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HomeMy WebLinkAboutSubmittal-Iris Escarra-EXHIBITThis instrument is prepared by (and after recording ) please return this instrument to: Iris Escarra, Esq. Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Folio Nos. 01-0200-050-1120 / 1130 and 01-4138-027-0010 • Submitted into the public rx`enrd r r / e�t�ff s) Z• n \\ ! I�1 ! .i_1_ City Clerk Reserved for Recording CITY OF MIAMI PRIORITY HIRING AGREEMENT KNOW ALL MEN BY THESE PRESENT that the undersigned, Tasal, LLC, a Florida limited liability company ("Owner") hereby makes, declares and imposes on the land herein described, this City of Miami Priority Hiring Agreement (the "Agreement") running with title to the land contained herein, which shall be binding on Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the fee simple title holder to certain property located in Miami - Dade County, Florida, more particularly described on Exhibit "A" (the "Property") attached hereto and incorporated herein; and WHEREAS, Owner intends to develop the Property with the following uses: recreational watercraft rental facility, fish market, and restaurant; and WHEREAS, as a condition to the approval of Warrant No. 17-0004, the Owner voluntarily proffers this Agreement with certain hiring preferences and priorities for residents within the City of Miami for the proposed restaurant use; and 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 Owner, hereby agree as follows: A. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. B. Restriction. Owner agrees that the restaurant use at the Property shall: 1. During the construction phase of the development of the Property, Owner shall cause its general contractor(s) and subcontractors to adhere to the following with respect to hiring objectives: t n - 1(;SCScU«U- E)<V\ \-)\� Tasal, LLC Restrictive Covenant Submitted into the publi§ record for i;ej�}is� on City Clerk a. At least fifteen percent (15%) of those employed for construction work shall be employed utilizing the following priorities: first, residents of City of Miami District 3; second, residents of the City of Miami. b. During construction, Owner shall designate an independent accounting firm to certify monthly reports to the City of Miami's Planning Director, or designee, verifying compliance with the hiring restrictions contained within this Agreement. 2. Once a Certificate of Use has been obtained, Owner shall cause its restaurant operator to adhere to the following with respect to hiring objectives, excluding the restaurant chef: a. At least thirty percent (30%) of those employed at the restaurant shall be residents of the City of Miami; and b. Within ten (10) days prior to the issuance of the Certificate of Use, Owner shall designate an independent accounting firm to certify quarterly reports to the City of Miami's Planning Director, or designee, verifying compliance with the hiring restrictions contained within this Agreement. 3. Residents residing within the following geographical area, bound by West Flagler St on the south, NW 6th Avenue on the West, NW South River Drive on the East, and NW 2nd Street on the North, shall receive a twenty- five percent (25%) discount at the restaurant, excluding alcohol sales, and a twenty-five percent (25%) discount at the fish market uses established on the Property with proof of residency via valid government issued identification. C. Covenant Running with the Land. This Agreement on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner'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 Owner, and its heirs, successors, and assigns until such time as the Agreement is modified or released; or the restaurant use at the Property ceases. This Agreement may be modified or released in writing by the following: (i) then owners of the Property AND (ii) approval by the City Commission at a public hearing, subject to the approval of the City Attorney as to legal form, or their respective designees or successors, upon the demonstration and affirmative finding that the same is no longer necessary. In the event the restaurant use at the Property ceases, as evidenced by a lack of Certificate of Use, this Agreement shall be null and void with no further action required. • Submitted into the publi record for itei on 'Ilirr�� ti,3 City Clerk Tasal, LLC Restrictive Covenant D. 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. E. 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. F. 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. G. Recording. This Declaration shall be recorded in the Public Records of Miami - Dade County at the Owners' expense. The City of Miami City Attorney at 444 SW 2nd Avenue, Miami, Florida 33130, shall be furnished a copy within thirty (30) days of recordation. [Signature Page to Follow] Submitted into the publi�� record on \\ 1, 9L-1 1— City Clerk Tasal, LLC Restrictive Covenant Signed, witnessed, executed and acknowledged this day of , 2017. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE Tasal, LLC, a Florida limited liability company By: Name: Title: The foregoing instrument was acknowledged before me this day of , 20I7 by , who is personally known to me, or has produced , as identification and she acknowledged before me that he executed the same, freely and voluntarily, for the purposes therein expressed. Name: Notary Public, State of Commission No. Tasal, LLC Restrictive Covenant APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning and Zoning Department Submitted into the public record for ite (s P2, 3 °n 11 1 I %I ' I . City Clerk r Tasal, LLC Restrictive Covenant Exhibit A The Property PARCEL 1: Submitted into the public record 1f`o�iti Mari Q � 5 on 00 / CityClerk Tract A of KREIDT:AND SUBDIVISION, a subdivision according to the Plat thereof, as recorded In Plat Book 1.02, Page 93, of the Public Records of Mlarnl-Dade County, Florlda, PARCEL 2: The North one-half of the following described parcel: Beginning at a point where the North line of Lot 8, Block 5, SOUTH CITY OF MIAMI, as recorded In Plat Book B, Page 11, of the Public Records of Mlarnl-Dade County, Florida, produced East, Intersects the Easterly line or South River Drive; thence run Southeasterly along the said Easterly line of South River Drive for a distance of 158.8 feet to the Scuthwest comer of this lot; thence run East atom] a Ilne parallel with the said North line of said Lot 8, produced East to the Miami River; thence run Northwesterly along the said Miami River to the intersection of the saki Miami River with the said North line of said Lot 8 produced East; thence run West along said North line of said Lot 8 produced East, for a distance of 126 feet, more or less, to the Point of Beginning, with all reparlan rights together with all submerged lends lying between this tract and the channel of the Miami River; being that certain lot of land lying between South River Drive and the Miami River and bounded by the North line of Lot 8, Block 5, MIAMI SOUTH produced East, and the South line of said Lot Et, 13lnck 5 MIAMI SOUTH produced East. PARCEL 3: The South one-half of the following described parcel: Beginning at a point where the North line of Lot 8, Block 5, SOUTH CITY OF MIAMI, as recorded in Plat Book 13, Page 41, of the Public Records of Miami -Dade County, Florida, produced East, intersects the Easterly Ilne of South River Drive; thence run Southeasterly along the said Easterly line of South River Drive for a distance of 158.8 feet to the Southwest corner of this lot; thence run East along a line parallel with the said North line of said Lot 8, produced East to the Miami River; thence run Northwesterly along the said Mlaml River to the intersection of the said Miami River with the said North line of said Lot 8 produced East; thence run West dlortg said North line of said Lot 8 produ,:ed East, for a distance of 126 feet, more or less, to the Point of Beginning, with all reparlan rights together with all submerged lands lying between this tract and the channel of the Miami River; being that certain lot of land lying between South River Drive and the Miami River ono bounded by the North line of Lot 8, Bieck 5, MIAMI SOU IH produced Feist, .ind the South lute of said I_nt 8, Hock 5 MIAMI SOUTH produced Cast.