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
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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
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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.