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Home My WebLink AboutExhibit BThis instrument was prepared by and after recordation return to: Ben Fernandez, Esq. Bercow RadeII Fernandez & Larkin, PLLC 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of 2017, by 2814/16 SW 37, LLC (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"). WHEREAS, the undersigned Owner holds fee simple title to certain real property located at 3700-02 SW 28 Street, 2810-12 SW 37 Avenue, 2814 SW 37 Avenue, and 2816 SW 37 Avenue and 2818 SW 37 Avenue in Miami, Florida, which are identified by Miami -Dade Tax Folio Nos. 01-4117-002-0420, 01-4117-002-0430, 01-4117-003-0010, 01-4117-003-0011 and 01-4117-003-0040, and legally described as follows: Lai t less the East 10 feet thereof, in t3lock 3 DOUGLAS MANOR, according to the Plot thereof, os recorded in Plot Book 7, at Page 157, of the Public Records of uiarni—Dade-County, Florida. Lot 2 less the east 10 feet thereof, in Hock 3. of 0000LAS MANOR, accord to the Plot thereof, os recorded in Plot Book 7, at Page 157, of the Public Records of Dade County,_ Florida: together with the improvements situtote thereon. Lot i, LESS the East 20 feet thereof, in Mock 1 of 'realty securities corporation s .plat of cocoanut grove" mcording try tite plat thereof as recorded in Plat Soak .2 at Page 85 of the Public Records o€ ode County. Florida. Lot. 4, less the East 20 Fe -et, in Rlock 1, of REALTY SECUR'ilES CORPORATION'S PLAT OF COCONUT GROVE, according, to the Plot thereof, recorded in Plat Book 2, Page 85, of the Public Records of Miami —Dade County, Florida. hereinafter referred to as the "Property." 17-1972 September 29, 2017 rsr 9 Declaration of Restrictive Covenant Page 2of6 WITNESSETH WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No. for the Property; and WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure and affirm that the Property shall be developed in accordance with the provisions of the Declaration herein. 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 a covenant running with the land and binding upon the Owner of the Property, and their heirs, successors, vendees, and assigns as follows: Section 1. 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. Section 2. The Owner hereby makes the following voluntary declarations running with the land concerning the use of the Property: A. Prohibited Uses. The Property shall not be used any of the following specified uses: 1) Car wash; 2) Gas station; 3) Major mechanical work; 4) Body work; 5) Welding; 2 Declaration of Restrictive Covenant Page 3 of 6 6) Any work involving noise, glare, fumes, or smoke, all of which are considered auto -related commercial establishment and/or auto -related - industrial activities as is defined in Section 1.1 d. of Miami 21, as may be amended; 7) Sale of alcohol for the primary purpose of off -site consumption; and 8) Alcohol service establishments, as the term is defined in Section 1.1.d. of • Miami 21, as may be amended, including bars, taverns, cocktail lounges, nightclubs, or supper clubs. Section 3. Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property that shall be binding upon Owner, its heirs, successors and assigns. These restrictions shall be a limitation upon all present and future Owners of the Property and shall be for the public welfare. Section 4. Term. 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, heirs, vendees, and assigns, for an initial period of thirty (30) years from the date this instrument is recorded in the public records of Miami -Dade County, Florida, and shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. Section 5. 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 6. 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 Owner(s) 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, Zoning and 3 Declaration of Restrictive Covenant Page 4of6 Appeals Board or City Commission after a public hearing which public hearing shall be applied for and noticed at the sole cost and expense of 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 effectuating and acknowledging such modification, amendment or release. Such instruments shall be in a form acceptable to the City Attorney. Section 7. Inspection and Enforcement. After notice and an opportunity to cure, an enforcement action may be brought by the City or by any person owning or occupying property within 500 feet of the Property, by action in code compliance, law and/or in equity, as applicable, 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. Each party shall bear their own attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. Section 8. 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 9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, and the City of Miami Planning Director will be furnished a recorded copy by the Owner within thirty (30) days of this Declaration being recorded. [Signature Pages to Follow] ACKNOWLEDGMENT CORPORATION 4 Declaration of Restrictive Covenant Page 5 of 6 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this o2 2017. WITNESSES: gnature cit Signature Car7Die v-K.a frt Print Name fie _ day of OWNER: 2814/16 SW 37. L Managing Member / Partner Name: Toni Alam Title: AMBR 375 Hibiscus Drive Miami Beach, Florida 33139 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by Toni AID the AMBR of 2814116 SW 37, LLC, on behalf of the limited liability company. He is ®'personally known to me or IJ has produce entification. Witness my signature and official seal thi1 day of /tcntkr 2017, in the County and State aforesaid. s �fEflf 1 " to of €lorida ComrnjSslon * FF 942458 4. My Comm. Expires Dec 14, 2019 Bonded through National Notary Assn Notary Puc State o Florida Print Name 5 Declaration of Restrictive Covenant Page 6 of 6 Approved as to Planning and Zoning: Francisco Garcia, Director, Planning Department Approved as to Legal Form: Victoria Mendez, City Attorney 6