HomeMy WebLinkAboutExhibit B SUBPrepared by:
Name: William W. Riley, Jr., Esq.
Riley 1 Villa Attorneys at Law
Address: 1671 NW 16 Terrace
Miami, Florida 33125
After recordation, Send Certified Copy to:
Zoning Administrator
444 SW 2"a Avenue,
4th Floor
Miami, FL 33130
THIS DOCUMENT IS A SUBSTITUTION.
ORIGINAL CAN BE SEEN AT THE END
OF THIS DOCUMENT.
DECLARATION OF RESTRICTIVE COVENANTS
(Affordable and/or Senior Housing and Workforce Housing Use Restriction)
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration"), made this
29th day of January, 2018, in favor of the City of Miami, Florida ("City").
WITNESSETH:
WHEREAS, the undersigned Owners ("Owners") hold fee simple title to certain
properties in the City of Miami, Florida, located at 40 and 36 NW 8 Avenue; 824, 826, 834, 842,
852, 860, 868, and 876 NW 1 Street; and 29 NW 9 Avenue, Miami, Florida, legally described in
Exhibit "A" attached hereto and made a part (collectively referred to hereinafter as the
"Property");
WHEREAS, the Owner is desirous of making a binding commitment to assure that the
Property shall be maintained in accordance with the provisions of this Declaration.
NOW, THEREFORE, the Owners voluntarily covenant and agree that the Property
shall be subject to the following restrictions that are intended and shall be deemed to be
covenants running with the land and binding upon the Owners, its successors in interest, heirs,
vendees, and assigns, as follows:
File No 3148
THIS DOCUMENT IS A SUBSTITUTION.
ORIGINAL CAN BE SEEN AT THE END
OF THIS DOCUMENT.
1. Recitals. The recitals and findings set forth in the preamble of this Declaration
are true and correct and are hereby adopted by reference thereto and incorporated herein as if
fully set forth in this Section.
2. Use. Future use of the Property shall be restricted to a single, uniform
development program. The proposed development program is intended to include one or more,
but is not specifically limited to, the following uses: (1) general retail, (2) retail grocery, (3)
residential and (4) customary ancillary uses including off-street parking. In the event that the
Owners seek development incentives pursuant to Section 3.15, Article 3 of the Miami 21 Zoning
Code, as amended, then Owners shall commit all residential units within the development
program as affordable and/or senior housing and workforce housing. As used herein, the terms
"affordable housing" and "workforce housing" shall have the same meaning as set forth in
Section 1.2, Article 1 of the Miami 21 Zoning Code, as amended, and by any successor Zoning
Ordinance of the City, as applicable.
3. Affordable Housing Contribution. Owners have voluntarily proffered a
monetary contribution to the City in the amount of five hundred thousand ($500,000.00) dollars
as a funding source to improve the affordable housing stock within the City's jurisdictional
boundaries. The monetary contribution, which the City has agreed to accept, shall be paid by
Owners to the City prior to site plan approval for the Property. This contribution shall be payable
from Owners to the City's Affordable Housing Trust Fund and the use of said funds shall be
restricted to the geographical boundaries of District 3 of the City of Miami. The City may, at its
sole discretion, reappropriate said funds to City depai linents and/or agencies created in the future
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ORIGINAL CAN BE SEEN AT THE END
OF THIS DOCUMENT.
to address the affordable housing needs within District 3 of the City, such as but not limited to an.
Affordable Housing Department.
4. Covenant Running with the Land. This instrument shall constitute a covenant
running with the land and shall be made binding upon Owners, their successors and assigns.
These restrictions shall be a limitation upon all present and future Owners of the Property.
5. Effective. This instrument shall become binding on the Property upon
recordation in the Public Records of Miami -Dade County, Florida. The Owner shall promptly
record this instrument within ten (10) days of acceptance by the City at their cost and expense
and provide a certified copy of the recorded instrument to the City of Miami Office of the
Zoning Administrator, 444 SW 2nd Ave, 4th Floor, Miami, Fl. 33130 within ten (10) days of
recordation.
6. Term of Covenant. This voluntary covenant on the part of the Owners shall
remain in full force and effect and shall be binding upon the Owners of the Property, its
successors in interest and assigns and shall be binding upon them 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.
7. Inspections and Monitoring. 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 to determine whether the conditions of
this Declaration and the requirements of the City's building and zoning regulations are being
complied with.
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THIS DOCUMENT IS A SUBSTITUTION.
ORIGINAL CAN BE SEEN AT THE END
OF THIS DOCUMENT.
8. Enforcement. An action to enforce the terms and conditions of this Declaration,
including failure to record the Declaration, may be brought by the City of Miami 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 City Code, 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. Each party shall bear their own attorney's
fees.
9. Modification, Amendment, Release. This Declaration of Restrictions may be
modified, amended or released as to the land herein described, or any portion thereof, by a
written instrument, in recordable form, executed by the then owner(s) of the Property, approval
of the City Zoning Administrator, and approved by the City Attorney as to legal form and
correctness. Any modification, amendment or release shall include the signatories included in
this section and be recorded in the Official Public Records of Miami -Dade County, Florida to be
valid and effective.
10. 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.
11. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Owners, no later than ten days after acceptance
by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department
of Hearing Boards within ten (10) days of recordation. In the event a court of competent
jurisdiction rescinds or quashes this approval, it is expressly understood that this Declaration is
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ORIGINAL CAN BE SEEN AT THE END
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void and of no legal force and effect and that the Owner and/or his assigns and successors may
file and record any documents which are necessary to void the legal effect of this Declaration.
[Signatures on the Following Pages]
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ORIGINAL CAN BE SEEN AT THE END
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IN WITNESS WHEREOF, the undersigned has duly executed this Declaration this 29th
day of January, 2018
TWO WITNESSES FOR EACH OWNER(S): OWNER
By: By:
Print Name:
Print Name:
By:
Print Name:
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 29th day of January, 2018 by
(S)He personally appeared before me, is [ ] personally
known to me or [ ] produced as identification.
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
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Address: 40 NW 8 Avenue
Folio Number#: 01-4138-003-3040
Address: 36 NW 8 Avenue
Folio Number#: 01-4138-003-3050
Address: 26 NW 8 Avenue
Folio Number#: 01-4138-003-3060
Address: 824 NW 1 Street
Folio Number#: 01-4138-003-3070
Address: 826 NW 1 Street
Folio Number#: 01-4138-003-3080
Address: 834 NW 1 Street
Folio Number#: 01-4138-003-3090
Address: 842 NW 1 Street
Folio Number#: 01-4138-003-3100
Address: 852 NW 1 Street
Folio Number#: 01-4138-003-3110
Address: 860 NW 1 Street
Folio Number#: 01-4138-003-3120
Address: 868 NW 1 Street
778477
THIS DOCUMENT IS A SUBSTITUTION.
ORIGINAL CAN BE SEEN AT THE END
OF THIS DOCUMENT.
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THIS DOCUMENT IS A SUBSTITUTION.
ORIGINAL CAN BE SEEN AT THE END
OF THIS DOCUMENT.
Folio Number#: 01-4138-003-3130
Address: 876 NW 1 Street
Folio Number#: 01-4138-003-3150
Address: 29 NW 9 Avenue
Folio Numbei#: 01-4138-003-3140
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EXHIBIT B SUBSTITUTED
Prepared by:
Name: William W. Riley, Jr., Esq.
GrayRobinson, P.A.
Address: 333 SE 2nd Avenue, Suite 3200
Miami, Florida 33131
After recordation, Send Certified Copy to:
Zoning Administrator
444 SW 2nd Avenue,
4th Floor
Miami, FL 33130
DECLARATION OF RESTRICTIVE COV .t'ANTS
(Affordable and/or Senior Housing and Workforce Ho ing Use Restriction)
THIS DECLARATION OF RESTRICTIVE COVE ANTS (the "Declaration"), made
this day of , 2017, in favor of the City +f Miarni, Florida.
WITNESS TH:
WHEREAS, the Owner hold fee simple ° tle to certain property in the City of Miami,
Florida, located at 40 and 36 NW 8 Avenue; 24, 826, 834, 842, 852, 860, 868, and 876 NW 1
Street; and 29 NW 9 Avenue, Miami, Fl ♦" ida, legally described in Exhibit "A" attached hereto
and made a part (the "Property"), and so known as:
Plea see Exhibit "A" for Legal Description
WHEREAS, the Own-, is desirous of making a binding commitment to assure that the
Property shall be maintain- t in accordance with the provisions of this Declaration.
NOW, THERE TORE, the Owner voluntarily covenants and agrees that the Property shall
be subject to the f lowing restrictions that are intended and shall be deemed to be covenants
running with " Y. land and binding upon the Owner(s), its successors in interest, heirs, vendees,
and assigns . as follows:
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1. Recitals. The recitals and findings set forth in the preamble of this Decl{ ation
are true and correct and are hereby adopted by reference thereto and incorporated ;rein as if
fully set forth in this Section.
2. Use. Future use of the Property shall be restricted to single, uniform
development site with use of the first two floors restricted to one or mor of the following: (1)
neighborhood retail establishments, (2) off-street parking and (3) affordable and/or senior
housing and workforce housing. Uses above the second floor shall i e restricted to one or more of
the following: (1) off-street parking and (2) affordable and/.r senior housing and workforce
housing. As used herein, the terms "affordable housing"
same meaning as set forth in Section 1 2, Article 1 o
and by any successor Zoning Ordinances
"workforce housing" shall have the
e -Miami 21 Zoning Code, as amended,
;as applicable.
3. Covenant Ruwith the L.4 . -This :instrument -shall constitute a covenant
running with the land .and shall he':rnade .inding'`upon Owners, their successors and assigns.
on.all present and future Owners of the Property.
These restrictions :shall be a lirnitation
Effectiv'
recordation in the Public Rec
instrument +shall become binding on the Property upon
ds of Miami -Dade County, Florida. The Owner shall promptly
record this instrument at eir cost and expense and provide a certified copy of the recorded
instrument to the City
Office of the Zoning Administrator, 444 SW 2"d Ave, 4th Floor,
Miami, Fl. 33130 ithin thirty (30) days of execution.
4. erm of Covenant. This voluntary covenant on the part of the Owners shall
remain in 11 force and effect and shall be binding upon the Owners of the Property, its
successors in interest and assigns and shall be binding upon them for an initial period of thirty
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(30) years from the date this instrument is recorded in the public records an shall be
automatically extended for successive periods of ten (10) years, unless modifies, amended or
released prior to the expiration thereof.
5. Inspections and Monitoring. It is understood and agr>ed that any official
inspector of the City of Miami may have the right at any time -during ormal working hours to
enter upon the Property for determining whether the conditions of this Declaration and the
requirements of the City's building and zoning regulations are b ingcomplied with.
6. Enforcement. An action to enforce' to and conditions of this Declaration,
gy ,
including failure to record the Declaration, may be biro , ht by the City of -Miami and may be by
action at law or in equity against' any :party or p son violating or attempting to violate any
covenants of this Declaration or provisions o
either to restrain violations ; or to recover
addition to any other remedies available
fees.
Modification
City Code, building and zoning regulations,
is: enforcement provision shall be in
law. Each party shall bear their own attorney's
ease. This Declaration of Restrictions may be
modified, amended or relea cl as to theland herein described, or any portion thereof, by a
written instrument, :in rec.rdable-form, executed by the then owner(s) of the Property, approval
of the City Zoning
dninistrator, and approved by the City Attorney as to legal form and
correctness. Any odification, amendment or release shall include the signatories included in
this section 4 be recorded in the Official Public Records of Miami -Dade County, Florida to be
valid and = fective.
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8. Severability. Invalidation of any one of these covenants by judgment o. Court
shall not affect any of the other provisions of this Declaration, which shall remain i full force
and effect.
9. Recording. This Declaration shall be filed of record among th ublic Records of
Miami -Dade County, Florida, at the cost of the Owners, no later than thi , days after approval.
In the event a court of competent jurisdiction rescinds of quashes t approval, it is expressly
understood that this Declaration is void and of no legal force d effect and that the Owner
and/or his assigns and successors may file and record any doe
the legal effect of this Declaration.
[Signatures on the
ents which are necessary to void
IN WITNESS; WHEREOF, t undersigned has duly executed this Declaration this
day of
TWO WITNESSES FORE II OWNER(S): OWNER
By: By:
Print Name:
Print Name:
By:
Print Na e:
77.F 477 Page 4 of 7
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE
SUBSTITUTED
The foregoing instrument was acknowledged before me this th y of [Month], 2017
by . (S)He personally appeared befor-. e, is [ ] personally
known to me or [ ] produced as iden fication.
Name:
NotaryPublic, ?' ate of Florida
(oinmission ?«o.
My commi ion expires:
EXHIBIT
LEGAL DESCRIPTI�
[Legal description of the Prope
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Address: 40 NW 8 Avenue
Folio Number#: 01-4138-003-3040
Address: 36 NW 8 Avenue
Folio Number#: 01-4138-003-3050
Address: 26 NW 8 Avenue
Folio Number#: 01-4138-003-3060
Address: 824 NW 1 Street
Folio Number : 01-4138-003-3070
Address: 826 NW 1 Street
Folio Number#: 01-4138-003-3080
Address: 834 NW 1 Stree
Folio Number#:01-4138-003 3
Address: 842 NW
Folio Number#: 01-413
Address: 852 N- .' 1 Street
Folio Number#:. 1 4X.3`8=003-3110
Address: 60 NW 1 Street
Folio Nu f bex#: 01-4138-003-3120
Address: 868 NW 1 Street
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Folio Number#: 01-4138-003-3130
Address: 876 NW 1 Street
Folio Number#: 01-4138-003-3150
Address: 29 NW 9 Avenue
Folio Numbeill: 01-4138-003-3140
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This instrument was prepared by:
Name: William W. Riley, Jr., Esq.
GrayRobinson, P.A.
Address: 333 SE 2nd Avenue, Suite 3200
Miami, Florida 33131
(Space reserved for Clerk)
Parcel ID:
COVENANT IN LIEU OF UNITY OF
ITLE
WHEREAS, Riverwest Miami LLC, a foreign;.limited ha lity company ("Owner"), owns
the properties (collectively referred to as the "Property") egally described as:
1. The address of which is 40 NW 8 Avenue, NI rni' Florida, and;
a. Folio Number 01-4138-003 3040.. d Legal Description attached hereto as
Exhibit "A"
2. The address of which is 36 NW 8
orida, and:
a. Folio Number 01:4138- 13-305.4and Legal Description attached hereto as
Exhibit "A"
NW 1 Street , Miami, Florida, and;
-4138-003-3070 and Legal Description attached hereto as
4. The addressof ich is;826 NW 1 Street, Miami, Florida, and;
a. Folio. `Um l er 01-4138-003-3080 and Legal Description attached hereto as
E it "A'
5. The adess of which is 834 NW 1 Street, Miami, Florida, and;
. Folio Number 01-4138-003-3090 and Legal Description attached hereto as
Exhibit "A"
6 The address of which is 842 NW 1 Street, Miami, Florida, and;
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a. Folio Number 01-4138-003-3100 and Legal Description attached hereto
Exhibit "A"
7. The address of which is 852 NW 1 Street, Miami, Florida, and;
a. Folio Number 01-4138-003-3110 and Legal Description attach- i hereto as
Exhibit "A"
8. The address of which is 860 NW 1 Street, Miami, Florida, and;
a. Folio Number 01-4138-003-3120 and Legal Descripti► attached hereto as
Exhibit "A"
9. The address of which is 868 NW 1 Street, Miami, Florid.; and;
a. Folio Number 01-4138-003-3130 and Legal +escription attached hereto as
Exhibit "A"
10. The address of which is 876 NW 1 Street, Mia ,i, Florida, and;
a. Folio Number 01-4138-003-3150 a d Legal Description attached hereto as
Exhibit "A"
11. The address of which is 29 NW 9 Av ue, Miami, Florida, and;
a. Folio Number 01-4138-0 -3140 and Legal Description attached hereto as
Exhibit "A"
In consideration of the issuance of remits for the Property and for other good and valuable
consideration, the receipt and suf ciency of which are hereby acknowledged, Owner hereby
agrees to restrict the use of the bject property in the following mariner:
That the Property shall be rnsidered as one plot and parcel of land and that no portion of
said plot and parcel of 1 d shall be encumbered, mortgaged, sold, transferred, divided,
conveyed, devised or a . igned separately, except in its entirety as one plot or parcel of land.
Covenant Runnin__ ith the Land. This Unity of Title on the part of the Owner shall
constitute a cove : t running with the land and shall be recorded, at the Owner's expense,
in the public reci rds 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 ame is modified or released. The City of Miami Office of Zoning shall be
promptly rnished with a recorded copy of this Declaration within thirty (30) days of
recordi
Te This Unity of Title is to run with the land and shall be binding on all parties and all
p-: sons claiming under it for a period of thirty (30) years from the date this Unity of Title is
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recorded after which time it shall be extended automatically for successive periods of to
(10) years each, unless an instrument signed by the, then, owner(s) of the Property has be n
recorded agreeing to change the covenant in whole, or in part, provided that the Uni. of
Title has first been modified or released in writing by the City of Miami.
Modification, Amendment, Release. This Unity of Title may only be modified, .R ended or
released as to the Property, or any portion thereof, by a written instrument exec ted by the,
then, owner(s) of the Property, including joinders by all mortgagees, if anyprovided that
the same is also approved in writing by the Zoning Administrator and the ' ity Attorney, as
to legal form.
Authorization for the City to Withhold Permits and Inspections. I he event the terms of
this Unity of Title are not being complied with, in addition to any. ether remedies available,
the City is hereby authorized to withhold any further permi .:, and refuse to make any
inspections or grant any approvals, until such time as this Uri' - of Title is complied with.
Election of Remedies. All rights, remedies and privileges ranted herein shall be deemed to
be cumulative and the exercise of any one or more sha - neither be deemed to constitute an
election of remedies, nor shall it preclude the party ex T cising the same from exercising such
other additional rights, remedies or privileges.
Severability. Invalidation of any one of these ovenants, by judgment of Court, shall not
affect any of the other provisions which shal, emain in full force and effect.
(THE REMAINDER OF TH s PAGE WAS INTENTIONALLY LEFT BLANK)
Signed, witnessed, executed and acknowledged on this day of
20_, at Miami, Florida.
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Riverwest Miami LLC
By: Alan Amdur, Manar
WITNESS:
Print Name Signa
Print Name Signature
(TWO WITNESSE OR EACH PERSON SIGNING).
(STATE OF FLORIDA)
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(COUNTY OF MIAMI DADE)
I HEREBY certify that on this day before me, a Notary Public duly authori d in the state
and county named above to take acknowledgement, perso f ally appeared
to be well own to be the
person(s) described in and who executed the foregoing instrument and knowledged to and
before me that they executed said instrument under oath and fothe purposes therein
expressed.
WITNESS my hand official seal in the county and state name hove this day
of , 20 .
Notary Public, State of Florida at Large
My commission expires:
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Approved:
Devin Cejas
Zoning Administrator
Approved as to Legal Form:
Victoria Mendez, Esq,
City Attorney
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Exhibit "A"
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