HomeMy WebLinkAboutsubmittal 1 - declarationThis Instrument was Prepared by:
Name:
Address:
Folio Nos.
Ines Marrero-Priegues, Esq.
Akerman, Senterfitt & Edison, P.A.
One Southeast Third Avenue, 28th Floor
Miami, Florida 33131
01-4116-009-1960
01-4116-009-1970
01-4116-009-1980
(Space Reserved for Clerk of the Court)
DECLARATION OF RESTRICTIVE COVENANTS
WHEREAS, Coral East Development, Corp., a Florida corporation, (the "Owner"),
holds the fee simple title to that certain parcel of land located generally at 3545, 3541 and 3525
S.W. 22 Terrace in Miami, Florida, which is more particularly described in Exhibit "A" to this
Declaration (the "Property").
WHEREAS, the Owner has filed an application requesting a change of zoning for the
Property from R-2 Two Family Residential to C-1 Restricted Commercial with an SD-23 Coral
Way Special Overlay District (City of Miami Hearing Boards Application No. 2004-0795, the
"Rezoning Application"); and
NOW THEREFORE in order to assure the City that the representations made by the
Owner during consideration of the Owner's Rezoning Application, will be abided by, the Owner
freely, voluntarily and without duress, makes the following Declaration of Restrictions covering
and running with the Property:
1. Development in Accordance with Site Plan.— That the Property will be
developed substantially in accordance with the spirit and intent of plans
previously submitted, prepared by Form Group, Inc., entitled "Keystone Villas II"
(M2130213;1)
0/4 v,4,
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM PZ.3g ON T-027-bil.
Declaration of Restrictive Covenants
Page 2 of 5
dated May 4, 2004 and consisting of 12 pages, said site plans being on file with
the Planning and Zoning Department and also filed with the Planning and Zoning
Department in connection with a Class II Special Permit for the Property and by
reference made a part of this Declaration.
2. 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, at the
Owner's expense, in the public records of Miami -Dade County, Florida, and shall
remain in full force and effect and be binding upon the undersigned Owner, and
their heirs, successors and assigns until such time as the same is modified or
released. The Owner shall furnish the City Clerk with a recorded copy of this
Declaration. These restrictions during their lifetime shall be for the benefit of,
and limitation upon, all present and future owners of the real property and for the
public welfare.
3. Term. This Declaration is to run with the land and shall be binding on all parties
and all persons claiming under it for a period of thirty (30) years from the date that
this 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, owner(s) of the Property has been recorded agreeing to change the covenant
in whole, or in part, provided that the Declaration has first been modified or
released by the City of Miami, or any such successor municipal corporation.
{M2130213;1)
Declaration of Restrictive Covenants
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4. Modification, Amendment, Release. This Declaration of Restrictions may be
modified, amended or released as to the land herein described, or any portion
thereof, by a written instrument executed by the, then, owner(s) of that portion of
the Property, including joinders of all mortgagees, if any, provided that, as a
condition precedent to such modification, amendment or release, the same is also
subject to the approval of the City Commission, or other procedure clearly
evidencing City of Miami approval then expressly permitted under the City of
Miami Code of Ordinances, after a noticed public hearing, if required.
5. Should this Declaration of Restrictions be so modified, amended or released, the
City Attorney, shall forthwith execute a written instrument effectuating and
acknowledging such modification, amendment or release providing that it is in a
form reasonably acceptable to the City Attorney.
6. 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 court costs and disbursements allowed by law, such sum as the Court
may adjudge to be reasonable for the services of his attorney. This enforcement
provision shall be in addition to any other remedies available at law, in equity or
both.
7. Authorization to Withhold Permits and Inspections. In the event the terms of
this Declaration are not being complied with, in addition to any other remedies
{M2130213;1 }
Declaration of Restrictive Covenants
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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 this Declaration
is complied with.
8. 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.
9. Presumption of Compliance. Where construction has occurred on the Property
or any portion thereof, pursuant to a lawful permit issued by the City and
inspections made and approval of occupancy given by the City, then such
construction, inspection and approval shall create a permissive presumption that
the buildings or structures then constructed comply with the intent and spirit of
this Declaration.
10. Severability. Invalidation of any one of these covenants, by judgment of Court,
shall not 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. The Owner shall promptly furnish the City Clerk
with a recorded copy.
{M2130213;1 }
Declaration of Restrictive Covenants
Page 5 of 5
ATTEST:
Sign
Print Name (_/ c n. ncs1/4.j`c--.. rel
Print Name
STATE OF FLORIDA
COUNTY OF MI_AMI-DADE )
c—t,
Coral East Development Corp., a Florida
corporation - r
Signature
Print tA►
Title rtsi�.,
Address
The foregoii,rI instrument was acknowledged berme me this
�SedQ
a Florida corporation - on behalf of the corporation: He or she is personally known to me or has produced
2004. by �ge L /-ticoUi'll?,, as _
10 N.W. 42 Avenue
Suite 400
Miami, FL 3312E
day of 5 /67,4 �'/Z-.
as identification and did take an oath.
NOT
Si
Prim
of Coral East Development Corp.,
State of Florida at Large (Seal)
My Commission Expires.
ok 341.% Maria A. Garcia
Commission # DD334669
Expires August 7, 2008
OF Pw aontlad Troy Faln • Inaunnca, inc. BOO-34354M
M2130213;1
Declaration of Restrictive Covenants
Page 6 of 5
Exhibit A
Legal Description
Lots 20, 21 and 22, less the south 10 feet of said lot 22, Block 5, Amended Plat of
Miami Suburban Acres subdivision, according to the Plat thereof as recorded in
Plat Book 4 at Page 73 of the Public Records of Miami Dade County, Florida
Folio Nos. 01-4116-009-1960
01-4116-009-1970
01-4116-009-1980
{M2130213;1 }