Loading...
HomeMy WebLinkAboutExhibit B - SUBTHIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL CAN BE SEEN AT END OF THE DOCUMENT. This instrument was prepared by and after recordation return to: Melissa Tapanes Llahues, Esq. Bercow Radell Fernandez & Larkin, PLLC 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANT This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2018, by Allapattah Ventures, LLC (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within Miami -Dade County in the State of Florida (hereinafter referred to as the "City"). WHEREAS, the undersigned Owner holds fee simple title to certain real property located at 1392 NW 36 Street, 1385 NW 35 Street and 1373 NW 35 Street in Miami, Florida, which are identified by Miami -Dade Tax Folio Nos. 01-3126-039-2860, 01-3126- 039-2875, 01-3126-039-2850 and legally described as follows: 1 3 FROCK 15, 'OE At 1r V RAT 0 WESIEND PARK ACCORDING i11 ' L I THEREOF AS WORM 1a PLAT 11s 1T7 ' 6, PAGE 142, ! DIE PUBLIC ORS or 4411 W0400 0UNT) FLORID L . i 14 AND 20, TM 141k,. 1'T111T1I 10 frEF O LOT /0 BLOCK la 06 AMENDED Par or WESTER() PARK,. 46 ORDI 16 TO THE 1 T THE AS RECORDED 1N RAT 600K 6, PAGE 144 TEES MAT PORPON OF LOT t4 .80601YEG TO 111E CITY or ADAM ,WARRANTY DEED RECORDED 1T1£. ` A 1957 IN OFRCIAL RECORDS BOOK 329, PAGE 1 1Z AIL 06 THE AMC RECORDS -or MI.3 11 -1406 arum rtooro , LOTS 1.5. TO 10 17, BLOCK K 1 `, Of AMMO PLAT OF W ` T ; 0 P,,�411 . ACCORDING ro THE. PLAT T THEREOF / EX1ORT10'0 15 RAT T" 800K 6, 84 1 2• TESS ?76I 0 1T1TJ1 OE LOT 15 CONVEYED YED TO 111 my or U1 4T1 BY Et 1 'I"AN Y 0(9 RECORDED JOY9, T9957 1 craw L RECORDS 0/1 329, PAGE112, ALL 0 air P111110 :RECORDS ,E.. 4)! 0.4DE cowry; TL041 4. Hereinafter referred to as the "Property." FILE NO. 3188 Declaration of Restrictive Covenant Page 2 of 8 THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL CAN BE SEEN AT END OF THE DOCUMENT. WITNESSETH WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No. passed and adopted on , which Ordinance is deemed as being incorporated by reference herein for the Property; and WHEREAS, the Owner is desirous of making a voluntary and informed binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein. NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner of the Property, and their heirs, successors and assigns as follows: Section 1. 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. Section 2. The Owner hereby makes the following voluntary declarations running with the land concerning the use of the Property: A. The Property is intended to be developed as a phased project together with the parcels under common ownership and identified by Miami -Dade Tax Folio Nos. 01-3126-039-2870; 01-3126-039-2880; and 01-3126-039-2890 (together with the Property, the "Project"). B. Primary vehicular access to the Project shall not be provided along NW 35th Street so long as the properties to the south are zoned T-3 or below, with Secti on -Township -Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 Declaration of Restrictive Covenant Page 3of8 THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL CAN BE SEEN AT END OF THE DOCUMENT. the exception that parking for the townhouses may be provided along NW 35th Street. C. The Property shall incorporate townhouses along the NW 35th Street frontage in order to buffer the residential neighborhood to the south of the Property. D. The Project shall be developed as either an "Affordable Housing Development" or an "Attainable Mixed -Income Housing Development", as such terms are defined in Miami 21 and satisfying the certification requirements set forth in Section 3.15.1 and 3.15.2, respectively, of Miami 21. In the event an "Affordable Housing Development" or "Attainable Mixed - Income Housing Development" is not developed on the Property, the Property shall be developed according to the T5 zoning transect regulations. E. However, notwithstanding Subparagraph D above, in the event that between June 1, 2017 and December 31, 2022, the Owner, successor(s), or assigns (including contract purchasers) submit at least five (5) Low Income Housing Tax Credit ("LIHTC"), State Apartment Incentive Loan ("SAIL") and/or tax exempt bond financing applications to Florida Housing Finance Corporation ("FHFC") for the Project, and the applications do not result in a financing allocation by FHFC, the Property may be developed according to the T6-8-O transect regulations so long as Five Thousand Dollars ($5,000) per net incremental unit developed by virtue of the T6-8-O rezoning or the amount required by the City's Public Benefits Program, Section -Township -Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 Declaration of Restrictive Covenant Page 4 of 8 THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL CAN BE SEEN AT END OF THE DOCUMENT. whichever is greater, is contributed to the Affordable Housing Trust Fund. The amount required by the City's Public Benefits Program shall be determined based on the net square footage of each net incremental unit developed by virtue of the T6-8-O rezoning, pursuant to Section 3.14.4.a.3 of Miami 21. Section 3. Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property that shall be binding upon Owner, its heirs, successors and assigns. These restrictions shall be a limitation upon all present and future Owners of the Property and shall be for the public welfare. Section 4. Term. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, 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 successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. Section 5. Applicable Law & Venue; Attorney's Fees. Florida law will apply to interpretation of this Declaration. Venue in any civil actions arising under this Declaration shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees and costs. Section 6. Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed Section -Township -Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 Declaration of Restrictive Covenant Page 5 of 8 THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL CAN BE SEEN AT END OF THE DOCUMENT. by the then Owner(s) of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami Planning, Zoning and Appeals Board after a public hearing which public hearing shall be applied for at the sole cost and expense of the Owner. Upon approval of such modification amendment or release as specified herein, the Director of the City of Miami's Planning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Such written instruments shall be in a form acceptable to the City Attorney. Section 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 to enter upon the Property for the purpose of determining whether the conditions of this Declaration are being complied with. After notice and an opportunity to cure, an enforcement action may be brought by the City by action in 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. Section 8. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full force and effect. Section 9. Recording. This Declaration shall be promptly filed and recorded by the Owner in the Public Records of Miami -Dade County, Florida at the sole cost of the Section -Township -Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 Declaration of Restrictive Covenant Page 6 of 8 THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL CAN BE SEEN AT END OF THE DOCUMENT. Owner, within ten (10) days of its acceptance and execution. The City of Miami Planning and Zoning Director shall be furnished a recorded copy by the Owner within thirty (30) days of this Declaration being recorded. [Signature Pages to Follow] Section -Township -Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 in the County and State aforesaid. My Commission Expires: Declaration of Restrictive Covenant Page 7of8 2018. THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL CAN BE SEEN AT END OF THE DOCUMENT. ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of WITNESSES: OWNER: Signature Print Name Allapattah Ventures, LLC Name: Title: Signature 150 SE 2ND AVE., STE. 800 MIAMI, FL 33131 Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by , the MGR of Allapattah Ventures, LLC, on behalf of the limited liability company. He is ❑ personally known to me or ❑ has produced , as identification. Witness my signature and official seal this day of 2018, Notary Public State of Florida Print Name Section -Township -Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 Declaration of Restrictive Covenant Page 8 of 8 Approved as to Planning and Zoning: THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL CAN BE SEEN AT END OF THE DOCUMENT. Francisco Garcia, Director, Planning and Zoning Department Approved as to Legal Form: Victoria Mendez, City Attorney Section -Township -Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 SUBSTITUTED. This instrument was prepared by and after recordation return to: Melissa Tapanes Llahues, Esq. Bercow Radell Fernandez & Larkin, PLLC 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIV% COVENANT This Declaration of Restrictive Covenants (thy "Declaration") made this day of , 2018, by Allapattah Vent;res, LLC (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIA r FLORIDA, a municipality located within Miami -Dade County in the State of Florid (hereinafter referred to as the "City"). WHEREAS, the undersigned wner holds fee simple title to certain real property located at 1392 NW 36 Street, 13 5 NW 35 Street and 1373 NW 35 Street in Miami, Florida, which are identified by M..mi-Dade Tax Folio Nos. 01-3126-039-2860, 01-3126- 039-2875, 01-3126-039-2850 a legally described as follows: Lggg1g7ryg LOCK1: tors 14 AND „ 1755 ACCORDING IN 10 THE PIA' C0N' EYSO 10 T7.17 C'TTir Cl, PAGE1 12,, ALL OF.THE N LOTS / 5, 16 AND 1 4ECORDET) IN PIAT WARRANTY to RE 1 L:COA O > OF MIA Hereinaft 7OE AT or wz ;1 rNt) PARK, ACCO?P1 {d ` 1p MC PLAT I?-tERCOF REGDRV70 IN L71 1'a?'CORDS OF Mil-R;41L' WuNr n o,owi. R1H 10 FEET 0! LOT 20, BLOCK 15, Or AMENDED PLAT OF WE5IENt) PARK, or, AS RECORDED 1N PtAT BOOK 6, PACE 142, LESS MAT PORTION 07 LOT 14 1 UY WARRANTY DEED RECORDED JULY 9 7957 1N 0!17CIAL RECORDS BOOK 329. ?LC0R0s MIA1111-114OL" COUNTY, Roam, CL`i` 15, 1:71" MENDED 7I.71T OF WE T(NT.7 PARK, ACCORDING ro PLAT 71TL EC7, AS PAGE 1 17 LESS THAT PORI1ON F LOT f6 CONVEYED t) DIE (77Y OF kfiktil .8Y ,,IULY 9, 1951 1N (7 1T1;:I4I, RECORDS' WOK ,529, PAGE 112, ALL OF TDLE PUBIC 7:1tTT1 /, 1LO1€IDA. referred to as the "Property." SUBSTITUTED. Declaration of Restrictive Covenant Page 2 of 7 WITNESSETH WHEREAS, the Owner sought and obtained a rezoning pursuant t Ordinance No. passed and adopted on , .+ hich Ordinance is deemed as being incorporated by reference herein for the Prope and WHEREAS, the Owner is desirous of making a voluntary and informed binding commitment to assure that the Property shall be develed in accordance with the provisions of the Declaration herein. NOW THEREFORE, the Owner voluntarily co enants and agrees that the Property shall be subject to the following restrictions that . `e intended and shall be deemed to be a covenant running with the land and binding ` pon the Owner of the Property, and their heirs, successors and assigns as follows: Section 1. The recitals and fin ngs set forth in the preamble of this Declaration are hereby adopted by reference the eto and incorporated herein as if fully set forth in this Section. Section 2. The Ownehereby makes the following voluntary declarations running with the land concerning e use of the Property: A. The Property is intended to be developed as a phased project together with the p;:rcels under common ownership and identified by Miami -Dade Tax Fd' io Nos. 01-3126-039-2870; 01-3126-039-2880; and 01-3126-039-2890 (together with the Property, the "Project"). B. Primary vehicular access to the Project shall not be provided along NW 35th Street so long as the properties to the south are zoned T-3 or below, with S ' tion-Township-Range: 53-41-26 olio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 SUBSTITUTED. Declaration of Restrictive Covenant Page 3 of 7 the exception that parking for the townhouses may be provided :long NW 35th Street. C. The Property shall incorporate townhouses along the,' NW 35th Street frontage in order to buffer the residential neighborho.`• to the south of the Property. D. The Project shall be developed as eith an "Affordable Housing Development" or an "Attainable Mixed -Income Housing Development", as such terms are defined in Miami and satisfying the certification requirements set forth in Section 3..'5.1 and 3.15.2, respectively, of Miami 21. In the event an "Affordable using Development" or "Attainable Mixed - Income Housing Developm nt" is not developed on the Property, the Property shall be developtd according to the T5 zoning transect regulations. E. However, notwithstanding Subparagraph D above, in the event that between June 1, 1 17 and December 31, 2022, the Owner, successor(s), or assigns (in f" uding contract purchasers) submit at least five (5) Low Income H. sing Tax Credit ("LIHTC"), State Apartment Incentive Loan ("SAIL and/or tax exempt bond financing applications to Florida Housing Fin./ ce Corporation ("FHFC") for the Project, and the applications do not sult in a financing allocation by FHFC, the Property may be developed according to the T6-8-O transect regulations. ection 3. Effective Date. This Declaration is effective at the date of execution her.of. This instrument shall constitute a covenant running with the title to the Property Section -Township -Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 SUBSTITUTED. Declaration of Restrictive Covenant Page 4 of 7 that shall be binding upon Owner, its heirs, successors and assigns. These r; trictions shall be a limitation upon all present and future Owners of the Property any shall be for the public welfare. Section 4. Term. This voluntary covenant on the part of thewner shall remain in full force and effect and shall be binding upon the Owner of the ,"roperty, its successors in interest and assigns, for an initial period of thirty (30) years f'm the date this instrument is recorded in the public records and shall be automat ally extended for successive periods of ten (10) years, unless modified, amended r released prior to the expiration thereof. Section 5. A • • licable Law & Venue. torne 's Fees. Florida law will apply to interpretation of this Declaration. Venue in y civil actions arising under this Declaration shall be in Miami -Dade County, Florida :' Each party shall bear their own attorney's fees and costs. Section 6. Amendment r`nd Modification. This instrument may be modified, amended, or released as to -. `y portion of the Property by a written instrument executed by the then Owner(s) of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami Planning, Zoning d Appeals Board after a public hearing which public hearing shall be applied for at thsole cost and expense of the Owner. Upon approval of such modification amendmen,!or release as specified herein, the Director of the City of Miami's Planning Depart nt or his successor shall execute a written instrument in recordable form ection-Township-Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 SUBSTITUTED. Declaration of Restrictive Covenant Page 5 of 7 effectuating and acknowledging such modification, amendment or release. Suc - written instruments shall be in a form acceptable to the City Attorney. Section 7. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of ami may have the right at any time during normal working hours to enter upon the Pr+perty for the purpose of determining whether the conditions of this Declaration are Being complied with. After notice and an opportunity to cure, an enforcement action ; ay be brought by the City by action in law or in equity against any party or person vi ;- ating or attempting to violate any covenants of this Declaration, or provisions of the b ' ilding and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available un.er the law. Section 8. Severability. Invalid ion of any one of these covenants by judgment of Court shall not affect any of the oter provisions of the Declaration, which shall remain in full force and effect. Section 9. Recordin •, This Declaration shall be promptly filed and recorded by the Owner in the Public 'records of Miami -Dade County, Florida at the sole cost of the Owner, within ten (10, says of its acceptance and execution. The City of Miami Planning and Zoning Directr/r shall be furnished a recorded copy by the Owner within thirty (30) days of this D .' Iaration being recorded. [Signature Pages to Follow] ection-Township-Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 in the County and ;'ate aforesaid. My Com ssion Expires: ection-Township-Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 Declaration of Restrictive Covenant Page 6 of 7 2018. SUBSTITUTED. ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this •ay of WITNESSES: OWNER: Signature Print Name Signature Print Name Allapatta r' Ventures, LLC ame: itle: 150 SE 2ND AVE., STE. 800 MIAMI, FL 33131 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instru -nt was acknowledged before me by , the MGR of Allapattah Ventures, ;' LC, on behalf of the limited liability company. He is ❑ personally known to me r ❑ has produced _, as identification. Witness my signature and official seal this day of 2018, Notary Public State of Florida Print Name SUBSTITUTED. Declaration of Restrictive Covenant Page 7 of 7 Approved as to Planning and Zoning: Francisco Garcia, Director, Planning and Zoning Department Approved as to Legal Form: Victoria Mendez, City Attorney Se. tion-Township-Range: 53-41-26 F•lio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 39-2850