HomeMy WebLinkAboutExhibit - Declaration of RestrictionsPrepared by and Return to:
Maria A. Gralia, Esq.
Stearns Weaver Miller
Weissler Alhadeff & Sitterson, P.a.
Museum Tower
150 West Flagler Street, Suite 2200
Miami, Florida 33131
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS that the undersigned, Las Palmas VOA
Affordable Housing, L.P. ("Owner"), being the owner of the following described property (the
"Property"), lying, being and situated in Miami -Dade County, Florida, to -wit:
Lots 1 and 6, Block 6, Supplemental Plat of Riverside Farms,
according to the Plat thereof as recorded in Plat Book 2, Page 88 of
the Public Records of Dade County, Florida.
in order to assure the City Commission of the City of Miami, Florida, that the representations
made to it by the Owner will be abided by, voluntarily make the following Declaration of
Restrictive Covenants covering and running with the Property:
1. That use of the Property shall be limited to a landscape open space plaza for the exclusive
use of the residents of Las Palmas Plaza I and II, an elderly residential community (the
"Principal Use") in substantial conformance with the Survey dated December 14, 2016
(the "Survey").
2. That as long as the Principal Use is in existence, the wall erected on the northern
boundary of the Property shall remain.
It is understood and agreed by the undersigned that any official zoning inspector of the
City of or any agents duly authorized by the Director of Planning may have the privilege at any
time during normal working hours of entering and investigating the use of the Property to
determine whether or not the restrictions herein agreed to are being fulfilled.
These restrictions during their lifetime shall be a restriction and 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 be binding upon the undersigned, its successors and assigns until such time as the same is
modified or released.
These covenants shall continue for a period of 30 years from the date of recordation, after
which time they shall be extended automatically for successive periods of ten years, unless an
instrument signed by a majority of the then owner(s) of the Property has been recorded which
changes or releases the covenants in whole, or in part, provided that the covenants have first been
released or the changes approved by the City of Miami.
This Declaration of Restrictive Covenants 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 lands to be affected by such modification, amendment or
release, provided that the same has first been approved by the City Commission of Miami,
Florida after public hearing.
Enforcement shall be by action at law or in equity against any parties or persons
violating, or attempting to violate, any covenants, either to restrain violation or to recover
damages in accordance with Florida law with venue in Miami -Dade County, Florida. Each party
shall bear their own attorney's fees.
Invalidation of any one of these covenants in no way shall affect any of the other
provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, the Owner has caused these presents to be executed and
signed in its name by its proper officer, the day and year set forth below.
Executed this
STATE OF
COUNTY OF
of , 2017.
LAS PALMAS VOA AFFORDABLE
HOUSING, L.P.
By: VOA Las Palmas AH GP, Inc.,
A Florida corporation, as its sole
General Partner
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of, , 2017, by
, as of VOA Las Palmas AH GP, Inc., the General Partner of Las
Palmas VOA Affordable Housing, L.P., who is personally known to me, or who has produced
as identification.
Signature:
Notary Name:
(NOTARY SEAL ABOVE) Notary Public - State of Florida
#5594663 vl