HomeMy WebLinkAboutSubmittal (2)This instrument prepared by
and when recorded return to:
Ben Fernandez, Esq.
Bercow & Radell, PA
200 South Biscayne Boulevard
Suite 850
Miami, Florida 33131-5340
(Space Above For Recorder's Use Only)
DECLARATION OF USE RESTRICTIONS
The undersigned, 1622 Investment Corp, a Florida corporation having its offices at 655
West Flagler Street, Suite 201, Miami, FL, 33125, 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: 1622, 1630 & 1632 NW 22"d 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:
1 That Development on the property shall not exceed a maximum height of
120 feet;
2. That the Property shall be developed with no more than 136 residential
units;
3. That any parking garage shall be entirely lined with habitable space along
waterfront areas;
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM Pii ON 6.-023- oc.
cile lb 01+-00512
4. That the owners shall not apply for any variances from the City of Miami
Zoning Ordinance in relation to residential development on the Property;
and
5. That any building on the Property shall be setback a minimum of 20 feet
from the edge of water; and the setback area shall incorporate enhanced
greenscapes;
A. Conditions Precedent. This Declaration shall become final and shall be recorded
in the Public Records of Miami -Dade County, Florida upon the approval by the
City Commission of the City of Miami, and expiration of all applicable appeal
periods of this Modification of Declaration of Restrictive Covenants.
B. 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.
C. Modification, Amendment, Release. This instrument may be modified,
amended, or released as to any portion of the Property by a written instrument
executed by the then Owners of the fee -simple title to the land to be affected by
such modification, amendment or release, providing that same has been approved
by the City of Miami City Commission after a public hearing which public
hearing shall be applied for at the expense of the Owners. Upon approval of such
modification amendment or release as specified herein, the Director of the City of
Miami's Planning Department or his successor shall execute a written instrument
in recordable form effectuating and acknowledging such modification,
amendment or release in a form acceptable to the City Attorney.
D. Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants. This enforcement provision
shall be in addition to any other remedies available at law or in equity or both.
E. 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 fully complied with.
F. Term. This declaration shall run with the land and shall be binding on all parties
and all persons claiming under it for the initial period of time 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 an
instrument signed by the then Owners of the Property is recorded agreeing to
change the covenant in whole or in part, provided that such instrument has first
been modified by the City of Miami, or any such successor municipal corporation.
Any modification, amendment or release will require the written approval of the
Planning Director and must be approved as to legal form by the City Attorney.
G. 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.
H. 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.
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 the City of Miami City Clerk, 3500 Pan
American Dr., Miami, Fl. 33133 with a recorded copy within thirty (30) days of
recordation.
[Execution Pages Follow
ACKNOWLEDGMENT
INDIVIDUAL
Signed, witnessed, executed and acknowledged on this day of
, 2005.
WITNESSES:
Signature 1622 Investment Corp. by and through
its President
Print Name
Signature
Print Name
STATE OF
COUNTY OF
ATTEST:
Corporate Secretary
(Affix Corporate Seal)
The foregoing instrument was acknowledged before me by
who is personally known to me or has produced , as identification.
Witness my signature and official seal this
in the County and State aforesaid.
My Commission Expires:
day of , 2005,
Notary Public -State of
Print Name
ACKNOWLEDGMENT
INDIVIDUAL
Signed, witnesSed, executed and acknowledged on this day of
2005.
WITNESSES:
Signature Patrick Karakadze
Print Name
Signature
Print Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by
who is personally known to me or has produced , as identification.
Witness my signature and official seal this
in the County and State aforesaid.
My Commission Expires:
day of , 2005,
Notary Public -State of
Print Name
ACKNOWLEDGMENT
INDIVIDUAL
Signed, witnessed, executed and acknowledged on this day of
, 2005.
WITNESSES:
Signature Curtis B. Van Sant
Print Name
Signature
Print Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by ,
who is personally known to me or has produced , as identification.
Witness my signature and official seal this day of , 2005,
in the County and State aforesaid.
My Commission Expires:
Notary Public -State of
Print Name
ACKNOWLEDGMENT
INDIVIDUAL
Signed, witnes'sed, executed and acknowledged on this day of
, 2005.
WITNESSES:
Signature Jose A. Rado
Print Name
Signature
Print Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by
who is personally known to me or has produced , as identification.
Witness my signature and official seal this
in the County and State aforesaid.
My Commission Expires:
day of , 2005,
Notary Public -State of
Print Name