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HomeMy WebLinkAboutExhibit B - SUBThis instrument is prepared by and after recording please return this instrument to: Simon Ferro, Esq. Gunster, Yoakley & Stewart, P.A. 600 Brickell Avenue, Floor 35 Miami, Florida 33131 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2016, by MIAMI RIVERVIEW APTS., INC. (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the state of Florida (hereinafter referred to as the "City"). WITNESSETH WHEREAS, Owner owns the property located at 2501 and 2507 N.W. 16th Street Road, Miami, Florida (the "Property"); and WHEREAS, on May 4, 2016, the Planning, Zoning and Appeals Board heard the Owner's applications requesting: (i) an amendment to the Comprehensive Plan re -designating the Property from "Medium Density Restricted Commercial" to "Restricted Commercial" on the City's Future Land Use Map ("FLUM"); and (ii) a rezoning of the Property from T5-L (Urban Center -Limited) to T6-8-L (Urban Core -Limited), for the Property and legally described in attached Exhibit A ; and WHEREAS, on March 7, 2016, Owner's representatives met with the Miami River Commission ("MRC") and the MRC voted 6-3 in favor to recommend approval of the Rezoning subject to conditions reflected in a letter from the MRC addressed to the City of Miami Planning, Zoning and Appeals Board dated April 6, 2016 ("MRC Letter"), a copy is attached hereto as Exhibit B. WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure that the Property must be developed in accordance with the provisions of the Declaration. 2501 NW 16"' Street Road, Miami, Florida \-b5Z E),V)A b - SUd THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 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 as well as the Exhibits referenced therein are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Maximum Density and Number of Residential Units. The maximum number of dwelling units that may be developed on the Property shall not exceed 650 dwelling units. Section 3. Miami River Development Considerations. The Owner makes the following commitments regarding the conditions set forth in the MRC Letter: MRC Letter Conditions 1 and 2; Waterfront Standards: Owner shall be required to construct a public Riverwalk on the Property, and nothing in this paragraph shall be construed as a waiver of the requirement to construct a public Riverwalk. Owner acknowledges that Miami 21 Section 3.11 and Appendix B ("Waterfront Standards") requires specific waterfront building setbacks, including a public Riverwalk. Notwithstanding the foregoing, Owner shall have the right to request and obtain modifications from any of the requirements of the Waterfront Standards, or other development criteria, as set forth in the City of Miami Code, Miami 21, and the City of Miami Charter. In the event the Owner requests and obtains any such modification(s), the Owner shall provide for a public Riverwalk within the modified setbacks. The public Riverwalk shall be designed in a way that facilitates a connection to any adjacent waterfront walkway within the parcels located to the immediate east and west of the Property along the Miami River ("Abutting Parcels"). It shall not be the Owner's responsibility to obtain approvals or cooperation from the owners of the Abutting Parcels to connect with the public Riverwalk on the Property. In the event the Abutting Parcels do not have an existing, planned, or approved public Riverwalk, or if they refuse to connect to the public Riverwalk to the Property, the Owner may design the public Riverwalk without regard to connectivity with the Abutting Parcels. Owner's obligation under this section shall be fulfilled upon the construction of a public Riverwalk within the Property and not upon the connection of said public Riverwalk with one or both of the Abutting Parcels. ii. Condition 3 of the MRC Letter; Traffic Study: Owner has provided to the City of Miami, as part of the Rezoning, a traffic study prepared for Miami Riverview Apartments, Inc. by KBP Consulting, Inc. dated April 2016. This traffic study satisfies condition No. 3 of the MRC Letter. iii. Condition 4 of the MRC Letter; Seawall: The proper elevation for development of the Property and whether a new seawall is necessary will be determined through the City's permitting process, and in accordance with State and County laws and ordinance as applicable. Miami Riverview Apts., Inc. Declaration of Restrictions 2501 NW 16 Street/Road Page 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. iv. Condition 5 of the MRC Letter: Owner will provide a Working River covenant as required by Policy PA-3.1.9 of the Miami Neighborhood Comprehensive Plan. Section 4. Other Development Criteria. The Owner makes the following commitments regarding development of the Property: Off -Street Parking: Owner shall comply with Miami 21 off-street parking requirements and shall not request adjustments to reduce the number of parking spaces except for development of affordable/workforce housing units as provided in Section 3.15 of Miami 21. ii. Landscape Strip and Public Access Connector: Owner shall provide a landscaped buffer, as well as a public access connector to the Miami River, along the east side of the Property within the east boundary setback established by Miami 21 or as may be adjusted at public hearing. The minimum landscape buffer shall be as provided by Section 9.7 of Miami 21. iii. Miami River Greenway Regulatory Design Standards: Owner shall comply with the Miami River Greenway Regulatory Design Standards for a 50' Right -of Way along that portion of NW 16th Street Road fronting the Property, to the extent permitted by the existing right-of-way dedication and improvements to NW 16th Street Road. A copy of the applicable Standards is attached hereto as Exhibit C. iv. Sidewalks: Owner shall comply with the Miami River Greenway Regulatory Design Standards for sidewalk treatment and street furniture along that portion of NW 16th Street Road fronting on the Property, to the extent permitted by the existing improvements along NW 16th Street Road. v. East Boundary Height Limitation: No building, or portion of a building or structure, shall exceed 6 stories, as defined by Section 3.5 of Miami 21, within 120 feet of the east boundary line of the Property. Section 5. Effective Date. The provisions of this Declaration shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of recordation, after which time they shall be extended automatically for successive period of ten (10) years. This instrument shall constitute a covenant running with the land and title to the Property, which shall be binding upon the Owner, its heirs, successors, vendees and assigns. Section 6. Applicable Law & Venue; Attorney's Fees. 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. Each party shall bear their own attorney's fees. Section 7. 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 Miaini Riverview Apts., Inc. Declaration of Restrictions 2501 NW 16 Street/Road Page 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Board Appeals Board and City Commission after a public hearing which all advertising, notice, application, and public hearing expense shall be paid by 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 effecting and acknowledging such modification, amendment or release. Such instruments shall be in a form acceptable to the City Attorney. Section 8. 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 City, County or applicable regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. Section 9. 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 force and effect. Section 10. Recording. This Declaration shall be promptly filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within 30 days of the City Commission's final adoption of the Change of Zoning and the Future Land Use Map amendments. The City of' Miami Planning and Zoning Director will be furnished a recorded copy by the Owner within ten (10) days of this Declaration being recorded. [Signature Pages Follow] Miami Riverview Apts., Inc. Declaration of Restrictions 2501 NW 16 Street/Road Page 4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ACKNOWLEDGMENT CORPORATION Signed, witnessed and acknowledged on this day of , 2016. Witnesses: MIAMI RIVERVIEW APTS., INC. Signature Print Name Signature STATE OF COUNTY OF By: Title: Address: The foregoing instrument was acknowledged before me by , the of Miami Riverview Apts., Inc., on behalf of the corporation. He is personally known to me or has produced as identification. Witness my signature and official seal this day of 2016, in the County and State aforesaid. Notary Public State of My Commission Expires: Print Name Miami Riverview Apts., Inc. Declaration of Restrictions 2501 NW 16 Street/Road Page5 APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED: Francisco J. Garcia, Planning Director THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Miami Riverview Apts., Inc. Declaration of Restrictions 2501 NW 16 Street/Road Page 6 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Exhibit A Legal Description Tract A of Musa Isle Manor, according to the plat thereof, as recorded in Plat Book 93, Page 23, of the Public Records of Miami -Dade County, Florida. MIA_ACTIVE 4500137.1 Miami Riverview Apts., Inc. Declaration of Restrictions 250I NW 16 Street/Road Page7 Mimeo=littz Governor of State of Florida Mr. Rick Scott Desig ee: Ms Patricia Hams Chairof Miami -Dade Delegation Representative Jose Felix Diaz Designee Rep. David Richardson Chale of Gumming Board of South Florida Water Management District Mr. Daniel O'Keefe Designee: Ms Sandy Batchelor Miami -Dade Sisk An Ms. Fernandez -Rundle s K Designee Mr. Gary Winston Mayor of Mlatd•Dade County Mayor Carlos Gimenez Designee Mr. Frank Balzebre Mayor of Miami Mayor Tomas Regalado City of Miami Commissioner Commissioner Frank Carollo Miami -Dade County Cyr Commissioner Bruno Barreiro Designer. his Marlene Avalo Chair of Miami River Marine Group Mr. Brum Brown Designee Mr. Richard Dubin Chair of Mee Council Mr. Ed Swakon Designee: Mr. Phil Everingham 1y a ud* Director of Downtown Development Authority Ms Alyce Robertson Designee: Mr. Eric Riel Chair of Greater Miami Chamber of Coerce Mr. Barry Johnson Designee: Ms Sandy O'Neil Neighwrtneod Represeatathe Aidby City of Mini Onnmi dos Dr, Ernest Martin Neisborbood Repreoertati e AA sp Saliy lucby !Ne Repeesentathe from Enrironmental or Chic Organization Appointed by the Governor Mr. Horacio Stuart Aguirre � at barge Appointed by the Mr. Jay Carmichael lvlember Miami -Dade d by Ms. Sara Babun Designee Mr. Duber Lazardo Member at Large tedby. City d!Mani Mr. Manny Prieguez Mangy Director Mr. Brett Bibeau THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Miami River Commission it q it ill City of Miami Planning Zoning and Appeals Board 3500 Pan American Drive Miami, FL 33133 Re: 2501-2507 NW 16 ST RD Dear Planning Zoning and Appeals Board: do Robert King High 1407 NW 7'• Street, Suite D Miami, Florida 33125 Office: (305) 644-0544 malt miamirher@bellsouth.net www.miandrherconmdssion.org Apri16, 2016 Mr. Simon Ferro, Gunster Yoakley, and Mr. Jorge Azze, Azze Architecture, presented this item during the Miami River Commission's (MRC) March 7, 2016 public meeting. The MRC voted 6-3 to respectfully recommend approval of the Zoning Amendment from T5-L to T6-8L and amend the Land Use from Medium Density Restricted Commercial to Restricted Commercial, subject to adherence with the following 5 pending conditions: 1) Full compliance with public Riverwalk, waterfront building setbacks, etc. required in City of Miami's Zoning Code Section 3.11 and Appendix B. 2) Connections to the existing public Riverwalk sections immediately east at "River Run South" and immediately west at "Miami Riverfront Residences" 3) Study Transportation on NW 16 ST RD 4) Provide new seawall, and consider sea level rise in determining the best elevation 5) Provide working river covenant as required by City Comp. Plan I respectfully recommend these 5 recommended conditions be included in the applicant's proffered covenant. Your time and continued support for the Miami River District are appreciated. Sincerely, Brett Bibeau Managing Director, Miami River Commission EXHIBIT "B" GENERAL STANDARDS - ZONE 1 THIS DOCUMENT 1S A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ZONE 1- STREET RIGHT-OF-WAY Refer to the typical plan/section views on page 15 to accompany this matrix. STANDARD RIGHT-OF-WAY ELEMENT MATRIX 40' ROW (Non-Greenway Street) 50' ROW 60' ROW On street parking None - One side (opposite Greenway) only - Parallel parking only. - One side (opposite Greenway) or both sides. - Parallel parking only — 8.5' x 22' min. dimension. Travel lanes (2) — 10' Lanes (2) — 10' Lanes (2) — 11' Lanes with optional turn lane Sidewalk 4.5' Clear (min.) Both sides. - Greenway side 7.8' clear (min,) - Non-Greenway side 5' (min.) - Greenway side 7.8' clear (min.) - Non-Greenway side 5' (min.) Landscape verge 4.5' (min) - Greenway side - 7' (min.) - Non-Greenway side - None (except for parking islands.) - Greenway side 7' (min.) - Non-Greenway side 5' (min.) Median None. None - Optional 12' min. to include landscape material - trees 30' O.C. Landscape islands None - 7'wide x 10' long (min.) shall include 1 tree or palm (min.) with groundcover. - 7' wide x 10' long (min.) shall include 1 tree or palm (min.) with groundcover. Driveways 24' (max.) width 24' (max.) width 24' (max.) width Handicap ramps Per FDOT Index 315 (2004 edition) Per FDOT Index 315 (2004 edition) Per FDOT Index 315 (2004 edition) Curb/gutter . 1.5' (modified 'F curb)- - 1.5' (modified'F' curb) 1.5' (modified valley gutter) adjacent to on- street parking. - 5' (`D' curb) adjacent to parking. -1.5' (modified 7 curb) - 1.5' (modified valley gutter) adjacent to on - street parking. - 5' ('D' curb) adjacent to parking. Tree spacing 30' O.C. (max.) - 30' O.C. (max.) Greenway side - 54' O.C. (max.) non-Greenway side between 2 parldng spaces. - 30' O.C. (max) Greenway side - 54' O.C. (max.) non-Greenway side between 2 parking spaces. 13 EXHIBIT "C" THIS DOCUMENT 1S A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. STANDARD RIGHT-OF-WAY ELEMENT MATRIX 40' ROW 50' ROW 60' ROW Street Furniture fight Poles: FPL decorative package — Light Poles: FPL decorative package — Light Poles: FPL decorative package — Washington fixture or tear drop fixture (depending on existing utilities.) —Black color. Benches: Plainwell bench by Landscape Forms (or approved equal) — Black frame with Ipe seal Greenway custom medallion to be placed on back rest. Refer to appendix `C'. Minimum of one bench per block on both sides of the street Trash Receptacle: Plainwell trash receptacle by Landscape Forms (or approved equal.) —Black color. Minimum two per intersection. Bicycle Rack Pi Rack by Landscape Washington fixture or tear drop fixture (depending on existing utilities.) — Black color. Benches: Plainwell bench by Landscape Washington fixture or tear drop fixture (depending on existing utilities.) — Black color. Benches: Plainwell bench by Landscape Forms (or approved equal) — Black frame with Ipe seat. Greenway custom medallion to be placed on back rest Refer to appendix `C'. Minimum of one bench per block on both sides of the street Trash Receptacle: Plainwell trash receptacle by Landscape Fonns (or approved equal.) — Black color. Minimum Forms (or approved equal) — Black frame with Ipe seat. Greenway custom medallion to be placed on back rest Refer to appendix `C'. Minimum of one bench per block on both sides of the street. Trash Receptacle: Plainwell trash receptacle by Landscape Forms (or approved equal.) — Black color. Minimum two per intersection. Bicycle Rack: Pi Rack by Landscape two per intersection. Bicycle Rack: Pi Rack by Landscape Forms (or approved equal.) — Black color. One per 500 LF minimum. Forms (or approved equal.) —Black color. One per 500 LF minimum. Forms (or approved equal.) —Black color. One per 500 LF minimum. 14 EXHIBIT "C" THIS DOCUMENT 1S A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ZONE 1- STREET RIGHT-OF-WAY Typical Croce -Sections Typical cross section for 40' wide righioaf-wad 15 EXHIBIT "C" Typical cross :Edon for 6, wide right-of-ways. is instrument was prepared by and a recording return to: Name Simon Ferro, Esq. Addres Gunster, Yoakley, & Stewart, P.A. 00 Brickell Avenue ite 3500 Mu i, Florida 33131 SUBSTITUTED (Space reserved for Clerk) DECLARA i N OF RESTRICTIVE COVENANTS This Declaration of Restricts Covenants (the "Declaration") made this day of , 2016, by MIAMI R RVIEW APTS., INC. (hereinafter referred to as the "Owner"), is in favor of the CITY OF AMI, FLORIDA, a municipality located within the state of Florida (hereinafter referred to a the "City"). WITNESS WHEREAS, Owner owns the property located .. 501 and 2507 N.W. 16th Street Road, Miami, Florida (the "Property"); and WHEREAS, on May 4, 2016, the Planning, Zoning and ' seals Board heard the Owner's applications requesting: (i) an amendment to the ' '. mi Comprehensive Neighborhood Plan re -designating the Property from "Medium .`ensity Restricted Commercial" to "Restricted Commercial" on the City's Future Land Us ap ("FLUM"); and (ii) a rezoning of the Property from T5-L (Urban Center -Limited) to -8-L (Urban Core -Limited), for the Property legally described in attached Exhibit A; and WHEREAS, on March 7, 2016, Owner's representatives met with the Mia River Commission ("MRC") and the MRC voted 6-3 in favor to recommend approval o he Rezoning subject to conditions reflected in a letter from the MRC addressed to the C SUBSTITUTED Miami Planning, Zoning and Appeals Board dated April 6, 2016 ("MRC Letter"), a copy is ached hereto as Exhibit B. EREAS, the Owner is desirous of making a voluntary binding commitment to assure tha he Property must be developed in accordance with the provisions of the Declaration. NOW THE FORE, the Owner voluntarily covenants and agrees that the Property shall be su deemed a covenant run ct to the following restrictions that are intended and shall be g with the land and binding upon the Owner of the Property, and its heirs, successors an assigns as follows: Section 1. The recitals a findings set forth in the preamble of this Declaration as well as the Exhibits referenced t rein are hereby adopted by reference thereto and incorporated herein as if fully set forth i his Section. Section 2. Maximum Densit and N ber of Residential Units. The maximum number of dwelling units that may be develop dwelling units. Section 3. Miami River Develo on the Property shall not exceed 650 ment Conside - tions. The Owner makes the following commitments regarding the conditions set forth i he MRC Letter: i. MRC Letter Conditions 1 and 2; Waterfront Standards. Owner shall be required to construct a public Riverwalk on the Property, and n ing in this paragraph shall be construed as a waiver of the requirement to constru a public Riverwalk. Owner acknowledges that Miami 21 Section 3.11 and Appen B ("Waterfront Standards") requires specific waterfront building setbacks, inc . • ing a public Riverwalk. Notwithstanding the foregoing, Owner shall have the rig to request and obtain modifications from any of the requirements of the terfront Standards, or other development criteria, as set forth in the City of Miami ode, Miami 21, and the City of Miami Charter. In the event the Owner requests . id Declaration of Restrictive Covenant: 2501 and 2507 NW 16 Street/Road Folio Number: 01-3134-081-0010 Page 2 of 7 SUBSTITUTED obtains any such modification(s), the Owner shall provide for a public Riverwalk within the modified setbacks. The public Riverwalk shall be designed in a way that facilitates a connection to any adjacent waterfront walkway within the parcels cated to the immediate east and west of the Property along the Miami River (" • , utting Parcels"). It shall not be the Owner's responsibility to obtain approvals or co.. aeration from the owners of the Abutting Parcels to connect with the public Riverw- on the Property. In the event the Abutting Parcels do not have an existing, p ned, or approved public Riverwalk, or if they refuse to connect to the public Rive k to the Property, the Owner may design the public Riverwalk without regard t• onnectivity with the Abutting Parcels. Owner's obligation under this section shall b- ulfilled upon the construction of a public Riverwalk within the Property and not upo he connection of said public Riverwalk with one or both of the Abutting Parcels. ii. Condition 3 of the MRC Le -r Traffic Stud : Owner has provided to the City of Miami, as part of the Rezone :, a traffic study prepared for Miami Riverview Apartments, Inc. by KBP Consu a, Inc. dated April 2016. This traffic study satisfies condition No. 3 of the MR1„' . etter. iii. Condition 4 of the MRC Letter; Seawal ..The proper elevation for development of the Property and whether a new seawall i' ecessary will be determined through the City's permitting process, and in accorda e with State and County laws and ordinance as applicable. iv. Condition 5 of the MRC Letter: Owner will provid - Working River covenant as required by Policy PA-3.1.9 of the Miami Neighborh •d Comprehensive Plan. Section 4. Effective Date. The provisions of this r laration shall become effective upon their recordation in the Public Records of Miami -Da • County, Florida, and shall continue in effect for a period of thirty (30) years after the date recordation, after which time they shall be extended automatically for successive period • en (10) years. This instrument shall constitute a covenant running with the land and title to e Property, which shall be binding upon the Owner, its heirs, successors, vendees and a • ns. Declaration of Restrictive Covenant: 2501 and 2507 NW 16 Street/Roa Folio Number: 01-3134-081-0010 Page 3 of 7 SUBSTITUTED Section 5. Applicable Law & Venue; Attorney's Fees. Florida law will apply to in pretation of this instrument. Venue in any civil actions arising under this instrument shal - in Miami -Dade County, Florida. Each party shall bear their own attorney's fees. Sec ' n amended, o by the then Ow amendment or rel Planning and Zoning which all advertising, the Owner. Upon approv herein, the Director of the C. execute a written instrument 6. Amendment and Modification. This instrument may be modified, leased as to any portion of the Property by a written instrument executed s of the fee -simple title to the land to be affected by such modification, se, providing that same has been approved by the City of Miami and Appeals Board and City Commission after a public hearing e, application, and public hearing expense shall be paid by of such modification amendment or release as specified of Miami's Planning Department or his successor shall ecordable form effecting and acknowledging such Such instruments shall be in a form acceptable to i modification, amendment or releas the City Attorney. Section 7. Ins • ection and Enforcem - t. An enforcement action may be brought by the City by action in law or in equity against - party or person violating or attempting to violate any covenants of this Declaration, • provisions of the City, County or applicable regulations, either to restrain violatio or to recover damages. This enforcement provision shall be in addition to any other r- + edies available under the law. Section 8. Severabilitv. Invalidation of any one of th - covenants by judgment of Court shall not affect any of the other provisions of the Declar- on, which shall remain in full force and effect. Section 9. Recording. This Declaration shall be promptly filed • ecord among the Public Records of Miami -Dade County, Florida, at the cost of the Ow , within 30 days of the City Commission's final adoption of the Change of Zoning and - Future Land Use Map amendments. The City of Miami Planning and Zoning Directo iII be Declaration of Restrictive Covenant: 2501 and 2507 NW 16 Street/Road Folio Number: 01-3134-081-0010 Page 4 of 7 SUBSTITUTED urnished a recorded copy by the Owner within ten (10) days of this Declaration being rded. [Signature Pages Follow] ACKNOWLEDGMENT CORPORATION Signed, witne ed and acknowledged on this _ day of , 2015. Witnesses: MIAMI RIVERVIEW APTS., INC. Signature By: Print Name Title: Address: Signature STATE OF COUNTY OF The foregoing instrument was acknowledgbefore me by , the of Miami Riverview Apts., Inc., on -half of the corporation. He is personally known to me or has produced -s identification. Witness my signature and official seal this County and State aforesaid. My Commission Expires: f 2016, in the Notary Public State of Print Name Declaration of Restrictive Covenant: 2501 and 2507 NW 16 Street/Road Folio Number: 01-3134-081-0010 Page 5of7 A`' ROVED AS TO LEGAL FORM AND COECTNESS: Victoria Mend. ' City Attorney APPROVED: Francisco J. Garcia, Planning .''rector SUBSTITUTED Declaration of Restrictive Covenant: 2501 and 2507 NW 16 Street/Road Folio Number: 01-3134-081-0010 Page 6of7 SUBSTITUTED Exhibit A Legal Description Declaration of Restrictive Covenant: 2501 and 2507 NW 16 Street/Road Folio Number: 01-3134-081-0010 Page 7 of 7