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HomeMy WebLinkAboutExhibit B Voluntary CovenantThis instrument was prepared by: Melissa Tapanes Llahues, Esq. Bercow Radell Fernandez & Larkin, PLLC 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 Folio Nos: 01-4103-040-1170, 01-4103-040-1160, 01-4103-040-1150, 01-4103-040- 1140, 01-4103-040-1130, 01-4103-040-1120, 01-4103-040-1110, 01-4103-040-1220, 01- 4103-040-1230, 01-4103-040-1240, 01-4103-040-1250, 01-4103-040-1260, 01-4103- 040-1270, 01-4103-040-1280 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANT This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2018, by LFH 101, LLC, Miami Duplex Rental LLC, SW 2nd Street Investment LLC and Little Havana Rentals LLC (hereinafter referred to as the "Owners"), 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 Owners hold fee simple title to certain real property located at: See Exhibit A, attached hereto, and hereinafter referred to as the "Property." WITNESSETH WHEREAS, the Owners sought and obtained a rezoning pursuant to Ordinance No. for the Property; and WHEREAS, the Owners are desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein. Declaration of Restrictive Covenant Page 2 of 10 NOW THEREFORE, the Owners voluntarily covenant and agree 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 Owners hereby make the following voluntary declarations running with the land concerning the use of the Property: 1. That a 10' landscape buffer be provided along SW 1 Street and SW 2 Street. 2. That street trees shall be provided along SW 1 Street and SW 2 Street at a maximum average spacing of thirty (30) feet on center in accordance with Article 9, Section 9.5.3.b of Miami 21. Section 3. Effective Date and Covenant Running with the Land. 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 Owners, their 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 Declaration shall continue in effect for a period of thirty (30) years after the effective date, after which time it shall be extended automatically for successive periods of ten (10) years each, unless released in writing pursuant to the terms herein. Declaration of Restrictive Covenant Page 3 of 10 Section 5. Applicable Law & Venue; Attorney's Fees. Florida law will apply to interpretation of this Declaration. 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 and costs. 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 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 Commission after a public hearing which public hearing shall be applied for and paid for by 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. 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 Miami's inspector, to enter upon the Property for the purpose of investigating the use of the Property and determining whether the Property complies with the conditions of this Declaration and the City of Miami's building and zoning regulations. 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. Each party shall bear their own fees and costs. Section 8. Election of Remedies. All rights, remedies, and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it Declaration of Restrictive Covenant Page 4 of 10 preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 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 effect. Section 10. Construction. Nothing in this Declaration shall be construed to create or imply a vested right to any development. This Declaration 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 10 ACKNOWLEDGMENT Signed, witnessed, executed and acknowledged on this day of , 2018 WITNESSES: OWNER: LFH 101, LLC, a Signature Florida limited liability company Print Name Signature By: Print Name Michael Shealy, Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by Michael Shealy, as Manager of LFH 101, LLC, a 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 Declaration of Restrictive Covenant Page 6 of 10 ACKNOWLEDGMENT Signed, witnessed, executed and acknowledged on this day of , 2018 WITNESSES: OWNER: Signature Print Name Signature Print Name LITTLE HAVANA RENTALS LLC, a Florida limited liability company By: Michael Shealy, Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by Michael Shealy, as Manager of LITTLE HAVANA RENTALS LLC, a 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 Declaration of Restrictive Covenant Page 7 of 10 ACKNOWLEDGMENT Signed, witnessed, executed and acknowledged on this day of , 2018 WITNESSES: OWNER: MIAMI DUPLEX RENTAL LLC, Signature a Florida limited liability company Print Name Signature By: Print Name Michael Shealy, Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by Michael Shealy, as Manager of MIAMI DUPLEX RENTAL LLC, a 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 Declaration of Restrictive Covenant Page 8 of 10 ACKNOWLEDGMENT Signed, witnessed, executed and acknowledged on this day of , 2018 WITNESSES: OWNER: Signature Print Name Signature SW 2ND STREET INVESTMENTS LLC, a Florida limited liability company By: Print Name Michael Shealy, Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by Michael Shealy, as Manager of SW 2ND STREET INVESTMENTS LLC, a 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 Declaration of Restrictive Covenant Page 9 of 10 Approved as to Planning and Zoning: Francisco Garcia, Director, Planning Department Approved as to Legal Form: Victoria Mendez, City Attorney Declaration of Restrictive Covenant Page 10 of 10 Exhibit A LEGAL DESCRIPTION: Lots 2 through 9 and Lots 16 through 22, Block 6, CENTRAL PARK SUBDIVISION, according to the Plat thereof, as Recorded in Plat Book 5, Page 57, of the Public Records of Miami —Dade County, Florida.