HomeMy WebLinkAboutExhibit BThis instrument prepared by, and after recording return to:
Name: Iris V. Escarra, Esq.
Address: Greenberg Traurig, P.A.
333 SE 2nd Avenue
Miami, Florida 33131
1Snace reserved for Clerk of Could)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this
day of , 2018, by Arts Luxury Rentals, LLC, a Florida limited liability
corporation having offices at 3211 Ponce de Leon Boulevard, Suite #301, Coral Gables, Florida
33134 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida
(the "City").
WITNESSETH:
WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida,
38 NE 17 Street, 42 NE 17 Street, 48 NE 17 Street, 52 NE 17 Street, 64 NE 17 Street, 1643 NE
Miami Court, 1642 NE Miami Place, 1632 NE Miami Place, 1624 NE Miami Place, 1635 NE
Miami Court, 1616 NE Miami Place, 45 NE 16 Street, 1610 NE Miami Place, and 1602 NE Miami
Place, 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
and will develop additional square footage as permitted in Zoning Ordinance 13114, as amended,
of the City of Miami ("Miami 21") Section 3.14 Public Benefits Program; and
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WHEREAS, Owner has agreed to satisfy the Public Benefits Bonus in accordance with
Miami 21 Section 3.14.4 (a)(1)1 with the reservation of (a) ten percent (10%) of the total number
of residential units on the Property as workforce housing units, if the residential units are 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 apartment units;
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 through a
workforce housing covenant (the "Workforce Housing Covenant") to be recorded at such time as
the Units for Workforce Housing are identified; and
WHEREAS, Owner shall designate the 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.
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 be allowed two square feet of additional area up to the bonus Height
and FLR as described in Section 3.14.1.
2 Workforce 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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Owner agrees that this will be a covenant running with the land and binding upon the
Owner of the Property, its successors in interest 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.
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
more than the amounts established by the applicable standards for those with income in excess of
140% of the area median income as determined by the Department of Community and Economic
Development.
3. Effective Date. This instrument shall constitute a covenant running with the title
to the Property and be binding upon Owner, its successors and assigns upon recordation 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 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 prior to the expiration thereof.
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5. Applicable Law. The restrictions within this Declaration on the part of the
Owner are being made under the applicable laws of the City at the time of the Effective Date.
6. 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.
7. Governing Law. This Declaration shall be construed in accordance with the
laws of the State of Florida and any proceedings arising in any manner pertaining or relating to
this Declaration shall, to the extent permitted by law, be held in Miami -Dade County, Florida.
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. Any amendment or modification approved by the City Commission shall be
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executed by the City Manager, his successor, or 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, within ten (10) days of acceptance by the
City. The Owner shall furnish a 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 and assigns.
SIGNATURE PAGES TO FOLLOW
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IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
, 2018.
Witnessed by: Arts Luxury Rentals LLC,
A Florida limited liability corporation
By:
Name: Joseph Milton
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2018 by Joseph Milton, of Arts Luxury Rentals, 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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APPROVED AS TO CONTENTS:
Francisco Garcia,
Director of Planning
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez,
City Attorney
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Exhibit "A"
Parcel 1: The West 35 feet of Lot 2, and the West 35 feet of the North 20 feet of Lot 3, in Block 7 of ROBBINS
GRAHAM & CHILLINGSWORTH' S SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page
49 1/2 of the Public Records of Miami -Dade County Florida.
Parcel 2: The West 33 1/3 feet of the East 65 feet of Lot 2 less the North 5 feet thereof dedicated to the City of Miami
in Deed Book 1241 Page 515 and including the North 20 feet of the West 33 1/3 feet of the East 65 Feet of Lot 3, in
Block 7 of ROBBINS GRAHAM & CHILLINGSWORTH'S SUBDIVISION according to the Plat thereof recorded
in Plat Book A at Page 49 1/2 of the Public Records of Miami -Dade County Florida.
Parcel 3: The East 31 2/3 feet of Lot 2 less the North 5 feet of the East 30 feet thereof dedicated to the City of Miami
in Deed Book 1101 Page 255, and including the North 20 feet of the East 31 2/3 feet of Lot 3, in Blcok 7 of ROBBINS
GRAHAM & CHILLINGSWORTH' S SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page
49 1/2 of the Public Records of Miami -Dade County Florida.
Parcel 4: The West 1/2 of Lot 1, less North 5 feet for sidewalk, in Block 7 of ROBBINS GRAHAM &
CHILLINGSWORTH' S SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page 49 1/2 of the
Public Records of Miami -Dade County, Florida.
Parcel 5: The East 1/2 of Lot 1, less North 5 feet for sidewalk, in Block 7 of ROBBINS GRAHAM &
CHILLINGSWORTH' S SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page 49 1/2 of the
Public Records of Miami -Dade County, Florida.
Parcel 6: Lot 4, in Block 7 of ROBBINS GRAHAM & CHILLINGSWORTH'S SUBDIVISION according to the Plat
thereof recorded in Plat Book A at Page 49 1/2 of the Public Records of Miami -Dade County, Florida.
Parcel 7: Lot 5, in Block 7 of ROBBINS GRAHAM & CHILLINGSWORTH'S SUBDIVISION according to the Plat
thereof recorded in Plat Book A at Page 49 1/2 of the Public Records of Miami -Dade County, Florida.
Parcel 8: Lot 1, in Block B of T.W. Palmers, according to the Plat thereof, as recorded in Plat Book 4, Page 60 of the
Public Records of Miami -Dade County, Florida.
Parcel 9: Lot 2, In Block B, of T.W. Palmers, according to the Plat thereof, as recorded in Plat Book 4, Page 60 of the
Public Records of Miami -Dade County, Florida.
Parcel 10: The South 40 feet of Lot 3, Block 7, of ROBBINS GRAHAM & CHILLINGSWORTH'S SUBDIVISION
according to the Plat thereof recorded in Plat Book A at Page 49 1/2 of the Public Records of Miami -Dade County,
Florida.
Parcel 11: The North 40 feet of Lot 6 in Block 7, of ROBBINS GRAHAM & CHILLINGSWORTH' S SUBDIVISION
according to the Plat thereof recorded in Plat Book A at Page 49 1/2 of the Public Records of Miami -Dade County,
Florida.
TOGETHER WITH:
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A —Parcel 1: The East 50 feet of Lots 10 and 11 in Block 7 of ROBBINS GRAHAM & CHILLINGSWORTH'S
SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page 49 1/2 of the Public Records of Miami -
Dade County, Florida.
A —Parcel 2: The West 50 feet of Lots 10 and 11 in Block 7 of ROBBINS GRAHAM & CHILLINGSWORTH'S
SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page 49 1/2 of the Public Records of Miami -
Dade County, Florida.
A —Parcel 3: The South 40 feet of Lot 7 in Block 7 of ROBBINS GRAHAM & CHILLINGSWORTH'S
SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page 49 1/2 of the Public Records of Miami -
Dade County, Florida.
A —Parcel 4: The South 20 feet of Lot 6 and North 20 feet of Lot 7, in Block 7 of ROBBINS GRAHAM &
CHILLINGSWORTH'S SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page 49 1/2 of the
Public Records of Miami -Dade County, Florida.
A —Parcel 5: Lot 3 and Lot 4, less the South 5 feet thereof, in Block `B" of T.W. Palmers Resubdivision according to
the Plat thereof, recorded in Plat Book 4, Page 60 of the Public Records of Miami -Dade County, Florida.
TOGETHER WITH:
A portion of the ten (10) foot wide alley lying in Block 7 of NORTH MIAMI, according to the plat thereof, as recorded
in Plat Book A at Page 49 1/2, together with a portion of the ten (10) foot wide alley lying in Block B of T.W.
PALMER'S RESUBDIVISION, according to the plat thereof, as recorded in Plat Book 4 at Page 60, both of the
Public Records of Miami -Dade County, Florida, being more particularly described as follows:
Begin at the Southeast corner of Lot 11 in said Block 7 of said plat of NORTH MIAMI; thence N 00°39'59" E along
the East line of Lots 2, 3, 6, 7, 10 and 11 in said Block 7 for 354.81 feet; thence S 90°00'00" E along a line lying 5.00
feet South of and parallel with the North line of said Block 7 for 10.00 feet; thence S 00°39'59" W along the West
line of Lots 1, 4 and 5 n said Block 7 and the West line of Lots 1, 2, 3 and 4 in said Block B for 349.81 feet; thence S
89°59'32" W along the Westerly extension of a line 5.00 feet North of and parallel with the South line of said Block
B for 4.94 feet; thence S 00°39'59" W along the centerline of said 10 feet alley for 5.00 feet; thence S 89°59'32" W
along the Easterly extension of the South line of said Block 7 for 5.06 feet to the Point of Beginning.
Folio Nos.:
01-3136-008-0050
01-3136-008-0040
01-3136-005-0260
01-3136-005-0250
01-3136-005-0190
01-3136-005-0200
01-3136-005-0230
01-3136-005-0220
01-3136-005-0210
01-3136-005-0240
01-3136-005-0270
01-3136-005-0301
01-3136-008-0060
01-3136-008-0070
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