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HomeMy WebLinkAboutSubmittal-Draft Declaration of Restrictive Covenants-Tucker Gibbs• —faa0�(ww� • C3C). 'r This instrument was prepared by: D Ri\fr Name: W. Tucker Gibbs, Esq. W. Tucker Gibbs, P.A. Address: 2980 McFarlane Road, Suite 205 Coconut Grove, Florida, 33133 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this _ day of May, 2008, by GV Bimini, LLC, and (hereinafter referred to as the "Owner"), is 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 Owner sought and obtained a land use change and rezoning for the property located at and being legally described as: (See attached exhibit "A") ("Property") WHEREAS, on (insert date of approval here) the City of Miami City Commission approved the land use change to Restricted Commercial and the rezoning of the Property to an SD-2 Coconut Grove Central Commercial District Overlay as more specifically set forth in Exhibit "B" attached hereto; aiorna �a;- SUBMITTED INTO THE PLBLIC RECORD FOR ITEM ! z2;18.ON -a�-c . WHEREAS, the Owner is desirous of making this voluntary binding commitment to benefit the City of Miami as well as the neighbors within the 500 foot radius of the Property that assures that the Property shall be developed in accordance with the provisions of the site plan set forth in Exhibit "C" attached hereto; NOW THEREFORE, the Owner voluntarily covenants and agrees 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 owner of the Property, and its heirs, successors and assigns as follows: Section 1. The recitals and findings set forth in the recitals 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. The Property shall be used solely as set forth in the site plan attached hereto as Exhibit "C" as approved on (insert date of approval here). 2 Submitted into the public record in connection with item PZ.17 & PZ.18 on 06-26-08 Priscilla A. Thompson City Clerk B. If Owner or any successor applies for a zoning approval permitting any substantial change to the site plan said application shall be made only after written approval of 100% of the owners of real property within 500-feet of the property. C. Owner shall include the property in any subsequent application for a major use special permit for any abutting property along Grand Avenue. The declarations in section 2 as set forth herein shall be a voluntary proffer by the owner of the property to the city commission as conditions to the major use special permit. 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 Owner shall provide the city with a recorded copy within such time. E. Section 3. Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running 3 Submitted into the public record in connection with item PZ.17 & PZ.18 on 06-26-08 Priscilla A. Thompson City Clerk OfOff with the title to the Property and shall be binding upon Owner, its 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 4. Amendment, Modification and Release. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then Owner 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 (including any requirements for public notice) be applied for at the expense of the Owner. However, the Owner shall not seek such modification, amendment, or release without first having obtained the written approval of 100% of the owners of real property within 500-feet of the property. Upon approval of such modification amendment or release as specified herein, the Director of the City of Miami's Planning and Zoning Department, or his/her successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Such 4 Submitted into the public record in connection with item PZ.17 & PZ.18 on 06-26-08 Priscilla A. Thompson City Clerk ORAFf instruments shall be in a form acceptable to the City of Miami City Attorney Section 5. 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 attorneys fees. This enforcement provision shall be in addition to any other remedies available under the law. Section 6. 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 7. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. [Signature Pages to Follow] 5 Submitted into the public record in connection with item PZ.17 & PZ.18 on O6--26-W Priscilla A. Thompson City Clerk OW. Signed, witnessed and executed and acknowledged on this day of June, 2008. Witnesses: OWNER Signature Print Name Address: Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by , on behalf of the corporation. S/he is ❑ personally know to me or ❑ has produced as identification. Witness my signature and official seal this day of June, 2008, in the County and State aforesaid. My Commission Expires: Notary Public State of Print Name 6 Submitted into the public record in connection with item PZ.17 & PZ.18 on 06-26-08 Priscilla A. Thompson City r1Prlr