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HomeMy WebLinkAboutExhibit-Declaration of Restrictive CovenantsThis instrument prepared by, and after recording return to: (snnrP resPNPd for Clerk of court) Name: Lucia A. Dougherty, Esq. Address: Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131-3261 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2009, by Hasred, Inc. (the "Owner"), in favor of the City of Miarrli, a Florida Municipal Corporation (the ''City"). WITNESSETH: WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami, Florida, located at approximately 161 NW 37th Avenue, 3667 NW Flagler Terrace and 58 NW 361h Court, Miami, Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, an approval was obtained for a zoning change for the Property from the City Commission of the City of Miami, pursuant to Ordinance No. adopted on , 2009 and attached hereto and made a part hereof as Exhibit "B"; and WHEREAS, it is the Owner's intent to renovate the Property for continued use as a restaurant with ancillary parking. MIA 180,807,473v2 12-16-09 gnh ���[�.1 1 :' INTO THE IT., M -7 ON I.ag-�v 07- 0/024/ZC - Exh; b1t - Teclarat on of C NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: 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. Site Plan. The Property will be improved in accordance with the attached site plan, prepared by TAG (The Architects Group). Should the existing Property be re -developed for use other than a surface parking lot, lots 13,14,15, and 16 of the site, will adhere to the "T4 -L Designation" as proposed under Miami 21. Should Miami 21 not fake effect, any re -development plans will be limited to the uses and height permitted under Miami 21, and the plans will be subject to review and approval of the City Manager or his designee. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 2 MIA 180,807,473v2 12-16-09 Ll 4. Term 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 of the Property, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. Inspection and Enforcement. It is understood and agreed -that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations 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 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. This enforcement provision shall be in addition to any other remedies available under the law. 6. 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 owner(s) of the fee -simple title to the Property to be effected 3 MIA 180,807,473x2 12-16-09 0 by such amendment, modification, or release and the City of Miami with the approval by the City of Miami City Commission at a public hearing, which public hearing shall be applied for by, and be at the expense of the Owner. Any modification, amendment, or release of this covenant will be subject to the approval as to legal form by the City Attorney. 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. The Owner shall submit a recorded copy to the City Clerk at 3500 Pan American Drive, Miami, FI. 33133 within thirty(30) days of recordation. ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of MIA 180, 807, 473v2 12-16-09 I IN WITNESS WHEREOF, signed in its name by its proper officials. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE has caused these presents to be Hasred, Inc. 221 NW 42nd Avenue Miami, Florida 33126 The foregoing instrument was acknowledged before me by the manager of , a corporation, on behalf of the corporation. He is personally known to me or has produced Florida Driver's licence: , as identification. Witness my signature and official seal this day of , 200 , in the County and State aforesaid. Notary Public -State of FLORIDA My Commission Expires: 5 MIA 180,807,473x2 12-16-09 CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE The undersigned, holder of that certain Mortgage Deed dated and recorded in Official Records Book at Page of the Public Records of Miami -Dade County,. Florida, as amended, encumbering the real property.to be subjected to the foregoing Declaration of Restrictive Covenants made by in favor of the City of Miami, Florida, hereby consents to said Declaration of Restrictive Covenants and agrees that the lien of said Mortgage Deed shall be subject and subordinate to the terms of said Declaration of Restrictive Covenants. IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of , 2008. Witnessed by: am Name: Name: (Corporate Seal) STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this _ day of 2007 by , as of , on behalf of said company. He personally appeared before me, is personally known to me or produced as identification. My commission expires: a MIA 180,807,473v2 12-16-09 Name: Notary Public, State of Florida Commission No.