HomeMy WebLinkAboutSubmittal-Steven Wernick-Exhibit BDocument prepared by:
Steven J. Wernick, Esq. AICP
Day Pitney LLP
396 Alhambra Circle
North Tower, 14th Floor
Coral Gables, FL 33134
Submitted into the pubic
record for tem()
on 1) 11 a-4 City Clerk
Return Recorded Copy to:
City of Miami
Office of Zoning, Attn.: Zoning Administrator
444 S.W. 2nd Avenue, 2nd Floor
Miami, FL 33130-1910
Folio Nos: 01-3113-053-0030 and 01-3113-053-0040
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENT that the undersigned, 5900 W Little Haiti, LLC
(the "Owner") hereby makes, declares, and imposes on the land herein described, this Declaration
of Restrictive Covenants ("Declaration"), and the covenants running with the title to the land
contained herein, which shall be binding on the Owner, all heirs, grantees, successors, assigns,
personal representatives, and upon all mortgagees, lessees, and all others presently or in the future
claiming any interest in the Property, as described below.
WHEREAS, 5900 W Little Haiti, LLC is the owner of that certain property located at 185
NE 59 Street and 175 NE 59 Street in the City of Miami, Florida, 33137 (the "Property"), as more
particularly described in Exhibit "A"; and
WHEREAS, the Property is improved with an existing 2-story commercial building built in
1959, which has been occupied by various commercial uses and currently used as artist studios,
workspaces, display and/or sale of artwork and ancillary art programming, however, the current
zoning classification of T5-R does not permit commercial uses; and
WHEREAS, Owner desires to legalize the established commercial use of the Property, in
recognition of the benefit of the current art -related uses to the surrounding neighborhood, while
maintaining the development rights permitted under the transect zone; and
WHEREAS, Owner filed an application with the City of Miami (the "City") requesting to
change the Property's zoning classification from T5-R to T5-O, as file PZ-23-16880 (the
"Application"); and
WHEREAS, Owner also filed a companion application to amend the Property's future land
use designation from `Medium Density Multifamily Residential' to 'Restricted Commercial', as
file PZ-23-16881; and
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185 NE 59 Street (01-3113-053-0030) and 175 NE 59 Street (01-3113-053-0040). Submitted into the public
record for item(s) �f
on '1- I I '`"1--‘1 . e City Clerk
WHEREAS, the Planning Department has reviewed the Application and issued a staff
report and analysis with findings that the Application satisfies all applicable criteria in Section
7.1.2.8 of the Zoning Ordinance of the City of Miami, Florida (the "Miami 21 Code") and
recommending approval of the Application; and
WHEREAS, on April 3, 2024, following a public hearing, the Planning Zoning and Appeals
Board considered the Application recommending approval by a vote of 8-0, pursuant to Resolution
No. PZAB R-24-027; and
WHEREAS, on , 2024, following a public hearing, 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, pursuant to Ordinance No.
attached hereto and made part hereof as Exhibit "B"; and
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, and in order to ensure that the statements and representations made to the
City are memorialized, Owner hereby voluntarily covenants and agrees as follows:
1. Recitals. The recitals and findings set forth in this Declaration are true and correct and
are hereby adopted by reference and incorporated herein as if fully set forth in this Section.
2. Declaration of Restriction. Notwithstanding the adoption of the Application and the
subsequent change of zoning classification to T5-O, the Owner shall comply with the following
restriction on the use of the Property:
a. Owner shall maintain on the Property art -related commercial uses with a minimum
floor area of 3,200 square feet, including artist studios, workspaces, display and/or
sale of artwork, and ancillary art programming.
b. Such use of the Property identified in subsection 2a. shall include (i) art exhibits
promoting Haitian art and culture, and (ii) art educational programming offered to
children in Little Haiti.
c. Any application filed by Owner with City of Miami for approvals pursuant to
Section 8 herein shall be provided to the Little Haiti Revitalization Trust for its
review within thirty (30) days of formal submittal of said application to City of
Miami.
3. Term of Declaration. The provisions of this Declaration shall become effective upon
recordation in the Public Records of Miami -Dade County, Florida (the "Effective Date"), and shall
continue in effect for a period of ten (10) years, unless released pursuant to the terms of this
Declaration.
4. Covenant Running with the Land. This Declaration, once approved for legal form and
correctness by the City Attorney, and accepted by the City, and recorded in the Public Records of
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Submitted into the pu
185 NE 59 Street (01-3113-053-0030) and 175 NE 59 Street (01-3113-053-0040). record for item(s)
on -1—`I . City Clerk
Miami -Dade County, shall run with the land and be binding upon the heirs, grantees, successors,
assigns, personal representatives, and upon all owners, future owners, mortgagees, lessees and
others presently, or in the future, having any interest in the Property.
5. Inspection and Enforcement. It is understood and agreed that any officer or employee
of the City shall have the authority, during normal business hours, to enter the Property to
investigate its use and determine whether- the conditions of this Declaration are being complied
with. Enforcement of this Declaration shall be by action against the parties to this Declaration or
the persons violating, or attempting to violate, any covenants in this Declaration, including the
then Owner(s) at the time the violation(s) is committed. This enforcement provision shall be in
addition to any other remedies available at law, in equity, or both. The violations may also be
enforced by City Code, Chapter 2, Article X, titled Code Enforcement.
6. Severability. Invalidation of any of these covenants by judgment of a court shall not
affect any of the other provisions of this Declaration, which shall remain in full force and effect.
7. 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.
8. Amendments, Modifications, Releases. This Declaration may be modified, amended, or
released in writing by the then owner(s) of the Property, upon a determination that the Declaration
is no longer necessary to preserve and protect the Property for the purposes herein intended and
that the modification, amendment, or release will not result in a violation of the Code of the City,
as amended (the `'City Code"), the Miami 21 Zoning Code, or the Florida Building Code, subject
to the approval of the City Attorney as to legal form and correctness. Any amendment, modification
or release of the Declaration shall be subject to approval by City Commission at a public hearing.
9. No Vested Rights. Nothing in this Declaration shall be construed to create any vested
rights whatsoever to the Owner, its successors, or assigns.
10. Cumulative. All rights, remedies, and privileges gained herein shall be deemed to be
cumulative and the exercise of any one or more shall neither be deemed to constitute an election
of remedies, nor shall it preclude the party exercising the same from exercising such other
additional rights, remedies or privileges as may be available to it.
11. Recordation. This Declaration will be e-recorded by the City, at the Owner's expense,
in the public records of Miami -Dade County, Florida within thirty (30) days of acceptance by the
City.
[Signature Page(s) to Follow]
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185 NE 59 Street (01-3113-053-0030) and 175 NE 59 Street (01-3113-053-0040). Submitted into the public
record for item(s) Q Z-
on ' ) I I -f Lg. 1 City Clerk
In witness whereof the undersigned has caused his hand and seal to be affixed hereto on
this day of 2024.
WITNESSES:
Print Name:
Print Name:
5900 W Little Haiti, LLC,
a Florida Limited Liability Company
By:
Name:
Title:
The foregoing instrument was acknowledged before me by means of physical
presence OR online notarization, this day of , 2024, by
, as of 5900 W Little Haiti, LLC, who is
personally known to me, or who has produced identification.
Type of Identification Produced
4
NOTARY PUBLIC
Print Name:
Notary Public, State of:
Commission No.:
My Commission Expires:
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185 NE 59 Street (01-3113-053-0030) and 175 NE 59 Street (01-3113-053-0040).
CITY OF MIAMI:
APPROVED:
DANIEL S. GOLDBERG, ESQ.
Zoning Administrator
DAVID SNOW
Interim Director, Department
APPROVED AS TO LEGAL
CORRECTNESS:
of Planning
FORM AND
GEORGE WYSONG, ESQ.
City Attorney
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Submitted into the public
record for item(s)
on 1-1 I —Z_`� . T City Clerk
119462612.1
185 NE 59 Street (01-3113-053-0030) and 175 NE 59 Street (01-3113-053-0040).
Exhibit "A"
Legal Description
<' mitted into the public
c cord for item(s
City Clerk
Lots 3 and 4, ROCKMOOR CENTRAL TRACT, according to the plat thereof as recorded in Plat Book 4 at Page 197
of the Public Records of Miami —Dade County, Florida.
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185 NE 59 Street (01-3113-053-0030) and 175 NE 59 Street (01-3113-053-0040).
Exhibit "B"
Ordinance No.
[to be inserted after adoption by City Commission]
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Submitted into the pubic
record for item(s _
on ' 4 i'Z . City C Clerk
119462612.1