HomeMy WebLinkAboutDeclaration of Covenants5This instrument prepared hy, 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
Coiporation 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 98 NW 27th Street, Miami, Florida 33127, legally describe as
Lot 12, Blockl, Amended Plat of Donmoore Villa, according to the plat thereof as
recorded in Plat Book 6, Page 7, 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 ($8,099.00) 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 time 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 Covenant. 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.
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 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 \ T-N
Co1T . the
za T.
lafael He / andez Housing & Economic Development Corp. ("the Owner")
S WHEREOF, Janitza T, Kaplan, Executive Director of RHHED,
dersr; ned-has t kris and/nd sal this 18 day of May, 2007.
arr EZecu ive'Dire for
WITNESSED BY:
Name: -A'' (241
BY:
L
Authorized General Partner
Authorized to bind the Owl
STATE OF FLORIDA )
COUNTY OF MIAMI DADE )
/ �/�� to j
an,(EecutiJve Director of RHHED, Corp.
The foregoing instrument was acknowledged before me this f :`, ✓ day of
1276 {-r--m, 2007 by Janitza T. Kaplan, as Executive Director to Rafael Hernandez
Housing !& Economic Development Corp. She .personally appeared before me_,___is..
personally known to me or produced as identification.
s
owt P, Iola Galban
7 My Commission DD122336
or rL/ Expires June 12, 2007
Name:
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Notary Public, State of Florida,
CornxnissionNo.
My commission expires:
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
City Attorney