HomeMy WebLinkAboutExhibit B"Declaration") made this day
EXHIBIT "B"
This Instrument Prepared By
RObeXt W. Rodriquez, Esq.
• •392 N.H. A2" Mantle, Suite 541
Miami, Florida 33126
971R 168 '20 1947 APR 17 1026
DECI.AT TIQ1A ORWETVICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter the
3) of PM PC1991, by
Jorge Suarez-Menerxdea (hereinafter the '4Owner"), 9s ih favor of
the City of Miami, Florida, a munlcit,ality located within the
State of Florida (hereinafter the "City") and all property owners
located within 375 feet of Owner's property, as defined below.
WLTNTHE 8 E
WHEREAS, the Owner holds Eee simple title to Certain
property located at 1900 Brichell Menge, , Miami, Florida. and more
particularly described as;
The Southeast Leo feet of Let 21 in Block „A", of FLP.GLER,
a000sdtng to the Plat thereof, as recorded in Plat Book 5, et
Page 44, of the Public Records of Dade County, Florida., and
described as:
Begin at Moat Southerly corner of foot 22, Northwest along
Southwest boundary line of Lot 21, for 180 feat; Northeast .
parallel with 180 Feet Northwest Eras Northwest boundary line of.
Bricke1l Avenue for 100 foet~ . to iortheas t boundary line of Lot.
21, Southeast along Northeast boundary lime of Lot 21 for 180
feet to Northeast boundary line of 8rickea.l Mantle and along
Southeast boundary line of Lot 21 for 100 feet to Point of
Beginning; and
.WWEREAS, the Owner is presently an applicant before the City
Coimuission of the City of Miami, Zor a special exception to
i
1
EC.17E0105i56
permit a plastic,. surgeon's office; and
WUREA50,the Owner is desirous of making a binding
commitment to assure that the Property shall be developed and
maintained in accordance with the provisions of this Declaration;
NOW THEREME, 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 covenants running
with the land and binding upon the Owner of the Property, its
successors in interest and assigns, as follows'
1. A4cita1s The recitals and tindings,sex forth it the
preamble.of this Declaration are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
2. • Use Limitations. owner covenants that:
A. The use of the health clinic (medical office; shall
be limited to consultation for plastic surgery, only, as an
.outpatient facility only, with no overnight stays arid no surgical
or other m,2da.ca1 procedures occurring on the property;
R..The hours of operation of the health clinic (medical
office)
only;
at the property shall be from 9:00 a.m. to' 6:00 p.m.,
C. There shall be no transfer of'title or interest in
the property or in the health clinic (medical office) practice
without prior City Commission approval, after a public hearing,
all expenses of which public hearing shall be borne by the
• I• T§04113767
property owner;
D. No changes' shali be made to the use of the property
or to the exterior or interior of the building or the remainder
of the property without prior City Commission approval after a
public hearing, a],1 expenses of which public hearing shall be
borne by the property owner;
E. The practice shall be limited to no more than three
.persons employed by
the health clinic (medical office) at the
,
property' the property owner/plaet�.c surgeon, one nurse, and one
clerical person;
F. There shall be no overflow parking on the grass; and
G. Parking space's at the facility shall be limited, to
the twelve (12) parking spaces presently reflected on the site
plan, of which eight (8) shall be paved and four (4) shall be
"turf block`' (grass) spaces.
3. firrectiyp Data. This instrument shall constitute a
-covenant running with the land with the title to the Property and
be binding upon the Owner its ▪ successors and assigns upon
approval by the City Commission of a special exception to permit.
a plastic surgeats's,offi.ce.. •
4,
+corm cif Cc��nanan Th., s voluntary covenant •ova the part of
the Owner shall remain in full force and effect and shall be.
banding upon,the Owner of the Property, its successors and
assigns for an initial period of thirty (30) years from the date
this instrument is recorded in the Public Records of Dade County,
1"-
r��c�U2
entering and
whether the
irtre, T 4P1 -111)
' Florida and shall be automatically extended for s+accessive
periods of ten (10) years thereafter.
5. d gr+f_g cIng:IaOrcti-011--ante414t. It is under.tood and agreed
that any oEficial inspector of the City of Miami nay have the
right., at any time during normal working hours, of
inVeStigating the use of the Property to determine
conditions of this Declaration and the regtiremonts of the City
are being complied with. An action to enforce the terms and
conditions of this Declaration may be brought by the City or by
any property owner within 375 feet of the Property, by action at
law'or in equity against any party or parson violating or
attempting to violate any covenants of this Declaration or
provision 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 Cots and
reasonable attorney°s fees- This enforcement provision shall 'be
in addition to any other remedies available under ''the 441w.
6. ,. • a Maicatso.. This instrument may be
modified, amended or released as to any portion. of the property
by a written instrument executed by the then owner(s) of the fee
simple title to the land to•be affected by such modification,
amendment or releaser provided that same has been approved by the
City of Miami City Commission at a public hearing, which public
heating shall be applied for and at the expense of Owner. Should
trz s instrument be so modified, amended or released, the Director
•
•
1T6QC3n0
CONSENT, OE• MORTGAGEE AND SUBORDINATION OF t VITf
AGIE
The Undersigned, holder of that certain Mortgage Deed from
aorgp aRareg-menendp; dated 144.1\ 3ti'" (Irl°i t aid
recorded, ili Official Records stook *ft , at Page** _. o£
the Public Records of Dade County, Florida, as amended,
encumbering the real property to. be subjected to the foregoing
Declaration of Restrictive Covenants made by Jorge Suarez-
Manendez, 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.
eel this zl day of
fitness Oil
State of Florida
County of pads
I hereby certify that on this day, before met an officer
dUly aforesed aid to the State aforesaid and in the County
acknowledgments, personally appeared
esaidtotake
to me known to be the person(s) described in and who executed the
foregoing Mortgage and he/she/they acknowledged before me that
he/she/they executed the same.
Witness my land and of,tioia sal in theCountyand State
last aforesaid this -�+ ' day of •
the undersigned has set his hand and
i1004 , 1997,
Firs anion National Bark of Florida
At4Sf
** clwsk}e Pile No. 97R,-137413 ot;.arg,nature
ER.it.c KfAs5
Printed Name
My Commission Expires:
100Po WOOD
MRVEV Pa"
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