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HomeMy WebLinkAboutExhibit B - SR Restrictive Covenant - SUBGT GreenbergTraurig Ethan B. Wasserman Tel 305.579.0784 Fax 305.961.5425 wasserm a ne ©gtla w. corn December 20, 2017 VIA COURIER E. Sue Trone, AICP Planner II Planning & Zoning Department City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Day Avenue - Declaration of Restrictive Covenants Dear Ms. Trone: Enclosed please find the Day Avenue Declaration of Restrictive Covenants, please route for signature and let us know when ready for pick up. Thank you in advance for your kind assistance. If you should have any questions, please do not hesitate to contact our office. Best regards, Ethan B. Wasseinian Enclosures EBW:ml MIA 186239706v1 GREENBERG TRAURFG, PA. • ATTORNEYS AT LAW • WWW.GTLAW.COM 333 S.E. 2nd Avenue • Suite 4400 • Miami, FL 33131-3238 • Tel 305.579.0500 ■ Fax 305.579.0717 This instrument is prepared by (and after recording ) please return this instrument to; Ryan D. Bailine, Esq. Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Reserved for Recording DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENT that the undersigned, Coconut Grove Gateway LLC, a Florida limited liability company ("Declarant") hereby makes, declares and imposes on the land herein described, this Declaration of Restrictive Covenants (the "Covenant") running with title to the land contained herein, which shall be binding on Declarant, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Declarant is the fee simple title holder to certain properties located in Miami -Dade County, Florida, more particularly described on Exhibit "A" (collectively the "Property") attached hereto and incorporated herein; and WHEREAS, Declarant is seeking to rezone the Property from T3-0 to T4-R; and WHEREAS, Declarant voluntarily proffers this Covenant for the betterment of the community, and in response to certain comments from: (i) Planning staff and the City Commission regarding commercial uses on the Property, both North of Day Avenue (collectively, the "North Parcels") and South of Day Avenue (collectively, the "South Parcels"); (ii) the community regarding the affordability of potential new development on the Property; and (iii) the City Commission; and WHEREAS, Declarant is interested in developing the North Parcels in accordance with the Attainable Mixed -Income Housing Development provisions contained in Sections 3.15.2 and 3.15.6 of Miami 21; and WHEREAS, Declarant declares certain restrictive covenants which shall burden the Property in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Declarant, the Declarant hereby creates and places the following covenants and restrictions on the Property: MIA 184832788 Declaration of Restrictive Covenants A. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. B. Use Restriction. In connection with the City's consideration of a rezoning application for the Property, the Declarant hereby voluntarily and knowingly covenants that the Property shall not contain any Commercial uses, as identified in Article 4, Table 3 of the Miami 21 Code ("Miami 21") and as defined in Article 1 of Miami 21. C. Income Restriction. The Declarant hereby covenants that the Property will contain a minimum of fourteen (14) residential income restricted units: (i) a minimum of seven (7) units are reserved for Low to Moderate Affordable Housing ("Low/Moderate"), which are households with incomes between forty percent (40%) and eighty percent (80%) of the area median income ("AMI") as determined by the City's Department of Community and Economic Development; (ii) a minimum of five (5) units are reserved for Workforce Housing ("Workforce"), which are households with incomes between sixty-five percent (65%) and one hundred and forty percent (140%) of the AMI as determined by the City's Department of Community and Economic Development; and (iii) a minimum of two (2) units are reserved for Extremely Low Income Housing ("ELI"), which are households with incomes less than thirty percent (30%) of the AMI as determined by the City's Department of Community and Economic Development. The South Parcels will contain no less than 1 ELI unit, 3 Workforce units and 3 Low/Moderate units. Declarant intends to apply for funding and subsidies from, among other sources, the City of Miami, for the development of the affordable housing units contained within this Section C. To the extent the City provides the Declarant with the requisite funding/subsidies for the development and operation of seven (7) ELI units on the South Parcels, then Declarant agrees to restrict no less than seven (7) units on the South Parcels for ELI housing. The income restrictions contained in this Section C shall become effective upon the redevelopment of the North Parcels and South Parcels, respectively, in accordance with the T4-R Transect Zoning regulations of Miami 21. D. Tenant Relocation. The Declarant hereby covenants to provide relocation assistance for tenants located at the property when the property is redeveloped for multifamily housing in accordance with the terms of this Covenant or when tenants are relocated from the property in anticipation of redevelopment, whichever comes first. Declarant will provide up to $500 in moving expenses, utility relocation expenses to initiate new FPL and water service within ninety (90) days of a tenant vacating the Property and assistance with locating alternate housing of comparable quality to such tenant's current unit. E. Covenant Running with the Land. This Covenant on the part of the Declarant shall constitute a covenant running with the land and shall be recorded, at Declarant's expense, in the Public Records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned Declarant, and its heirs, successors, and assigns until such time as the Covenant is modified or released. M!A 184832788 Declaration of Restrictive Covenants These restrictions during their lifetime shall be for the benefit of, and be a limitation upon, all present and future owners of the Property and for the public welfare. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation. Upon the expiration of such thirty (30) year period, (i) the Income Restriction set forth in Section C above shall automatically terminate; and (ii) the Use Restriction set forth in Section B above shall be extended automatically for successive periods of ten (10) years each, unless released or modified in writing by the City Commission at a public hearing, after recommendation by the Planning Zoning and Appeals Board. Any amendment or modification, as approved by the City Commission, shall be in a form subject to being approved by the City Attorney. Rescission of this Covenant requires unanimous approval from. the City Commission, after discussions with the Coconut Grove Village West Homeowners and Tenants Association, Inc. ("HOTA") and the Coconut Grove Ministerial Alliance, Inc. ("Ministerial Alliance"). The HOTA and Ministerial Alliance discussions and input must occur no later than 60 days after request by the Declarant; if such meetings do not occur within 60 days of Declarants request, then the application for rescission may proceed to City Commission. F. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate any covenant contained herein. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. This Covenant shall be construed and enforced in accordance with the laws of the State of Florida. G. Election of Remedies. All rights, remedies, and privileges granted 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. In all actions the parties shall bear their own respective attorney's fees. H. Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. I. Recording. This Declaration shall be recorded in the Public Records of Miami -Dade County at the Declarant's expense. The City of Miami Planning and Zoning Director at 444 SW 2nd Avenue, Miami, 3rd Floor, Florida 33130, shall be furnished a certified copy within thirty (30) days of recordation. SIGNATURE PAGE TO FOLLOW MIA 184832788 Declaration of Restrictive Covenants Signed, witnessed, executed and acknowledged this 13 day of , , 2017. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE Coconut Grove Gateway, LLC, a Florida limi iab1y' comp Title: Managing Member or Partner The foregoing instrument was acknowledged before me this e day of D2C- . 2017 Christopher Korth, Managing Member of CocDnut Grove Gateway, LLC, a Florida limited liabili company, who is personally known to me, or has rod F� FDL I Cv3D- 1 I D - ! - 4141- 0 as identification and he acknowledged before me that he executed the same, freely and voluntarily, for the purposes therein expressed. S Name: Notary Public, State of 'F1, O 4 Commission No, 4- F i=Fj N Iet3 So rpi:1,•t'.9 � �,t,}S!3. DIP2 1 is MY COMM!SS!ON! FF 9419 '6 EXPIRES: December 14, 2019 °P'" Bonded Tfxa Notary Puhiic Underwriters MIA 184832788 Declaration of Restrictive Covenants Exhibit "A" Legal Descriptions NORTH PARCELS PROPERTY ADDRESS: 3875 DAY AVE FOLIO No.01-4120-013-0090 LEGAL DESCRIPTON: LOT 11, REVISED PLAT PERCIVAL AND SANFORD SUBDIVISION OF PART OF THE SE a OF THE NE a OF SECTION 20, TOWNSHIP 54 SOUTH , RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 5 FEET, PER THE WARANTY DEED TO THE CITY OF MIAMI RECORDS IN O.R. BOOK 3684, PAGE 271 AND RE -RECORDED IN O.R. BOOK 4941, PAGE 402, ALSO LESS AND EXCEPT THAT PORTION OF SAID LOT 11 CONVEYED TO DADE COUNTY, IN THE RIGHT OF WAY DEED RECORD IN O.R. BOOK 4146, PAGE 214, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PROPERTY ADDRESS: 3865 DAY AVE FOLIO No.01-4120-013-0080 LEGAL DESCRIPTON: LOT 10, LESS THE 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, PROPERTY ADDRESS; 3851 DAY AVE FOLIO No.01-4120-013-0070 LEGAL DESCRIPTON: LOT 8 AND 9, PERCIVAL AND SANFORD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PROPERTY ADDRESS: 3841 DAY AVE FOLIO No.01-4120-013-0060 LEGAL DESCRIPTON: LOT 8 AND 9, PERCIVAL AND SANFORD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MIA 184832788 Declaration of Restrictive Covenants SOUTH PARCELS PROPERTY ADDRESS: 3830 DAY AVE FOLIO No.01-4120-013-0030 LEGAL DESCRIPTON: LOT 14 AND 15,REVISED PLAT OF PERCIVAL AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PROPERTY ADDRESS: 3840 DAY AVE FOLIO No.01-4120-013-0020 LEGAL DESCRIPTON: LOT 14 AND 15,REVISED PLAT OF PERCIVAL AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, PROPERTY ADDRESS: 3850 DAY AVE FOLIO No.01-4120-013-0010 LEGAL DESCRIPTON: LOT 13, LESS THE NORTH 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PROPERTY ADDRESS: 3860 DAY AVE FOLIO No.01-4120-013-0100 LEGAL DESCRIPTON: LOT 12, LESS THE NORTH 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MIA 184832788 Declaration of Restrictive Covenants APPROVED AS TO FORM & CORRECTNESS: VICTORIA MENDEZ City Attorney MIA 184832768•