HomeMy WebLinkAboutDeclaration of Restri Covenants
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DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this
24th day of January. 2000 , by a.-~VENf>O~~ --re.l~~"-'
(the "Owner"), is in favor of the City of Miami Beach, Florida, a municipality of the State of Florida
(the "City").
WITNESSETH:
WHEREAS, the Owner holds fee-simple title to certain property in the City of Miami Beach,
Florida, located at 1749 Jefferson Avenue, Miami Beach, Florida, legally described as follows:
Lot 13, Block 21, Amended Plat of Golf Course Sub-Division, Plat
Book 6, Page 26, Public Records of Dade County, Florida (the
"Property"); and
WHEREAS, the Owner purchased said Property from the City of Miami Beach, pursuant
to Resolution No. 99-23396, adopted on November 17. 1999, Exhibit "1 "; and
WHEREAS, the Owner is desirous of making a binding commitment to assure that the
Property shall be developed in accordance with the provisions of this Declaration;
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. Buildin~ Restrictions. Notwithstanding anything to the contrary in the City Code, the
Owner shall only be allowed to develop the Property in accordance with the requirements of Sections
142.101 through 142.106 and Sections 142.901 and 142.905 of the City Code. In all other aspects,
improvements to the Property shall comply with the zoning and development regulations which are
applicable to the Property at the time of securing permits for the improvements.
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3. Effective Date. This instrument shall constitute a covenant running with the land on
the Property and shall be binding upon Owner, its successors and assigns upon recordation in the
Public Records of 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.
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 in accordance with Paragraph 6 herein prior to the expiration thereof.
5. Inspection and Enforcement. It is understood and agreed that any official inspector
of the City 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 there is
compliance with the conditions of this Declaration and the requirements of the City's building and
zoning regulations.
Enforcement shall be by action against any parties or persons violating or attempting
to violate any of these covenants. The prevailing party in any action or suit arising out of or
pertaining to this Declaration shall be entitled to recover, in addition to costs and disbursements
allowed by law, such sum as the Court may determine to be reasonable for the services of its
attorney. This enforcement provision is in addition to any other remedy at law, in equity or both.
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 then owner(s) of
the fee-simple title to the land to be effected by such modification, amendment or release, which
instrument shall have the affirmation of the City Manager, as directed by the Mayor and City
Commission, to be effective. Any such instrument of amendment, modification or release shall
provide that same has been approved by the City of Miami Beach City Commission at one of their
regular meetings and, if so required, at a public hearing, which public hearing shall be applied for
by, and be at the expense of, the Owner. Should this instrument be so modified, amended or released
the City Manager or his successor, shall execute written instruments in recordable form effectuating
and acknowledging such modification, amendment or release.
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7. Severability. Invalidation of any 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
Dade County, Florida, at the cost of the Owner.
IN WITNESS WHEREOF, the undersigned has set his hand and seal this 24th day of
January,2000.
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By'
(Owner)
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D~l-1\E~
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
Jo The foregoing instrument was acknowledged before me this 24~ day of
nua f1...1 , 2000, by 60Y11 R V((Venpo'-+ . He personally appeared before me,
is personally known to me or produced ~lo1a4' tYlve-ts Llc€I'1s..-<... as identification.
v~d~ ,
Print Name: MrQ4 II iIe,O/JtJ
Notary Public, State of Florida
Commission No.:
My commission expires:
I'tJ"~ MIRIAM M MERINO
'Jl. V .. MY COMMISSION II CC 88830S
"~D'I\." EXPIRES:NovIS.2003
lo4IOO+NOTAAY !'Ia. NoUIy 1aMoe' 1ondIn; Co.
F:\DDHP\$ALL\ASSET\1 749JEFF\1 749JEFF.FNL January. 2000
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