HomeMy WebLinkAboutExhibit BPrepared by, and after recording
please return to:
Alejandro Uribe Sevilla-Sacasa, Esq.
2800 Ponce de Leon Blvd., Suite 1200
Coral Gables, Florida 33134
Please return this instrument after recording to:
Office of the City Attorney
City of Miami
444 SW 2" Avenue, Suite 945
Miami, Florida 33130
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENT that the undersigned, O'MALLEY HOLDINGS,
LLC, a Florida limited liability company, (the "Owner(s)") hereby makes, declares and imposes
on the land herein described, this Declaration of Restrictive Covenant (the "Declaration"), and
the covenants running with the title to the land contained herein, which shall be binding on the
Owner(s), all heirs, grantees, successors and assigns, personal representatives, mortgagees,
lessees, and against all persons claiming by, through or under it.
WHEREAS, Owner holds fee simple title to the real property located at 2973 SW 36th
Avenue, lying in the City of Miami, Florida, more particularly described in Exhibit "A" attached
hereto and incorporated herein (the "Property"); and
WHEREAS, the Owner has filed an application to rezone the Property from T3-O to T4-L
and a comprehensive plan amendment to redesignate the Property from Duplex Residential to
General Commercial (the "Applications"); and
WHEREAS, it is the Owner's intent to demolish the existing structure following the
approval of the Applications and its purchase of the Property; and
WHEREAS, the Owner wishes to assure the City of Miami (the "City") that
representations made by the Owner in connection with a comprehensive plan amendment and
rezoning of the Property (the "Applications") are complied with; and
NOW THEREFORE, in order to assure the City that the representations made during the
consideration of the Applications will be abided by, the Owner(s) freely, voluntarily, and without
duress makes the following Declaration and restrictions deemed to be a covenant covering and
running with the Property and binding upon the Owner(s) of the Property, and any heirs,
grantees, successors, and assigns:
1. Recitals. The above recitals to this Declaration and exhibits referenced therein are true
and correct and hereby incorporated by reference and made a part hereof.
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2. Covenants:
A. Notwithstanding the T4-L Transect Zone's permitted uses, the only stand-alone non-
residential use of the Property shall be for a surface parking lot serving the adjacent
automobile dealership. This restriction shall not preclude otherwise permitted
ground -floor commercial uses in connection with a mixed use development.
B. Any future structure(s), building(s), and/or enclosed parking garage, constructed on
the Property, other than a two-family residence, shall be set back ten (10) feet from
the Property's northern interior side property line.
C. No permit for development of the Property for use as a parking lot shall be issued
until Unsafe Structures Case No. BB2018016821 has been complied and all fees
associated with said case have been paid.
3. Covenant Running with the Land. This Declaration on the part of the Owner shall
constitute a covenant running with the land and shall be recorded, at Owner's expense, within
thirty (30) days of acceptance by the City in the public records of Miami -Dade County, Florida.
4. Effective Date. The provisions of this instrument shall become effective upon their
recordation in the Public Records of Miami -Dade County, Florida.
5. Term. This Declaration shall continue in effect for a period of thirty (30) years after the
date of such recordation, after which time such term shall be extended automatically for
successive periods of ten (10) years each, unless amended, modified or released pursuant to
Paragraph 6 herein.
6. Modification, Amendment, Release. The provisions of this instrument may be
amended, modified or released by a written instrument executed by the then owner(s) of the
Property, including, if necessary, joinders of all mortgagees provided the same is also approved
by the City Commission and signed by the Planning, Zoning, and Building Departments. Any
modification, amendment or release shall be in a form acceptable to the City Attorney.
7. Inspection and Enforcement. It is understood and agreed that any official inspector of
the City shall have the right at any time during normal business hours to enter upon the Property
for the purpose of investigating the use of the Property and determining whether the conditions
of this Declaration are being complied with. An action to enforce the terms and conditions of
this Declaration may be brought by the City and may be by action at law and/or in equity against
any party or person violating or attempting to violate any covenants of this Declaration to
restrain violations and/or to recover damages. Each party shall bear its own costs and attorneys'
fees. This enforcement provision shall be in addition to any other remedies available at law, in
equity or both. The violations may also be enforced by City Code, Chapter 2, Article X, titled
Code Enforcement.
8. Severability. Invalidation of any of these covenants by judgment of court shall not affect
any of the other provisions, which shall remain in full force and effect.
9. Remedies. All rights, remedies and privileges granted herein shall be deemed to by
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cumulative and the exercise of any one or more shall neither be deemed to constitute an election
or remedies, nor shall it preclude the party exercising the same from exercising such other
additional rights, remedies, or privileges as may be available to it.
10. Recording. This covenant shall be recorded against the Property in the Public Records
of Miami -Dade County, Florida, at Owner(s)'s expense, within thirty (30) days of acceptance by
the City. Owner(s) shall provide the City with a Certified recorded copy of the Covenant within
thirty (30) days of recordation.
11. Counterparts and Electronic Signatures. This Declaration may be executed in any
number of counterparts, each of which so executed shall be deemed to be an original, and such
counterparts shall together constitute but one and the same Declaration. The parties shall be
entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile,
PDF or other email transmission which signature shall be binding on the party whose name is
contained therein.
12. No Vested Rights. Nothing in this Declaration shall be construed to create any vested
rights whatsoever to the Owner(s), its heirs, grantees, successors, or assigns.
[Signature Pages to Follow]
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Signed, witnessed, executed and acknowledged this day of , 2023.
O'MALLEY HOLDINGS, LLC, a Florida
limited liability company
By:
Daniel O'Malley as Manager
Witnesses
Print Name:
Print Name:
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 2023, by means of [ ] physical presence, or [ ] online notarization, by
. He or she is [ ] personally known, [ ] or produced
as identification.
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Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
APPROVED:
LAKISHA HULL, AICP LEED AP B+DC
Planning Director
APPROVED AS TO FORM AND
CORRECTNESS:
VICTORIA MENDEZ
City Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 22, Block 15 of OVERBROOK PARK, according to the plat thereof recorded at Plat Book 3,
Page 206 of the Public Records of Miami -Dade County, Florida
Also known as: 2973 SW 36th Avenue, Miami, Florida
Folio: 01-4116-019-1320
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