HomeMy WebLinkAboutExhibit-Amendment to Recorded Covenant-SUBTHIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
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This instrument prepared by and
after recording return to:
Gilberto Pastoriza, Esq.
Weiss Scrota Hc1£man Cole & Bierman, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, FL 33134
Subniffird „ttR' the pu
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DECLARATION OF RESTRICTIVE COVENANTS
t5-
City Clerk
KNOW ALL ME BY THESE PRESENTS: That 7000 Biscayne LLC, ("Owner")
hereby makes, declares and imposes on the land legally described on Exhibit "A" attached hereto
(the "Property") the covenants running with the title to the land set forth herein, which shall be
binding on the Owner, all heirs, successors and assigns, personal representatives, mortgagees,
lessees and against all persons claiming by, through or under them.
WHEREAS, Owner holds fee simple title to the Properties; and
WHEREAS, Owner previously has imposed a declaration of restrictive covenants
affecting the Property recorded at Official Records Book 29358 Page 1677 in the Public Records
of Miami -Dade County, Florida (the "Original Declaration"); and
WHEREAS, Owner has applied to rezone the property described in Exhibit "B" (the
"Rezoned Property") from T4-L to T4-O; and
WHEREAS, Owner desires to continue to restrict the use of the Rezoned Property to only
surface parking and those uses permitted in the T3-L zoning district;
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which are
hereby acknowledged, Owner hereby agrees as follows.
1. The use restrictions contained in the Original Declaration applicable to the
Rezoned Property referenced therein are hereby superseded by this Declaration_ All other
provisions of the Original Declaration remain in effect.
2. The Rezoned Property shall not be used for any purpose other than surface
parking as permitted by the T4-O Transect Zone and uses permitted under T3-L Transect Zone
by the Miami 21 Zoning Code.
3. The Rezoned Property shall comply with all Miami 21 regulations, including, but
not limited to, Section 9.7.
4. The Covenants shall be in effect for a period of thirty (30) years from the date the
documents are recorded in the public records of Miami -Dade County, Florida, after which time it
shall be extended automatically for successive periods of ten (10) years, unless released in
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Sulinlitt,d into i1i public
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
recortd 101 ii in(:
on _64221_
?.IS
C iiy Clerk
accordance with paragraph 5. With respect to any portion of the subject property over which a
condominium, homeowners or other similar association then exists, the instrument of
amendment, modification or release shall be executed by such association (in accordance with
this governing documents) in lieu of the fee owners of such portion of the subject property.
5. The provision of this instrument may only be amended, modified or released by
not less than 4/5ths vote of the City Commissioners at a duly noticed public hearing, the cost of
which shall be paid by the Owner.
6. Enforcement shall be by action against the parties or persons violating or
attempting to violate any covenants. Each party shall bear their own respective attorney's fees.
This enforcement provision shall be in addition to any other remedies available at law, in equity
or both. The City of Miami shall not be liable for attorney's fees or costs.
7. Invalidation of any of these covenants by judgment of court shall not affect any of
the other provisions, which shall remain in full force and effect.
8. This Declaration of Restrictive Covenants shall be recorded in the Public Records
of Miami -Dade County, Florida, at the Owner's expense, within 10 days of the approval of the
rezoning of the Rezoned Property.
9. 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 as may be available to it.
10. This Declaration of Restrictive Covenants does not and shall not be construed to
confer any vested rights on the Property whatsoever.
[EXECUTION PAGE FOLLOWS]
2
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
Submitted into the public
icc
record or it rn{s) f
on 22. City Clerk
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
WITNESSES
)AA()U9
Print Name: 6 (tA.0 Vooke
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
7000 BISCAYNE LLC,
a Florida limited liability company
By:
C
Print Name: Todd Leoni
Its: Managing Member
The foregoing instrument was acknowledged before me (his
by Todd Leoni, as managing member of 7000 Biscayne LLC,
company, in the capacity aforestated; such person is (check one) [
[ ] has produced as identification.
2688001
day of JJ ,2017
Florida limited liability
personally known to me or
NOTARYAPIABLIC ��0
PRINT NAME
My commission expires:
(Seal)
)
ANDREW VOGEL
MY COMMISSION #FF919683
EXPIRES Nornember25,2009
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
EXHIBIT "A"
Legal Description:
Subutittcd into the public
record or it'rn(s) .ff 2.. IS
onn "-! i- . City Clerk
Lots 24 and 25, less the east 8 feet of lot 25, Block 2 of BAYWOOD, according to the Plat
thereof, as recorded in Plat Book 5, at Page 85, of the Public Records of Miami -Dade County,
Florida.
Folio: 01-3218-004-0650
Address: 7000 Biscayne Blvd.
Owner: 7000 Biscayne, LLC,
4
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
EXHIBIT "B"
Legal Description of the "Rezoned Property":
Submitted into the public
record for itcrrris) 1 Z.l S
on (91 11 d City Clerk
Lot 24, in Block 2, of Baywood, according to the Plat thereof, as recorded in Plat Book 5, Page
85, Public Records of Miami -Dade County, Florida. Containing approximately 5,100 Square
Feet, more or less.
Folio: 01-3218-004-0650
Address: 7000 Biscayne Boulevard, Miami, Florida
Owner: 7000 Biscayne LLC.
5
SUBSTITUTED
This instrument prepared by and
after recording return to:
Gilberto Pastoriza, Esq.
Weiss Scrota Helfman Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, FL 33134
AMENDMENT TO DECLARATION OF RESTRICTIVE CO NANTS
IN LIEU OF UNITY OF TITLE
KNOW ALL ME BY THESE PRESENTS: That 700! Biscayne LLC ("Owner")
hereby amends that certain Declaration of Restrictive Covent in Lieu of Unity of Title
recorded at Official Records Book 29358, Pages 1677 throu: 1682 of the Public Records of
Miami -Dade County, Florida (the "Declaration"), as set fort erein. Except as amended herein,
all other terms and restrictions within that Declaration r- ain effective upon the land legally
described on Exhibit "A" attached hereto (the "Property"
WHEREAS, Owner holds fee simple title to e Property; and
WHEREAS, Owner has previously c sed the Declaration to limit the properties
described in Exhibit "B" therein, and then zo ' d T4-L, to T3 and surface parking use only; and
WHEREAS, Owner has applied t• ezone the property described in Exhibit "B" from T4-
L to T4-O; and
WHEREAS, Owner desir to amend the Declaration to reflect the new zoning
designation of the property descr . ed in Exhibit "B".
NOW, THEREFO' ., for valuable consideration, the receipt and adequacy of which are
hereby acknowledged, 0 er hereby agrees as follows:
1. Sectio of the Declaration is hereby amended as follows:
Fr. : "Limit the T4-L property legally described in Exhibit "B" to all uses
-rmitted under T3 and only surface parking under the T4-L uses."
To: "Limit the T4-0 property legally described in Exhibit "B" to all uses
permitted under T3 and only surface parking under the T4-0 uses"
Section 2 of the Declaration is hereby amended as follows:
SUBSTITUTED
From: "At the time of building permit, the T4-L property shall comply with al
Miami 21 regulations, including Section 9.7."
To: "At the time of building permit, the T4-O property shall comply th all
Miami 21 regulations, including Section 9.7."
3. Except as modified herein, the Declaration is to remain effectivagainst the
Property as originally recorded.
2
SUBSTITUTED
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed
of the day and date first above written.
WITNESSES
7000 BISCAYNE LLC,
a Florida limited liability company
By:
Print Name: Print Name: Todd Leoni
Its: MananMember
Print Name:
STATE OF FLORIDA
SS:
COUNTY OF DADE
The foregoing instrument was acknowledg . before me this day of , by
Todd Leoni, as managing member of 7000 Bisca e LLC, a Florida limited liability company, in
the capacity aforestated; such person is (chec one) [ ] personally known to me or [ ] has
produced as ' dentification.
2688001
3
NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)