shall be permitted across the south property line of the property along S.W. 22 Terrace; 4) Owner agrees to develop the property substantially in accordance. with -the site plan entitled "Radio Mimbi Property" dated 1/6/88, revised 1/25/88 and prepared by Chisholm, Santos and Raimund+ez; 5) Owner agrees that parking provided for any development on the property shall be a minim n of 110% of that required by the City of Miami Zoning Code; 95- 132 Page 1 of 3 The above -referenced Covenant was later modified on June 23, 1988, in order to extend the 90-day requirement which was imposed for the construction of the required six-foot masonry wall; the extension granted the property owner the right to construct the wall at the tune of development instead of within 90 days of the date of final zoning approval. ANALYSIS AMID RECOM SIDED MJDIFICATICNS The Planning, Building and Zoning Department is recommending that rather than approving a complete release of the subject covenant, that a modification of the terms of the covenant as specified below is more appropriate. A modification as specified below will not only allow the subject property owner(s) more flexibility in redeveloping their properties, but the neighbors located on the south side of S.W. 22 Terrace will continue to have sane protection from cammrci.al traffic intrusion on to their street. The proposed modifications are as follows: 1) The height restrictions for buildings located within fifty (50) feet of the south property line along S.W. 22 Terrace shall remain at two (2) stories or 35 feet; 2) The wall along the northern boundary of the property may be relocated to provide a ten (10) foot wide buffer distance and shall be landscaped, said landscape plan is subject to the review and approval of the Planning Division prior to issuance of building peen ts; also the six foot high masonry shall be replaced by a three foot high masonry wall with a three foot high wrought iron picket fence above, to reduce the possibility of graffiti; 3) Vehicular access for ingress or egress across the south property line of the Property along S.W. 22 Terrace should continue to be prohibited; 4) The owner may replace the site plan entitled "Radio Mambi Property" dated 1/6/88, revised 1/25/88 and prepared by Chisholm, Santos and Raimoundez with a new site plan which complies with all of the conditions of the revised covenant and subject to the review and approval of the Planning, Building and Zoning Department prior to the issuance of any building permits; 5) Parking may be modified to 100% of that required by code. it should also be noted for the record that the six lots located to the west of the subject property are in the process of seeking zoning changes from R-2 Two Family Residential to C-1 Restricted Commercial (see accompanying items). The Planning, Building and Zoning Department is recaneada.ng that a 1 foot strip along the southern boundary of these six lots remain R 2 zoning in order to prevent S.W. 22 Terrace from being utilized for ingress and egress of the subject lots. 9S-� 132 Paae 2 of 3 The only way in which the City can truly protect the interests of the residential area located along the south side of S.W. 22 Terrace while also allowing reasonable cam*ercial development along the north is to deny the requested release of covenant and approve the modifications described above; and further to approve the zoning change requests subject to the e3aclusion of the 1 foot strip described above along the southern boundary of the subject lots. 95-- 132 Page I of I I C::14A3L,3[,EPYC7vMn =IVVESTMMW%- r 2'9 6 O CCORJ�63E.. WAA6.W M = A.M = , V3LC>3P.= n,& 3 3 14 5 August 1, 1994 Mrs. Teresita Lascaibar Fernandez, R.A., A.I.C.P. Chief Hearing Boards Division Planning Building and Zoning Dept. City of Miami 275 N.W. 2nd Street Miami, Florida 33128 RE: CHALLENGER INVESTMENT, INC. LOT 26-29, BLOCK 2 MIAMI SUBURBAN ACRES LIMITED P.B. - 4, P. 73. Dear Mrs. Lascaibar Fernandez: Serve the present to respectfully request the Release of a Declaration of Restrictive Covenants, offered by Challenger Investment, Inc., on 2nd of March 1988, on the above referred property. Enclosed for your information and use, you will find a list of property owners, within 375 feet of the above described property. If you need any additional information on this request, please do not hesitate to call me. Sincerely, �ncio V. Stm z P esid Avs:gg encl. 95- 132 3 J-88-387 6/23/88 RESOLUTION NO. 88-591 A RESOLUTION APPROVING A MODIFICATION OF THE DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND (HEREINAFTER "COVENANT") DATED MARCH 2, 1988 FOR THE PROPERTY OWNED BY CHALLENGER INVESTMENTS, INC. AND JORGE RODRIGUEZ AND LOCATED AT APPROXIMATELY 2951- 2999 SOUTHWEST 22ND TERRACE, (MORE PARTICULARLY DESCRIBED HEREIN) TO DELETE THE REQUIREMENT THAT THE ABOVE -DESCRIBED MASONRY WALL BE COMPLETED WITHIN NINETY (90) DAYS OF THE DATE OF FINAL ZONING APPROVAL IN ORDER TO ALLOW THE PROPERTY OWNERS TO POSTPONE CONSTRUCTION OF THE WALL ON THE SOUTH PROPERTY LINE OF THE PROPERTY UNTIL COMMENCEMENT OF CONSTRUCTION OF A NEW OFFICE BUILDING, SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE BUILDING PERMIT FOR THE CONSTRUCTION OF A NEW OFFICE BUILDING MUST BE ISSUED ON OR BEFORE JANUARY 1, 1989. 2. PROPERTY OWNERS HAVE NINETY (90) DAYS FROM DATE OF ISSUANCE OF BUILDING PERMIT TO COMPLETE CONSTRUCTION OF WALL IN ACCORDANCE WITH THE TERMS OF THE COVENANT, AND FURTHER SUBJECT TO RECEIPT BY CITY OF AN EXECUTED RECORDABLE MODIFICATION OF COVENANT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, on January 28, 1988, the City Commission adopted Ordinance No. 10374 which granted a change of zoning classification for the property located at approximately 2951- 2999 Southwest 22nd Terrace, Miami, Florida, more particularly described as Lots 26-29 inclusive, less the south one foot thereof, Block 2, MIAMI SUBURBAN ACRES AMENDED, as recorded in Plat Book 4 at Page 73, Public Records of Dade County, Florida, from RG-1/3 General Residential (One and Two Family) to CR-2/7 Commercial Residential (Community)i and WHEREAS, on January 28, 1988, the City Commission accepted a Declaration of Restrictive Covenants (hereinafter the •Covenant•) dated March 2, 1988, a copy of which to attached hereto as Exhibit It pursuant to which the Owners, Challenger Investments, Inc. and Jorge Rodrigues, covenanted, in Section 1 thereof, to J ' provide a sixJfoot high masonry wall along the northern boundary Bdulma OF JUN YS 1988 - _ 88-591 95- 132 of a 20 foot wide landscaping buffer to be installed along the entire south property line of the property along Southwest 22 Terrace. The Owners further Covenanted to complete construction of the masonry wall within ninety (90) days from the date of final zoning approval, in accordance with a landscape plan to be approved by City of Miami Planning Departments and WHEREAS, the Covenant further provides that it may be modified, amended or released by a written instrument after approval at a public hearing before the City Commission; and WHEREAS, the property owners have requested that the Covenant be amended to delete the requirement that the above - described masonry wall be completed within ninety (90) days of the date of final zoning approval in order to allow the property owners to postpone construction of the wall on the south property line of the property until commencement of construction of a new office building; and WHEREAS, the .City Commission has determined that it is in the beat interests of the general welfare of the City of Miami and its inhabitants to allow the above -described amendment; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. A modification of Paragraph "B' of the Declaration of Restrictive Covenants dated March 2, 1986 to read as follows: Landscape Buffer and Nall. Prior to the issuance of a building permit on the Property, Owners shall obtain approval of a landscape plan from the City of Miami Planning Department which plan shall reflect a landscape buffer with a width of twenty (20) feet along the entire south property line of the Property along Southwest 22nd Terrace. This buffer will contain landscaping inclined towards a six foot high masonry wall which Owners shall construct at the northern boundary of the twenty foot landscaping buffer. The landscaping of the property shall be installed in conformity with said landscape plans and the Owners shall also be responsible for the permanent maintenance of the landscaping on the Property. This wall will be constructed at the time of development of the Property in accordance with Paragraph 0 herein-. -2- 88-591 95" 132 subject to the followinq conditions: 1. The building permit for construction of a new office building must be issued on or before January 1, 1989. 2. Property Owners have ninety (90) days from date of issuance of building permit to complete construction of wall in accordance with the terms of the Covenant, and further subject to receipt by City of an executed recordable instrument in a form acceptable to the City Attorney is hereby approved. PASSED AND ADOPTED this 23rd day of June , 1988. C ATTE XAVIER L. SqNmzo MAYOR NATTY HIRAI, City clerk PREPARED'AND APPROVED BY: )&o G. MIRIAM MAER Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: c 0 GE L. FE ANDEZ City Attorn y GNM/rcl/M686 88-591 95- 132 SUP—'.'M-94 THU 1 33 Ma.r ti ti P 02 09/14/94 17:36:13 385-825-2344-) 3852391164 (385)825-0792 pAU 5 i • f�1v�� Api�t�3s 89R�$�0392 c� Moat:xcilszo� m xxm OF meszerrva tvvm►en This !Modification of Declaration of PeattLolive Covenants is *&at, this ,2(s0day of 0 1966. by eballonger 1avestment8l ine., a Flaride corporation, aad. Jorge llodtioues (601mecs') I in tavat at the city of miami, Florida, a municipslity of the State of Florida. Ek S'II1.A!! R_'tRt WHOM, the Owners held 1'ee-stltp1e tlilr 'to owrtain prap- ecty in the City of "Aam`. Florida ('the City"!r consisting of toots Zi through 291 M04 2r Ml11MT 400MAN ACM LYM IDr as per the plat theroat recorded in Plat Soak t, cage 73 to the Public :Rococo* of bade CoUhtyr Florida {the 'Property9# and NHERX8r a Oealaration of Restrtetive Covenants fhpotnattec retorted to as the "Deolaratiien")r in tarot of sloe CI%V of Miani was recorded in the public Records u:' Ctidt County in Official Aocord book at 'ages . which placed aoetatn restrictions and eanditions on the use at the Property% NHEMASS a publie hearing was halo helots the city ..reau'Ision of tho City of Miatti on June 230 19110 at which hearing the modification of Paragraph "s" at the Declaration was approved by Ordinance Ito. $9. as tallow t MOOc2 au!!ec __ !riot to rihe , issuance r a ImIlding pearl t at% nhe ►ropertyr owners shall obtain approval of a FanQscope plan frost the City at M11101 Planning Departwent which plan shall ceflioct a landscape bullet with a width of tweisty (20) test along the entire earth ��1sops,:%% line of the property asono So . 1:led terrace. This buffer Mill contain la;ld- l-spine Ingllned towards a six toot high mA"nrp wall which oaaets shall oonottitot at the nertbetn bounder e/ the %meaty toot landscaping butter, he landscaping of the Property shall be installed in aonfomiq with said lameamps pUns And the Owners shall also be responsible for the psrsansnt ...__A.... 95- 132 S U P— i 5— 9 4 T H U 1 ` 3 3 Mar 09/14/94 17!35:30 Tot 38S-8Z5-2344-> K[- f38 5s 3EWA1164 (305)8Z5-8792 maintenance of the landscaping on the Prop- erty. owners agree to complats canatkuction of the satonry wall within ninety days from the date o9 final soning approval. kBg 0fa Wall- Prior to the suuanco of a O" rmit on the propartyp Ownars Oaii obtain approval of a landscape plan tram the City of Alami planning Departmant Which plan shall reflect a landscape butter with ! width Of twenty (ad} goat along the entire south property line o the Property along s. . 2Zn T*rraca. This buffer will contrim land- nesping inclined towards a six foot bigb masonry wall which 0%ners-4hall or"Struet at the northern boundary of the tw"tg foot landscaping baglar. The londacepitq of the PropaRory $ball be installed in conformity With said landscape Plana &a the Owners $hall also be 2e001!18 ble !er the Ptf*anant Maintenance of, the landscaping on tale Pr arty. ThIs wall will be constructed at the till* of daveloppmmeont of the Property in accordance with Fa$agespb a herein* wBaCgm, Paragraph 6:0 of the Declaration states in relevant part %bat the Declaration may be medifiedo VWft40d or rtieased by a written instrument executed by the then owner of the toe simple title to the land to be affected by such reoditicotionr amendawnt or teleaae providing that the $ane has been appraved by the City of Miami Commission, and that should this 0*e3arst4on be so nodilita, amended or released• the Dictator of the Planning Department of his successor *ball estests a written inetraaleat in recordsble torts ofteetuating and aeknowlsdging each anditieattonP ase"40ant or $*lease. Waw, 'j4iLiVM# Paragraph "D` of the I?falar*tiara is hereby modified and such modification eball be 4e4mod to be a oavenant running ;With the land. and binding upon the owrierso their suotessoreo heirs and assign* as foilovet Paragraph "s" of the Doclaration shall hereby rondo rlgs,,,,Wag to tine issuance or a Dal1drng pstult ofl the Propperty, Comers shall obtain approval of a landscspe plan frole the eltr of Miami planning Department Which pica shall xetlDt% a landscape butter with a width of twenty (2% feet along the entire south ptopert 'A(],5 132 •+A AR •ho *poverty alon4 S.W.*.W41 — P.03 rove 4 SUP— t S-914 THU i \: 34 Mart i rti L+�v i n* -►rt 09/14/94 17:34:552 305=825-2344-> MR381164 (385)825-5792 IN -771 6010 $080191g; inclined bgifardb, a, six east high maaww3r% will .+Mich �aegk shAil construct at tbd nbfthetin :boundary at, the wenty That l4dd8dt&ft' buffer. Vbe landoospU4 of the brotrmxtyshall, be in¢lall+ed is conformity WAVY. WWOw "W-% a�iatenAnce, of tbe,1A mving on the prop- erty" ° dh•is well' wilt be Conattacled st the time of devex VNIN t of the yv*ertr in accordance lwitb Paragraph a Meet", s except &a herein &Blended.'Ali provisions of tbt Declaration Shalt remain is feria force and effect. IN WITO Fad 0211Z # BChe 1rM OCNigMed ha'we Net 0419 hands an4 seals this 21i� day at k4g&% # lees. Mltnsa=o+tt F�t�tfGSltc�6�iT�11�8r i11C. � A Its ay j w..... STAU of PLO M f got Comm or M" assort Me the onatrstqued aotharitt, persoesilY eppsare4 the of challenger wesamenvss tut.. wbo acknowledged on this .AL. day of that be had the aatboritr to execute the foregoing instcumat, gar %be purposes txpneso&d theteia. ~ R7r FOOLIC � sites Pt Florida At Laege MY commission Expiresw 95-- 13� P . 1E1 4 Page 3 SUP-1 M—'9V4 I THU 1 '" t 3� MCar i n Labs i ns -�r"f A% ti» P . 0M I ' 89/14/947s34i?.A 385-825-2344—? 3852381164 (385)825-8?92 Page 2 Bn'i'1i or nonva ) its COUNTY OF CAUR 1 motors met the undarsipned auetiority, personally appeared JQRGC 10DOM31 and aC%notriedged On this 36ally of August Its$# that he executed the Eor"olaa Instrument for that purposes expressed thoesin. , /J r Ii4v ItmRi, d No* it. t4;t state of plorlds At Large My commission 8xyiress • �k"Min •1t! xT�owGwtiWilou�c yi I � - 95- 132 DECLARkTZON OF RaTRICTM COVLMUgTS This Declaration. of Restrictive Covenants by Challenge, Investments, Inc., a Florida corporation, and Jorge Rodrigues ("Owners"), in favor of the City of Miami, Florida, municipality of the State of Florida. W Z T 8 E s s E T H: WHEREAS, the Owners hold Fee -simple title to certain prop- erty in the City of Miami, Florida ("the City"), consisting of Lots 26 through 29, Block 2, MIAMI SUBURBAN ACRES LIMITED, as per the plat thereof recorded in Plat Book 4, Page 73 in the Public Recorda'of Dade County, Florida (the "Property"); and WHEREAS, the Owners are presently applicants before the City of Miami�City Commission for a change of zoning classification in the Official Zoning Atlas of the City of Miami, from RG-1/3 (Gen - oral Residential) to CR-2/7 (Commercial Residential) for the above -described property,* Iess the south 1 foot thereof; and WHEREAS, the Owners are desirous of making a binding commit meat to assure that the'Property shall be developed in accordance with the provisions of this Declarations NOW, THEREFORE, the Owners voluntarily covenant and agree that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land binding upon the Owners of the Property,. and their successors and assigns as follows: A. Building Height Limitation. The height of buildings located within fifty (30) feet of the south property :in* of the Property along S.W. 22nd Terrace shall not exceed two (2) stories or thirty-five (33) feet. B. Landscape Buffer and Wall. Prior to the issuance of a building permit on the Property, Owners shall obtain approval of Prepared bys AntGhroJ. O'Donnell, Jr., Esq., 3 berg, Traurig, Askew, x Roffman Lipoff, Rosen i Quente , P.A. 1401 8rickeu *AVenue - 13 2 wf -_i _. • - - - ►4 a ,ndscape plan from the City of .mi Planning Department which plan shall reflect a landscape buffer with a width of twenty (20) feet along the entire south property line of the Property along S.W. 22nd Terrace. This buffer will contain landscaping inclined towards a six foot high masonry wall which Owners shall construct at the northern boundary of the twenty foot landscaping .buffer. The landscaping of the Property shall be installed 'in conformity with said landscape plans and the Owners shall also be respon- sible for the permanent maintenance of the landscaping on the Property. Owners•agree to complete construction of the masonry wall within ninety days from the date of final zoning approval. C. vehicular Access Limitation. No vehicular access for ingress :or egress shall be permitted across the south property line of the Property along S:W. 22nd Terrace. D. Site Plan. Owner agrees to develop the Property sub- stantially in accordance with the site plan entitled "Radio Mambi Property° dated 1/6/88, revised 1/25/88 and prepared by Chisholm Santos and Raimundez. E. Parking. Owner agrees that parking provided for any development on the Property shall be a minimum of 110% of that required by the City of Miami Zoning Code. F. Child Care Contribution. Owner agrees to contribute the sum of $3,000.00 to the Park Improvement Trust Fund for Child Care Facilities prior to issuance of a certificate of occupancy for any building to be constructed on the Property. 0. Commencement of Develoyment. Owners agree to begin development on the Property by securing a building permit within one year from the date of final zoning approval. in the event that a permit is not secured within that, time, the City Commis- sion may reconsider the grant of zoning approval. H. .'Effective Date. If the City Commission of the City approves the Owners' pending application for an amendment to the City of .Miami Zoning Atlas, and after said approval has become final and non -appealable, this instrument shall constitute a - 2 - 95- 132 coven..e running with the title to Property and be binding upon the Owners, their successors and assigns. These restric- tions shall be for the benefit and limitation upon all present and future owners of the Property and for the public welfare. I. Amendment and Modification. . This instrument may be modified, amended or released as to any portion of the Property by a written instrument 'executed by the then owner of the fee - simple title to the land to be effected by such modification, amendment or release providing that same has been approved by -the City of Miami Commission. Should this instrument be so modified, amended or released, the Director of the Planning Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. J. Term of Covenant. This voluntary covenant on the part of the Owners shall remain in full force and effect and shall be binding upon the Owners, their successors and assigns for' an initial period of thirty (30) years from the date of this instru- ment is recorded in the public records and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof. R. Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant'to a lawful permit issued by the City of Miami, and inspections made and approval of. occupancy given by the City, the same shall create a presumption that the buildings or structures thus can- structed comply with the intent and spirit of this Declaration of Restrictive Covenants and said Declaration shall not be construed as a cloud on title' to any of said property upon which •said • development has occurred. L. Inspection and •Enforcement. It is understood and agreed that any official inspector of .the City of Miami may have the privilege at any time during normal working hours, to deter- 3 - 95` 132 m whether the conditions of t. Declaration are being com- plied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the Property •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. M. Severability. Invalidation of any one of these cove- nants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect, provided, however, that such invalidation may be grounds for the City to amend the zoning and/or land -use regula- tions applicable to the Property. N. Recording. This Declaration shall*be filed of record among the Public Records of Dade County, Florida, at the cost of the owners. IN WITNESS WHEREOF, the undersigned have set their hands and seals this 2nn day of March , 1988. 04 4o"^memo 0 CHALLENGER INVESTMENTS, INC., a Florida corporation By: 1 (SEAL) icy - 4 - 95- 132 STA" OF FLORIDA ) ) SS: COUNTY OF DADE ) Before me, the undersigned authority, personally appeared AMANCIO V. SUAREZ , the President of Challenger Investments, Inc., who- acknowledged on this 2nd day of March 1988, that he had the authority to execute the foregoing instrument for the purposes expressed therein. NOTARY PUBLIC State of Florida At Large My Commission Expires% NOTARY MNP. LTAT! OF RLORIDK& MT CONNIS51ON L mpm SLIT. 27. 1991. f8wou T"WU mwT -MUG YNO{tMRM'iM. STATE OF FLORIDA ) SSa COUNTY OF DADE ) Before me, the undersigned authority, .rersonally appeared JORGE RODRIGUEZ and acknowledged on this 2nd day of March , 1968, that he executed the foregoing instrument for the purposes expressed therein. NOTARY PUBLIC State of Florida At Large My Commission Ezpires: NOTARY PUBLIC. LTATL OR PL0RM& NY C0NNISMON E MIILLs SVr. 27, 1" NMfi TMgy Mum pumum •1 s - 95- 13� STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAMI ) I, MATTY HIRAI, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 through 5, inclusive, 'constitute a true and correct copy of Declaration of Restrictive Covenants by and between the City of Miami and Challenger Investments, Inc., a Florida corporation, and Jorge Rodriguez ("Owners") dated March 2, 1988. IN WITNESS WHEREOF, I hereunto set my hand and impress the Official Seal of the City of Miami, Florida this 31st day of October, 1994. MATTY HIRAI City Clerk Miami, Florida By De u Clerk (OFFICIAL SEAL) .AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared AMANCIO SUAREZ, PRESIDENT OF who being by me first duly sworn, upon oath, deposes CHALLENGER INVESTMENT, INC. and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modifica tion of a classification or regulation of toning as set out in the accompanying. petition. 3. That the pages attached hereto and We a part of this affidavit contest, the current mans, ailing addresses, phone numbers and legal descriptions for A* the real property of which he is the owner or legal representative. 4. The facts as represented in the application and documents submitted ++� in conjunction with this affidavit an. true and COrrect. I Further Affiant s4yeth not. (SEAL) (NM) AMANCIO SOAR Z, PRESIDENT i Sworn to and Subscribed before a LL j this day Of ��'T 19 .� � > o•Ar� � .itOtic F. Y== c 'S)S, ! NU �(,' i l"142 it ^.r co S W t1 : • ;� '�o. - . _ e�" Commission Eacpires ►2� l7pR LIX w.r,.,► o„Alie. State of Florida at Large 132 Iq 4. OWNER'S LIST Owner's Name AMANCIO SUAREZI PRESIDENT AND 100% OWNER OF CHALLEGER INVESTM; r """__ IN, Mailing Address 2960 Coral Way, Miami, Florida 33145, Telephone Number (305) 445-4020 Legal Description: Lofts 23 & 25, Blk. 2, Amended Plat of Miami Suburban Acres P.B. 4, Pg. 73. Owner's Name Mailing Address Telephone Number Legal Description: Owner's Now Mailing Address Telephone Number Legal Description: Any other real estate property vaned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Strut Address 2960-2980-90 3010 S.W.22nd St. 2963-2975 S.W. 22nd Terrace Street Address Legal Description Lot 7,8,10,11,12,15,16,17,18,26,27,28 & 29 Block 2, amended Plat of Miami Suburban Acres P.8.4,P-73, of the Public Records of Dade County,Fl, Legal Description 20 Street Address Legal Description 95- 132 DISCLOSURE Or OWERS140 1. regal description and strut addrest of su W w. reel property: Lots 26, 27, 28, & 29. BLk. 2, Amended Plat of Miami Suburban Acres, P.B.-4, P.-73. 2. Owner(s) of subject real property and percentage of ownership. Mote: City of Mini Ordinance no. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject satter of a presentation, request or petition to the City Comission. Accordingly, question 02 re4W res disclosure of shareftolders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses atd proportionate interest. CHALLERGER INVESTMENT, INC. - 100% Owner of Property c/o 11533 S.Dixie Highway Miami, Florida 33156-4445 Amancio V. Suarez, 100% Ownership. 3. Legal description and street address of any real property (a) oa+ed by any party listed in answer to question 02, arid (b) located within 375 feet of tM subject real property. Lots 7,8,10,11,12,15,16,17,18,23 & 25. 2960-2980-90 3010 S.W. 22nd Street 2963-2975 S.W. 22nd Terrace MO 01 Ali MW FU OlNO Amancio V. Suarez, President STATE Of FUM10A } SS: COUNTY OF WX } Am Ar✓c . o I/ • -vj° 2e g.z , being duly sworn, deposes and sen tMt he is the (Attorney for Omar) of the real property describer in ansewr to question 01. gone; that he No r d the foregoing w4vers am that the sm are tna air cooglets; and (if acting as attorney for owner) that he has authWity to ""Uts the Disclosure of OW$mhip foM On beiilkif of. tM owner. ' (SEAL) (Naia) SYM TO ANO SU1X11M Wars aie this dot of I!„lyC NOsual of. Ur" Ow "t' Gloria E. Martin ry Notary Public, state of Florida . Mr COlMISSION 0WIN31 Commission No. CC31427 22 95- 132 -.23 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM PZ 11 i i TO : Honorable Mayor and Members DATE : FILE of the City Commssion OCT SUBJECT : Sweep on SW 22 Terrace Northside from SW 27 Avenue to SW 37 Avenue FROM : Cesar H. Odi REFERENCES :Discussion Item: City Manager City Commission Meeting ENCLOSURES :of October 22, 1992 i Per the Commission's request at their meeting of September 24, 1992, attached is a report on code violations on the north side of SW 22nd Terrace, from SW 27th Avenue to 37th Avenue. 9 5 - 132C2,5 .� arm s.�ri� ..tom. �..■.. �... � .�. City Miami UNIFORM CIVIL VIOLATION NOTICE Date 1 ued; Time: Citizen Response No: 01582 i/ i8 -2 , 6% Fo to No: Rot: Code Inspector V4% eye Dept./Olvhio2: 1 � NET M /(,�/ . Na Violate: 101 Mailing address of violator. (Street city, State Zip S( Driver's License No. or other Identification: This summons you to answer the complaint t at � you committed a violation Ordinance 11000 o the City of Miami City Code Section '.F.MC. Dsa��cripvvtio.. s 3 ar a ��sse+ LfwAfion of Violation: You Shall: 1. Pay the Civil penaltyof s nor befor and correct the above violation on or before e__ or 2. You may request an administrative hearing be�fof� a heann officer to appeal fM decision of the Code Inspector on or before: /'VjPV 92 (sae Instructions on reverse side) FAILURE TO PAY CIVIL PENALTY AND CORRECT VIOLATION OR FILE A REOUEST FOR ADMINISTRATIVE HEARING BY DATES SHOWN SHALL CONSTI- TUTE A WAIVER OF YOUR RIGHT TO HEARING AND SUCH WAIVER SHALL CON- STITUTE AN ADMISSION OF VIOLATION. EACH DAY OF CONTINUED VIOLATION AFTER THE TIME PERIOD FOR CORRECTION SHALL BE DEEMED A CONTINUING VIOLATION SUBJECT TO ADDITIONAL PENALTY IN THE SAME AMOUNT WITH- OUT THE NEED FOR ISSUANCE OF ADDITIONAL CIVIL VIOLATION NOTICE. I ACKNOWLEDGE RECEIPT OF THIS CIVIL VIOLATION NOTICE IS NOT AN ADMIS- SION OF GUILT. i Violator Dais q„s Service:ln Person ❑ s Inspector ignaturo Mail Poatln Code Inspector Name rtv�z -A zkf�9 Telephone Number Dais u.essuoon: WfM - tnspteto►: traltMy - 011110111; Pink - Hearing Boards Office Card - Vloiatora Copy, r h or. 95- 132 • of Miami "�' r; UNIFORM CIVIL VIOLATION NOTICE Date i8 Time: Citizen Response No: 01581 �I' .z o Folio No: Rat: C e nspector. �e da �arrr�• DepL/Divisi n:/� NET M 10 Name of V I tors it -' Mail)at of violato .(t, City. 1 & zip) • Driver's Li ense No. or other Identificati : This summons you to answer the complaint that on D y / at you committed a violation Ordinance 11 of City of Miami &ryje:1162 City Code Section S.F.B.C. D,,pp,��cription: AGleill~"'! cs��..m W'OC. ey r ear Location of iolation: � R You Shall: 1. Pay the Civil penalty of:-•2.=0n or beforeIRMA and correct the above violation on or before ,�//f t/ i©�,2 or 2. You may request an administrative hearing bef�op a hearing to appeal the decision of the Code Inspector on or before: /)/`�( 3 .. (see instructions on rev r_sse side) FAILURE TO PAY CIVIL PENALTY AND CORRECT VIOLATION OR FILE A REQUEST FOR ADMINISTRATIVE HEARING BY DATES SHOWN SHALL CONSTI- TUTE A WAIVER OF YOUR RIGHT TO HEARING AND SUCH WAIVER SHALL CON- STITUTE AN ADMISSION OF VIOLATION. EACH DAY OF CONTINUED VIOLATION AFTER THE TIME PERIOD FOR CORRECTION SHALL BE DEEMED A CONTINUING VIOLATION SUBJECT TO ADDITIONAL PENALTY IN THE SAME AMOUNT WITH- OUT THE NEED FOR ISSUANCE OF ADDITIONAL CIVIL VIOLATION NOTICE. ACKNOWLEDGE RECEIPT OF THIS CIVIL VIOLATION NOTICE IS NOT AN ADMIS- SION OF GUILT. i Violator Data Servico:ln Person ❑ Inspector Signattture��n Mello /code yu�7 Posting ❑ Code Inspector Name &'C7 — Ci :Z" / I /Q Telephone N mu�bsr Day Uwetrleuvew wrltM • Inspeclor, C rAn • Of11Ce; Ph* - Hearing Boards OMw Card - Violators Copy. �.I.t#YET of �-ztm- t SERGIO RODRIGUEZ. AICP Director Name: GALIANI CORP. Address: 3400 CORAL WAY City, State, Zip: MIAMI, FL 33145 RE: 3400 SW 22 ST Dear Sirs: -, it I it NOTICE OF VIOLATION Potential Property Lien CESAR H. ODIO Citv "Olanager Date 11/23/92 Folio: 0141160091810 INSPt: 10 CRf : You are notified that an inspection of the above property discloses that you are in violation of: 10817, as amended; Art. 2, Section 200: Art. 24, Sec 2401; Art. 4 Sec. 401, Schedule of District Regulations., u. Miami City Code Chapter 22, Sec. 22 - Failure to maintain lot in a safe, clean condition not allowing accumulation of debris, trash or a dense growth of grass. You are directed to correct said violation within 10• days of receipt of this notice and to notify the Inspector that the violation has been corrected. FAILURE TO CORRECT VIOLATION WILL RESULT IN THE ISSUANCE OF A TICKET WHICH CAN PROVIDE A MONETARY PENALTY FROM $50 UP TO $500 PER DAY AND ADDITIONAL PENALTIES OF UP TO $50 TO f500 PER DAY FOR EACH DAY A VIOLATION REMAINS UNCORRECTED BEYOND THE TIME PERIOD PROVIDED. Unpaid penalties under tickets issued will become liens against the property and will be recorded in the public records of Oade County. LIENS WHICH REMAIN UNPAID FOR (9) THREE MONTHS MAY BE FORECLOSED IN COURT. If you have any questions please contact the inspector. $57-0758 City of Miami Code Enforcement Inspector .rC:�ir iP/ '^• ��+�* � �v�la Navarro y5- 132 COD�FF$CEIENj BQAORI�YFnI�t IDA NSUOpFyI`AEIONMMNS?OAPPAR THE CITY OF MIAMI vs. CHALLENGER imtr1rs CORP. CHALLENGER INVESTMENTS CORP. C/O HENRY A SNYDER 9200 S DADELAND BLVD. #SW 11533 S DIXIE MY NxAMI. FL 33156 N1ANI, FL 33156 MWERM 2963 SW 22 TERR LEGAL: AM NIAN1 SUBURBAN AC (4-73) LOT 27 LESS SIOFT TO CITY ILK I CASE NO: 92-1738 DATE= 10/28/92 FOLIO: 01411GOM370 ZONING: C-1 You are hereby notified that an inspection of the above property. -discloses, that you are in violation of: Ord. 11000, as amended; Art. 2, Sec. 200; Art. 24, See. 2401; Art. 4, Sec. 401, Schedule of District Regulations. Art. 9, Sec. 917.3 - Removal of required landscape or failure to maintain required landscaping. You are directed to correct said violation within 14 days of receipt of this notice and to notify the Inspector that the violation has been corrected. Failure to do so will 'Mult in charges being filed against you with the Code Enforcement Board of the City of Nismi. if the violations) is(are) not corrected, with the approval of the Inspectors within the specified tin period, you are hereby coianded to appear before the Code Enforcement Board, for a hearing on December 9, 1992 , at 1:30 p.m. in the .Comaission Chambers'r City Nall, 3500 Pan American Drive, Miami, Florida. if you cannot comrwunicate in English, you are responsible for bringing a translator to the Code Enforcement bard Hearing. t THIS IS YOUR NDTICt TO APPEAR AT THAT TIME AN PLACE'. FAILURE TO AMU HILL RESULT IA THIS NATTER BEING HEARD IN YOUR ABSENCE. IF YOU ARE FOUND GUILTY AND TOG FAIL TO COMM SAID VIOLATION, THE CODE ENFORCE - RENT BOARD CAN INPOSE FINES AGAINST YOU OF UP TO 5260 PER DAY, OR SS00 PER OAT FOR A SAT VIAIA1;1Qp;� j if you have any questions, City of NiMi cede F„#,,"&&An+ a^..A a. 3� CODCITYFO�CEMIAMI,DFLORIDA NOTICE FTOIAPPEARN THE CITY OF MIAMI CASE NO: 92-1740 VS. DATE: 10/28/92 GALANVEST PROPERTIES INC. 2SO CATALONIA AVE #705 CORAL GABLES, FL 33134 FOLIOs 014116MI130 PROPERTY: 3232 SW 22 ST ZONING: C-1 LEGAL: AMMO PLAT OF MIAMI SUBURBAN ACRES LOT 4 LESS N33.7FT i1 LOT S LESS N25FT & LOT 6 LESS N35FT OU 4 You are hereby notified that an inspection of the above property discloses that you are in violation of: Ord. 11000, as amended; Art. 2, Sec. 200; Art. 24, Sec. 2401; Art. 4, Sec. 401, Schedule of District Regulations. Art. 9, Sec. 217.12 - outside storage of miscellaneous oaterials, wpipoent, and/or debris. You are directed to correct said violation within 14 days of receipt of this notice and to notify the Inspector that the violation has been corrected. Failure to do so will ,result in charges being filed against you with the Code Enforcement Bard of the City of Miami. If the violation(s) is(are) not corrected, with the approval of the inspector, within the specified time period, you are hereby commnded to appear before the Code Enforcement' Board, for a hearing on December 9, 1992 , At 1:30 p.m. in the. Comoission Chambers, City Nall, 3S00 Pan American Drive, Miami, Florida. If you cannot communicate in English, you are responsible for bringing a translator to the Code Enforcement Board Nearing. THIS IS YOUR NOTICE TO APPEAR AT THAT TIME AND PLACE. FAILURE TO APPEAR VILL RESULT IN THIS MATTER BEING MEAN IN YOUR ABSENCE. IF YOU ARE FOUND GUILTY AND YOU FAIL TO CORRECT SAiD VIOLATION, THE CODE ENFORCE- MENT BOARD CAN IMPOSE FINES AGAINST YOU OF UP TO $250 PER DAY, OR $500 PER OAT FOR A REPEAT VIOLATION. If you have any questions, City of "I Code Enforce"t Board 9 5 _ 132 0.1, tot of t�i�1'tt iERG10 ROORIGLEZ, AICP = CESAR H OD10 Director cov `lami4e, NOTICE OF VIOLATION Potential Property Lien ' Date 09/21/92 Name: CHALLENGER INVESTMENTS INC. C/O HENRY A SNYDER Folio: 0141160090370 Address: 9200 S DAOELAND BLVD. N 520 INSP/: 10 City, State, Zip: MIAMI, FL 33156 CRI RE: 2963 `.4 22 TERR Dear Sirs: You are notified that an inspection of the above property discloses that you are in violation of: Ord. 11000, as umded; Art. 2, Sec. 200; Art. 24, Sec. 2401; Art. 4, Sec. 401, Schedule of District Regulations. p, Art. ¢, Sec. 612 - Failure to provide six-foot high C.B.S. wall. 0 0 You are directed to corroet said violation within 10 days of receipt of this notice and to notify the Inspector that the violation has been corrected. FAILURE TO CORRECT VIOLATION PILL RESULT IN THE ISSUANCE OF A TICKET WHICH CAN PROVIDE A MONETARY PENALTY FROM $60 UP TO $500 PER DAY AND ADDITIONAL PENALTIES OF UP TO $50 TO $500 PER DAY FOR EACH DAY A VIOLATION REMAINS UNCORRECTED IEYOND THE TIME PERIOD PROVIDED6 Unpaid penalties under tickets issued will becom lions against the property and Kilt be recorded in the public records of Dade County. LIENS WHICH REMAIN UNPAID FOR (3) THREE MONTHS MAY It FORECLOSED IN COURT. 9 5 _ 132 If.you have any questions please contact the inspector. City of Mimi Code Enforcmnt Inspector MCI Ale. 40 / �nuL jj" t . :3:30 EMT 11MOT1%r r �11 ' a r C- REAL PROPERTY RECORD Crry OF • • 7-77,771111111111111r,77- rr�i rr.rrr� ©�arrrr�rrrro�.rrcrrr.rrrrrc ■r�rrrrrrM ❑■©rrsrmmom morro■©rrrmrrrrirrrrr.mom mrrrol NONE mom go 01 ocrrrcrr�roe��rrrr�rrrr�■r=�c�r��o�r��roc� iiiiiiiiiiiiiii wl ©cr■©r��rrrMrrcrrnaa ■nrrnncrrrc���.�rri oar�arr�rr�rr.■■■r�r�■.rrrr��ar�����e�rr�� orr�rrr�rr��rr■��rrrrr��r��rrr�r�©` Mrrrrr■�r.■rrr.r�■�r.rr� � M�®rrr®.rm©rr. ■rr�r■�rrrr�ra�m�s-rr� . ■rrr.�r��r..�.rrrrr�r�rrr� _ . �r�trrrr.�ra����■r��rr��■�zr� � ■r��rir ��i■rrrrrr�.�r■i. - ■ rrrr err ii.�r� r rrr r rr■� r.� �rrr.� it �rrr err �r r�■r rr rrrrr r■�■.r •� --- III r W t,ae Prrr i-TI�� t a f� t� •� y 70 • e �A} �� ..W/'tL• Fes.qowj; wil 3 NSW WIND • t#*4= W • 1J�Jr.I G®AtG Tol46,_ / _ w� �1��� . Mew '� • d ♦ e • • • - .•c IF •jI ' r3 i�► �-.-- ir uIs FLUME r 0 v lqfcmvj 011I -If 03 0 Du so. �. Cumi' Sax@1! � ��O-Lo _. NEw G. e.► e . �,.� p � e��po� R/�Q �. -y ice'-{ 7Q . 3 N�„yl I N A .t a W, • . GD to � � T �� • f1,1�IJ �,�. . • ff.�h�N{�1t •-�-- 1 � a• � a�� a s v o A ' 4fl+- =L—L lop, 10 B T IIT C • fit asa ° • e !1Nl8N TRIM ATTIC PLUMS �•"'� +r FjLtibTG• UONGRMG'tiG e0 c �La•� Fvl I umx �! p� .rl G' � � ��'-' •� i fie t I- �► it(DOW)_�• 1 •. L �• O , . R R a i �M = s a a 0 ai A J v• 3 / New e ! (�•.B�• 'D�'tll4'c'f't�6�' B !t ✓ tool Lt� a:.J • • e • • . • O• e A 1t .'r�' 0O 1 ° ° • %�O�W GIF1G. • • • • • e . • {{f,1J�tiGC4Pi�U Q �,�.M Pe�.n vJ 1 T �$ t :12 5cv Qt� �►-N O '3Zy IK-+ -- - • --- "- G Pc, Poste Jb, 92R360717 1992 SE? :3 4, 56fi t4� 16 DECLARATZON OF RESTRICTIVE COV=A1ITS This Declaration of Restrictive Covenants (the "Declaration") made this 267 day of 992, by Raul and Luis Galindo (the "Owners"),' in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). JET Tull 2 slug s , the Owners hold Too -simple title to certain property in the City of Miami, Florida,- located at 2947�49 S.W*.-22nd Terrace, Miami, Dade County, Florida, and legally described as Lot 30, less the South sloven (11) feet thereof, in Block ;1, of AMDED PLAT OF MIAMS SUSURBAK ACRO, according to the Plat thereof, as recorded in Plat ftak 4, at Page 73 of the Public Records of Dade County, Florida (the "Property)= and NRt US, the Owners are presently applicants before the City • of Miami, City Commission for a change at =oning classification in the official Zoning Atlas of the City of Miami, from Duplex Residential to Restricted Commercial for the above -described . Property, (the "Change of zoning Classificationw)= and NlLER3is, the Owners are desirous of making a binding commitment to assure that the Property shall be developed in aoeordanae with the provisions of this Dociarationt Me IMOUC!M, the owners voluntarily covenant and agree that the Property shall be subjei=t to the following restrictions that are intended and shall be deemed to be covebants running with the land binding upon the Owners of the Property, and their successors> and assigns as folloves ftsPszVd t as Vicky isiva! Rsq. Ferrell, Cardenas, Peortel i Moral" 1920 Mimi Center Zoe south BisoaIM Boulevard `_d vm" 9 5 — 132 4.•/ " � 156M. T -A, The recitals and findings sat forth in the preamble to this Declaration are hereby adopted by reference thereto and incorporated herein as if fully not forth in this Section. B. yandscage Buffer an Wall. Prior UP the issuance of any building permits on the Property, owners shall obtain approval of a landscape plan (the "Landscape Plan") from the City of Miami Planning, Building and Zoning Department which Landscape Plan shall reflect a twenty (20) foot wide landscaped buffer (the "Buffer") along the entire southern boundary of the Property adjacent to and along S.W. 22nd Terrace. The suffer shall contain landscaping (the "Landscaping") inclined towards an eight foot high masonry wall (the "Wall") which Owners shall construct at the northern boundary of the suffer, as well as on the property line at the eastern and western boundaries of the property. The; Landscaping phall be ' installed in conformity with the Landscape Plan. The Owners, their heirs or &*signs, shall be responsible for the permanent maintenance of the Landscaping. Maintenance shall include, but not be limited to, removal of any grafitti from the Wall and care for all Landscaping within the suffer. The Owners further agree that, if it becomes necessary for the city, at the City's discretion, to maintain said Wall and Landscaping due to the Owners' failure to do so, any reasonable maintenance costs, for an amount not to eatceed Pive Ummand Dollars ($S,o00.00) per year, shall be paid by the Owners. The constriction of the Wail and the installation of the Landscaping shall be completed within ninety (90) days from the final approval of the Ck ange of Zoning Classification. C.yanieulat 1►esas■ t i gee* we vehicular access for ingress or egress shall be permitted to or from the property, to or from X.W. 22nd Terrace. D. erhwse se*s. Prior to the issuance of any building permits on the Property, the Owners shall post a live Thousand ($5000.00) Dollars Performance bond (the "fond"), in a form acceptable to the City Attorney of the city of miani, for a period Of five (S) years from the date of this instruments recordation 95� 13� Mc l �fib.tf OT 1 � the Public Records of Dade County, which Bond shall be forfeited to the City of Miami if any of the conditions herein contained are breached by the Owner during said 5-year period of time. E. rfteetiva Date. If the City Commission of the City of Miami approves the Owners' pending Change of Zoning Classification, and after said approval has become final and non - appealable, this instrument shall constitute a covenant running with the title to the Property and be binding upon the owners, their successors and assigns. Thess-restrictions shall be for the benefit of and limitation upon all present and future owners of the .Property and for the public welfare. F. Amandaant and Mediticatien. This instrument may be modified, amended or released as to any portion of the property by a written instrument executed by the then owners of the fee simple title to the land to be affected by such modification, amendment or release providing.that'sams has been approved by the City of Miami Commission after public hearing, which public hearing shall be applied for and at the expense of the owners. should this instrument be 'so modified, amended or released, the Director of the City's planning, Building and Zoning Department or his successor, shall execute a written instrument in recordable form offectuatinq and acknowledging such modification, amendment or release. O. R'aa� eg cawn�nt. This voluntary covenant on the part of the Owners shall remain in full force and effect and shall be minding upon the Owners, their successors 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 successive periods of ten (10) years thereafter unless modified, amended or release prior to the expiration thereof. X. it is u�idatstoo 4 and agreed that any official inspector of the city of Miami may have the right 36 at any time during normal working hours of entering and investigating the use of the property to determine whether the conditions of this Declaration and the requirements of the City's 95- 132 REC: 1566, JT; 9 ldinq and zoning regulations are being complied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the Property 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. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorneys tees. This enforcement provision shall be in addition to any other remedies available under the law. Z. S�verability. 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. J. Rag. This Declaration shall be filed of record among the Public Records of Dads County, tlorida, at the cost of the owners. ZN IfZ'PA= Nl EMY, the undersigned have set their hands and seals this day of S;e 'AOO 'IV witnessess STATI Op PW2xDA ) Sal COUM a? DADS i Before me, the undersigned ai GAL am, who acknowledged on this 19S"., that he exeauted the for4 expressed therein. My Commission 3xpirees M!;�7 f'!�l6C 9�Al1i � (ioAO� of RAUL C%%, O s 0 : - s'� •'�i'�r "'••' •4r 95-- 132 aitassr.•: I STaTz or rLoRiDA ss: cocttrrsr or DJWZ Datora ss, the w%darsign*d auth ity, paraonal y ag urad LUIS Gl►L ,+rho aekrto�rladgad on this �� +4 ha *X*Mtad the tOrago trusaa or tday at pa s i u + lg �.►, that wMraasad tharoio. •��t«p �� �.. :,� • , .° ,Ls •N. •• 'p^MCFAM Ity Camission upir": {•jl; ,-t - . • •• •+i .MI•`SO4MIMO WJAw. Y•im A A got of Oita �O 95- 132 =WV-i Wh:35-IR394392 - %: 13875Nnb NW17TCnTia a� n•r�►Ru�ia"�' RIClIy cogca�, � �, This Modification of Declaration of Restrictive Covenants is made this day of , 1934, by Cballerger investments, Inc., a Florida corporation, and Jorge Rodrigues (•Owners•), in • favor of the City of Miami, Florida, a municipality of the State of Florida. • 12 ■ • 8 1 • T as WIMU", the ..Owners hold Fee -simple title to certain prop- erty in the City of Miami, Florida (•the City•), consisting of Lots 25 through 29, Block 2, HUM S=V3W M aCR$S LimlTBD, as per the plat thereof recorded in plat Book Ne Page 73 .in the Public Records of Dade County, Plorids (the 'property")l and WaR=AS, a Declaration of Restrictive Covenants (hereinafter referred to as the •Declamation'), in favor of the City of Miami was recorded in the Public Records of Dade County in Official Record Book at Pages __ which placed certain restrictions and conditions on the use of the Property! WRZPZM , a public hearing was held before the City Cauission of the City of Miami on June 23, 19119, at which hearing the modification of Paragraph •B• of the Declaration was approved by Ordinance moo so. as followas law$ B M Price to the ssuance Oc a oullding permit on the Pr rty, Owners shall obtain approval of a landscape plan from the City of Miami Planning Department which plan shall reflect a landscape buffer with a width of twenty (30) feet along the entire south property line of the Property along 'S.We 22nd Terrace. This buffet will contain land- scaping inclined towards a sit foot high masonry wall which Owners shall conottuct at the northern boundary of the two9ty foot landscaping buffer. The landscaping of the Property Shall be installed in conformity with said landscape plant and the owners shall also be responsible for the permanent Prepared bye nails re wait@=# ssaay�. Oreenberg, Traosige •offmu Lipott, Beeem • poeat.lo P.�►. 9 5 — 13 2 EC. { 38T. 5N3W9 • maintenance of the landscaping on the Prop- erty. Owners agree to complete construction of the masonry wall within ninety days from the date of final zoning approval. TO: L ndsca a Buffer and Nall. Prior to the issuance cc a builaing permit on the Property, Owners shall obtain approval of a landscape plan from the City of Miami Planning Department which plan shall reflect a landscape buffer with a width of twenty (20) foot along the entire south property line of the Property along S.N. 22nd Terrace. This buffer will contain land- scaping inclined towards a six foot high masonry wall which Owners shall construct at the' northern boundary of the twenty foot landscaping buffer. The landscaping of the Propperty shall be installed in conformity Witt said landscape plant and the Owners shall. also be responsible foe the permanent maintenance of the landscaping on the Prop - arty. This wall will be constructed at the time of development of the Property in accoedance•with Paragraph 0 heroin.'. NntVds, Paragraph 1010 of the Declaration states in relevant part that the Declaration say be modified* amended or released by a written instrument siMcuted'by the than owner of the foe simple title to the land to be affected by such modification, amendment or release providing that the same has been approved by the City of Miami Commission, and ttats should this Declaration be so modified, amended or released, the Director of the Planning Department or his successor shall execute a written instrument in recordable fors effectuating and acknowledging such modification, amendment or release. NX, TDlP"CPi, Paragrapb 'D• of the Declaration is hereby modified and such modification shall be doomed to be a covenant running with the land and binding upon the owners, their successors, heirs and assigns as follows Paragraph 050 of the Declaration shall hereby read: Suffer • Ps ios ' to the is suance o a a ng permit on the Property, Owners shall obtain approval of a landscape plan egos the City of Miami Planning Department which plan shall reflect a landscape buffos with a width of twenty Ll (20) foot along the entire south property line of 'the Property along l.N. 22nd Terrace. This buffer will contain land- scaping inclined towards a six foot high masonry wall which Owners shall construct at the northern boundary of the twenty foot landscaping buffer. The landscaping of the Property shall be installed in coQformity with said landscape plant and the, Owners shall also be responsible for the permanent maintenance of the landscaping on the Prop- ; arty. This wall will be constructed at the time of development of the Property in accordance with Paragraph G herein. Except as herein amended, all provisions of the Declaration shall remain in full force and affect - IN wiTNZSS W1MRE0l, the undersigned have set their hands and seals this je day of AOG�, IM- witnesses $ IEVESTNZNWS, INC., a llorida corporation Sys (SEAL) ' sTATE O! noam ) ) s!s COUNT% OF DADE ) Before we the undersigned authority, personally appeared eMAHM SUM , the MANAGM 09 Challenger investments, Inc., who acknowledged on this .Jj- day of - AMs_, 1988, that he dad the authority to execute the foregoing instrument for the purposes expressed therein. NO'i'11d? PQSLICi State of llorida At_,:Larle My Commission Expiress ' Pdk so r Mr aftV 4�■sii, 4iw In64 q3 95— 132 OFF. REC� 13875C301 sTATa OF nORIDA i Ssa COUIM OF DADR Before se, the undersigned authority,, personally appeared JORGE RODRIGUEZ and &cknowledged on this 26 day of Auqust , 1988# that" he executed the foregoing instruslent fog, the pyrposes expressed therein. r rla4.i1� 1I; 1"4 WMART PUn �• State of ploeida•A �zArge My Comission Expires • Moans a WMAL noo" W a o n cwjm. Roar:a Now rags" RICE P. bltn=% wo w" pot, 95- 132 1 ' e D/CliW1?I01 � �C. � � dDVl�►s1!'S This Declaration of Restrictive Covenants by Challenger Investments, 2nc., a Florida corporation, and Jorge Rodrigues Mwners•1, in favor of the City of Miami, Florida, a municipality of the state of Florida.. ` QI'! 1 MS'S 1R?is;i' WUR3'S, the owners hold 100-simple title to Certain prop- .. arty in the City of Miami* Florida (•the t''itrit consisting of Lots 26 through 29, Block 2, MIM BfJfOSBAM ACRZf L1MiTBD, as per the plat thereof recorded .in Plat" Book page 73 in the Public Records of Dade County,IFlosidqtitle 'lroperty')t and w!lSNW , the Owners are piesentiy applicants before the City of Miami City Cooission for C'ehange at�soning classification in N the Official 2onin9 Atlas of the City of 'Miamlo from WI/3 (Gen- eral Residential) to C!-2/7':*(CommercialN Residential) for, the above -described property• less'-thi aoat0'l.'foot• thereolt and WURRAS, the Owners are disirous of!'"kinj.a binding commit- . sent to assure that the Proper 1, shall bei veloped in accordance with the provisions of thii. lasatioar r, NOW, TURSFORS, the Owni� 'reluntac IT covenant and agree that the Property shall be'ato tb"et lolloring restrictions that are intended and shall.: '''tp be.covenants running with the land binding upon. to O iisr of`'t!a IiopertT, and heir successors and assigns as loll .. s? a. DuilBina eeiab! .- The height of buildings located within fifty (30) f iof"the 'soath property line of the Property along S.N. 221ad Utcoas shall not. esoeea two (2) stories or thirty -live (33) feet. '. My Prior to the issuance -of a Laadssane Snflee and ail. building pes'it on the property',-Ownerq sball obtain approval of Gsesmbes , :•yeasuei', Ask"# r Polfsise Lipof;'�0osam o petal: P.A. r 1801. Sildtell hvemme Rini,• 71ocids 33131 (-� a landscape plan from the Cit 9, Hiami1 'Plaaniii:Department which Flan shall reflect a landscape' buffer with a width of twenty (20) feet alonq the entire south property line of -the Property along S.W. 22nd Terrace. This buffer will contain landscaping inclined towards a six foot high masonry wall which owners shall construct at the northern boundary of the tweg..-loot landscaping butler. The landscaping of the Property shall be installed in conformity with maid landscape plant and the owners shall also be respon- sible fog the permanent maintenance at the landscaping on the Property. Owners agree to completewastyygn of the masonry wall within ninety days from the date of final zoning approval. C. vehicular Aoet_ UnJIation. lb vehicular access for _ ingsess.or egress shall be permitted across the south pcopeaty line of the property along soi.'�22ad Tesrice. 0. SitZ fan. owner agrees to•develop the Property sub- stantially in accordance with-I'tbe site plaq. entitled •Radio Mamba Property* dated 1/4/81 r revl'dW 03/99 and •prepared by Chisholm Santos and baisundes. " So pa, ram. Owner agrees. that:, pisking. •provided for any development as the Property shall g be a• simians o! U01 oP that required by the City of Miami; Soe eg •Code !. Child Case Coetributies. Owner agrees to contribute the s® of .!30000.00 to the Pms.k I*gove, vmt Tract Fund for Child Case Facilities price to isstoasce o! a 'aestifioate of occupancy for any building to be constrooted an the property. 0. Vices=o! 22"mept.'',Owners agree to begin development an the Property bysecusing.a building permit within Oft Yeas frn the date of final- t Boning approval. Is the . event that a permit is not secured �.vitbia that tin,• the City Commis - alas sag reconsider the grant ofswing, approval.- t. Elfeetive Rate. It the Cltt Commission of the City approves the Owners' peeing application foe an amendment to the City of Miami Zoning Atlas# and attes.said approval has become final and non -appealable, this instrument shall constitute a r 95- 132 upon the Owners, their succei ors and assigns. These rastric- tions shall be for the benefit and liaitatioa upon all present and future owners ,of the Property and for the public welfare. i. Amendment and Modification. This instrument may be modified, amended or released as to .mr-portion of the Property by a written instrument executed by the then owner of the fee - simple title to the land to be effected by such modification, amendment at release providing that same has been approved by the -City of giami•E'ommissioa* should this Lnstsumaat be so modified, amended or released, the Director of the Planning Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification# amendment or release. J. Ten of Covenant.. This voluntary covenant an the part of the owners shall remain in,tall.force and effect and shall be binding upon the Ownesa, tbeii swcessose and assigns foe an initial period of thirty (30).yeace.lr®`.the date of this Lastru- sent is recorded in the publio.'e.eoords and•.shall be automatically •r. extended foe successive perioda:;.of ten thereafter . . . . unless modified, amended or is leased 'price to the expiration tbeseol. , .��,�� • . !. Presammtioa o! Cb�iaace. " pbass ; construction has occurred on the Property or .any-I•portic6'`tbereel, pursuant to a lawful permit Leaned by the City' o! feigns; ad, inspections made and approval of ooenpanet •. 9 ea'. by the:, ;;City,' : ebo same shall create a presumption that tbsi ildi'age -os ststiotiures thus can- strneted comply with the iatealMd spisiti�of tOis''Deelacatioa of Restrictive Covenants and said,' y�iasali s�shali.-• not be construed • �:..,•,.,,h.w ANt which said ae a clone on title to ant g said 4 property upon :a - �•h. �,� .��i 1. �". . development has occurred L. insvign and !nlos ectmost.,,' Yt io' understood and agreed that any Official inip*atWi of Itbe ,City of Miami say have the privilege at any time dnsinormal' worki hours, to detsr- r!.;.►. 15- 132 plied with. An enforceasnVaetion maybe brodght by the City or by any property owner within 373 feet of the property 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 at to recover daefafes. The prevailing party in the action or snit shall be entitled to recover costs and reasonable attorneys fees. '.:This snforaement provision shall be in addition to any other remedies available under the law. M. Ney9rabilitY. Invalidation of.as<3r..4ne of these cove- nants by judgment of Court. shall not affect any of the other provisions of this Deolaratioa, wbick.sball reviala in full force and effect. provided, Aaweris, that such invalidation may be grounds for the City to amend thi zoning'and/os land -use c"ula- Lions applicable to the property. U. imc tans This Deolaratiow shalt be filed of record among the public Records of Dade Comty,,tlorida, at the cost of the Owners. It WIT S2 MMUSQt, the 6ndm'ssigned -have 'set their beads and seals this day of Zell isle. Nitnessest a�f i��.=11pifS'10, I]AC. • a •� r144 oc cation :. 9 � 132 STAn or n=DA -T-I , • + � wr Before me, the undersigned anthoritYo personally appeared AMANCIO V. SUARLZ , the President of'Challenger Investments, Inc.. who acknowledged on this 2nd dap` of 'March , 1990, that he had the authority to execute 49ONregoLiq instrument for the purposes expressed thersia.' ''• state.0&4morida At Large My Comission axpiresi rowne� gym. inns a Ramerr .� ..• . rin cesposoa arAg& ax sl + M AL ,t• ass • -�ri., • •• . :,•. ;: ' COUM or am Before me the tindersi�ed;;suthoritY;;;�persoaaliY appeared JoMf ]bD=== and acknowled'9 , oo this 2nd' day. of March , 1918, that he executed the fosegoial inslrusest for the purposes expressed therein. , %. • ti state o! IPU*L a At Large my Camissios sxpiress 4~ cams M finees, -,► �r� Hsu �ww� /aR. i!• . +!•:. ' r • M •TI • '•l dr, Before me, the undersigned anthoritYo personally appeared AMANCIO V. SUARLZ , the President of'Challenger Investments, Inc.. who acknowledged on this 2nd dap` of 'March , 1990, that he had the authority to execute 49ONregoLiq instrument for the purposes expressed thersia.' ''• state.0&4morida At Large My Comission axpiresi rowne� gym. inns a Ramerr .� ..• . rin cesposoa arAg& ax sl + M AL ,t• ass • -�ri., • •• . :,•. ;: ' COUM or am Before me the tindersi�ed;;suthoritY;;;�persoaaliY appeared JoMf ]bD=== and acknowled'9 , oo this 2nd' day. of March , 1918, that he executed the fosegoial inslrusest for the purposes expressed therein. , %. • ti state o! IPU*L a At Large my Camissios sxpiress 4~ cams M finees, -,► �r� Hsu �ww� /aR. i!• . +!•:. ' r • M •TI • '•l dr, � M 1'r•�i • • r�.� s •',1 1 ,I r J-88-387�;y . . b/2/88 :►, RESOLUTION NO.. A RESOLUTION APPROVING A' MODIFICATION OF TOR DECLARATION OF RESTRICTIVE COVENANT! RUNNING WITH THE LAND (HEREINAFTER 'COVENANT") DATED MARCH 2, 1988 FOR THE PROPNWr OWNED BY CHALLENGER INVESTMENTS, INC. AND JORGE RODRIGUES AND LOCATED AT APPROXIMATELY 2931- 3999: SOUTHWEST 22ND ' TERRACE, (MORE PARTICULARLY DESCRIBBO HBRBIN) TO DELETE THE REQUIREMENT THAT THE ABOVE -DESCRIBED MASONRY WALL BB COMPLETED WITHIN NINETY (90) DAYS OF TAB OATE,OF FINAL ZONING APPROVAL IN ORDER TO ALLOW T8B PROPERTY ,'OWNBRS TO-PO!!MNB CONSTRUCTION OF THB %MALL ON THE SOUTH PROPERTY Lima Or THE. PROPERTY UNTIL COMMBNCEMBNT OF CONSTRUCTION Of A NEW OFFICE BUILDING, SUBJECT TO RBCBIPT BY CITY Of AN EXECUTED RECORDABLE- MODIFICATION 01 COVENANT IN A FORM ACCEPTABLB TO•:THB CITY ATTORNEY. WHEREAS, on January 26, 1981 Ordinance No. 10374 which' q classification for the property• 2999 southwest 22nd Terrace, Nis described as Lots 26-29 inclua thereof, Black 2, MIAMI ,SUBURBAN Plat Boole 8 at Pape 73, Publia R from RO-1/3 General Residentiai' ,y.1, ccmmeralal Residential (Co mmantty WNRA die on January.28, 1ls� City:, Commission- adopted ,anted• a change of. soning Rwaeed at �approsimately 2951- ii'e;,llosidao more particularly vex' one the .south one toot •R�i AMENDED• as recorded in Edo of -Dade County• Florida. 4. d i+' and. T+b Family) to CA-2/7 tCit a, ommiasion accepted a Opciacatioe of Restrictive Coven herel'na> tee the •Covenant•) • dated Naraft 20 1988, a copy o left is!,.:s attached —hereto as fir, • ,5 •' :•; ,' j �#;+} . Exhibit 1, pursuant to which the. ire, Cb,aliiipis Tnwestments, Ina. and Jorge Rodrigues, covenanted; in Seatioa`•1 thereof, to. provide a elm toot high usonry wall along the northern boundary of a 20 toot wide landscaping buffer to bi installed along the entire south property line of tkia property along ,southwest 22 Terrace. The Ownsen 'turther covenanted to complete construction Of the masonry wall within ninety (90) dayq from•the date of .,.; :9 S . 5a final zoning aporoval, in accordance",with a;.landscape clan to be approved by City of Miami Plaaning•Depacts onto I and*.• WHERxAS, the Covenant further provides that it may be modified, amended or released .by a written instrument alter approval at a public hearing before the CityCommi'ssions and WHEREAS, the property owners, have requested that the Covenant be amended to delete the reouirement that the above- %, , described masonry well be completed within ninety (90) days of the date of final,.soning approval''in•Order to allow the property owners to postpone construction of the Mall on the south property line at. the property until commencement of construction of a new office building; and WHRRSAS, the City Commission. has determined that it Is in the best interests of the generil welfare of the City.ot Miami and its inhabitants to allow ehe above-desesibed amendment: NON, TBIRSFORS. eft IT RSSOLVID sY Tom COMMISSION OF see CITY Or MIAMI, rLORIDAt Section 1. A sodificati'n of Paragraph •b° of the Declaration of Restrictive Covena'ts dated Match 2, 1988 to read as follower "" f •..� Prior to the' issuance of a M Pe t on.. t troperty, Owners shall obtain approval of a landscape plan Jim the City of Mismi Planning Department "which, plan shall reflect a landscape buffer with a width%o!'twenty (20) feet along the mntism south property, lime 'of the Property along Southwest 22nd Terraces :.'This better• will contain laodsoeping inclined towacd4: a 'sir toot high masonry wall which Owners shall, construct at the northern bo"dary of the twenty toot• landscaping' buffis. The landscaping of the property.: shall be installed in contoss<ity with said••landecope plant and the Owners shall also be responsible tor.the permanent maintenance of the landscaping on the•Psopereys This wall will be constructed at the time of development of the Property In accordance with Paragraph •G.hotels* sub mct to receipt ' i p by City o! ati�,esecetmd recordable, instrument in a toss acceptable to the City` teornmy is hereblr approved. : '►' 95, 132 PASSED AND ADOPTED this I986. ATTESTS xxvill L. f M MATTX HIRAI, C ty Clerk PREPARED AND APPROVED BTI Assistant City Attorney APPROVED AS TO FORM ASO Gm/rel/NGG6 fie ''� ��•.�+.tali.. � :it'• 'ig•. i "�' ';•1., .�.;y;•i� •: �'�.�`�r •ter, . .,1,•.:i. . 6.4 30, r�.IG:.C'•�'• il1•1.: «•y ice.'+� ` ` � ai.. :• +�,�;� .. 'ifs � Rif •�' .{. ' #:mot • �:^k '. • y';i. • ►• 95 132 ZS 0 DECLARATION OF RESTRICTI" COV=U1TS This Declaration of Restrictive Covenants (the "Declaration") made this � day of � yf39'y, 1992, by Raul and Luis Galindo (the "owners"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WHEREAS, the.Owners hold Fee -simple title to certain property in the City of Miami, Florida, located at 2947-49 $.ff. 22nd Terrace, Miami, Dade County, Florida, and legally described es Lot 30, less the South eleven (11) lest thereof, in Block 2, of ANiHDED PLAT OF MIAMI SUBURBAN ACRES, according to the Plat thereof, - as recorded in Plat Book 4, at Page 73 of the Public Records of Dade County, Florida (the "Property")# and NHZRZAS, the Owners are presently applicants before the City of Miami City Commission for a change of zoning classification in the Official Zoning Atlas of the City of Niami, from Duplex Residential to Restricted Commercial for the above -described Property, (the "Change of Zoning Classifications); and w, the Owners are desirous of asking a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Declaration# HM Tl UMMX, the Owners voluntarily covenant and agree that the Property shall be subject to the following( restrictions that are intended and shall be deemed to de Covenants running with the land binding upon the owners of the Prop", and their snccesoors and assigns as follows: • Prepezve by$ A. 1► L1na" lag. a Ferrell, Css�denden aa, Pes'Eel i nozzles 1920 Kisi linter t)5 201 � FlOVridi � 1 asd 9 5 132 �• mow. •�r� A. The recitals and findings not forth in the preamble to this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. B. r.Andy scaoa Puffer and Nall. Prior to the issuance of any building permits on the Property, Owners shall obtain approval of a landscape plan (the "Landscape Plan") from the City of Miami Planning, Building and Zoning Department which Landscape Plan shall reflect a twenty (20) foot wide landscaped buffer (the "Buffer") along the entire southern boundary of the Property adjacent to and along S.W. 22nd Terrace. The Buffer shall contain landscaping (the "Landscaping") inclined towards an eight foot high masonry wall (the "Nall") which owners shall construct at the northern boundary of the Buffer, as well as on the property line at the eastern and western boundaries of the property. The Landscaping shall be installed in conformity with the Landscape Plan. The Owners, their heirs or assigns, shall be responsible for the permanent maintenance of the Landscaping. Maintenance shall include, but not be limited to, removal of any grsfitti from the Mall and case for all Landscaping within the suffer. The owners further agree that, if it becomes necessary for the City, at the City's discretion, to maintain said Mall and Landscaping due to the Owners* failure to do so, any reasonable -maintenance costs, for an amount not to exceed Five Thousand Dollars ($5,000.00) per yeas, shall be paid by the owners.• The construction of the Mail and the installation of the Landscaping shall be completed within ninety (90) days from the final approval of the Change of S=dng Classification. C. we vehicular access for icgresa or sgrses shall be permitted to or from the property, to or from S.N. 22nd Terrace. D•Bonds Prior to the issuance of any building permits on the Property, the Owners shall post a Five Thousand (S5,000.00) Dollars Performance Band (the "Bonds), in a torn acceptable to the City Attorney of the City of Miami, for a period of five (S) years from the date of this instrument'a recordation in 95'=- 132 the Public Records of Dade County, which Bond shall be forfeited to the City of Miami if any of the conditions herein contained are breached by the owner during said 5-year period of time. E. Effective Date. If the City Commission of the City of Miami approves the owners' pending Change of Zoning Classification, and after said approval has become final and non -appealable, this instrument shall constitute a covenant running with the title to the Property and be binding upon the owners, their successors and assigns. These restrictions shall be for the benefit of and limitation upon all present and future owners of the Property and for the public welfare. E. �edm.nt and NMif 1=Wj s. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the then owners of the fee simple title to the land to be affected by such modification, amendment or release providing that same has been approved by the City of Miami Commission after public hearing, which public hearing shall be applied for and at the expense of the Owners. Should this instrument be so modif Jed, amended or released, the Director of the City's Planning, Building and Zoning Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. O. 0 This voluntary covenant on the part of the Owns= shall remain in full force and effect and shall be binding upon the owners, their successors and assigns for an initial period of thirty (30) years from the date this instrument if recorded in the public records and shall be automatically 63Vend*d for successive periods of ten (10) years thereafter unless modified, smsnded or release prior to the expiration thereof. • ' H. Ieae=ien and mn ereMMS. Yt is tndwstood and agreed that any official inspector of the. City of Miami may have the right at any time during. normal workinq hours of entering and investigating the use of the Property to determine whether the 5r conditions of this Declaration and the requirements of the city'* 5f5' 132 building and zoning regulations are being complied with. An enforcement action may be brought by the city or by any property owner within 375 feet of the Property 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. 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. 1. g.vra6ility. Invalidation of anyone of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full fares and effect. J. BllAZdLM. This Declaration shall be filed of record among the Public Records of Dade county, Florida, at the cost of the Owners. in WITM U NBE Mr, the undersigned have set their hands and seals this day of Witnessept •���''�'� .WNW,► STATS Or TLMDA ) set MUM or DAD: ) a. Before me, the undersigned authority, 11 appeared PAUL GAL�DO, who acknowledged on this Ir day of , 19 &, that he executed the foregoing instrument for purposes expressed therein. of rlorida My commission Expires: Witnesses: ;M0 STATE OF FLORIDA ) SS: COUNTY OF DADS ) Before me, the undersigned au tl ity, person 1 appeared Luis GALINDO, who acknowledged on this day of 19qA, that he executed the foregoing instrument for thiVpurposes expressed therein. 2 t;te of tloriia My commission Expires: r • ; :.•.�� . ^,SKr i�s�,.; 4. 59 95 '132