HomeMy WebLinkAboutAmended CovenantThis instrument was prepared by and after recordation return to
Name: Ben Fernandez, Esq.
Address: Bercow & Radell, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
(Space reserved for Clerk)
AMENDED DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this day
of 2009, by Ive Group One, LC (hereinafter referred to as the
"Owners"), are in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the
State of Florida (hereinafter referred to as the "CITY").
WITNESSETH
WHEREAS, the Owners sought and obtained a rezoning pursuant to Ordinance
No. , for the property located at and being legally described as:
(See attached Exhibit "A").
WHEREAS, on , 2008 the City Commission approved the
rezoning of the Property to the C-1 Restricted Commercial District with an SD -23 Coral
Way Special Overlay District for the properties at 1252, 1262, and 1272 SW 21St
Terrace, 1249, 1265 SW 22nd Street;
WHEREAS, the Owners are desirous of making a voluntary binding commitment
to assure that the Property shall be developed in accordance with the provisions of the
Declaration herein.
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 a covenant running with the land and binding upon the Owners of the
Property, and its heirs, successors and assigns as follows:
Section 1. 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.
Section 2. The Owners hereby makes the following voluntary declarations
running with the land concerning the use of the Property:
A. That the property shall be developed in substantial compliance with the
approved plans entitled "Coral Palace" prepared by Eddie Frances, AIA,
consisting of 12 pages, and dated 11-20-07. The aforementioned plans
are on file with the City of Miami Department of Hearing Boards and are
deemed as being incorporated by reference herein.
B. The owners shall commission a local artist to create and apply wall art for
the east facade of the project, which shall be submitted for approval to the
Planning Department as part of the Class II Special permit that is required
in order to develop the Property in accordance with the above -referenced
site plan.
C. The Owners shall install additional landscaping along SW 21 Terrace
consisting of trees with at least 4" DBH (Diameter at Breast Height) at time
of planting.
D. The undersigned further agrees that these conditions, restrictions and
limitations shall be deemed covenants running with the land, shall be
recorded in the Public Records of Miami -Dade County, by the Owners
within thirty (30) days of acceptance by the City and the Owners shall
provide the City Department of Hearing Boards with a recorded copy
within such time. The covenants shall remain in full force and effect and
be binding upon the undersigned, their heirs and assignees until such
time as the same may be released in writing by the City of Miami City
Commission after a public hearing which public hearing shall be applied
for at the expense of the Owners or his/her designated representative.
Section 3. Effective Date. This Declaration is effective at the date of execution
hereof. This instrument shall constitute a covenant running with the title to the Property
shall be binding upon Owners, their successors and assigns. These restrictions shall
be a limitation upon all present and future Owners of the Property and shall be for the
public welfare.
Section 4. Applicable Law & Venue. Florida law will apply to interpretation of
this instrument. Venue in any civil actions arising under this instrument shall be in
Miami -Dade County, Florida.
Section 5. 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 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 City Commission after a public hearing which public hearing shall be
applied for at the expense of the Owners. Upon approval of such modification
amendment or release as specified herein, the Director of the City of Miami's Planning
Department or her successor shall execute a written instrument in recordable form
effectuating and acknowledging such modification, amendment or release. Such
instruments shall be in a form acceptable to the City Attorney.
Section 6. Inspection and Enforcement. An enforcement action may be
brought by the City by action in 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 attorney's
fees. This enforcement provision shall be in addition to any other remedies available
under the law. This enforcement provision shall not apply against the City of Miami.
Section 7. Severability. Invalidation of any one of these covenants by judgment
of Court shall not affect any of the other provisions of the Declaration, which shall
remain in full effect.
Section 8. Recording. This Declaration shall be filed of record among the
Public Records of Miami -Dade County, Florida, at the cost of the Owners. The Owners
shall furnish the Department of Hearing Boards, 444 SW 2nd Avenue, 7t" Floor, Miami,
Florida 33130-1910, with a recorded copy within 30 days of recordation.
[Signature Page(s) to Follow]
/_Ca:hC� i . ► . .
Signed, witnessed, executed and acknowledged on this
, 2008.
Witnesses:
Ive Group One, LC
Signature
Print Name By:
Title:
Signature Address:
Print Name
STATE OF
COUNTY OF
day of
The foregoing instrument was acknowledged before me by ,
the of Ive Group One, LC. They are ❑ personally known to me or
❑ have produced as
identification.
Witness my signature and official seal this day of 2008, in the
County and State aforesaid.
Notary Public State of
My Commission Expires: Print Name
14NM
LEGAL DESCRIPTION
LOT 8 THROUGH LOT 10 INCLUSIVE AND LOT 17 THROUGH LOT 23
MCLUME OF BLOCK 58 OF THE PLAT OF "EAST SHENAND0AH"
ACCORDING TO THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK
14 AT PAGE 55 OF THE PUBLIC RECORDS OF MIAMI -RADE COUNTY,
FLORIDA,
FOLIO 01-4139-007-3350
PROPERTY ADDRESS (PER TAX ROLL) 1255 SW 22nd STREET
FOR LOTS 8 -10 AND LOTS 17 - 22 BLOCK 58
POLIO 01-4139-007-3440
PROPERTY ADDRESS (PER TAX ROLL)1249 SW 22nd STREET
FOR LOT 23 BLOCK 68