Loading...
HomeMy WebLinkAboutDeclaration of Restrictive Covenants- finalThis instrument was prepared by and after recordation return to : Name: Ben Fernandez, Esq. Address: Bercow & Radell, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2013, by River Tower, LLC (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the County of Miami -Dade, State of Florida (hereinafter referred to as the "CITY") for the property located at 230 SW 3rd Street, Miami, Florida, and more particularly described in the attached Exhibit A. WITNESSETH WHEREAS, the Owners sought and obtained a modification to the Access Utility Construction Easement Agreement, dated December 11, 1990, and recorded December 19, 1990, in Official Records Book 14828, at Page 1210, in the Public Records of Miami - Dade County, Florida, for the Property; WHEREAS the modification to the Easement was requested in relation to the proposed development of the River Tower project to located on the Property; and WHEREAS, on June 27, 2013 the City Commission approved the Second Amendment to Access Utility Construction Easement Agreement, pursuant to Resolution No. R-13-0262;and WHEREAS, the Owner is desirous of making a voluntary and informed binding commitment to assure that the Property shall be developed in accordance with the provisions of the Second Amendment; and WHEREAS, in consideration of the modification of the easement, the Owner, upon issuance of a building permit for the Riverside Tower project, will concurrently or simultaneously contribute $150,000.00 to the City of Miami towards the construction of a covered walkway between the Miami Riverside Center Office Building and the Miami Riverside Center Parking Garage located on the parcel of land immediately to the south of the Riverside Tower project. NOW THEREFORE, 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 a covenant running with the land and binding upon the Owner of the Property, and its heirs, successors and assigns as follows: Section 1. 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. All Agreements referenced herein, as amended, are deemed as being incorporated by reference herein. Section 2. The Owner hereby makes the following voluntary declarations running with the land concerning the use of the Property: A. The Owner is desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Second Amendment. In consideration of the modification of the easement, the Owner, upon issuance of a building permit for the Riverside Tower project, will contribute $150,000.00 towards the construction of a covered walkway between the Miami Riverside Center Office Building and the Miami Riverside Center Parking Garage located on the parcel of land immediately to the south of the Riverside Tower project. The Second Amendment is attached hereto as Exhibit Section 3. Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property shall be binding upon Owners, their successors and assigns. These restrictions shall be a limitation upon all present and future Owners of the Property and shall be for the public welfare. Section 4. Applicable Law & Venue. Florida law will apply to interpretation of this Declaration . Venue in any civil actions arising under this instrument shall be in Miami -Dade County, Florida. Section 5. 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 then Owners of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami Planning and Zoning Board or City Commission, as provided by law, after a public hearing which public hearing shall be applied for at the expense of the Owner. Following a final approval of such modification amendment or release as specified herein, the Director of the City of Miami's Planning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Such instruments shall be in a form acceptable to the City Attorney. Section 6. Inspection and Enforcement. An enforcement action may be brought by the City by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions 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 costs and reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. The award of attorney's fees to a prevailing party shall not be used or enforced against the City of Miami. Section 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full effect. Section 8. Recording. This Declaration , once accepted by the City , shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owners, and the City of Miami Zoning Administrator will be furnished a recorded copy by the Owners within thirty (30) days of it being recorded.. Section 9. Duration and Release. The covenants and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of the City of Miami. However, upon the receipt of payment under Section 2. A, the City will execute a release from the Declaration that will be recorded at then owner's expense in the Public Records of Miami Dade County. [Signature Pages to Follow] IN WITNESS WHEREOF, the parties have executed this Amendment to be effected on the date first written above. Signed, Sealed, and Delivered In the presence of: Witnesses River Tower, LLC a Florida corporation Signature By: Name: Title: _Managing/ General Print Name Manager Signature Print Name STATE OF FLORIDA ) ) SS COUNTY OF MIAMI DADE ) Address: The foregoing instrument was acknowledged before me this day of , 2013, by who is the of River Tower, LLC, a Florida limited liability company, on behalf of the company. He/She is personally known to me or has produced as identification and did/ did not take an oath. My Commission expires: Notary Public, State of Florida Print Name: Commission No.: Accepted by City of Miami Commission Resolution Approved as to Planning Requirements : Planning Director Approved as to Zoning Requirements: Zoning Director Signed, Sealed, and Delivered In the presence of: