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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 Page 2 of 8 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 Page 3 of 8 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 Page 4 of 8 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 Page 5 of 8 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 Page 6 of 8 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 Page 7 of 8 Exhibit A Declaration of Restrictive Covenant Page 8 of 8 Exhibit B