HomeMy WebLinkAboutSubmittal-Melissa Tapanes Llahues-Draft Copy of Declaration of Restrictive CovenantSubmitted into the p blic �d
record for it m(s) public d
on 5 I� f 11 City Clerk
This instrument was prepared by and after recordation return to :
Melissa Tapanes Llahues, Esq.
Bercow Radell Fernandez & Larkin, PLLC
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANT
This Declaration of Restrictive Covenants (the "Declaration") made this day of
, 2017, by MIAMI-DADE COUNTY COMMUNITY ACTION AND
HUMAN SERVICES DEPARTMENT (hereinafter referred to as the "Owner") and
PLATFORM 3750, LLC (hereinafter referred to as the "Tenant"), is in favor of the CITY
OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter
referred to as the "City").
WHEREAS, the undersigned Owner holds fee simple title to certain real property
located at 3750 S. Dixie Highway in Miami, Florida, which is identified by Miami -Dade Tax
Folio No. 01-4120-013-0010, and legally described as follows:
Tract A, of SIMBER SUBDIVISION, according to the Plat thereof, recorded
in Plat Book 64, Page 31, of the Public Records of Miami -Dade County,
Florida. TOGETHER WITH Lots 1 through 4, inclusive, of PERCIVAL PLAT
REVISED, according to the Plat thereof recorded in Plat Book 1, Page 140,
of the Public Records of Miami -Dade County, Florida; LESS any portions
thereof previously conveyed for Public purposes.
hereinafter referred to as the "Property."
16-3283
March 31, 2017
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Declaration of Restrictive Covenant
Page 2 of 8
Submitted into the public e
,record fp r itein (s) PZ
on 5 ! LS / 11 . City Clerk
WITNESSETH
WHEREAS, the Owner and Tenant sought and obtained a rezoning pursuant to
Ordinance No. for the Property; and
WHEREAS, the Owner and Tenant are desirous of making a voluntary binding
commitment to assure that the Property shall be developed in accordance with the
provisions of the Declaration herein.
NOW THEREFORE, the Owner and Tenant voluntarily covenant and agree that
the Property shall be subject to the following restrictions that are intended and shall be
deemed to be a covenant running with the land and binding upon the Owner and Tenant
of the Property, and their heirs, successors and assigns as follows:
Section 1. 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.
Section 2. The Owner and Tenant hereby make the following voluntary
declarations running with the land concerning the use of the Property:
1. The Property shall be developed substantially in accordance with the plans
entitled "Platform 3750," as prepared by Kobi Karp Architecture and Interior
Design, Inc. and JFS Design, Inc. consisting of 51 sheets, 18 sheets of
which are date stamped received by the Hearing Boards Section on
12/01/2016 and 33 sheets of which are date stamped received by the
Hearing Boards Section on 01/31/17. The foregoing plans may be modified
to reduce the number of parking spaces and increase the number of
affordable/workforce housing units as recommended by the community on
January 11, 2017, and Planning Zoning Appeals Board on December 21,
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
Declaration of Restrictive Covenant
Page 3 of 8
Submitted into the public
record for item(s) Z . 1
on City Clerk
2016, if such modifications are approved by the Urban Design Review
Board and the Planning Zoning Appeals Board following public hearing.
2. The Property shall be developed in compliance with Section 2-11.15 of the
Miami -Dade County Code of Ordinances, entitled Works of Art in Public
Places.
3. Tenant shall implement and maintain Florida Friendly Landscaping's Best
Management Practices (BMPs), including fertilization, irrigation and
mulching, as defined and outlined by the University of Florida's Institute of
Food and Agricultural Sciences (UF/IFAS) Extension for the courtyard's
landscape wall.
4. Not less than forty percent (40%) of the total number of units developed on
the Property shall be dedicated to affordable and workforce housing,
meaning those dwelling units with a sale, rental or pricing that is restricted
to households whose income is between forty percent (40%) to one hundred
forty percent (140%) of the most recent median family income for Miami -
Dade County pursuant to Article XIIA of the Miami -Dade County Code of
Ordinances.
5. The affordable/workforce housing units provided on the Property shall be
interspersed throughout the building or the condominium unit they are in,
and generally consist of the same features and amenities as the market -
rate units on the Property.
6. Tenant shall require its general contractor to work with CareerSource South
Florida or successor agency (or similar agency), which will place
unemployed and underemployed community residents with sub -contractors
working at the Property.
7. To reduce its parking footprint, Tenant shall have space dedicated to a car -
sharing service on the Property.
8. During construction, the Owner and Tenant shall use best efforts to relocate
the Frankie Rolle Center to a location accessible to the community it serves.
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
7
Declaration of Restrictive Covenant
Page 4 of 8
Submitted into the p
record for ite
on
blic
City Clerk
9. Tenant shall diligently work to promote the use of Metrorail as well as the
proposed Underline linear park, if and when completed.
10.As the existing pedestrian bridge located on the Property is currently
underutilized due to poor design, Tenant will work with Miami -Dade Transit
(MDT) and Owner to re -design the pedestrian bridge to Metrorail into a more
open concept in the event MDT and/or Owner allows redevelopment of said
pedestrian bridge, subject to approval from all permitting agencies and
available funding.
Section 3. Effective Date. This Declaration is effective at the date of execution
hereof. This instrument shall constitute a covenant running with the title to the Property
that shall be binding upon Owner and Tenant, their successors and assigns. These
restrictions shall be a limitation upon all present and future Owners and/or Tenants of the
Property and shall be for the public welfare.
Section 4. Term. This voluntary covenant on the part of the Owner and Tenant
shall remain in full force and effect and shall be binding upon the Owner and Tenant of
the 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.
Section 5. Applicable Law & Venue; Attornev's Fees. Florida law will apply to
interpretation of this instrument. Venue in any civil actions arising under this instrument
shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees.
Section 6. Amendment and Modification. This instrument may be modified,
amended, or released as to any portion of the Property by a written instrument executed
by the then Owner(s) of the fee -simple title to the land to be affected by such modification,
amendment or release, providing that same has been approved by the City of Miami City
Commission after a public hearing which public hearing shall be applied for at the sole
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
Declaration of Restrictive Covenant
Page 5of8
Submitted into the public d
on 11 record5 or
t m� 91, City
0
t Clerk
cost and expense of the Owner or Tenant. Upon approval of such modification
amendment or release as specified herein, the Director of the City of Miami's Planning
Department or his successor shall execute a written instrument in recordable form
effectuating and acknowledging such modification, amendment or release. Such
instruments shall be in a form acceptable to the City Attorney.
Section 7. Inspection and Enforcement. After notice and an opportunity to cure,
an enforcement action may be brought by the City by action in 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. The prevailing party in the action or suit shall be entitled to recover costs and
reasonable attorney's fees. This enforcement provision shall be in addition to any other
remedies available under the law. The award of attorney's fees to a prevailing party shall
not be used or enforced against the City of Miami.
Section 8. Severability. Invalidation of any one of these covenants by judgment
of Court shall not affect any of the other provisions of the Declaration, which shall remain
in full force and effect.
Section 9. Recording. This Declaration shall be filed of record among the Public
Records of Miami -Dade County, Florida, at the cost of the Tenant, and the City of Miami
Planning and Zoning Director will be furnished a recorded copy by the Tenant within thirty
(30) days of this Declaration being recorded.
[Signature Pages to Follow]
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
Declaration of Restrictive Covenant
Page 6 of 8
ACKNOWLEDGMENT
Submitted into the pulic
record r ite (s) Z,
on 5 City Clerk
Signed, witnessed, executed and acknowledged on this day of
, 2017.
WITNESSES: OWNER:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MIAMI-DADE COUNTY COMMUNITY
ACTION AND HUMAN SERVICES
DEPARTMENT
Lucia Davis -Raiford, Director
Overtown Transit Village
North Building, 10th Floor
701 NW 1st Court
Miami, Florida 33136
The foregoing instrument was acknowledged before me by Lucia Davis -Raiford,
the Director of MIAMI-DADE COUNTY COMMUNITY ACTION AND HUMAN
SERVICES DEPARTMENT, on behalf of the political subdivision of the State of
Florida. She is ❑ personally known to me or ❑ has produced as
identification.
Witness my signature and official seal this day of 2017,
in the County and State aforesaid.
My Commission Expires:
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
Notary Public State of Florida
Print Name
Declaration of Restrictive Covenant
Page 7 of 8
ACKNOWLEDGMENT
CORPORATION
Submitted into the public
record f r ite� (s) L. IS
on 5 11S 1 1') . City Clerk
Signed, witnessed, executed and acknowledged on this day of
, 2017.
WITNESSES: TENANT:
Signature
Print Name
Signature
Print Name
PLATFORM 3750, LLC
Leon Wolfe, Vice President
2100 Hollywood Boulevard
Hollywood, Florida 33020
STATE OF FLORIDA COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by Leon Wolfe, the Vice
President of PLATFORM 3750, LLC, on behalf of the corporation. He is ❑ personally
known to me or ❑ has produced _, as identification.
Witness my signature and official seal this day of 2017,
in the County and State aforesaid.
My Commission Expires:
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
Notary Public State of Florida
Print Name
Declaration of Restrictive Covenant
Page 8 of 8
Approved as to Planning and Zoning:
Francisco Garcia, Director, Planning and Zoning Department
Approved as to Legal Form:
Victoria Mendez, City Attorney
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
Submitted into (j p��,
record far ite s
on 1L51)7 . City Clerk
Submitted into the ppblic�
record f9r ite?(s) Z ,
on S 1 L5 I ) r . City Clerk
This instrument was prepared by and after recordation return to :
Melissa Tapanes Llahues, Esq.
Bercow Radell Fernandez & Larkin, PLLC
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 334333131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANT
This Declaration of Restrictive Covenants (the "Declaration") made this day of
20462017, by MIAMI-DADE COUNTY COMMUNITY ACTION AND
HUMAN SERVICES DEPARTMENT (hereinafter referred to as the 'Owner') and
PLATFORM 3750, LLC (hereinafter referred to as the "Tenant"), is in favor of the CITY
OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter
referred to as the "City").
WHEREAS, the undersigned Owner holds fee simple title to certain real property
located at 3750 S. Dixie Highway in Miami, Florida, which is identified by Miami -Dade Tax
Folio No. 01-4120-0134)010, and legally described as follows:
Tract A, of SIMBER SUBDIVISION, according to the Plat thereof, recorded
in Plat Book 64, Page 31, of the Public Records of Miami -Dade County,
Florida. TOGETHER WIT Lots 1 through 4, inclusive, of PERCIVAL PLAT
REVISED, according to the Plat thereof recorded in Plat Book 1, Page 140,
of the Public Records of Miami -Dade County, Florida; LESS any portions
thereof previously conveyed for Public purposes.
hereinafter referred to as the "Property."
16-3283
March 31, 2017
Submitted into the public t a
record r itej�;(s) Pl, r) 4 v
on 5 / { ► % . City Clerk
Declaration of Restrictive Covenant
Page 2 of 10
WITNESSETH
WHEREAS, the Owner and Tenant sought and obtained a rezoning pursuant to
Ordinance No. for the Property; and
WHEREAS, the Owner and Tenant are desirous of making a voluntary binding
commitment to assure that the Property shall be developed in accordance with the
provisions of the Declaration herein.
NOW THEREFORE, the Owner and Tenant voluntarily covenant and agree that
the Property shall be subject to the following restrictions that are intended and shall be
deemed to be a covenant running with the land and binding upon the Owner and Tenant
of the Property, and their heirs, successors and assigns as follows:
Section 1. 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.
Section 2. The Owner and Tenant hereby make the following voluntary
declarations running with the land concerning the use of the Property:
1. The Property shall be developed substantiallydeveloped in accordance with
the plans entitled "Platform 3750," as prepared by Kobi Karp Architecture
and Interior Design, Inc. and JFS Design, Inc. consisting of 5A-sheets-date
11/29/2016. 51 sheets, 18 sheets of which are date stamped received by
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
Submitted into the public
record fqr ite (s) ��
on 5 / Y� 11 . City Clerk
Declaration of Restrictive Covenant
Page 3 of 10
the Hearing Boards Section on 12/01/2016 and 33 sheets of which are date
stamped received by the Hearing Boards Section on 01/31/17. The
foregoing plans may be modified to reduce the number of parking spaces
and increase the number of affordable/workforce housing units as
recommended by the community on January 11, 2nd Planning Zoning
Appeals Board on December 21, 2016, if su f •difications are approved
by the Urban Design Review Board and theianritkioning Appeals Board
following public hearing.
2. The Property shall be developed in Compliance with Section 2-11.15 of the
Miami -Dade County Code of Ordinances, entitled Works of Art in Public
Places.
4.3. Tenant shall implement and maintain Florida Friendly Landscaping's
Best Management Practices (BMPs), including fertilization, irrigation and
mulching, as defined and outlined by the University of Florida's Institute of
Food and Agricultural Sciences (UF/IFAS) Extension for the courtyard's
landscape wall.
b.4. t le§s n f percent (2040%) of the total number of
units developed on the Property shall be dedicated to affordable and
workforce housing, meaning those dwelling units with a sale, rental or
pricing that is restricted to households whose income is
between forty percent
(40%) to one hundred forty percent (140%) of the most recent median family
income for Miami -Dade County pursuant to Article XIIA of the Miami -Dade
County Code of Ordinances.
& 5. The affordable/workforce housing units provided on the Property
shall be interspersed throughout the building or the condominium unit they
are inand generally consist of the same features and amenities as the
market -rate units on the Property.
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
Submitted into the pxblic
record fpr itqm(s) NZ, k
cts
on 5 175 1 I7 . City Clerk
Declaration of Restrictive Covenant
Page 4 of 10
. Tenant shall require its general contractor to work with CareerSource
South Florida or successor agency (or similar agency), which will place
unemployed and underemployed community residents with sub -contractors
working at the Property.
8 7. To reduce its parking footprint, Tenant shall have space dedicated to
a Vicar -sharing service on the Property.
&8. During construction, the Owner and Tenant shall use best efforts to
relocate the Frankie Rolle Center to a location accessible to the community
it serves.
40,9. Tenant shall diligently work to promote the use of Metrorail as well
as the proposed Underline linear park, if and when completed.
4410. As the existing pedestrian bridge located on the Property is currently
underutilized due to poor design, Tenant will work with Miami -Dade Transit
(MDT) and Owner to re -design the pedestrian bridge to Metrorail into a more
open concept in the event MDT and/or Owner allows redevelopment of said
pedestrian bridge, subject to approval from all permitting agencies and
available funding.
Section 3. Effective Date. This Declaration is effective at the date of execution
hereof. This instrument shall constitute a covenant running with the title to the Property
that shall be binding upon Owner and Tenant, their successors and assigns. These
restrictions shall be a limitation upon all present and future Owners and/or Tenants of the
Property and shall be for the public welfare.
,Section 4.
shall remain in full f
This voluntary covenant on the part of the Owner and Tenant
and effect and shall be binding upon the Owner and Tenant of
the 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.
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
Formatted: Font Arial, 12 pt
Formatted: Font Mal, 12 pt, Underline color. Auto
Submitted into the pubic
record fqr ite (s) Vi
on 31 Z5111 . City Clerk
Declaration of Restrictive Covenant
Page 5 of 10
Section 5. Applicable Law & Venue; Attorney's Fees. Florida law will apply to
interpretation of this instrument. Venue in any civil actions arising under this instrument
shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees.
Section 56. Amendment and Modification. This instrument may be modified,
amended, or released as to any portion of the Property by a written instrument executed
by the then Owner(s) of the fee -simple title to the land to be affected by such modification,
amendment or release, providing that same has been approved by the City of Miami City
Commission after a public hearing which public hearing shall be applied for at the sole
cost and expense of the Owner or Tenant. Upon approval of such modification
amendment or release as specified herein, the Director of the City of Miami's Planning
Department or his successor shall execute a written instrument in recordable form
effectuating and acknowledging such modification, amendment or release. Such
instruments shall be in a form acceptable to the City Attorney.
Section 67. Inspection and Enforcement. After notice and an opportunity to
cure, an enforcement action may be brought by the City by action in law or in equity
against any party or person violbting or attempting to violate any covenants of this
Declaration, or provisions of the building and zoning regulations, either to restrain
violations or to recoverdamages. The prevailing party in the action or suit shall be entitled
to recover costs and reasonable attorney's fees. This enforcement provision shall be in
addition to any other remedies available under the law. The award of attorney's fees to a
prevailing party shall not be used or enforced against the City of Miami.
Section -Township -Range: 20-54-41
Folio Number. 01-4120-013-0010
Submitted into (j pu�lZ a `] 4
record fp r ite� s
on 5 15 I fl . City Clerk
Declaration of Restrictive Covenant
Page 6 of 10
Section 78. Severability. Invalidation of any one of these covenants by judgment
of Court shall not affect any of the other provisions of the Declaration, which shall remain
in full force and effect.
Section 89. Recording. This Declaration shall be filed of record among the Public
Records of Miami -Dade County, Florida, at the cost of the Tenant, and the City of Miami
Planning and Zoning Director will be furnished a recorded copy by the Tenant within thirty
(3 ) days of this Declaration being recorded.
[Signature Pages to Follow]
Section -Township -Range: 20-54-41
Folio Number. 01-4120-013-0010
Declaration of Restrictive Covenant
Page 7 of 10
ACKNOWLEDGMENT
Submitted into the pu lic pp
record . r it m s) �Z. 1 N /5
on
Signed, witnessed, executed and acknowledged on this - day of
20462017.
WITNESSES: OWNER:
Signature —
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MIAMI-DE C' ATY COMMUNITY
Aglelt D HU SERVICES
DEPARTMENT
Lucia Davis -Raiford, Director
Overtown Transit Village
North Building, 10th Floor
701 NW 1st Court
Miami, Florida 33136
The foregoing instrument was acknowledged before me by Lucia Davis -Raiford, -
the Director of MIAMI-DADE COUNTY COMMUNITY ACTION AND HUMAN
SERVICES DEPARTMENT, on behalf of the political subdivision of the State of
Florida.... is ❑ person? y known to me or ❑ has produced as
identification.
She -is-@ El has produced
Witness my signature and official seal this day of 2046
2017, in the County and State aforesaid.
Notary Public State of Florida
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
City Clerk
Formatted: Underline color. Auto
{ Formatted: Justified, Indent First line: 0.5"
1
Declaration of Restrictive Covenant
Page 8 of 10
My Commission Expires:
Section -Township -Range: 20-54-41
Folio Number. 01-4120-013-0010
Print Name
Submitted into the public c
record for itpm(s) ¶Z, i G
on 5Z5 !lt City Clerk
Declaration of Restrictive Covenant
Page 9 of 10
ACKNOWLEDGMENT
CORPORATION
Submitted into the public
record tip itern (s) 4Z, E
on SUS / )17 . City Clerk
Signed, witnessed, executed and acknowledged on this„— day of {Formatted No underline, Underline color. Auto
20462017.
WITNESSES: TENANT:
Signature
Print Name
Signature
Print Name
PLATFORM 3750, LLC
Leon Wolfe, Vice President
2100 Hollywood Boulevard
Hollywood, Florida 33020
STATE OF FLORIDA COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by Leon Wolfe, the Vice
President of PLATFORM 3750, LLC, on behalf of the corporation. He is ❑ personally
known to me or ❑ has produced _, as identification.
Witness my signature and official seal this day of
20462017 in the County and State aforesaid.
My Commission Expires:
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
Notary Public State of Florida
Print Name
Formatted: Font Times New Roman, 125 pt Bold
Declaration of Restrictive Covenant
Page 10 of 10
Approved as to Planning and Zoning:
Francisco Garcia, Director, Planning and Zoning Department .i
Approved as to Legal Form:
Victoria Mendez, City Attorney
ti
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
Submitted into the p blic
record for itep(s) VZr i
on 6 / Z5 / 17 • City Clerk
{ Formatted: Right 0", Line spacing: Multiple 1.08 li