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HomeMy WebLinkAboutRecorded CovenantThis instrument was prepared by and after recordation return to: Name: Ben Fernandez, Esq. Address: Bercow, Radell, Fernandez & Larkin 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 CFN: 20210470026 BOOK 32595 PAGE 788 DATE:07/02/2021 09:06:25 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration') made this 5th day of May, 2020, by Rosa 55 Morningside, LLC, a Florida limited liability company (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"). WITNESSETH WHEREAS, Ruben Matz, Chocron, LLC, S & R Investments, LLC, and Isaac Matz, the Owner's predecessor in title, sought and obtained a rezoning pursuant to Ordinance No. 13443, for the property located at and being legally described as: (See attached Exhibit "A"). 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. NOW THEREFORE, Property shall be subject to the Owners voluntarily covenant and agree the following restrictions that are intended an * IA611pJI111i1 li 11 I')t? PZ-20-8224 06/23/21 CFN: 20210474026 BOOK 32595 PAGE 789 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: A. The only T4-L uses permitted on the Property shall be residential uses allowed as a matter of right and as the term "residential uses" is defined by Section 1.1 (a) of the Miami 21 Code and parking to serve the residential uses, as well as commercial parking to serve the abutting T4-O lots to the west. B. There shall be no vehicular ingress from or egress to the T3-R area to the north and the east from the Property. C. A minimum twenty foot (20') set back shall be provided from the Property's east and north property line. Landscaping within this setback area shall include shade trees. Written approval of the landscape plan shall be required by the Planning Department prior to issuance of a building permit. The Owners will maintain all landscaping in a viable condition ,at their own expense ,for the term of this Covenant. D. The Property shall be developed, within two years of the expiration of the appeal period for appealing the change in zoning classification for this property from T3-R Sub -Urban Zone - Restricted to T4-L General Urban Zone, and in compliance with the plans entitled Morningside Centre, dated 7/24/13. Such plans are acknowledged as being on file with the City and are deemed as being incorporated by reference herein, subject to any Waiver and/or City Commission approval that may be required. E. The Owners further agree to voluntarily knowingly and promptly institute and maintain all applications and attend all hearings to return the Property to its Zoning Classification of T3-R Sub -Urban Zone -Restricted if they have not timely developed the Propert within two years as set forth in Section 2 (D) above. The Owners CFN: 20210470026 BOOK 32595 PAGE 790 expressly reserve their ability to develop the Property as allowed by the Miami 21 Code. Section 3. Effective Date. 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. Applicable Law & Venue; Attorney's Fees. Florida law will apply to interpretation of this instrument. 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 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 of Miami Planning and Zoning Board Appeals Board and/ or City Commission after a public hearing which public hearing shall be applied for at the expense of 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 6. Inspection and Enforcement. An enforcement action brought by the City by action in law or in equity against any party or person CFN: 20210470026 BOOK 32595 PAGE 791 attempting to violate any covenants of this Declaration, or provisions 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. The award of attorney's fees to a prevailing party shall not be used or enforced against the City of Miami. Section 7. Severabilitv. 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. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owners, and the City of Miami Planning and Zoning Director will be furnished a recorded copy by the Owners within thirty (30) days of this Declaration being recorded. Section 9. Counterparts/Electronic Signature. This Declaration may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration. The parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. [Signature Pages to Follow] CFN: 20210474026 BOOK 32595 PAGE 792 Witnesses: ACKNOWLEDGMENT CORPORATION Rosa 55 Morningside, LLC, a Florida limited liability company Sig nature , its President Print Name Print Name STATE OF FLORIDA COUNTY OF MIAMI DADE l 3 , its Secretary (Affix Corporate Seal) I HEREBY certify that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgement, personally appeared 7 � C -1 Cl2 f , the t44/r - of Rosa 55 Morningside, LLC, a Florida limited liability company, to be well known to be the person(s) described in and who executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed_ WITNESS my hand and official Seal in the County and State aforesaid, on this, the 5 day of Nic , 2G 2C 9 f') My Commission Expires: `��- �L� � 1- V'-' Notary Public State of F L•r 1d C Print Name fir. s c.:t L l c;\�� Nola?), Poblia Stale of Florida Priscilla Pera My Commission GG 352255 Expires Q710712O23 CFN: 20210470026 BOOK 32595 PAGE 793 Approved as to Form and Correctness: By: Sc4 .L_. 7e€44. 0/61' Victoria Meerfclez Ordinance No. 13443 City Attorney XEA 20-2204 Approved: y: olb/o? Cesar Garcia -Pons, AICP LEED AP Planning Director Approved: Goldberg, By: Daniel D gnarly signor by Goldbarg. Dnriii•I Dare' 2021.09 27 19:13.17 06'ai Daniel S. Goldberg, Esq. Zoning Administrator CFN: 20210470026 BOOK 32595 PAGE 794 Exhibit A Address: 5445 Biscayne Boulevard Folio Number: 01-3128-028-0500 Lot 53 and the west 40 feet of Lot 52, of BAYSHORE PLAZA, according to the plat thereof as recorded in Plat Book 39, at Page 51, of the Public Records of Miami -Dade County, Florida.