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HomeMy WebLinkAboutExhibit BOFF. 1554! 1 657 REC. 92R220920 1992 JUN 10 11102 • AGREEMENT AND DECLARATION Qy RE tICTIYE COTENANTS TS .THIS AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS by 3101 Associates, Ltd., a Florida .limited partnership, the fee - simple owner of the subject property (the "Owner"), in favor of the City of Miami, Florida, .(the "City") a municipality of the State of Florida. NIZNEARN2 11: WHEREAS, the Owner controls fee -simple title to certain property (the "Property") in the City of Miami, Florida (the "City") situated along the main thoroughfare of Biscayne Boulevard between 31st and.32nd Streets: Lots 2, 3, 4, 5, 6, 7, 8, 9, 10 and the East 14 feet of Lot 11, in Block 1, BROADMOOR, according to the Plat thereof, as recorded in Plat Book 2, at Page 37, of the Public Records of Dade County, Florida. AND The East 24 feet of Lot 1, and all of Lots 2, 3, 4, 5, in Block 3, ELWOOD COURT, according to the Plat thereof, as recorded in Plat Book 9, at Page 181, of the Public Records of Dade County, Florida. AND The East 1/2 of Lot 6 and the West 45 feet of Lot 7, in Block 3, of ELWOOD COURT, according to the Plat thereof, as recorded in Plat Book 9, at Page 181, of the Public Records of Dade County, Florida. Pr pared bys Lucia A. Dougherty, Esq. Oraeaberg, Traurig, Hoffman, Lipoff, Roman & Quantal, P.A. 1221 Bricks11 Amoco* Miami, Florida 33131 '2 k�C. OFF. 15547112658 WHEREAS, the Property is zoned C-1; however, the Owner seeks to provide assurances to the City that, the Property will be developed in a manner that will limit the impacts upon adjacent residential uses; and WHEREAS, on September 26, 1985, the City Commission accepted a Declaration of Restrictions (the "Covenant") which, among other covenants, requires street dedication, which would be an extension of Northeast 4th Avenue; the dedication of property -to the east of said street dedication for a mini -park; maintenance of said mini park; extension; a sign at the mini -park; and $2,500 to be paid to the City improvement Fund (for Clemente Park), a copy of construction of the 4th Avenue of Miami Parks such unrecorded Covenant is attached hereto as Exhibit "A" (the "Covenants); and WHEREAS, the Covenant provided that it may be released, modified or amended by written instrument upon approval at a public hearing before the City Commission; and WHEREAS, the City Commission determined on April 25, 1991 that it is in the best interest of the general welfare of the City of Miatni and its inhabitants to substitute and supercede the Covenant with this agreement (the "Substitute Covenant"). NOW, THEREFORE, the Owner voluntarily agrees and covenants that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, its succes- sors and assigns, as follows: 2 • , • a 15547?i2659 A. Use Limitations. The Property shall -be developed as a mixed use retail shopping center with no more than 25,000 square feet of leasable space. A landscape plan shall be submitted to and approved by the Planning, Building°and Zoning Department upon the issuance of a building permit for the property. B. Property Contribution. Upon written request by the City, made within ninety-nine (99) years of the date of. this Covenant, the Owner shall deed to the City the following described property (the "Additional. Property"): . West 45 feet of Lot 7, Block 3, ELWOOD•COURT, according to the Plat thereof as recorded in Plat Book 9 at Page 181 of the Public Records of Dade County, Florida; and Lots 2 and 3.and Lot 4 less the west 10 feet, Block 1, BROADMOOR, ac- cording to the Plat thereof as reco- rded in. Plat Book 2 at .Page 37 of the Public Records of Dade County, Florida. Until such a request is made by the City, Owner shall not con- struct or build upon the Additional Property but in all -other respects, shall maintain all aspects of rights and obligations of ownership thereof including but not limited to payment of all tax as assessed thereon and maintain all of the property in accordance with all applicable codes. C. Effective Date. This instrument shall constitute a covenant running with the title to the Property and Additional Property, respectively, and be binding upon the Owner, its successors and assigns. These restrictions shall be for the 3 `%1%r t VirntytOUR 1 nuU.]c I VpLfl �E E MICROFILMED 0 LOCATION A OPERA DEPUTY CLERK. CIRCUIT COURT :< • • IR: 15547117660 benefit and limitation upon all present and future owners of the Property and Additional Property, respectively, and for the public welfare. D. Amendment and Modifigation. This instrument may be modified, amended or released as to any portion of the Property or Additional Property, upon the approval by the City Commission after a public hearing. E. 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 of the Property and Additional Property for 99 years. F. Inspection ispcl 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, to determine whether the conditions of this Declaration are being complied with. An enforcement action may be brought by the City and shall be by action at law or in equity against any party or person violating or attempting to violate any covenants, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorneys fees. This enforcement provision shall be in addition to any other remedies available under the law. G. Recording. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owner. 4 ICAN NATIONAL STANDARDS INSTITUTE FOR PERMANENT MICROPNOTOORAPNIC p IONS. - E MICROFI ED OURTHOUSE TOWER LOCATION CAMERA OPERATOR .DEPUTY CLERK, CIRCUIT COURT - i FEE: 15547PGZ661. REC. H. This Substitute Covenant supercedas in its entirety and renders null and void and of no further force or effect the Coven- ant and all of the provisions thereof. IN WITNESS WHEREOF, tandd signed have set their hands and -.� . iUAK/ seals this /5- day of 1992. ATTEST: CITY CLERK APPROVED AS TO FORM CITY ATTORNEY 5 3101 ASSOCIATES, LTD., a Florida Limited Pa• nership BY: Ian K g -r, General Partner and Au .rized Signatory CITY OF MIAMI, FLORIDA BY CITY MANAGER R • r r • • OFF. 15547P62662 ItEC. STATE OF FLORIDA COUNTY OF DADS ) ) SS: The foregoing instrument was acknowledged before day of/24%Iu"t4 , 1992 on behalf of the Owner, 3101 me this 7t.k Associates, Ltd., a Florida limited partnership, by Alan Kluger, General Partner, who acknowledged that he has the authority to execute • ' the foregoing instrument for the purposes expressed therein.. personally known to me. and did not tam an oath. My Commission expires: r NOTARY PUBLIC STATE OE rLORIDA NY CCA+HISSIO4 EXP. NAY 10.1995 BONDED THRU GENERAL INS. UrW. STATE OF FLORIDA COUNTY OF DADE NOTARY PUBLIC STATE OF.FLORIDA-AT -LARGE ) SS: ) The foregoing instrument was acknowledged before me this day of , 1992 on behalf of the City of Miami by Cesar Odio, City Manager, and Matty Hirai, acknowledged that they have the authority instrument on behalf of the City for therein. My Commission Expires: City Clerk, and they to execute the foregoing the purposes expressed NOTARY PUBLIC STATE OF FLORIDA-AT-LARGE 6 • • • °F15547N2663 NEC. MEDIA The undersigned, United National Bank, a national banking association, Mortgagee under that certain Mortgage and 'Security Agreement recorded in Official Records Book 14840, Page 5190, re- recorded in Official Records Book 14937, Page 102, both of the Public Records of Dade County, Florida, and the mortgages, as modified, consolidated thereby (the "Mortgage"), encumbering lands which include the land covered by the, foregoing Agreement and Declaration of Restrictive Covenants (the "Agreement"), hereby -joins in the foregoing Agreement for the purpose of binding the lands encumbered by its Mortgage to the effects of such Agreement. IN WITNESS WHEREOF, the undersigned h s caused this instrument to be executed as of the (" day of uo,r , United National Bank, a national banking association (CORP. PByr � [ F:AL) Prin Nam Tit e: St. STATE OF -Abrtc-& ) SS. COUNTY OF41)4.e ) The foregoing instrument was acknowledged before me this Q 0% day of n ►+asu�4 , 199a, . by knukci M AL ter+ , as f United National Bank, a national banking association, on behalf of said association. My Commission Expires: . Sign Name:�.,�: L Print Name: Notary Public (NOTARIAL S NOTARY °t:t : rr: 7' ,.... BROEll 1rikt: WORM M 01,1104 RAG ION o►DAM COUNTY. IioHCA. Rltaro VEVFrm Clerk 01 Circuit & county Court y r S �; r tiZ'�X•�r"'atir...:�,+�St._r R ``. ._ sx � �J✓,E�M'S�L.!S =�. v��"-'1v S:3 f�!?Cfdi,�s. `'TAT + •'.