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HomeMy Public PortalAbout1978 Covenant.tif�%7 8K 93864 Ix? RESTRICTIVE COVENANT FOR USAGE r ,r" . t, 4rhR 4. THIS COVENANT entered into this z4F4 day of February, 1978, by M HOLDING CORP., a Florida corporation, hereinafter referred to as "OWNERS" and joined by The Bank of Miami, a Florida banking corporation, and by HOLYOAKE, N.V., a Netherlands Antilees Corporation, as Mortgagees. WITNESSETH: a WHEREAS, the OWNERS are fee simple title owners of the following described property, lying, being and situate in PARCEL "A" Commence at the intersection of the North line of Tract 1 of Canoga Properties, Plat Book 65, at Page 88 of the Public Records of Dade County, Florida, with the Northeasterly right-of-way line of Crandon Boulevard, as the same is shown on the plat of Cape Florida Subdivision, Secion 1, Plat Book 68, at Page 81 of the " Public Records of Dade County, Florida; thence run North 89 degrees 52 minutes 45 seconds East along the North line of said Tract 1 for a distance of 515.93 feet; thence run South 00 degrees 07 minutes 15 seconds East for a distance of 30.00 feet to the Point of Beginning of the parcel of land herein described; thence continue South 00 degrees 07 minutes 15 seconds East for a distance of 320.00 feet; thence run South 89 degrees 52 minutes 45 seconds West for a distance of 30.68 feet to apoint on the Northeasterly right-of-way line of Crandon Boulevard; thence run North 54 degrees 19 minutes 08 seconds West along the North- easterly right of way line of.,Crandon Boule vard for a distance of 469.63 feet to the beginning of a tangential circular curve; thence run Northwesterly, Northerly and Northeasterly along said circular curve, concave to the East having e' radius of 25.00 feet through a central angle of 144 degrees 11 minutes 53 seconds for an arc distance of 62.92 feet to the end of said curve; thence run North 39 degrees 52 minutes 45 seconds East for a.distance of 396.94 feet to the Point of Beginning, containing 1.829 acres, more or less. Dade County, Florida, to wit: PRFPA ICI t ta v 0 - *t &De e. assurance .30$ WHEREAS, th'e OWNERS are desiroyi of giving the ro i 1 be developed to the COUNTY that p gerty,w 1 and used substantially in accordance witi;the spirit and intent of the plans submitted to the COUNgY for a public r hearing wherein the zoning and use of thesubject property ii. has been approved, unless said plans are, codified and/or changed as a result of a PUBLIC HEARING, or other appropriate action by the COUNTY. NOW, THEREFORE, for good and the parties have agreed as follows: % 1. That said property •s valuable consideration, shall be developed strictly in accordance with the schedule of plans shown in the attached Exhibit "A", prepared by SARILLE-RODRIGO-TARAFA, JOINT VENTURE, Architects entitled KEY BISCAYNE SHOPS dated the 22nd day of February, 1978, as per revision dated the 7th day of March 1978. • 2. OWNERS hereby agree .that no night club, night bar or fast food chain will be allowed to use the aforedescribed property. 3. OWNERS warrant that4the property will not be used for any BU -2 use which will create a parking demand in excess of the spaces provided as set forth in the plan described in Paragraph 1 of this Agreement. The OWNERS hereby agree that the property will not b be used for any purpose enumerated in Paragraphs 4 thru 30 as follows: 4. Bath and massage parlors. 5. Confectionary and ice cream stores, including walk-up trade, curb service or'drive-in use shall require approval after public hearing. This item shall mean any method of dispensing the commodity other than wholl within the building. 6. Drugstores containing a fountain or lunch counter, it being the intention hereof that a drugstore without fountain or lunch counter is permitted. y, 7. Fruit stores, retail, iR -2- Pt 309 REC 8. Grocery stores and".mieat markets, except those dealing in live poultry. Barer and wine may fi be sold for consumption off the premises within hours permitted by laws enacted by the legislature of Florida or regulations heretofore or hereafter adopted by the County Commission whichever hours may be the more restrictive, and shall be considered as grocery items 'end may be sold in the BU -1 district in grocery stores but in no other store, shop or establishment whatsoever within a•BU-1 district, except as otherwise permitted by these regulations. 9. Hat cleaning and blocking. 10. Soft drink stands. 11. Automobile new partsand equipment or accessory stores. 12. Automobile sales; new car agency; including used cars from open lot in connection therewith; a. That a plot use plan be submitted to and meet with the'approval of • the director; said plan to include among other things, but be not limited thereto, location of building or buildings, type and location of signs, parking'areas, exits and entrances, drainage, walls; fences, land- scaping, car display area, etc. b. That the use be established and maintained in accordance with the approved plan. c. That the type and location of lights and signs meet with the approval of the director, so that the installation of the.same shall not be detrimental to the adjacent areas, and shall not become a traffic hazard on the adjacent streets d. That no repair work of any type be permitted on the pre;ises in connection with the used car lot. e. That the used car lot be of a high-class type, exhibiting only late model cars of good appearance and salable conditio?. f. That the permit be subject to cancellation upon twenty-four hour notice for non-compliance with the conditions approved. -3- g. That said permit be automatically renewable yearly upon compliance with all terms and conditions applicable. 13. Automobile tires (now) retail sale only. 14. Automobile washing (steam cleaning not permitted). 15. Bait and tackle shops. 16. Bicycle stores and repairs shops. 17. card rooms and poolrooms. 18. Curb service or drive-in use, in connection with confectionery stores and. :ice cream stores, and restaurants, subject to the approval of a plot -use plan by the director, including driveways, lights, signs to eliminate traffic hazards and nuisances. 19. Dancing halls or dancing academies, provided no intoxicating beverages of any type are served. 20. Dry cleaning establishments, using • noninflammable solvents in self-contained dry cleaning units of the Prosperity type or Dedrick type, or an equal approved by the director. 21. Laundries, hand and self-service, provided that a laundry in this area shall provide a sanitary and safe disposal of waste water. and operate without producing smoke. 22. Lawnmower rental sales and service. 23. Mortuaries or funeral parlos (crematory not permitted) . • 24. Motor fuel and oil filling service stations. Service station structure may be of a metal provided that the same is equal to the "SAP" building of the Columbian Steel Tank Corporation in appearance and construction and meets the following reqlrements: a. Is designed to meet the require- ments of the South Florida Building Code. The use -of timber framing to be specifically exluded. -4- Hat Pt b. General appearance, o be attractive with architectural design t;conform to accepted practice for service statics. c. Exterior surface to be of flat panelled construction, painted orr'porcenalized, with architectual title, if desired. The use of standard corrugated sheet metal surfactpg to be specifically excluded. 25. Show and salesrooms, includi'g the display of new automobiles for the purpose of sale 0 y an autho- rized dealer, provided that automobile show and salesrooms may have limited service departments incidental thereto'? provided such work is carried on altogether within the building. 26. Skating rinks, provided no intoxicating beverages of any type are served. 27. Waiting rooms for common carriers. 28. Rental of single -axle luggage'trailers (or U -Haul type) from open lots; total of five tralers permit- ted on the premises, one of.which may be exhibits for display Pk purposes, balance.of which may be stores on premis , provided they are suitably screened on all sides by a CBS wall, a landscape screen or other method to be approved by the director. This use shall be subject to the approval of a plot -use pla ",to be submit- ted to the director. The use shall be approved only if the same does not interfere with traffic conditions, entrance and exit drive- ways ways to the service station. This regulation shall not be interpre- ted to mean that more than five trailers cannot be .kept within an enclosed building. `r 29. Bowling alleys and skating rinks, dance halls and dancing academies. ;t 30. Dressed poultry and sea food-'tores, retail, located not closer than 'fifty feet to a residentia building. 31. That this Covenant on the part of the OWNERS, r! shall constituteva covenant running with the land Ind will be recorcf'd in the Public Records of Dade County, Florida and shall remain in full force and effect and be binding upon the heirs, successors, and -5- STATE OF FLORIDA COUNTY OF DADE Pp.'G' 3'1 a:. • • assigns of the respective parties hereto, until s time as the same is released in writing by the Director of the4tetropoiitan Dade County Building and Zoning Department, or therYexecutive of- ficer of the successor of such department, or, in the absence of such director or executive officer, by his assistant in charge of the office in his absence. 32. The parties further agree thy the terms and covenants t of that certain Building Plans Coven nt dated the d 2gi' ay of February, 1978, is hereby incorporated herein by reference, in total. IN WITNESS WEREOF, the parties hereto have executed this Covenant the day and year first above set forth. tt SIGNED, SEALED, EXECUTED AND ACKNOWLEDGED on this 2. 740, day of February, 1978. Witnesses: M HOLDING:CORP. A F1oridaCorporation • '3 I HEREBY CERTIFY that on this -0/' day of February, 1978, before me, personally appeared RAUL MASVIDALt President, M HOLDING CORP., a Florida corporation, to me known to be the'person described in and who executed -the foregoing instrument, and he acknowledged to me the execution thereof to be his free act and deed for the uses and purposes therein mentioned. WITNESS my signature and official seal'.`at Miami, Dade County, Florida, the day and year last aforesaid. • My Commission Expires: NOTARY PUBLIC, :7f eff FLORIDA at LARGE, My Commission Expires October 20. 12 1 Ap*ROV ID AO To F O n 14 AND WAk: —6— • �;c L'.f000zpis ' • '` • JOINDER BY MORTGAGEE THE UNDERSIGNED, HOLYOAKE, N.V. a Neth Antilees Corporation, Mortgagee, under that certai from M HOLDING CORP., a Florida corporation, dated day of July 1977, and recorded°:in Official Records at Page 85, of the Public Records, of Dade County, lands mortgage he7th ook' 9745, rida, in the original amount of Two Hundred Fifty Thousa Dollars ($250,000.00) covering a portion. of the property d cribed in 11 the foregoing Covenant do hereby acknowledge that he terms of this Covenant are and shall be binding upon thiundersigned and its successors in title. IN WITNESS WHEREOF, these presents hav executed this :)-4W day of February, 1978. 4 • • h HOLYOAK Antil By: • Pres sent M HOLDI & CORP., a Florida corp. v" QV', • 4 :4 4 tr; �4 Z E'! 0002 PC 314 STATE OF FLORIDA COUNTY OF DADE •F, BEFORE ME, the undersigned authority personally appeared RAUL MASVIDAL,,President, M HOLD7t.NG.CORP., a Florida corporation, to me known to be thelp son described in and who executed the foregoing instrument,••rand he acknowledged to me the execution thereof to be his free act and deed for the uses and purposes thereiWmentioned. WITNESS my signature and official seal at Miami, in the County and State aforesaid this ,� day of February, 1978. ovary Publ My Commission Expires: NUTARY rUa�,; & t of r10RiDA at LARKS. My Con njssion Expires October a 1jO STATE OF FLORIDA ) COUNTY OF DADE ) • r. 4 1 • •�v s TNT BEFORE ME, the undersigned authority personally appeared JOSE CASTRO, Vice President of HOLYOAKE, N.V, a Netherlands Antilles Corporation, to meknown to be the person described in and who executed the foregoing instrument, and he,acknowledged to me the execution thereof to be his free act and deed for the uses and purposes therein mentioned. WITNESS my signature and official eal at Miami, in the County and State aforesaid, this day of February, 1978. •/,,y♦{.1711/11„ . ' • iV•74) i� MylCommission Expires:. ' Q ; ,,.4 .,. NUTARr ru��.,,, ...ta of FLORIDA at LAM! My Cormission Wires October NAM :-8- Et '10002 PG 315 JOINDER BY MORTGAGEE The Undersigned, THE BANK OF MIAMI, a Florida banking corporation, Mortgagee, under that certain mortgage from M HOLDING CORP., a Florida corporation, dated the 10th day of November, 1977, and recorded in Official Records Book 9860 at Page 330, of the Public Records of Dade County, Florida, in the original amount of Five Hundred Fifty Thousand Dollars ($550,000.00) covering s the property described in the foregoing Covenant do hereby acknowledge that the terms of this Covenant are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this A( day of March, 1978. Witnesses: 9 Is•„\ri Of , Florida Banking BY ct.s...L.( 6 C �,r '�_c 1� c�• M HOLDING CORP.,. a Florida Corporation SVID�f/P:; es. WC '1.0002 PC 316 STATE OF FLORIDA: COUNTY OF DADE sS BEFORE ME, the undersigned authority personally appeared RAtJL P4ASVIDAL, President, .M HOLDING CORP., a_F1orida corporation, to me known to be the person described in and who executed the foregoing instrument, and he acknowledge to me the execution thereof to be his free act and deed for the purposes therein mentioned. WITNESS my signature and official seal at Miami, in the County and State aforesaid, this ,3( ay of March, 1978. My Commission Expires: NOTARY PUBLIC, State of FLORIDA et LARGE. My Commission Expires October 20.1980 STATE OF FLORIDA: COUNTY OF DADE ss r2 770/ N 'ARY PUB BEFORE ME, the undersigned authority personally appeared on behalf of TIIE BANK OF MIAMI, a Florida Banking Corporation, to me known to be the person describr•cl in and who executed the foregoing instrument, and he acknowledge to me the execution thereof to be his free act and deed for the purposes therein mentioned. WITNESS my signature and official seal at Miami, in the County and State aforesaid, this ,4/41 -day of March, 1978. My Commission Expires: NOTARY PUBLIC, State of FLORIDA at LARGE. My Commission Expires October 20.1980 - 10 - PUBLI C IC N Al2Y FWOO t 317 EXHIBIT "A" SCHEDULE OF PLANS A-1 Landscaping Plan A-2 Site Plan A-3 Parking Level A-4 Plaza Level A-6 Elevations All of the above plans have been prepared by SARILLE-RODRIGO-TARAFA, A Joint Venture, Architects, and are dated February 22, 1978 as revised March 17, 1978. The Landscaping Plan has been prepared by SASAKI & ASSOCIATES, INC., Landscape Architects dated February 22, 1978 and revised March 17, 1978. • Rccoat o M owl WWIloos o, OAoe fin. oh. WORD Mara ARD P. BRINRRR. CLERK CIRCUIT COURT i• ' .1979 J PR 12 r• ,1 9: I, 7 (4004; a 4.BUILDING'PLANS COVENANT THIS COVENANT entjred into this 24F4 day of February, 1978, by tiHOLDINGCOMP., a Florida corporation, hereinafter referred to as "OWNERS" and joined by.Tbe.:Bank of Miami, a Florida banking corporation, and by HOLYOAKE, N.V., a Netherlands Antilees Corporation, as Mortgagees._:° WITNESSETH: WHEREAS, the OWNERS are fee simple title owners of the following described property, lying, being and situate in Dade County, Florida, to wit: • PARCEL "A" Commence at the intersection of the North line of Tract 1 of Canoga Properties, Plat Book 65, at Page 88 of the Public Records of Dade County, Florida, with the Northeasterly right-of-way line of Crandon Boulevard, as the same is shown on the plat of Cape Florida Subdivision, Section 1, Plat Book 68, at Page 81 of the Public Records of Dade County; Florida; thence run North 89 degrees 52 minutes 45 seconds East along the North line of said Tract 1 for a distance of 515.93 feet; thence run South 00 degrees 07 minutes 15 seconds East for a distance of 30.00 feet to the Point of Beginning of the parcel of land herein described; thence continue South 00 degrees 07 minutes 15 seconds East for a distance of 320.00 feet; thence run South 89 degrees 52 minutes 45 seconds West for a distance of 30.68 feet to a point on the Northeasterly right-of-way line of Crandon Boulevard; thence run North 54 degrees 19 minutes 08 seconds. West along the Northeasterly right of way line of Crandon Boulevard for a distance of 469.63 feet to the beginning of a tangential.jcircular curve; thence run Northwesterly, Northerly and North- easterly along said circular cprve, concave to the East having a radius of`25.00 feet through a central angle of 144 degrees 11 minutes 53 seconds for an acc'distance of 62.92 feet to the end of said; -curve; thence run North 39 degrees 52 minutes 45 seconds East for a distance of 396.94`feet to the Point of Beginning, containing 1.829 acres, more or less. PREPARED 8`/ 'CG'{ Of 02 PG 319 WHEREAS, the OWNERS are desirous of giving assurance to the COUNTY that the property will be developed substantially in accordance with the spirit and intent of the plans submitted to the COUNTY for a public hearing wherein the zoning and use of the subject property has been approved, unless said plans are modified and/or changed as a result of a public hearing, or other appropriate action by the COUNTY. NOW, THEREFORE, for good and valuable consideration, the parties have agreed to Covenant as follows: 1. That said property shall be developed strictly in accordance with the schedule of plans shown in the attached Co'� Exhibit "A", prepared by SARILLE-RODRIGO-TARAFA, JOINT VENTURE, Of- VI:v. S e . Architects entitled KEY BISCAYNE SHOPS dated the 220 day of ' - Februar ' '),tY'�-1�t�'�I� y 1978, as per revision dated the 17th day of March • 1978. 2. Where construction has occurred on said • property, pursuant to a permit issued by the County, and ins- pections made and approval of occupancy given by the County, the same shall create a conclusive presumption that the buildings thus constructed comply with the intent and spirit of the master - plan, and this Covenant shall not be construed as.clouding the titre to any of said property on which such development has occured. 3. That this Covenant on the part of;the OWNERS shall constitute a covenant running with the land and will be recorded in the Public Records of Dade County, Florida, and shall remain in full force and effect and be binding upon the • M, � heirs, successors, and assigns of the respective parties hereto, until such time as the same is released in writing'by the Director of the Metropolitan Dade County Building and Zoning Department, or the executive officer of the successor of such department, or, \\\c. in the absence of such director or executive officer. Y b his assistant in charge of the office of his absence. STATE OF FLORIDA COUNTY OF DADE EIMER PC 30 4. The parties further agree that the terms and covenants of that certain Restrictive Covenant for'Usage dated the 7 /5 day of February, 1978, is hereby incorporated herein by reference, in total. IN WITNESS WHEREOF, the parties hereto'have executed this Covenant the day and year first above set forth. SIGNED, SEALED, EXECUTED AND ACKNOWLEDGED on this 3 s i'1 day of February, 1978. r;= Witnesses: M HOLDING.CORP. A Florida corporation • I HEREBY CERTIFY that on this k 'day of February, 1978, before me, personally appeared RAUL MASVIDAL, President, M HOLDING CORP., a Florida corporation, to me known to be the person described in and who executed the foregoing,instrument, and he acknowledged to me the execution thereof to be his free act and deed for the uses and purposes therein mentioned. WITNESS my signature and official seal at Miami, the County and State aforesaid, the day and year first above written. My Commission Expires: 1�t.18, Sbt* afi nalelalliglit Expires October f APPo ovx0 A tri r ri M ANO LSOAi, $NhlW Uy Notary Public • • 1 °L�'11�2 PG 321 JOINDER BY MORTGAGEE THE UNDERSIGNED, HOLYOAKE, N.V. a Netherlands Antilees Corporation, Mortgagee, under that certain mortgage from M HOLDING CORP., a Florida corporation, dated the 7th day of July 1977, and recorded in Official Records Book 9745, at Page 85, of the Public Records of Dade County, Florida, in the original amount of Two Hundred Fifty Thousand Dollars ($250,000.00) covering a portion of the property described in the foregoing Covenant do hereby acknowledge that the terms of this Covenant are and shall be binding upon the undersigned and its .successors in title. 14.;. 1. IN WITNESS WHEREOF, these presents have been .11 -kt s Aso- !;1Q.. 190 VP CO ' .<4".144"7:4e •�' Witnesses: HOLYOAKE, N.V. a N'etheinaarttis • executed this ;!&44; day of February, 1978. Ant' •.rporati B M HOLDING CORP., a Florida corp. ce President • " r10002 pc 322 STATE OF FLORIDA COUNTY OF DADE BEFORE ME, the undersigned authority personally appeared RAUL MASVIDAL, President, M HOLDING CORP., a Florida corporation, to me known to be the person described in and who executed the foregoing instrument, and he acknowledged to me the execution thereof to be his free act and deed for the uses and purposes therein mentioned. WITNESS my signature and official seal at Miami, in the County and State aforesaid, this &4' day of February, 1978. My Commission Expires: NOTARY f UbLLC, S;std w rLOK1DA at LARGE. My Comm(saion Expires Ootobar 20,1960 STATE OF FLORIDA COUNTY OF DADE ,FfA tary Publi .;'. ����"��,:.:-5.1' '' ':�� c ,k " " 1..,0" 1.-.. " �%,-- +J, 0 I .4�� " ' %L. . V" BEFORE ME, the undersigned authority personally appeared JOSE CASTRO, Vice President, IIOLYOAKE, N.V., a Netherlands Antilles corporation, to me known to be the person described in and who executed the foregoing instrument, and he acknowledged to me the execution thereof to be his free act and deed for the uses and purposes therein mentioned. WITNESS my signature and official seal at Miami, in the County and State aforesaid, this ,colevday February, 1978. Ndtary Pu My Commission Expires: NOTARY NUTA.U. ;._ta of FLORIDA at LARGE. My Compassion Expires October 20,19ea -5- " of ", '[0002 pc 323 JOINDER BY MORTGAGEE The Undersigned, THE BANK OF MIAMI, a Florida banking corporation, Mortgagee, under that certain mortgage from M HOLDING CORP., a Florida corporation, dated the 10th day of November, 1977, and recorded in Official Records Book 9860 at Page 330, of the Public Records of Dade County, Florida, in the original amount of Five Hundred Fifty Thousand Dollars ($550,000.00) covering 4r-- tr-IMM LL_ rir. the property described in the foregoing Covenant do hereby acknowledge that the terms of this Covenant are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this •I day of March, 1978. 0 Witnesses: THE BANK OF MIAMI, a Florida Banking Corporation • BY 0,L 'tx.,e A -A P . ti , R M HOLDING CORP., a Florida Co •oration IDAL nt So. LU • 7410002 PG 324 STATE OF FLORIDA: COUNTY OF DADE SS BEFORE ME, the undersigned authority personally appeared RAUL MASVIDAL, President,•M HOLDING CORP., a Florida corporation, to me known to be the person described in and who executed the foregoing instrument, and he acknowledge to me the execution thereof to be his free act and deed for the purposes therein mentioned. WITNESS my signature and official seal at Miami, in the County and State aforesaid,':this ;/ day of March, 1978. My Commission Expires: NOTARY PUBLIC, State of FLORIDA at LARGE. My Commission Expires October 20. 1280 STATE OF FLORIDA: COUNTY OF DADE : SS NOTARY PUB BEFORE ME, the undersigned authority personally appeared on behalf of THE BANK OF MIAMI, a Florida Banking Corporation, to me known to be the person described in and who executed the foregoing instrument, and he acknowledge to me the execution thereof to be his free act and deed for the purposes therein mentioned. WITNESS my signature and official seal at Mi ai, in the County and State aforesaid, this .-ilvrday of March, 1978. My Commission Expires: NOTARY PUBLIC, State of FLORIDA et LARGE. My Commission Expires October 20. 1980 NOTARY PUB 1 411 +,. tc Sao _ 1 N . T • m •' a }• 6 , (4 a fl 0002 PG 325 EXHIBIT "A" SCHEDULE OF PLANS A-1 Landscaping Plan A-2 Site Plan A-3 Parking Level A-4 Plaza Level A-6 Elevations All of the above plans have been prepared by SARILLE-RODRIGO-TARAFA, A Joint Venture, Architects, and are dated February 22, 1978 as revised March 17, 1978. The Landscaping Plan has been prepared by SASAKI & ASSOCIATES, INC., Landscape Architects dated February 22, 1978 and revised March 17, 1978. • UoOUO III VINYL MOW 1111* a WM COMM ROOM IMMO rem RICHARD P. BRINKER. CLERK WOO COUP' OLF'10002 PG 325 *pot EXHIBIT "A" SCHEDULE OF PLANS. A-1 Landscaping Plan A-2 Site Plan A-3 Parking Level A-4 Plaza Level A-6 Elevations All of the above plans have been prepared by SARILLE-RODRIGO-TARAFA, A Joint Venture, Architects, and are dated February 22, 1978 as revised March 17, 1978. The Landscaping Plan has been prepared by SASAKI & ASSOCIATES, INC., Landscape Architects dated February 22, 1978 and revised March 17, 1978. • uc 10010 w OFFICIAL HOMO DOW a Moimom ' a0011+ MIMS RICHARD P. BRINKER. CLERK ascun APL