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HomeMy WebLinkAboutDeclaration of Covenants2This instrument prepared by, and after recording return to: Space Reserved for Clerk of Court Name: Address: Janitza T. Kaplan, Rafael Hernandez Housing & Economic Development Corp. 2400 N. Miami; Avenue, Miami, Miami, Florida 33127 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this 18 of May, 2007 by Rafael Hernandez Housing & Economic Development Corporation having offices at 2400 N. Miami Avenue, Miami, Florida 33127 (the "Owner"), in favor of the city of Miami, Florida, a municipality of the state of Florida (the "City"). WITNESSETH: WHEREAS, the owner holds fee -simple title to certain property in the City of Miami, Florida, located at 3511 NW 1st Avenue, Miami, Florida 33127, legally describe as Lot 29, Blockl, of Wynwood Park, according to the plat thereof as recorded in Plat Book 5, Page 23, of the Public Records of Miami -Dade County, Florida; and WHEREAS, Owner intends to build the above approved development on the Property and has applied to the City of Miami for the waiver of eight thousand and ninety nine dollars (S8 099.00) in developmental impact fees related to the project; pursuant to the eligibility requirements for deferral of impact fees per SS13-80 SS 13-16 City of Miami, City Code being met, as amended and, WHEREAS the Owner is desirous of deferring these developmental impact fees until such time as the property no longer qualifies as an affordable housing development. NOW, THEREFORE, the owner voluntarily covenants and agrees that when the property no longer qualifies as an affordable housing development that the development impact fees that would be normally due at the tune of issuance of this permit for this development would become due and payable to the City and the owner will promptly pay in full within thirty (30) days of such occurrence. The owner agrees that this will be a covenant running with the land and biding upon the Owner of the Property, its successors in interest and assigns, as follows: 1. Recitals. 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. 2. Effective Date. This instrument shall constitute a covenant running with the title of the property and be binding upon owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida, These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the property and for the public welfare. 3. Terms of Covenan'. This voluntary covenant of the part of the owner shall remain in full force and effect and shall be binding upon the owner of the property, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and presuming that the owner is in compliance with every term and condition here shall be automatically extended for two (2) successive period of ten (10) years, unless modified, amended or released prior to the expiration thereof. 4. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the property for the purpose of investigating the use of the property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or to recover damages. This enforcement provision shall be in addition to any other remedies available under law. 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 City of Miami with the approval by the City of Miami City Commission at a public hearing, which public hearing shall be applied for by, and be at the expense of the owner. Any amendment, modification, or release shall be executed by the City Zoning Administrator, his successor or other authorized official, and be a form acceptable to the City attorney. 6. Severability. Invalidation of any one of this covenant by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 7 Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the owner. The owner shall furnish a copy of the recorded Declaration to the City Department of Hearings Boards within thirty (30) days of recordation. IN WITNESS WHEREOF, Janitza T, Kaplan, Executive Director of R.HHED, Corp. thundersigned hasiset his and an c1 seal this 18 day of May, 2007. itza T.,;Executive ector afael H n zdez Housing & Economic Development Corp. ("the Owner") WITNESSED BY: Name: BY: Authorized General Partner i-fr /1/7c..-71 (2 - Authorized to bind the Owner_._ ) oe7 Jani a T. Kapla Xe-cutiT Director of IIHED, Corp. (// STATE OF FLORIDA COUNTY OF MIAMI DADE ) The foregoing instrument was acknowledged before me this ,f,` day of ;`` N,tfr', ‹. t,-- , 2007 by Janitza T. Kaplan, as Executive Director to Rafael Hernandez Housing] & Economic Development Corp. She personally appeared_before._xne, is personally known to me or produced as identification. oci,, Isla Gabon •a• My Commission DD222339 Expires June 12, 2007 Name: -- i `' jc : /L Notary Public, State of Florida, Commission No. :' 71 My commission expires: APPROVED AS TO LEGAL FORM AND CORRECTNESS: City Attorney