HomeMy WebLinkAboutExhibit BExhibit B
Return recorded copy to:
City of Miami
Office of Zoning
444 S.W. 2nd Avenue, 2nd Floor
Miami, FL 33130-1910
Document prepared by:
City Attorney's Office
City of Miami
444 S.W. 2nd Avenue, 9th Floor
Miami, FL 33130-1910
DECLARATION OF RESTRICTIVE COVENANTS
NOTICE
This submittal neetls b be sche&W d br a pubic hearing
In accorbana whh tirnell11 set forth in the City of
Miami Cm. The appli-d' beci.1n —Ning bMywill
reNewihe Inbnnetion M the public hearing to render e
recomme d—, ora final tlecision.
PZ-19-4415
11/05/20
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"),
made this day of , 2020, by 2170 SBH, LLC, a Florida limited liability
company having offices at 1901 Ponce de Leon Boulevard, Coral Gables, FL 33134 and 45
SBH, LLC, a Florida limited liability company having offices at 1901 Ponce de Leon
Boulevard, Coral Gables, FL 33134 (hereinafter referred to collectively as the "Owner"), in
favor of the City of Miami, Florida, a municipality of the State of Florida (the "City").
WITNESSETH:
WHEREAS, Owner holds fee -simple title to certain property in the City of Miami,
Florida, located at 2170 NW Flagler Terrace and 45 NW 22 Avenue in Miami, Florida, which
are identified by Miami -Dade Tax Folio Nos. 01-4103-013-0610 and 01-4103-013-0620, and
legally described as follows:
NOTICE
Lots 10. 11 and 12, less
the West 20 feet thereof, in Block d,
n,la sabminal neeas m � eheaelee ma paben haabny
'°EV City&
HEIGHTB , according to the
plat thereof, as
recorded in Plat Back
Mlami Coae. The appli-d tlecislon —ki,g bMywlll
ewthe Imm�netion at the public hewing, n:ntlee
1, 0 feN ommenaasono�ennaleeeiaon.
�PZ-19-4415
56—S, of the Public Records
of Miami —Dade
County Florida.
AND
11 /05/20
Lets 8 and 9, Block 4, 'EVANSTON HEIGHTS",
according to the plat
thereof, as
recorded in Play Book 1, at
Page 56—S, of
the Public Records of
Miami —Dade
County Ro ido.
hereinafter referred to as the "Property."
WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No.
for the Property; and
WHEREAS, the Owner is desirous of making a voluntary binding commitment to
assure and affirm that the Property shall be developed in accordance with the provisions of the
Declaration herein.
NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy
of which are hereby acknowledged, voluntarily covenants and agrees that the Property shall be
subject to the following restrictions that are intended and shall be deemed to be a covenant
running with the land and binding upon the Owner of the Property, and its heirs, grantees,
successors, and assigns as follows:
1. Recitals. The recitals and findings set forth in the preamble of this Declaration
are hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
2. Use/Restriction or Contribution. The Owner shall provide a total of 10 (ten)
percent of the housing units as a part of any multifamily residential rental or condominium
development on the Property shall be owner occupied and/or rental housing with a purchase
cost, value, or monthly rental, as applicable, equal to or less than the amounts established by
the applicable standards for those individuals whose income is at or below eighty percent
(80%) of Area Median Income based on Area Median Income as published by the United
States Department of Housing and Urban Development and certified by the Department of
2
NOTICE
Community and Economic Development. This condition applies only to rniceohm ""eedsk desche°°�°ror'°°bCheeling
In,bintenred, ti melinessetforth in the City of
Miami C.f The applir Utt de ision_ k,,gbodywll
reNewthe Inbnnatinn at the public hearing to rentler e
reeommentlation or a final tlecitlon.
Multi -family Housing development. Pz-19-4415
Prior to converting any of the Affordable or Workforce Housing Units fro 11/05/20
to homeownership units, the Owner, or its successors or assigns, must request and r
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written authorization from the City Manager. In the event that the conversion is authorized,
the City and Owner shall coordinate to record covenants on individual units ("Individual
Covenants") in a manner that creates the same amount of Affordable or Workforce
homeownership units specified in this Declaration. Each Individual Covenant must (i) specify
the applicable AMI for any purchaser during the term of the Individual Covenant and (ii)
expire on the same date as the Covenant for Affordable or Workforce Housing; and
In the event that any of the Affordable or Workforce Housing Units are sold, the
specific Unit(s) must be sold with a purchase cost equal to or less than the standards for those
individuals whose income is at or below the AMI as established herein. Each Affordable or
Workforce Housing Unit sold shall include a deed restriction that the Unit shall only be sold
with a purchase cost equal to or less than the standards for those individuals whose income is
at or below the applicable AMI as established herein and shall further indicate that the Unit
shall only be rented to individuals whose income is at or below the AMI as established
herein. The deed restriction must specify the specific applicable AMI.
The Units required pursuant to this section shall not count towards satisfying a Public
Benefit standard to achieve a bonus in height or bonus in floor area that may be requested at
the time of redevelopment under the City of Miami's Miami 21 Zoning Code.
3. Effective Date. This Declaration shall constitute a covenant running with the
title to the Property and be binding upon Owner, its successors and assigns upon recordation
in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the
benefit of, and a limitation upon, all present and future owners of the Property and for the
public welfare.
4. Term of Declaration. This voluntary Declaration on the part of the Owner shall
remain in full force and effect and shall be binding upon the Owner, its successors in interest
and assigns for an initial period of thirty (30) years from the date this Declaration is recorded
in the public records, and shall be automatically extended for periods of ten (10) years, unless
modified, amended or released prior to the expiration thereof.
3
1 H lvF
NOTICE
5. Inspection. It is understood and agreed that any official inspecto Th"'°hmroalpee °`be°e�enh the`°°eking
In .=d anre with tlmellnee set forth in the City of
Mlami CWe. The xppli.de decision--k ng hotly wll
renewthe intorrnation at the pubec he",g to rends, a
rxommentlation or a final tlecitlon.
may have the right at any time during normal working hours of the City's inspect Pz-19-4415
11/05/20
upon the Property for the purpose of investigating the use of the Property, and for determ •
whether the conditions of this Declaration and the requirements of the City's building and
zoning regulations are being complied with.
6. Enforcement. An action to enforce the terms and conditions of this Declaration
may be brought by the City and may be by action at law or in equity against any party or person
violating or attempting to violate any covenants of this Declaration or provisions of the
building and zoning regulations to restrain violations, to recover damages, or for any other
remedy available. In addition, any violation or noncompliance of this Declaration shall be
immediately referred to the Code Compliance Department for enforcement proceedings, lien
placement, and citations pursuant to Chapter 2, Article X of the City Code, Chapter 62 of the
City Code, as both may be amended, and this Declaration. Any violation or noncompliance
of this Declaration shall be referred to the City Attorney's Office for enforcement, including
but not limited to injunctive relief and/or any other remedies in law or equity. This
enforcement provision shall be in addition to any other remedies available under the law. The
use of one remedy shall not preclude the use of another.
7. Non -Compliance. Any violation or noncompliance of this Declaration
regarding the affordable housing component shall result in a monetary penalty to be deposited
into the Affordable Housing Trust Fund. Such monetary penalty shall be assessed as a daily
fine of two hundred fifty dollars ($250.00) per day per violation until proof of compliance has
been provided to the City. The monetary penalty shall not be subject to mitigation or otherwise
modified by any body or board including, but not limited, to the Code Enforcement Board.
M
NOTICE
8. Amendment, Modification, and Release. This Declaration m rniceobm�"peedso�"he°°�erorep°b°`he
in e�oreen� weh en,ellnes:et ronh m the City rn
M., CIWe The appli-de decision- k,,g hotly Wil
reNewthe Inbrrnation A the public hearing to rentler s
reeommend—, or a final tlecitl
amended, or released as to any portion or all of the Property only after approv Pz-19-4415
11/05/20
Commission at a publicly noticed hearing. All costs, expenses, and fees ass
releasing this Declaration shall be the sole responsibility of the party requesting the release.
Any amendment, modification, or release approved by the City Commission shall be
executed by the Planning Director, the Zoning Director, and the Housing and Community
Development Director, or their successor, or designee, and be in a form acceptable to the City
Attorney.
9. Severability. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of this Declaration, which shall remain in full force
and effect.
10. Recording. This Declaration shall be filed of record among the Public Records
of Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the
acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City
Department of Hearing Boards within thirty (30) days of recordation.
11. No Vested Rights. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the Owner, its successors and assigns.
SIGNATURE PAGES TO FOLLOW
5
ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this
2020.
WITNESSES:
Signature
Print Name
Signature
Print Name
OWNER:
2170 SBH, LLC
day of
Managing Member / Partner
Name: Javier Jimenez
Title: MGR
1901 Ponce de Leon Boulevard
Coral Gables, FL 33134
STATE OF FLORIDA COUNTY OF MIAMI-DADE
411y!arR�
NOTICE
This submittal needs b te• achetluled br s public hearing
In accortlanre wM1h tlrnell11 set forth in the City &
MiamiCWe. Theappliwd' declsion-r &'g bwywill
rewewihe inbrmation at the public hearing to render e
mendatien or a final decidon.
PZ-19-4415
\\ 11/05/20
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization by Javier Jimenez, the MGR of 2170 SBH, LLC, on behalf
of the limited liability company. He is ❑ personally known to me or ❑ has produced
, as identification.
Witness my signature and official seal this day of
2020, in the County and State aforesaid.
My Commission Expires:
Print Name
Notary Public State of Florida
R,
ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this
2020.
WITNESSES:
Signature
Print Name
Signature
Print Name
OWNER:
45 SBH, LLC
NOTICE
This submittal needs to be echetluied br s public hearing
�orden� wlm t1,[ 11let ronh m the City rn
Miami Code. The applicede decision —k,,g bodyxnll
reNewtheInbrrnation Mthe public hearingto re d s
mentlati on or a hnal decitlon.
PZ-19-4415
11/05/20
day of ,
Managing Member / Partner
Name: Javier Jimenez
Title: MGR
1901 Ponce de Leon Boulevard
Coral Gables, FL 33134
STATE OF FLORIDA COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization by Javier Jimenez, the MGR of 45 SBH, LLC, on behalf
of the limited liability company. He is ❑ personally known to me or ❑ has produced
as identification.
Witness my signature and official seal this day of 2020, in the
County and State aforesaid.
My Commission Expires:
Notary Public State of Florida
Print Name
7
Approved as to Planning and Zoning:
Francisco Garcia, Director
Planning Department
Approved as to Legal Form:
Victoria Mendez
City Attorney
NOTICE
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Miami Cmtl The appliedu' decision--k,,g bMyWil
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PZ-19-4415
11/05/20