HomeMy WebLinkAboutExhibit 5 - Version AAffordable Housing Docur
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This instrument was prepared by:
Ryan D. Bailine, Esq.
Stearns Weaver Miller Weissler
Alnadeff & Sitterson,
150 West Hagler Street
Suite 2200
Miami, FL 33130
Folio No. 01-4138-051-0110
F1N2.01 2444.47:0C).'1,n! iCr7:03
OR Bi; 28435 F'ss 2779—
RECORDED 0/0912013 1D16408
HARVEY RUVIN? CLERK OF COURT'
MI AI —DADE CLOUT Y'y FLORIDA
AFFORDABLE HOUSING RESTRICTIVE COVENANT
KNOW ALL BY THESE PRESENTS THAT as of the day of December, 2012,
the undersigned, WEST BRICKED, TOWER, 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.
Affordable Housing Restrictive Covenant
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 perform 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 purpose
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
covenant. 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.
2
Affordable Housing Restrictive Covenant
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.
DEPART ENT OWNER
Barnaby L. Min, Esq.
Zoning Administrator, or his designee
City of Miami Office of Zoning
444 SW 2nd Avenue
Fourth Floor
Miami, Florida 33130
WEST BRICKELL TOWER, LTD.
c/o Ryan D. Bailine, Esq.
Stearns Weaver Miller, et al
150 West Hagler Street
Suite 2200
Miami, Honda 33130
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)
Signed witnessed, executed and acknowledged on this f7 day of
•••7( ranx r 2012.
IN WITNESS WHEREOF, WEST BRICKELL TOWER, LTD.. has caused these
presents to be signed in its name by its proper officials,.
Witnesses:
Signatu •
Print Name
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH)
WEST BRICKELL TOWER, LTD., a Florida.
limited partnership
By:. West Brickell Tower GP, LLC, a Florida
limited liability company
By: TRQ Me nber of1FL L LLC, a Florida
rniti liabOt company, its sole
c
By:
. Fabbri,
Executive Vice President
"lhe foregoing instrument was acknowledged before me by William T. Fabbri, as
Executive Vice President of TRG Member of FI 1, LLC, a Florida limited liability company, as
sole member of West Bri eke]] 'rower GP, LLC, a Florida limited liability company, genera]
par tner of WEST BRICKELL 1 OWER, UM., a Florida limited partnership, Ile is pprsonally
known to me or has produced as identification.
Witness my signature and official seal this day of « kf,
20 , in the County and State aforesaid. ,;•
;.•
656NiN,004,4WA,.;,twk.r..,,,reuanwiwitimPk,.."
,,ekt,10 Ni Notary Public State of Florida
Slavroula Kelesidis
•,t My Commission DO0417g5
Expires 91/152014
OR O•
#2.111( 562 v3 --Affoldable Housing Covenant
40600 0006
NOTARY PUBLIC., STATE OF .FLORIDA
Print Name
My. Commission Expires: \
APPROVED AS TO FORM APPROVED:
CORRECTNESS:
OFFICE OF 'THE CITY .ATTORNEY
By:
Julie 0. I3rIsc
City Attorney
APPROVED:
By:
E OF ZbNING
B�faby L. Iv , Esq.
Zoning rator
DEPARINTNT OF COMMUNITY AND ECONOMIC DEVELOPMENT
By:
Alfiedd Jirart
Deputy -tor
#2441.562. v3 --AffOrdable .Howing Covenant
40600 0006
B k 2113 3 ,
I...A El- P EILIII4 48 EL,
Exhibit "A"
e al
seri )tion
The North 45 feet of Lot 19, and Lot 22 LESS the East 10 feet thereof, in Block
76 South, MIAMI HEIGHTS, according to the plat thereof, recorded in Plat Book
5, Page 29, of the Public Records of :Miami -Dade County, Florida
AND
The South 16 feet of Lots 1, 2 and 3, LESS the East 10 feet ofLot 1, in Block 76
South, CITY OF MIAMI, according to the plat thereof, as recorded in P1at Book
B, Page 41, of the Public Records of Miami -Dade County, Florida.
A/K/A — 1026 S
/2441562v.4
nd Avenue, Miami, FL
SIIIATE. Cf. FLORIDA. COUNITY OF LADE
HER:IEBY COMFY lag thks LE 8 r,,,„,,,or.,!cc,.40, of the
to0j4161 OA in U'r•,,y ,rike of,..i. _„,___ (2 11 _____ a.ky of
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Fiffilf§ ,I.fl h,:loi. en..icif&i.§;,,t, — — —
HARVEY RUVOI, CLEW ' Or arc.' 61.10 C • unty).,'"kurk,
6
THE
CHMAN
ROU P
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 or 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 c nvenienee. Thank you.
s
Wi1IianJ r Fabbri
Executi e Vice President
cc: Mayor Tomas Regaldo
Michael Goldstein, Esq.
(00004212000X,