HomeMy WebLinkAboutExhibit B Voluntary Covenant (Obsolete)Prepared by and return to:
Greenberg Traurig
333 Avenue of the Americas
44th Floor
Miami, FL 33131
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 186767431v3
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. Densily. 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.
c. 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 186767431v3
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.
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. 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.
MIA 186767431v3
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.
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.
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.
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 parry 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.
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
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 parry 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
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 186767431v3
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 day of
)2021.
Witnessed by: Stirrup Properties, Inc.,
A Florida for profit corporation
Name:
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
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 186767431v3
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 day of
72021.
Witnessed by: 3227 Grove, LLC,
A Florida limited liability company
Un
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 52021 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 186767431v3
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 )
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 186767431v3
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
MIA 186767431v3
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 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 Book 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
ISSUE DATE
borge�/,-.-,n cis
REIKAL00 BORGES, ARCHITECT
0-
-T—
CHARLES AVENUE
GROVE VILLAGE
322]-3247 CHARLESA E
MIAMI, FL 33133
FOLIO#00-00060060000
172202
COVER
AS SHOWN G-000
BOUNDARY SURVEY
GRAPNIC SCALE
.I k WILLIAM AVENUE
$v
$6
L
..a
8
mo-,:yaiirm
A— o.�o
0
O
M��
NOT A PART
NT LO
uou,.a uaraa
VAC LOT
VACANT
Iwo
4`r4r Q O
I f— yy 0 e
Fj
VACANT LOi% VACANT LOT VACANT LOa
o'�iro.• %:'1 €rya �o.,..w,� o„m;1'SI a
� I
T � I
✓� 1FNARLES � ° AVENUE
ISSUE DATE
borge�-.-,n cis
,..", ..". +assonates
REIKAL00 BORGES, ARCHITECT
0-
-T—
CHARLES AVENUE
GROVE VILLAGE
322]-3247 CHARLES AVE
Ml-,FL3 -
FOLIO#00-00060060000
172202
SURVEY
AS SHOWN G-003
I
- _ - _ +mac' . 3 .�Z pe- r''itr _ i•-�c^
r
gig
�i -;
WINTWIS
F''
WO -
lop
v . f,
11
MA 7-
o
ISSUE DATE
borge�/,-.-,n cis
REIKAL00 BORGES, ARCHITECT
0-
-T—
CHARLES AVENUE
GROVE VILLAGE
322]-3247 CHARLESA E
MIAMI, FL 33133
FOLIO#00-00060060000
172202
CONTEXT
SITE DIAGRAM
INLI
AS SHOWN G-008
SITE CONTEXT - NEIGHBORHOOD ELEVATION
BUILDING HEIGHTS 25'-0" 25'-0" 34'-0" 34'.0" +27'-0" +65'-0" +44'-0" +37'-0" +52'-0" +84,-0"
---------------------------------------------------------------
('HEIGHTS MEASURED TO
TOP OF ROOF SLAB)
It
f t.' ' " }mmtrrim. „<F m� "� • ® 9 ® 41 B. F A' f �:�, - ®®
T3R-Single-family I T4-Re-zone I Charles Avenue I Main Highway
rE ►
CI - Coconut Grove Playhouse T5 - New Office Building
`CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECT'S 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.
borgeaassociatestchhacis
+
aEI—DO BORGES.. A—TECr
0
CHARLES AVENUE
GROVE VILLAGE
322]-3247 CHARLESA E
Ml-,FL3 -
FOLIO#00-00060060000
172202
CONTEXT
SITE ELEVATION
AS SHOWN G-009
LA
borge�-.-,n-cis
+associates
REIKAL00 BORGES, ARCHITECT
0-
-T—
CHARLES AVENUE
GROVE VILLAGE
322]-3247 CHARLESA E
Ml-,FL3 -
FOLIO#00-00060060000
172202
INSPIRATIONAL
IMAGES
AssHOWN G-010
...
IN 1 19
I^
-
��
Fill
- ' ► n,
�11 n r n,
'CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECT'S 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.
01 FACADE RENDERING @ CHARLES AVE
ISSUE DATE
borge/z,sonates-acts
+a
REI-DO BORCES ARCHITECT
0—
CHARLES AVENUE
GROVE VILLAGE
322]-3247 CHARLES AVE
MIAMI, FL 33133
FOLIO#00-00060060000
172202
RENDERINGS
AS SHOWN G-01 2
a
'I
i
O
W Qs WIN �t u
I
_IS
n IIIIBNwllflf
`�
1
1100,
,
s r
i
ii I
11H ]
"CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECT'S 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.
01 FACADE RENDERING @ CHARLES AVE
ISSUE DATE
borge�/,-.-,n is
REI-DO BORGES. ARCHITECT
0-
CHARLES AVENUE
GROVE VILLAGE
322]-3247 CHARLES AVE
MIAMI, FL 33133
FOLIO#00-00060060000
172202
RENDERINGS
AS SHOWN G-01 3
ISSUE DATE
borge�/,-.-,n cis
REIKAL00 BORGES, ARCHITECT
0-
-T—
CHARLES AVENUE
GROVE VILLAGE
322]-3247 CHARLESA E
MIAMI, FL 33133
FOLIO#00-00060060000
172202
RENDERINGS
AS SHOWN G-01 4
ISSUE DATE
borge�/,-.-,n cis
REIKAL00 BORGES, ARCHITECT
0-
-T—
CHARLES AVENUE
GROVE VILLAGE
322]-3247 CHARLESA E
MIAMI, FL 33133
FOLIO#00-00060060000
172202
RENDERINGS
AS SHOWN G-015