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HomeMy WebLinkAboutExhibit BThis instrument is prepared by (and after recording) please return this instrument to: Iris Escarra, Esq. Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Reserved for Recording RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENT that the undersigned, 3516 NW 7t' Ave, LLC, a Foreign Limited Liability Corporation ("Owner") hereby makes, declares and imposes on the land herein described, this Restrictive Covenant (the "Covenant") running with title to the land contained herein, which shall be binding on Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the fee simple title holder to certain property located in Miami -Dade County, Florida, more particularly described on Exhibit "A" ("T6 Property") and the property described in Exhibit "B" ("T5 Property") attached hereto and incorporated herein (collectively referred to as "Property"); and WHEREAS, as a condition to the rezoning from T4 -R to T5 -L, the Owner voluntarily proffers this Covenant to construct a landscape buffer within a twenty-five foot (25') Setback between the T5 Property and the residential uses to the South; and NOW, THEREFORE, the Owner, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Owner, hereby voluntarily agrees as follows: A. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. B. Restriction. Owner covenants to restrict the T5 Property as follows: The T5 Property shall contain a landscape buffer and a minimum of twenty-five foot (25') Setback along NW 35h Street. C. Covenant Running with the Land. This Covenant on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the Public Records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned Owner, and its heirs, successors, and assigns until such time as the Covenant is modified or released. These rev. 04/14/2017 restrictions during their lifetime shall be for the benefit of, and be a limitation upon, all present and future owners of the Property and for the public welfare. D. Term. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the following: (i) then owners of the Property AND (ii) the Director of the Planning Department and the Zoning Administrator subject to the approval of the City Attorney as to legal form, or their respective designees or successors, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Property for the purposes stated herein. E. Modification, Amendment, Release. This Covenant may be modified, amended, or released only after a public hearing before the Planning, Zoning and Appeals Board and the City Commission upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Property for the purposes stated herein. Any amendment or modification approved by the City Commission shall be executed by the Planning Director, the Zoning Administrator, and the City Attorney as to legal form and correctness, or their respective designees or successors, and the then owners of the Property. D. 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 of the City of Miami's inspector 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. E. Election of Remedies. All rights, remedies, and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. F. Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. G. Recording. This Declaration shall be recorded in the Public Records of Miami -Dade County at the Owners' expense within ten (10) days of acceptance by the City. The Office of Zoning, the Planning Department, and the City of Miami City Attorney at 444 SW 2nd Avenue, Miami, Florida 33130, shall be furnished a certified copy within thirty (30) days of recordation. [Signature Page to Follow] rev. 04/14/2017 Signed, witnessed, executed and acknowledged this day of , 2018. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE 3516 NW 71h Avenue, LLC, a Foreign limited liability company By:_ Name: Title: The foregoing instrument was acknowledged before me this day of 2018 by who is personally known to me, or has produced , as identification and she acknowledged before me that he executed the same, freely and voluntarily, for the purposes therein expressed. Name: Notary Public, State of Commission No. rev. 04/14/2017 Exhibit A The T6 Property Lots 3, 30, 31, and 32 of Eden Park, according to the Plat thereof as recorded in Plat Book 7, Page 29, of the Public Records of Miami -Dade County, Florida rev. 04/14/2017 Exhibit B The T5 Property Lots 28 and 29 of Eden Park, according to the Plat thereof as recorded in Plat Book 7, Page 29, of the Public Records of Miami -Dade County, Florida rev. 04/14/2017