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HomeMy WebLinkAboutExhibit B Declaration of Restrictive CovenantThis instrument was prepared by: Melissa Tapanes Llahues, Esq. Bercow Radell Fernandez & Larkin, PLLC 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 Folio No: 01-4139-068-0001 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration') made this day of , 2019, by BABYLON INTERNATIONAL, INC. (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter referred to as the "City"). WHEREAS, the undersigned Owner holds fee simple title to certain real property located at: See Exhibit A, attached hereto, and hereinafter referred to as the "Property." WITNESSETH WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No. for the Property; and WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein. Declaration of Restrictive Covenant Page 2 of 6 NOW THEREFORE, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, 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 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 Owner hereby makes the following voluntary declarations running with the land concerning the Property: 1. The Property shall be developed with a maximum building height of twenty-four (24) stories (as defined by the Miami 21 Code). 2. The Owner, for itself and its successors, voluntarily relinquishes any right or ability to make use of the Public Benefits program of the City of Miami to develop the Property to a height in excess of twenty-four (24) stories thereby limiting the height of any development on the Property to twenty-four (24) stories. Nothing set forth in this Declaration shall prohibit the Owner from availing itself of any right or ability to otherwise make use of the Public Benefits program of the City of Miami, including to develop the Property with a Floor Lot Ratio (FLR) in excess of 16. Section 3. Effective Date. This Declaration is effective at the date of recordation hereof. This instrument shall constitute a covenant running with the Declaration of Restrictive Covenant Page 3 of 6 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; Attornev'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, Zoning, and Appeals Board and 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 instrument(s) shall be in a form acceptable to the City Attorney. Section 6. 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 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 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 Declaration of Restrictive Covenant Page 4 of 6 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. 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; Effective Date. This agreement shall be recorded and shall constitute a covenant running with the land, and shall be binding on the Parties, their successors, heirs, and assigns. This Agreement shall be effective for a period of thirty (30) years from the date this instrument is recorded in the public records„ and shall be automatically renewed for successive periods of ten (10) years unless Amended, modified, or released in accordance with this Declaration prior to the expiration thereof. Covenantors shall record this Agreement and provide a copy to the City within five (5) days of the Effective Date of this Agreement. Section 9. Construction. Nothing in this covenant shall be construed to create or imply a vested right to any development. This covenant shall be construed as a restriction, and shall not be construed to authorize or permit any development that is not in compliance with the local laws and regulations in effect at the time of the application for any permit. [Signature Pages to Follow] Declaration of Restrictive Covenant Page 5 of 6 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this .2019. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Corporation day of BABYLON INTERNATIONAL, INC. By: Francisco Martinez-Celeiro Title: President Address: 555 NE 15 Street, #100 Miami, FL 33132 The foregoing instrument was acknowledged before me by the of , on behalf of the corporation. He/She is ❑ personally known to me or ❑ has produced as identification. Witness my signature and official seal this day of 2019, in the County and State aforesaid. Notary Public State of Florida My Commission Expires: Print Name Declaration of Restrictive Covenant Page 6 of 6 Exhibit A LEGAL DESCRIPTION: Lot 5, Block 2 and the South 1/2 of Out Lot 5, Block 2, according to the AMENDED PLAT Of POINT VIEW, as recorded in Plat Book 2, Page 93 of the public records of Miami—Dade County, Florida, LESS the Northerly 10 feet borders on and runs parallel to the public right of way of South Bayshore Drive.