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HomeMy WebLinkAboutsubmittal - 1This instrument prepared by and when recorded return to: Carter N. McDowell, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard Suite 2500 Miami, Florida 33131-5340 (Space Above For Recorder's Use Only) DECLARATION OF USE RESTRICTIONS The undersigned, Ransom Everglades School, Inc., as Owner (the "Owners") of the following described real property (the "Property"), lying, being and situated in the City of Miami, Miami - Dade County, Florida, and legally described on Exhibit A. Street Address: 2015, 2035 and 2045 South Bayshore Drive and 1990, 2000 and 2020 Tigertail Avenue, Miami, Florida. IN ORDER TO ASSURE the City of Miami, its successors and assigns that the representations made to them by the Owner will be abided by, the Owner, its heirs, successors or assigns freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property: ce 0 Er Q z U Q W U CO O M ■ \7 1 0/ 0765 # 673054 v 6 .�J 7l2:47 PM CO CL (1) Notwithstanding the land use designation and zoning applicable to the Property, the use of the Property shall be limited to (a) primary and secondary school uses; (b) uses customarily and traditionally associated with private primary and secondary school uses; and (c) uses permitted in the R-1 Single Family Residential District. In the event of the proposed sale of all or a portion of the Property to an owner for a use other than a primary or secondary school or single family use, prior to the sale the Owner shall file all required applications with the City and neither the Owner nor the contract purchaser shall object to or take any action either publicly or privately to challenge the applications with the City of Miami to: (a) amend the Future Land Use Designation to Single Family Residential and (b) to change the zoning to R-1 Single Family Residential on the portion of the Property being sold, unless the future land use designation and zoning of the properties along Emathla Street adjoining the Property and the abutting properties to the northeast have been previously redesignated and rezoned to a more intense future land use designation and zoning district in which case the then Owner(s) of the Property may object to a land use designation or zoning if it is more restrictive than that applicable to the properties along Emathla Street or the abutting properties. r 0L 5 q_ (3) Conditions Precedent. This Declaration shall become final and shall be recorded in the Public Records of Miami -Dade County, Florida within sixty (60) days of, and is expressly subject to and conditioned upon, the approval by the City Commission of the City of Miami and/or the Zoning Board, and expiration of all applicable appeal periods of (a) the redesignation of the Future Land Use Designation of Lot 9 and the 15 foot wide alley between Lot 9 and Lot 14, of Block "A" of the Plat of Biscayne Park Terrace Subdivision as Major Institutional Public Facilities, Transportation and Utilities; (b) zoning of Lot 9 and the 15 foot wide alley between Lot 9 and Lot 14, of Block "A" of the Plat of Biscayne Park Terrace subdivision to G/I Government and Institutional; (c) approval of special exception(s) for expansion of a G/I use substantially as shown on the plans on file with the City and approval of a school use as may be applicable substantially as shown on the plans on file with the City for the Property; (d) special certificate of approval from the Historic and Environmental Preservation Board for the Property; and (e) any other special permits for the Property required by the Zoning Ordinance of the City of Miami; (4) Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded by the Owner at his expense in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the Owner and its heirs, successors and assigns, until such time as the same is modified, amended or released. These restrictions shall be for the benefit of, and limitation upon, all present and future Owner(s) of the Property and for the public welfare. (5) Modification, Amendment, Release. This Declaration may be modified, amended or released (a "modification") as to the Property, or any portion thereof, by a written instrument executed by the then Owner(s) of the Property, including joinders of all mortgagees, if any, provided that the same is also approved by the City of Miami City Commission , after public hearing with, at a minimum, written notice to all property owners within 500 feet of the Property shown of the Miami - Dade County tax rolls as of the date of application. As a condition precedent to filing an application with the City of Miami to modify this Declaration, the then Owner(s) of that portion of the Property seeking the modification shall submit reasonable written evidence of the approval of the Tigertail Emathla Bayshore Neighborhood Association, Inc. (the "Association") or if the Association no longer exists the Coconut Grove Civic Club (the "Club") or, if the Club no longer exists, then the Coconut Grove Village Council (the "Village Council"). If neither the Association, the Club nor the Village Council nor any specific successor of the Association, the Club or the Village Council exists and/or are not functioning entities then the Owners may file the application for a Modification without their prior approval. Modification of this Declaration shall require the affirmative approval of four (4) members of the City Commission of the City of Miami, including the Commissioner whose district includes the Property. Should this Declaration of Restrictions be so modified, amended or released the City Attorney will execute a written instrument in a form acceptable to him or her, effectuating and acknowledging such modification, amendment , or release. 2 73190/10765 # 673054 v 6 (6) Enforcement. The Owner hereby grants the right to enforce this Covenant to the City and the Association. If the Association ceases to exist or function then the Club may enforce the Covenant and if the Club ceases to exist or function then the Village Council may enforce the Covenant. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any 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 may adjudge to be reasonable for the services of their attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. (7) (8) (9) Authorization to Withhold Permits or Inspections-. In the event the terms of this Declaration are not being complied with, in addition to any other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as such declaration is complied with. Term. This declaration shall run with the land and shall be binding on all parties and all persons claiming under it for a period of forty (40) years from the date the Declaration is recorded, after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the then Owners of the Property has been recorded agreeing to change the covenant in whole or in part, provided that such Declaration has first been modified by the City of Miami, or any such successor municipal corporation. Election of Remedies. 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. (10) Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. (11) Recording. This Declaration shall be filed of record in the public records of Miami -Dade County, Florida at the cost of the Owner as provided in Section 3 of this Declaration. The Owner shall furnish a copy of the recorded Declaration to the City. 3 73190/10765 # 673054 v 6 Signed, witnessed, executed and acknowledged this day of , 2004. Owner: Ransom Everglades School, Inc., a Florida not -for -profit corporation ATTEST: Corporate Secretary (AFFIX SEAL) STATE OF FLORIDA ) SS. COUNTY OF MIAMI-DADE By: The foregoing instrument was acknowledged before me this day of 2004 by , on behalf of the company, who is personally known to me or produced a valid drivers license as identification. My Commission Expires: Notary Public Sign Name: Print Name: 4 73190/10765 # 673054 v 6 EXHIBIT Lots 7, 8, 9, 10, 11, 12, 13, 1.4, 15, 1.6 and the 15' wide alley between, all being a portion of Block A of the plat of Biscayne Park Terrace Subdivision as recorded in Plat Book 2 at Page 36 of the Public Records of Miami -Dade County, Florida.