HomeMy WebLinkAboutSubmittal-Lucia Dougherty 2This instrument prepared by, and after recording return to:
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
Miami, 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 36th 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 12-15-09
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SUB"WIT"11D INTO THE
1PUBLIC CORD FOR
ITBA' ON
NOW, THEREFORE, the Owner voluntarily covenants and agrees thaf the
Property shall be subject fo the following restrictions that are intended and shall
be deemed fo be covenants running 'wifh 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 fhis Section.
2. Site Plan. The Property will be improved in accordance with fhe
attached site plan, prepared by TAG (The Architects Group). Should, the existing
Property be re -developed for use other than a surface parking lof, lofs 13,14,15,
and 16 of the site, will adhere fo the "T4 -L Designation" as proposed under
Miami 21. Should Miami 21 not fake effect, any re -development plans will be
limifed fo the uses and height permitted under Miami 21, and the plans will be
subject fo review and approval of the City Manager or his designee.
3. Effecfiv,e Date. This instrument shall constitute a covenant running
with the title fo 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.
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MIA 180,807,473v2 12-15-09 Submitted Into the public
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nsc�lla A. Thompson
City Clerk
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
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riscilla A. Thompson
City Clerk
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
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Submitted Into the public
recur in connection with
item `� �" on iz -U
Priscilla A. Thompson
City Clerk
IN WITNESS WHEREOF, has caused these presents to be
signed in its name by its proper officials.
Witnesses:
Hasred, Inc.
Signature 221 NW 42nd Avenue
Miami, Florida 33126
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
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.
My Commission Expires:
MIA 180, 807, 473v2 12-15-09
Notary Public -State of FLORIDA
Submitted Into the public
recd innonnection with
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rlsciila A., Thompson
City Clerk
CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE
The undersigned, holder of that certain Mortgage Deed dated
L 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:
Name:
(Corporate Seal)
Name:
STATE OF FLORIDA J
J ss:
COUNTY OF MIAMI-DADE J
The foregoing instrument was acknowledged before me this _ day of
2007 by
as of
, on behalf of said company. He
before me, is personally known to me or produced
My commission expires:
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personally appeared
as identification.
Name:
Notary Public, State of Florida
Commission No.
Submitted Into the public'
recor 'nonnection with.
item on /Z /7-
Priscilla A. Thompson
City Clerk