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HomeMy WebLinkAboutExhibit B-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. This instrument prepared by and when recorded return to: Elinette Ruiz -Diaz de la Portilla, Esq. Saul Ewing Amstein & Lehr LLP 200 S. Biscayne Blvd., Suite 3600 Miami, Florida 33131 (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS The undersigned owners, Caroline Weiss, individually, 7 at Blue Lagoon (1), LLC, and 7 at Blue Lagoon (2), LLC (collectively, "Owner") of the following described real property (the "Property"), lying, being and situated in the City of Miami, Miami -Dade County, Florida, and more particularly described in Exhibit "A", in order to assure the City of Miami ("City") that the representations trade to them by the Owner in connection with that certain public hearing application for an amendment to the Zoning Atlas (the "Application") will be abided by the Owner, their heirs, successors or assigns freely, voluntarily and without duress. The Application consists entirely of +/- 6.8999 acres of Uplands and the adjacent submerged lands are not part of the Application. Owner make the following Declaration of Restrictive Covenants ("Declaration") covering and running with the Property: (1) Site Plan. The Property will be developed substantially in accordance with that certain plan as prepared by Kobi Karp Architecture & Interior Design, Inc., entitled "Towers at Blue Lagoon, dated, August 16, 2018 consisting of (54) sheets, dated stamped received by the City of Miami Heraing Boards on August 20, 2018 (the "Project"). Upon approval of the Application, Owner will submit an application for any other necessary zoning approvals in accordance with all applicable laws and permitting procedures. The site plan referenced above is subject to the Miami 21 Code, as well as all other applicable regulations, and is submitted solely in connection with the Application and not for any particular zoning entitlement. (2) Height Limitation. The height of any structure or other improvement on the Property shall be limited to no more than one -hundred sixty (160) feet, Mean Sea Level (MSL). Floor Lot Ratio Limitation. Owner will not exceed the maximum Floor Lot Ratio (FLR), as defined by Miami 21, of 6.25 allowed as of right. (-)Public Benefits. The Owner hereby proffers the following public benefits, subject to the conditions precedent in Section 4 of this Declaration, in connection with the Application: LW 5 - bj S THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (a) Job Creation and Employment Opportunities. Priority hiring shall be given to those individuals residing in the Project area and surrounding neighborhoods in the following priority: (i) 1st Priority: Those residing in the following ZIP codes in the City: 33125, 33126, 33127, 33142, and 33136. (ii) 2nd Priority: Those residing in all other areas of the City. (b) Affordable, Workforce, and Market -Rate Housing. The Project shall provide: (i) Affordable Housing (up to 60% of Area Median Income) in an amount of 6% of the Project which equals 53 units. (ii) Workforce Housing (between 80°f3 and 140% of Area Median Income) in an amount of 10% of the Project which equals 84 units. (iii) Market -Rate Housing in an amount of 84% of the Project which equals 751 units. All housing types will be interspersed throughout the Property and will enjoy generally the same amenities and features as the Market -Rate units located on the Property. Owner will abide by all applicable laws pertaining to Affordable and Workforce Housing for those units designated as such. (c) Financial Support for Antonio Maceo Park. Owner shall make the following one-time donations to the City for use at Antonio Maceo Park, located at 5135 and 5151 NW 7 Street, Miami, Florida 33126 (the "Park"): (i} One -hundred fifty thousand dollars ($ 150,000) for the renovation of, and improvements to, the Park consistent with the principles of Crime Prevention through Environmental Design (CPTED). The design for said improvements shall be reviewed and approved by the Planning Department in conjunction with the Parks Department and Office of Capital Improvements. (ii) Sixty thousand dollars ($60,000) for general improvements, including but not limited to landscaping and lighting, at Antonio Maceo Park and the adjacent public right of way to same, as determined by the Directors of the Department of Parks & Recreation and the Department of Public Works. (iii) Twenty thousand dollars ($20,000) for an Arts for Seniors program for seniors at the Park which shall be expended in accordance with Section 62-661(1)(d) of the City Code. 3 2-64 31 l ,. 3? 643J 17.3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (d) Traffic Improvements. The Owner will construct right-of-way improvements along the project entrance from NW 7 Street in substantial compliance with Sheets A3.00 of the Project plans. Such improvements shall include but not be limited to: (e) (f) (g) (i) Creation of a new access roadway with a painted median, one (1) lane of ingress and two (2) lanes of egress along the north -south portion of the NW 7 Street entrance beginning at its terminus at NW 7 Street; Creation of two (2) lanes of ingress and one (1) lane of egress along the east -west portion of the NW 7 Street entrance between the Blue Lagoon Gentles -Condominium (`'BLC-) gate access and the north -south portion of the NW 7 Street entrance: and (iii) Installation of sidewalks-3 including a continuous sidewalk along the driveway from the intersection of NW 7 Street and Blue La n Ai ort Driv 1 di u to tlne ro ert line BLC:_and new crosswalks with differentiated surfaces designed to calm traffic speeds and assist in pedestrian circulation in substantial compliance with Sheets L 1.00, L 1.O 1, L 1.01 a, L2.00, and L1.03. (iv) Th Owner will inco r to the existin Ro a1 Palms currentl along the nroject entrance fi-orn NW 7 St. into its plan. subject to the sustainability of said trees cam • iance ith Miami 21 an..11 applicable laws. v O e will lace BLC si na a aloe NW 7 Street um_ ,In with BLC regarding same. BLC signage will be placed together with s gnage for the Pro=er[y" subject to compliance with Miami 21, and all applicable laws. Provision for Trolley Stop. The Owner will seek the necessary approvals to extend City of Miami trolley routes into the Property. If the extension of such routes is approved by the City, the Owner will, at their sole cost, construct the improvements necessary to provide a trolley stop within the Property in substantial compliance with Sheets A2.00 and A3.00 of the Project plans or as may be placed within the Project in a location of benefit to the Project and surrounding neighborhood. Installation of Aerator in Adjacent Submerged Lands. At Owner's expense, there will be installed in the privately -owned submerged lands adjacent to the Property. an aerator or other similar device within that portion of Blue Lagoon. Arts and. Culture. Owner agrees that properties fronting NW 7th Street and specific terininating vistas of the Project site as identified in Sheet L1.00 of the Project plans will incorporate art which shall be reviewed and 33(i17.2 3_2031123 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. approved by the PIanning Director or designee. The Owner further agrees to contribute five thousand dollars ($5,000) each to Henry M. Flagler Elementary and Kinloch Park Middle to support each school's visual and performing arts. (h) Project Art. Owner will provide art for the Project on -site fronting NW 7 Street and at specific terminating vistas on the Property, as shown in specified locations in Sheet LI .00, which said art shall be reviewed and approved by the Planning Director or designee. (i) Art in Public Places Master Plan. Owner will contribute fifty thousand dollars ($50,000) to the City's Public Art Fund for the express purpose to cover the cost associated with creating a cohesive public art plan, guidelines and criteria for the acquisition and placement of Public Art for the Blue Lagoon, Flagler Grove, West Flagler Park, Winona Park and the Fair Lawns neighborhoods general area in accordance with Article XVI entitled Art in Public Places of the City Code which shall be incorporated in the City's Public Art Master Plan. Any remaining funds from the contribution shall be expended in accordance with Section 62-661(1) of the City Code. (j) Welcome Signage. If a location for signage is found by the City, then Owner will donate up to ten thousand dollars ($10,000) for the installation and construction of a sign welcoming visitors to the Flagami / Blue Lagoon Neighborhood Area. All public benefits, pursuant to this Section, with the exception of those listed in subparagraph (a) shall be completed and fulfilled prior to the issuance of any Certificate of Occupancy ("CO") for the Property. (5) ('14Conditions Precedent. This Declaration shall become final and shall be recorded in the Public Records of Miami -Dade County, Florida upon expiration of all applicable appeal periods after the re -zoning of the Property. (6) (4}Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the Iand and shall be recorded in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the Owner and its heirs, successors and assigns, until such time as the same is modified or released. These restrictions shall be for the benefit of, and limitation upon, all present and future owner(s) of the Property. (7) (6)Modification, Amendment, Release. This Declaration may be modified, amended or released (a "modification") as to the Property, or any portion thereof, by a written instrument executed by the then owner(s) (or, if submitted to the condominium form of ownership, the condominium association in lieu thereof) of the Property or portion thereof affected by such modification and the City with the approval of the City Commission at a public hearing, which such public 4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. hearing being applied for by the Owner at the Owner's expense. Any such modification of this Declaration will be subject to the approval by the City Attorney, or designee, as to legal form and correctness. (8) (-Term of Covenant. This voluntary Declaration on the part of the Owner 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 Declaration 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. l.t} (8)Annual Review. (a) The City may review the Project once every twelve (12) months, commencing twelve (12) months after the Effective Date. The City may begin the review process by giving notice to the Owner, a minimum of thirty (30) days prior to the anniversary date of the Declaration, of its intention to undertake the annual review of this Agreement. If no work has commenced on the Property, then the Owner shall send a letter to the City advising that work has not commenced. (b) Upon the City's request, the Owner shall submit an annual report. Any information required of the Owner during an annual review shall be limited to that necessary to determine the extent to which the Owner is proceeding in good faith to comply with the terms of this Declaration. (10) (-4)Phased Development. The Parties agree that redevelopment of the Property may be completed by multiple parties in multiple phases over the life of the Project. While the Owner anticipate that phased redevelopment of the Property will follow the phasing described on Sheet L0.00 of the Plan Set as a variety of factors including but not limited to economic considerations and site conditions may require changes to the scope and sequence of each phase. Accordingly, the Owner may so modify the scope and sequence of each phase without prejudice. ilk) (-1-0)Multiple Ownership. In the event of multiple ownership subsequent to the approval of the Application, each of the subsequent owners, mortgagees and other successors in interest in and to the Property (or any portion thereof, including condominium unit owners) shall be bound by the terms and provisions of this Declaration as covenants that run with the Property, (IQ (1 1)Common Area Maintenance. The Owner will create, prior to the conveyance of any portion of the Property (less than the entire Property), an association or other entity which shall provide for the maintenance of all common areas, private roadways, cross -easements and other amenities common to the Property. This Agreement shall not preclude the owner(s) of the Property from 3 E13 j 1,3 5 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. maintaining their own buildings or common areas not common to the Property outside the control of the association. (13) (12)Emergency Management and Mitigation Plan. Prior to the issuance of a Certificate of Occupancy. Temporary Certificate of Occupancy (-TCO"). or the equivalent for the first new single -use building in the Property, the Owner, as required by the City's Comprehensive Plan (Policy CM4,3.4.) shall enter into a binding agreement with the City regarding an Emergency Management and Mitigation Plan ("Emergency Plan ') detailing how the safety of people and property shall be accounted for and maintained in the event of a natural disaster, fire, act of God, or other similar event. The Emergency Plan shall detail vehicle and pedestrian circulation, security systems, and other preventative and protective measures and mitigation readily available in the Property. The Owner, or their successors, heirs, or permitted assigns, shall provide an updated copy of the Emergency Plan prior to the issuance of a TCO or equivalent for each new building in the future. 1141 (13 )Consistencv with Comprehensive Plan. The City finds that development of the Project is in conformity with and is consistent with the Comprehensive Plan. The Owner shall be bound by the City impact fees and assessments in existence as of the date of obtaining a building permit, per Chapter 13 of the Code. (14)Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants of this Declaration. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. (-I6 (15)Eleetion of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. (17) (16)Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. (17)Venue, Choice of Law, Specific Performance. It is mutually understood and agreed by the parties hereto, that this Agreement shall be governed by the laws of the State of Florida, and any applicable federal law, both as to interpretation and performance, and that any action at law, suit in equity or judicial proceedings for the enforcement of this Agreement or any provision hereof shall be instituted only in the courts of the State of Florida or federal courts and venue for any such actions shall exclusively in a court of competent jurisdiction in the County. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of 3- 6431 1 7-2 6 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. the aforementioned courts and irrevocably waive any objections to said jurisdiction. The Parties irrevocably waive any rights to a jury trial 19] (-4-$-)Recording. This Declaration shall be recorded in the Public Records of Miami -Dade County, Florida at the Owner's expense and shall inure to the benefit of the City, A copy of the recorded Declaration shall be provided to the City Clerk and City Attorney within two (2) weeks of recording. (2Q) })No Vested Rights; Adherence to Applicable Laws. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors and assigns nor allow any development not in accordance with all applicable laws and City pennitting procedures. Signed, witnessed, executed and acknowledged this day of Signature Pages Follow} 2018. 32l 4 i I-7-1 3244113,3 7 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Owner: 7 at Blue Lagoon (1), LLC, a Delaware limited liability company By: Caroline Weiss, Sole Member STATE OF FLORIDA } ) SS. COUNTY OF MIAMI-DADE j The foregoing instrument was acknowledged before me this day of 2018 by CAROLINE WEISS, as sole member of and on behalf of 7 AT BLUE LAGOON (1), LLC, a Delaware limited liability company, who is personally known to me or produced a valid driver's license as identification. My Commission Expires: Notary Public Sign Name: Print Name: Signed, witnessed, executed and acknowledged this day of , 2018. {Signature Page Follows} 32w3147-2 8 32643117.3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Owner: 7 at Blue Lagoon (2), LLC, a Delaware limited liability company STATE OF FLORIDA ) SS. COUNTY OF MIAMI-DADE By: Caroline Weiss, Sole Member The foregoing instrument was acknowledged before me this day of 2018 by CAROLINE WEISS, as sole member of and on behalf of 7 AT BLUE LAGOON (2), LLC, a Delaware limited liability company, who is personally known to me or produced a valid driver's license as identification. My Commission Expires: Notary Public Sign Name: Print Name: Signed, witnessed, executed and acknowledged this day of , 2018. {Signature Page Follows} 3261314 326431L72 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Owner: STATE OF FLORIDA )SS. COUNTY OF MIAMI-DADE Caroline Weiss By: Caroline Weiss, Individually The foregoing instrument was acknowledged before me this day of 2018 by Caroline Weiss, an individual, who is personally known to me or produced a valid driver's license as identification. My Commission Expires: Notary Public Sign Name: Print Name: Signed, witnessed, executed and acknowledged this day of , 2018. 326431+7-2 32643117.3 APPROVED: By: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Francisco J. Garcia, Director of Planning APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: Victoria Mendez, City Attorney 2643 l 17.3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Exh bit rr h "r Legal Description f t It pat of Traci llo.2 c 'J I Of 11.1A1 PORT jN C I I ,! 5OU. I A T LJ; ti,+ h T 5O } TOV 1151-1IP 53 SOUTH, R GL 1 Ek5f, t 'f 1'ti"G 5CU111 AND 501iTir 1 6 Of TAMIAll CAW, acco69 to the Plat tt ` , as recortif4 in be rat, Kok 25 at 54 10 of ft Pt'pl c F corci5 of ade Cotirit ', f lore o,be rr3 more Fticiarlitticthez o5 mmerte at bt ccn rete rr uFit at. tae pa nt of North t 7 7 Reef, sa(d mon T entt being ei150 the Soutliegst corer 5ael Secbon 3 I; Itherceskt 1 SoLdihne 5aid Salicr 3 I for ! 114.0) lea; thee.ND 11 Deli, i, 3630 Sec. E rarale with East Ins of eckAA E Of 4ft02 feet; Ora Vi.1 .40 ire 2102X lett, f1crti cf aid Pastel 5ovkfi Ire 515ectiori 31 for I 3),01 fed; th ; e N 01 1, 3 Mrs I Sec, E for 145,1 0 feet; Vow \I'e 'of. 1 GO.00 feet; tk e tioitt 01 Eleg. ' c. f Or 10).00 fee; thelje 'e .40 te4 Lo II fart d r i ; thence. ibne abrq the 12i oW 1:.,.our5e fiar 77,23 feet; tht.L11112, N 0I Dq, 5 Mn, 3 , for ISO I , fee to a x.Ank on a roiar ate, 501J I ut 1 5 471)e ,, 55 Or,, 551 ' frcrr to colter of t1Te f 11ccsq decnbed tee; t .r h rtfe testy aioril the irc or � r circdaf cunt to to left bole cam to the Newt, s', F it a rado5oi 1.395.05 fee. ad a certral or 4e cf [1,., I 4 Sec.. ix c d korte of 5.154 feeta Part o' TiogePcy, ti-fete W 4 111,, 13 Mir., 5,1 5e.o. f• 54,17 feet: [woe South for 1;21,33 feet tie Fort r' ??•Ili o rr i rr 0.99 acres and 12 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. That part of Tract No.1 of `POT OF 1t1AT SCUTIIR51 Of SECTIDN 31, Y /N5H11' 53 SCUM, RMGE 41 Ek5T, LYING 5OU1H AN11T I T Of TA 11AMI CA1+ZA1', accordinaj to fte Pat thereof, as recorded in the Plat to 18 at Pale ID of the Public Records of Dade arty, Florida, ,ntrnence at the cocotte mom mt in ire Pavement oilorhot5t Aft Street arid tit 5outieast comer s�Id Sechon 31; therce run N 013 '30" , alorl the Ea5t be of sold Bechar' 31, the some be bent, the fast it e os sofa Tract 110.2 aid afro the aged centerline of Notthwest 47th Avenue fora detate of 40.02 feet; theice' 'est aloe a lire bong 40 feet Noah of at parallel kit he South lire of s d Settton 3 I for + 114,00 f eet to the f'otnt ; try for tft park of lard treon after descrier#; t erne coitir ie Vest kit) the fast de5erk.d line for 1131,00 f eat; tl r 2 N 01 83g, parrfel with the East line of said SectrAt 31 tor 145. ID feet; th rce. Viest fcr 1 6C.DO feet; thence N 013630' F for 100.00 fee,: thence I t for 29.40 feet: fh r e North for C10.33 feet; thence if 41 5055' fcr 21.94 feet to 3 potrd cure, therce NorheasmlySoutheastemfythe arc of sad a ro the right Rang ooze to the Southwest aid hang a radius of 50.00 feel' aid a odd aril! of 141 3905' loran arc distance of 23,C 1 feet; #fe ce 5 03 3 0' W for 3 .2 1 5cuthea5tern-fi)tfeasternif along the arc of 5d4 curve to tit rat, Brig concare to the Natitzt and ha a ratof 45.00 feet aid a central aigle of I GO 1010 for an arc d4stance of 115,57 feet; txrkez South for 224.27 feet; tferice set for 154.92 feet; ttent S 013630' qil for 24510 feet to the Potnt of ?innift , Caitatrol 2.3015 acres. and 326431I72 326431 17.3 13 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. '41at part of Tract No,2 of ftAl Off` 1 t1AT faT(ON Of Tf 5OUT A5T Of 5E+ TION 31, TOViriki5111P 53 SOUTH, RfiNGE 41 EPE„,T.SCUM MO E01:11-TAST Of TAMIA. f OVAL", accordln to tha Mat thereof, as r . r 6n the Pat ELook 28 at Pale r D of tie Ptiolic Records of Dade Comity, florlda, lyni3d betnit3 In the City of lfiarrr, Dalie County, Flonda, bell more partrcz'laryr clesonbie as folloY.s; mien:4 at the concrete rornxn nt set ire the pa net of Morthwe5t 7th 5t ee-t at the 5ositha5t comer of sold Section 31; thence West alono,, Sojth line of 5oki 5ecto 51 for 1 11'. feet; thence r"1 0 I 383g I para10 with try East line of 5oId 5ectron With the fast ix of sold Section a 1 For 5,12 feet Lo the Point of Pe,aIrnrn of the pnti of the parcel of land hereinafter ,Je5c;ri care; thence l'klortheasteriyalorr the arc of sold aim, tyal con:akee to tit 5cgJtVeast. ha in r u5 of 5G fee a central a<3e of 95 57' f J� for an at distance f b6.35 fee,: to a Point of Tangency', there 5 04 321491E for 54, ^ 9 Fftt. ID a Po nt of culiti of circda" curve to the left; theme 5mtherly. fasterfy aloro of 73 27 "' For a di rare of 57.1' feet to a Pod of Tan?ency; them 5 77 59"57'E for G5, J 7 feet to a Fowl of crve of a cir6uaim to the left; hence Easterly- f4 ie sterly, on the arc of sold GAT., berk3 con is to tit North, haciin radiue of 35 feet and a cefitral a* of 52 44'S0' for a clistarice of 32.22 fit; then 5 40 442-7"[ aloe a lire ra514 to tie escibied cum for 31, filet; theme East 70, 5; feet; here South for 142. 17 feet; therce loVat for 385,63 fee to :he, Post of be annr r Cor a#nine 3,00 a� more re or 1e, J 32633I 17.2 3''64311l3 14 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. That part of Tract f4o.2 of `11A1 THAT IVRTION Cf--off: S0.511f T a OF 5f- T}CNNt 3 t , TOM6111E 53 SKLTh, RANGE 4 I EAST.1.1f 50 1111 AO EOLJ DST Cif IMAM DAL', accordin? to tie flat thereof, a5 re ,riled ,n the fiat Eck 2 at Pale ID of the f'Lblic Records. of Dade Comity, Florida, yrit3 and heinl. In the City of Mori', aal e County, Flonda, bell more pa ici'lar}y descried as vrienre at the cororete rnorhirtnt 5et 1r the pa, rncnt of Northwest 7th 5tr, t at the 5ot 1e t, comer of5o1J 5ection 31; theeGfon9 he 5otith line hold 5ectrn 31 for 1114. feet; thence 101 38`30 r parallel i th tfFe East line of 5011 Sectico with the Ea5t to of 50 Section 31 for 265,12 feet to the Point of 5eTflin9 of the pet of the parcel of !and hereinafter described carve; thence Northea5terY along the arc of sold I ar 'e, be cortake to the scutreact. hawing a rachu5 of 5C feet and a central anga of 95 571 I for an a 61Lance of 156.35 feet to a Point of 1'algency, tIvelce 5 04 3 '49'E for 154.. 9 feet to a Po nt cf cum of unix curve to the left,:, thence 5o1;the- Easterly a1ort3 of 73 27J ' fora distance of 57 , 5 feet to a fort of Tan?sic r, three 5 77 59'57'E for C5,1 7 feet to a Point of Dias of a circu,a' am to the left, thence fa5terly- 4o heasterly, song the arc of 501141 curie, berg conaiie to the North, haidiric a radius of 35 feet and a ceitrai anIe of 52 44'30' fa a distaice of 32.22 feet; thence 5 40 44271 along a line ra ►iai to the 61e5c112eJ cures for 31.22 feet; thence at R r l 7 0.5 feet; there South for 142.17 feet; tierce West fer 385.53 feet to the Pocrt of 5e irar ri orainin? 3.. O acre. more fcr le , 15 32643117,E THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Comparison Details Title Date & Time Comparison Time compareDocs version pdfDocs compareDocs Comparison Results 3/27/2019 4:32:53 PM 3.12 seconds v4.3.0.46 Sources Original Document Modified Document [FirmDMIS] [#32643117] Restriction (v2).doc [FirmDMS] [#32643117] Restriction (v3).doc [v2] The Weiss Group of Companies - Declaration o [v3] The Weiss Group of Companies - Declaration of Comparison Statistics Insertions Deletions Changes Moves Font Changes Paragraph Style Changes Character Style Changes TOTAL CHANGES 2 19 0 0 0 0 29 Word Rendering Set Markup Options Name Saul Ewing Insertions Deletions Moves / Armes Font Changes Paragraph Style Changes [.hat acter Style Changes Inserted cells Deleted cells Merged cells Changed lines Comments color Balloons Mark left border. By Author. False compareDocs Settings Used Category Option Selected Open Comparison Report after Saving Report Type Character Level Include Headers / Footers Include Footnotes / Endnotes Include List Numbers Include Tables Include Field Codes Include Moves Show Track Changes Toolbar Show Reviewing Pane Update Automatic Links at Open Summary Report Include Change Detail Report Document View Remove Personal Information Flatten Field Codes General Word Word Word Word Word Word Word Word Word Word Word Word Word Word Word Word Prompt Formatting False True True True True Tru e Tru e True True False End End Print False False This instrument prepared by and when recorded return to: A. Vicky LeivaElinette Ruiz -Diaz de la Portilla, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 1150 Brickell Avenue, 23rd Floor Saul Ewing Arnstein & Lehr LLP 200 S. Biscayne Blvd., Suite 3600 Miami, Florida 33131 SUBSTITUTED (Space Above or Recorder's Use Only) DECLARATION OF RESTRICTIVE COV ANTS The undersigned owners, Caroline Weiss, individually at Blue Lagoon (2), LLC (collectively, "Owner") of the fo "Property"), lying, being and situated in the City of Mia more particularly described in Exhibit "A", in order to a representations made to them by the Owner in co application for an amendment to the Zoning Atlas (t their heirs, successors or assigns freely, voluntaril Declaration of Restrictive Covenants ("Declara (1) Site Plan. The Property wi certain plan as prepared by "Towers at Blue Lagoo stamped received by "Project"). Upon ap any other necess permitting pro Code, as w connectio MIAMI 5885989 ' 518/86105 MIAMI 583950' .1 83518/86105 7 at Blue La, on Revised M f 11, 201 g at Blue Lagoon (1), LLC, and 7 wing described real property (the 1, Miami -Dade County, Florida, and ure the City of Miami ("City") that the ection with that certain public hearing "Application") will be abided by the Owner, nd without duress, Owner make the following n") covering and running with the Property: be developed substantially in accordance with that obi Karp Architecture & Interior Design, Inc., entitled , dated, August 16, 2018 consisting of (54) sheets, dated e City of Miami Heraing Boards on August 20, 2018 (the oval of the Application, Owner will submit an application for y zoning approvals in accordance with all applicable laws and dures. The site plan referenced above is subject to the Miami 21 as all other applicable regulations, and is submitted solely in ith the Application and not for any particular zoning entitlement. 1 SUBSTITUTED Height Limitation. The height of any structure or other improvement on the Property shall be limited to no more than one -hundred sixty (160) feet, Mean Se Level (MSL). Public Benefits. The Owner hereby proffers the following public benefits, to the conditions precedent in Section 4 of this Declaration, in connection Application: •j ect ith the (a) Job Creation and Employment Opportunities. Priority - ring shall be given to those individuals residing in the Project area d surrounding neighborhoods in the following priority: (i) 1st Priority: Those residing in the followin • IP codes in the City: 33125, 33126, 33127, 33142, and 33136. (ii) 2nd Priority: Those residing in all oth areas of the City. (b) Affordable Workforce and Market- to Housin ' . The Project shall (c) provide: (i) Affordable Housing (up t • 60% of Area Median Income) in an amount of 6% of the Proj - t which equals 53 units. (ii) Workforce Housing , etween 80% and 140% of Area Median Income) in an amo t of 10% of the Project which equals 84 units. (iii) Market -Rate equals 751 u All housing t enjoy general located on t to Afford Fina ial le Su using in an amount of 84% of the Project which ts. yp- will be interspersed throughout the Property and will the same amenities and features as the Market -Rate units Property. Owner will abide by all applicable laws pertaining and Workforce Housing for those units designated as such. ort for Antonio Maceo Park. Owner shall make the foll 1 • (i) ing one-time donations to the City for use at Antonio Maceo Park, ated at 5135 and 5151 NW 7 Street, Miami, Florida 33126 (the "Park"): One -hundred fifty thousand dollars ($150,000) for the renovation of, and improvements to, the Park consistent with the principles of Crime Prevention through Environmental Design (CPTED). The design for said improvements shall be reviewed and approved by the 2 SUBSTITUTED Planning Department in conjunction with the Parks Department and Office of Capital Improvements. (ii) Sixty thousand dollars ($60,000) for playground equipment . the Park. (iii) Twenty thousand dollars ($20,000) for an Arts for Senio ' program for seniors at the Park which shall be expended in acc.rdance with Section 62-661(1)(d) of the City Code. (d) Traffic Improvements. The Owner will cons ct right-of-way improvements along the project entrance from NW treet in substantial compliance with Sheets A3.00 of the Project pla r Such improvements shall include but not be limited to: (i) Creation of a new access roadway wi a painted median with two one (AI) lanes lane of ingress and . o (2) lanes of egress along the north -south portion of the NW Street entrance beginning at its terminus at NW 7 Street;and (ii) Creation of two (2) lanes o ngress and one (1) lane of egress along the east -west portion of tc - NW 7 Street entrance between the Blue Lagoon Condos gate a• ess and the north -south portion of the NW 7 Street entrance; an. (i4) iii Installation of ne crosswalks with differentiated surfaces designed to calm traff speeds and assist in pedestrian circulation in substantial .mpliance with Sheets L1.00, L1.01, L1.01a, L2.00, and L1.03 (e) Provision for rolley Stop. The Owner will seek the necessary approvals to extend C of Miami trolley routes into the Property. If the extension of such rou s is approved by the City, the Owner will, at their sole cost, const the improvements necessary to provide a trolley stop within the Prop y in substantial compliance with Sheets A2.00 and A3.00 of the Pr•'ect plans or as may be placed within the Project in a location of benefit t� the Project and surrounding neighborhood. (f) Installation of Aerator in Adjacent Submerged Lands. At Owner's expense, there will be installed in the privately -owned submerged lands adjacent to the Property, an aerator or other similar device within that portion of Blue Lagoon. MIAMI 885989 83518/86105 MI 583950d.d 83518/86105 3 (g) SUBSTITUTED Arts and Culture. Owner agrees that properties fronting NW 7th Street and specific terminating vistas of the Project site as identified in Sheet L1.00 the Project plans will incorporate art which shall be reviewed and appro -d by the Planning Director or designee. The Owner further agre- to contribute five thousand dollars ($5,000) each to Henry M. lagler Elementary and Kinloch Park Middle to support each school's sual and performing arts. (h) Project Art. Owner will provide art for the Project on -sit: ronting NW 7 Street and at specific terminating vistas on the Prop= y, as shown in specified locations in Sheet L1.00, which said art s . 1 be reviewed and approved by the Planning Director or designee. (i) Art in Public Places Master Plan. Owner wi contribute fifty thousand dollars ($50,000) to the City's Public Art Fu • i for the express purpose to cover the cost associated with creating a co - ive public art plan, guidelines and criteria for the acquisition and plac:. ent of Public Art for the Blue Lagoon, Flagler Grove, West Flagler P. ' , Winona Park and the Fair Lawns neighborhoods general area in accor. : nce with Article XVI entitled Art in Public Places of the City Code w► ch shall be incorporated in the City's Public Art Master Plan. Any rem ping funds from the contribution shall be expended in accordance with ction 62-661(1) of the City Code. (j) Welcome Signage. If a 1,,cation for signage is found by the City, then Owner will donate up t• en thousand dollars ($10,000) for the installation and construction of a 'gn welcoming visitors to the Flagami / Blue Lagoon Neighborhood Are All public benefits, pu .uant to this Section, with the exception of those listed in subparagraph (a) sh. be completed and fulfilled prior to the issuance of any Certificate of Occ . ancy ("CO") for the Property. Conditions Pr cedent. This Declaration shall become final and shall be recorded in the Publ' ' Records of Miami -Dade County, Florida upon expiration of all applicable ppeal periods after the re -zoning of the Property. Cove nt Runnin with the Land. This Declaration on the part of the Owner shal constitute a covenant running with the land and shall be recorded in the public reords of Miami -Dade County, Florida and shall remain in full force and effect nd be binding upon the Owner and its heirs, successors and assigns, until such time as the same is modified or released. These restrictions shall be for the benefit of, and limitation upon, all present and future owner(s) of the Property. 4 SUBSTITUTED (6) Modification, Amendment, Release. This Declaration may be modified, amended or released (a "modification") as to the Property, or any portion thereof, by a written instrument executed by the then owner(s) (or, if submitted to tr - condominium form of ownership, the condominium association in lieu thereo of the Property or portion thereof affected by such modification and the City w the approval of the City Commission at a public hearing, which such public earing being applied for by the Owner at the Owner's expense. Any such mod' cation of this Declaration will be subject to the approval by the City Attorney •r designee, as to legal form and correctness. (7) (8) (9) Term of Covenant. This voluntary Declaration on the part ' the Owner shall remain in full force and effect and shall be binding upon the 0 'ners of the Property, its successors in interest and assigns and shall be binding on them for an initial period of thirty (30) years from the date this Declaration is recorded in the public records and shall be automatically extended for succes ' e periods often (10) years, unless modified, amended or released prior to the e .iration thereof. Annual Review. (a) The City may review the Project once : ery twelve (12) months, commencing twelve (12) months after the Effect e Date. The City may begin the review process by giving notice to the 0 er, a minimum of thirty (30) days prior to the anniversary date of the Decl - ation, of its intention to undertake the annual review of this Agreement. If o work has commenced on the Property, then the Owner shall send a etter to the City advising that work has not commenced. (b) Upon the City's rep est, the Owner shall submit an annual report. Any information requi d of the Owner during an annual review shall be limited to that necessa ' o determine the extent to which the Owner is proceeding in good faith to • amply with the terms of this Declaration. Phased Devel i� ment. The Parties agree that redevelopment of the Property may be complete. sy multiple parties in multiple phases over the life of the Project. While the r wner anticipate that phased redevelopment of the Property will follow the pha ' g described on Sheet L0.00 of the Plan Set as a variety of factors inclu.' g but not limited to economic considerations and site conditions may req e changes to the scope and sequence of each phase. Accordingly, the Owner y so modify the scope and sequence of each phase without prejudice. (10) Multiple Ownership. In the event of multiple ownership subsequent to the approval of the Application, each of the subsequent owners, mortgagees and other 5 SUBSTITUTED successors in interest in and to the Property (or any portion thereof, including condominium unit owners) shall be bound by the terms and provisions of this Declaration as covenants that run with the Property. (11) Common Area Maintenance. The Owner will create, prior to the conveyce of any portion of the Property (less than the entire Property), an association •r other entity which shall provide for the maintenance of all common are , private roadways, cross -easements and other amenities common to the P .perty. This Agreement shall not preclude the owner(s) of the Property from m - ntaining their own buildings or common areas not common to the Property out e the control of the association. (12) Emergency Management and Mitigation Plan. Prior to the issuance of a Certificate of Occupancy, Temporary Certificate of Ocpancy ("TCO"), or the equivalent for the first new single -use building in t Property, the Owner, as required by the City's Comprehensive Plan (Polic CM4.3.4.) shall enter into a binding agreement with the City regarding a mergency Management and Mitigation Plan ("Emergency Plan") detailin, how the safety of people and property shall be accounted for and maintai , i in the event of a natural disaster, fire, act of God, or other similar event. The ergency Plan shall detail vehicle and pedestrian circulation, security systems and other preventative and protective measures and mitigation readily avail •le in the Property. The Owner, or their successors, heirs, or permitted ass ns, shall provide an updated copy of the Emergency Plan prior to the issuan' - of a TCO or equivalent for each new building in the future. (13) Consistenc with Com Project is in conformity Owner shall be bound b the date of obtaining nsive Plan. The City finds that development of the w' and is consistent with the Comprehensive Plan. The the City impact fees and assessments in existence as of uilding permit, per Chapter 13 of the Code. (14) Enforcement. forcement shall be by action against any parties or person violating, or a empting to violate, any covenants of this Declaration. This enforcement ovision shall be in addition to any other remedies available at law or in equity .r both. (15) Elect' i of Remedies. All rights, remedies and privileges granted herein shall be dee d to be cumulative and the exercise of any one or more shall neither be de= ed to constitute an election of remedies, nor shall it preclude the party ercising the same from exercising such other additional rights, remedies or privileges. 6 SUBSTITUTED (16) Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force a effect. (17) Venue, Choice of Law, Specific Performance. It is mutually underst. •d and agreed by the parties hereto, that this Agreement shall be governed by t- laws of the State of Florida, and any applicable federal law, both as to inter etation and performance, and that any action at law, suit in equity or judicial p •ceedings for the enforcement of this Agreement or any provision hereof shall , instituted only in the courts of the State of Florida or federal courts and venue fany such actions shall exclusively in a court of competent jurisdiction in the Co ty. Each party shall bear its own attorney's fees. Each party waives any defen whether asserted by motion or pleading, that the aforementioned courts are an ' proper or inconvenient venue. Moreover, the parties consent to the pe onal jurisdiction of the aforementioned courts and irrevocably waive any odjections to said jurisdiction. The Parties irrevocably waive any rights to a jury al (18) Recording This Declaration shall be record:, in the Public Records of Miami - Dade County, Florida at the Owner's expen and shall inure to the benefit of the City. A copy of the recorded Declaration . all be provided to the City Clerk and City Attorney within two (2) weeks of r ording. (19) No Vested Ri'hts• Adherence to -As slicable Laws. Nothing in this Declaration shall be construed to create an, vested rights whatsoever to the Owner, its successors and assigns nor al .w any development not in accordance with all applicable laws and City per ► tting procedures. Signed, witnessed, execut- and acknowledged this day of , 2018. {Signature Pages Follow} 7 SUBSTITUTED Owner: 7 at Blue Lagoon (1), LLC, a Delaware limited liability company STATE OF FLORIDA ) SS. COUNTY OF MIAMI-DADE By: Caroline Weiss, Sole Mem The foregoing instrument was acknowledged before me this 2018 by CAROLINE WEISS, as sole member of and on behalf of 7 LLC, a Delaware limited liability company, who is personally know driver's license as identification. My Commission Expires: Notary Public Sign Name: Print Name: er day of BLUE LAGOON (1), to me or produced a valid Signed, witnessed, executed and acknowledged this day of , 2018. {Signature Page Follows} MIA 15885989 83518/86105 MI 583950d.d 83518/86105 8 SUBSTITUTED Owner: STATE OF FLORIDA ) SS. COUNTY OF MIAMI-DADE 7 at Blue Lagoon (2), LLC, a Delaware limited liability compan Bv: Caroline Weiss, Sole ember The foregoing instrument was acknowledged before me this 2018 by CAROLINE WEISS, as sole member of and on behalf • 7 LLC, a Delaware limited liability company, who is personally ; own driver's license as identification. My Commission Expires: Notary Public Sign Name: Print Name: day of AT BLUE LAGOON (2), to me or produced a valid Signed, witnessed, executed and acknowledgethis day of , 2018. {Signature Page Follows} 9 SUBSTITUTED Owner: Caroline Weiss STATE OF FLORIDA ) SS. COUNTY OF MIAMI-DADE Bv• Caroline We : s, Individually The foregoing instrument was acknowledged befor: me this day of 2018 by Caroline Weiss, an individual, who is personally own to me or produced a valid driver's license as identification. My Commission Expires: Notary Pub Sign Na Print N Signed, witnessed, executed and ackn ledged this day of , 2018. 10 APPROVED: By: SUBSTITUTED Francisco J. Garcia, Director of Planning APPROVED AS TO LEGAL FORM AND CORREC " ESS: By: Victoria Mendez, City Attorney 11 SUBSTITUTED Exhibit "A" Legal Description 12 SUBSTITUTED That part of Tract h 2 of T OF NT DZIO Cr Tt 54 C1,0 5EI !ads TOWNSIIF 53 5111, 1, RANGE 41 Ek5T, LY 501111 405 JfttL45 Of TAMIAMI C, NAB,', ac cong to the it totof, 135 recordedm tte f' k @ a Pad 101 t1.- Pijviz Record5o Dade County, r'cnda, tv mat earl' iciesair.4 a5 artrer a at the conrete Kane tat t pint of Mort t 7th .r , ead moninent Ong jso SootheA orter of 5,16 31; thneWf5 + Sotti fine of Sid 5fd for 31 for I 1 4.0f e ; t1 ,;e Deg., 38 MOO Palk v+i tit EaSt l+re of 53r Sea 31 of 40.01 feet; thence 1lie5t 3or i a 40.CC fed Nod of aid Panel with 50iitt rye d sad Sedion 31 for 130.01 e N 011 Del., 35MP, 30 Sec, f for 145.10 feet; the1e Wei for 16Q.CO f tile= Nati 01 Deg, &5 Ma. 3) Sec. f foc I 00,00 feet; enefr2 14te5t 29.40 f the Poi a ?,e3mr AP, cabfue aim! the la5t CiWbe4 CUM fat 7.3 fe t; Me N 01 Del. 38 Miir , f fcr CAI .; ' . to a,poet on a oro ar SOU Pont ar55 47 N., 55 ffir.,12 Etc. certer of the foilco,ng de kJ e; t: ce Nbrt1'eztzi1y aionl the arc Id rcUar art to the left be mat to the Kati , Fri, a r?Ju5 of 1395, fee and a certi aqf of ' 1., J3 Min., 54 Sec. for ari arc dstart a of 3.84 feet to a Part anc ncy, N A) Deli, C An., 55 E 1.• M.27 fee.; ttrce 5:uth Wt8.33 feet tz 'cirt of g, cort2rfril C.°5 acne and 13 SUBSTITUTED That part of Try No.2 of 'FIAT TA- 'TT1C OF 111E S a Of 5ECT1ON 31, TC 15111? 53 50. RAilla 4 f 5T, LYNG S3UTII AND 50.F.IDET 1411,411 CANAL', ac, ordirto tfe rat thereof. as recorded in tie Flat 15ook, 28 at gage a C of tfe Rcords of Gam avti, I=irnda. camera at the COVete rare set In tie pavement ibrthtest 7th 5 Sabot cow c fd SecIon 31: t N O 136304 E, alorili the t ire of sod Secta 31, the vie Ogle sold Tract f .2 aleo tit zoteci center ne of Notest 47th Avenge 40.02 feet: r e West alor9 a Ile bag 40 feet North oi Ad pal of d Sec : : •:.CO feet to the PoInt of Se irr for after described: thence corit,rje West adti the tact Idextfr N OI 36'3(1, para1el Ilth the East line of said Sects, 1 COLO feet; thence N 0136'3 E for I OQ, ' f Nord:f ,33feet, thenceN415O'55'for NortlreasternIlt5otifreasterily or the 5Out! t h4+a of 50,r dIstice of 123.61 f thesce aloe the arcof sold olive to 45.03 feet and a entral South for 214,27 f to Pont and ce run it of ad5tarxof *i h the 5xtt h, eortart.threcti 're for 133.00 I13t thence 145, ID feet; therce West fcr West for 25.40 feet; there 1.54 feet to a girt cre. therce ski one to the nq cou t to tie eft and a xtrA arile cf 141 305' for an arc NCO" W [or 3 .2 1 5outhezter*-ttheastenriy ,ef t, bfIcorm to to Noftzt ald haw a rade of rile of 101 GI +J' for an arc Jars of I 25.57 feet; trz trence set for 154.52 fret; thence 5 O 1363O' V for 245.10 feet nr, N/ 2305 acre. 14 SUBSTITUTED That pat of Tract No.2 of `FLAT Of THAT F1 iON Of THE 51111565T Of 5' ION 31, TOVA51-1 P 53 5C H, RANGE 41 EAST, LYNSSCLMIAKDLiTtil5T TANIIWICANAV. accord9 to tie Mat thereof, as record& r ,IUD Pat 10 o{ tte f'Lblac fiords of Dade County, Forida, lyng a In th Dade County, Hotta, tem/ more paticularly descried a fold w � corcrete rnorurrent set In the anent of NorthAte5t 7615 of wid Section 31; thence liVest a n9 he Scutt) hne of 5 feet; thence II 01 3&301 3837 E with the Eat line of 5DSection 31 for 265.12 feet to tie Point of nd hereinafter de crhed one; thence North coUve to the Sou Wit. hav+n9 i radhu5 of ar at distance of •.35 feet to a P 154.19 feet to a Po rat of cu:Ne of or alorr of 73 27'00' for a dsstarea 59'57'N for 65.17 feet to NeYtheasterly,, along the a 35 feet and a c.&itr 44'2 r'E alona a r 170.93 feet; V at Page ity of thrii, rM.r e at the at the 5outheast Corner e 31 for 1114.00 Section wth the 'ast 1,1 of 419 of the pxces of the parveI of feet a a central Nile of 95 5711' t of 73-lexte, tierce 5 04 32'49'E for ar curve to the ; therce 5oL he- Easterly 57. GS feet to a PooPoot of Tam-, tierce 5 77 of cirve of a airy • arse to the left; theta te'iy- of 5diJ curs, beirk3 cor ie to the North , hao n a radIi,'5 of of 52 44'3G' for a distaice of 32.22 feet; them 5 40 add to the descri . cure for 31.22 feet; them East for e South for 142.17 feet; thence A'est f or 355.63 feet to the Pont ricanina 3.'XJ acr, more Cff , MIAMI 583950d.d 83518/86105 15