HomeMy WebLinkAboutExhibit B CovenantThis instrument prepared by, and after recording retum to:
Name: Iris V, Escarra, Esq.
Address: Greenberg Traurig, P.A.
333 SE 2"d Avenue
Miami, Florida 33131
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of , 2017, by Miami Plaza LLC, a Florida limited liability
corporation having offices at 425 N.E. 22nd Street, Suite #301, Miami, Florida 33137 (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, 1502 NE Miami Place, Miami, Florida 33132, legally described in Exhibit "A"
attached hereto and made a part hereof (the "Property"); and
WHEREAS, Owner intends to develop the Property as mixed -use residential building
with 437 residential units and with _ _ square feet of commercial area on the ground
floor pursuant to Zoning Ordinance 13114, as amended, of the City of Miami ("Miami 21")
Section 3.14 Public Benefits Program; and
MIA 185845174v4
Miami Plaza Public Benefits Covenant
WHEREAS, Owner has agreed to satisfy the Public Benefits Bonus in accordance with
Miami 21 Section 3.14.4 (a)(1)1 with the reservation of at least fourteen percent (14%) of the
total number of residential units equaling approximately 62 as workforce housing units, as
defined in City Code Section 13-52 (the "Units for Workforce Housing"); and
Owner agrees that this will be a covenant running with the land and binding upon the
Owner of the Property, its successors in interest 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. Public Benefit Prog amn: Workforce Housing Restrictia . Owner has agreed to
satisfy the Public Benefits Bonus in accordance with Miami 21 Section 3.14.4 (a)(1) with the
reservation of the Units for Workforce Housing. The Units for Workforce Housing shall contain
design finishes consist with the standard market rate units. Furthermore, Owner shall not sell,
lease, or otherwise convey any interest in the Units for Workforce Housing for any consideration
in excess of 140% of the area median income as determined by the Department of Community
and Economic Development.
3. Pf"f cti o Date. This instrument shall constitute a covenant running with the title
to the Property and be binding upon Owner, its successors and assigns upon recordation in the
Affordable/workforce housing on site of the development. For each square foot of affordable/workforce housing (including pertaining shared
space such as parking and circulation) provided on site, the development shall be allowed two square feet of additional area up to the bonus
Height and FLR as described in Section 3.14.1.
2 Workforce housing shall mean, solely for purposes of this article, owner -occupied and/or rental housing with a purchase cost, value, or monthly
rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is between 80
percent to 140 percent of area median income as determined by the City's Department of Community and Economic Development in relation to
the affordable housing and workforce housing impact fee deferral program provided for in this article.
2
MIA 185845174v4
Miami Plaza Public Benefits Covenant
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 Covnant. This voluntary covenant 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 instrument is recorded in the
public records, and shall be automatically extended for periods of ten (10) years, unless
modified, amended or released prior to the expiration thereof.
5. Applicable I, The restrictions within this Declaration on the part of the
Owner are being made under the applicable laws of the City at the time of the Effective Date.
However, if the applicable laws are modified in a manner that would be more favorable to the
Owner, then this Declaration shall be interpreted under the more favorable laws at such time.
6. Inspectim and Enforcernept. It is understood and agreed that any official
inspector of the City of Miami may have the right at any time during normal working hours of
the City of Miami'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. 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, either to
restrain violations or to recover damages. This enforcement provision shall be in addition to any
other remedies available under the law.
3
MIA 185845174v4
Miami Plaza Public Benefits Covenant
7. Amend t aefltj nd 'Acidification. This instrument may be modified, amended, or
released as to any portion or all of the Property only after occurrence of either (1) satisfaction by
other means permitted by Section 3.14 of Miami 21, including but not limited to payment into
the City of Miami Affordable/Workforce Housing Trust Fund as satisfaction of the Public
Benefit Program; or (2) a public hearing before the Planning Zoning and Appeals Board and the
City Commission. Any amendment or modification approved by the City Commission shall be
executed by the City Manager, his successor, or designee, and be in a form acceptable to the City
Attorney.
8. 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.
9. Recordbgt. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Owner. The Owner shall furnish a copy of the
recorded Declaration to the City Department of Hearing Boards within thirty (30) days of
recordation.
10. No Vested Rights. Nothing in this covenant shall be construed to create any
vested rights whatsoever for the Owner, its successors and assigns.
SIGNATURE PAGES TO FOLLOW
4
MIA 185845174v4
Miami Plaza Public Benefits Covenant
IN WITNESS WHEREOF, the undersigned has set his hand and seal this
2017.
Witnessed by:
Name:
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was
2017 by Martin Ferreira de Melo, of
personally known to me or produced
MIA 185845174v4
Miami Plaza LLC,
A Florida limited liability corporation
By:
Martin Ferreira de Melo
day of
acknowledged before me this day of ->
Miami Plaza, LLC. He personally appeared before me, is
as identification.
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
5
Miami Plaza Public Benefits Covenant
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez,
City Attorney
APPROVED AS TO CONTENTS:
Francisco Garcia, Director
Planning and Zoning Department
6
MIA 185845174v4
Miami Plaza Public Benefits Covenant
Exhibit "A"
THE SOUTH 13.50 FEET OF LOT 4 IN BLOCK "E" OF T.W. PALMER'S RESUBDIVISION ACCORDING TO
THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 60, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA.
AND
ALL OF LOTS 5, 7, AND 8, AND THE SOUTH 26.34 FEET OF LOT 9 IN BLOCK "E" OF T.W. PALMER'S
RESUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 60, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
AND LOT 6, LESS THE SOUTH 5 FEET IN BLOCK "E" OF T.W. PALMER'S RESUBDIVISION
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 60, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
AND
LOT 9 AND LOT 12, LESS THE SOUTH 5 FEET, IN BLOCK 145 OF ROBBINS, GRAHAM AND
CHILLINGWORTH'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK
"A", PAGE 49 1/2, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
TOGETHER WITH
THAT PORTION OF ALLEY LYING WITHIN BLOCK "E" OF T.W. PALMER'S RESUBDIVISION
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 60, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND BLOCK 14 OF ROBBINS, GRAHAM AND
CHILLINGWORTH'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK "A", PAGE 49 1/2, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, CLOSED BY
CITY OF MIAMI ORDINANCE NO. 13492, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 12, OF SAID BLOCK 14, THENCE NO 01°37'56" W FOR A
DISTANCE OF 181.50 FEET TO THE NORTHWEST CORNER OF THE SOUTH 13.50 FEET OF LOT 5 OF
SAID BLOCK "E", THENCE S 87°42'04" W FOR A DISTANCE OF 10.00 FEET TO THE NORTHEAST
CORNER OF THE SOUTH 26.34 FEET OF LOT 9, OF SAID BLOCK "E", THENCE S 01°37'56" E FOR A
DISTANCE OF 181.50 FEET TO THE SOUTHEAST CORNER OF LOT 6 OF SAID BLOCK "E", THENCE N
87°42'04" E FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
Folio Nos.:
01-3136-008-0320
01-3136-008-0330
01-3136-008-0340
01-3136-008-0315
01-3136-008-1010
7
MIA 185845174v4
T6-24a vs. T6-24b
DATA SHEET - CALCULATIONS BASED ON MIAMI21 ZONING CONE
tll,ZF-NirlRAL. SME INF-CA-WM-ON
1 5 107 -5 235555.
5-715e,M1 5,„,e2zA
1500- NE 55.1 E05.2023 NE re15' 20,, 1
1 15N, NE er%ter ,12573_ 37 NE15 2.4255e. tee 1513
NE ate 533,
WA% PLLZ-4
1573 NE el,a/ ere- 13253 553 twee 32231
N-3 5207,153254, et NE 13 31555 are Itre NE
T6g24a URBAN CORE ZONE T6-24b URBAN CORE ZONE
trar AREA! , 26203 ar 1 0,27 acres
,77 ,
72,ce „
1 5 97 screa
0 87 acres
45-T
30,502 25 0.7 aue,
Me 03 ef
' 5,87 acres ,
1 I NO CHANGE
1 2,57 geree 1
-.05 ere0750-520
NO CHANGE
3 332,3235,31 e
el „ .1 e53
, err
-75253,04-2 -re5 1 1 ,y51
cat. tr 5 1
M 101 .-,er
NO CHANGE
I 1 5N1
acre. r 1
Ne 1
.5Q Oe-E, F
CHANGE
ma I 1 aver.
521 1
NO CHANGE
NO CHANGE
1 3 15552 etre, -210-352_33,te
NO CHANGE
ALLOWS A FULL 43 STORY BUILDING
355 pe,ang
NO CHANGE
0
FLR 2-N6g7.2,Uf