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Home My WebLink AboutSubmittal Declaration of Rest. CovenantsGrape Associates, LLC City Commission PZ 6 PZ 7 May 24, 2007 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM S.42i ONsayo • BERCOW RADELL & FERNAN DEZ 0‘ vz„.... ci„.&,,,t,4, "Ail epAik,€-4,---,15 This instrument was prepared by and after recordation return to : Name: Ben Fernandez, Esq. Address: Bercow & Radell, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this 22 day of NA-'/ 2007, by Grape Associates, LLC (hereinafter referred to as the "Owners"), are in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter referred to as the "CITY"). WITNESSETH WHEREAS, the Owners sought and obtained a rezoning pursuant to Ordinance No. , for the property located at and being legally described as: (See attached exhibit "A"). WHEREAS, on , 2007 the City Commission approved the rezoning of the Property to Restricted Commercial; WHEREAS, the Owners are desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein. NOW THEREFORE, the Owners voluntarily covenant and agree that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owners of the Property, and its heirs, successors and assigns as follows: Section 1. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Owner hereby makes the following voluntary declarations running with the land concerning the use of the Property: A. That the C-1 Restricted Commercial zoning uses described on Exhibit B shall be prohibited on the Property. B. That development on the Property shall not exceed 57 feet in height. C. That the maximum leasable floor area of all combined uses on the Property shall not exceed ten thousand (10,000) square feet. D. That the development on the Property shall obtain a minimum Silver rating under the Leadership in Energy and Environmental Design" LEED", Green Building Rating system from the U.S. Green Building Council. E. The undersigned further agrees that these conditions, restrictions and limitations shall be deemed covenants running with the land, shall be recorded in the Public Records of Miami -Dade County, by the Owner within thirty (30) days of acceptance by the City and the Owners shall provide the City Department of Hearing Boards with a recorded copy within such time. The covenants shall remain in full force and effect and be binding upon the undersigned, their heirs and assignees until such time as the same may be released in writing by the City of Miami City Commission after a public hearing which public hearing shall be applied for at the expense of the Owners or his/her designated representative. Section 3. Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property shall be binding upon Owners, their successors and assigns. These restrictions shall be a limitation upon all present and future Owners of the Property and shall be for the public welfare. Section 5. Amendment and Modification. 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 Zoning Board or City Commission after a public hearing which public hearing shall be applied for at the expense of the Owner. Upon approval of such modification amendment or release as specified herein, the Director of the City of Miami's Planning Department or her successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Such instruments shall be in a form acceptable to the City Attorney. Section 6. Inspection and Enforcement. An enforcement action may be brought by the City by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. This enforcement provision shall not apply against the City of Miami. Section 7. Severabilitv. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full effect. Section 8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owners. [Signature Page(s) to Follow] ACKNOWLEDGMENT Signed, witnessed, executed and acknowledged on this ' day of , 2006. Signature 6tc.0 Se_,A1 Print Name Grape Associates, LLLC e42fz CAI' By: lt/2na E/f-e s Title: fire 54, Signature Address: ` As4 - ,- Print Name STATE OF n l,' C.Lt COUNTY OF VI/VA is U —O s)/7F 902 54' '5i/9 �� Zram' The forgoing instrument was acknowledged before me the Pit l �(i Air pi( of Grape Associates, LLC. They are me orave produced Df u' 4-,3 identification. Witness my signature and official seal this '2 -day of County and State aforesaid. My Commission Expires: ERICKA M. BARQUIN Notary Public - State of Florida Commission Expires Jun 8, 2010 Commission 8 DD 581903 Bonded AkaLoL by '\C tff4 k -S ❑ personally known to as 2007, in the Notary Public State of C>1d..0 �6Ck_Li Ear ‘i Print Name EXHIBIT A Legal Description: Lot 4, Block 1 of "John F. Collins Property to Buena Vista" according to the Plat thereof as recorded in Plat Book 1 at Page 53 of the Public Records of Miami -Dade County, Florida. Property Address: 402 NE 36 Street, Miami, Florida 33137 347NE 35 Terrace, Miami, Florida 33137 Miami -Dade County Folio Nos.: 01-3230-004-0060 and 01-3230-004-0050 EXHIBIT B All retail uses permitted under the C-1, Restricted Commercial Zoning District. r (LA Dux vt 'NH Signature NATIONAL CONSTRUCTION RENTALS OFFICE: (954) 985-0277 FAX: (954) 965-3584 EMAIL JFaIIon®RentNational.Com ■ CONSTRUCTION QUOTE LESSEE:Grapet & Asso. LLC CSRJsnatto Fallon CRITeY1LWTE:S/22/07 8:47 AM Aap U& CRT: STATE: iFCm8 ORDERED IMElenna Eltes REVISEDDATE:5/22/07 8:56 AM OF FICEP:3053329900 MXe3055387725 CELIA Jobsita Information Alma PtIo1nN/A P.tif : MOIEes402 Ne 36th Street arMiami uTATE:FLORIDA iP 6806 INTACT: CELL eaianDADE SERVICING FROM:II . HoLL M00D WMEOTOWTE TM BERM Blifne Information SIWNR Zia CODE P.O. Regimd* e CRT MATE: COMM "OM Any homes Requhanallo faPramals d PAmnnt Mo TIERt C.o.o. ACCOUNTS : Now RO4: Now SITES :New APPROVAL] Sifts SERVICE AREA lone INSTALLATION DATE: REMOVAL DATE: ALL PRODUCTS RENEW EVERY 29 DAYS RL#rAt. DESCRIPTION aMET I1urMLe RATE U011 80 INSTALL 6' CHAIN LINK & POUNDED POSTS S0.10 PLF S0.00 1 INSTALL 6 x 12 SWING GATE S6.00 EACH S0.00 $0.00 S0.00 S0.00 S0.00 0 INSTALL MINIMUM CHARGE S350.00 EACH S0.00 S0.00 50.00 S0.00 « UNDERGROUND UTILITY LOCATES» aim moil itoOlRttLYNOTOTALS 50.00 PRNATEProperq: NO TlCIIMTi: LOCATOR:stets NE DATE ORDERED: EXPIRES: c<PRNATE LOCATORS ME SUBJECT TO ADDITIONAL. CHARGES:: GRAND TV PREVAILING WAGE PROJECTS SUBJECT TO DIFFERENT PRICING Quoted quanties may very when actual work is performed due to site layouts site conditions, or site contact. Any Extra Charges, such as Coredrili, Hand Corry, Hsnd Pound, ect., %SI be determined on site day of installation. Prices include a One Time Install and a Ono Time Removal. Any Trip Charges, Partial Removals, end Add Ons are subject to additional charges $8.00 S6.00 S14.00 I COD. amines s oaf 4 lloshiloli booboo X 4 4I.nIMI .Tetdl • $56.00 VITAL WALL NNINTHLY WINTOTAL $56.00 TMI 7.00°b 559.92 $3.92 To EQUIP wr Plano fRIin'8ttJN0'nd° Udarinman.Thai iorInd fox book to(914)103. Print Name Position 3314 Dote NET 30 Days Available with Approved Credit/C.O.D's Must Have Credit Card or Certified Funds * Permits, Underground Utilities, end any Sprinkler or Irrigation lines are the Responslity of the Customer 'I INPlease Allow 10 -14 Days For Fence Removal < SPECIAL INSTRUCTIONS >: Permit is the responsibility of the customer Please allow 5.7 days for locates to be called after we have signed quote DIRECTIONS: < RISTALLaR'S INSTRUCTIONS > 'S V7.7 NATIONAL CONSTRUCTION RENTALS OFFICE: (954) 965-0277 FAX: (954) 965-3564 EMAIL: JFallon@RsntNational.Cont • CONSTRUCTION QUOTE LESSEE:Gropo & Asso. LLC CfRJanette Fallon aNEe.LDATE:5/22/07 8:47 AM WADE atV: *TAM ZP000E: OWtEDIFElanna Eltes RIWIEDOATE:S/22/07 8:57 AM OFFICEI:3053329900 T+ A30553I7725 CELIA Jobsito Information AI NAIVE wtaual:N/A P.0.11: monee402 Ne 36th Street arr:Miemi *TATE:FLORIDA ZP 000E CONTACT: a31A oolorn:DADE SERVICING FROM:1ef.i W 000 Taiga ToETE TAIVIEYW: Billing Information pw, ZP OOOE P,O. Ree rsd No WY: (VATS: My humid, RegirerrandforProceed%ho dPildnenIffin tR1181 C.O.D. ACCOUNT*: Now ROh+I : Now SITE* : New APPROVAL: MISFIRE& 3D0r)fs SERVICE AREA: DAV INSTALLATION DATE: REMOVAL DATE: ALL PRODUCTS RENEW EVERY 29 DAYS NM PS. DEI GRIPTI0N NEW WW1 NOM RATE II L 80 INSTALL V CHAIN LINK & POUNDED POST S2.89 S0.20 PLF S231.20 1 INSTALL 8 x 12 SWING GATE S135.00 S9.00 EACH S135.00 S0.00 S0.00 S0.00 S0.00 0 INSTALL MINIMUM CHARGE S350.00 EACH S0.00 S0.00 , S0.00 S0.00 « UNDERGROUND UTIUTY LOCATES » mina oinmiau mtvauvvur*U S366.20 PRIVATE Property: NO TlCIOL't'.: LOCATOR:alN514NE errrrlh>wJ :pum.v Iorri . S16.00 S9.00 S25.00 NI SOS. canteen par 4IaMMeh la sedum X 4 4Uin hRV Tad • S100.00 INITIAL WALL aE INTNLTwNT01AL S466.20 DATE ORDERED: EXPIRES: Tim' 7.00"% S32.63 4-PRIVATE LOCATORS ARE SUBJECT TO ADDITIONAL CHARGES» BAND Tor N,J S498.83 PREVAILING WAGE PROJECTS SUBJECT TO DIFFERENT PRICING Quoted quanties may very when actual work is performed due to site layouts, site conditions, or site conteCt. Any Extra Charges, such as Coredrill, Hand Carry, Hand Pound, act., will be determined on site day of insteliation. Prices indude a One Time Install and a One Time Removal. Any Trip Charges, Partial Removals, and Add Ons are subject to additional charges To'ICHE01RE' veirIL Musa NI In "OWNS' and'roN61mE' InrarrnaNan. Than'SKtN' and he balkto (154 9SIA004 Signature Print Name Position Date NET 30 Days Available with Approved Credit / C.O.D's Must Have Credit Carp or Cert111ed Funds * Permits, Underground Utilities, and any Sprinkler or Irrigation lines are the Resoons'bill of the Customer WPlease Allow 10 -14 Days For Fence Removal < SPECIAL INSTRUCTIONS >: Permit is the responsibility of the customer Please allow 5.7 days for locates to be called after we have signed quote DIRECTIONS: < INSTALLER'S INSTRUCTIONS ) v7,7