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HomeMy WebLinkAboutSubmittal-Ben FernandezThis instrument was prepared by: Name: Ben Fernandez, Esq. Address: Bercow & Radell, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 SUBMITTED INTO THE PUBLC RECORD FOP �i�i�Pz4 061"h3. (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 MIANII, FLORIDA, a municipality located within the 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 , 2013 the City Commission approved the Second Amendment to Access Utility Construction Easement Agreement, pursuant to Resolution No. ; and WHEREAS, 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; and WHEREAS, 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 //- .09679e ,-f-, - Sib Ferrier) 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. 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. And 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. 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 instrument. 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 Zoning Board or City Commission after a public hearing which public hearing shall be applied for at the expense of the Owner. Upon 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. SUBMITTED IN 10 THE PUBLIC RECORD FOR 1TE Pz ON oc,12710 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. Severabilitv. 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 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 will be furnished a recorded copy by the Owners. 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 owners expense in the Public Records of Miami Dade County. [Signature Pages to Follow] SUBMITTED [TO THE ?•(J LIC RECORD FOR ITEM Pz. ON oc,1271/ 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 Print Name Signature Print Name STATE OF FLORIDA ) SS COUNTY OF MIAMI DADE By: Name: Title: 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.: SUBMITTED INTO THE PUBLIC RECORD FOR ITEM pz ON 0(012710 . Signed, Sealed, and Delivered in the presence of: Witnesses CITY OF MIAMI, municipal corporation Signature Print Name Signature Print Name STATE OF FLORIDA ) SS COUNTY OF MIAMI DADE By: Name: Title: Address: 3500 Pan American Drive Miami, Florida 33128 The foregoing instrument was acknowledged before me this day of , 2013, by who is the of The City of Miami, a municipal corporation, on behalf of the corporation. 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.: SUBM T ED INTO THE PUBLIC RECORD FOR TEM Pzzi • ocol27(/ .