HomeMy WebLinkAboutExhibit BThis instrument prepared by, and after recording return to:
Name: Ben Fernandez, Esq.
Address: Bercow Radell & Fernandez, PLLC
200 South Biscayne Boulevard, Suite 850
Miami, FL 3 313 1
(Space reserved for Clerk of Court)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of , 2015, by DJ 2014 LLC the "Owner"), in favor of the City of
Miami, a Florida Municipal Corporation (the "City").
WITNESSETH:
WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami,
Florida, located at approximately 5900 Biscayne Boulevard and 5907 NE 5 Avenue, Miami,
Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the
"Property");
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 covenants
running with the land and binding upon the Owner of the Property, its successors in interest and
assigns, as follows:
1. Recitals. 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.
2. Site Plan. The Property will be developed substantially in accordance with the
Design Intent Documents and the Construction Permit Documents prepared by D.B. Lewis,
Architect -Thresholds International Inc., or the architect of record, as may be amended by the
applicable departments of the City of Miami and the City of Miami Historic and Environmental
Preservation Board.
3. Maximum Height. The maximum height of the development on the Property
shall not exceed thirty-five feet (35') to the roof terrace deck, not including decorative elements
and encroachments or mechanical equipment permitted by Miami 21.
4. Residential Use. That portion of the property described as Lot 1, Block 3,
"Bayshore" Plat Book 5 (Parcel 2) shall include a residential use.
5. Parking. All required parking for the property shall be located underground.
6. Garbage. Garbage service shall not be provided from NE 59 Street.
7. Zoning. In the event that the owner does not apply for a building permit
consistent with the proposed plan within twenty-four (24) months from the final approval of the
rezoning, the owner shall apply to the City of Miami to rezone the property back to its present
zoning transects. This application will include any necessary Comprehensive Plan amendment
application.
8. TDRs. Owner may utilize the provisions in the City's Transfer of Development
Rights (TOR) program. The Owner will comply with City regulations regarding recording of
agreements and any other required notice of any sales reducing development capacity on the
Property.
9. Effective Date. This instrument shall constitute a covenant running with the title
to the Property and be binding upon Owner, its successors and assigns upon recordation in the
Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of,
and a limitation upon, all present and future owners of the Property and for the public welfare.
10. Term of Covenant. This voluntary covenant on the part of the Owner shall
remain in full force and effect and shall be binding upon the Owner of the Property, its
successors in interest and assigns for an initial period of thirty (30) years from the date this
instrument is recorded in the public records and shall be automatically extended for successive
periods often (10) years, unless modified, amended or released prior to the expiration thereof.
11. Inspection and Enforcement. It is understood and agreed that any official
inspector of the City of Miami may have the right at any time during normal working hours to
enter upon the Property for the purpose of determining whether the conditions of this Declaration
and the requirements of the City's Building and Zoning regulations are being complied with. An
action to enforce the terms and conditions of this Declaration may be brought by the City and
may be by action at 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. This enforcement provision shall be in addition to any
other remedies available under the law.
12. Amendment and Modification. This instrument may be modified, amended or
released as to all or any portion of the Property by a written instrument executed by the owner(s)
of the fee -simple title to the Property to be effected by such amendment, modification, or release
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and the City of Miami with the approval by the City of Miami City Commission, if applicable, at
a public hearing, which public hearing shall be applied for by, and be at the expense of the
Owner. Any modification, amendment, or release of this covenant will be subject to the
approval as to legal form by the City Attorney.
13. Severability. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of this Declaration, which shall remain in full force
and effect.
14. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Owner after approval of the Owner's zoning
application and the Owner's Comprehensive Plan application by the City Commission of the
City of Miami and the expiration of all appeal periods and after approval of the Owner's
application for a Certificate of Appropriateness by the City of Miami Historic and Environmental
Preservation Board and the expiration of all appeal periods. The Owner shall submit a recorded
copy to the Zoning Administrator at 444 SW 2nd Avenue, 4t' Floor, Miami, Florida, 33130-1910
within thirty (30) days of recordation.
THERE ARE NO ADDITIONAL PROVISIONS ON THIS PAGE
SIGNATURES AND JURAT ON THE FOLLOWING PAGES
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ACKNOWLEDGMENT CORPORATION
Signed, witnessed, executed and acknowledged on this day of
, 2015.
IN WITNESS WHEREOF, DJ 2014 LLC, has caused these presents to be signed in its
name by its proper officials.
Witnesses:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)SS
)
DJ 2014 LLC
19111 Collins Avenue, Unit #103
Sunny Isles, Florida 33160
By:
Jacques Miodownik, Member -Manager
The foregoing instrument was acknowledged before me by Jacques Miodownik as
member manager, of DJ 2014 LLC, on behalf of the limited liability company. He is personally
known to me or has produced, as identification.
Witness my signature and official seal this day of , 2015 in the
County and State aforesaid.
My Commission Expires:
Notary Public
State of Florida
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APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
City Attorney
APPROVED:
FRANCISCO J. GARCIA IRENE S. HEGEDUS
Director of Planning and Zoning Zoning Administrator
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EXHIBIT A
Property Legal Description
Lots 1 and 18, Block 3, of "Bayshore", according to the Plat thereof, as recorded in Plat Book 5,
Page 116, of the Public Records of Miami -Dade County, Florida.
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