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HomeMy WebLinkAboutSubmittal-Declaration of Restrictive CovenantsSUBMITTED INTO THE PUBLIC RECORD FOR ITEM'z2,_ON 7-27-0, . 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 day of 2007, by Prema, 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 SD-6 Central Commercial Residential District; 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 property shall be developed in substantial compliance with the approved site plans entitled "Max Miami" prepared by DB Lewis Architecture + Design, dated revised May 18, 2007, and consisting of 58 pages. 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. B. 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. Submitted Into recor in 7:.onnect'ion with Z 21 _pi, 9-27-07 so nj t�. 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] SUBMITTED INTO THE PUBLIC RECORD FOR lTEM('zz, ON '?-Z7- 07. ACKNOWLEDGMENT Signed, witnessed, executed and acknowledged on this day of , 2007. Witnesses: Signature Print Name Prema, LLC By: Title: Signature Address: Print Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me by the of Prema, 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 SUBMITTED INTO THE PUBLIC RECORD FOR hLz_ZLON 9-n-o7. EXHIBIT A Legal Description: Lots 5, 6, 7, 8, 9, and 12, Block 8 or ROBBINS, GRAHAM, AND CHILLINGWORTH SUBDIVISION, according to the plat thereof, recorded in Plat Book A, at Page 49% of the Public Records of Dade County, Florida, less the East 10 feet of Lots 5, 8, 9, and 12 and less the South 5 feet of Lot 12. TOGETHER WITH: Lots, 1, 2, and 3, Block A, of T.W. PALMER'S RESUBDIVISION, according to the Plat thereof, recorded in Plat Book 4, at Page 60 of the Public records of Miami -Dade County, Florida, less the South 10.00 feet of Lot 3. Property Address and Folio Numbers 1603 NE Miami Place 01-3136-008-0030 1611 NE Miami Place 01-3136-008-0020 1615 NE Miami Place 01-3136-008-0010 1621 NE Miami Place 01-3136-005-0370 1631 NE Miami Place 01-3136-005-0360 1604 NE 1st Avenue 01-3136-005-0390 1622 NE 1st Avenue 01-3136-005-0380 1630 NE 1st Avenue 01-3136-005-0350 SUBMITTED INTO THE PUBLIC RECORD FOR ITEMrzz1 ON 27O7.