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Home My WebLink AboutExhibit 2Prepared by and please return this instrument after recordation to: Iris Escarre, Esq. Greenberg Traurig 1221 Brickell Avenue Miami, Florida 33131 Reserved for Recording DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENT that the undersigned, FIRST STREET LANDOWNERS, a Florida Limited Liability Company ("Owner") hereby makes, declares and imposes on the land herein described, this Declaration of Restrictive Covenants in Lieu of Unity of Title (the "Declaration"), and the covenants running with the title to the land contained herein, which shall be binding on the Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the fee simple owner of that certain property located at approximately 119 SW 6`h Avenue and 574 SW 1" Street, Miami, Florida, in Miami - Dade County, more .particularly described on Exhibit "A," attached hereto and incorporated herein (the "Property"); and NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby agrees as follows: 1. The Owner of the Property hereby agrees and declares that (i) for the purpose of determining compliance with all aspects of the Zoning Ordinance of the City of Miami, including without limitation, FAR, setbacks, and design review standards, parking, etc., the Property shaII be considered as one plot and parcel of land, and (11) so long as this instrument shall remain in effect, any and all conveyances or transfers of all or any portion of the Property by the Owner, its grantees, successors and assigns, shall be subject to the terms and restrictions of this Declaration as if any such grantee, successor, or assign, were a party hereto or a signatory hereof. 7. In the event of multiple ownership subsequent to the approval of the covenant in lieu of unity of title, each of the subsequent owners shall be bound by the terms, provisions and conditions of this covenant. Further, except for sales to condominium owners, the owner agrees that it will not convey portions of the subject property to such other parties unless and until the owners and such parties shall have executed and mutually delivered, if applicable and necessary, in recordable form an instrument to be known as an "easement and operating agreement" which shall contain, if applicable: (i) Easements in the common area of each parcel for ingress to and egress from the other parcels; (ii) Easements in the common area of each parcel for the passage and parking of vehicles; (Hi) Easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) Easements for access roads across the common area of each parcel to public and private roadways; (v) Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (vi) Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; (vii) Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction Improvements such as footing, supports and foundations; *(viii) Easements on each parcel for attachment of buildings; (ix) Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the ike; (x) Appropriate reservation of rights, to grant easements to utility companies; (xi) Appropriate reservation of rights to road rights -of -way and curb cuts; (xli) Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; (xiii) Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like; and 2. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the following: (i) then owners of the Property (or if any portion of the Property has been submitted to the condominium form of ownership, then by the association established to operate the condominium in lieu of all of the owners thereof) AND (ii) the Directors of the Departments of Public Works, Planning, Zoning, and Building of the City of Miami, subject to the approval of the City Attorney as to legal form, or their respective designees or successors, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Property for the purposes herein intended. • 3. The provisions of this instrument may be amended, modified or released by a written instrument executed by the following: (i) then owners of the Property (or if any portion of the Property has been submitted to the condominium form of ownership, then by the association established to operate the condominium in lieu of ail of the owners thereof and the joinder of any mortgagees(s) if there are any mortgages on the Property) and provided same is also approved by the Directors of the Departments of Public Works, Planning, Zoning, and Building of the City of Miami, and in a form approved by the City Attorney. Should this Declaration of Restrictive Covenants be so modified, amended or released, the directors of the departments of Public Works, Planning, Zoning, and Building of the City, or their respective designees or successors, shall forthwith execute a written instrument effectuating and acknowledging such amendments, modifications or release. 4. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants in this Declaration. The prevailing party to 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 ofhis/her attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 5. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. 6. 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 as may be available to it. 8, This Declaration shall be recorded in the Public Records of Miami -Dade County at the Owner's expense within ninety (90) days of its acceptance by the City of Miami. The City of Miami City Clerk, 3500 Pan American Drive, Miami, FL 33133 shall be promptly furnished with a recorded copy of this Declaration, Signed, witnessed, executed and acknowledged this 17 day oft, 2006. Witnesses M Print Name: Print Name: FIRST STREET LANDOWNERS, LLC By: ( tg/ STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE) The oregain instrument wa knowledged before me this/2 day of ti.54 2006, by 4,d0°1,, as a-Y/ aor" of First Street Landown6 LLC. Personally Known or Produced I entification Type of Identification Produced Print or Stamp Name: Notary Public, State of Commission No.: N/A My Commission Expire APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ City Attorney APPROVED: APPROVED: S SLA Zo ing Administrator APPROVED AS TO CONFORMITY WITH THE FLORIDA BUILDING CODE: ANA GELABERT-SANCHEZ HECT R LIMA Director of Planning APPROVED. STEPHANIE N. GRINDELL Director of Public Works Director of Building Department