HomeMy WebLinkAboutPZAB (2678) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-18-049
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 2678
Final Action Date: 9/10/2018
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION FROM "T6-8-L" URBAN CORE — LIMITED TO "T6-12-L" URBAN
CORE -LIMITED OF THE PROPERTIES LOCATED AT APPROXIMATELY 4865,
4875, & 4885 NORTHWEST 7 STREET MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; RECOMMENDING TO THE MIAMI CITY
COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED
DECLARATION OF RESTRICTIVE COVENANTS, AS ATTACHED AS EXHIBIT "B";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, 7 at Blue Lagoon (1), LLC; 7 at Blue Lagoon (2), LLC; and Caroline Weiss,
(collectively, the "Applicant") own the properties located at approximately 4865, 4875, and 4885
Northwest 7 Street, Miami, Florida (the "Properties" or "Property"); and
WHEREAS, the Properties are currently zoned "T6-8-L," Urban Core Transect Zone —
Limited; and
WHEREAS, the Applicant has submitted a request to change the zoning classification of
the Properties from to "T6-8-L," Urban Core Transect Zone — Limited to "T6-12-L," Urban Core
Transect Zone — Limited; and
WHEREAS, the City of Miami ("City") Planning Department recommended denial and
found that: 1) the proposed change of zoning will be compatible with neighborhood building
heights in relation to the properties to the west; and 2) the proposed zoning change is
inappropriate in light of the intent of the Miami 21 Code, particularly in relation to the effects on
adjoining properties as there is no T6-12-L in the vicinity; and
WHEREAS, the Applicant voluntarily proffered a Declaration of Restrictive Covenants,
attached hereto as an Exhibit "B" and summarized below:
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 Hearing 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
City of Miami Page 1 of 5 File ID: 2678 (Revision:) Printed On: 9/26/2018
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).
3. 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:
(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% 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"):
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 playground equipment at the
Park.
City of Miami Page 2 of 5 File ID: 2678 (Revision:) Printed On: 9/26/2018
iii. Twenty thousand dollars ($20,000) for an Arts for Senior's program
at the Park, which shall be expended in accordance with Section 62-
661(1)(d) of the City Code.
(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:
i. Creation of a new access roadway with a painted median with 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; and
ii. 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 Condos gate access and the north -south portion of the NW 7
Street entrance; and
iii. Installation of new crosswalks with differentiated surfaces designed to
calm traffic speeds and assist in pedestrian circulation in substantial
compliance with Sheets L1.00, L1.01, L1.01a, L2.00, and L1.03.
(e) 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.
(f)
(g)
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 terminating vistas of the Project site as identified in Sheet L1.00 of
the Project plans will incorporate art which shall be reviewed and approved
by the Planning 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 L1.00, which said art shall be reviewed and
approved by the Planning Director or designee.
City of Miami Page 3 of 5 File ID: 2678 (Revision:) Printed On: 9/26/2018
(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
(j) Welcome Signage. If a location for signage is found by the City, 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.
WHEREAS, Planning, Zoning and Appeals Board ("PZAB") has considered the goals,
objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other
City regulations; and
WHEREAS, the PZAB has considered the need and justification for the proposed
change, including changing and changed conditions that make the passage of the proposed
change necessary; and
WHEREAS, the PZAB also considered the Declaration of Restrictive Covenants,
voluntarily proffered by the Applicant limiting the development of the Properties, and attached
hereto as an Exhibit "B"; and
WHEREAS, the current Future Land Use designation of Restricted Commercial is
compatible with the requested "T6-12-L" Urban Core — Limited Transect Zone; and
WHEREAS, the proposed change maintains the goal of Miami 21 Code to preserve
neighborhoods; and
WHEREAS, the proposed change maintains the goals of Miami 21 Code to provide
transitions in intensity and building height; and
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The PZAB recommends that the City Commission amend the Zoning
Atlas of Ordinance No. 13114, as amended, by changing the zoning classification from "T6-8-L"
Urban Core - Limited to "T6-12-L" Urban Core — Limited Transect Zone for the Properties
located at approximately 4865, 4875, and 4885 NW 7 Street, Miami, Florida, as further
described in Exhibit "A," attached and incorporated, and accept the Declaration of Restrictive
Covenants voluntarily proffered by the Applicant, which is attached as Exhibit "B."
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Resolution shall become effective upon adoption by the PZAB.
City of Miami Page 4 of 5 File ID: 2678 (Revision:) Printed On: 9/26/2018
r
rancisco Garcia, Di'
Department of Planning
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
E xecu Ion Dat
Personally appeared before me, the undersigned authority, j �y�V. S , Clerk of the Planning, Zoning and Appeals Board of
cnieistcnre
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS2(J DAY OF �7 � , 201'_?
I •/CcHi1Z -]' + jc r-e Z
Print Notary Name
Personally know or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
otary Public State of Flori
My Commission Expires:
City of Miami Page 5 of 5 File ID: 2678 (Revision:) Printed On: 9/26/2018
Exhibit "A"
Legal Description
1 Par: of fret lio.2 ci T Of t PORTO G TE 5O1.` T C6 SECTION 31,
TCV?N511I12 53 501,1111, Rkill 41 fe, LIPLY116 KUM NC 51111. EAST OF 1-411 11
CANS.', ;mil to the Pit (gyred, J5 recorded in ft flat Eck la a; P4 10 of tit
fords of e Canty, florid; benvore Flalarty. d5aited 15 foil :
Comer at a cn rete rowed 54 at the paned of NorthNortkest ti Strom, act
mor ment being aI50 tip Souttost comer o i aal Sato 31; there; Westaalg SAtilIir
Of said Sala 31 for J 114; feet; theaceN0,1 Del,, 38 Min, 30 5e . E Farah nth t t
P !we of saA Sato 31 of 40,02 Fed; thence Vitt aona ire.110.00 feet North of at
Paralel ithit 500 ine o 5ad won 31 for 130.01 fed; time N 01 F ., 3 h r.,,
30 Sec. C for 145,10 feet; [lime Weir4ter 160.00 Feet: thence c Not ! Clet3, MIL
30 Sec. f for I . feet; tie X e5t 29 AO fed Go ti Pant cr beinirq Mee
wribnie alkr1 the lad rkscrbe4 calm for 77,23 feet; theitoe N 0I r i,g. 38 Mn, 3 ,
C for 601. to a ant on a cr iar ant 5oId Pant ben 517 Del., 55 Mr., 2 55
IN Earl ttie meter of the following de =cubed me; t•Trce I riftastedy along thear
sold ciralai ant to the left begiq conoma tlt Nate, r aradL15 1395.06
lett and a certA ark3Deli, ! 3, Min., 54 Sec, for al arc dame of 5 feet to a
Pod c tonopcy, th e 4 ) Pei,, 50 a ir,., 55 5ec. F 4 .27 feet; hence South for
,33 feet to the Port of Deglliatria!,0I99 acre ±,
That part of Traci No.2 of 'NI OF TtiAT ,TIN?ORTIN OF THE 5CUT T Of SECT#3N 31,
TOVN51IP 53 5111,1 GF 4 I Ems, LYING WM AND ,SOIribk5TOF TMlIAMI
UK, accorclin to tit P`at thereof, E recorded in the Flat I3ook 28 at Pare I 0 of the
Pubic Records of Gale County, ficndo, %%mein at the, ate rained set in the
pavement Northwest 7th Street and the Southeast caner of 551d 5ecbon 31; therce run
N 01 36301E, aiori the East Ii ; of 56:15ectlon 31, the !one hie being the East hie of
5oIJ track h1c.2 and also the gyred centerline of Nottiviest 47th Avenue fora Jetof
40.i02 feet; thence 'IVe t along a Inn beIng 40 feet North of at parallel mtlitheaxithline
of 5o1 Section 31 for 11 14.G feet to the Point of ; a f Ong for the rzcziof lard heron
after de5cr bed; knee contirae 4iest alm the East desotcllire for 1E00 fat; theize
lea 01 i' ', park' voth the fast line of Said Section 31 for 145.10 feet; there West for
cc.00 feet; thence 10138'3C E for I00,03. feet; them West for 29.40 feet; them.
North for GG$,33 feet; thence N 4 15055' for 21.94 feet to a port c ;[time
Northeastemly5outheastemly gorl the arc of sad curve?o the right being coocaye. to the
5outnest and 4,49 a radius of 50.E feet and a centd argyle of 1413305' for an arc
distance of 123,C I feet; thtilce 5 03 3 0' W for 3%,215outheasemly4l hea5ter +
alor3 the arc of scio curve to the efts been comae to the Northeast and had a radar!, of
45.00 feet and a central arlle of I CO I G 10" for an a c cistance of 125,57 feet; them
South for 224.27 feet; thence set for 154.92 feet; the 5 013$'30''IV for 245, I 0 feet
to the Pont of Ninnffig, Ccntalnlng 2,508 acres.
that pad of Trot No.2 of 'FLAT Of THAT PCRT1ON Of THE 501.11155T Of: SECTION
3 p , TORSIIIP 53 SOUTH,. kW 41 FA5T,. LY1 SDI AID 50010 Of
MIAMI ANAL". accordinn to tfia flat thereof, a5 r at. the Plot 13ook 28 at Pale
I D of tie Pudic R ord5 of Dade aunty, florida, Istrildin In Die City of Morak,
Dade County,, florida, kill more pa ^ticularly ciescnbed a5 follow Goorgellft at the
concrete rrionixr nt Set In the imernent of NorUiwe5t 7th 5tr at the 5oLtheast comer
of 501J Section 3 1; them IlIe5t along he 5ixith Tine of sold 5ecti n 31 for 1 ! 1 41'
feet; thence 141 01 6 E parallel with the East line d eoki Secticti with the East irt of
sak 5ection 81 for 2G5. I 2 feet to the Point of Belonint3 of the per! of the Nrcel of
land ieremafter clescritied ct're; thence Northea5terly aloe the xc of sold OM, 2611313
concam to the 5ouLriexit, hayin. ,a radius of 50 feet arzl a central angle of 95 57' 11'
For as at di5tance of # .35 feet to a Point of Talerey, thera 5 04 32'494E for
54.. ,19 feet to a Pant of aro of circular curve b t ie left; the 5ovtherfy- Easterly
al or , of 73 27'Q8' fora distance of 57,2 feet to a Pod of Tana y; theme 5 7
59'57 E for 65,17 fee.F to a Point of curve da acme orie to the left; thence fi5terly-
1 etheastedv, aloni3 the arc of 5old cum, bea3 concaveto the North, hat in? a radius of
35 feet and a ceitral aneje of 52 44'30' fora distance of 32,22 feet; them 5 40
14'27"E along a line ra i0 to tile desol,e4 cure for 31 .22 feet; there Exit
170.55 feet; ter South for 142,17 feet; thence INe5t for 355,83 feet to the Point
of berrani Containin, 3..00 alb more c
This instrument prepared by
and when recorded return to:
A. Vicky LeivaElinette Ruiz -Diaz de la Portilla, Esq.
1450 Brickell n„enue 23rd Floor
Saul Ewing Arnstein & 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 made 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, 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.
MIAMI 5839504.1 83518/86105
Blue-at
Revised May 14, 2018
1
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).
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:
(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% 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)
MIAMI 5885989 83518/86105
MIAMI 5 83 9501.1 83 518/8610 5
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
Planning Department in conjunction with the Parks Department and
Office of Capital Improvements.
(ii) Sixty thousand dollars ($60,000) for playground equipment at the
Park.
(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.
(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:
(i)
Creation of a new access roadway with a painted median-witho
one (2) lanes 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;and
(ii) 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 Condos gate access and the north -south portion of the NW
7 Street entrance; and
(ii iii Installation of new crosswalks with differentiated surfaces designed
to calm traffic speeds and assist in pedestrian circulation in
substantial compliance with Sheets L 1.00, L 1.01, L 1.01 a, L2.00,
and L1.03.
(e) 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.
(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 5885989 83518/86105
MIAMI 5839501.1 83518/86105
3
(g)
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 of
the Project plans will incorporate art which shall be reviewed and approved
by the Planning 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 L1.00, which said art shall be reviewed and
approved by the Planning Director or designee.
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.
(i)
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.
Conditions 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.
Covenant Running with the Land. This Declaration on the part of the Owner
shall constitute a covenant running with the land 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.
MIAMI 5885989 83518/86105
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4
(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 hearing
being applied for by the Owner at the Owner's ex.ense. Any such modification of
this Declaration will be subject to the approv. he City Attorney, or designee,
as to legal form and correctness.
(7)
(8)
(9)
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.
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.
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.
(10) Multiple Ownership. In the event of multiple ownership subsequent to the
approval of the Application, each of the subsequent owners, mortgagees and other
MIAMI 5885989 83518/86105
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5
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 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 maintaining their
own buildings or common areas not common to the Property outside the control of
the association.
(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.
(13) Consistency 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.
(15) Election 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.
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(16) Severabilit_y. 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 the
aforementioned courts and irrevocably waive any objections to said jurisdiction.
The Parties irrevocably waive any rights to a jury trial
(18) 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.
(19) 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
cable laws and City permitting procedures.
ed and acknowledged this day of , 2018.
{Signature Pages Follow}
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Owner: 7 at Blue Lagoon (1), 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 day of
2018 by CAROLINE WEISS, as sole member of and on behalf or7 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}
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8
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}
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9
Owner: Caroline Weiss
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI-DADE
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, wnessed, executed and acknowledged this day of , 2018.
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10
APPROVED:
By:
Francisco J. Garcia, Director of Planning
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
By:
Victoria Mendez, City Attorney
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11
Exhibit "A
Legal Description
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12
Tit pat of Tr4 No.2 o ifIAT Of WI TC ON OF 1 SCNA5T iCf 5E010 31,
TOWIShiP 53 50E, RANGf 41 E6T,1Y1N 5O1ITh SOUS ()FNMA
C ', accorivi to the Plat tirred, a recorded UrPit Book 28at Pay I O of tit
Po* Read of Dkle Coot, 1011da, rve ,r irI) d o1 �5 'r I �►•
epee at tit caveat mQf ument 5et at tit F3 `"` ci Scrtlit6t 7th Stzet, add
mowed tf z Scwtifiast cAomar of saicti 31; titizeVie5t for Sod lire
of Sad 5xt.i-,:r 3 I for 1114.00 feet; than N01 Deq., 38 Mn, 30 Sec., E Pad id tit
East 1ne of 5a4 Secton 31 of 4.02 feet; Ma VIe5t big a ire 40.00 fed North of
Para l t 506 ire d saO sea 31 fir 1AO fed; t1 ce N 01 Deg.,36 Mit,
30 Sec. E for 145,10 feet; t,1g►e e We5t 100.00 feet: them krth 01 k3,35Mn,
Sec. F for 100.00 feet; tee 29.40 feet to the Port of ► time
catae abrg fre tat azivedroar fcr 77.23 fit; tea h 01 Del. 38 Mr, 30 Sec
E fa l .; feet to a Font on a craiar ant 501d f'o+rt kr5 S 47 Dei, 55 k r, 12 Sec.
'Prom t t ceder of tl"e folool dared rant; tau tbrtitzteiy alb the rc of
mix art to ife lehtlicalcat to the rottie5t,iglany 1.346 of 1395.0
feet aril a cert4 ar9le of CO Deli, 13 Mit, 54 Sec. for an at &tarn of 534'eet to a
Part of Tayrof, that It, 50Min., 55 5a. E x84. 7 fed; tieSouti► for
.33 feet to tit Part ofcow 0.99 ce5
.f
and
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and
rt of Tract o2 of 'Di Of THAT Ei
I IP 53 KR, WISE 4i EA5TJYNG5
=69 to le Rat thegoi, as recorded in the
Putic Records ci Dge Cott, floida, corrnerre
paverrent of krtlittet ith She Ad tit Sod
WO, 36130 E, tit Ezt of 5ecton 3
sold Tract go.2 abo the 7024 certeirle of
xtv
4 Attu for
40.02 feet; thefice West alort3 a l'tie 40 feet North of aid mild mth
of set4 Sato 3 1 fa I 1 1 4.00 feet to tie Pointof «rfortlt
after 5 theb5t• kre for 131a) tea
N 01 36130,pr1e1 the tas kne of sad Secboti 31 for 145. I 0 feet;
1 CO„CO fett; titnce 01 337 fcrithenceWetF4Ofeetthete;
North rcr CGt,33 fed; Dime 5O55k2t34reet atrtcire,
Northeztemly-5outltasternly or the arc of sad cm to tit
aid ha,19 rado6 50.CO feet aid a cf 141 3O5'banarc
distrce of 123,41 tett; thence 5 03 W
alorl Ot, art of -cirveto tit left, ko:3 mut
45.1) feet rtd a central rile of 1 a) I C 1 fa
South for 224.27 feet; th for 154,92 feet; tterre
to tit Point o: &Limit .906 X115.
MIAMI 5885989 83518/86105
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43, a aditi of
14
9 feet to P
of7327`for a
595 'n far G5.17 fey to a
heasteriy,
35 feet and a city of 52 44'30' fa a di5
44*27f al esai
170,555 feel f 142.17 feet; tea
of Befnarki more Or 65
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