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Home My WebLink AboutExhibit 5 - Version AAffordable Housing Documents And Other Assurances This instrument was prepared by: Ryan D. Bailine, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Hagler Street Suite 2200 Miami, FL 33130 Folio No. 01-0205-070-1060 Folio No. 01-0205-070-1070 RECORDED 01, `<'iiFiiii,....t,tiD`r... 5;111#N[`}`f+ i'i...rfit.'s:-, AFFORDABLE HOUSING RESTRICTIVE COVENANT KNOW ALL BY THESE PRESENTS THAT as of the _`" day of December, 2012, the undersigned, WEST BRICKELL VIEW, LTD., a Florida limited partnership (the "Owner"), hereby makes, declares and imposes on the land herein described, these covenants running with the title to the land, which shall be binding on the Owner, all heirs, successors, and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; WHEREAS, Owner holds the fee simple title to the land in the City of Miami, Miami -Dade County, Florida described in Exhibit "A", attached hereto and made a part hereof (the "Property"); and WHEREAS, the City of Miami (the "City") has adopted Affordable Housing Special Benefit Program Supplemental Regulations (the "Regulations") as part of its Miami 21 Zoning Code; and WHEREAS, the Regulations are established to facilitate the development of high quality affordable housing in the City by providing development incentives including, but not limited to, modifications of architectural/design standards and parking reductions; and WHEREAS, the City of Miami Office of Zoning (the "Department") through its Zoning Administrator, is given authority to administer and effectuate the Regulations; and WHEREAS, Owner will construct a project in the City to be occupied by low or very low income families on the Property (the "Project"); and WHEREAS, Owner has agreed to assure the Department that the Project will be occupied primarily by low or very low income families according to the Regulations and the terms stated herein; and WHEREAS, Owner is submitting this covenant to induce the Zoning Administrator to approve the special benefits as described in Section 3.15 of the Regulations. 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, its successors and assigns, does hereby covenant and agrees as follows: 1. General 1.1 The Project shall be occupied on a continuous basis by members of the general public and that no less than eighty percent (80%) of dwelling units within the Project shall be occupied as affordable housing servicing residents whose income does not exceed sixty percent (60%) of the then current median income for Miami -Dade County, Florida, Standard Metropolitan Statistical Area, including adjustments for family size, established by income statistics reported from time to time by the U. S. Department of Housing and Urban Development or such other entity which may succeed to perfonn the duties of the U. S. Department of Housing and Urban Development, for a time period of no less than thirty (30) years from the date of issuance of the final Certificate of Occupancy for the Project. 1.2 The benefits of this Agreement shall inure to, and may be enforced by, respectively, the City, and eligible persons who shall reside or be eligible to reside in the units set aside for their occupancy pursuant to Section 1.1 of this Agreement. If a material violation of any of the provisions hereof occurs or is attempted, such parties may institute and prosecute any proceeding to abate, prevent or enjoin any such violation or attempted violation; and to compel specific performance hereunder, it being recognized that the beneficiaries of the Owner's obligations hereunder cannot be adequately compensated by monetary damages in the event of the Owner's default and that no monetary damages may be awarded to any such beneficiaries or against the Owner. 1.3 It is understood and agreed that any official inspector of the City may have the right at any time during normal business hours to enter upon the Property for the purposes of investigating the use of the Property and for determining whether the conditions of this Agreement are being complied with. 2. Termination. Owner, its successors or assigns, shall have the right, upon written request delivered to the Department, with Notice to the Department of Community and Economic Development, to be released and have the Project released from the terms and conditions contained herein upon the expiration of the term set forth in Section 1.1 above. 3. Covenant Running with the Land. This covenant shall constitute a covenant running with the land for the period of time set forth in Section 1.1 above, and shall remain in full force and effect and be binding upon Owner and its successors and assigns until such time as the same is modified or released or as otherwise provided in this 2 covenant. The Owner will promptly record this covenant, at its expense, and furnish the City Zoning Administrator with a certified copy of the recorded covenant within thirty days after recordation in the Public Records of Miami -Dade County, Florida. 4. Governing Law. This covenant shall be governed by and construed in accordance with the laws of the State of Florida, both as to substantive rights and those governing remedies. 5. Notice. Any notice required to be given herein shall be given by personal delivery or by certified U.S. mail at the address specified below or at such other address as may be specified in writing by the parties. DEPARTMENT OWNER Barnaby L. Min, Esq. Zoning Administrator, or his designee City of Miami Office of Zoning 444 SW 2" a Avenue Fourth FIoor Miami, Florida 33130 WEST BRICKELL VIEW, LTD. c/o Ryan D. Bailin, Esq. Stearns Weaver Miller, et al 150 West Flagler Street Suite 2200 Miami, Florida 33131 6. Severability. If any provision of this covenant shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. (signatures appear on the following pages) 3 Signed, witnessed, executed and DIbitei/ , 2012. acknowledged on this 0 - day of IN WITNESS WHEREOF, WEST BRICKELL VIEW, LTD., has caused these presents to be signed in its name by its proper officials. Witnesses: WEST BRICKELL VIEW, LTD., a Florida limited partnership By: West Brickell View GP, LLC, a Florida ignature limited liability company (5s ( Lio-ce Print Name Signatur Print Name STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH) By: TRG,Member of FL I, LLC, a Florida Limite'diliability company, its sole w3/4i fi A , By: k Fabbri, Executive Vice President The foregoing instrument was acknowledged before me by William T. Fabbri, as Executive Vice President of TRG Member of FL I, LLC, a Florida limited liability company, as sole member of West Brickell View GP, LLC, a Florida limited liability company, general partner of WEST BRICKELL VIEW, LTD., a Florida limited partnership. He is personally known to me or has produced as identification. Witness my signature and official seal this 2012, in the County and State aforesaid. .6kt"I'Y PC'el,r Notary Public State of Florida Stavroula Kelesidis My Commission DD941795 c'eoFt,,e, Expires 01/16/2014 • ,;-' ""fikl,,,, #2441615 v3 --Affordable Housing Covenant 40600 0005 day of 41 NOTARY PUBLIC, SrAiFE OF FLORIDA Pint , anie: Print Name My Commission Expires: 1 11017-01/ APPROVED AS TO FORM AND APPROVED: CORRECTNESS: OFFICE OF THE CITY ATTORNEY By: Julie O. Bru, sq. City Attorney APPROVED: / „-- / ov CE OF ZONING By: 1/ maby L. Minasq. Zoning Administrator D. UMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT By: \ Alfred Deput . ctor 42441615 v3 --Affordable Housing Covenant 40600 0005 OR BK 2843 PG 2750 LAST PAGE Exhibit "A" Legal Description Lot 6 and 7, less the North 10.00 feet thereof, in Block 57 South, CITY OF MIAMI, also known as Lots 6 and 7 less the North 10.00 feet thereof, in Block 57S according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida. A/K/A 144 SW 8th Street and 152 SW 8th Street, Miami, Florida 2441615.v3 #2441615 v3 --Affordable Housing Covenant 40600 0005 STATE OF FLOR1i,IA, COUM'Y OF L.iiDE I HERE,I3Y CERTr-Y &et *A 4 py of ffte originof Ned tPr,;.; rxt7f,r, __ fNiESS CeNiei7A90. HAVE? JVr ^fr 6 THE ICHMAN ROUP OF FLORIDA, INC. 477 South Rosemary Avenue, Suite 301 West Palm Beach, FL 33401 561-832-1114/561-832-1104 March 13, 2013 Ms. Alice Bravo Assistant City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 Re: Pending Brownfield Area Designation Requests for West Brickell Tower, West Brickell View, and Vista Grande Dear Ms_ Bravo: Please be advised that the owners of the three projects referenced above have no intention of requesting a real estate property tax exemption as a result of the pending brownfield area designation requests. Moreover, under no circumstance will the owners of the three referenced projects in fact request a real estate property tax exemption as a result of the brownfield areas designation. If you should have any questions or require additional information please contact me at your earliest convenience. Thank you. s Willi ac TI Fabbri Executi e Vice President cc: Mayor Tomas Regaldo Michael Goldstein, Esq. (00004212.DOCX. 1 }