HomeMy WebLinkAboutRecorded Declaration of Restrictive CovenantsThis instrument is prepared by
(and after recording )
please return this instrument to:
Iris Escarra, Esq.
Greenberg Traurig
1221 Brickell Avenue
Miami, FL 33131
(305) 579-0737
Reserved for Recording
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GFN 2007RO336841
OR 8k 25542 Fes 1811 — 1821► (11aes)
RECORDED 04/43/2007 1422:55
HARVEY RUVINr CLERK OF COURT
MIAMI-DADE COUHTYr FLORIDA
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENT that the undersigned, ROYAL PALM
MIAMI DOWNTOWN, LLC, A Florida Limited Liability Company ("Owner") hereby
makes, declares and imposes on the land herein described, this Declaration of Restrictive
Covenants (the "Declaration"), and the covenants running with the title to the land
contained herein, which shall be binding on the Owner, all heirs, grantees, successors and
assigns, personal representatives, mortgagees, lessees, and against all persons claiming
by, through or under them,
WHEREAS, ROYAL PALM MIAMI DOWNTOWN, LLC, A Florida Limited
Liability Company is the owner of certain real property and air rights located at
approximately 1022 NW 1 Avenue, 1012 NW I" Avenue and 1000 NW IS` Avenue, 1200
NW ls` Avenue, 115 NW 12`h Street, 105 NW 11 Terrace, 113 NW l la' Terrace, 1129
NW 15` Court, 1135 NW 1St Court, 1145 NW I" Court, 1151 NW I" Court, 1159 NW 15`
Court, 100 NW 121h Street, Miami, Florida, in Miami -Dade County, and more
particularly described on Exhibit "A," attached hereto and incorporated herein (the
"Property"); and
MIA 1778278184 1 012 712006
Book25502/Page1811 CFN#20070336841
Page 1 of 11
Declaration of Restrictive Covenants
Royal Palm Miami Downtown, LLC
Page 2 of 6
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Owner hereby agrees as follows:
1. The Owner of the Property hereby agrees and declares that any new
construction that is proposed for the redevelopment of the properties described in Exhibit
"A" ("Property") will be required to obtain approval from the Commission of the City of
Miami at a public hearing, as well as all the necessary approvals required pursuant to
Zoning Ordinance 11000, as amended.
2. The provisions of this instrument shall become effective upon their
recordation in the Public Records of Miami -Dade County, Florida, and shall continue in
effect for a period of thirty (30) years after the date of such recordation, after which time
they shall be extended automatically for successive periods of ten (10) years each, unless
released in writing by the following: (i) then owners of the Property (or if any portion of
the Property has been submitted to the condominium form of ownership, then by the
association established to operate the condominium in lieu of all of the owners thereof)
AND (ii) the Commission of the City of Miami at a public hearing upon the
demonstration and affirmative finding that the same is no longer necessary to preserve
and protect the Property for the purposes herein intended.
3. Unless released in accordance with the terms of Paragraph 2, termination
of this restrictive covenant shall be effective upon the receipt of a Certificate of
Occupancy by Owner, his successors or assigns issued by the City of Miami for the first
new construction located on the Property. This restrictive covenant shall not inure to all
future development on this site, only to the first new construction redevelopment project
subsequent to the recordation hereof.
4. Enforcement shall be by action of the City, Owner, or any successor
owner of all or any portion of the Property against the parties or persons violating or
attempting to violate any covenants in this Declaration. The prevailing party to any
MIA 177827818x2 10/27/2006
Book25502/Page1812 CFN#20070336841 Page 2 of 11
Declaration of Restrictive Covenants
Royal Palm Miami Downtown, LLC
Page 3 oj6
action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in
addition to costs and disbursements allowed by law, such sum as the Court to which such
action or suit is submitted may adjudge to be reasonable for the services of his/her
attorney. This enforcement provision shall be in addition to any other remedies available
at law, in equity or both.
5. 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.
6. All rights, remedies and privileges granted herein shall be deemed to be
cumulative and the exercise of any one or more shall neither be deemed to constitute an
election of 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.
7, This Declaration shall be recorded in the Public Records of Miami -Dade
County at the Owner's expense within ninety (90) days of its acceptance by the City of
Miami. The City of Miami City Clerk, 3500 Pan American Drive, Miami, FL 33133 shall
be promptly furnished with a recorded copy of this Declaration.
Signed, witnessed, executed and acknowledged this. day of (D2-*— , 2006,
ROYAL PALM MIAMI DOWNTOWN,
LLC.,
A Florida Limited Liability Company
�c��Witness : (�',�-u -
l, Daniel o s anaging Member
Witness K_�=Wdkl
,UAaCY g,E i
MIA 177827818v2 1012712006
Book25502/Page1813 CFN#20070336841 Page 3 of 11
Declaration oJRestrictive Covenants
Royal Palm Miami Downtown, LLC
Page 4 of 6
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI DADE
The foregoing instrument was acknowledged before me this LOL> day of OCTOBER,
2006 by DANIE_ L KODSI, who is personally known to me, or has produced
as identification and she acknowledged before
me that he executed the same, freely and voluntarily, for the purposes therein expressed.
CAA ERINE GOEPFERT Name; \.j -Cyki
�'�Y •tip MY COMMISSION #DD219a76 T
EXPIRES: JUN 03, 2007 Notary Public, State of
Bonded through Advantage Notary Commission No. M Q I 474
CITY OF MIAMI APPROVAL:
APPROVED AS TO FORM AND APPROVED:
CORRECTNESS:
J L. FE ANDEZ O ES SLAZ
City Attorney Zoning Administrator
MIA 1778278184 10/27/2008
Book25502/Page1814 CFN#20070336841 Page 4 of 11
Declaration of Restrictive Covenants
Royal Palm Miami Downtown, LLC
Page S of 8
CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE
The undersigned, holder of that certain Mortgage dated December 15, 2004 and
recorded in Official Records Book 22923 at Page 2324, of the Public Records of Miami -
Dade County, Florida, and later amended by Mortgage Modification Agreement dated
April 26, 2005 and recorded in Official Records Book 23410 at Page 2535 of the Public
Records of Miami -Dade County, Florida encumbering the real property to be subjected to
the foregoing Declaration of Restrictive Covenants made by ROYAL PALM MIAMI
DOWNTOWN, LLC in favor of the City of Miami, Florida, hereby consents to said
Declaration of Restrictive Covenants and agrees that the lien of said Mortgage shall be
subject and subordinate to the terms of said Declaration of Restrictive Covenants,
WITNESS WHEREOF, the undersigned has set his hand and seal this// day
of _! J 02006.
Witnessed by:
VIADUCT, WELLINGTON,
VIADUCT, INC., a Florida
Corporation,
By:
(Corporate Seal)
ST TEXAS )
) ss:
COUNTY OF WILLIAMSON
The foregoing instrument was acknowl dged before me this day of
, 20)�6 by S �� t�'Ns� as Q^`;- of
yint "- 4/..A, 4 1/4 .,Uv4, on behalf of said company, He personally appeared before
me, is person6lly known to me or produced • DL as identification,
:�; 1 Cp:M, KAREN S FOREMAN
Notary Public, State of Texas
s My Commission Expires
Aptll 24, 2010
MIA 177827818x3 11/15/2006
Name:
Notary Public, State of Fhnida -re-vas
Commission No.
Book25502/Page1815 CFN#20070336841 Page 5 of 11
Witnessed by;
Name:
Name:
STATE OF FLORIDA )
ss:
COUNTY OF MIAMI-DADE }
Declaration of Restrictive Covenants
Royal Palin Miami Downtown, LLC
Page 6 of 8
BULLET CEMENT
CORPORATION, a Florida
Corporation,
By:
44
(Corporate Seal)
The foregoing instrument was acknowledged before me this U- Ml day of
lVa 1, r' n,(? k , 2006 by RgL24 'FI ZZ v as PRS/ of
L•l UrA6)1r on behalf of said company. He personallyap eared before
me s persona mown to me r produced as ident' kation.
nWt4oU
N e: o E R1
���yyyeee��tOiLA GLORIA GARCIA ary Public, State of Florida
.,C^mmhfionM DO-6031683CJD
p. . ^,.r:odsxlon Expitls Commission No. DD %0
Novcm'oot 02, 2010
MIA 177827818x3 i VI &2006
Book25502/Page1816 CFN#20070336841 Page 6 of 11
Declaration of Restrictive Covenants
Royal Palm Miami Downtown, LLC
Page 7 of 8
Exhibit "A"
All the following properties being in MIAMI-DADE COUNTY, FLORIDA:
01-3136-009-1141
115 NW 12 ST, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 7 BLK 10
01-3136-009-1140
1200 NW 1 AVE, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 6 BLK 10
01-3136-009-1880
1159 NW 1 CT, MIAMI, FLORIDA
ALICE, BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 12 BLK 19
01-3136-009-1870
1151 NW I CT, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 11 BLK 19
01-3136-009-1860
1145 NW 1 CT, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 10 BLK 19
01-3136-009-1850
1135 NW 1 CT, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 9 BLK 19
01-3136-009-1840
1129 NW 1 CT, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 8 BLK 19
01-3136-009-1830
113 NW 11 TERR, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 7 BLK 1
01-3136-009-1800
100 NW 12 ST, MIAMI, FLORIDA
PB B-87 & ALICE BALDWIN ETAL SUB PB 6-43 LOTS 1 & 2 BLK 19
MIA 177827818x3 IW512006
Book25502/Page1817 CFN#20070336841 Page 7 of 11
Declaration of Restrictive Covenants
Royal Palm Miami Downtown, LLC
Page 8 of 8
01-3136-009-1810
ALICE BALDWIN ET AL SUB PB B-87 & LOTS 3 TO 5 BLK 19 PB 6-43
01-3136-009-1820
105 NW 11 TERR, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 6 BLK 19
01-0101-060.1120
1022 NW 1 AVE, MIAMI, FLORIDA
P W WHITES RE -SUB BLK 16 PB B-34 LOTS 24 & 25
01-0101-060-1150
1012 NW 1 AVE, MIAMI, FLORIDA
P W WHITES RE -SUB BLK 16 PB B-34 LOTS 32 & 33
01-0101-060-1190
1000 NW 1 AVE, MIAMI, FLORIDA
P W WHITES RE -SUB BLK 16 PB B-34 LOTS 40-41-48
MIA 1778278184 11/1W006
Book255021Page1818 CFN#20070336841 Page 8 of 11
ROYAL PALM MIAMI DOWNTOWN, LLC
COMPANY RESOLUTION
THE UNDERSIGNED, being a Manager of ROYAL PALM MIAMI DOWNTOWN,
LLC, a Florida limited liability company (referred to as the "Company"), does hereby certify
that the following is a true and correct copy of a resolution duly adopted by the Unanimous
Consent of the Managing Manager of the Company:
WHEREAS, the Company's Managing Manager is Isaac Kodsi; and
WHEREAS, the Company desires to enter into a restrictive covenant for the
properties included in Exhibit "A" in accordance with the approval of the
rezoning of said properties.
NOW, THEREFORE, BE IT:
RESOLVED, that DANIEL KODSI on behalf of the Company is hereby authorized and
directed to execute and deliver on behalf of the Company such covenant or other such instrument
as required by the City of Miami in accordance with the approval thereof.
THE UNDERSIGNED CERTIFIES that the foregoing resolution was duly enacted by the
Company in accordance with the Articles of Organization Incorporation and Operating
Agreement of the Company and the laws of the State of Florida; that the undersigned Managing
Member of ROYAL PALM MIAMI DOWNTOWN, LLC, has full power and authority to bind
the Company pursuant thereto; and that the resolutions are in full force and effect as of the date
of this Certificate and have not been altered, modified or rescinded.
THE UNDERSIGNED FURTHER CERTIFIES that the below individuals are the duly
appointed officers of the Company indicated below and that the specimen signatures set opposite
their titles below, are the genuine signatures of such officers:
MIA 1795352990 113012007 .
Book25502/Page1819 CFN#20070336841 Page 9 of 11
Company Resolution
ROYAL PALMMIAMI DOWNTOWN, LLC
Page 3 of 3
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
MIA 179535299v1 V302007
Book25502/Pagel820 CFN#20070336841 Page 10 of 11
OR GK 25502 RG 1521
LAST PAGE
Company Resolution
ROYAL PALMMIAMI DOWNTOWN, LLC
Page 2 of 3
ROYAL PALM MIAMI DOWNTOWN, LLC, a
Florida limited liability company
By:
Isaac Kodsi, Man ging Member
Attested ` +
Print Name: (Company seal)
STATE OF fl -494 c� )
ss:
COUNTY OF �°C ` A�t�t c - o f►.c� �)
The foregoing Company Resolution was acknowledged before me this _ day of
, 2007, by Isaac Kodsi, as Managing Member who personally appeared before me
and is personally known to me or produced as
identification.
Print Name:
Notary Public, State of Florida
My Commission Expires:
MIA 1795352990 1/30/2007
[NOTARIAL SEAL]
Notary Public Slate of Florida r
�h plane Cruz
My Commission D0261534
or n Expires 02/2312008
Book25502/Page1821 CFN#20070336841 Page 11 of 11