HomeMy WebLinkAboutExhibit B11111 i1111111111111111 I1111111111111111111111
This instrument prepared by, and after recording return to:
Name: Javier F. Avin , Esq.
Address: Greenberg Traurig, P.A.
333 Avenue of the Americas
Miami, Florida 33131-3261
CFN 2011R038:279
OR 8k 27719 P9s 1358 - 1365; (8139s)'
RECORDED 06/13/2011 10:13:38
HARVEY RUVINr CLERK OF COURT i
IIIAr1I-DADE COUNTY* FLORIDA
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day ,1-0 of 3> c C- , 2010, by European Automotive, LLC (the "Owner), in favor
of the City of Miami, a Florida Municipal Corporation (the "City").
WITNESSETH:
WHEREAS, the Owner holds fee -simple title to certain property in the City
of Miami, Florida, located at approximately 3825 Day Avenue, Miami, Florida,
legally described in Exhibit "A" attached hereto and made a part hereof (the
"Property"); and
WHEREAS, an approval was obtained for a zoning change and land use
amendment for the Property from the City Commission of the City of Miami,
pursuant to Ordinance No. 13208, adopted on September 23, 2010 and
attached hereto and made a part hereof as Exhibit "B"; and
WHEREAS, it is the Owner's intent to renovate the Property for continued
use as an auto repair shop and electric car sales..
MIA 181,274,928v2 11-9-10
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Book27719/Page1358 CFN#20110383279 Page 1 of 8
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. Zoning Regulations. The Owner agrees to adhere to the "T5-O
Designation" under Miami 21. In addition, the Owner agrees to the following
restrictions: 1) installation of a concrete wall fronting Day Avenue, per Miami 21
guidelines; 2) A landscape buffer along Day Avenue, per Miami 21 guidelines; 3)
There shall be no ingress or egress to or from the Property from Day Avenue;
and 4) irrespective of the T5-O regulations no building on the Property shall
exceed 3 stories.
3. Effective Date. This instrument shall constitute a covenant running
with the title to the Property and be binding upon Owner, its successors and
assigns upon recordation in the Public Records of Miami -Dade County, Florida.
These restrictions shall be for the benefit of, and a limitation upon, all present
and future owners of the Property and for the public welfare.
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MIA 181, 274, 928v4 4-6-11
Book27719/Page1359 CFN#20110383279 Page 2 of 8
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 in interest and assigns for an initial period of thirty
(30) years from the date this instrument is recorded in the public records and
shall be automatically extended for successive periods of ten (10) years, unless
modified, amended or released prior to the expiration thereof.
5. 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 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 action to enforce the terms and conditions of this
Declaration may be brought by the City and may be by action at 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. 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 owner(s) of the fee -simple title to the Property to be effected
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MIA 181,274,928v4 4-6-11
Book277191Page 1360 CFN#20110383279 Page 3 of 8
by such amendment, modification, or release and the City of Miami with the
approval by the City of Miami City Commission al a public hearing, which public
hearing shall be applied for by, and be at the expense of the Owner. Any
modification, amendment, or release of this covenant will be subject to the
❑pproval ❑s to legal form by the City Attorney.
7. Severability. Invalidation of any one of these covenants by
judgment of Court shall not affect any of the other provisions of this Declaration,
which shall remain in full force and effect.
8. Recording. This Declaration shall be filed of record among the
Public Records of Miami -Dade County, Florida, at the cost of the Owner. The
Owner shall submit a recorded copy to the City Clerk at 3500 Pan American
Drive, Miami, FI. 33133 within thirty(30) days of recordation.
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MIA 181, 274, 928v4 4-6-11
Book277191Pagel361 CFN#20110383279 Page 4 of 8
ACKNOWLEDGMENT CORPORATION
Signed, witnessed, executed and acknowledged on this 2 0 day of
IN WITNESS WHEREOF, t v ltO oi-141 A- Pi ra caused these presents to be
signed in its name b,.y its proper officals.
Witne e
Signature
c
rin
ignature
Print Name
IF' fr�7Gtiv� G�(
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
European Automotive, LLC
3850 S. Dixie Highway
Miami, Florida 33133
B
ki
The foregoing instrument was ack (edged before me by fir 71 & k.� L 0 i AlLy
the onager of I XQ4 ► AA)Aui MdL/ rporation, on behalf of the corporation.
is personally known to m or has produced Florida Driver's licence:
s identification.
Witness my signature and official seal this i2t) day of +[_. , 2010 in the
County and State aforesaid.
My Commission Expires:
5
MIA 181, 274, 928v211-9-10
a P - ate of
FLORIDA
Notary
Book27719/Page1362 CFN#20110383279 Page 5 of 8
CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE
The undersigned, holder of that certain Mortgage Deed dated 4/ 1 8/2008
and recorded in Official Records Book 26333 at Page 1920 , of the Public
Records of Miami -Dade County, Florida, as amended, encumbering the real
property to be subjected to the foregoing Declaration of Restrictive Covenants
made by Savage LLC, in favor of the City of Miami, Florida. hereby consents to
said Declaration of Restrictive Covenants and agrcos that the lien of said
Mortgage Deed shall be subject and subordinate to the terms of said
Declaration of Restrictive Covenants.
IN WITNESS WHEREOF, the undersigned has set his hand and seal this /9
day ofet-er . 2011.
STATE OF IDAHO
COUNTY OF ADA
)
) ss:
)
By:
tAic Exe
(Corporate Seal)
The foregoing instrument was cyknowled ed before me this f 3 day of
/la , 2011 by Ma; a Q,zr i la r' kr ` . as 1r1'lt iz 49 a r— of
---t
skive, tie- , on behalf of said company. Fie/She personally
appeared before me, is personally known to me or produced as
identification.
6
t
Name: f L . 4 l/
Idaho
Commission No_ -- �t` <�' �1 ev 7
Notary Public. State
Book27719/Page 1363 CFN#20110383279 Page 6 of 8
APPROVED AS TO FORM AND
CORRECTNESS:
JULIE O. BRU
City Attorney
APPROVED:
FRANC I$ 'r' ARCIA
❑irectp'r of Planning
"deo',
7
APPR
BARNABY 0;1.01
Zoning ____Iniatrator
Book277191Page 1364 CFN#20110383279 Page 7 of 8
tJR Big 27719 PG 136
LAST PAGE
Exhibit "A"
LEGAL DESCRIPTION:
Parcel 2
Lots 6 and 7, Less South 5.0 feet of "PERCIVAL PLAT REVISED" according to the Plat Thereof as
recorded in Piet Book I at Page 140, of the Public Records of Miami -Dade County, Florida.
AICA 01-4120-013-0050.
Book27719/Page1365 CFN#20110383279 Page 8 of 8