Loading...
HomeMy WebLinkAboutExhibit CReturn recorded copy to: Impact Fee Section Regulatory and Economic Resources Dept. Miami -Dade County 11805 SW 26th St. Miami, Florida 33175-2474 Instrument prepared by: Carli Koshal Bercow Radell Fernandez Larkin & Tapanes, PLLC 200 S. Biscayne Boulevard, Suite 300 Miami, FL 33131 Folio No. 01-0105-050-1120 DECLARATION OF RESTRICTIVE COVENANTS FOR DEFERRED MIAMI-DADE COUNTY ROAD IMPACT FEES This Declaration of Restrictive Covenants for Deferred Miami -Dade County Road Impact Fees (the "Declaration") made this day of , 2021, by BLOCK 55 RESIDENTIAL, LP, a Florida limited partnership (the "Owner"), having an address at 2901 Florida Avenue, Suite 806, Miami, Florida 33133, in favor of MIAMI-DADE COUNTY, a political subdivision of the State of Florida (the "County"). WHEREAS, Owner hereby covenants that Owner is lawfully seized of that certain real property located in Miami -Dade County, Florida, legally described in Exhibit "A", attached hereto and incorporated herein (the "Property"); WHEREAS, Owner intends to construct a mixed -use development that contains a commercial component on the Property (which commercial portion is referred to as the "Project"); WHEREAS, the Board of County Commissioners of Miami -Dade County has adopted the Miami -Dade County Road Impact Fee Ordinance, Chapter 33E of the Code of Miami -Dade County, Florida (the "Ordinance"); WHEREAS, the Miami -Dade County Department of Regulatory and Economic Resources (the "Department"), through its Director, is given the authority to administer and effectuate the Ordinance; for purposes of this Declaration, "Director" means the Director of the Department, or of such successor, division, or department having jurisdiction over such matters, or the Director's designee; WHEREAS, Section 33E-14(e) of the Ordinance requires road impact fees to be paid prior to issuance of the building permit (unless otherwise waived by operation of law or other ordinance); WHEREAS, subsection 33E-14(e)(1)(b) of the Ordinance allows for the deferral of up to seventy-five percent (75%) of such road impact fees (excluding administrative costs) until the earlier of the first temporary certificate of occupancy or certificate of occupancy for the development activity pursuant to the process set forth therein for properties within an Enterprise Zone (as defined in the Ordinance); WHEREAS, the Property is located within an Enterprise Zone; WHEREAS, the County, pursuant to the impact fee assessment for Process Number M2021002425 ("Impact Fee Assessment"), attached as Exhibit "B", has assessed Owner ($ ) in total road impact fees for the Project (the "Total Project Road Impact Fees"); WHEREAS, Owner is seeking and desires the deferral of ($ ) of the Total Project Road Impact Fees (the "Deferred Impact Fees") representing seventy- five percent (75%) of the Total Project Road Impact Fees otherwise applicable to the Project until such time as first temporary certificate of occupancy or permanent certificate of occupancy is issued; and WHEREAS, Owner has agreed to assure the Director that the Project will meet the requirements of Section 33E-14(e)(1)(b) of the County Code providing for a declaration of restrictive covenants running with the land and for a voluntary lien, as provided in that section. NOW THEREFORE, in consideration of the covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner hereby covenants and agrees as follows: Recitals. The recitals set forth above are true and correct and are incorporated into this Declaration. 2. Covenants Related to Section 33E-14(e)(1)(b), County Code and Voluntary Lien. The County hereby grants Owner a deferral of the Deferred Impact Fees until such time as the first temporary certificate of occupancy or permanent certificate of occupancy is issued for the Project. In consideration of such deferral, Owner hereby declares that the Property shall be held, maintained, transferred, sold, conveyed and owned subject to the following designations and restrictive covenants: a In connection with the deferral of the Deferred Impact Fees provided under Section 33E-14(e)(1)(b) and this Declaration, prior to the issuance of either a temporary or permanent certificate of occupancy by the City of Miami for the Project, Owner, its successors or assigns, shall pay the Deferred Impact Fees or such applicable remaining balance of the impact fee due for the Project. b. In connection with the deferral of the Deferred Impact Fees provided under Section 33E-14(e)(1)(b) and this Declaration, Owner acknowledges and agrees that in the event the development activity fails to produce at least 100 new full- time jobs when the final determination on the exemption set forth in Section 33E-14(d)(3) is made and fails to maintain an aggregate of 100 jobs for the 5- year period required under Section 33E-14, the County shall be entitled to recover an amount equivalent to interest on the deferred amount pursuant Section 33E-14 at the statutory rate set forth under Section 55.03, Florida Statutes. However, Owner intends on complying with the requirement of producing the required jobs contemplated under the provisions of Section 33E- 14(e)(1)(b) and is submitting this Declaration with the understanding that in the event the Enterprise Zone program is extended and upon satisfaction of the requirements under the County Code, Owner shall be entitled to a refund of the Total Project Road Impact Fees, including the Deferred Impact Fees pursuant to Sections 33E-13 and/or 33E-14 of the County Code. a Owner acknowledges that this Declaration shall constitute a voluntary lien on the commercial portions of the Project only, which specifically excludes the parking garage improvements, in the amount equal to the Deferred Impact Fees pursuant to Section 33E-14(e)(1)(b) of the County Code. 3. Termination, Amendment, Dissolution of Lien, and Release. a Termination of Declaration and Release of Lien. In the event the Project does not proceed, and the permit or development order is either revoked or expires, or upon satisfaction of the Total Project Road Impact Fees to the County, the Owner, its successors or assigns, upon written request to the Director, shall have the right to a termination of this Declaration and release of the voluntary lien. Such termination of this Declaration and release of lien shall be executed by the Director and recorded in the Official Records of Miami -Dade County, Florida. b. Release and Dissolution of Lien. Upon payment of the Deferred Impact Fees (unless otherwise waived by operation of law or ordinance) or such lower amount determined to be due based on any amendments to the Project, the Owner, its successors or assigns, upon written request to the Director, shall have the right to a Release and Dissolution entirely releasing this Declaration and dissolving the voluntary lien created pursuant to section 2.c. above. Such Release and Dissolution of Lien shall be executed by the Director and recorded in the Official Records of Miami -Dade County, Florida. a Amendment, Modification. The provisions of this instrument may be further amended, modified or released by a written instrument executed by the then -Owner of the portion of the Property subject to the request, with joinders by all mortgagees, if any, provided the same is also approved by the Director. 4. No Waiver. Nothing herein shall be deemed to waive the right of Owner to contest the amounts assessed for the Project if less development than provided for in the Impact Fee Assessment attached as Exhibit B is ultimately developed. Further, nothing herein shall be deemed to waive the right of Owner to seek a refund or exemption of the road impact fee under any other provision of the County Code, including but not limited to Section 33E-13. 5. Notice. Any notice required to be given herein or under the County Code shall be given by personal delivery or by certified U.S. mail at the address below or at such other addresses as may be specified in writing by the parties: COUNTY OWNER/LENDER Impact Fee Division Supervisor Block 55 Residential, LP Miami -Dade County 2901 Florida Avenue, Suite 806 11805 SW 26th Street Miami, Florida 33130 Miami, Florida 33182 Attention: Michael Swerdlow With a copy to: With a copy to: Office of the County Attorney Bercow Radell Fernandez 111 NW 1 st Street Larkin & Tapanes, PLLC Suite 2910 200 S. Biscayne Boulevard, Suite 300 Miami, Florida 33128 Miami, FL 33131 Attn: Carli Koshal, Esq. With a copy to: Grady Hunt PLLC 2525 Ponce de Leon Boulevard, Suite 300 Coral Gables, FL 33134 Attn: Lauren Hunt, Esq. 6. Owner. The term "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to the Property as hereinabove provided. However, for purposes of this Declaration, with respect to any portion of the Property that has been submitted to the condominium form of ownership or another collective ownership structure (a "Submitted Portion"), the condominium association, property owners' association or other entity governing such Submitted Portion shall be deemed to be the Owner of such Submitted Portion, even though it may not actually own any portion of such Submitted Portion. 7. Estoppel. This Declaration is being recorded with the understanding that within 5 business days after written request of Owner or the holder of a mortgage, the County shall provide an estoppel certificate with respect to the Owner's compliance with the terms hereof, including amounts and payments of any impact fees. 8. Construction. The section headings that appear in this Declaration are for purposes of convenience of reference only and are not to be construed as modifying, explaining, restricting or affecting the substance of the sections in which they appear. In construing this Declaration, the singular shall be held to include the plural, the plural shall be held to include the singular, and reference to any particular gender shall be held to include every other and all genders. 9. Governing Law. This Covenant shall be governed by, and shall be construed and enforced in accordance with, the laws of the State of Florida. [Execution Pages Follow] Signed, witnessed, executed and acknowledged this day of , 2021. BLOCK 55 RESIDENTIAL, LP, a Florida limited partnership Witnesses By: Print Name: By: Print Name STATE OF _ COUNTY OF )SS By: Pacific Southwest Community Development Corporation, a California nonprofit public benefit corporation, its general partner M Name: Title: The foregoing instrument was acknowledged before me, by means of ( ) physical presence or online notarization, this day of 2021 by of Pacific Southwest Community Development Corporation, a California nonprofit public benefit corporation, as the general partner of Block 55 Residential, LP, a Florida limited partnership, on behalf of said entities, who is () personally known to me or ) produced a valid driver's license as identification. Notary Public: Sign Name: Print Name: My Commission Expires [NOTARIAL SEAL] EXHIBIT "A" Legal Description Lots 1 through 20, inclusive, of Block 55 North, Map of Miami, Dade Co. Fla, according to the plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida; less and except the East 7.5 feet of Lot 20; and further less and except that portion of Lot 10 taken by the State Of Florida Department Of Transportation by Order Of Taking recorded in Official Records Book 5349, Page 129, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Begin on the West line of said Lot 10 at a point 14.51 feet South 02016'16" East from the Northwest corner thereof, said point being the beginning of a curve concave Southeasterly having a radius of 14.5 feet, thence from a tangent bearing of North 02016'16" West run Northwesterly, Northerly and Northeasterly 22.79 feet along said curve through a central angle of 90002'57" to the North line of said Lot 10, thence Westerly 14.51 feet along said North line to the Northwest corner of said Lot 10, thence South 02016'16" East 14.51 feet along the West line of said Lot 10 to the Point Of Beginning. LESS AND EXCEPT: A RIGHT-OF-WAY DEDICATION PARCEL BEING A PORTION OF LOT 1 AND LOTS 10 THROUGH 20, OF BLOCK 55 NORTH, MAP OF MIAMI, DADE CO. FLA., ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS AND EXCEPT THE EAST 7.50 FEET OF SAID LOT 20; AND FURTHER LESS AND EXCEPT THAT PORTION OF SAID LOT 10 TAKEN BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5349, PAGE 129, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN ON THE WEST LINE OF SAID LOT 10 AT A POINT 14.51 FEET SOUTH 02016,161, EAST FROM THE NORTHWEST CORNER THEREOF, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 14.5 FEET, THENCE FROM A TANGENT BEARING OF NORTH 02016'16" WEST RUN NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 22.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90002'57" TO THE NORTH LINE OF SAID LOT 10, THENCE WESTERLY 14.51 FEET ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF SAID LOT 10, THENCE SOUTH 02016'16" EAST 14.51 FEET ALONG THE WEST LINE OF SAID LOT 10 TO THE POINT OF BEGINNING. SAID RIGHT-OF-WAY DEDICATION PARCEL LYING IN SAID BLOCK 55 NORTH AND BEING DESCRIBED AS FOLLOWS: THE EAST 12.50 FEET OF SAID LOT 1. AND THE WEST 10.00 FEET OF SAID LOT 10. AND THE WEST 10.00 FEET AND THE SOUTH 10.00 FEET OF SAID LOT 11 AND THE EXTERNAL AREA OF A CIRCULAR CURVE, LYING WITHIN SAID LOT 11, SAID CIRCULAR CURVE FORMED BY A 25.00 FOOT RADIUS, CONCAVE TO THE NORTHEAST, AND TANGENT TO A LINE 10.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOT 11 AND TANGENT TO A LINE 10.00 FEET NORTH AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 11. _►l THE SOUTH 10.00 FEET OF SAID LOTS 12 THROUGH 19, INCLUSIVE. AND THE SOUTH 10.00 FEET AND THE WEST 5.00 FEET OF THE EAST 12.50 FEET OF SAID LOT 20 AND THE EXTERNAL AREA OF A CIRCULAR CURVE, LYING WITHIN SAID LOT 20, SAID CIRCULAR CURVE FORMED BY A 25.00 FOOT RADIUS, CONCAVE TO THE NORTHWEST, AND TANGENT TO A LINE 12.50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 10 AND TANGENT TO A LINE 10.00 FEET NORTH AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 20. THE ABOVE DESCRIBED RIGHT-OF-WAY PARCEL SITUATED IN THE CITY OF MIAMI, MIAMI- DADE COUNTY, FLORIDA AND LAND CONTAINING 10,640 SQUARE FEET MORE OR LESS 4841-9875-5582, v. 5 JOINDER BY MORTGAGEE The undersigned CITY OF MIAMI, a municipal corporation of the State of Florida ("Mortgagee"), and mortgagee under that certain Miami Forever Bond Mortgage and Security Agreement for Sawyer's Walk from Block 55 Residential, LP, a Florida limited partnership, dated August 12, 2021, recorded August 25, 2021, in Book 32702, Page 915, of the public records of Miami -Dade County, Florida covering all of the property described in the foregoing Declaration of Restrictive Covenants for Deferred Miami -Dade County Road Impact Fees, does hereby acknowledge that the terms of the foregoing Declaration are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this day of 12021. ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida By: Todd Hannon, City Clerk By: Date: APPROVED AS TO FORM AND CORRECTNESS: L6.2 Victoria Mendez, City Attorney STATE OF FLORIDA SS: COUNTY OF MIAMI- DADE Arthur Noriega V, City Manager The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ by online notarization, this day of 2021, by Arthur Noriega V, as City Manager of the City of Miami, a municipal corporation of the State of Florida, on behalf of said municipal corporation. He is personally known to me or has produced as identification. Notary Public Printed Name of Notary Public My Commission expires: 4839-9874-8158, v. 1 City of Miami Page 26 of 26 File ID: (Revision:) Printed On: