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HomeMy WebLinkAboutSubmittalThyr instrument prepared by, and after recording return to: Name: Address: Adrienne F. Pardo Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131-3261 (Soac eserved for Clerk of Court) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2005, by Neo Holdings, Inc., Legacy Asset Holders, Inc., Tavmar Investments, LC, Mahlberg Investment Holdings, Inc., and Ibiza Properties, a Florida limited liability company, (the "Owners"), is in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City") and the Owners of the property described in Exhibit "A" WITNESSETH WHEREAS, the Owners hold fee -simple title to certain property in the City of Miami, Florida, located at 244 SW 6 Street, 252 SW 6 Street, 257-259 SW 7 Street, 253 SW 7 Street, 243 SW 7 Street, 233 SW 7 Street and 219 SW 7 Street, Miami Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Owners have obtained approval of a rezoning of the Property from the Zoning Board of the City of Miami, pursuant to Resolution No. 2005-0982 adopted on January 10, 2005 (the "Rezoning"); and 7-7 ic,a1-- G d'/L1,34 SUBMTTED INTO THE PUBL!C RECORD FOR ITEi PZ.B ON is-i-oS WHEREAS, the SD-7 District allows for the development of a project with a floor area ratio ("FAR")for a mixed use building of 8.0 on the Property "as -of right"; and WHEREAS, the Owners are desirous of making a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Declaration. 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 covenants running with the land and binding 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. Limitation of FAR. Owners covenant that the total floor area ratio on the Property will be limited to 4.25 times the gross lot area. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owners, their 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, 2 Submitted Into the public record in connection with item Pz 4' on t'-11 �os Priscilla A. Thomp on City Clerk all present and future owners of the Property and for the public welfare. 4. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner within sixty (60) days of its acceptance by the City of Miami . The Owner shall promptly furnish a recorded copy to the City Clerk, 3500 Pan American Drive, Miami, Fl. 33130. 5. Term of Covenant. This voluntary covenant on the part of the Owners shall remain in full force and effect and shall be binding upon the Owners of the Property, their 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 shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 7. 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 determining whether the conditions of this Declaration 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 3 Submitted Into the public record in connection with item Pz.9 on IA- os Priscilla A. Thom son City Clerk equity against any party or person violating or attempting to violate any covenants of this Declaration. This enforcement provision shall be in addition to any other remedies available under the law. 8. 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 such modification, amendment or release shall be in a form acceptable to the City Attorney. 9. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of , 2005. Witnessed by: Neo Holdings, Inc. Name: Signature: Name: Signature: By: Legacy Asset Holders, Inc. By: 4 Submitted Into the public record in connection with item ? 2- P_ on A. Tho p Priscilla P on City Clerk Name: Signature: Name: Signature: Name: Signature: STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE) Tavmar Investments, LC By: Mahlberg Investment Holdings, Inc. By: Ibiza Properties, LLC By: The foregoing instrument was acknowledged before me this day of 2005 by , as of Neo Holdings, LLC. He personally appeared before me, is personally known to me or produced as identification. My commission expires: STATE OF FLORIDA ss : COUNTY OF MIAMI-DADE) Name: Notary Public, State of Florida Commission No. The foregoing instrument was acknowledged before me this day of 2005 by as of Legacy Assets 5 Submitted Into the public record in connection with item P2.9 on is 111 o S Priscilla A. Thompson City Clerk Holders, Inc. He personally appeared before me, is personally known to me or produced as identification. My commission expires: STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE) Name: Notary Public, State of Florida Commission No. The foregoing instrument was acknowledged before me this day of 2005 by as of Tavmar Investments, LC. He personally appeared before me, is personally known to me or produced as identification. My commission expires: STATE OF FLORIDA ss: COUNTY OF MIAMI-DADE) Name: Notary Public, State of Florida Commission No. The foregoing instrument was acknowledged before me this day of , 2005 by , as of Mahlberg Investment Holdings, Inc. He personally appeared before me, is personally known to me or produced as identification. 6 Submitted Into the public record in connectiop with el 7 2. on t'11 1 os Priscilla A. Thompson City Clerk Name: Notary Public, State of Florida Commission No. My commission expires: STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this day of 2005 by , as of Ibiza Properties, LLC. He personally appeared before me, is personally known to me or produced as identification. My commission expires: APPROVED AS TO FORM: Name: Notary Public, State of Florida Commission No. Jorge L. Fernandez, City Attorney 7 Submitted Into the public record in connectioWith item 'P2. 8 on kzil Priscilla A. Thompson City Clerk CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE The undersigned, holder of that certain Mortgage Deed dated and recorded in Official Records Book at Page of the Public Records of Miami -Dade County, Florida, as amended, encumbering the real property to be subjected to the foregoing Declaration of Restrictive Covenants made by in favor of the City of Miami, Florida, hereby consents to said Declaration of Restrictive Covenants and agrees that the lien of said Mortgage Deed shall be subject and subordinate to the terms of said Declaration of Restrictive Covenants. IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of , 2005 Witnessed by: Name: Name: STATE OF FLORIDA ss: COUNTY OF MIAMI-DADE By: (Corporate Seal) The foregoing instrument was acknowledged before me this day of , 2005 by as of on behalf of said company. He personally appeared before me, is personally known to me or produced identification. as Name: Notary Public, State of Florida Commission No. Submitted Into the public record in connection with item ??.? on \ oc Priscilla A. Thomps n City Clerk My commission expires: Submitted Into the public record in connection with item F2.2 on ‘1)\ns .Priscilla A. Thompson City Clerk