HomeMy WebLinkAboutExhibit B Revised 11.30.2020This instrument prepared by, and after recording return to:
Name: Ben Fernandez, Esq.
Address: Bercow Radell Fernandez Larkin & Tapanes, PLLC
200 South Biscayne Boulevard, Suite 850
Miami, Florida 33131
(Space reserved for Clerk of Court)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day
of , 2020, by 2814/16 SW 37, LLC, a Florida Limited liability company
having offices at 85 Palm Avenue, Miami Beach, Florida 33139 (the "Owner"), in favor of the
City of Miami, Florida, a municipality of the State of Florida (the "City")
WITNESSETH:
WHEREAS, Owner holds fee -simple title to certain property in the City of Miami,
Florida, located at 2824-2828 SW 37 Avenue in Miami, Florida, legally described in Exhibit A
attached hereto and made a part hereof (the "Property"); and
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
and affirm that the Property shall be developed in accordance with the provisions of the
Declaration herein.
NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy
of which are hereby acknowledged, 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, grantees,
successors, 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. Use/Restriction or Contribution. The Owner shall provide a total of one (1)
housing unit as a part of any multifamily residential rental or condominium development on the
Property that shall be owner occupied and/or rental housing with a purchase cost, value, or
monthly rental, as applicable, equal to or less than the amounts established by the applicable
standards for those individuals whose income is at or below eighty percent (80%) of Area
Median Income of the City of Miami certified by the Department of Housing and Community
Development.. Alternatively, the Owner shall contribute $50,000 (fifty thousand dollars) as a
lump sum payment to the Public Benefit Trust Fund, prior to obtaining a building permit for any
residential development on the Property. This condition applies only to Residential and Multi-
family Housing development.
Prior to converting any of the Affordable or Work Force Housing Units from rental units
to homeownership units, the Owner, or its successors or assigns, must request and receive
written authorization from the City Manager. In the event that the conversion is authorized, the
City and Owner shall coordinate to record covenants on individual units ("Individual
Covenants") in a manner that creates the same amount of Affordable or Workforce
homeownership units specified in this Declaration. Each Individual Covenant must (i) specify
the applicable AMI for any purchaser during the term of the Individual Covenant and (ii) expire
on the same date as the Covenant for Affordable or Workforce Housing; and
In the event that any of the Work Force Housing Units are sold, the specific Unit(s) must
be sold with a purchase cost equal to or less than the standards for those individuals whose
income is at or below the AMI as established herein. Each Workforce or Affordable Force
Housing Unit sold shall include a deed restriction that the Unit shall only be sold with a purchase
cost equal to or less than the standards for those individuals whose income is at or below the
applicable AMI as established herein and shall further indicate that the Unit shall only be rented
to individuals whose income is at or below the AMI as established herein. The deed restriction
must specify the specific applicable AMI.
3. Effective Date. This Declaration shall constitute a covenant running with the title
to the Property and be binding upon Owner, its successors and assigns upon recordation in the
Public Records of Miami -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 Declaration. This voluntary Declaration on the part of the Owner shall
remain in full force and effect and shall be binding upon the Owner, its successors in interest and
assigns for an initial period of thirty (30) years from the date this Declaration is recorded in the
public records, and shall be automatically extended for periods of ten (10) years, unless
modified, amended or released prior to the expiration thereof.
5. Inspection. It is understood and agreed that any official inspector of the City may
have the right at any time during normal working hours of the City'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.
6. Enforcement. An action to enforce the terms and conditions of this Declaration
may be brought by the City and may be by action at law or in equity against any parry or person
violating or attempting to violate any covenants of this Declaration or provisions of the building
and zoning regulations to restrain violations, to recover damages, or for any other remedy
available. In addition, any violation or noncompliance of this Declaration shall be immediately
referred to the Code Compliance Department for enforcement proceedings, lien placement, and
citations pursuant to Chapter 2, Article X of the City Code, Chapter 62 of the City Code, as both
may be amended, and this Declaration. Any violation or noncompliance of this Declaration shall
be referred to the City Attorney's Office for enforcement, including but not limited to injunctive
relief and/or any other remedies in law or equity. This enforcement provision shall be in
addition to any other remedies available under the law. The use of one remedy shall not preclude
the use of another.
7. Non -Compliance. Any violation or noncompliance of this Declaration regarding
the affordable housing component shall result in a monetary penalty to be deposited into the
Affordable Housing Trust Fund. Such monetary penalty shall be assessed as a daily fine of two
hundred fifty dollars ($250.00) per day per violation until proof of compliance has been provided
to the City. The monetary penalty shall not be subject to mitigation or otherwise modified by any
body or board including, but not limited, to the Code Enforcement Board.
8. Amendment, Modification, and Release. This Declaration may be modified,
amended, or released as to any portion or all of the Property only after approval by the City
Commission at a publicly noticed hearing. All costs, expenses, and fees associated with
releasing this Declaration shall be the sole responsibility of the party requesting the release.
Any amendment, modification, or release approved by the City Commission shall be
executed by the Planning Director, the Zoning Director, and the Housing and Community
Development Director, or their successor, or designee, and be in a form acceptable to the City
Attorney.
9. Severability. Invalidation of any one 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.
10. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the acceptance
by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department
of Hearing Boards within thirty (30) days of recordation.
11. No Vested Rights. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the Owner, its successors and assigns.
12. Counterparts/Electronic Signature. This Declaration may be executed in any
number of counterparts, each of which so executed shall be deemed to be an original, and such
counterparts shall together constitute but one and the same Declaration. The parties shall be
entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile,
PDF or other email transmission), which signature shall be binding on the party whose name is
contained therein. Any party providing an electronic signature agrees to promptly execute and
deliver to the other parties an original signed Declaration upon request.
SIGNATURE PAGES TO FOLLOW
IN WITNESS WHEREOF, the undersigned has set his hand and seal this 20th day of
November , 2020.
Print
-a IT—
Print Name /
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
OWNER:
2814/16 SW 37, LLC
By AMBR as the Managing Member /
Partner of 2814/16 SW 37, LLC
Name: Toni Alam
Title: AMBR
The foregoing instrument was ackn ,wledged before e by me ns of Q physical presence
or ❑ onl-i-ne--rrc� ion this ` 6 7� day of 2020 by Toni
Alam, authorized signatory of AMBR the Managing Member/ Partner of 2814/16 SW 37, LLC,
on behalf of the limited liability company. He personally appeared before me, is personally
known to me or produced as identifica�ipn.
1-y
Name:
Co tli6ia Pub0c - Spate of Florida
MS' orb:' 1Yt{►?es Dec 14, 2023
Bonded through National Notary Assn.
APPROVED AS TO CONTENTS:
Jeremy Calleros Gauger, Interim Director
Planning Department
Joseph A. Ruiz, Director
Office of Zoning
George Mensah, Director
Department of Housing and Community Development
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez
City Attorney
EXHIBIT A
Property Address: 2824-2828 SW 37 Avenue in Miami, Florida
Folio Nos.: 01-4117-003-0050 and 01-4117-003-0080
Legal Description: Lot 5, Block 1, REALTY SECURITIES CORPORATION'S
PLAT OF COCOANUT GROVE, according to the Plat thereof as
recorded in Plat Book 2, Page 85, of the Public Records of Miami -
Dade County, Florida; and Lot 8, Block 1, REALTY
SECURITIES CORPORATION'S PLAT OF COCOANUT
GROVE, according to the Plat thereof as recorded in Plat Book 2,
Page 85, of the Public Records of Miami -Dade County, Florida