HomeMy WebLinkAboutProposed Covenant - Staff Review Completed - ePlan Submission 8-12-2021This instrument prepared by
and when recorded returned to:
Wesley J. Hevia, Esq.
Akerman LLP
Three Brickell City Centre
98 Southeast 7th Street
Miami, FL 33131
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made this
day of , 2021, by LBRW, LLC, a Delaware limited liability company (hereinafter, the
"Developer") and 7421 NW Miami Place, LLC, a Florida limited liability company, 7401 NWM Place,
LLC, a Florida limited liability company, 7406 NW Miami Court, LLC, a Florida limited liability
company, Little River Assemblage, LLC, a Florida limited liability company, 50 NW 73 ST, LLC, a
Florida limited liability company, and 7320 NWMCT, LLC, a Florida limited liability company,
(collectively, the "Owners") in favor of the City of Miami, Florida, a municipality located within the State
of Florida (the "City").
WITNESSETH:
WHEREAS, Owners hold fee simple interest in those certain properties located at 7421 NW Miami
Place, 7401 NW Miami PL, 7406 NW Miami CT, 7395 NW Miami PL, 7400 NW Miami CT, 7338 NW
Miami CT, 7301 NW Miami PL, 7328 NW Miami CT, 7324 NW Miami CT, 7320 NW Miami CT, 60 NW
73 ST, 70 NW 73 ST, in Miami, Florida, as more particularly described in Exhibit "A" (collectively, the
"Subject Properties"); and
WHEREAS, the Subject Properties are currently designated as either General Commercial or
Medium Density Multifamily Residential on the City's Future Land Use Map, and are currently classified
as either DI (Work Place) T5-R (Urban Center Transect Zone — Restricted) on the City's Zoning Atlas, and
such that the development standards applicable under the City's Zoning Code, Ordinance No. 13114, as
amended ("Miami 21 Code") create challenges for future redevelopment of the Subject Properties; and
WHEREAS, on February 20, 2020, Developer, through its attorneys and with consent of Owners,
filed applications with the City's Planning and Zoning Department related to proposed amendments to the
future land use and zoning classifications of the Subject Properties, including an application to amend the
City's Zoning Atlas for the Subject Properties from a combination of D-1 and T5-R to T6-8-0 (the
"Application"); and
WHEREAS, on April 21, 2021, the Planning, Zoning and Appeals Board under Resolution PZAB-
R-21-020 voted 6 in favor and 4 against recommending approval of the Application; and
WHEREAS, on June 24, 2021, the City Commission on first reading of the ordinance, reviewed
the Application, and unanimously voted affirmatively to approve the Application; and
WHEREAS, on September _, 2021, on second reading, the City Commission approved the
Application for amendment to the City's Zoning Atlas, as being Consistent with the criteria contained in
Article 7.1.2.8 of the Miami 21 Code, adopted as Ordinance No. attached hereto and made a part
hereof as Exhibit "B"; and
58039466;5
WHEREAS, Owners desire to ensure that any future use and/or development of the Subject
Properties is compatible with both the current and future conditions of the surrounding neighborhood,
including maintaining consistency in the scale of future development.
NOW THEREFORE, Owners, in order to assure the City that the representations made to the City will be
abided by the Developer, Owners, their successors or assigns, freely, voluntarily and without duress makes
the following covenants covering and running with the Subject Properties:
1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference.
2. Covenant Against the Subject Properties. Owners hereby declare that any future building
improvements constructed on the Subject Properties shall be restricted to the maximum Height currently
permitted under the D1 transect zone, which is eight (8) Stories by Right and two (2) Stories of bonus
Height for a total maximum Height of ten (10) Stories ("Restricted Height"). Owner further declares that
should it wish to access the aforementioned two (2) Stories of bonus Height utilizing the City's Public
Benefits Program as described in Section 3.14 of Miami 21, it will do so by providing a Trust fund
contribution as described in Section 3.14.4.a.3 of Miami 21. Should the City adopt legislation in the future
that restricts Owner's ability to access the aforementioned two (2) Stories of bonus Height by providing a
Trust fund contribution as described in Section 3.14.4.a.3 of Miami 21, Owner may access the
aforementioned two (2) Stories of bonus Height through other mechanisms available under City's Public
Benefits Program as described in Section 3.14 of Miami 21.
3. Effective Date. This Declaration shall constitute a covenant running with the title to the Subject
Properties and be binding upon each of the Owners, their successors, heirs, and assigns upon recordation
in the Public Records of Miami -Dade County, Florida ("Effective Date"). These restrictions shall be for the
benefit of, and a limitation upon, all present and future owners of the Subject Properties and for the public
welfare.
4. Term of Covenant. This Declaration on the part of the Owners shall remain in full force and
effect and shall be binding upon the Owners of the Subject Properties, their 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 successive periods of ten (10) years, unless modified, amended or
released prior to the expiration thereof.
5. 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 to enter upon the Subject Properties
forthe purpose of investigating the use ofthe Subject Properties, and for determining whetherthe 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.
6. Amendment, Modification, and Release. This instrument may be modified, amended, or released
for any reason as to any portion of the Subject Properties by a written instrument executed by the owners
of the fee -simple title to the Subject Properties to be effected by such amendment, modification, or release
and the City with the approval by the City Commission at a public hearing, which public hearing shall be
applied for by, and be at the expense of the owners. The purpose of this Declaration shall no longer exist
and the City shall, upon written request by Owners, release this Declaration should the following events
58039466;5
occur: (i) the Subject Properties are included within a Transit Oriented Development (TOD) area; (ii) the
Miami 21 Code or Zoning Atlas is amended to permit the Subject Properties to exceed the current Maximum
Height permitted under the T6-8 transect zone, which is eight (8) stories by Right and four (4) stories of
bonus Height for a total maximum Height of twelve (12) Stories; or (iii) the Miami 21 Code or Zoning
Atlas is amended to permit one (1) or more properties not part of the Application but Abutting the Subject
Properties to exceed the Restricted Height,
7. Severability. Invalidation of anyone 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.
8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade
County, Florida, by the Owners and at the cost of the Owners, within fifteen (15) days of acceptance by the
City. The Owners shall submit a certified recorded copy of the Declaration to the Zoning Administrator at
444 SW 2nd Avenue, 4th Floor, Miami, Florida, 33130-1910 within thirty (30) days of recordation.
[ Signature Pages Follow ]
58039466;5
IN WITNESS WHEREOF, the Developer/Owners have set its hand and seal effective of the date
first above written.
LBRW, LLC
By:
Name: Ashely Abess
Title: Sole Manager
By:
Name: Matthew V
Title: Manager
WITNESSES:
Print Name:
Print Name:
STATE OF )
COUNTY OF l
The foregoing instrument was executed, acknowledged and delivered before me this day of
, 20_, by , as of _
on behalf of the company. He/She is personally known to me or has produced as identification
(Official Seal)
Name:
Notary Public, State of _
My Commission Number:
My Commission Expires:
58039466;5
SOLE MEMBER OF 7421 NW MIAMI PLACE, LLC:
BRIDGE RIVER CAPITAL, LLC
By: Bridge River Manager, LLC, its Manager
Name: Leonard Abess
Title: Sole Member and Authorized Representative
MANAGERS:
Matthew Vander Werff
BRIDGE RIVER CAPITAL, LLC
By: Bridge River Manager, LLC, its Manager
Name: Leonard Abess
Title: Sole Member and Authorized Representative
WITNESSES:
Print Name:
Print Name:
STATE OF )
COUNTY OF 1
The foregoing instrument was executed, acknowledged and delivered before me this day of
, 20, by , as of _
on behalf of the company. He/She is personally known to me or has produced as identification
(Official Seal)
Name:
Notary Public, State of _
My Commission Number:
My Commission Expires:
58039466;5
COMPANY:
50 NW 73 STREET, LLC
By: LBRW, LLC, its sole Member and Manager
By: _
Name
Title:
WITNESSES:
Print Name:
Print Name:
STATE OF
COUNTY OF
: Ashley Abess
Sole Member and Authorized Representative
The foregoing instrument was executed, acknowledged and delivered before me this day of
, 20, by , as of _
on behalf of the company. He/She is personally known to me or has produced as identification
(Official Seal)
Name:
Notary Public, State of _
My Commission Number:
My Commission Expires:
58039466;5
COMPANY:
7401 NWM PLACE, LLC
By: LBRW, LLC, its sole Member and Manager
By:
Name: Ashley Abess
Title: Sole Member and Authorized Representative
WITNESSES:
Print Name:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was executed, acknowledged and delivered before me this day of
, 20, by , as of _
on behalf of the company. He/She is personally known to me or has produced as identification
(Official Seal)
Name:
Notary Public, State of _
My Commission Number:
My Commission Expires:
58039466;5
COMPANY:
7320 NWMCT, LLC
By: LBRW, LLC, its sole Member and Manager
By:
Name: Ashley Abess
Title: Sole Member and Authorized Representative
WITNESSES:
Print Name:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was executed, acknowledged and delivered before me this day of
, 20_, by , as of _
on behalf of the company. He/She is personally known to me or has produced as identification
(Official Seal)
Name:
Notary Public, State of _
My Commission Number:
My Commission Expires:
58039466;5
COMPANY:
LITTLE RIVER ASSEMBLAGE, LLC
By: LBRW, LLC, its sole Member and Manager
By:
Name: Ashley Abess
Title: Sole Member and Authorized Representative
WITNESSES:
Print Name:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was executed, acknowledged and delivered before me this day of
, 20, by , as of _
on behalf of the company. He/She is personally known to me or has produced as identification
(Official Seal)
Name:
Notary Public, State of _
My Commission Number:
My Commission Expires:
58039466;5
COMPANY:
7406 NW MIAMI COURT, LLC
By: LBRW, LLC, its sole Member and Manager
By:
Name: Ashley Abess
Title: Sole Member and Authorized Representative
WITNESSES:
Print Name:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was executed, acknowledged and delivered before me this day of
, 20, by , as of _
on behalf of the company. He/She is personally known to me or has produced as identification
(Official Seal)
Name:
Notary Public, State of _
My Commission Number:
My Commission Expires:
58039466;5
APPROVED AS TO LEGAL FORM APPROVED
AND CORRECTNESS:
OFFICE OF THE CITY ATTORNEY PLANNING DEPARTMENT
Lo
Printed:
58039466;5
Exhibit "A"
Legal Description
[See Attached]
58039466;5
Exhibit "B"
Ordinance No.
[See Attached]
58039466;5
ProjeotDoxc
Checklist Comments Report
Project Name: PZ-20-5998
Workflow Started: 07/30/2021 5:09 PM
Report Generated: 09/08/2021 11:45 AM
Grouping
Cycle
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Permit Type
Group Name
Comment Type
Category Type
Reviewer Comment
Applicant Response
Status
Updated By
Last Updated
Completed?
Date Completed
Review of the "draft" Declaration
of Restrictive Covenants
prepared by Wesely J. Hevia
Esq, Staff recommends that
under the Heading "NOW
THEREFORE", it should be
broken into two sections
because they are separate
declarative statements: 2.)
Covenant Against the Subject
Properties. Owners hereby
declare that any future building
improvements constructed on
the Subject Properties shall be
restricted to the maximum
Height currently permitted under
the D1 transact zone, which is
eight (8) Stories by Right and
two (2) Stories of bonus Height
for a total maximum Height of
ten (10) Stories ("Restricted
Land
Height"). 3.) Owner further
Main Workflow
1
1
Site Development
Development
Design &Review
Department Review
declares that should it wish to access the aforementioned two
Information
Darren Murphy
09/O8/2021 11:04 AM
True
09/08/2021 11:04 AM
Review Group
(2) Stories of bonus Height
utilizing the City's Public
Benefits Program as described
in Section 3.14 of Miami 21, it
will do so by providing a Trust
fund contribution as described
in Section 3.14.4.a.3 of Miami
21. Should the City adopt
legislation in the future that
restricts Owner's ability to
access the aforementioned two
(2) Stories of bonus Height by
ProjeotDox ,
Checklist Comments Report
providing a Trust fund
contribution as described in
Section 3.14.4.a.3 of Miami 21,
Owner may access the
aforementioned two (2) Stories
of bonus Height through other
mechanisms available under
City's Public Benefits Program
as described in Section 3.14 of
Miami 21.
Review of the "draft" Declaration
of Restrictive Covenants
prepared by Wesely J. Hevia
Esq, Staff recommends that
under Section 6 the
strikethrough of the following
language: The purpose of this
Declaration shall no longer
exist, and the City shall, upon
written request by Owners,
release this Declaration should
the following events occur: (i)the
Subject Properties are included
within a Transit Oriented
Development (TOD) area; (ii)the
Land
Miami 21 Code or Zoning Atlas
09/OB/20202 1 11:04
2
Site Development
Development
Design & Review
Department Review
is amended to permit the
Information
Darren Murphy
09/08/2021 11:04 AM
True
AM
Review Group
Subject Properties to exceed
the current Maximum Height
permitted under the T6-8
transact zone, which is eight (8)
stories by Right and four (4)
stories of bonus Height for a
total maximum Height of twelve
(12) Stories; or (iii)the Miami 21
Code or Zoning Atlas is
amended to permit one (1) or
more properties not part of the
Application but Abutting the
Subject Properties to exceed
the Restricted Height. Staff is
not comfortable with these
conditional statements.
Prolie
Department Review Status Report
Project Name: PZ-20-5998
Workflow Started: 07/30/2021 5:09 PM
Report Generated: 09/08/2021 11:48 AM
Cycle
Department
Reviewer
Email
Status
Reviewer Comments
Applicant Comments
Land Development
Supervisor
Jacqueline Ellis
jellis@miamigov.com
Zoning Administrator
Daniel Goldberg
dagoldberg@miamigov.com
Staff Review Complete
Comment provided. No objection to terms of covenant,
CAO-Legal Assistants
Kenya Jones
KJones@miamigov.com
Staff Review Complete
My mark up will not save, so I will list my comments
below: 1. On first page top left, under who prepared the
document, please include all applicable folios and their
corresponding addresses 2. In last whereas clause on
first page the word Consistent is capitalized, it does not
City Attorney Office
Jihan Soliman
Jsoliman@miamigov.com
Staff Review Complete
need to be capitalized. 3. The Covenant Running with
Subject Properties should be revised to state:
"Covenant Running with the Land of the Subject
Properties" 4. Updated title of opinion must be provided,
corporate resolutions of all entities must be provided
authorized the individual signing on behalf of those
entities
Corrections required. Staff reviewed the "draft"
Declaration of Restrictive Covenants" document and
had recommendations to the following sections: Section
"NOW THEREFORE" Staff has determined that these
are two separate points/declarative statements that
should be separated into Sections 2 and 3: 2.)
"Covenant Against the Subject Properties". Owners
hereby declare that any future building improvements
constructed on the Subject Properties shall be restricted
to the maximum Height currently permitted under the
D1 transect zone, which is eight (8) Stories by Right
and two (2) Stories of bonus Height for a total maximum
Height of ten (10) Stories ("Restricted Height"). 3.)
"Covenant Against the Subject Properties - optional
Trust Fund Contribution (Public Benefit Program)"
Owner further declares that should it wish to access the
aforementioned two (2) Stories of bonus Height utilizing
t
the City's Public Benefits Program as described in
Proiect
Department Review Status Report
Darren Murphy
dmurphy@miamigov.com
Staff Review Complete
Section 3.14 of Miami 21, it will do so by providing a
Trust fund contribution as described in Section
3.14.4.a.3 of Miami 21. Should the City adopt legislation
in the future that restricts Owner's ability to access the
aforementioned two (2) Stories of bonus Height by
providing a Trust fund contribution as described in
Section 3.14.4.a.3 of Miami 21, Owner may access the
aforementioned two (2) Stories of bonus Height through
3ther mechanisms available under City's Public Benefits
Program as described in Section 3.14 of Miami 21
Section 6 "Amendment, Modification, and Release"
(Section 6). "This instrument may be modified,
amended, or released for any reason as to any portion
of the Subject Properties by a written instrument
executed by the owners of the fee -simple title to the
Subject Properties to be effected by such amendment,
modification, or release and the City with the approval
by the City Commission at a public hearing, which
public hearing shall be applied for by, and be at the
expense of the owners. " However, the Planning
Department is not comfortable with these three
conditions as part of Section 6: 'The purpose of this
Declaration shall no longer exist and the City shall,
upon written request by Owners, release this
Declaration should the following events occur: (i) the
Subject Properties are included within a Transit
Oriented Development (TOD) area; (ii) the Miami 21
Code or Zoning Atlas is amended to permit the Subject
Properties to exceed the current Maximum Height
permitted under the T6-8 transact zone, which is eight
(8) stories by Right and four (4) stories of bonus Height
for a total maximum Height of twelve (12) Stories; or (iii)
the Miami 21 Code or Zoning Atlas is amended to
permit one (1) or more properties not part of the
Application but Abutting the Subject Properties to
exceed the Restricted Height".