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Home My WebLink AboutExhibit BReturn recorded copy to: Gunster, Yoakley & Stewart, P.A. Attn: Alfredo L. Gonzalez 600 Brickell Avenue, Suite 3500 Miami, FL 33131 Document prepared by: Gunster, Yoakley & Stewart, P.A. Attn: Alfredo L. Gonzalez 600 Brickell Avenue, Suite 3500 Miami, FL 33131 Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 Reserved for recording This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Cede. The applicable decision -making body will rodew the information at the public hearing to render a recommendation or a final decid on. PZ-24-17637 02/15/24 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2023, by 53rd Street Apartments, L.P., a Florida limited liability partnership, having offices at (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, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner applied with the City of Miami for a change to the Zoning and Future Land Use designation of the Property and the City by vote of the City Commission, has approved the Land Use change pursuant to Ordinance No. and Ordinance No. WHEREAS, Owner has voluntarily submitted this Declaration to assure that the Property is used and developed in accordance with the provisions of this Declaration and representations made by Owner in connection with the Application. 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 ACTIVE:19695481.5 Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 NOTICE PZ-24-17637 02/15/24 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. A) The Owner hereby covenants and agrees that ten percent (10%) of the Dwelling Units developed on the Property shall be made available for rent by Owner and shall be Workforce Housing serving residents at or below one hundred percent (100%) of the Area Median Income ("AMI") as published by the United States Department of Housing and Urban Development, annually, and certified by the City Housing and Community Development Department. B) Prior to converting any of the [Workforce, Affordable, or Extremely Low Income] Dwelling Units from rental units to units owned in fee simple (Homeownership Units), the Owner, or its successors or assigns, must request and receive 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 Homeownership 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 2 ACTIVE:19695481.5 Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 NOTICE mm PZ-24-17637 02/15/24 In the event that any of the [Workforce, Affordable, or Extremely Low Income] Dwelling 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, Workforce, or Extremely Low Income] Dwelling 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 Dwelling 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 sale of the entire Property as a rental building or the use of any Dwelling Unit for rental purposes shall not be subject to the restrictions set out in section 2(B) until any Dwelling Units are converted from rental to Homeownership Units, in which event, the restrictions of this section 2(B) shall apply to the Dwelling Units converted to Homeownership Units. 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 often (10) years, unless modified, amended, or released prior to the expiration thereof. 3 ACTIVE:19695481.5 Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 5. Inspection. It is understood and agreed that any official inspector of the City may have the right at any time during normal working hours of the City'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. 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. 4 ACTIVE:19695481.5 Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 8. Amendment, Modification, and Release. This Declaration may be modified, amended, o released as to any portion or all of the Property only after approval by the City Commission at a publicly noticed hearing. All costs, expenses, and fees associated with 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. Recordation. This Declaration will be e-recorded by the City of Miami, at the Owner's expense, in the public records of Miami -Dade County, Florida upon full execution. 11. 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 party 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. 12. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors and assigns. 5 ACTIVE:19695481.5 PU$// Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 4 0 4- a. Signed, witnessed, executed and acknowledged this_ day of , 2023. Witnesses: Print Name: Print Name: STATE OF ) ) SS COUNTY OF ) The foregoing instrument OR online notarization, this of of identification Produced Print or Stamp Name: Notary Public, State of Commission No.: OWNER 53rd STREET APARTMENTS, L.P. a Florida limited liability partnership By: Name: Title: NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body ...AIL renew the Information at the pubc hearing to render s recommendation or a final decision. 44, REV! Ew COQ PZ-24-17637 02/15/24 was acknowledged before me by means of physical presence day of 2023, by , as . Personally Known or Produced Identification Type My Commission Expires: 6 ACTIVE:19695481.5 PU$// Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 APPROVED AS TO CONTENTS: Lakisha Hull Planning Director Daniel S. Goldberg, Esq. Zoning Administrator George Mensah Director Department of Housing and Community Development APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney 7 4 0 4- 4 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the Information at the pubc hearing to render s recommendation or a final decision. 44, ReVI EW CO Q PZ-24-17637 02/15/24 ACTIVE:19695481.5 PU$// Folio: 01-3124-010-0050; 01-3124-010-0150; 01-3124-010-0060 EXHIBIT "A" Legal Description Folio: 01-3124-010-0050 Lots 2, 3, 4, 5, 6 less the North 15 feet thereof; All of Lots 19 and 20 and Lot 21, less the South 5 feet thereof, Orchard Villa Tract Addition, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Miami -Dade County, Florida recorded in Plat Book 7, page 84; said lands situate, lying and being in Miami -Dade County, Florida. NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the Information at the pubc hearing to render s recommendation or a final decision. 44, ReVIEW CO Q PZ-24-17637 02/15/24 a/k/a: 50 NE 54th Street, Miami, Florida 33137 and Folio: 01-3124-010-0150 Lot 18, Orchard Villa Tract Addition, according to the Plat thereof on file in the Offices of the Clerk of the Circuit Court in and for Miami -Dade County, Florida recorded in Plat Book 7, page 84; said lands situate, lying and being in Miami -Dade County, Florida. a/k/a: 43 NE 53rd Street, Miami, Florida 33137 and Folio: 01-3124-010-0060 Lot 7, less the North 15 feet thereof, Orchard Villa Tract, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Miami -Dade County, Florida recorded in Plat Book 7, page 84; said lands situate, lying and being in Miami -Dade County, Florida a/k/a: 40 NE 54th Street, Miami, Florida 33137 8 ACTIVE:19695481.5