HomeMy WebLinkAboutSubmittalThis instrument prepared by and
after recordation should be retumed to:
Jerry B. Proctor, Esquire
Bilzin Sumberg Baena Price & Axelrod LLP
2500 Wachovia Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131-5340
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this / 7 day of
, 2006, by Allapattah Baptist Church (the "Owner"), in favor of the City of
Miami, Florida, a municipality of the State of Florida (the "City").
WITNESSETH:
WHEREAS, the Owner hold Fee -simple title to certain property in the City of Miami,
Florida, at 1720-1771 N.W. 33 Terrace, Miami, Dade County, Florida, and legally described as:
Lot 3, Less the East 6.39 feet and Less the West 22.51 feet of the East 28.9
feet of the South 30 feet thereof, and all of Lots 4 and 5, in Block 2 of
'LAVONIA PARK SUBDIVISION", according to the plat thereof as
recorded in Plat Book 9, at Page 113, of the Public Records of Miami -Dade
County, Florida.
(the "Property"); and
WHEREAS, the Owner is presently the applicant before the City of Miami City
Commission for a change to the Zoning Atlas and Comprehensive Plan Amendment; and
SUBMITTED NTO THE
PUBLIC RECORD FOR
MIAMI 1008970.3 7627324183
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SubmjEb
record in cone
item /1-11 on ?-110
Priscilla A. Thompson
City Clerk
WHEREAS, the Owner is desirous of making a binding commitment to assure that the
Property shall be developed in accordance with the provisions of this Declaration;
NOW THEREFORE, the Owner voluntarily covenants and agrees that the use of the
Property shall be limited to residential uses.
(1) Condition Precedent. This Declaration shall become final and shall be recorded in the
Public Records of Miami -Dade County, Florida only upon, and is expressly conditioned
upon, the approval by the City Commission of the City of Miami, and expiration of all
applicable appeal periods of (a) the redesignation of the Future Land Use of the Property
as Restricted Commercial; (b) rezoning the Property to C-1 (Restricted Commercial);
(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 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 assign, 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.
(3)
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 al
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. Should this Declaration of Restrictions be so modified, amended
or released by the City Attorney will execute a written instrument in a form acceptable to
him or her, effectuating and acknowledging such modification, amendment, or release.
(4) Enforcement. Enforcement shall be by action against any parties or person violating, or
attempting to violate, any covenants. The prevailing party is any action or suit,
MIAMI 1008970.3 7627324183
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(5)
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. The attorney's fee provision shall not apply
against the City of Miami which cannot pay the attorney's fees of a private party. This
enforcement provision shall be in addition to any other remedies available at law or
equity or both. Venue in any proceedings shall be in Miami -Dade County.
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.
(6) 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.
(7)
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.
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 provide a recorded copy to the Planning Director of the
City of Miami, 444 SW 2" Avenue, 3Td Floor, Miami, Florida 33130-1910.
MIAMI 1008970.3 7627324183
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Submitted Into the public
record in connectio wi h
item 'Z. !'I on '- oc.
Priscilla A. Thompson
City Clerk
Submitted Into the public
record in connection with
item ?Z.1'1 on it \ t os.
Priscilla A. Thompson
City Clerk
(10) Development in Accordance with future Site Plan. The Property will be developed
substantially in accordance with the spirit and intent of the future Site Plan(s) to be
submitted by the Owner to the City of Miami, and as approved by the City of Miami,
which Site Plan(s) once submitted and approved, will be deemed as being incorporated
by reference herein.
Print Name
O fed"/ J ' P's5,6
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
ACKNOWLEDGMENT
CORPORATION
) ss.
Owner:
ALLAPATTAH BAPTIST CHURCH,
a not -for -profit Florida corporation
ame: Richard A. Pankey
Its: President
41,
The foregoing instrument was acknowledged before me this /7 day of Apr I
2006 by Richard A. Pankey, as President of said corporation, who is personally known to me or
produced a valid driver's license as identification.
My Commission Expires:
JUDY SAAVEDRA
:ir_ MY COMMISSION # DD 503897
EXPIRES: January 4, 2010
Bonded Thru Notary Public Undeiwrttors
Notary Public
Sign Name:
Print Name:
MI.AMI 1008970.3 7627324183
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