HomeMy WebLinkAboutOriginal CovenantThis instrument was prepared by and af=ter recordation return to ;
Name: Ben Fernandez, Esq.
Address: Ber•cow & Radell, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
l illiii ��ii� u�t� illlt lull i�#!1 11I�� II1I 1[II
IC- 14 :2008K-04 8 94ci-i l
OR 13-k 26430 Fss 111.5.- 1121; t7pss
RECORDED 06/13/2008 15:55.21
HARVEY RUWIN? CLERK OF COURT
MIAMI --ADE COUNTYP FLORIDA
S ace reserved for Clerk
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the"
Declaration1,) made this '
1 day
f 1
of 2008, 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._iB -16. 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;
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 band 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 T2. 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 way 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 I 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. 'Ins action 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 anyone 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. Recordist 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) t® Follow]
ACKNOWLEDGMENT
Signed witnessed, executed and acknowledged on this day of
s .�, 2008.
�cx f) ) r -
Print Name
SignaturT e"`"
()�
Print Name
STATE OF
COUNTY OF
Ive Group One, LC
By:�, ��MAD
he foregoing instrument was acknowledged before me by C��wnito
the - of Ive Group One, LC. They are [krpersonally k me or
ra have produced
identification. as
Witness my signature and official seal thisc'�Q day of +'1 L 2008, in the
County and State aforesaid.
My Commission Expires
Notary Public State of C) Vi -Q
/
Print Name
ANTOINEMEANMELHEM
(401) OG0,01 : ,ad8a NWServlee•eam .
GE*
Address: 1252, 1262, 1272 SW 21st Terrace, Miami, Florida
Fofio Number: 01-4139-007-3350
Lega! Descri�lort„
LCAT 8 THROUGH LUT 10 INCLUSIVE AND LUT 17 THROUGH LOT 23
INCLUSIVE OF BLOCK 65 OF THE FLAT UP "EAST SHENANDOW1
ACCORDING TO THE PLAT T�IEREOF, AS RECORDED IN PLAT BOOK
14 TAGE 55 OF THE 'PUBLIC RECORDS OF MIAMI -DA DE COUN`rY,
FLORIDA,8.OI