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HomeMy WebLinkAboutExhibit BThis instrument prepared by, and after recording return to: Name: Iris V. Escarra, Esq. Address: Greenberg Traurig, P.A. 333 SE 2nd Avenue Miami, Florida 33131 1Snace reserved for Clerk of Court') DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2018, by Sandpiper Villas Co -Op Apts., Inc., a Delaware not -for - profit corporation having offices at 1130 Venetian Way, Management Office, Miami, Florida 33139 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 1130 Venetian Way, Miami, Florida 33139, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner is requesting the vacation and closure of a remnant portion of South Venetian Drive which immediately abuts the northern boundary line of the Property and for the median portion of the land restricted to park use, although never improved as a park, as more particularly described in Exhibit "B" and hereinafter referred to as the "Street Closure"; and WHEREAS, the property subject to the Street Closure is currently used as a surface parking lot and will continue to be used for the benefit of the Owner following approval of the Street Closure; and MIA 186563080v1 Sandpiper Street Closure Covenant WHEREAS, Owner voluntarily proffers this Declaration and agrees that this will be a covenant running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: 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. 2. Use Restriction. Owner agrees to use the property subject to the Street Closure as a surface parking lot or other similar use for the perpetual benefit of the Owner of the Property, its successors in interests and assigns. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records, and shall be automatically extended for periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. Applicable Law. The restrictions within this Declaration on the part of the Owner are being made under the applicable laws of the City at the time of the Effective Date. 6. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours of the City of 2 MIA 186563080v1 Sandpiper Street Closure Covenant Miami's inspector to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at 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. This enforcement provision shall be in addition to any other remedies available under the law. 7. Amendment and Modification. This instrument may be modified, amended, or released as to any portion or all of the Property in writing by the following: (i) then owners of the Property AND (ii) the Director of the Department of Planning and Zoning, following approval by the City Commission at a public hearing. Any amendment or modification approved by the City Commission shall be executed by the Director of the Department of Planning and Zoning, his successor, or designee, and be in a form acceptable to the City Attorney. 8. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 3 MIA 186563080v1 Sandpiper Street Closure Covenant 10. No Vested Rights. Nothing in this covenant shall be construed to create any vested rights whatsoever for the Owner, its successors and assigns. SIGNATURE PAGES TO FOLLOW 4 MIA 186563080v1 Sandpiper Street Closure Covenant IN WITNESS WHEREOF, the undersigned has set his hand and seal this Witnessed by: Name: , 2018. Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) Sandpiper Villas Co -Op Apts., Inc, a Delaware not -for -profit corporation By: Sharon Denaro, President The foregoing instrument was acknowledged before me this 2018 by Sharon Denaro as President of Sandpiper Villas Co -Op Apts appeared before me, is personally known to me or produced as MIA 186563080v1 day of day of , ., Inc. She personally identification. Name: Notary Public, State of Florida Commission No. My commission expires: 5 Sandpiper Street Closure Covenant APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning and Zoning Department 6 MIA 186563080v1 Sandpiper Street Closure Covenant Exhibit "A" Lots 4, 5 and 6, inclusive, in Block 2, of BISCAYNE ISLAND, according to the plat thereof, as recorded in Plat Book 34, at Page 93, of the Public Records of Miami -Dade County, Florida. 7 MIA 186563080v1 Sandpiper Street Closure Covenant Exhibit "B" 8 MIA 186563080v1