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HomeMy WebLinkAboutExhibit B - CovenantExhibit B This 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 7th and 45th Avenue Venture, LLC, a Florida Limited Liability Company (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"). WHEREAS, the undersigned Owner hold fee simple title to certain real property located at: 790 Northwest 44 Avenue (folio number: 01-3132-016-0080). See Exhibit A, attached hereto, and hereinafter referred to as the "Property." WITNESSETH WHEREAS, the Owner sought and obtained a Change of Zoning from "T5- R" Urban Center -Restricted to "T6-8-O" Urban Core -Open, pursuant to Ordinance No. for the Property; and 790 NW 44 Street Covenant 1 2 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 makes the following voluntary declarations running with the land concerning the use of the Property: 1. Any commercial use of the Property shall be limited to surface parking and landscape open space to only serve abutting commercial uses on the T6-8- 0 zoned properties to the south located between North West 7 Street and the Property (4401, 4431, 4475 NW 7th Street further identified by Miami - Dade Tax Folio Nos. 01-3132-006-0120, 01-3132-006-0130 and 01-3132- 006-0140). 2. If the Property is not developed as a parking lot, rather than remaining vacant, the site may be redeveloped with Uses permitted in the T5-R Zoning Transect. Section 3. Effective Date. This Declaration is effective at the date of acceptance by the City of Miami and full 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. 790 NW 44 Street Covenant 2 3 Section 4. Applicable Law & Venue; Attorney's Fees. Florida law and the City Code and Ordinances 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. Section 5. Amendment, Modification, Release. 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 and after a recommendation from the Planning, Zoning and Appeals Board. All public hearings shall be applied for at the expense of the then 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. 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 for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. 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 attorney's fees and costs. This enforcement provision shall be in addition to any other remedies available under the law. 790 NW 44 Street Covenant 3 4 Section 7. 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 8. Term; Recording. This Declaration 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 Declaration shall be effective for a period of 30 years, and shall be automatically renewed for successive periods of 10 years unless modified, amended or released prior to the expiration thereof. Owner shall record this Declaration within thirty (30) days of acceptance from the City and provide a copy to the City within five (5) days of recording. Section 9. 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] 790 NW 44 Street Covenant 4 5 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of , 2019. WITNESSES: OWNER: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 7th and 45th Avenue Venture, LLC, a Florida limited liability company By: Supermarket Management, Inc., its Manager Signature: By: Title: 8500 SW 8th Street, Suite 228 Miami, FL 33144 The foregoing instrument was acknowledged before me by , the of Supermarket Management, Inc., the manager of 7th and 45th Avenue Ventures, LLC, on behalf of the limited liability company. 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 790 NW 44 Street Covenant 5 6 Exhibit A Legal Description Lot 8, Rainey Manors, according to the Plat thereof, as recorded in Plat Book 61, Page 94, of the Public Records of Miami Dade County, Florida, Folio No.: 01-3132- 016-0080. 790 NW 44 Street Covenant 6 7 Approved as to Legal Form and Correctness: By: Victoria Mendez, City Attorney Approved: By: Francisco Garcia, Director of Planning Approved: By: Joseph A. Ruiz Zoning Administrator 790 NW 44 Street Covenant 7