HomeMy WebLinkAboutSubmittal Declaration of Rest. CovenanantsThis instrument prepared by and,
when recorded, should be returned to:
A. Vicky Garcia -Toledo, Esquire
Bilzin Sumberg Baena Price & Axelrod LLP
2500 Wachovia Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131
SUBMITTED INTO THE
PUBLIC RECORD FOR
TEMzia ON 7/.6/6-7
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(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
The undersigned owners ("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 as follows:
Lots 11 and 12, Block 68 of EAST SHENANDOAH, according to the Plat
thereof, as recorded in Plat Book 14, at Page 55, of the Public Records of
Miami -Dade County, Florida.
Street Address: 1292 SW 21 Terrace, Miami, Florida &
2149 SW 13 Avenue, Miami, Florida
IN ORDER TO ASSURE the City of Miami that the representations made to them by
the Owners in connection with that certain public hearing application for an amendment to the
Miami Comprehensive Neighborhood Plan and that certain public hearing application for an
amendment to the Zoning Atlas and/or Overlay District (collectively, the "Applications") will be
abided by the Owners, their heirs, successors or assigns freely, voluntarily and without duress ,
Owners make the following Declaration of Restrictive Covenants ("Declaration") covering and
running with the Property:
(1) Site Plan. The Property will be developed in substantial compliance with that
certain site plan, on file with the City of Miami, dated September of 2006 and
prepared by Behar Font & Partners, P.A., entitled "Proposed Condominium
Building, Lumiere, 1267 Coral Way, Miami, Florida" (the "Site Plan").
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(2) Art Work. The proposed art work, as depicted in the Site Plan referenced above,
shall not be reduced in scope or size. This limitation shall not preclude the Owner
from enhancing the scope or size of the art work as depicted in said Site Plan.
(3)
Reversion. The development shall be built pursuant to the Site Plan. If the
development is not developed as approved, and pursuant to said Site Plan,
excluding any non -substantial modifications to said Site Plan, then the Property
shall revert back to the Single Family Land Use Designation and Zoning
Designation of R-1, Single Family Residential, with an SD-12 District Overlay.
(4) Conditions 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 Designation of the Property as Restricted Commercial; (b) zoning the
Property to C-1, Restricted Commercial; and (c) any other special permits
required by the Zoning Ordinance of the City of Miami, including, but not limited
to a Class II Special Permit.
(5)
Covenant Running with the Land. This Declaration on the part of the Owners
shall constitute a covenant running with the land and shall be recorded in the
public records of Miami -Dade County, Florida and shall remain in full force and
effect and be binding upon the Owners and their heirs, successors and assigns,
until such time as the same is modified or released. These restrictions shall be for
the benefit of, and limitation upon, all present and future owner(s) of the Property.
(6) 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 or portion
thereof provided that the same is also approved by the City of Miami, Florida,
after public hearing with, at a minimum, written notice to all property owners
within 500 feet of the Property shown on the Miami -Dade County tax rolls as of
the date of application. Modification of this Declaration shall require the
affirmative approval of a simple majority of the City Commission of the City of
Miami. Any modification, amendment or release shall be in a form acceptable to
the City Attorney.
(7)
Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants of this Declaration. This
enforcement provision shall be in addition to any other remedies available at law
or in equity or both.
(8) 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. Submitted Into the public
reco ilconnection with
item s2 on 1::_€%
2 Priscilla A. Thompson
City Clerk
(9) 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.
(10) Recording. This Declaration shall be filed of record by the Owners in the public
records of Miami -Dade County, Florida at the cost of the Owners as provided in
Section 4 of this Declaration. The Owners shall promptly furnish the Department
of Hearing Boards with a recorded copy of this covenant.
SIGNATURE PAGES FOLLOW
SUBMFnD INTO THE
PUBLIC RECORD FOR
ITEM
3
ATTEST:
CORPORATE SECRETARY
(Affix Corporate Seal)
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI-DADE
Owner:
PALOMO HOLDINGS INC.,
a Florida corporation
as to 2149 SW 13 Avenue, Miami Florida
By:
Mercedes Palomo, President
The foregoing instrument was acknowledged before me this day of February,
2007, by MERCEDES PALOMO, as President and on behalf of PALOMO HOLDINGS INC.,
who is personally known to me or produced a valid driver's license as identification.
My Commission Expires:
Notary Public
Print Name:
SUBMIT1'ED INTO THE
PUBLIC RECORD FOR
1TEM'z,3 ON 7-:4,-0, .
4
Witnesses:
Signature
Print Name
Address:
Signature
Print Name
Address:
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI-DADE
Owner
LUIS PALOMO
as to 1292 SW 21 Terrace, Miami, Florida
By:
Luis Palomo, Individually
The foregoing instrument was acknowledged before me this day of February,
2007, by LUIS PALOMO, an individual, who is personally known to me or produced a valid
driver's license as identification.
My Commission Expires:
Notary Public
Print Name:
SUE3UED INTO THE
PUBLIC RECORD FOR
1TEMpz_,30NE-=�-��
5
Witnesses:
Signature
Print Name
Address:
Signature
Print Name
Address:
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI-DADE
Owner
MERCEDES PALOMO
as to 1292 SW 21 Terrace, Miami, Florida
By:
Mercedes Palomo, Individually
The foregoing instrument was acknowledged before me this day of February, 2007
by MERCEDES PALOMO, an individual, who is personally known to me or produced a valid
driver's license as identification.
My Commission Expires:
Notary Public
Print Name:
t miff ED INTO THE
JBIJCRECORDFOR
iTE1g22.1 OBI,-v- .
MIAMI 1372299.1 7593420919