HomeMy WebLinkAboutsubmittal declaration of restrictive covenantsSUBMITTED INTO THE
PUBLIC RECORD FOR
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This instrument was prepared by and after recordation return to :
Name: Ben Femandez, 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 day
of 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.
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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. 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
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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
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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. Severability. 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]
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ACKNOWLEDGMENT
Signed, witnessed, executed and acknowledged on this day of
, 2006.
Witnesses:
Signature
Print Name
Grape Associates, LLC
By:
Title:
Signature Address:
Print Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by
the of Grape Associates, LLC. They are ❑ personally known to
me or ❑ have produced , as
identification.
Witness my signature and official seal this day of 2007, in the
County and State aforesaid.
Notary Public State of
My Commission Expires: Print Name
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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
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EXHIBIT B
All retail uses permitted under the C-1, Restricted Commercial Zoning District.
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