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HomeMy WebLinkAboutExhibit C-SUBOURTHOUSE TOWER DATE MICROFILMED 'LOCATION CAMERA OPERATOR DEPUTY CLERK. CIRCUIT COURT 0 4 PUDo Tttls Instrument Flns Preparad By - CARY L. 13R0A ,N,. ATTY. BEDZOW P.Nl) I:ORN, P.A. 11077 P.O. bu, t. i •Ii:02 IAiaml. Flunrt I Yi .. _ l;}r.? °F`: 15761 n2.913 IiEC. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT DECLARATION OF RESTRICTIVE COVENANTS NOTICE PZm 22^ 14439 01 / 16/24 FVI EW CO 92RE 14 27 1 1992 DEC 29 09:30 THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declara- tion") made by MIAMI CHINESE COMMUNITY CENTER, LTD_, a Florida limited partnership (the "Owner") in favor of THE CITY OF MIAMI, FLORIDA, a municipality of the.State of rlorida (the "City"). W ITNESSET !I: WHEREAS, the Owner holds fee simple title to certain prop- erty in the City of Miami, Florida, legally described as and consisting of: Lots 2, 6, 7, 10, 11 and 12, Block 6, of MIRAMAR SUBDIVISION a/k/a THIIRD AMENDED. MAP OF MIRAMAR, according to the Plat thereof, as recorded in Plat Book -5, Page 4, of the Public Records of Dade County, Florida (the "Property"), to which it also holds fee simple title; and WHEREAS, the Owner is presently an applicant before the City of Miami Commission for certain variances from. Ordinance No. 9500, as amended, of the Zoning Ordinance of the City of Miami for the real property legally described as: All of Lots 3 and 13, Lot 4, 5, S, 9 and 14, less the West 40.00 feet thereof, and the 10.00 feet alley lying North of and adjacent to said Lot 5, and the 10.00 feet alley lying South of and adjacent to said Lot 9, Block 6, "MIRAMAR" (also known as the "THIRD AMEMDD MAP OF MIRAMAR") , according to the Plat thereof, as recorded in Plat Book 5-, at Page 4, of the Public Records of Dade County, Florida, and commonly described as 1B01-1859 Biscayne Boulevard,_ Miami, Dade County, Florida (the "Biscayne Boulevard Property"), to which it also holds fee simple title; and WHEREAS, the -Owner desires to make a binding commitment to assure that the Property and the Biscayne Boulevard Property shall be developed in accordance with the provisions of this Declaration; NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property and the Biscayne Boulevard 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 Owner, its successors and assigns, as follows: 15444 - Exhibit C-SUB. GED20W KORN KAN S GLASER. P.A.. PENTHOUSE SUITE. 11077 BISCAVNE BLVD.. P.O. BOX GI- 9002, MIAMI. FL 23161 - 9002 . .3051 G95 -2520 Q`. j h 11(_.OURTHOUSE TOWER { a lSf.i]✓t���! .DATE .MICROFILMED 'LOCATION CAMERA OPERATOR DEPUTY CLERK, CIRCUIT -COURT THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT °`�� 15761 ?Gz914 REC. 1. RECITALS. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. PARKING. The Owner shall, prior to the issuance by the appropriate City department o-f a final certificate of occupancy, for the improvements to be constructed on the Biscayne Boulevard Property, construct, on the Property or alternative location, in accordance with applicable city code provisions and regulations, in effect at such time, automobile parking for no less than eighty (80) automobiles as per plans on file with the City of Miami Dated November 1, 1990. 3. EASEMENT. The Owner shall, at the time of completion of Paragraph 2 set forth above, execute, deliver and place of record in the Public Records of Dade County, rlorida, easements of access, use and maintenance or similar type agreements, which easements or agreements shall meet the approval of the City Attorney of the City of Miami, and shall provide, inter alia, that the eighty (30) parking spaces shall be made available to provide automobile parking exclusively for the Biscayne Boulevard Property. 4. LANDSCAPE_ PLAN. The landscape plan for the Biscayne Boulevard Property shall be subject to the approval of the City's Planning, -Building and Zoning Department. 5. EFFECTIVE DATE. Upon City approval of the Owner's pending application for variances, and after said approval has become final and non -appealable, this instrument shall constitute a covenant running with the title to the Property and the Biscayne Boulevard. Property and be binding upon the Owner,- its successors and assigns. These restrictions shall be for the benefit of and limitation upon all present and future owners of the Property and the Biscayne Boulevard Property, and for the public welfare. 6. UNITY OF TITLE. The Owner shall not sell or convey the Property or any portion of the Property separately. from the Biscayne Boulevard Property or any portion of the O PUBLi OE O2OW HORN KAN E. GLASER. P.A., PENTHOUSE SUITE. ,1077 BISCAYNE OLVO.. P.O. HO%61 • 9002, M1AMI, FL 3316I •9002 • 1305, 895-2520 . wuvai'iniPm •Looswam tor IR DATE MICROFILMED LOCATION CAMERA OPERATOR. DEPUTY CLERK. CIRCUIT COURT • IMO=!PS'RY,WaWr o10 Pu8L/c 0 Q- a c THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT IE.. 157611' 2915 REC Biscayne Boulevard Property until Owner has .met all the conditions set forth in Resolution Mo. 91-92 of the City of Miami as amended by Resolution Mos. 91-779. and 92-268 of the City of Miami. 7. AMENDMENT AND MODIFICATION. This instrument may be modified, amended or released as to any portion of the Prop- erty or the Biscayne Boulevard 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 Commission at a public hearing which public hearing shall be applied for and at the expense of the owner Should this instrument be so modified, amended or released, the Director of the Planning, Building and Zoning Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment, or release. 8. TER,,. OF COVENANT. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors and assigns for an initial period of thirty (30) -years from 'the date this instrument is recorded in the Public Records of Dade County, and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof. 9. Inspection and Enforcement. It is understood and agreed that any official inspector of the City may have the right at any time during normal working hours, of entering and investigating the use of the Property and the Biscayne Boulevard Property to determine whether the conditions of this Declaration are being complied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the Property or the Biscayne Boulevard Property and shall be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable NOTICE AFV►EW SEOZOW KORN KAN 6 GLASER. P.A.. PENTHOUSE SUITE. a 1077 OISCAY NE OL4E1.. P.O. O0%01- 9002. MIAM1. FL 33101-9002 • 130S. 1995 — sl��.TWrc.%Dri ��ry cot!' DATE MICROF ILHED LOCATION CAMERA OPERATOR DEPUTY CLERK, CIRCUIT COURT o PUBL.Y THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT attorneys fees. „Ff. 1576111 2916 RfC. a sA This enforcement provision shall be in additio to any other remedies available under the law. 10. Severability. Invalidation of any one of these covenants by judgment of Court shall not effect 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 and/or the Biscayne Boulevard Property. 11. Recording. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owner. IN WITNESS WHEREOF, /) seals th's / yII* day of , / n9:?. WITN the undersigned have set their handy and e.0 --t I, • �S.c os ✓ rl r t STATE OF FLORIDA ) COUNTY OF DADE JS: MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partner- ship ny: MIAMI CIINATOWN DEVELOPMENT CORP., a lorida corporation sy. ISAAC SMIII, President 3' i j- rM 3.EFORE NE, the undersigned authori.ty, personally appeared ISAAC SHIN, as President of MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation, as general partner of MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida Limited Partnership, on behalf of the corporation and on behalf of the limited partnership who is personally known to me or who has pLatluced as identification and did/44take an oath_ IN WITNESS WHEREOF.�l I have h affixed my seal this /7A day of My Commission Expires: vbr188577/R/1 This Instnlrm ud dY GARY L !,•. .. , SEDZOW PI, , II 11077 Penth-, r P.O- [lox b '0i2 Miami. flu Idn eun bscr ibe-3 rr ,— ame and No ary T_3ublic, State of Florida O`*pY OFACRY !SEAL CARY 1. CROWN 2 ' F COMMISSION NUM eEA MY COMMISSION SSN Q� O EXP. OF f�. OCT. 6 1993 NOTICE RFVI EW CO a:eolrDen n1 on,ctaL ■rcoalr' •a o..... • •,corn v,1ri t . r.lark of Cirr.•.rrt & GountY •;,t"i • Uousts tT`csi f' OEOZOW KORN KAN 6 GLASER, P.A.. PENTHOUSE SUITE. 11077 OISCATNE OLVO.. F.O. t30X 61 -9002, MIAMI, FL 33161-9002 . 13051 Dar.,- 2520 2MMMWrMMMMIAMM DATE MICROFILMED OURTHOUSE TOWER 'LOCATION CAMERA OPERATOR DEPUTY CLERK. CIRCUIT COURT PUBLi This Instrument Flns Prepared By - CARY L. 13R015N, ATTY. BEDZ0W P.Nu l:ORt7, P.A. 11077 Penliz,..,t :ells: P.O. bu, Miami. Rona I 7 ti _ yr.? IiE°C.: 15761 n2.913 DECLARATION OF RESTRICTIVE COVENANTS 92R 14.2 THIS DECLARATION OF RESTRICTIVE COVENANTS (the tion") made by MIAMI CHINESE COMMUNITY CENTER, LTD_, a limited partnership (the "Owner") in favor of THE CITY OF FLORIDA, a municipality of the.State of rlorida (the "Cit (J 0 4- W ITNESSET H: WHEREAS, the Owner holds fee simple title to erty in the City of Miami, Florida, legally de consisting of: (the Lots 2, 6, 7, 10, 11 and 12, Blo MIRAMAR SUBDIVISION a/k/a Tl3IRD OF MIRAMAR, according to the Plat recorded in Plat Book -5, Page Public Records of Dade County, T' "Property"), to which it also holds WHEREAS, the Owner is presently an of Miami No. 9500, Miami for Commission as the amended, for certain of the Zon' real property legal A11 of Lots 3 and 13, less - the West 40.00 10.00 feet alley ly to said Lot 5, and' South of and adja "MIRAMAR" (also MAP OF MIRAMA thereof, as re 4, of the P Florida, and commonly dencrib Dade County, Flori which it also hol WHEREAS, t assure that shall be de Declaratio NOW that t subj be a f e e -Owner e Property eloped in AM 4, of rida NOTI Thissubraldnft&bDbeschedu an¢wMlimelina MlamIC Code -The appllra tle0 re,dew Me Inbrmadon al Ih TCOrr .odes° PZ— r a pu bk hearing orm h the cry, maling bud, will Mc hearingto renders rafinaLdecAon. —14439 1/16/24 O VIEW CO ertain prop- cribed 6, of .LADED. MAP ereof, as the as and ee simple title; and applicant before the City variances from. g Ordinance of the described as: ots 4, 5, 0, 9 and 14, feet thereof, and the ng North of and adjacent he 10.00 feet alley lying nt to said Lot 9, Block 6, Own as the "THIRD AMEMDED ), according to the Plat riled in Plat Book 5-, at Page lic Records of Dade County, as Ordinance City of 1801-1859 Biscayne Boulevard, Miami, (the "Biscayne Boulevard Property"), simple title; and desires to make a binding commitment and the Biscayne Boulevard accordance with the provisions to Property of this THEREFORE, the Owner voluntarily covenants and agrees e Property ana the t to Biscayne Boulevard Property shall be the following restrictions that are intended and eemed to be covenants ner, its successors and shall running with the land, binding upon assigns, as follows: the I SUBSTITUTED I 20W KORN KAN S GLASER. P.A.. PENTHOUSE SUITE. 11077 BISCAVNE BLVD.. P.O. ©OX G1- 9002, MIAMI. FL 33161 - 9002 -r3051995-2520 0:c j h 11(__cOURTHOUSE TOWER (/Le,Er-Le_) lSf.i]✓t��� .DATE. MICROFILMED ' 'LOCATION CAMERA OPERATOR DEPUTY CLERK, CIRCUIT -COURT SUBSTITUTED °`�� 15761 ?Gz914 REC. 1. RECITALS. The recitals and findings se the preamble of this Declaration are hereby adopted by thereto and incorporated herein as if fully set forth Section. 2. PARKING. The Owner shall, prior to the by the appropriate City department o-f a final certifi occupancy, for the improvements to be constructed on th Boulevard Property, construct, on the Property alternative location, in accordance with applica provisions and regulations, in effect at such t parking for no less than eighty (80) automobile- file with the City of Miami Dated November 1, 3. EASEMENT. The Owner shal completion of Paragraph 2 set forth abov- place of record in the Public Records easements of access, use and ma i agreements, which easements or agree of the City Attorney of the City inter alia, that the eighty (3► available to provide automo ]e Biscayne Boulevard Property. 4. LANDSCAnE_ Biscayne Boulevard Prope the City's Planning,- Bu 5.- EFFECT pending applicatio become final and covenant ru Biscayne Boul successors •n benefit o' the Pro publi and This submWal needs b be schedule in arnertlanc. wren umeiines a Mismi Code.Theappdu b1 d rewewthe lnfort,,9on at the recommendato ra pubijc hearing hh In the ❑ty or -malting body ticeaer, hring to rentl era afin210ci®on. 1/16/24 ance ate of Biscayne or at an city code automobile as per plans on 990. at the time of execute, deliver and f Dade County, Florida, enance or similar type nts shall meet the approval of Miami, and shall provide, parking spaces shall be made parking exclusively for the AN. The landscape plan for the y shall be subject to the approval of lding and Zoning Department. E DATE. Upon City approval of the Owner's for variances, and after said approval has on -appealable, this instrument shall constitute ing with the title to the Property and the ward. Property and be binding upon the Owner,- its assigns. These restrictions shall be for the limitation upon all present and future owners of erty and the Biscayne Boulevard Property, and for the welfare. 6. UNITY OF TITLE. The Owner shall not sell or vey the Property or any portion of the Property separately. rom the Biscayne Boulevard Property or any portion of the EO2OW HORN KAN 6 GLASER. P.A., PENTHOUSE SUITE. 11077 BISCAYNE OLVO.. P.O. HO%61 - 9002, M1AMI, FL 33161-9002 • 13051 895-2520 . wuvai'iniPm •LWgram tor IR DATE MICROFILMED LOCATION immeszenarmsAmixserove CAMERA OPERATOR. DEPUTY CLERK. CIRCUIT COURT • SUBSTITUTED •°�` 1 57611)2915 REC. Biscayne Boulevard Property until Owner has .met conditions set forth in Resolution Mo. 91-92 of the Cit as amended by Resolution Mos. 91-779. and 92-268 of the Miami. G 0 PUBL/c ti `0`'`'', ``'"9r la NOTIC "Ns submittal neetls to be schetlule [cnrtlance wM lirellnes s Mari,._The app,de tl renew the inbmnation at the rornmeko 7. AMENDMENT AND MODIFICATION. This instrume be modified, amended or released as to any portion of erty or the Biscayne Boulevard Property by a written executed by the then owner of the fee simple title to be effected by such modification, amendment or rel that same has been approved by the City Commiss• hearing which public hearing shall be applie expense of the owner Should this instrume amended .or released, the Director of the P Zoning Department or his successor, sh instrument in recordable form effectuati modification, amendment, or release. 8. TERM OF COVENANT. Th part of the Owner shall remain in f be binding upon the Owner, its initial period of thirty (30) is recorded in the Public P automatically extended for thereafter unless mo3ifi expiration thereof. 9. Ins ec agreed that any off at any time dur investigating t Property to de are being co the City o or the B• or in to vi vio a PZ- ticr a pu bbc hearing nh in the. cityat making br will hearinon rentl era atl Geciapn. -14439 V"' 1EW CO�Q 1/16/24 may e Prop- Gtrument he land to se providing n at a public for and at the t be so modified, nning, Building and 1 execute a written and acknowledging such s voluntary covenant on the 1] force and effect and shall successors and assigns for an ars from 'the date this instrument ords of Dade County, and shall be uccessive periods of ten (10) years 3, amended or released prior to the on and Enforcement. It is understood and ial inspector of the City may have the right ng normal working hours, of entering and use of the Property and the Biscayne Boulevard ermine whether the conditions of this Declaration lied with. An enforcement action may be brought by by any property owner within 375 feet of the Property cayne Boulevard Property and shall be by action at law uity against any party or person violating or attempting late any covenants of this Declaration, either to restrain ations or to recover damages. The prevailing party in the ion or suit shall be entitled to recover costs and reasonable OW KORN KAN 6 GLASER. P.A.. PENTHOUSE Su IT E. t1077 BISCAYNE BLVB.. P.O. O0%01- 0002. MIAM1. FL 33101-B002 • 13O3r 005 - sl��.TWrc:fDES DATE MICROFILMED LOCATION CAMERA OPERATOR DEPUTY CLERK, CIRCUIT COURT PLIBoe SUBSTITUTED attorneys fees. „Ff. 1576111 2916 RfC. This enforcement provision shall be to any other remedies available under the law. 10. Severability. Invalidation of any one covenants by judgment of Court shall not effect any provisions of this Declaration, which shall remain and effect,provided, however, that such grounds for the City to amend the zoning iL o % NOTICE of th n This subml[t al needs to be scheduled br a public hearing in accord ancewldi tmelines set forth Inthe Cry of Miami Cede. The appllu Ge declslon-nt a king Eddy t'nll review the information at the public hearing to render a recommendation or a final decia PZ-22-14439 01/16/24 Vr EW in full force invalidation may be and/or land -use regula- tions applicable to the Property and/or the Biscayne Property. 11. Recording. This Declaration shall Boulevard be filed of record among the Public Records of Dade County, Florida, at the cost of the Owner. IN WITNESS WHEREOF, the undersigned have set their handy and seals th' s / yII' day of GcPr %e/ , WITN e.0-1 I,• �Saos✓rl r t STATE OF FLORIDA ) COUNTY OF DADE JS: MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partner- ship ny: MIAMI CIINATOWN DEVELOPMENT CORP., a lorida corporation sy. ISAAC SMIII, President 3 3 i N E I 131-7.. rrr.e j- Pt,r I FL. 3.T:FORE NE, the undersigned authority, personally appeared ISAAC SHIN, as President of MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation, as general partner of MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida Limited Partnership, on behalf of the corporation and on behalf of the limited partnership who is personally known to me or who has pLatluced as identification and did/44take an oath. IN WITNESS WHEREOF.�l I have h affixed my seal this /7A day of My Commission Expires: vbr188577/R/1 This Instngrnr lid dY GARY L !,•, .. , sEDZOw P ,I 11077 Penth-, r P.O- [lox bl')�ti7 Miami. flu ldn :.'n7 eun bscr ihe-3 rr ,— ame and No ary T_3ublic, State of Florida O`*pY OFACRY SEAL CARY 1. CROWN 2 • li COMMISSION NUMBER Q. MY COMMISSION SSONEXP. OF 1/.0 OCT. 6 1993 a:eolroen n1 an,ctaL ■rcoco.' •a o� O, DADE [OD•, •, r.00.DA. .. • •,taco v,lrrr3 . r.lark of Cirr.•.A & GountY •;,t"i • Uousts tT.c.4 f' 0EOZOW KORN KAN 6 GLASE-R, P.A., PENTHOUSE SUITE. t1077 UISCATNE OLVO.. F.O. t30X 61 -9002, MIAMI, FL 33161-9002 . t3051 Dar.,- 2520 2MMMWrMMMMIAMM