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HomeMy WebLinkAboutCovenantThis instrument was prepared by: Name: W. Tucker Gibbs, Esq. Address: P.O. Box 1050. Coconut Grove, Florida 33133 (Space reserved for Clerk) DECLARATION OF RESTRICTIONS WHEREAS, the undersigned Owner holds the fee simple title to the land in Miami -Dade County, Florida, described in Exhibit A hereto, hereinafter called the "Property," and WHEREAS, the undersigned Lessee holds a leasehold interest, for a term ending on December 31, 2056, to the land in Miami -Dade County, Florida, described in Exhibit A hereto, hereinafter called the "Property," and IN ORDER TO ASSURE the Village West Homeowners and Tenants Association and also the residents and owners of real property within 500 feet of the Property, that the representations made by the Owner to them, before and during the public hearing on the "3227-47 Charles Avenue" zoning application scheduled for April 28, 2011, before the City of Miami City Commission ("3242 Charles Avenue Application"), will be abided by, the Owner freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property: The Property shall be developed substantially in accordance with the following restrictions: A. The portion of the property at 3242 Charles Avenue, legally described as Lots 25 and 26, Block 30, of "FROW HOMESTEAD"; according to the Plat thereof as recorded in Plat Book B at Page 106; of the Public Records of Miami -Dade County, Florida shall retain a one -foot wide strip along its west perimeter that shall retain its current land use designation of Single Family Residential and its current zoning of T3R and NCD-2. B. The owner or any lessee or tenant (including 3242 Charles, LLC, or any officer of, or partner in said corporate entity) shall not purchase or lease the adjoining property legally described as Lot 24, Block 30, of "FROW HOMESTEAD"; according to the Plat thereof as recorded in Plat Book B at Page 106; of the Public Records of Miami - Dade County, and seek its rezoning. If the owner or any lessee or tenant purchases or leases this property it shall only use that property for T3R or NCD-2 single-family zoned purposes. The Lessee or its principals or its successors shall be liable for $1,000,000.00 in liquidated damages if during the term of the lease ending on December 31, 2056 the 1 Owner, Lessee or its principals or their successors applies for a change in land use from single family and/or a zoning change from T3R on the property. C. The owner or any lessee or tenant must maintain property insurance sufficient to completely restore the historic Stirrup House pursuant to standards of the City of Miami Historic Preservation Division in the event of its damage or destruction. D. There shall be no vehicular access to the property from Charles Avenue unless the property is used for single-family (T3R, NCD-2) purposes. E. Any use of the property shall be approved by Historic Preservation Board after a public hearing. F. The property shall have a lush landscape buffer along its western boundary with Lot 24. Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and its heirs, successors and assigns until such time as the same is modified or released in accordance with the terms of this Declaration. These restrictions shall run in favor of and to the benefit of the Village West Homeowners and Tenants Association, and its successors, and assigns, and shall further be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released in accordance with the terms herein. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the Property herein described, or any portion thereof, by a written instrument executed by the, then, owner(s) of all of the Property, including joinders of all mortgagees, if any, provided that the same has also been approved in writing by each of the Village West Homeowners and Tenants Association, and 100% of the property owners within 500 feet of the Property. Should the modification, amendment or release of this Declaration of Restrictions be so approved, the Village West Homeowners and Tenants Association, shall execute a written instrument effectuating and acknowledging such modification, amendment or release, in a form acceptable for recording in the public records of Miami, Florida. Recording shall be at the sole expense of the then owner of the Property. Enforcement. Enforcement shall be by the Village West Homeowners and Tenants Association by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this 2 Declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 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. Severability. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions, which shall remain in full force and effect. Recording. This Declaration shall be filed of record in the public records of Miami - Dade County, Florida, at the cost to the Owner, promptly upon the final approval, including the favorable resolution of all appeals, of the 3242 Charles Avenue Application by the City of Miami City Commission. If no final approval is obtained by 3242 Charles Avenue for the application as constituted on the date of this Declaration, then 3242 Charles Avenue shall be under no obligation to record this document. IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of April 2011. WITNESSES: OWNER: STIRRUP PROPERTIES, INC STATE OF FLORIDA COUNTY OF MIAMI-DADE By: President Print Name: The foregoing instrument was acknowledged before me this day of May, 2011, who is personally known to me or who produced as identification, on behalf of the corporation. My commission expires: Notary Public 3 WITNESSES: LESSEE: 3242 CHARLES, LLC STATE OF FLORIDA COUNTY OF MIAMI-DADE By: Print Name: The foregoing instrument was acknowledged before me this day of May, 2011, who is personally known to me or who produced as identification, on behalf of the corporation. My commission expires: Notary Public 4