HomeMy WebLinkAboutExhibit BThis instrument prepared by
and when recorded returned to:
Steven J. Wernick, Esq.
Akerman LLP
Three Brickell City Centre
98 Southeast Seventh Street
Miami, FL 33131
111111111111111111
C F hl 2
OR BY. 31312
RECORDE
HARVE:Y
11ANI-D
This submttal needs to be scheduled bra public hearing
in accordance whh timelines set forth In the City of
Miami Code. The appare Fla decision -making hotly will
renew the Information at the public hearing to render'a
recommendation or a final decia on.
PZ-22-15244
10/12/23
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made this le -
day of 441 , 2018 by WESTDALE WYNWOOD LP, a Texas limited partnership (hereinafter, the
"Owner"), in favor of the City of Miami, Florida, a municipality located within the State of Florida (the
"City").
WITNESSETH:
WHEREAS, the Owner holds fee simple title to that certain real property located at 224-284 NW
31 Street, 3043 NW 3 Avenue, and the western portion of 3040 NW 2 Avenue in Miami, Florida, as more
particularly described in Exhibit "A" (the "North Parcels"), and that certain real property located at 221-
291 NW 30 Street, Miami, Florida, as more particularly described in Exhibit "A" (the "South Parcels",
collectively with the North Parcels referred to as the "Subject Property");
WHEREAS, on July 20, 2017, the Owner filed applications with the City's Planning and Zoning
Department related to the future land use and zoning classifications of the Subject Property to effectuate
efficient and appropriate use, density, and future redevelopment of the Subject Property as a multi -family
residential development, including an application to amend the City's Zoning Atlas for the North Parcels
from T3-O to T4-L, and to amend the City's Zoning Atlas for the South Parcels from T4-L to T5-L (the
"Application"); and
WHEREAS, the Application is consistent with the City's Comprehensive Neighborhood Plan and
facilitates additional multi -family residential development with a mix of unit types and sizes, and
improvement in the quality of housing stock in the surrounding neighborhood; and
WHEREAS, on November 15, 2017, the Planning, Zoning and Appeals Board recommended
denial of the Application by a vote of four to three (4-3), pursuant to Resolution PZAB-R- 17-090; and
WHEREAS, on February 22, 2018, the City Commission on first reading of the ordinance,
reviewed the Application, and voted affirmatively to approve the Application; and
WHEREAS, on March 22, 2018, 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 City of Miami Zoning Code ("Miami 21 Code"), pursuant to Ordinance No. 13758,
attached hereto and made a part hereof as Exhibit "B"; and
WHEREAS, the Owner desires to ensure that any future use and/or development of the Subject
Property is compatible with both the current and future conditions of the surrounding neighborhood.
44932263;1
Book31312/Page1461 CFN#20190067844 Page 1 of 20
This submittal needs to be schebu Led bra public hearing
in accordance wkh timelines set forth in the City of
Miami Code. The applies de decision -making body will
renew the information at the public hearing to render a
recommendation or a final tiecic on.
NOW THEREFORE, the Owner, in order to assure the City that the representations made
be abided by the Owner, its successors or assigns, freely, voluntarily and without dure
following covenants covering and running with the Subject Property:
1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference.
2. Covenants Against the Subject Property. The Owner hereby declares the following restrictions
against the Subject Property:
a. The Subject Property shall be treated as a unified development site, to be
developed in one or more phases generally consistent with a concept plan, attached as Exhibit "C",
for multi -family residential development with a mix of unit sizes, on -site parking and community
amenities, and limited commercial uses along the ground floor of NW 30th Street, and subject to a
recorded Unity of Title or Covenant in Lieu of Unity of Title, pursuant to Article 7 of the Miami
21 Code ("Concept Plan"). In event that City determines an Exception is required for development
of the Subject Property, any material changes to the Concept Plan shall be reviewed and approved
as part of the Exception application by the Planning Zoning and Appeals Board.
b. Development on the North Parcels shall not exceed a maximum Height of Three
(3) Stories and 40 feet and will incorporate architectural elements consistent with existing structures
in the neighborhood, including but not limited to Spanish Mission and Mediterranean Revival.
c. Owner shall, in lieu of reserving a minimum of ten (10) multi -family residential
dwelling units as affordable housing as part of future development of the Subject Property,
contribute $1,000,000 for neighborhood improvements to a neighborhood revitalization
organization or community revitalization trust serving District 5, specifically as follows: $500,000
within sixty (60) days of the Effective Date of this Declaration; $250,000 upon issuance of a
building permit for any unified redevelopment on the Subject Property; and $250,000 upon
issuance of a certificate of occupancy for any unified redevelopment on the Subject Property.
In the event the City of Miami Zoning Atlas or Miami 21 Code is amended to allow the North
Parcels or South Parcels or any properties abutting the North Parcels or South Parcels, respectively, to
exceed the current maximum Height or maximum permitted Density, by right or through a special permit
or use of a public benefits program or other bonus Height mechanism made available through the Miami
21 Code, the purpose of this Declaration shall no longer exist and the City shall, upon Owner's written
request, agree to the release of this Declaration consistent with the procedures set forth in Section 6 herein.
3. Effective Date. This Declaration shall constitute a covenant running with the title to the Subject
Property and be binding upon Owner, its 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 Property and for the public welfare.
4. Term of Covenant. This Declaration on the part of the Owner shall remain in full force and
effect and shall be binding upon the Owner of the Subject Property, 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 successive periods of ten (10) years, unless modified, amended or
released prior to the expiration thereof.
2
44932263;1
Book31312/Page1462 CFN#20190067844 Page 2 of 20
5. Inspection and Enforcement. It is understood and agreed that any official insp
of Miami may have the right at any time during normal working hours to enter upon the S
for the purpose of investigating the use of the Subject Property, and for determining whether t
of this Declaration and the requirements of the City's building and zoning regulations are bein
with. An action to enforce the terms and conditions of this Declaration may be brought by the City a
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.
This submittal needs to be schedu led fora public hearing
in accordance wail timelines set forth in the City of
Miami Code. The applica de decision -making body WIL
renew the information at the public hearing to render a
recommendation or a final decla on.
PZ-22-15244
10/12/23
6. Amendment and Modification. This instrument may be modified, amended or released as to any
portion of the Subject Property by a written instrument executed by the owner(s) of the fee -simple title to
the Subject Property 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 Owner.
7. 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.
8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade
County, Florida, by the Owner and at the cost of the Owner, within fifteen (15) days of acceptance by the
City. The Owner shall submit a certified recorded copy of the Declaration to the Zoning Administrator at
444 SW 2nd Avenue, 4th Floor, Miami, Fl., 33130-1910 within thirty (30) days of recordation.
[ Signature Page Follows ]
3
44932263;1
Book31312/Page1463 CFN#20190067844
Page 3 of 20
IN WITNESS WHEREOF, the Owner has set his hand and seal effective of the da
written.
WITNESSES:
STATE OF (at )Ch.5
COUNTY OF IsJoa(a5
WESTDALE WYNWOOD, LP
a Texas limited partnership
This submttal needs to be scheduled fora public hearing
In accordance wbh timelines set forth in the City of
Miami Code. The applicable decision -malting body will
reNewthe Information at the public tearing to render a
recommendation or a final decision.
PZ-22-15244
10/12/23
By: JGB VENTURES I, LTD., a Texas
limited partnership - General Partner
By: JGB HOLDINGS, INC., a Texas
corporation - General Partner
By:
Name' oseph G. Beard
Tit e: President
The foregoing instrument was executed, ackno ledged and delivered before me this (' day of
( , 2018, by -IOWk a, O tN..LQ , as frt tE.oF' of JGB Holdings, Inc., a
Texas corporation, as General Partner of JGB Ventures I, LTD., a Texas limited partnership, as General Partner of
Westdale Wynwood LP, a Texas limited partnership, on behalf of the company. He/She is personally known to me
or has produced as identification.
*ry. BETHANYSHAY
.*: MY COMMISSION EXPIRES
) December 22, 2018
44932263;1
Name:
Notary Public, Stat of Te
My Commission umber:
My Commission Expires:
s
/ 50054 Y 7 -v
Book31312/Page1464 CFN#20190067844 Page 4 of 20
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
OFFICE OF TIIE CITY ATTORNEY
By: e
Printed: M
17 -2
APPROVED
PLANNING DEPARTMENT
R-05
mevl Lg of *"J —
Francisco J. ia, Director
or N niV,! `fin 4
NOTICE \
This su bmktel needs to be scheduled lore public hearing
in accordance with Vmelines set forth in the City of
Miami Code. The appllw He decision -making body MI
reNew The Intormatlon at the public hearing to render a
recommendaI on or a final dec is on.
PZ-22-15244
10/12/23
Book31312/Page1465 CFN#20190067844 Page 5 of 20
Exhibit "A"
Legal Description
North Parcels
This submitlal needs to be scheduled fora public hearing
In accordance with timelines set forth In the City of
Herd Code. The apphca He decision -male ng body will
renew the information at the public hearing to render a
recommendah on or a final decision.
PZ-22-15244
10/12/23
Lot 3, Block 19, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, as recorded in Plat
Book 2, Page 29 of the Public Records of Miami -Dade County, Florida.
TOGETHER WITH
Lots 1 through 9, inclusive, Block 17, of WYNWOOD PARK, according to the Plat thereof, as recorded in
Plat Book 5, Page 23 of the Public Records of Miami -Dade County, Florida.
South Parcels
Lot 4, Block 19, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, as recorded in Plat
Book 2, Page 29 of the Public Records of Miami -Dade County, Florida.
TOGETHER WITH
Lots 10 through 18, inclusive, Block 17, of WYNWOOD PARK, according to the Plat thereof, as recorded
in Plat Book 5, Page 23 of the Public Records of Miami -Dade County, Florida.
44932263;1
Book31312/Page1466 CFN#20190067844 Page 6 of 20
Exhibit "B"
Ordinance No. 13758
[See Attached]
44945621;1
This submittal needs to be scheduled for a public hearing
In accordance wM1h timelines set forth In the City of
Mlaml Code. The applicable decision -making body will
review the information at the public hearing to rend er'a
recommendadon or a final decision.
PZ-22-15244
10/12/23
Book31312/Page1467 CFN#20190067844 Page 7 of 20
City of Miami
Certified Copy
File Number: 3408
35
Enactment Nu
This submitlal needs to be scheduled fora public hearing
In accordance wBh ti rneLInes set forth In the City of
Nerd Code. The applicable decisem-making body will
review the' Information at the pu bye hearing to render a
recommendation or a final decision.
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED,
BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN
TRANSECT ZONE -OPEN, TO "T4-L," GENERAL URBAN TRANSECT ZONE -
LIMITED, FOR THE PROPERTIES LOCATED WITHIN BLOCK 17 OF THE
WYNWOOD PARK PLAT AT APPROXIMATELY 3043 NORTHWEST 3 AVENUE,
3040 NORTHWEST 2 AVENUE, AND 224, 234, 244, 252, 262, 268, 276, AND 284
NORTHWEST 31 STREET, AND FROM "T4-L," GENERAL URBAN TRANSECT
ZONE -LIMITED, TO "T5-L," URBAN CENTER TRANSECT ZONE -LIMITED, FOR
THE PROPERTIES LOCATED AT APPROXIMATELY 221, 229, 237, 243, 251,
267, 269, 275, 285, AND 291 NORTHWEST 30 STREET, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
PZ-22-15244
10/12/23
WHEREAS, Westdale Wynwood, LP ("Applicant") has submitted an application to
change the zoning classification from "T3-O," Sub -Urban Transect Zone -Open, to "T4-L,"
General Urban Transect Zone -Limited, for the properties located within block 17 of the
Wynwood Park Plat at approximately 3043 Northwest 3 Avenue, 3040 Northwest 2 Avenue, and
224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31 Street and from "T4-L," General
Urban Transect Zone -Limited, to "T5-L," Urban Center Transect Zone -Limited, for the properties
located at approximately 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30
Street, Miami, Florida, as more particularly described in Exhibit "A" (collectively, "Properties");
and
WHEREAS, the Properties are located within the Wynwood Edgewater Net Area and
have an area of approximately 4.86 contiguous acres of which approximately four (4) acres are
the subject of the pending application; and
WHEREAS, the Department of Planning has evaluated this application solely upon the
criteria found in Article 7, Sections 7.1.2.8(a)(3) and (f)(2) of Ordinance No. 13114, as amended,
the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code") and recommended denial;
and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on
November 15, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-
17-091 by a vote of five to two (5-2), Item No. PZAB.8, recommending denial of the proposed
Zoning Change; and
WHEREAS, the Applicant has voluntarily proffered a restrictive covenant ("Covenant")
for these parcels, attached and incorporated as Exhibit "B," wherein the Applicant makes certain
covenants and restrictions that the Properties shall be treated as a unified development site
consistent with a concept plan attached thereto for multi -family residential development with a
mix of unit sizes, on -site parking, community amenities, limited commercial uses along the
ground floor of NW 30th Street, and subject to a Unity of Title or Covenant in Lieu of Unity of
Title; Development on the North Parcels shall not exceed a maximum Height of three (3) stories
and forty (40) feet and will incorporate architectural elements consistent with existing structures
City of Miami
Page 1 of 3 13758
Book31312/Page1468 CFN#20190067844 Page 8 of 20
File Number: 3408 Enactment N
in the neighborhood, including but not limited to Spanish Mission and Mediterrane
Applicant will also, in lieu of providing ten (10) multi -family residential dwelling unit
affordable housing as part of future development of the subject Properties, contribu
$1,000,000 for neighborhood improvements to a neighborhood revitalization organiz
community revitalization trust serving District 5 with $500,000 payable within sixty (60
the effective date of the Covenant, $250,000 upon issuance of a building permit, and $2
upon issuance of a certificate of occupancy of the subject Properties; and
This submittal needs to be scheduled fora public hearing
In accordance with timelines set forth In the City of
Miami Code. The appllralde derision-malcng body.ALI
review the Information at the public hearing to render a
re<ommenbaeon or a nnal nevaon.
WHEREAS the City Commission accepts the proffered Covenant as being in the best
interests of the City and as being beneficial to the area; and
PZ-22-15244
10/12/23
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height; and
WHEREAS, based on the evidence and testimony presented at the public hearing, the
City Commission, after careful consideration of this matter, deems it advisable and in the best
interest of the general welfare of the City of Miami and its inhabitants to consider this proposed
zoning change as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended
by changing the zoning classification from "T3-O," Sub -Urban Transect Zone —Open, to "T4-L,"
General Urban Transect Zone —Limited, for the properties located within block 17 of the
Wynwood Park Plat at approximately 3043 Northwest 3 Avenue, 3040 Northwest 2 Avenue, and
224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31 Street and from "T4-L," General
Urban Transect Zone -Limited, to "T5-L," Urban Center Transect Zone -Limited, for the properties
located at approximately 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30
Street, Miami, Florida, as more particularly described in Exhibit "A."
Section 3. The Covenant voluntarily proffered by Applicant, attached and incorporated
as Exhibit °B," is accepted and approved by the City Commission.
Section 4. The Applicant shall record the Covenant within thirty (30) days of the
effective date of this Ordinance.
Section 3. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof, pursuant and subject to Sections 163.3187(5)(c) and
163.3184(12), Florida Statutes.'
' This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami
Page 2 of 3 13758
Book31312/Page1469 CFN#20190067844 Page 9 of 20
File Number: 3408
DATE:
RESULT:
MOVER:
SECONDER:
AYES:
DATE:
ACTION:
3/22/2018
ADOPTED WITH MODIFICATION(S)
Manolo Reyes, Commissioner
Keon Hardemon, Chair
Keon Hardemon, Ken Russell, Wifredo (Willy) Gort, Joe Carollo, Manolo Rey
4/2/2018
Signed by the Mayor
I, Todd B. Hannon, City Clerk of the City of Miami, Florida, and keeper of the records
thereof, do hereby certify that this constitutes a true and correct copy of Ordinance No.
13758, with attachment(s), passed by the City Commission on 3/22/2018.
Ci Cl=rk Deputy Clerk (for
T d B. Hannon, .City Clerk)
May 1, 2018
Date Certified
Enactment
Thls subrnrttel needs to be schedu Led fora public hearing
accordance wM Emelines set forth in the Clly of
Morn Code. The applicatle decision -making body WILL
renewthe information at the public hearing to render a
recommendation or a final deciaon.
PZ-22-15244
10/12/23
City of Miami
Page 3 of 3
13758
Book31312/Page1470 CFN#20190067844 Page 10 of 20
THIS DOCUMENT IS A SUBSTITUTION. BAC
AND SUBMITTAL CAN BE SEEN AT THE END
DOCUMENT.
Exhibit "A"
Legal Description
North Parcels
This submittal needs to be scheduled bra public hearing
In accordance with a meCmes set forth in the City of
Miami Cede. The applieatte tlecision-making body will
renew the Information at the public hearing to render a
nacommendati on or a final decision.
PZ-22-15244
10/12/23
Lot 3, Block 19, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, as recorded in Plat
Book 2, Page 29 of the Public Records of Miami -Dade County, Florida.
TOGETHER WITH
Lots 1 through 9, inclusive, Block 17, of WYNWOOD PARK, according to the Plat thereof, as recorded in
Plat Book 5, Page 23 of the Public Records of Miami -Dade County, Florida.
South Parcels
Lot 4, Block 19, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, as recorded in Plat
Book 2, Page 29 of the Public Records of Miami -Dade County, Florida.
TOGETHER WITH
Lots 10 through 18, inclusive, Block 17, of WYNWOOD PARK, according to the Plat thereof, as recorded
in Plat Book 5, Page 23 of the Public Records of Miami -Dade County, Florida.
44932263;1
Book31312/Page1471 CFN#20190067844 Page 11 of 20
THIS DOCUMENT IS A SUBSTITUTION. BAC
AND SUBMITTAL CAN BE SEEN AT THE END 0
DOCUMENT.
Exhibit "B"
Ordinance No.
[See Attached]
44932263;1
ThIs submtal needs to be scheduteb for a public hearing
In accordance wan timelines set forth In the City of
Mlerri Code. The applicabe decision -making bodywlli
renewthe information at the public hearing to render a
recommendati on or a final tleciaon.
PZ-22-15244
10/12/23
Book31312/Page1472 CFN#20190067844 Page 12 of 20
THIS DOCUMENT IS A SUBSTITUTION.
AND SUBMITTAL CAN BE SEEN AT THE
DOCUMENT.
This instrument prepared by
and when recorded returned to:
Steven J. Wernick, Esq.
Akerman LLP
Three Brickell City Centre
98 Southeast Seventh Street
Miami, FL 33131
Thls au brnr tal needs to be scheduled fora public hearing
rcoraanre wM ti melines set forth in the City of
Mlarni Cobe.The appacatie decision-rnaoing botlyxill
re,ewthe inbrmation at the pane hearing to render a
recommendation or a final decid on.
PZ-22-15244
10/12/23
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made this
day of , 2018 by WESTDALE WYNWOOD LP, a Texas limited partnership (hereinafter, the
"Owner"), in favor of the City of Miami, Florida, a municipality located within the State of Florida (the
"City").
WITNESSETH:
WHEREAS, the Owner holds fee simple title to that certain real property located at 224-284 NW
31 Street, 3043 NW 3 Avenue, and the western portion of 3040 NW 2 Avenue in Miami, Florida, as more
particularly described in Exhibit "A" (the "North Parcels"), and that certain real property located at 221-
291 NW 30 Street, Miami, Florida, as more particularly described in Exhibit "A" (the "South Parcels",
collectively with the North Parcels referred to as the "Subject Property");
WHEREAS, on July 20, 2017, the Owner filed applications with the City's Planning and Zoning
Department related to the future land use and zoning classifications of the Subject Property to effectuate
efficient and appropriate use, density, and future redevelopment of the Subject Property as a multi -family
residential development, including an application to amend the City's Zoning Atlas for the North Parcels
from T3-O to T4-L, and to amend the City's Zoning Atlas for the South Parcels from T4-L to T5-L (the
"Application"); and
WHEREAS, the Application is consistent with the City's Comprehensive Neighborhood Plan and
facilitates additional multi -family residential development with a mix of unit types and sizes, and
improvement in the quality of housing stock in the surrounding neighborhood; and
WHEREAS, on November 15, 2017, the Planning, Zoning and Appeals Board recommended
denial of the Application by a vote of four to three (4-3), pursuant to Resolution PZAB-R- 17-090; and
WHEREAS, on February 22, 2018, the City Commission on first reading of the ordinance,
reviewed the Application, and voted affirmatively to approve the Application; and
WHEREAS, on March 22, 2018, 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 City of Miami Zoning Code ("Miami 21 Code"), pursuant to Ordinance No. 13758,
attached hereto and made a part hereof as Exhibit "B"; and
WHEREAS, the Owner desires to ensure that any future use and/or development of the Subject
Property is compatible with both the current and future conditions of the surrounding neighborhood.
File No.: 3408
44932263;1
Book31312/Page1473 CFN#20190067844 Page 13 of 20
THIS DOCUMENT IS A SUBSTITUTION. BACK
AND SUBMITTAL CAN BE SEEN AT THE END OF
DOCUMENT.
Thls submtal needs to be scherfuletl fora public hearing
In accordance wTh timelines set forth In the City or
Mleml Code. The epplicetle deosion-making hotly r.dr
rexewthe information at the public hearing to antler a
recommendaton or a final tleciaon.
NOW THEREFORE, the Owner, in order to assure the City that the representations made
be abided by the Owner, its successors or assigns, freely, voluntarily and without dure
following covenants covering and running with the Subject Property:
1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference.
2. Covenants Against the Subject Property. The Owner hereby declares the following restrictions
against the Subject Property:
PZ-22-15244
10/12/23
a. The Subject Property shall be treated as a unified development site, to be
developed in one or more phases generally consistent with a concept plan, attached as Exhibit "C",
for multi -family residential development with a mix of unit sizes, on -site parking and community
amenities, and limited commercial uses along the ground floor of NW 30th Street, and subject to a
recorded Unity of Title or Covenant in Lieu of Unity of Title, pursuant to Article 7 of the Miami
21 Code ("Concept Plan"). In event that City determines an Exception is required for development
of the Subject Property, any material changes to the Concept Plan shall be reviewed and approved
as part of the Exception application by the Planning Zoning and Appeals Board.
b. Development on the North Parcels shall not exceed a maximum Height of Three
(3) Stories and 40 feet and will incorporate architectural elements consistent with existing structures
in the neighborhood, including but not limited to Spanish Mission and Mediterranean Revival.
c. Owner shall, in lieu of reserving a minimum of ten (10) multi -family residential
dwelling units as affordable housing as part of future development of the Subject Property,
contribute $1,000,000 for neighborhood improvements to a neighborhood revitalization
organization or community revitalization trust serving District 5, specifically as follows: $500,000
within sixty (60) days of the Effective Date of this Declaration; $250,000 upon issuance of a
building permit for any unified redevelopment on the Subject Property; and $250,000 upon
issuance of a certificate of occupancy for any unified redevelopment on the Subject Property.
In the event the City of Miami Zoning Atlas or Miami 21 Code is amended to allow the North
Parcels or South Parcels or any properties abutting the North Parcels or South Parcels, respectively, to
exceed the current maximum Height or maximum permitted Density, by right or through a special permit
or use of a public benefits program or other bonus Height mechanism made available through the Miami
21 Code, the purpose of this Declaration shall no longer exist and the City shall, upon Owner's written
request, agree to the release of this Declaration consistent with the procedures set forth in Section 6 herein.
3. Effective Date. This Declaration shall constitute a covenant running with the title to the Subject
Property and be binding upon Owner, its 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 Property and for the public welfare.
4. Term of Covenant. This Declaration on the part of the Owner shall remain in full force and
effect and shall be binding upon the Owner of the Subject Property, 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 successive periods of ten (10) years, unless modified, amended or
released prior to the expiration thereof.
2
44932263;1
Book31312/Page1474 CFN#20190067844 Page 14 of 20
THIS DOCUMENT IS A SUBSTITUTION. B
AND SUBMITTAL CAN BE SEEN AT THE END 0
DOCUMENT.
5. Inspection and Enforcement. It is understood and agreed that any official insp
of Miami may have the right at any time during normal working hours to enter upon the S
for the purpose of investigating the use of the Subject Property, and for determining whether
of this Declaration and the requirements of the City's building and zoning regulations are bein
with. An action to enforce the terms and conditions of this Declaration may be brought by the City
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.
Thls submtal needs to be scherfuletl for a public hearing
In accordance wTh timelines set forth In the City or
Mleml Code. The epplicetle deosion-making hotly 04
rexewthe information at the public hearing to render a
recommendaton or a final tleciaon.
PZ-22-15244
10/12/23
6. Amendment and Modification. This instrument may be modified, amended or released as to any
portion of the Subject Property by a written instrument executed by the owner(s) of the fee -simple title to
the Subject Property 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 Owner.
7. 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.
8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade
County, Florida, by the Owner and at the cost of the Owner, within fifteen (15) days of acceptance by the
City. The Owner shall submit a certified recorded copy of the Declaration to the Zoning Administrator at
444 SW 2nd Avenue, 4th Floor, Miami, Fl., 33130-1910 within thirty (30) days of recordation.
[ Signature Page Follows ]
3
44932263;1
Book31312/Page1475 CFN#20190067844 Page 15 of 20
THIS DOCUMENT IS A SUBSTITUT
AND SUBMITTAL CAN BE SEEN AT THE END OF
DOCUMENT.
IN WITNESS WHEREOF, the Owner has set his hand and seal effective of the da
written.
WITNESSES:
WESTDALE WYNWOOD, LP
a Texas limited partnership
This submittal needs babe scheduled bra public hearing
in accordance with timelines set forth in the City of
Miami Cede. The appliratie baislon-making body eiiLI
review The Infor mation at the public hearing to render a
recommendation or a final deciAon.
PZ-22-15244
10/12/23
By: JGB VENTURES I, LTD., a Texas
limited partnership - General Partner
By: JGB HOLDINGS, INC., a Texas
corporation - General Partner
By:
Print Name: Name: Joseph G. Beard
Title: President
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was executed, acknowledged and delivered before me this day of
, 2018, by , as of JGB Holdings, Inc., a
Texas corporation, as General Partner of JGB Ventures I, LTD., a Texas limited partnership, as General Partner of
Westdale Wynwood LP, a Texas limited partnership, on behalf of the company. He/She is personally known to me
or has produced as identification.
(Official Seal)
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
OFFICE OF THE CITY ATTORNEY
By.
Name:
Notary Public, State of Texas
My Commission Number:
My Commission Expires:
APPROVED
ZONING ADMINISTRATOR
By.
Printed Printed
44932263;1
Book31312/Page1476 CFN#20190067844 Page 16 of 20
THIS DOCUMENT IS A SUBSTITUTIO
AND SUBMITTAL CAN BE SEEN AT THE END
DOCUMENT.
Exhibit "C"
Concept Plan
[See Attached]
44932263;1
This submittal needs to be scheduled bra public hearing
In accordance with t meCmes set forth in the City of
Miami Cede. The applieatte tlecision-making body will
renew the Information at the public hearing to render a
nacommendati on or a final decision.
PZ-22-15244
10/12/23
Book31312/Page1477 CFN#20190067844 Page 17 of 20
9L17 tabed/Z i£ 1-£,1008
17179L9006 LOZ#NdO
OZ 40 91, abed
44932263;1
THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL
AND SUBMITTAL CAN BE SEEN AT THE END OF THIS
DOCUMENT.
Concept Plan
OPEN SPACE
Cross -Block Passage,
access street
Exhibit "C"
Concept Plan
[See Attached]
44945621;1
This submittal needs to be schebuletl fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicable decision -making body will
rerlewthe Information at the public hearing to render a
recommendation or a fine ldecigon.
PZ-22-15244
10/12/23
Book31312/Page1479 CFN#20190067844 Page 19 of 20
Oat- L e6ed/Z 1, £ L £P1009
�-178L9006 L0Z#NdO
OZ 40 0Z abed
Concept Plan
OPEN SPACE
Cross -Block Passage,
access street
.�'xwggti G