HomeMy WebLinkAboutExhibit B.'4,14)-_-10((
This instrument was prepared by and after recordation by City Planning and Zoning Department
Return to:
Name: Victoria Mendez, Esq., City Attorney
Address: Office of the City Attorney
444 SW 2nd Avenue, Suite #945
Miami, Florida 33130-1910
(Space reserved for Clerk)
DECLARATION OF RESTRICTIONS (RESTRICTIVE COVENANT)
WHEREAS, pursuant to the passage of an ordinance of the Miami City Commission
amending Ordinance No. 10544 , which modified the Future Land Map ("FLUM") of the Miami
Comprehensive Neighborhood Plan ("MCNP"), pursuant to Small Scale Amendment Procedures,
subject to § 163.3187, Fla. Stat., by changing the Future Land Use Designation of certain
properties located at approximately 1320 and 1330 Southwest 12th Ave., Miami, Fi., as depicted
in "Exhibit A", attached and incorporated (hereinafter "the Properties" or the "Park Properties")
from "Single Family Residential" to "Public Parks and Recreation"; and further by passage of an
ordinance amending Ordinance No. 13114, the Zoning Atlas of Miami, by changing the Zoning
Classification of the Properties referenced herein from the"T3-R" Sub -Urban Zone to "CS" Civic
Space Zone, and
WHEREAS, the Owner of the Property, the City of Miami, a Florida Municipal corporation
(hereinafter "City" or "Owner") relative to the above referenced change of Zoning Classification
is proffering a Declaration of Restrictions ("Restrictive Covenant"), pursuant to the procedure
prescribed by 62-21, City Code, is voluntarily, knowingly and freely proffering this Restrictive
Covenant and containing the substantive provisions that were stated on the record before the
Planning, Zoning and Appeals Board (PZAB) relative to this re -zoning ; and,
WHEREAS, this Restrictive Covenant serves the interests of the public health, safety and
general welfare, by facilitating the need for parks, recreation and open space in the Coral Way
Declaration of Restrictions
Page 2
neighborhood area; and by assuring the residents and other park patrons that the City is
committed to increasing and improving the City's Parks and open Space level of Service ("LOS")
while reducing peak -hour vehicle trips;
IN ORDER TO REASSURE the adjacent property owners and the neighborhood that the
Properties will solely be used for public park and recreation purposes, and as a civic space zone
The Owner shall:
Incorporation by Reference. The foregoing recitals are incorporated by reference
herein
Limitation to Use as a Park; Reversion to Residential. The Owner hereby represents
covenants and agrees that the Properties identified herein shall solely be developed and
used for parks and recreation purposes as defined within the City's Comprehensive Plan
(MCNP) under the "Public Parks and Recreation" FLUM designation within the Section
identified as the "Interpretation of the 2020 Future Land Use Map". If the Properties ever
cease to be used for parks and recreation purposes, the Owner shall promptly initiate
and conclude necessary Future Land Use Map ("FLUM) Amendments to revert the
Properties to "Single Family Residential" on the FLUM; and concurrently revert the
Zoning Classification of the Properties to "T-3R" Suburban Zone, or their equivalents,
under their pertaining laws and regulations.
County/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
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 may be recorded, at the Owner's
expense, 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 it's heirs, successors
and assigns until such time as the same is modified or released. These restrictions
during their lifetime shall be for the benefit of, and limitation upon, all present and future
park patrons of the Properties and for the benefit of the City of Miami, and the public
welfare. The City and its heirs, successors and assigns, acknowledge that acceptance of
this Declaration does not in any way obligate or provide a limitation on the other
activities of the City relating to making parks and recreation related improvements on
the Properties.
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
Declaration of Restrictions
Page 3
is recorded after which time it shall be extended automatically for two (2) 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 Declaration in whole, or in part,
provided that the Declaration has first been modified or released by the City of Miami
following a public hearing before the Miami Commission in the manner required by then
prevailing laws and regulations. This Declaration shall automatically expire at the end of
the fifty (50) years.
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 fee simple title to the
property, provided that the same is also approved by the City of Miami Commission at a
public hearing. Should this Declaration be so modified, amended, or released, the
Director of the City of Miami Department of Planning and Zoning or the executive officer
of a successor department, or, in the absence of such Director or executive officer, by his
or her assistant in charge of the office in his/her
offices shall 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, each party shall bear its own attorney's fees.
This enforcement provision shall be in addition to any other remedies available at law, in
equity or both.
Authorization for the City of Miami to Withhold Permits and Inspections. In the
event the terms 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.
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 County, then such construction, inspection and
approval shall create a rebuttable presumption that the buildings or structures thus
constructed comply with the intent and spirit of this Declaration.
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
Declaration of Restrictions
Page 4
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, Florida at the cost of the Owner following a final non -appealable period after
the rendition of the legislation approving the FLUM Map Change and Zoning
Classification of the Properties This Declaration shall become effective immediately upon
recordation,
[Execution Pages Follow]
Declaration of Restrictions
Page 5
Signed, witnessed, executed and acknowledged on this day of
2014.
IN WITNESS WHEREOF, THE CITY OF MIAMI has caused these presents to be signed in its
name by its proper officials.
Witnesses:
OWNER: CITY OF MIAMI, a Florida Municipal
Corporation
Signature
By: DANIEL J. ALFONSO, its City Manager
Print Name
Signature By:
Daniel J. Alfonso, City Manager
Print Name
Attest:
Todd B. Hannon, City Clerk
STATE OF FLORIDA
)SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2014 , DANIEL J. ALFONSO as City Manager, of the City of Miami, a Florida municipal
corporation, who (check one [ ] is personally known to me or [ ] has produced
as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Declaration of Restrictions
Page 6
Print Name:
Commission No.:
Commission Expires:
Approved as To Legal Form:
Victoria Mendez, City Attorney
Approved as to Planning and Zoning:
Francisco Garcia, Director of Planning and Zoning
Declaration of Restrictions
Page 7
EXHIBIT A
ADDRESS FOLIO LEGAL DESCRIPTION AREA
1320 SW 12
AVENUE
1330 SW 12
AVENUE
01-4138-008-0140
01-4138-008-0160
38-39 54 41
BRICKELL
ESTATES PB 17-
51 LOT 14 BLK 1
38-39 54 41
BRICKELL
ESTATES PB 17-
51 LOTS 15 TO 18
INC. BLK 1 LESS
W 60 FT
3175 SQFT
6867 SQFT