HomeMy WebLinkAboutExhibitThis instrument was prepared by:
Ben Fernandez, Esq.
Bercow Radell & Fernandez, PA
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANT
This Declaration of Restrictive Covenants (the "Declaration") made this day
of , 2018, by Interstate Deerfield, 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").
WITNESSETH
WHEREAS, the undersigned Owner holds fee simple title to certain real
property located at 563 NE 67 Street, See Exhibit A, attached hereto, and hereinafter
referred to as the "Property."
WHEREAS, Nicholas Richberg, the undersigned officer of Interstate
Deerfield, LLC is also a partner in Interstate Development LLP, a Florida
Limited Liability Partnership that is the owner of certain real property located at
571 NE 67 Street, See Exhibit B, attached hereto, and hereinafter referred to
as the "Abutting Property."
WHEREAS, Interstate Development LLP sought and obtained a certificate
of appropriateness from the City of Miami Historic and Environmental Preservation
Declaration of Restrictive Covenant
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Board (HEPB) pursuant to Resolution No. HEPB-R-18-002 for the Abutting
Property; and
WHEREAS, Interstate Development LLP voluntarily proffered to the
HEPB Board in relation to Abutting Property that the height of any structure
on the Property will not exceed that permitted under the T3-L transect, as
described in the Miami 21 Code.
WHEREAS, the Owner is desirous of making a voluntary binding
commitment to assure 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 its heirs, successors 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 make the following voluntary declarations
running with the land concerning the use of the Property:
1. That that the height of any or all structures on the Property will not
exceed that permitted under the T3-L transect, as described in the
Miami 21 Code. The permissible uses on the Property shall remain
as allowed under the T5-L transect regulations, or as allowable by
special permit under the T5-L transect regulations, and the Property
may apply for and transfer floor area as may be permitted by Chapter
23 of the City of Miami Code.
Declaration of Restrictive Covenant
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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 shall be binding upon Owner, its 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. 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 5. 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 Board Appeals Board
and City Commission after a public hearing which public hearing shall be applied
for at the 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 6. 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
building and zoning regulations, either to restrain violations or to recover damages.
The prevailing party in the action or suit shall be entitled to recover costs and
reasonable attorney's fees. This enforcement provision shall be in addition to any
Declaration of Restrictive Covenant
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other remedies available under the law. The award of attorney's fees to a
prevailing party shall not be used or enforced against the City of Miami.
Section 7. Severabilitv. 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 effect.
Section 8. Recording; Effective Date. This agreement shall be recorded
and shall constitute a covenant running with the land, and shall be binding on the
Parties, their successors, heirs, and assigns. This Agreement shall be effective
for a period of 30 years, and shall be automatically renewed for successive periods
of 10 years unless either party gives notice and records it at least 30 days prior to
the expiration of any 10 year renewal period. Covenantors shall record this
Agreement and provide a copy to the City within 5 days of the Effective Date of
this Agreement.
Section 9. Construction. Nothing in this covenant shall be construed to
create or imply a vested right to any development. This covenant shall be
construed as a restriction, and shall not be construed to authorize or permit any
development that is not in compliance with the local laws and regulations in effect
at the time of the application for any permit.
[Signature Pages to Follow]
Declaration of Restrictive Covenant
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ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this day of
, 2018.
Witnesses:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Interstate Deerfield, LLC
By:
Title:
Address:
The foregoing instrument was acknowledged before me by
the of
, on behalf of the corporation. He/She is ❑
personally known to me or ❑ has produced , as
identification.
Witness my signature and official seal this day of
2018, in the County and State aforesaid.
Notary Public State of Florida
My Commission Expires: Print Name
Declaration of Restrictive Covenant
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Approved as to Form and Correctness:
By:
Victoria Mendez
City Attorney
Approved:
By:
Francisco Garcia
Director of Planning and Zoning
Approved:
By:
Devin Cejas
Zoning Administrator
Approved:
By:
Juvenal Santana, P.E. CFM
Director of Public Works
Approved:
By:
Jose Camero, R.A.
Director, Building Department
Declaration of Restrictive Covenant
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Exhibit A
Declaration of Restrictive Covenant
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Exhibit B