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HomeMy WebLinkAboutSubmittal-Tony RecioThis instrument was prepared by and after recording return to: Name: Tony Recio, Esq. Address: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Blvd., #700 Coral Gables, Florida 33134 Tel. (305)854-0800 (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," attached hereto, and hereinafter called the "Property," and IN ORDER TO ASSURE the City that the representations made by the Owner during consideration of a change of zoning and comprehensive plan designation from T3-R "Sub -Urban Zone" and NCD-2 "Village West Island and Charles Avenue Neighborhood Conservation District" to T4-O "General Urban Zone" and NCD-2 "Village West Island and Charles Avenue Neighborhood Conservation District" for the Property will be abided by, the Owner freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property: (1) Notwithstanding the T4-O and NCD-2 zoning, the Owner will restrict the Property to those uses allowed in the T4-R transect, and all parking and vehicular access, ingress, and egress allowed in the T4-O transect. (2) The Owner agrees to enter into a lease for minimum term of ten (10) years with an educational operator accredited by the Southern Association of Colleges and Schools for the occupancy and operation of an educational facility in a ground floor space to be provided as part of the development, and agrees that the execution of such lease will be a pre -condition to the issuance of any building permit for the shell construction issued within ten (10) years of the execution of this Declaration of Restrictions. City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City of Miami, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. 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, within thirty (30) days of acceptance by the City of Miami 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 their heirs, successors and assigns until such time as the same is 12- 0089//u To qcC Submitted into the public record in connection with items PZ.4 on 02-28-13 Todd B. Hannon City Clerk Declaration of Restrictions Page 2 modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the benefit of Miami -Dade County and the public welfare. Owner, and their heirs, successors and assigns, acknowledge that acceptance of this Declaration does not in any way obligate or provide a limitation on the City of Miami. 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 by the City of Miami. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land 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 is also approved by the City of Miami Commission, after public hearing. Any modification, amendment or release shall be in a form acceptable to the City Attorney. Should this Declaration of Restrictions be so modified, amended or released, the Director of the City of Miami Department of Planning and Zoning, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Enforcement. Enforcement shall be 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 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. Attorneys fees may not be awarded against the City of Miami under this Section. Authorization for City of Miami to Withhold Permits and Inspections. In the event the terrns of this Declaration are not being complied with, in addition to any other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this declaration is complied with. 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. Submitted into the public record in connection with items PZ.4.on 02-28-13 Todd B. Hannon City Clerk Declaration of Restrictions Page 3 Permissive Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, then such construction, inspection and approval shall create a permissive presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration. This presumption shall be classified as a rebuttable presumption under Florida Law. 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. However, if any material portion is invalidated, the City shall be entitled to revoke any approval predicated upon the invalidated portion Recording. This Declaration shall be filed of record in the public records of Miami - Dade County. The City of Miami shall be furnished a recorded copy within 30 days of recordation and the Owner must promptly furnish a certified copy of the recorded covenant to the City of Miami Zoning Administrator at 444 SW 2"d Avenue, Miami, Florida 33130. Acceptance of Declaration. Acceptance of this Declaration does not obligate the City in any manner, nor does it entitle the Owner to a favorable recommendation or approval of any application, zoning or otherwise, and the City Commissioners and/or any appropriate City Board retain its full power and authority to deny each such application in whole or in part and to decline to accept any conveyance. Owner. The term Owner shall include the Owner, and its heirs, successors and assigns. Executed on this )-1; day of re/3444 Y , 2013. THEODORE ROOSEVELT GIBSON MEMORIAL FUND, INCORPORATED, a Florida non profit corporation BY: Charles A. Gibson; Pr‘ident & Director Submitted into the public record in connection with items PZ.4 on 02-28-13 Todd B. Hannon City Clerk Declaration of Restrictions Page 4 STATE OF FLORIDA) COUNTY OF MIAMI-DADE) I HEREBY CERTIFY THAT on this acknowledgments, personally appeared ROOSEVELT GIBSON MEMORIAL corporation, who is e sonally instrument freely and voluntarily for the oath. day, before me, an officer du qualified to take HA,LIA e, as 445 DimOrTHEODORE FUND, INCORPORATED, a Florida non profit known to me or who has produced as identification and who executed the foregoing purposes thereon expressed and who did not take an WITNESS my hand and official seal this .24 day of SIGNATURE OF PERSO , LLC, and on-beh AKING AKNO EDGEMENT (stamp) coi. He/She is rEscitraIly-known as-idenification. - , A.D., 2013. ar-has_produssd dS101ARY PUBLIC, STATE OF FLORIDA Print Name: friviiewiff /2-6zio Commission No.: C6-- 0 ?-7-S-S---/ Commission Expires: a LI Notary Public State or Florida Anthony Recio My Commission EE077559 ExpiSis 03/24/2015 Submitted into the public record in connection with items PZ.4 on 02-28-13 Todd B. Hannon City Clerk Declaration of Restrictions Page 5 APPROVED AS TO FORM AND CORRECTNESS: City Attorney Print Name: Zoning Administrator Print Name: Director of Planning Print Name: Submitted into the public record in Connection with items PZ.4 On 02-28-13 Todd B. Hannon City Clerk Declaration of Restrictions Page 6 Exhibit "A" The South 50 Feet of Lots 1 and 2, all of Lots 3, 4, 5, and 6, Block 25, of AMENDED PLAT OF THE FROW HOMESTEAD, according to the Plat thereof, as recorded in Plat Book B, Page 106, of the Public Records of Miami -Dade County, Florida. Submitted into the public record in connection with items PZ.4 on 02-28-13 Todd B. Hannon City Clerk