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HomeMy WebLinkAboutExhibit B (Obsolete) (2)This 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 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 based on Area Median Income as published by the United States Department of Housing and Urban Development and certified by the Department of Community and Economic Development. Alternatively, the Owner shall contribute $10,000 (ten 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. This commitment is in addition to any other restricted housing unit committed to in any other covenant tied to the Property. Prior to converting any of the 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 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. SIGNATURE PAGES TO FOLLOW IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of 2020. WITNESSES: OWNER: 2814/16 SW 37, LLC Signature By AMBR as the Managing Member / Print Name Partner of 2814/16 SW 37, LLC Name: Toni Alam Title: AMBR Signature 85 Palm Avenue Miami Beach, Florida 33139 Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this 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 identification. Name: Notary Public, State of Florida Commission No. My commission expires: APPROVED AS TO CONTENTS: Francisco Garcia, 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