1115 NE 97 STThis instrument was prepared by:
Weiss Serota Helfman Cole & Bierman, P.L.
Chanae L. Wood, Esq.
200 East Broward Blvd., Suite 1900
Fort Lauderdale, FL 33301
(Space reserved for Clerk of Court)
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANT (this "Covenant") is made this
047 day of pU , 2023, by Jennifer Frehling (the "Owner"), having an
address at 1115 NE 97 Street, Miami Shores, FL 33138 in favor Miami Shores Village, a political
subdivision of the State of Florida, having an address at 10050 NE 2nd Avenue (the "Village")
RECITALS
WHEREAS, the Owner holds fee simple title of a parcel of land within the boundaries of
the Village, located at 1115 NE 97 Street, Miami Shores, Florida 33138 (the "Property"); and
WHEREAS, at the November 16, 2022 Historic Preservation Board meeting, the Board
recommended the Property be designated a Historic Landmark; and
WHEREAS, at the March 23, 2023 Planning and Zoning Board meeting, the Board
recommended the Property be designated a Historic Landmark; and
WHEREAS, at the June 20, 2023 Village Council meeting, the Village Council reviewed
the Board's recommendation, and designated the Property as a Historic Landmark; and
WHEREAS, pursuant to Section 11-6 of the Village Code of Ordinances, after the Village
Council has approved the designation of a property, a covenant to run with the land must be
recorded by the Village in the public records of Miami Dade County; and
NOW THEREFORE, in consideration of the promises contained herein, the Owner,
freely, voluntarily, and without duress, hereby makes the following Declaration of Restrictions
covering and running with the Property:
1. Recitals Adopted. The foregoing recitals are incorporated in this Resolution as if
fully set forth herein and made a part hereof by reference.
2. Certificate of Appropriateness Required. No structure situated on the Property,
at the time of approval of the Historic Landmark designation, shall be demolished, moved, or
altered in its exterior appearance by addition, reconstruction, alteration or maintenance; nor
shall any trees located on the site be destroyed or removed, until an application for a certificate
of appropriateness has been submitted to the Village, pursuant to Chapter 11 of the City Code,
and reviewed and approved by the Historic Preservation Board or the Village Council on
appeal.
3. Notice to Future Owners. The Owner understands that a Historic Landmark
plaque shall be attached to the front fagade of the Historically Designated Landmark, which
shall remain the property of the Village, and shall not be removed from the Property unless this
Covenant is terminated as provided for herein, in which case said plaque shall be returned to
the Village.
4. Miscellaneous.
A. 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 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 his heirs, successors and assigns until such time as the same is modified
or releases. These restrictions during their lifetime shall be for the benefit of, and limitation
upon, all present future owners of the real property and for the benefit of the Village and the
public welfare. The Owner, and heirs, successors, and assigns, acknowledge that acceptance of
this Covenant does not in any way obligate or provide a limitation on the Village.
B. Modification, Amendment, Release. This Covenant may only be modified,
amended or released only upon the written consent of Miami Shores Village, or its successors
and assigns.
C. This Covenant shall be referenced by Official Record Book and Page in all future
conveyances of the Property, it being the intent to avoid the extinguishment of this
Covenant by operation of law under the Florida Marketable Record Titles to Real Estate
Property Act, Chapter 712, F.S. (1993).
D. Authorization of the Village to Withhold Permits and Inspections. In the event the
terms of this Covenant are not being complied with, in addition to any other remedies available,
the Village is hereby authorized to withhold any further permits, and refuse to make any
inspections or grant any approvals, until such time as this Covenant is complied with.
E. Acceptance of Covenant. Acceptance of this Covenant does not obligate the
Village in any manner, nor does it entitle the Owner to a favorable recommendation or approval
of any application, zoning, or otherwise, and the Village retains its full power and authority to,
with respect to the Property, deny each such application in whole or in part and to decline to
accept any conveyance.
F. Owner. The term "Owner" shall include the Owner and his successors and assigns.
[Execution Page Follow]
IN WITNESS WHEREOF, we have executed this Declaration of Restrictions as of this 3
day of _ kxws 20 �3 .
WITNESSES:
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Signatur
Printed Name
j a'w 6iot Axc�
Printed name
STATE OF FLORIDA
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
By:
Name
Title: _ n�"
The foregoing instrument was acknowledged before me by means of physical presence or ❑
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online notarization, this ol-D (numeric date) day of (month), 231 (year), by
f&NVnC& _ _ _(name of person acknowledging).
AUZGREETH IRENE TEZEN
Seal MY COMMISSION # HH 307944
:M•
(Seal) .z•�4 EXPIRES:Apol 16, 2027
Signature of Notary Public 7PVAVMV 6nL �
Print, Type/Stamp Name of Notary iLj
{�¢.—CeZP1�
Personally known:
OR Produced Identification:
Type of Identification Produced: L
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