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Home My WebLink AboutExhibit CAEC• 1 TRAII3j 'E5 This Instrument Prepared By: Robert W. Rodriguez, Esq. 782 N.W. 42°' Avenue, Suite 541 Miami, Florida 33126 97R 16sO DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter. the iLM"Declaration") made this day of , 1997, by Jorge Suarez -Menendez (hereinafter the "Owner"), is in favor of the City of Miami, Florida, a municipality located within the State of Florida (hereinafter the "City") and all property owners located within 375 feet of Owner's property, as defined below. This submittal needs to be schebu Let bra public hearing In accordance wilt Inmellnes set forth in the City of Miami Cede. The appllcade decision -making body nnll renew the Int-ormagon at the pubec hearing to render recommendation or a final teciaon. PZ-22-15606 06/22/23 W I T H E S E T H : WHEREAS, the Owner holds fee simple title to certain property located at 1900 Brickell Avenue, Miami, Florida and more particularly described as: The Southeast 180 feet of Lot 21 in Block "A", of FLAGLER, according to the Plat thereof, as recorded in Plat Book 5, at Page 44, of the Public Records of Dade County, Florida, and described as: Begin at Most Southerly corner of Lot 21, Northwest along Southwest boundary line of Lot 21, for 180 feet; Northeast parallel with 180 feet Northwest from Northwest boundary line of Brickell Avenue for 100 feet.to Northeast boundary line of Lot 21, Southeast along Northeast boundary line of Lot 21 for 180 feet to Northeast boundary line of Brickell Avenue and along Southeast boundary line of Lot 21 for 100 feet to Point of Beginning; and WHEREAS, the Owner is presently an applicant before the City Commission of the City of Miami, for a special exception to 4311 17€04h3TE6 permit a plastic surgeon's office; and WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property shall be develope maintained in accordance with the provisions of this Declara Thls submftal needs to be scheduled fora public hearing In accordance 'nth timelines set forth In the City of Miami Code. The applicable deelslon-making body will relew the information at the public hearing to render recommendation or a finat decision. 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 covenants 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 Limitations. Owner covenants that: A. The use of the health clinic (medical office) shall be limited to consultation for plastic surgery, only, as an outpatient facility only, with no overnight stays and no surgical or other medical procedures occurring on the property; B. The hours of operation of the health clinic (medical office) at the property shall be from 9:00 a.m. to 6:CO p.m., only; - - C. There shall be no transfer of title or interest in the property or in the health clinic (medical office) practice without prior City Commission approval after a public hearing, all expenses of which public hearing shall be borne by the A re.176O4fC3767 property owner; D. No changes shall be made to the use of the or to the exterior or interior of the building or the rem of the property without prior City Commission approval after public hearing, all expenses of which public hearing shall be borne by the property owner; E. The practice shall be limited to no more than three persons employed by the health clinic (medical office) at the property: the property owner/plastic surgeon, one nurse, and one clerical person; F. There shall be no overflow parking on the grass; and G. Parking spaces at the facility shall be limited to the twelve (12) parking spaces presently reflected on the site plan, of which eight (8) shall be paved and four (4) shall be "turf block" (grass) spaces. 3. e.fectiya Data. This instrument shall constitute a covenant running with the land with the title to the Property and be binding upon the Owner its successors and assigns upon approval by the City Commission of a special exception to permit This subm1tal needs to be scheduled fora public hearing in accordance wth timelines set forth in the City of Miami Code. The applicable decIslon-making body...All reslew the information at the public hearing to render a recommendation or a final decision. a plastic surgeon's office. 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 of the Property, its successors and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the Public Records of Dade County, 1 AEC. 1 TE04 ni Florida and shall be automatically extended for success periods of ten (10) years thereafter. 5. Inspection and Enforcement_ It is understood and that any official inspector of the City of Miami may have th right, at any time during normal working hours, of entering and investigating the use of the Property to determine whether the conditions of this Declaration and the requirements of the City are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City or by any property owner within 375 feet of the Property, by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provision of the building and zoning regulations either to restrain violations or to recover damages. the prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. 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 owner(s) of the fee simple title to the land to be affected by such modification, amendment or release, provided that same has been approved by the City of Miami City Commission at a public hearing, which public hearing shall be applied for and at the expense of Owner. Should this instrument be so modified, amended or released, the Director =--tom a. This subm1tal needs to be scheduled fora public hearing in accordance wth timelines set forth in the City of Miami Code. The applicable decIslon-making body...All reslew the Information at the public hearing to render a recommendation or a final decision. tin of the Community Planning and Revitalization Department successor, shall execute a written instrument in record. effectuating and acknowledging such modification, amendm This submittal needs to be scheduled fora pubic hearing In accordancewhh timelines set forth in the City of Miami Code. The applica de decision -making bodywlll rolew the information at the pu biic hearing to render a recommendation or a final decla on. PZ-22-15606 06/22/23 7. Severabilitv. Invalidation of any one of these covenants not affect any of the other provisions IN WITNESS WHEREOF, the undersigned has I hereby certify that on this day, before me, an office duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared to me known to be the personts) described in and who executed the foregoing Mortgage and he/she/they acknowledged before me that he/she/they executed the same. - Witness my hand and official seal in the County and State last aforesaid this ,-;J day of ztgC__, NoL it[ F gtSure Printed Name ANO ELO P Delos * my co....r..r,n ccAmiczso Aug. 17. 1097 rr Ems: '.:.�.y '*.w1.. .....y..- -•_ ..E 176134n3TTO REC. CONSENT OF MORTGAGEE AND SUBORDINATION OF MORT The undersigned, holder of that certain Mortgage Jorae Suarez -Menendez dated V' -L<1 recorded in Official Records Book ** , at Page** the Public Records of Dade County, Florida, as amended, encumbering the real property to be subjected to the forego Declaration of Restrictive Covenants made by Jorge Suarez - Menendez, in favor of the City of Miami, Florida, hereby consents to said Declaration of Restrictive Covenants and agrees that the lien of said mortgage deed shall be subject and subordinate to the terms of said Declaration of Restrictive Covenants. This submittal needs to be schebu let bra public hearing In accordance wilt mellnes set forth in the City of Miami Cade. The appllcade deoislon-making body nnll renew the Informagon at the pubec hearing to render recommendation or a final tecia on. IN WITNESS WHEREOF, the undersigned has set his hand and seal this -il day of t1ARC H , 1997. First, nion National Bank of Florida State of Florida County of Dade PZ-22-15606 06/22/23 I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared to me known to be the person (s) described in and who executed the foregoing Mortgage and he/she/they acknowledged before me that he/she/they executed the same. Witness my hand and official seal in last aforesaid this _3/ day of P /�f��/ y- 1' 97_ ** Clerk's FIle NO. 97R-137413 •tes::..aLEet IN OFFICIAL RECORDS ROOK OAVE COUNTY FLORIDA_ vEcORO VERtT IED HARVEY RWIN r. L rFaK'GFT CdtRr the County and State Notar$ligature "fir. D 1( 4io5 Printed Name My Commission Expires: .0,0 1ANOELO P DEMOS * 7[ !M ror....s.id.... CG3OSGS0 ' • Ewp7nss Aug. 17. 1007