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HomeMy WebLinkAboutExhibit B - Voluntary Covenant SUBII:IR19101411J A121►12My_�Y91*aIIto] Ito] ►1 [0]a IaCEO] :] CC] l►1_1= IMl2KQ:][ell:/_1WS1_1►1 Prepared by and return to: Greenberg Traurig 333 Avenue of the Americas 44th Floor Miami, FL 33131 IQ2&012121:I_1IS::1a21►1Me] aI:IaBiel eto] ►AI21:1M Reserved for Recording DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2021, by STIRRUP PROPERTIES, INC., a Florida for profit corporation, having offices at 3619 Percival Ave, Miami, Florida 33133, 3227 GROVE, LLC, a Florida limited liability company, having offices at 3444 Main Highway, Second Floor, Miami, Florida 33133, and CAROL HENLEY, an individual, residing at 3277 Charles Avenue, Miami, Florida 33133 (collectively, 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 properties located at 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida (Folio Nos. 01-4121-007-5201, 01-4121-007-5210, 01-4121-007-5207, portion of 01-4121-007-5150, 01- 4121-007-5200, and 01-4121-007-4960), legally described in Exhibit A attached hereto and made a part hereof (collectively, the "Property"); and WHEREAS, Owner has filed applications for (a) a Comprehensive Plan amendment to re- designate the Property from "Single -Family Residential" to "Low Density Restricted Commercial" in the City's Future Land Use Map and (b) rezoning from T3-R/NCD-2 Transect Zone to T4- L/NCD-2 Transect Zone on the City's Zoning Atlas (collectively, the "Application"); and WHEREAS, Owner intends to redevelop the Property in a manner that promotes the successful revitalization and restoration of the Village West Island District, identifies and enhances the historical significance of the surrounding community, promotes gateways, gathering places and activities corresponding the culture and heritage of the Village West Island District, and compliments the character of the entire community by highlighting the history and culture of the Village West Island District, as generally depicted in those certain plan sheets entitled Charles Avenue Grove Village, as prepared by Borges + Associates Architects and attached as Exhibit B. NOW, THEREFORE, 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, 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. MIA 1867674310 a10►161WISM0:4:I1:1:r:&TL•]Ito] ►1rAIM94Z•]T/21:r_1►10Y9]:3 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 2 of 10 2. Restrictions. The Owner hereby makes the following voluntary declarations running with the land concerning the Property: a. Architectural Sty. In accordance with the intent of the Village West Island District and Charles Avenue Neighborhood Conservation District ("NCD-2") regulations of Appendix A of Miami 21, any development on the Property shall conform to the City's Village Island West and Grand Avenue Architectural and Urban Design Guidelines. Development on the Property shall maintain fa�ade(s) that are consistent with the Caribbean architectural facades described in the Village Island West and Grand Avenue Architectural and Urban Design Guidelines, including the use of materials, architectural features, and techniques that are compatible with the Caribbean vernacular style and traditional building forms associated with African -American heritage, as generally depicted on Sheets G-012, G-013, G-014, and G-015 of the Plans. b. Densi1y. Notwithstanding the rezoning of the Property to the T4-L Transect Zone, the maximum density permitted at the Property shall be a maximum of thirty-three (33) Dwelling units. For purposes of this Declaration, Lodging Units shall be considered as equivalent to one-half (0.50) of a Dwelling Unit as provided in Miami 21. Uses. Notwithstanding the uses permitted under the T4-L Transect Zone, Multi- family residential uses, as defined in Section 1.1 and Article 4, Table 3 of the Miami 21 Zoning Code, shall not be permitted at the Property. d. Building Height. The height of any structure(s) or other improvement(s) on the Property shall not exceed a maximum of thirty-four (34) feet to the top of the roof slab, as measured under Miami 21 and as generally depicted on Sheets G- 007, G-008, and G-009 of the Plans. e. Preservation of Specimen Tree. The Property contains a strangler fig tree with a height of approximately fifty (50) feet and a diameter of approximate 120 inches (the "Legacy Tree"). Due to its size, this Legacy Tree is considered a Specimen Tree under Chapter 17 of the City Code of Ordinances (the "City Code"). The Owner will incorporate this Legacy Tree as part of the redevelopment on the Property and hereby agrees to preserve, protect, and maintain the Legacy Tree, pursuant to the applicable provisions of Chapter 17 of the City Code. Underground and/or Off -Site Parking. All parking for the redevelopment of the Property shall be provided underground (below grade) and/or at an off -site location. MIA 1867674310 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 3 of 10 g. Landscape Buffer. The Owner agrees to provide a landscape buffer along the western property line to further screen the residential uses located immediately to the west from the new development on the Property. This landscape buffer shall comply with the Miami 21 requirements for buffers between dissimilar land uses. The Plans set forth the general architecture and style of the proposed development on the Property. The Owner acknowledges that the future development of the Property will require detailed site plan approvals by the City which will determine, among other things, the exact location, distribution, and orientation of the proposed development to be located on the Property, as well as other requirements for compliance with all requirements and regulations of the applicable departments, agencies, overlays and/or disciplines as part of the City's site plan and building permit approval processes including but not limited to, review by the City's Historic Preservation Office, the Urban Development Review Board (UDRB), Environmental Resources Division, Zoning, Planning, Building, Fire, and Public Works Departments. The Owner will submit detailed plans substantially in accordance with this Declaration to the City and seek approval of said plans through the ordinary municipal procedures. 3. Public Benefits. The Owner hereby proffers the following public benefits in connection with the Application: a. Job Creation and Employment Opportunities. The Owner shall consult with local and/or state economic development entities regarding job training and job placement services to City residents seeking employment opportunities with potential employers which will locate or establish businesses within the Property. Job Creation During Construction. With regard to sourcing candidates for employment opportunities resulting from the construction of the new development on the Property, the Owner shall require its contractors and subcontractors to utilize good faith efforts to employ a minimum of fifty percent (50%) of on -site labor from persons residing within Miami -Dade County. Priority hiring shall be given to those individuals residing in the Village West area and surrounding areas in the following priority: 1. lst Priority: Those residing in the 33133 ZIP code in the City. 2. 2nd Priority: Those residing in all other areas of the City. 3. 3rd Priority: Those residing in all other areas of Miami -Dade County. MIA 1867674310 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 4 of 10 ii. Community Support, Job Training, and Career Development. The Owner anticipates that the redevelopment of the Property will generate employment opportunities in the hospitality sector. The Owner shall use good faith efforts to work with local schools and local and/or state economic development entities to place qualified program graduates and participants in employment opportunities at the Property. iii. Permanent Jobs. Following the issuance of a Certificate of Occupancy for any development on the Property, the Owner shall set a goal to source one hundred percent (100%) of the permanent jobs at the Property with persons residing within Miami -Dade County. Priority hiring shall be given to those individuals residing in the Village West area and other areas in the following priority: 1st Priority: Those residing in the Village West area shall have priority during the first thirty (30) days of advertisement for the relevant position. 2. 2nd Priority: Those residing in the 33133 ZIP code in the City shall have priority during the next (30) days of advertisement for the relevant position. 3. 3rd Priority: Those residing in all other areas of the City shall have priority. 4. 4th Priority: Those residing in all other areas of Miami -Dade County shall have priority. The Owner shall maximize employment opportunities by individuals based upon their place of residence in keeping with the hiring priorities outlined above; provided, however, the targeted hiring priorities shall not be deemed or construed to require Owner to hire employees who do not comply with OSHA requirements, drug testing requirements and insurance company requirements; however, candidates with minor or insignificant non-violent felony criminal records shall not be denied employment solely based upon their criminal record. iv. Living Wage. The Owner shall comply with the "Living Wage" requirements as set forth in Article X of the City's Code of Ordinances (Secs. 18-556 — 18-559), as may be amended from time to time, with respect to all on -site permanent employees employed by Owner following the issuance of a Certificate of Occupancy for any development on the Property. MIA 1867674310 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 5 of 10 b. Public Benefits Cash Contribution. The Owner shall make a One Hundred and Fifty Thousand Dollars ($150,000) contribution as a lump sum payment to Rebuilding Together Miami -Dade, Inc. to assist in the organization's efforts to repair and improve the homes of low income and vulnerable homeowners and tenants in the Village West. This one-time contribution shall be made prior to issuance of any building permit, including but not limited to a phased permit, for Lodging development on the Property. Traffic Improvements. The Owner agrees to implement the following traffic improvement measures in connection with the development of the Property. Access. There shall be no vehicular access to the Property from William Avenue unless the Property is used for single-family residential purposes. ii. Driveway Configuration. All ingress/egress driveways for the Property to and from Charles Avenue must be configured to enter and exit towards the direction of Main Highway. iii. Speed Control Measures. The Owner agrees to pay for the costs of up to a maximum of five (5) speed tables contemplated for Charles Avenue under the City's traffic calming plan identified as CIP Project: 40- B183612 on file with the City's Office of Capital Improvements. All traffic improvement measures listed in this subsection 3(c) shall be contingent upon the Owner receiving the necessary consents and legal approvals by the applicable property owners, the City, Miami -Dade County, and any other applicable governmental or regulatory agencies. 4. Effective Date. This Declaration is effective at the date of recordation of the executed, original version of this Declaration in the Public Records of Miami -Dade County, Florida (the "Effective Date"). This instrument 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. 5. 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, 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 periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. MIA 1867674310 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 6 of 10 6. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours of the City of Miami'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. 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 party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 7. Governing Law. This Declaration shall be construed in accordance with the laws of the State of Florida and any proceedings arising in any manner pertaining or relating to this Declaration shall, to the extent permitted by law, shall be held in Miami -Dade County, Florida. 8. Amendment and Modification. This Declaration may be modified, amended, or released as to any portion or all of the Property by a written instrument executed by the then Owner(s) of the fee -simple title to the land being affected by such modification, amendment or release, providing that the same has been approved by the City Commission after a public hearing which public hearing shall be applied for at the sole cost and expense of Owner. Upon approval of such modification amendment or release as specified herein, the Director of the City's Planning Department, or his/her successor or designee, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Such instruments shall be in a form acceptable to the City Attorney. 9. 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. 10. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors, or assigns. 11. 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. 12. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within ten (10) days of acceptance by the MIA 1867674310 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 7 of 10 City. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. SIGNATURE PAGES TO FOLLOW MIA 1867674310 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 8 of 10 IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of , 2021. Witnessed by: Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) Stirrup Properties, Inc., A Florida for profit corporation go David Porter, Jr., President The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization this day of , 2021 by David Porter, the of Stirrup Properties, Inc. He personally appeared before me and is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: MIA 1867674310 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 9 of 10 IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of 72021. Witnessed by: 3227 Grove, LLC, A Florida limited liability company an Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) Peter Gardner, Manager The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization this day of , 2021 by Peter Gardner, of 3227 Grove, LLC. He personally appeared before me and is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: MIA 1867674310 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 10 of 10 IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of 2021. Witnessed by: Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) Carol Henley, An individual an Carol Henley The foregoing instrument was acknowledged before m by means of [ ] physical presence or [ ] online notarization this day of , 2021 by Carol Henley. She personally appeared before me and is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: MIA 1867674310 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 11 of 10 APPROVED AS TO CONTENTS: Cesar Garcia -Pons, Director of Planning APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney MIA 1867674310 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 12 of 10 Exhibit "A" Legal Description of Property • STIRRUP PROPERTIES, INC'S PROPERTY LEGAL DESCRIPTION The West 53.75 feet of the East 196.25 feet of the South 118 feet, of Block 29, FROW HOMESTEAD, according to the Plat thereof, recorded in Plat Bonk B, Page 106, of the Public Records of Miami -Dade County, Florida. LOT 20 BLOCK 29 OF FROW HOMESTEAD AMENDED, ACCORDIND TO THE PLAT THEREOF, RECORDED IN PLAT BOOK "B" AT PAGE 106 OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA. AND W 110FT OF E 25OFT OF N 117 FT OF BLOCK 29, FROW HOMESTEAD, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK B, PAGE 106, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA Folio Nos.: 01-4121-007-5207, 01-4121-007-4960 and 01-4121-007-5200 • 3227 GROVE, LLC PROPERTY LEGAL DESCRIPTION Parcel 1: The West 40 feet of the East 92.6 feet of the South 118 feet, Block 29, of FROW HOMESTEAD AMENDED, according to the Plat thereof, as recorded in Plat Book "B", at Page 106, of the Public Records of Miami -Dade County, Florida. Parcel 2: The West 64 feet of the East 142.6 feet of the South 118 feet, Block 29, of FROW HOMESTEAD AMENDED, according to the Plat thereof, as recorded in Plat Book "B", at Page 106, of the Public Records of Miami -Dade County, Florida. Folio Nos.: 01-4121-007-5201 and 01-4121-007-5210 • CAROL HENLEY PROPERTY LEGAL DESCRIPTION THE WEST 107.5 FT THE EAST 250FT OF S116FT OF BLK 29 LESS W53.75FT OF E196.25FT OF 5118FT BLK 29,FROW HOMESTEAD, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLATBOOK B, PAGE 106, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Portion of Folio No.: 01-4121-007-5150 MIA 186767431v3 Prepared by and return to: Greenberg Traurig 333 Avenue of the Americas 44th Floor Miami, FL 33131 Reserved for Recording UBSTITUTED SEEN AT THE END OF DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the ' eclaration"), made this day of , 2021, by STIRRUP PRYMHighway, , INC., a Florida for profit corporation, having offices at 3619 Percival Ave, MiamFlo 133, 3227 GROVE, LLC, a Florida limited liability company, having offices at 34Second Floor, Miami, Florida 33133, and CAROL HENLEY, an individual,277 Charles Avenue, Miami, Florida 33133 (collectively, the "Owner"), in favor of F MIAMI, Florida, a municipality of the State of Florida (the "City"). WITNESSET WHEREAS, Owner holds fee -simple title to rtain properties located at 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 llliam Avenue, Miami, Florida (Folio Nos. 01-4121-007-5201, 01-4121-007-5210, 01-4121-0 -5207, portion of 01-4121-007-5150, 01- 4121-007-5200, and 01-4121-007-4960), legally scribed in Exhibit A attached hereto and made a part hereof (collectively, the "Property"); an WHEREAS, Owner has filed applic tions for (a) a Comprehensive Plan amendment to re- designate the Property from "Single-Fami Residential" to "Low Density Restricted Commercial" in the City's Future Land Use Map (b) rezoning from T3-R/NCD-2 Transect Zone to T4- L/NCD-2 Transect Zone on the City' oning Atlas (collectively, the "Application"); and WHEREAS, Owner inte ds to redevelop the Property in a manner that promotes the successful revitalization and res ration ofthe Village West Island District, identifies and enhances the historical significance of a surrounding community, promotes gateways, gathering places and activities correspondi the culture and heritage of the Village West Island District, and compliments the characte of the entire community by highlighting the history and culture of the Village West Island D' 'ct, as generally depicted in those certain plan sheets entitled Charles Avenue Grove Villa , as prepared by Borges + Associates Architects and attached as Exhibit B. NOW, T REFORE, Owner voluntarily covenants and agrees that the Property shall be subject to the f owing restrictions that are intended and shall be deemed to be covenants running with the land d binding upon the Owner, its successors in interest, and assigns as follows. hereby 186767431v3 232- Recitals. The recitals and findings set forth in the preamble of this Declaration are i by reference thereto and incorporated herein as if fully set forth in this Section. V,) I (-) tj -1af I CZ�.�nanf-SUB TION TO CAN BE UMENT. THIS DOCUMENT IS A SUBSTITUTION TO UBSTITUTED. GINj5tCANBE 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 2 of 10 2. Restrictions. The Owner hereby makes the following voluntary running with the land concerning the Property: a. Architectural Style. In accordance with the intent of the Villa a West Island District and Charles Avenue Neighborhood Conservation D' trict ("NCD-2") regulations of Appendix A of Miami 21, a/Arcectural opment o the Property shall conform to the City's Village Island West d Ave ue Architectural and Urban Design Guidelines. Developmene P perty shall maintain fagade(s) that are consistent with the Caribhi ctural fagades described in the Village Island West and Grand Avetectural and Urban Design Guidelines, including the use of materials, ural features, and techniques that are compatible with the Caribbean vestyle and traditional building forms associated with African-Americane, as generally depicted on Sheets G-012, G-013, G-014, and G-015 ons. b. Density. Notwithstanding the rez?ni2K of the Property to the T4-L Transect Zone, the maximum density pe/alent d at the Property shall be a maximum of thirty-three (33) Dwelling unitpurposes of this Declaration, Lodging Units shall be considered as equto one-half (0.50) of a Dwelling Unit as provided in Miami 21. c. Uses. Notwithstanding th ses permitted under the T4-L Transect Zone, Multi- family residential uses, s defined in Section 1.1 and Article 4, Table 3 of the Miami 21 Zoning ,shall not be permitted at the Property. d. BuildingHeight. a height of any structure(s) or other improvement(s) on the Property shall t exceed a maximum of thirty-four (34) feet to the top of the roof slab, as easured under Miami 21 and as generally depicted on Sheets G- 007, G-00 and CoG-009 of the Plans. e. Presery tion of Specimen Tree. The Property contains a strangler fig tree with /ahe* t of approximately ffty (50) feet and a diameter of approximate 120 (the "Legacy Tree"). Due to its size, this Legacy Tree is considered a en Tree under Chapter 17 of the City Code of Ordinances (the "City . The Owner will incorporate this Legacy Tree as part of the opment on the Property and hereby agrees to preserve, protect, and maintain the Legacy Tree, pursuant to the applicable provisions of Chapter 17 of the City Code. f. Underground and/or Off -Site Parking. All parking for the redevelopment of the Property shall be provided underground (below grade) and/or at an off -site location. 1867674310 THIS DOCUMENT IS A SUBSTITU - ON TO SUBSTITUTED. INA_CAN BE 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 3 of 10 g. Landscape Buffer. The Owner agrees to provide a landscape buffer long the western property line to further screen the residential uses located . mediately to the west from the new development on the Property. This la scape buffer shall comply with the Miami 21 requirements for buffers be een dissimilar land uses. The Plans set forth the general architecture and style of the propos development on the Property. The Owner acknowledges that the future development of t Property will require detailed site plan approvals by the City which will determine, amo other things, the exact location, distribution, and orientation of the proposed development t e located on the Property, as well as other requirements for compliance with all require ents and regulations of the applicable departments, agencies, overlays and/or disciplines as art of the City's site plan and building permit approval processes including but not limited o, review by the City's Historic Preservation Office, the Urban Development Review Board DRB), Environmental Resources Division, Zoning, Planning, Building, Fire, and Public orks Departments. The Owner will submit detailed plans substantially in accordance with his Declaration to the City and seek approval of said plans through the ordinary municipal ocedures. 3. Public Benefits. The OwnerZent proffers the following public benefits in connection with the Applicati a. Job Creation and Employ Opportunities. The Owner shall consult with local and/or state econo c development entities regarding job training and job placement services to ity residents seeking employment opportunities with potential employers which will locate or establish businesses within the Property. Job Cre ion During Construction. With regard to sourcing candidates for em oyment opportunities resulting from the construction of the new Pdeve pment on the Property, the Owner shall require its contractors and ontractors to utilize good faith efforts to employ a minimum of fifty cent (50%) of on -site labor from persons residing within Miami -Dade nty. Priority hiring shall be given to those individuals residing in the Village West area and surrounding areas in the following priority: 1. 1st Priority: Those residing in the 33133 ZIP code in the City. 2. 2nd Priority: Those residing in all other areas of the City. 3. 3rd Priority: Those residing in all other areas of Miami -Dade County. 1867674310 THIS DOCUMENT IS A SUBSTITL SUBSTITUTED. INAL S DOC I BE ENT. 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 4of10 ii. Community Support, Job Training, and Career Development./The Owner anticipates that the redevelopment of the Property will g erate employment opportunities in the hospitality sector. The Owner all use good faith efforts to work with local schools and local a d/or state economic development entities to place qualified program aduates and participants in employment opportunities at the Property. b. Public Benefits Cash Contribution. The Owner shall make One Hundred and Fifty Thousand Dollars ($150,000) contribution as a 1 p sum payment to Rebuilding Together Miami -Dade, Inc. to assist in the ganization's efforts to repair and improve the homes of low income and vu erable homeowners and tenants in the Village West. This one-time co ntrib tion shall be made within five (5) business days after the issuance of a bui ing permit for any Lodging development on the Property. 4. Effective Date. This Declaration is executed, original version of this Declaration in th Florida (the "Effective Date"). This instrument shall to the Property and be binding upon Owner, its succ Public Records of Miami -Dade County, Florida. The a limitation upon, all present and future owners of 04 at the date of recordation of the Pub c Records of Miami -Dade County, 7or itute a covenant running with the title and assigns upon recordation in the rictions shall be for the benefit of, and Property and for the public welfare. 5. Term of Covenant. This volun ry covenant on the part of the Owner shall remain in full force and effect and shall be binding u on the Owner, its successors in interest and assigns for an initial period of thirty (30) years fr m the date this instrument is recorded in the public records, and shall be automatically ext ded for periods of ten (10) years, unless modified, amended or released prior to the expir on thereof. 6. Inspection and Eoforcement. It is understood and agreed that any official inspector of the City of Miami m have the right at any time during normal working hours of the City of Miami's inspector to e r upon the Property for the purpose of investigating the use of the Property, and fo/py whether the conditions of this Declaration and the requirements of the City's building regulations are being complied with. An action to enforce the terms and conditions oration may be brought by the City and may be by action at law or in equity against ar person violating or attempting to violate any covenants of this Declaration or pthe building and zoning regulations, either to restrain violations or to recover damagescement provision shall be in addition to any other remedies available under the law. 7. Governing Law. This Declaration shall be construed in accordance with the laws of th State of Florida and any proceedings arising in any manner pertaining or relating to this Dec ation shall, to the extent permitted bylaw, shall be held in Miami -Dade County, Florida. MIA 166767431v3 THIS DOCUMENT IS A SUBSTITUTIO ORIGINA SUBSTITUTED. SEEN AT 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 5 of 10 8. Amendment and Modification. This Declaration may be modified, amenAed, or released as to any portion or all of the Property by a written instrument executed by he then Owner(s) of the fee -simple title to the land being affected by such modification, amendment or release, providing that the same has been approved by the City Commission after a public hearing which public hearing shall be applied for at the sole cost and expense of Owner..IJpon approval of such modification amendment or release as specified herein, the Director of the City's Planning Department, or his/her successor or designee, shall execute a written instruments recordable form effectuating and acknowledging such modification, amendment or release. each instruments shall be in a form acceptable to the City Attorney. 9. Counterparts/Electronic Signature. This Dc number of counterparts, each of which so executed shall be ( counterparts shall together constitute but one and the same entitled to sign and transmit an electronic signature of this Dec or other email transmission), which signature shall be bins contained therein. Any party providing an electronic sign:itu deliver to the other parties an original signed Declarationpor ;laratioii may be executed in any eeme, to be an original, and such Declaration. The parties shall be ation (whether by facsimile, PDF ing on the party whose name is e agrees to promptly execute and request. 10. :To Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors, or assigns. 11. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of -Ibis Declaration, which shall remain in full force and effect. 12. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the.,cost of the Owner, within ten (10) days of acceptance by the City. The Owner shall furnish a,.copy of the recorded Declaration to the City Department of Hearing Boards within thirty (3days of recordation. SIGNATURE PAGES TO FOLLOW MIA ENT. THIS DOCUMENT IS A SUBSTITL [SUBSTITUTED. INAI S DOC 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 6 of 10 IN WITNESS WHEREOF, the undersigned has set his hand and seal this dad of , 2021. y Witnessed by: Stirrup Properties, Inc., A Florida for profit cor By: Name: David Porter, Jr., F Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowli or [ ] online notarization this day of of Stirrup Pro ertie personally known to me or produced MIA rbefore me by means of [ ] physical presence , 2021 by David Porter, the Inc. He personally appeared before me and is as identification. Name: Notary Public, State of Florida Commission No. My commission expires: ENT. THIS DOCUMENT IS A SUBSTITUTIO TC SUBSTITUTED. INA BE S DO MENT. 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 7 of 10 IN WITNESS WHEREOF, the undersigned has set his hand and seal this /yo 2021. Witnessed by: Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) 3227 Grove, LLC, A Florida limited liability/company By: Peter Gardne , Manager The foregoing instrument was ackno ledged before me by means of [ ] physical presence or [ ]online notarization this day of , 2021 by Peter Gardner, of 3227 Grove, LLC. He personally app red before me and is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: THIS DOCUMENT IS A SUBSTITI S SUBSTITUTED. 1130C 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 8 of 10 IN WITNESS WHEREOF, the undersigned has set his hand and seal this do of 2021. Witnessed by: Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was ack or [ ] online notarization this day of appeared before me and is personally kno` v3 Carol Henley, An individual IN Carol Henley ;coed before in by means of [ ] physical presence 0 , 2021 by Carol Henley. She personally me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: BE THIS DOCUMENT IS A SUBSTITUTIO TC SUBSTITUTED. INAI BE S DO MENT. 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 9 of 10 APPROVED AS TO CONTENTS: Cesar Garcia -Pons, Director of Planning APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney v3 SUBSTITUTED. N TUrj EO SEEN AT THE END OF THIS CUMENT. 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 10 of 10 Exhibit "A" Legal Description of Property • STIRRUP PROPERTIES, INC'S PROPERTY LEGAL DESCRIPTI The West 53.75 feet of the East 1%.25 feet of the South 118 feet, of H k 29, FROW HOMESTEAD, according to the Plat thereof, recorded in Plat Hook H, Page 06, of the Public Records of Miami -Dade County, Florida. LOT 20 BLOCK 29 OF FROW HOMESTEAD AMENDED, ACCORDIND TO THE P T THEREOF, RECORDED IN PLAT BOOK W A T PAGE 106 OF THE PUBLIC RECORDS OF MIAMI -DAD OUNTY, FLORIDA . AND W 110FT OF E 250FT OF N 117 FT OF BLOCK 29, FROW HOMESTEAD, A CORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK B, PAGE 106, OF THE PUBLIC RECORDS MIAMI DADE COUNTY, FLORIDA Folio Nos.: 014121-007-5207, 01-4121-007-4960 and O 1V4121-007-5200 • 3227 GROVE, LLC PROPERTY LEGAL DESCRIPTION Parcel 1: The West 40 feet of the East 92.6 feef of the South 118 feet, Block 29, of FROW HOMESTEAD AMENDED, accordin o the Plat thereof, as recorded in Plat Book "B", at Page 106, of the Pubyt Records of Miami -Dade County, Florida. Parcel 2: The West 60 feet of the E t 142.6 feet of the South 118 feet, Block 29, of FROW HOMESTEAD AMENDED according to the Plat thereof, as recorded in Plat Book "B", at Page 106, of th ublic Records of Miami -Dade County, Florida. Folio Nos.: 0 1 -4121-007-5201 and 01-4121-007-5210 • CAROL VENLEY PROPERTY LEGAL DESCRIPTION THE WEST 107. FT THE EAST 25OFT OF S118FT OF BLK 29 LESS W53.75FT OF E196.25FT OF S118FT BLK 29,FROW HOVESTEAD, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK B, PAGE 106, OF THE PUBLIC RE90RDS OF MIAMI-DADE COUNTY, FLORIDA. Folio No.: 01-4121-007-5150 v3 EXHIBIT B THIS DOCUMENT IS A SUBSTITUTION TO SUBSTITUTED. INAL CAN BE S rim A I I HE Ellmu Or 11191115 DOCUMENT. CHARLES AVENUE GROVE VILLAGE qmor ^- -1 III �I "iv,,; Rog wis ©v ■■ borgay RENHOOIIIDIWt �EOF 0- .mui CHARLES AVENUE GROVE VILLAGE mr.an aMRLEe � YYYI, FL 7[1[1 FOlp t00000D000L0Y1 1n202 COVER �t G-000 ,Noutt ji�ururynrs Jnr. LAWSURwyan r. e {© � 8 � �• Pn �. ©� y i r - ,, • i ra ,]L. � I ,,- � I •°•' I '�'• VACAMf LOT I alac9 LUT LOT I W4Wf LO' � I I xil to �,^off IIIIIIIIMIl THIS DOCUMENT IS A SUBSTITUTION TO NAL CAN BE S SUBSTITUTED. IDOL MENT. BOUNDARY SURVEY .I.p,BI �.GFLt TREE TABLE N^L _�FNALIE L-1-L-aWl� x001 tU5 STRANGLER Eq . - _... .- RD UroUm LIVE UAN 2U� 2Bro + 1gOPICA1 A1WxD . } "uILTT 3ROPICAl ALWND IBM .0 ql 411 AREU PALND MULTI BOU ARE -PUN wLn eao EU EUN vuLT ,em REU uR b —EIR 4ULBE� 1. UU OWx Ap t50U.11w }. UU . CNRDLERPNIU JS UU bql ATTLVIGLER sip 2. R1 161 O� y T (»I BUNYFV COCONUT PALM BBD ]U UO IBUU COCONUT PALM I1 29w i.ql 3, ROVALU INCIANA t80U TtW 11 W. _— AVOCADO I 1U UU LEAD IREE E.. }5M 25. THEE 2BU TS OO Nro LEAD TREE Bl0 250U MW LI '—I—AL— ll a0 7e UU AO UU ]BILEADTHIFF a2a 2500 .bF B R Ei0 - IUM It ,ROPICAL ALM011D bUD B2' [ 5U 00 SO qI M TROPItx NMOxD AUU T5.00 e1.0U I AMENDED 1p-1 • a � • i ..sJ+l�...m�rwe•i a� / /f . I I I � I I �,...,_"`... • xA Es AVE. - v (6-106) LOCATION SKETCH SCALE•NTS r, ...... r„rei rlrT•r. 6Zrg REWWO BOMB, AFORECT 0— PROJECT IEAY CHARLES AVENUE GROVE VILLAGE S2T92O DN/INLEa AVE YYYI. FL DIA FOLaaoB0000aooa000 1fzzu2 SURVEY AYRNOYYII G-003 THIS DOCUMENT IS A SUBSTITUTION TO SUBSTITUTED. INAL CAN BE S DOCUMENT. RENA= DOR0EE. MCINTECT 4� t, y FnaEcr rErrw. W CHARLES AVENUE _ GROVE VILLAGE w i A7/0N]CNMlE6 AYE " YY1�I, Fl atv FOtp E0600p000p0000 172202 'CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECTS PROPOSED BAHAMIAN ARCHITECTURE AND DESIGN IN ACCORDANCE WITH THE VILLAGE WEST DESIGN GUIDELINES. IMAGE DOES NOT DEPICT ACTUAL CONTEXT DESIGN OF THE PROJECT. FINAL DEVELOPMENT AND DESIGN SHALL BE IN ACCORDANCE WITH FUTURE SITE PLAN APPROVAL. SITE DIAGRAM ms� G-007 W THIS DOCUMEN M SLI STITUTION TO SUBSTITUTED. FINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ee�,eDATE 4.M. .. ...... . .......... borge!y.=L REMMMGMARMECT WEMn. -54 4 , . . . I . . .1 �z 1;. GROVE VILLAGE 172202 C CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECTS PROPOSED BAHAMIAN c R A HITECTURE AND DESIGN IN ACCORDANCE WITH THE VILLAGE WEST DESIGN GUIDELINES. IMAGE DOES NOT DEPICT ACTUAL CONTEXT DESIGN OF THE PROJECT. FINAL DEVELOPMENT AND DESIGN SHALL BE IN ACCORDANCE WITH FUTURE SITE PLAN APPROVAL. SITE DIAGRAM ASSI*M (3-008 THIS DOCUMENT IS A SUBSTITUTION TO O 1SUBSTITUTED. INAL CAN BE SE DOCUMENT. CONTEXT - NEIGHBORHOOD ELEVATION _BU_IL_DIN_G_HE_IG_H_T_3 25 -- -0" _ _ _ _ 25 34'-0" 34'-0" +27'-0" +6 ' +44'-0" +37'.0" +52'-0" +84'-0" ('HEIGHTSMEASUREDTO------ -------'-------------------------------------------------------------a__.___-_ �.�....:., TOP OF ROOF SUB) borgey+ l m fTfilTPl1 fiTEl'rfl�TT1 RENA= BORGESARMECT t - ® ❑111111 �I - _ JL r ® ®I i&ujEcmffm T3R - Sinoe-hmlly ( T4 - Re -zone I CharNs Aven e I Main memo W" I �wEa TErw I` Cl - Coconut Gram le**WAW I Ts - Nam OHIO .CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECTS PROPOSED BAHAMIAN ARCHITECTURE AND DESIGN IN ACCORDANCE WITH THE VILLAGE WEST DESIGN GUIDELINES. IMAGE DOES NOT DEPICT ACTUAL DESIGN OF THE PROJECT. FINAL DEVELOPMENT AND DESIGN SHALL BE IN ACCORDANCE WITH FUTURE SITE PLAN APPROVAL. CHARLES AVENUE GROVE VILLAGE 3w-mrCHMIESAVE 3Mm, FL 33133 MW S00-0SOOLnU 172202 CONTEXT SITE ELEVATION AS°"'. G-009 THIS DOCUMENT IS A SUBSTITUTION TO OR SUBSTITUTED. Al. CAN BE SLIEN AT THE END OF THISDOCUMENT. il borge� RER DOROROE6,M EM 0 Ano.Rn 1Eu1. CHARLES AVENUE GROVE VILLAGE fIIF-]NIORARLESAW M"I.FL 3177 FOLIO0 W-0OW000-0 172202 INSPIRATIONAL IMAGES �BB G-010 .r RENDERING Q CHARLES AVE THIS DOCUMENT IS A SU13S ITUTION TO ORI SUBSTITUTED. IAL CAN BE SEEN AT THE END OF THIS DOCUMENT. µ,yyYwwir.r + Z-16, sne . .. iww.w.n.enwr. nnw - ' .+new r,nrnowewrr.r..r.nw w, nww.rw..e nr.w r.w.� ,� _ F.irr.�rn...wrw• wrwwwrin.w borgey= �- _ eEtMID010e0Et, ANCMIFCT n I •I CHARLES AVENUE GROVE VILLAGE 7E7I-7N]UIINIEt IVE 'CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECTS PROPOSED BAHAMIAN Fa o�w. EUPWODOWd000 ARCHITECTURE AND DESIGN IN ACCORDANCE WITH THE VILLAGE WEST DESIGN GUIDELINES. IMAGE DOES NOT DEPICT ACTUAL 172202 DESIGN OF THE PROJECT. FINAL DEVELOPMENT AND DESIGN SHALL BE IN ACCORDANCE WITH FUTURE SITE PLAN APPROVAL. RENDERINGS �e elEww G-012 THIS DOCUMENT IS A SUBSTITUTION TO O SUBSTITUTED. NAL CAN BE SEcm m i i mr civu ur i nia DOCUMENT. R—E DAM s` e '1 11 II DEWALDO BORGES, ANCHMECT fill iI �lB,' .•,. 11 � SFr ilr CHARLES AVENUE GROVE VILLAGE ]a1-91MMALEEAW MM .CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECTS PROPOSED BAHAMIAN EpLp @ I.`op.moopoo ARCHITECTURE AND DESIGN IN ACCORDANCE WITH THE VILLAGE WEST DESIGN GUIDELINES. IMAGE DOES NOT DEPICT ACTUAL 172202 DESIGN OF THE PROJECT. FINAL DEVELOPMENT AND DESIGN SHALL BE IN ACCORDANCE WITH FUTURE SITE PLAN APPROVAL. RENDERINGS �°° G-013 FACADE RENDERING 0 CHARLES AVE 01 THIS DOCUMENT IS A SUBSTITUTION TO OcBSTITUTED. ALCAN BE SEEN AT THE END OF 7 nib DOCUMENT. or 018M DAM IP i 9 y .. ■■ I IIII1 y� o� - ;L • - .EEULuo �J i I f1 �5 'il I L. �. rraEcr rew 0 rrr -- f l- 3 r CHARLES AVENUE GROVE VILLAGE nn.aa awLEe wE ■u., n nLn FOLgrOP000PUW-0OW 172202 'CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECTS PROPOSED BAHAMIAN RENDERINGS A ARCHITECTURE AND DESIGN IN ACCORDANCE WITH THE VILLAGE WEST DESIGN GUIDELINES. IMAGE DOES NOT DEPICT ACTUAL DESIGN OF THE PROJECT, FINAL DEVELOPMENT AND DESIGN SHALL BE IN ACCORDANCE WITH FUTURE SITE PLAN APPROVAL. G-014 PARKING ENTRANCE CHARLES AVE MIN 42, 01 1 /FACADE RENDERING 0 WILLIAM AVE I' L THIS DOCUMENT IS A SUBSTITUTION TO SUBSTITUTED. INALCAN BE $ DOCUMENT. { I � RFIIMlDObORIiEb.°RCXffEtE Ji �` ■ NIOJECI LF.W. I� „�„�� CHARLES AVENUE GROVE VILLAGE �— - btl7-SN7dIMLE6.VE YNYI, EL b1b fOlp EbbWWOEE-0Op 172202 'CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECTS PROPOSED BAHAMIAN ARCHITECTURE AND DESIGN IN ACCORDANCE WITH THE VILLAGE WEST DESIGN GUIDELINES. IMAGE DOES NOT DEPICT ACTUAL RENDERINGS DESIGN OF THE PROJECT. FINAL DEVELOPMENT AND DESIGN SHALL BE IN ACCORDANCE WITH FUTURE SITE PLAN APPROVAL. - °°°° G-015 Prepared by and return to: Greenberg Traurig 333 Avenue of the Americas 44th Floor Miami, FL 33131 Reserved for Recording THIS DECLARATION OF RESTRICTIVE COVENANTS a "Declaration"), made this day of , 2021, by STIRRUP PROPE IES, INC., a Florida for profit corporation, having offices at 3619 Percival Ave, Miami, F rida 33133, 3227 GROVE, LLC, a Florida limited liability company, having offices at 344 ain Highway, Second Floor, Miami, Florida 33133, and CAROL HENLEY, an individual esiding at 3277 Charles Avenue, Miami, Florida 33133 (collectively, the "Owner"), in favor the CITY OF MIAMI, Florida, a municipality of the State of Florida (the "City"). WITNESSEZfH: WHEREAS, Owner holds fee -simple titl to certain properties located at 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3 0 William Avenue, Miami, Florida (Folio Nos. 01-4121-007-5201, 01-4121-007-5210, 01-4 (vl -007-5207, portion of 01-4121-007-5150, 01- 4121-007-5200, and 01-4121-007-4960), le described in Exhibit A attached hereto and made a part hereof (collectively, the "Property" , and WHEREAS, Owner has filed plications for (a) a Comprehensive Plan amendment to re- designate the Property from "Single- mily Residential" to "Low Density Restricted Commercial" in the City's Future Land Use M and (b) rezoning from T3-R/NCD-2 Transect Zone to T4- L/NCD-2 Transect Zone on the ty's Zoning Atlas (collectively, the "Application"); and WHEREAS, Owne intends to redevelop the Property in a manner that promotes the successful revitalization a restoration of the Village West Island District, identifies and enhances the historical s/chacter of the surrounding community, promotes gateways, gathering places and activities ng the culture and heritage of the Village West Island District, and compliments thof the entire community by highlighting thehistory and culture of the Village West Ict, as generally depicted in those certain plan sheets entitled Charles Avenue Groveprepared by Borges + Associates Architects and attached as Exhibit B. 7and ,THEREFORE, Owner voluntarily covenants and agrees that the Property shall be subjectfollowing restrictions that are intended and shall be deemed to be covenants running with thand binding upon the Owner, its successors in interest, and assigns as follows. 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are adopted by reference thereto and incorporated herein as if fully set forth in this Section. MIA 186767431v3 0 W D r 4A m M 4A 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 2 of 10 2. Restrictions. The Owner hereby makes the following voluntary running with the land concerning the Property: a. Architectural Style. In accordance with the intent of the Vill e West Island District and Charles Avenue Neighborhood Conservation D' trict ("NCD-2") regulations of Appendix A of Miami 21, any development the Property shall conform to the City's Village Island West and Grand Av ue Architectural and Urban Design Guidelines. Development on the P perty shall maintain faqade(s) that are consistent with the Caribbean arch' ctural facades described in the Village Island West and Grand Avenue Arc tectural and Urban Design Guidelines, including the use of materials, arc ral features, and techniques that are compatible with the Caribbean vernac style and traditional building forms associated with African -American itage, as generally depicted on Sheets G-012, G-013, G-014, and G-015 o the Plans. b. Density. Notwithstanding the rezoni of the Property to the T4-L Transect Zone, the maximum density permit at the Property shall be a maximum of thirty-three (33) Dwelling units o ixty-six (66) Lodging Units. For purposes of this Declaration, Lodging Un' shall be considered as equivalent to one-half (0.50) of a Dwelling Unit asp vided in Miami 21. c. Building Height. The heigjff of any structure(s) or other improvement(s) on the Property shall not exce a maximum of thirty-four (34) feet to the top of the roof slab, as measure der Miami 21 and as generally depicted on Sheets G- 007, G-008, and G- 9 of the Plans. d. Preservation of Ybecimen Tree. The Property contains a strangler fig tree with a height of aKegacy roximately fifty (50) feet and a diameter of approximate 120 inches (the ` Tree"). Due to its size, this Legacy Tree is considered a Specime n e under Chapter 17 of the City Code of Ordinances (the "City Code") The Owner will incorporate this Legacy Tree as part of the r/aaion pment on the Property and hereby agrees to preserve, protect, and rthe Legacy Tree, pursuant to the applicable provisions of Chapter 17 oity Code. Underground and/or Off -Site Parking. All parking for the redevelopment of the Property shall be provided underground (below grade) and/or at an off -site location. f. Landscape Buffer. The Owner agrees to provide a landscape buffer along the western property line to further screen the residential uses located immediately to the west from the new development on the Property. This landscape buffer 1867674310 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 3 of 10 shall comply with the Miami 21 requirements for buffers between dissi land uses. The Plans set forth the general architecture and style of the proposed developYht on the Property. The Owner acknowledges that the future development of the Property ill require detailed site plan approvals by the City which will determine, among other thi s, the exact location, distribution, and orientation of the proposed development to be located n the Property, as well as other requirements for compliance with all requirements and guIations of the applicable departments, agencies, overlays and/or disciplines as part of the it site plan and building permit approval processes including but not limited to, review the City's Historic Preservation Office, the Urban Development Review Board (UDRB), E ironmental Resources Division, Zoning, Planning, Building, Fire, and Public Works Dep ments. The Owner will submit detailed plans substantially in accordance with this Decla tion to the City and seek approval of said plans through the ordinary municipal procedures. 3. Public Benefits. The Owner hereby proffers th ollowing public benefits, subject to the conditions precedent in Section 3 of this Declaration, ' connection with the Application: a. Job Creation and Em to ent O o unities. The Owner shall consult with local and/or state economic develop ent entities regarding job training and job placement services to City resid is seeking employment opportunities with potential employers which w' locate or establish businesses within the Property. i. Job Creation Duript Construction. With regard to sourcing candidates for emp/toro ortunities resulting from the construction of the new developProperty, the Owner shall require its contractors and subconilize good faith efforts to employ a minimum of fifty percent -site labor from persons residing within Miami -Dade Countyng shall be given to those individuals residing in the Villaged surrounding areas in the following priority: 1st Priority: Those residing in the 33133 ZIP code in the City. 2. 2nd Priority: Those residing in all other areas of the City. 3. 3rd Priority: Those residing in all other areas of Miami -Dade County. ii. Community Support, Job Training, and Career Development. The Owner anticipates that the redevelopment of the Property will generate employment opportunities in the hospitality sector. The Owner shall use MIA 186AM v3 SUBSTITUTED 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 4 of 10 good faith efforts to work with local schools and local and/or state economic development entities to place qualified program graduates anc� participants in employment opportunities at the Property. , b. Public Benefits Cash Contribution. The Owner shall make a One Hundr and Fifty Thousand Dollars ($150,000) contribution as a lump sum paym t to be allocated as specifically determined by the City Commission. All public benefits pursuant to this Section, with the exception of se listed in subparagraph (a), shall be completed and fulfilled prior to the issuance of ny Temporary Certificate of Occupancy ("TCO") or Certificate of Occupancy ("CO") /ny Multi -family residential or lodging development on the Property. 4. Effective Date. This Declaration is effective at the 415 of recordation of the executed, original version of this Declaration in the Public Record of Miami -Dade County, Florida (the "Effective Date"). This instrument shall constitute a c enant running with the title to the Property and be binding upon Owner, its successors and igns upon recordation in the Public Records of Miami -Dade County, Florida. These restricti s shall be for the benefit of, and a limitation upon, all present and future owners of the Propert nd for the public welfare. 5. Term of Covenant. This voluntary coven on the part of the Owner shall remain in full force and effect and shall be binding upon the O er, its successors in interest and assigns for an initial period of thirty (30) years from the da this instrument is recorded in the public records, and shall be automatically extended for riods of ten (10) years, unless modified, amended or released prior to the expiration thereo 6. Inspection and Enforcemen It is understood and agreed that any official inspector of the City of Mia/he ave th ight at any time during normal working hours of the City of Miami's inspector toon th roperty for the purpose of investigating the use of the Property, and for determinier e conditions of this Declaration and the requirements of the City's building and zoniti s are being complied with. An action to enforce the terms and conditions of this Decly be brought by the City and may be by action at law or in equity against any party oviolating or attempting to violate any covenants of this Declaration or provisions oding and zoning regulations, either to restrain violations or to recover damages. This enfoprovision shall be in addition to any other remedies available under the law. 7. GoverniA2 Law. This Declaration shall be construed in accordance with the laws of the State of F rida and any proceedings arising in any manner pertaining or relating to this Declaration shaW, to the extent permitted by law, shall be held in Miami -Dade County, Florida. MIA 186767, SUBSTITUTED 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 5 of 10 8. Amendment and Modification. This Declaration may be modified, amended, or released as to any portion or all of the Property by a written instrument executed by the then Owner(s) of the fee -simple title to the land being affected by such modification, amendment or release, providing that the same has been approved by the City Commission after a public hearing which public hearing shall be applied for at the sole cost and expense of Owner. Upon approv of such modification amendment or release as specified herein, the Director of the City's Plann' g Department, or his/her successor or designee, shall execute a written instrument in recordable rm effectuating and acknowledging such modification, amendment or release. Such instrume shall be in a form acceptable to the City Attorney. 9. Counterparts/Electronic Signature. This Declaration may be ex ted in any number of counterparts, each of which so executed shall be deemed to be an on nal, and such counterparts shall together constitute but one and the same Declaration. Th arties shall be entitled to sign and transmit an electronic signature of this Declaration (whethe y facsimile, PDF or other email transmission), which signature shall be binding on the whose name is contained therein. Any party providing an electronic signature agrees to romptly execute and deliver to the other parties an original signed Declaration upon request. 10. No Vested Rights. Nothing in this Declaration I be construed to create any vested rights whatsoever to the Owner, its successors, or assigns. 11. Severability. Invalidation of any one of the covenants by judgment of Court shall not affect any of the other provisions of this Declaratio ,l which shall remain in full force and effect. 12. Recording. This Declaration shall be ed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Ow r, within ten (10) days of acceptance by the City. The Owner shall furnish a copy of there rded Declaration to the City Department of Hearing Boards within thirty (30) days of recor tion. SIGNANIRE PAGES TO FOLLOW MIA 186767431v3 SUBSTITUTED 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 6 of 10 IN WITNESS WHEREOF, the undersig/hass-7i hand and seal this day of 2021. Witnessed by: roperties, Inc., a for profit corporation Name: Name: STATE OF FLORIDA ) ss: COUNTY OF MI -DADE ) David Porter, Jr., President The fore ing instrument was acknowledged before me by means of [ ] physical presence or [ ] online arization this day of 2021 by David Porter, the of Stirrup Properties, Inc. He personally appeared before me and is personally own to me or produced as identification. 1867674310 SUBSTITUTED 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 8 of 10 IN WITNESS WHEREOF, the undersigned has set his hand and seal this da /of 2021. Witnessed by: Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknow or [ ] online notarization this day of of 3227 Grove, LLC. He personally appear b as identification. Name: 3227 Grove, LLC, A Florida limited liability Lo Peter Gardner i before me by means of [ ] physical presence , 2021 by Peter Gardner, me and is personally known to me or produced Notary Public, State of Florida Commission No. My commission expires: SUBSTITUTED 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 9 of 10 IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of 92021. Witnessed by: Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) Carol Henley, An individual Carol Henley The foregoing instrument was acknowledged bc z-c in by means of [ ] physical presence or [ ] online notarization this day of e . 2021 by Carol Henley. She personally appeared before me and is personally known to me o�rroduced as identification. NaTy Public, State of Florida Commission No. My commission expires: MIA 18K157<0 SUBSTITUTED 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida Declaration of Restrictive Covenants Page 10 of 10 APPRO Cesar G. :Director APPRO FORM, Victoria City AM MIA 1as7s; 0 W H 3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida D Declaration of Restrictive Covenants Page 11 of 10 Exhihit "A" Legal Description of Property D • STIRRUP PROPERTIES, INC'S PROPERTY LEGAL DESCRIP T I V) The West 53.75 feet of the East 196.25 feet of the South 118 feet, of Zock 29, FROW HOMESTEAD, according to the Plat thereof, recorded in Plat Book B, Pa 106, of the Public Records of Miami -Dade County, Florida, LOT 20 BLOCK 29 OF FROW HOMESTEAD AMENDED, ACCORDIND TO 'THE LAT THEREOF, RECORDED IN PLAT BOOK "B" A T PAGE 106 OF THE PUBLIC RECORDS OF MIAMI - DA COUNTY; FLORIDA. AND W 110FT OF E 250FT OF N 117 FT OF BLOCK 29, FROW HOMESTEAD, CCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK B, PAGE 106, OF THE PUBLIC RECORD F MIAMI DADE COUNTY, FLORIDA Folio Nos.: 01-4121-007-5207, 01-4121-007-4960 and (yf-4121-007-5200 • 3227 GROVE, LLC PROPERTY LEGAL,�DESCRIPTION Parcel 1: The West 40 feet of the Bast 92.6 f t of the South 118 feet, Block 29, of FRDW HOMESTEAD AMENDED, accardinif to the Plat thereof, as recorded in Plat Book "B", at Page 106, of the Pugric Records of Miami -Dade County, Florida. Parcel 2: The West 50 feet of the Kst 142.5 feet of the South 118 feet, Block 29, of PROW HOMESTEAD AMENDS ,according to the Plat thereof, as recorded in Plat Book "B", at Page 106' of tPublic Records of Miami -Dade County, Florida. Folio Nos.: 01-4121/07-'-5201 and 01-4121-007-5210 • C'ARO ENLE1' PROPERTI LEGAL DESCRIPTION THE WEST 10 .5 FT THE EAST 250FT OF S118FT OF BLK 29 LESS W53.75FT OF E196.23FT OF S118FT BLK 29,FROW H ESTEAD, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK B, PAGE 106, OF THE :PUBLIC R ORDS OFMIAMI-L)ADE COUNTY, FLORIDA. Por-t.i Z of Folio No.: 01-4121-007-5150 186767431v3