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HomeMy WebLinkAboutExhibit BThis instrument was prepared by and after recordation return to: Ben Fernandez, Esq. Bercow Radell 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 , 2018, by 1000 Spring Garden, LLC (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within Miami - Dade County in the State of Florida (hereinafter referred to as the "City"). WHEREAS, the undersigned Owner holds fee simple title to certain real property located at and legally described on the attached Exhibit A, hereinafter referred to as the "Property." WITNESSETH WHEREAS, the Owner sought a vacation of right-of-way pursuant to Resolution No. 18- 0424, adopted by the City Commission on September 27, 2018, 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, grantees, and assigns as follows: Section 1. Recitals. 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. Affordable Housing Contribution. The Owner shall contribute one hundred thousand dollars ($100,000.00) to the Miami 21 Public Benefits Trust Fund to be used Declaration of Restrictive Covenants Page 2 of 5 for affordable housing purposes within thirty (30) days of the effective date of the Resolution vacating the right-of-way. Section 3. Effective Date. This Declaration is effective at the date of execution hereof. Section 4. Covenant Running with the Land. This instrument shall constitute a covenant running with the title to the Property that shall be binding upon Owner, its heirs, successors, vendees, grantees, 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 5. Term. This voluntary Declaration 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, grantees, 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 6. Applicable Law & Venue; Attorney's Fees. Florida law will apply to interpretation of this Declaration. Venue in any civil actions arising under this Declaration shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees. Section 7. 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 Appeals Board or by the City Commission, as determined by the City Planning Department, 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 or designee, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment, or release. Such instrument(s) shall be in a form acceptable to the City Attorney. Section 8. Inspection and Enforcement. After notice and an opportunity to cure, an enforcement action to enforce the terms and conditions of this Declaration may be brought by the City or by any person owning or occupying property within five hundred feet (500') of the Property, by action in code compliance, and/or in law and/or in equity, or both, as applicable, 2 Declaration of Restrictive Covenants Page 3 of 5 against any party or person(s) violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, to restrain violations and/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 9. 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 10. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, by the Owner and at the cost of the Owner, and the City of Miami Planning Director will be furnished a certified and recorded copy by the Owner within thirty (30) days of this Declaration being recorded. [Signature Pages to Follow] 3 Declaration of Restrictive Covenants Page 4 of 5 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of 2018. WITNESSES: OWNER: 1000 Spring Garden, LLC Signature Print Name Signature Print Name By Copiam Investments, LLC as the Managing Member / Partner of 1000 Spring Garden, LLC Name: Alfonso Jaramillo Title: Managing Member 1782 Cleveland Road Miami Beach, Florida 33141 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by Alfonso Jaramillo, authorized signatory of Copiam Investments, LLC the Managing Member/ Partner of 1000 Spring Garden, LLC, on behalf of the limited liability company. He 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. My Commission Expires: Notary Public State of Florida Print Name 4 Declaration of Restrictive Covenants Page 5 of 5 Approved as to Planning: Francisco Garcia, Director, Planning Department Approved as to Zoning: Devin Cejas, Director, Zoning Department Approved as to Legal Form: Victoria Mendez, City Attorney 5