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Home My WebLink AboutSubmittal-Melissa Tapanes-Llahues-Draft of Declaration of Restrictive CovenantThis instrument was prepared by and after recordation retum to: pelisse Tapanes Llahues, Esq. Bercow Radell Fernandez & Larkin, PLLC 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 Submitted into the public record fqr ite (s) , c) on / City Clerk (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: L07 1J, B:D,ti.K 75, OF AmEND£0 PLAT OF WEST NO PARK, ACCORDING ro THE PLAT THEREOF, AS RECORDED IN PLOT PO'7X 6, PAGE 742, OF THE PUBLIC RECORDS OF M1411_DADf COUNTY, FZOR104. LOTS 14 AND 20, LESS THE NORTH 10 FEET OF LOT 20, BLOCK 15, OF AMENDED PUT OF WESTEND PARK. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PUT BOOK 6, PAGE 141; LESS THAT PORTION OF LOT 14 COMIYED TO THE CITY OF M14M1 8Y WARRANTY DEED RECORDED JULY 9, 1957 IN 0Ff7CWL RECORDS BOOK J29, PAGE 772, ALL OF THE PUBLIC RECORDS OF 1,4446—D4DE COUNTY, FLORK24. LOTS 15, 16 AND 17, BLOCK 15, OF AMENDED PLOT OF WFSTEND PARK, ACCORDING TO THE PLAT TNERE0l, AS RECORDED IN PLAT 800K 6, PAGE 142; LESS THAT PORTION OF LOT 15 CONVEYED TO THE CRY OF MAW BY WARRANTY DEED RECORDED JULY 9, 1957 IN OFFICIAL RECORDS BOOK 329, PAGE 112, ALL OF THE PUBLIC RECORDS OF M71—D4D£ COUNTY, FLORIDA. Hereinafter referred to as the "Property." Formatted: Spanish (Spain) (1%cic" JUbt��t4\� V\,\\SS(k--\tiquitAfN - �IA�1�Q1 ' (l 6� UA(trit-7,1/1(1C 9\6\(,A,Jf Cq,iy&„,\ • Declaration of Restrictive Covenant Page 2 of 8 WITNESSETH Submitted into the public 5 o n record gr�i�te>In(s) / . City Clerk 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 Section -Township -Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 Submitted into the publi record fqr ite (s) Vt. 5 on 1/ City Clerk Declaration of Restrictive Covenant Page 3 of 8 the exception that parking for the townhouses may be provided along NW 3511 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. €. fiver, notwithstanding Subparagraph --a bove, is the-event-t;at between June i 2017 and Oenember 31 2022 4 e Owner n or(c) i TC Sta+ partm I Income � �sifls- an rE it-r6 e--A,�Q,z„reni-,:,sentve-L-eaa fro ect r u Iatio n In ThreeTThouoand Section -Township -Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 Submitted into the pubi record foil- ite (s) VZ„ 5 on l JZ h iJ g . City Clerk Declaration of Restrictive Covenant Page 4 of 8 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; Attomev'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 attomey'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 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 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 Submitted into the public record fo ite s) Q 7 .5 on City Clerk 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 Owner, within ten (10) days of its acceptance and execution. The City of Miami Planning and Zoning Director shall be fumished a recorded copy by the Owner within thirty (30) days of this Declaration being recorded. Section -Township -Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 Submitted into the public record fox iteri(s on `1/i1' 1I City Clerk Declaration of Restrictive Covenant Page 6 of 8 [Signature Pages to Follow] Section -Township -Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 Submitted into the public 5 record f r ite (s) on 1/Z6 1) g . city clerk Declaration of Restrictive Covenant Page 7 of 8 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of 2018. 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 behaff 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, in the County and State aforesaid. My Commission Expires: 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 Submitted into the public record foj item(s)Z. J on 1 / Z 6 11 . City Clerk Declaration of Restrictive Covenant Page 8 of 8 Approved as to Planning and Zoning: 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