HomeMy WebLinkAboutExhibit ADECLARATION OF RESTRICTIONS
This Declaration of Restrictive Covenants (the "Declaration") made this day of
, 2014, by the City of Miami, ("City"), a municipal corporation of the State
of Florida, the address of which is 3500 Pan American Way, Miami, Florida.
WHEREAS, the City is the owner of Bryant Park, ("Property"), legally described in Exhibit A;
WHEREAS, to insure that construction of a new building on the Property is compatible with the
surrounding community, and to allow the preservation of the green space on the Property, City,
its heirs, successors and assigns, freely, voluntarily and without duress makes the following
Declaration of Restrictions covering and running with the Property;
WHEREAS, all terms shall have the same meaning as that set forth in Miami 21;
WHEREAS, the City desires to place the restrictions on the Property, in accordance with this
Declaration of Restrictions.
I. LIMITATION ON USE.
a. No building shall be constructed on the Property except in substantial compliance
with the site plan attached as Exhibit B.
b. The open space on the West side of the Property, as marked on Exhibit B, shall be
maintained as open space.
II. BINDING EFFECT. The restrictions set forth in this Declaration during their lifetime
shall be for the benefit of and the limitation upon all present and future owners of the
Property and for the public welfare. This Declaration 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 binding upon the City, its heirs, successors,
and assigns until such time as it is modified or released by the written consent of the City.
(919,cy
IV.
TERM. `This Declaration of Restrictions is to run with the Property and shall be binding
on the City, its successors and assigns, and on all parties and persons claiming under there
for a period of thirty (30) years from the date it is recorded. At the conclusion of the
thirty (30) year period, this Declaration shall be extended automatically for successive
periods of ten (10) years, unless an instrument signed by the then Owners of the Property
has been recorded agreeing to change the Declaration, in whole, or in part.
MODIFICATION. This Declaration of Restrictions may only be modified, amended, or
released as to th& Property or any portion thereof, by approval of the City Cornrnission.
Any modification,' amendment, or release must be approved by the Director of Parks and
Recreation, and as to legal fonn by the Office of the City Attorney.
[SIGNATURES AND ACKNOWLEDGEMENTS FOUND ON THE FOLLOWING PAGE]
[CONTINUED FROM PREVIOUS PAGE]
Witnesses: City:
Print Name
Print N'Nme
STATE OF FLORIDA )
• ) SS
COUNTY OF MIAMI-DADE )
By:
Daniel J. Alfonso
City Manager..
The foregoing instrument was acknowledged before me this day of , 2014, by
, who is personally known to me or produced valid driver's licenses as identification.
My Commission Expires:
Notary Public
Sign Name:
Print Name:
Approved as to Legal Fortis and Correctness:
Victoria Mendez
City Attorney
Approved:
Director of Parks and Recreation
EXHIBIT A
Following is the legal description for Bryan Park:
Certain unnumbered block or part of the Subdivision known as Bryan Park, as recorded in Plat Book
five (5) at page sixty-nine (69) of the Public Records of Dade County, Florida, marked "Reserved" and
being bounded between SW 22"d Court on the East and SW 23rd Court on the West and SW 12th Street
on the North and SW 13th Street on the South.
EXHIBIT B
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