HomeMy WebLinkAboutSubmittal-Iris Escarra-Exhibit BSubmitted into the publiQ record foy ite (s) Vl.
Z
on IL 1141 . City Clerk
PZ 26
This instrument prepared bv. and after recording return to:
Name: Iris V. Escarra, Esq.
Address: Greenberg Traurig, P.A.
333 SE 2nd Avenue
Miami, Florida 33131
I S[+ace resen.ed for Clerk of Court
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of , 2017, by 14th Street Development, LLC, a Florida limited
liability company, (the "Owner"), in favor of the City of Miami, Florida, a municipality of the
State of Florida (the "City").
WITNESSETH:
WHEREAS, Owner holds fee-simpl title to certain property in the City of Miami,
Florida, 1441 N Miami Avenue, 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 a mixed -use residential building
with approximately 457 residential units and with a 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
WHEREAS, Owner has agreed to satisfy the Public Benefits Bonus in accordance with
Miami 21 Section 3.14.4 (a)(1) I with the reservation of at least (a) ten percent (10%) of the total
number of residential units on the Property as workforce housing units, if the residential units are
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 he allowed two square feet of additional area up to the bonus
I Icight and FLR as described in Section 3.14.1.
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Submitted into the
e publ �. ?A)on record J 4 rp'(�
on f City Clerk
14th Street Development, LLC Public Benefits Covenant
sold as condominium units, or (b) fourteen percent (14%) of the total number of residential units
on the Property as workforce housing units if the residential units are leased to tenants as an
apartment building; and
WHEREAS, workforce housing units shall be as defined in City Code Section 13-52 (the
"Units for Workforce Housing"); and
WHEREAS, Owner shall designate the specific Units for Workforce Housing and
identify the maximum purchase price(s) and/or maximum rental amounts through a workforce
housing covenant (the "Workforce Housing Covenant") to be recorded at such time as the Units
for Workforce Housing are identified, which must be no later than the completion of the design
of the building; and
WHEREAS, upon recordation of the Workforce Housing Covenant identifying the
specific Units for Workforce Housing, all other Property shall be released from this Declaration.
NOW, THEREFORE, Owner voluntarily covenants and agrees that the Property shall be
subject the following covenants that are intended and shall be deemed to be covenants running
with the land and binding upon the Owner of the Property, its successors in interest, heirs, 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.
II'orkforce 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.
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Submitted into the pub Z l
record fot ite , l)
on It 114 /I City Clerk
14th Street Development, LLC Public Benefits Covenant
2. Public Benefit Program: Workforce Housing Restriction. 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 consistent 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 to a household with an income in excess of 140% of the area median income of
Miami -Dade County as determined by the Department of Community and Economic
Development. Upon recordation of the Workforce Housing Covenant identifying the specific
Units for Workforce Housing, all other Property shall be released from this Declaration.
3. Effective Date. This instrument shall constitute a covenant running with the title
to the Property and be binding upon Owner, its successors, heirs, and assigns upon recordation
by the Owner in the 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 Covenant. 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,
heirs 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 pursuant to this Declaration prior to the expiration
thereof. However, use restrictions regarding Units for Workforce Housing shall not exceed
thirty (30) years, commencing from the date of the Close -Out of the Project, which is in
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Submitted into the public
��record for i teni(s)
on it t{ JJ II City Clerk
14th Street Development, LLC Public Benefits Covenant
accordance with Florida Statute 420. Close -Out of the Project is defined as the date on which the
Project has obtained all of the required Certificate(s) of Occupancy and all Public Benefits Bonus
assisted Units have been leased to eligible tenants.
5. Applicable Law. The restrictions within this Declaration on the part of the
Owner are being made under the applicable laws of the City and of the State of Florida at the
time of the Effective Date.
6. Governing Law. The Agreement shall be construed in accordance with the laws
of the State of Florida and any proceedings arising between the parties in any manner pertaining
or relating to this Agreement shall, to the extent permitted by law, be held in Miami -Dade
County, Florida.
7. Inspection and Enforcement. 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. Each party shall bear their own attorney's fees.
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Submitted into the public
for ite (s)
on 1 4 /14 (I'1 . City Clerk
14`h Street Development, LLC Public Benefits Covenant
8. Amendment and Modification. 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. All costs associated with all public hearings shall be paid by the Owner. Any
amendment or modification approved by the City Commission shall be executed by the City
Manager, or his authorized designee, and be in a form acceptable to the City Attorney.
9. 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,
10. Recording. 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 certified copy
of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of
recordation.
11. No Vested Rights. Nothing in this covenant shall be construed to create any
vested rights whatsoever for the Owner, its successors, heirs, and assigns.
SIGNATURE PAGES TO FOLLOW
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Submitted into the public
record for iten1(s) Q',, tt
on 11, IP } � 1 . City Clerk
le Street Development, LLC Public Benefits Covenant
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
, 2017.
Witnessed by: 14th Street Development, LLC,
A Florida limited liability company
By:
Name: Terry Wellons, Authorized Manager
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2017 by Terry Wellons, of 14t11 Street Development, LLC. 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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14°i Street Development, LLC 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
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Submitted into the public
record foi itei (s v2. 7, 6
on 11, l ig tri . City Clerk
141h Street Development, LLC Public Benefits Covenant
Exhibit "A"
LEGAL DESCRIPTION:
Lot 2 in t3lccr. 16, "NORTH MtAMI", (also known oe ROBBINS, GRAN-4A ANO CH'LLINGWGRTH
SLB01'l:SIDN) according to the Pot thereof. os recorded -n Plot Book "A", at Page 49 1/2.
of the Public Rocares of Miami-r0ede County, Florida, less the West 10 fent of seid lot 2.
ANC
The West 1/2 of the 10 foot wide allay, vacated and reseeded as o Utility Easement by
the City of Miami Ordinance No. 13492 Reference "iAAS INDEX' 231114, recorded august 2a.
2015 n 0fficicl Records Book 29757, Page 1685 and recorded September 15. 2015 in
Official Records Book 29778, Page 3598, lying edjocent of Lot 2 in Block 15, of NOfxTtt
MI MI, and being bound on the '4orth by an extension of the Northerly boundary tine of
sold Lot 2 in Block 16. to the East by 5 feet and being bound on the South by an
extension of the Southerly boundary line of said Lot 2 in Clock 16, to the East by 5 feet
(oleo known as ROBBINS, GRAHAM AND CH1LLINGWORTH SUBDIVISION), according to the Plat
thereof, es recorded in Prot Book `A", Page 49 1/2, of the Public Records of M0onti-bode
County, Florida.
Lot 3 in Bock 16, "NORTH MfAMI", (also known as ROBBINS, GRAHAM AND CHILLINGWORTH
SUBDIVISION) according to the Pict thereof, as recorded in Plot Book "A, dt Page 49 1/2,
of the Public Records of Miorni-Dade County, Florida, less the West 10 feet of said Lot 3.
AND
The West 1/2 of the '0 foot wide alley, vacated and reserved os a Utility Easement by
the City of Miami Ordinance No. 13492 Reference 'WAS INDEX" 23H14, recorded August 28,
2015 in Official Records Book 29757, Page 1686 and recorded September 16, 2015 in
Official Records Book 29778, Page 3598, lying adjacent of Lot 3 in Block t6, of NORTH
Mi4I.ti, and being bound on the North by on extension of the Northerly boundary lie of
said Lot 3 in block 16, to the East by 5 feet are being bound on the South by an
exter,sSon of the Southerly boundary lire of said Lot 3 in Block 16, to the East by 5 feet
(also known as ROBBINS. ORAF,AM AND CHILLINGW'ORTH SUBDIVISION), according to the Plat
thereof. as recorded in Plot Book "A', at Page 49 1/2, of the Public Records of
Miami -Dade County, Florida.
• • to • a w • • a s s * • •
Lot 6 in Black 16, "NORTH M1AMI', (also known as ROBBINS, GRAHAM AND CHiLLINGWORTH
SUBDIVISION) according to the Plat thereof, as recorded in Plat Book "A', of Pone 49 1/2,
of the Public Records of Miarni--Dade County, Flordo, less the West 10 feet thereof.
AND
The West 1/2 of the 10 foot wide alley,'mooted and reserved os e Utility Easement 'by -
the city of Miami Ordinance No. 13492 Reference ' AS INDEX' 23-114, recorded August 28,
2015 in Official Records Book 23757, Page 1586 and recorded September 15, 2015 in
Official Records Book 29778, Page 3598, lying adjacent of Lot 6 in Sock 16, of NORTH
IAMI, and being bound on the North by an extension of the Northerly baunccry line of
said Lot 6 in Flock 16, to the East by 5 feet and being bound on the South by an
extension of the Southery bourdory line Of said Lot 6 in Block 16, to the East by 5 feet
(else known as ROBBINS, GRAHAM AND CHILLINGWORT SUBDIVISION), according to the Piot
thereof, as recorded in Plot Book "A", Page 49 1/2, of the Public Records of Miarn=-°ade
County, Florida.
. . . • • . s • * . • * . •
Lot 7 and the North 20 feet of Lot 10 in Block 16 of "NORTH MIAMI", (also known ors
RO@B NS, GRAHAM AND CHILL:NGWORrk SUBDIVISION) according to the Plat thereof, es
recorded in Plat Book "A", at Page 49 1/2, of the Public Records of Diann.(• -Dade County,
Florida, less the West 10 feet of said '_tot 7 and further less the West 10 feet of the
North 20 feet of said Lot 10 in Rock 16.
AND
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Submitted into the public
record fo ire �3 �ll
on City Clerk
14th Street Development, LLC Public Benefits Covenant
Submitted into the public
record f r it (s) 1L, L()
on 1 14 1 City Clerk
The Wito 1/.2 of the 10 tool *Aide alley, %waled and t.eeerveiti a Eueement cy
c.ity of Miami crijinence No. 13492 4,eference. -MAS AICE:It" 231114, recon.led Lgust 28.
2015 in OIT-;:ioi hards 5.cok 2-a11157, Page 1656 .7: e it co ed SE pternber IS. 2E1-5
oftkiot Re.:7;orrir. Book. 247'18, Pe 3546, lying adjacent ef Lot 7 ore T7e Nzeir 2C.s; feet of
Lot '9 in Blac5c 16, el NORD'. MAME dna being bOLSCI an the t4orth by on ex-ttneior sf
the Nontherly teaureary iine of *laid Lot 1 ;1- Bleck 16, Id lie East by 15 'pet and being
boLtid an the South by on tonalon of the Soufrierty bcoriddry lire of the North 20 test
of said Lot 10 'it Bio,ak, 16, za the East by 5 feet (deo krcwr c ROBBINS, GPAHA.9 AND
CHILINOWORTh SLIK)MSION), aocording to the Pat therno!'„ es recorded :PI Plat Bock ,11,"
Page 4g v:2, of the Pub 'e Records ef Miarrii-0tecle County. I-4nda.
• ea 4. ***11 ggggg
Lot 15 in Plock 16, "te0971H MtAte, (oleo known as ROBBINS, GRAMMA AND ICHILLINGWORTH
t.:1k.IDDIVIS1,319) accoraing to the Plot thereof, as fe-corded in Pi t Book "A' at Pale 49 1/2,
of the ?Gelid Records af Viarni-Code County, Florida.
ANO
The East /7 of the 10 toet wide ,Syey vacc4nd and reserved as a Isunty Eazerrent by the
City 01 Miami Ord:mends No. 134192 Reference NA5 INDEX" 231114ordata Augtrst 28,
2015 in, 0f9c,Records Book 29/157, Wage 1686 aria recorded Septernae.. 16, 201S In
Officio; Redoras Rook 29778, Page 3598, )riig ddlecent of Lot 5 in 9Ic,ck 1 of N0R111
tlnci bang bound ori the 1.dorth by on extension tit the Northerly boundary tine rat
uold Lot 5 in ‹,-k to the West by 5 feat ono ta•ehlg bound co tte South by an
extern:ion of the itidauthery bouridary af sa5d Lot 5 in 13lock 16, to the West by 5 feet
(deo kreawn ROBBINtS, GRAHAM AND 01ILLN0WORTP 5DE)WISI0N), according to the Plot
theineof, as recorded in Plat Book tat Page 49 1/2. Q f the Pub rie Firth
•Marm-Dade Co4nty, Florida.
• . a * 1* *1 1 *
lot 8 Ti Bknic 15. "NORTH W4,41, (ciso known ROBSN5, GRAHAM AND CHILLINCWORTH
SUBC410510N) according to VIA Ptat litereot. QS recorded ir Plot BaerK "A" 01 Pose 49 1/2,
S" tee Public Rt...ecde 01 teicrrii-Ceede Cok,irty, Florida,
ANC,
The. Ear$ 1/2 ai the 10 foot wide ally. vacated ond reserved as 41 Utility Easetrielt ty the
Zity of C‘ed^narcolN ISAg2 4eferenrte 1,1A.S C.EX" 231-114, recorded Auquet
015 in crul Reccrds Book 29751, Pautt 'ME id recorded September 16, 2015 ;n
Off: i I Re=Nrcia Roc29178, Page 3745, ty,r1c r,ljacert ,rt in Block 113, of NQ9IH
MIAMI, arid being boand or, the No-tby ea extent-len o' the Northe-tty bndretry lir.4
5r.o.dr Lot 5 n 131-cnic 16, to the West by 5 feet ord being bound on the South by an
extension; ut the South-If...6y boundary line ot said Lot 8 ";ti Btr,Kk 16, to the West by 5 lee
(also knoen as ROBBINS, (R_AH.4.19 AND ClelittINGWCPTH SLIRFAVISICN), caw&ng to the Plot
thereof, as re.c.:onded in Piet Bob.: "A" ct Page 49 1/2, el' the Public Recortta of
catirty, erica
▪ .17.• *1 • 4. •
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Submitted into the public
record forite (s) Q Z,,
on It���`� . City Clerk
le Street Development, LLC Public Benefits Covenant
s s a ♦ s ♦ • • . ♦ . . . .
Lot l irr Wit: 18. "KRTH MIJAtr. (oleo 1s'►awn as ROO8*4S Akt At4D CHtUJWG VRT14
St,►t10MSt0N) oc r ordeQ to t • Prat tlwee. cte recorded iA Pbt "A" at Pogo 49 1/2,
of the Pubic Retard* of Mom —Dodo County. Florida.
The East 1/2 of tho 10 font weds *Noy, vacated and rsefrwed as a tftii r EOse:riont by the
City of fifiarni Orcknonce Na. 13492 Reference 14AS NOW 23M14, i+scordeld August 28,
2015 in Official Rsoards Bock 29757. Page 1656 and recorded Suptsrr+ber 16, 2015 In
Official Records 80+* 2977e, Page 3596, tyfno adjacent of Lot 9 +r1 sock its, of NORTH
MAW, and bat _Wind on ttte North by an extension of ths Northerly boundary ling of
said Lot 9 in MOO. t 1 , to rho tit by 0 feet and WAN bound ear +rho Sow by +m
eder4Pon of the Southerly beendory tine of said Lot 9 In Mock 16, to Vie west by 5 foot
Ora noon cse ROOMS, cRM AM IWO 0421310VORTH SUMMON), *cor'+dk'+q to t o Pot
ttteroot as ricorrasd In Mat Soak "A` ot Pao' 49 1/L of the Nato Records of
Wong Dodo County, for °.
Lot 12 in sock 1e. Nf m 1i1AMW ; (coo knot a oe R00E045. fRMMI MO CHILLI CRVORTH
SU90N:SICN +ac oordng to t*'!s Plot th* of, as recorded in Plat Gook"A" ot Page 49 1/2.
of the Pub* Recorder of k:lorrti—QeM Coin I'. Ao$ds.
The East 1/2 of the 10 foot old* alley, vacfartiid and reserved cs 0 Easement by rho
C11yr of Word Orcfnonce No. 13492 Reference ' MS tt 231114. recorded Attq *t 28.
2015 in Official Records gook 29757, Page 1688 and recorded September 16. 2015 in
Cylflc vi Reteyr 3* Bonk 29778. Pie 3598. )ying odjacont of Lot 12 14 Stock 16. of NORTH
MiA11M or4 bolg. bovnd an the NOM by on irstinsIon 0f toe Northtfty barmdary lbw of
add Let 12 In 18, to the West by 3 foot and bed bound on trio South fry an
soiree of the Sostivefty baundo y $no of *cad tot 12 In Mode 18, to the West by 5 feet
OW known as ROMANS. GRAHAM M1D C liCitOitat StM0140304), ocooren9 to a wort
thereof. as recorded in Plot Boats "A" at Pogo 49 1/2. of the Putt Records of
1.Sor tt—Dos Coot+*. florlda:
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