HomeMy WebLinkAboutCovenantDECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") is made this /
ofV , 2015, by Miami -Dade County (hereinafter, the "Owner"), in favor of the
CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter, the
iii t 53)
RECITALS
WHEREAS, the Owner filed an application requesting a Change of Zoning for 1150 NW
11 Street/Road (Exhibit A), Helen Sawyer, an Adult Living Facility (ALF), (the "Property") to
change the current zoning of the site from T6 -8-L (Urban Core —Limited) to T6-8-0(Urban Core -
Open); and
WHEREAS, under the current Miami 21 zoning designation of T6 -8-L, the Owner may
operate an Adult Day Care Facility for a maximum of nine (9) clients via approval of a Warrant;
and
WHEREAS, the Owner wishes to increase the number of clients served in the Adult
Daycare to the maximum number allowed per the Miami 21 Code based on a minimum of 980
square feet of indoor activity per client within the existing building; and
WHEREAS, under the proposed T6-8-0 Zoning designation the Owner proposes a
maximum of 28 clients subject to compliance with Miami 21 and all other applicable criteria;
and
WHEREAS, the Owner submits this Declaration, a recordable agreement in favor of the
City, for the purpose of guaranteeing that the Property shall be consistent with the standards set
forth herein below; and
Declaration of Restrictive Covenant for 1150 NW 11 St/Rd Page 1 of 6
NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall
be subject to the restrictions that are intended and shall be deemed a covenant running with the
land and binding upon the Owner of the Property, as follows:.
Section 1. The recitals set forth above are hereby adopted by reference there
to 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 Property:
A. Community Support Facility. The Adult Day Care located on the Property shall allow a
maximum of 28 Adult Daycare clients based on a minimum of 980 square feet of indoor
activity area per client within the existing building under the proposed T6-8-0 Zoning
designation per Miami 21 Zoning Code, subject to the approval of a Warrant and
applicable City, County, State and Federal regulations.
B. Permitted Uses. The uses on the Property shall be limited to Residential uses and a
Community Support Facility. Notwithstanding the rezoning of the Property to the T6-8-0
Transect Zone, the following uses shall not be permitted: Auto -Related Commercial
Establishments, Regional Activity Centers, Entertainment Establishments, or any other
use not currently allowed by right or via warrant per the T6 -8-L zoning designation.
Section 3. Effective Date. The provisions of this Declaration shall become effective
upon their 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.
Section 4. Term of Declaration. This Declaration shall remain in full force and
effect for a period of thirty (30) years from the date this instrument is recorded in the Public
Records, after which time the restriction shall be automatically renewed for 10 year periods,
unless modified, amended or released prior to the expiration thereof and in accordance with the
terms of Section 5.
Declaration of Restrictive Covenant for 1150 NW 11 St/Rd Page 2 of 6
Section 5. Amendment & Modification. This Declaration may be modified,
amended, or released as to any portion of the Property by a subsequent written instrument
executed by the Owner of the Property to be affected by such modification, amendment or
release and providing the same has been approved by the Miami City Commission following a
public hearing, which costs of the application and notice for such public hearing shall be paid by
the Owner. Any modification, amendment or release of this Declaration shall be subject to the
approval as to legal form by the City Attorney.
Section 6. Inspection & Enforcement. 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 or to recover damages. This enforcement provision shall be in addition to any other
remedies available under the law.
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. Recordation. This Declaration shall be promptly filed of record among
the Public Records of Miami -Dade County, Florida, at the Owner's sole cost and expense within
30 days of the City Commission's final adoption of the Zoning Atlas Amendment and the
expiration of any applicable appeal periods for such development order. The Owner shall
provide the City's Zoning Administrator with a certified copy of the recorded Declaration within
ten (10) days of its recordation.
[ SIGNATURE PAGES TO FOLLOW ]
Declaration of Restrictive Covenant for 1150 NW 11 St/Rd Page 3 of 6
IN WITNESS WHEREOF, the undersigned have caused this Declaration of Restrictive
Covenants to be executed this 4114' day of h/D!/Cµi bk.,-" , 2015.
MIAMI-DADE COU TY
By: ZAL
Name: Carlos Gimenez
Its Mayor
HARVEY RUVIN, Clerk ',�`� `ANii_e,s�•''•
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Attest-.— zz�
Deputy Clerk ��� '���•'•
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Approved as to form and legal sufficiency
By: (-)Q _'6
Terrence A. Smith
Assistant County Attorney
Declaration of Restrictive Covenant for 1150 NW 11 St/Rd Page 4 of 6
Signature Page
" : 01VA21
FRANCISCO J. GARCIA
Director of Planning & Zoning
APPROVED AS LEGAL FORM
AND CORRECTNESS:
VICTORIA MENDEZ
City Attorney
DEVIN CEJAS
Acting Zoning Administrator
Declaration of Restrictive Covenant for 1150 NW 11 St/Rd Page 5 of 6
EXHIBIT "A" LEGAL DESCRIPTION
Highland Park PB 2-13
Lots 7 through 14 & 28 through 34
Block 14, Project 5-57
Declaration of Restrictive Covenant for 1150 NW 11 SURd Page 6 of 6