HomeMy WebLinkAboutExhibit BThis Instrument prepared by
and when recorded returned to:
W, Chad Wiliiart$, Fsq,
Carlos Wiliiard & Flanagan, P.A.
999 Ponce de Leon Blvd,
Suite 1000
Coral Gables, FL 33134
20268PG0561
02R 150797 2002 MAR 12 12:32
(Space Above Ior Recorder's Use Only)
DSCJ.ARATION.OF, RESTRICTIONS
The undersigned, as Owners of the following described real property (the "Property"),
lying, being and situated in the City of Miami, Miami -Cade County, Florida, and legally described
as:
Tract "A" of the "Hampton Inn at Brickell," according to the Plat thereof, as recorded in
Plat Book 158 at Page 38 of the Public Records of Miami,Dade County, Florida,
Street Address: 2500 6rickeit Avenue
IN ORDER TO ASSURE the City of Miami, Florida (the "City"), the Stickel!
Homeowners Association, Inc. ("BHA"), the Roads Homeowners Association, Inc.
("RHA") and the South Miami Avenue Homeowners Association, inc., ("SMAHA"),
that the representations made to them by the Owners will be abided by the Owners,
their successors or assigns, freely, voluntarily and without duress make the following
Declaration of Restrictions (the "Declaration") covering and running with the Property:
(1) That this Declaration shall become final and shall be recorded in the
Public Records of Miami -Dade County, Florida and is conditioned upon
the approval of the change of zoning scheduled for City approval on
October 25, 2001 and amendment to the City of Miami Future Land Use
Map, as requested and granted on November 16, 1999 on the Property,
by the City and upon expiration of all applicable appeal periods,
(2) That the height of any structure on the Property shall be limited to a
maximum of five (5) stories (each story to be twelve (12) feet or less in
height); including accessory structures, decorative structures and signs;
balmy.
20258PC0562
(7)
(8)
Declaration of Restrictions
Page 2 of 4
(3)
provided, however, that mansards and/or parapets extending no more
than ten (10) feet above the fifth (51h) floor shall be permitted.
That the Property shall be developed substantially in accordance with the
spirit and intent of plans entitled, "4th and 5s' Floor Additions to Hampton
Inn," as prepared by Palenzuela & Hevia Design Croup, Inc., dated June
30, 1999, and consisting of five (5) sheets, and by reference made a part
of this Declaration.
(4) Covenant FRuf+nintovith .ihe Lend. This Declaration cn the part of the
Owners shall constitute a covenant running with the land and shall be
recorded in the Public Records of Miami,Dade County, Florida and shall
remain In full force and effect and be binding upon the Owners, their heirs,
successors and/or assigns until such time as the same is modified or
released, These restrictions shall be for the benefit of, and the limitation
upon, all present and future owners of the Property and for the public
welfare, and for the benefit of the City, BHA, the RHA and the SMAHA,
(5) 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 the Property, provided that the same is also approved by the
City, after public hearing the cost of which is to be paid by the Owners.
Prior to seeking such modification, amendment or release, Owners shall
first provide the City, BHA, the RHA, and the SMAHA with written notice
as set forth below.
(6) Eni rcement, 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/her attorney. This enforcement provision shall be in
addition to any other remedies available at law or in equity or both.
Election of Rernall s, All rights, remedies and privileges granted herein
shall be deemed to be cumuiative 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 of privileges.
Seyerability. Invalidation of any one of these covenants, by judgment of
court, in no way shall affect any of the other provisions which shall remain
in full force and effect.
Kt KCAL
20256PGO563
Declaration of Restrictions
Page 3 of 4
(9)
Recording. This Declaration shall be filed of record In the public records
of Miami -Dade County, Florida at the cost of the Owners following the
acceptance by the City.
(10) Notice. Notice Should be provided to:
City of Miami City Attorney's Office
Alejandro Vilarello, City Attorney
444 SW 2"d Avenue, 9th Floor
Miami, FL 33130
City of Miami City Manager's Office
Carlos A. Gimenez, City Manager
444 SW 2"d Avenue, 101" Floor
Miami, FL 33130
City of Miami Department of Planning and Zoning
Lourdes Slayzk, Director
444 SW 2"d Avenue, 3`d Floor
Miami, FL 33130
Brickell Homeowners Association, Inc.
c/o T, Sinclair Jacobs
195 SW 15th Road
Suite 203
Miami, FL 33129
Miami Roads Neighbor Civic Association, Inc.
c/o Linda Koenigsberg
144 SW 19111 Road
Miami, FL 33129
South Miami Avenue Homeowners Association, Inc.
c/o Colin Veater
41 SW 181" Terrace
Miami, FL 33129
0
;ux
2025BPG05614
Declaration of Restrictions
Page 4 of
In the event that the BHA, the RHA and/or the SMAHA,.should cease to exist, these
restrictions should run to the benefit of the SHA's, RHA's, and/or SMAHA's successors
and/or assigns. If this event should occur, the BHA, the RHA, and/or SMAHA shall
provide the Owners forthwith, with written notice of saki dissolution / termination. Notice
to the Owners shall be provided to:
Mr. Charles Leemon III
3380 Fairlane Farms Road
Suite 1
Wellington, FL 33414
Signed, witnessed, executed and acknowledged this Z•,_ "f day of ‘79c.t, 2001.
Signed, Sealed and Delivered
In the Presence of:
t W‘tit
itness)
(Witr'ss)
LY
STATE OF FLORIDA
COUNTY OF MIAMI•DADE
lakes Leeman 111
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Linda Leeman
l:'ScCI C:rAJt,f ON,IVCC10$AQCM
r. 0,Ce Cc*J lv, FL�ll
ROQGRP YFRIfle
HARVEY RUVIN
r,aRK alftCtirr MAW
The foregoing instrument was acknowledged before me, the undersigned notary public,
this, •,1 day of , 2001, by Charles Leemon III and Linda Leemon, his wife, who
personally appeared before me at the time of acknowledging and notarization -mho. are
Personally known to me,)or who produced and exhibited to me a current Florida Driver's License
as evidence that they are the persons who are described In and who executed the foregoing
instrument, -
Loaf DARLENE RENN
uv C41MMIs$ION M cc tetra
C%PIRE0: Up 20, 2001
NOTARY !4 MuWv tiv.“ 4 pgrpn0. wk
(Official Seal)
�e
(Signature of Notary Public)
(Typed or printed name ofNotary Public)
Notary Public State of Florida