HomeMy WebLinkAboutExhibit BPlease this instrument after recording to:
Office of Zoning
City of Miami
444 SW 2nd Avenue
4th Floor
Miami, Florida 33130
Prepared By:
Javier E. Fernandez, Esq.
Holland & Knight LLP
701 Brickell Avenue, 33`1Floor
Miami, Florida 33131
SUMMED INTO
THE NI3 L IC RECORD
FOR ITE (S) J2,jJON fu//ek
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENT that the undersigned, OMEGA GRID
DEVELOPMENT CORP., a Florida profit corporation (hereinafter, the "Declarant") hereby
makes, declares and imposes on the land herein described, this Declaration of Restrictive
Covenants (the "Declaration"), and the covenants running with the title to the land contained
herein, which shall be binding on the Declarant, all heirs, grantees, successors and assigns,
personal representatives, mortgagees, lessees, and against all persons claiming by, through or
under it.
WHEREAS, Declarant is the owner of that certain property located at 1136 NW 8th Avenue
and 1157 NW 11th Street Road in the City of Miami, Florida, (together, the "Property"), more
particularly described on Exhibit "A," attached hereto and incorporated herein; and
WHEREAS, on February 23, 2017, and March 23, 2017, the City of Miami ("City")
Commission established the adopted Ordinance Nos. 13665 and 13672, respectively, establishing
the City's Attainable Mixed -Income Housing Development incentive program (the "Program") to
assist in providing Extremely Low -Income and Attainable Workforce Housing Dwelling Units in
a single project for the benefit of individuals and families whose incomes do not exceed 140% of
area median income ("AMI") for Miami -Dade County ("County") as determined by the United
States Department of Housing and Urban Development ("HUD"); and
WHEREAS, the Program allows owners of land zoned T5 or higher located within a quarter
(%) mile from a Transit Corridor or a half (Y2) mile from a Transit Oriented Development ("TOD")
that do not abut a T3 Zone to avail themselves of certain relaxations to the Height, Parking,
maximum Lot Size, Setback, Frontage Line, Liner, Floorplate and Density requirements set forth
in Miami 21; and
WHEREAS, in exchange for the benefit of utilizing the aforementioned relaxations to the
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standards set forth in Miami 21, Declarant agrees to rent 20% of the Dwelling Units in the
Attainable Mixed -Income Housing Development to Households earning up to 50% of the AMI
and the balance of the Dwelling Units to Households earning up to 140% of the AMI as required
pursuant to Section 13.15.2.a. of Miami 21; and
WHEREAS, the City granted the Declarant's request to rezone the Property from Urban
Core Transect Zone Limited (T6-8-L) to Urban Core Transect Zone Limited (T6-12-L) and, as
consideration for the granting of this request, Declarant has further proffered to limit the total
Stories and the maximum Height of the proposed Building as indicated hereinbelow; and
NOW, THEREFORE, IN ORDER TO ASSURE the City that the Declarant's promises in
connection with the rezoning and the obligations and requirements of the Program will be aided
by, the Declarant, its successors and assigns, freely, voluntarily, and without duress hereby makes
the following Declaration covering and running with Property and shall bind the Declarant, any
assignee, mortgage, or buyer, and all other parties that receive title to interest in the Attainable
Mixed -Income Housing Development:
1. The foregoing recitals are true and correct and are incorporated herein.
2. Definitions.
(a) "Approved Rent" means rents that do not exceed the maximum monthly Rent
Limit as determined for the County by HUD in its annual income Limits and Rent Limits as used
by the Florida Housing Finance Corporation for its multifamily rental programs (published
annually at www floridahousing.org), a copy of which is attached and made part hereof as Exhibit
«Bey
(b) "Area Median Income" or "AMI" means the median income level for the
Miami -Dade County Metropolitan Statistical Area, as established and defined in the annual
schedule published by the Secretary of HUD, and adjusted for household size.
(c) "Attainable Mixed -Income Housing Development" means a development
completely comprised of Extremely Low Income Housing Dwelling Units, Affordable Housing
Dwelling Units, and Workforce Housing Dwelling Units; and may be subject to Density bonus.
(d) "Certificate of Qualification" means either:
i. a certificate approved by the Department and used by the Declarant to
satisfy the requirements of Section 3.16.1.a of Miami 21; or
ii. a certificate executed by the Declarant or his/her designee confirming a
Household's eligibility to occupy either an Extremely Low Income Housing Dwelling Unit or an
Attainable Workforce Housing Unit located within an Attainable Mixed -Income Housing Project.
(e) "Control Period" means the period during which the affordability restrictions
set forth in Section 3.15.2.a. of Miami 21 shall apply, which period shall commence from the date
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the Attainable Mixed -Income Housing Development is available for public occupancy as
evidenced by the issuance of the certificate of occupancy or temporary certificate of occupancy,
whichever is issued first, for the Attainable Mixed -Income Housing Development, which period
shall be for an initial term of not less than 30 years with two (2) automatic ten (10) year extensions
that may be released by the City Commission.
(f) "Department" means, unless otherwise indicated, the City's Community and
Economic Development Department or its successor agency.
(g) "Director" means, unless otherwise indicated, the Director of the Department
or successor agency.
(h) "Dwelling Unit" means the primary residence of a single housekeeping unit.
(i) "Eligible Household" means, subject to the provisions of Section 3.15.6 of
Miami 21, a household whose total income does not exceed 140% of AMI.
(j) "Eligible Household Income" means any income derived by any proposed
occupants of either an Extremely Low Income Housing Dwelling Unit and an
Affordable/Workforce Housing Dwelling Unit, as the case may be, who are 18 years of age or
older and who will use said unit as their primary residence.
(k) "Extremely Low Income Housing" means a Dwelling Unit, 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 at
or below thirty percent (30%) of the AMI.
(1) "Household" means any natural person or group of natural persons that occupy
either an Extremely Low Income Housing Unit or Affordable/Workforce Housing Dwelling Unit,
as the case may be, as their primary residence.
(m) "Qualified Household" means an eligible household that has received a
Certificate of Qualification from the Department.
3. Eligibility to Rent. Dwelling Units within an Attainable Mixed -Income Housing
Development may only be rented, before the expiration of the Control Period, by Qualified
Households to be used as primary residences for those households. Prospective Eligible
Households seeking to rent a unit within an Attainable Mixed -Income Housing Development shall
complete and execute the Certificate of Qualification as part of their Dwelling Unit lease
application. Completed copies of the Certificate of Qualification, executed by the Declarant or
his/her designee, shall be transmitted to the Department upon a determination of eligibility by the
Declarant. The Declarant or property manager of the Attainable Mixed -Income Housing
Development shall retain the original Certificate of Qualification on -site in the Qualified
Household's file and provide a copy of the same to the Department. Copies of documents provided
by the Eligible Household evidencing their earnings and City residency shall be retained in the
Qualified Household's file along with the Certificate of Qualification.
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4. Limits on Rents. Dwelling Units within an Attainable Mixed -Income Housing
Development, before the expiration of the Control Period, may only be rented at rents that do not
exceed Approved Rents, which current schedule of Approved Rents is attached in Exhibit "B".
5. Leasing of Units During Control Period. Dwelling Units within an Attainable Mixed-
Income Housing Development shall be leased only to Qualified Households during the Control
Period. Qualified Households shall be provided leases of a minimum period of twelve (12)
months, which shall comply with all applicable federal and state laws. Such leases shall, at a
minimum, include: (i) provisions that specify the maximum Household size allowed in the unit;
(ii) a prohibition against subleasing; and (iii) a requirement that Qualified Household shall report
any changes in Household size or income and, further, that Declarant or his/her designee shall
annually certify Household's continued eligibility to occupy a Dwelling Unit within the Attainable
Mixed -Income Housing Development.
6. Distribution of Dwelling Units. In exchange for the Density bonus authorized pursuant
to Section 3.15.2.a. of Miami 21, Declarant shall ensure that Dwelling Units within an Attainable
Mixed -Income Housing Development shall comply with the following requirements:
a. Extremely Low -Income Dwelling Units. Not less than ten percent (10%) of the
Dwelling Units within the Declarant's Attainable Mixed -Income Housing Development shall be
Extremely Low -Income Housing Dwelling Units;
b. Affordable Housing Dwelling Units. Not less than ten percent (10%) of the
Dwelling Units within the Declarant's Attainable Mixed -Income Housing Development shall be
Affordable Housing Dwelling Units available to individuals or households whose income is at or
below fifty percent (50%) of the AMI; and
c. Workforce Housing Dwelling Units. Up to eighty percent (80%) of the Dwelling
Units shall Workforce Housing Dwelling Units available to individuals or households earning
more than sixty percent (60%) and up to one hundred and forty percent {140%) of the AMI.
7. Compliance Monitoring. Qualified Households shall comply with all monitoring
requirements established by the Department. Department shall conduct an on -site inspection of
the Declarant's Attainable Mixed -Income Housing Development to review client files for
Household Income verification. If a Qualified Household's Eligible Household Income exceeds
the maximum permitted income levels, the Qualified Household shall be allowed to remain in
either the Extremely Low -Income Dwelling Unit, Affordable Housing Dwelling Unit, or
Workforce Housing Dwelling Unit for the remaining term of the lease.
8. Development Limitations. Declarant shall limit the future development of any future
Attainable Mixed -Income Housing Development on the Property to the lesser of 210 feet or 15
Stories in Height consistent with the requirements of Section 3.5.1 of Miami 21.
9. Term of Declaration. The provisions of this instrument shall become effective upon
their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect
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through the end of the Control Period unless released in writing earlier following the approval by
the City Commission. If the Attainable Mixed -Income Housing Development was the beneficiary
of a parking reduction authorized by the terms of Section 3.15.5 of Miami 21, termination of the
Control Period or the authorization of a release of this Declaration during the term of the Control
Period shall be subject to Attainable Mixed -Income Housing Development's satisfaction of the
parking requirements in effect at the time of the Control Period's termination or Declarant's request
for a release. Upon the expiration of the Control Period or the release of this Declaration following
approval by the City Commission, the City shall record in the Public Records of the County, at the
Declarant's sole cost and expense, an instrument releasing the Attainable Mixed -Income Housing
Development from the requirements to provide Dwelling Units to EIigible Households as outlined
hereinabove.
10. Amendments, Modifications, Releases. This Declaration may be modified, amended
or released as to the Property, or any portion thereof, by written instrument executed by the then
owner(s) of the Property, including joinders of all mortgagees, if any, provided that the City
Commission, upon the recommendation of the Director, approves said amendment, modification
or release.
11. Seniority to All Instruments Securing Permanent Financing. This Declaration shall be
senior to all instruments securing permanent financing, except that tax and assessment liens shall
be superior to the covenants and restrictions in this Declaration.
12. Discrimination. The Declarant shall not discriminate against any person in the exercise
of its obligations under this Declaration and all such actions shall be taken without regard to race,
age, religion, color, gender, sexual orientation, gender identity or expression, status as a victim of
domestic violence, dating violence, or stalking, national origin, marital status, physical or mental
disability, political affiliation, or source of legitimate income, or any other factor which cannot be
lawfully used. For purpose of clarity, the foregoing limitations shall not construed to preclude the
Declarant from denying an EIigible Household an opportunity to lease a Dwelling Unit within the
Attainable Mixed -Income Housing Development based upon such factors as the Eligible
Household's poor credit history or their inability to demonstrate Household income sufficient to
pay the Approved Rent and any other financial obligations.
13. Enforcement. The City is the beneficiary of this Declaration; and, as such, the City
may enforce the terms of this Declaration by action at law, in equity, or both. The violations may
also be enforced pursuant to the City Code, specifically, Chapter 2, Article X, entitled, "Code
Enforcement."
14. Severability. Invalidation of any of these covenants by judgment of a court shall not
affect any of the other provisions, which shall remain in full force and effect.
15. Laws and Venue. This Declaration shall be construed in accordance with the laws of
Florida and venue shall be Miami -Dade County, Florida.
16. Survival. This Declaration shall survive any proceedings in foreclosure, bankruptcy,
probate or any other proceedings at law or in equity.
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17. Recordation. This Declaration shall be recorded in the Public Records of Miami -Dade
County at the Owner's expense within ten (10) days of its acceptance by the City. City shall be
promptly furnished with a recorded copy of this Declaration within thirty (30) days of recording.
18. Headings. The headings herein are for reference purposes only and shall not affect the
meaning or interpretation of the terms and conditions hereof.
[Signature Page to Follow]
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Signed, witnessed, executed and acknowledged this day of , 2017.
Witnesses
Print Name:
Print Name:
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE
By:
Name: Alfredo Acosta
Title: President
The foregoing instrument was acknowledged before me this day of
2017, by Alfredo Acosta, as President of Omega Grid Development Corp, a Florida profit
corporation. Personally Known or Produced Identification
Type of Identification Produced
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Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
8/22/2017
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL:
Parcel 1
Lot 8, 9 and 10 less the West 10 feet, of Block 12, of HIGHLAND PARK, according to the Plat
thereof, as recorded in Plat Book 2, Page 13, of the Public Records of Miami -Dade County, Flor-
ida..
Parcel 2
Lots 11 and 12, in Block 12, according to the Plat of HIGHLAND PARK, as recorded in Plat Book
2, Page 13, of the Public Records of Miami -Dade County, LESS THE PART THEREOF HERE-
TOFORE CONVEYED TO MIAMI-DADE COUNTY, FLORIDA, as described as follows:
Commence at the Southwest comer of said Lot 12, such point also being the POINT OF BEGIN-
NING of the herein described parcel of land; thence N°52'05" E along the South line of Lot 12 for
100.91 feet, to the Southeast corner of said Lot 12; thence N12°17'17" W along the East line of
said Lots 11 and 12, for 41.60 feet, to a point of cusp with a tangent curve concave to the North-
west, having a radius of 25.00 feet; thence Southwesterly 36.16 feet along the arc of said curve
through a central angle of 82°51'43" to a point of tangency; thence S 80°34'30" W for 72.28 feet
to a point of curvature with a curve concave to the Northeast, having a radius of 25.00 feet; thence
23.76 feet along the arc of said curve through a central angle of 54°27'27", to a point of cusp with
a tangent line such line being the West line of said Lot 12; thence S 44°58'03" E along West line
of said Lot 12, for 20.94 feet to the POINT OF BEGINNING.
Parcel 3
Lots 16, 17, 18, and the West 10 feet of Lots 8, 9 and 10, in Block 12, of HIGHLAND PARK,
according to the Plat thereof, as recorded in Plat thereof, as recorded in Plat Book 2, at Page 13,
of the Public Records of Miami -Dade County, Florida.
Parcel 4
Lots 19 and 20, Block 12, of HIGHLAND PARK, according to the Plat thereof, as recorded in
Plat Book 2, at Page 13, of the Public Records of Miami -Dade County, Florida.
ALSO KNOWN: 1136 NW 8th Avenue and 1157 NW l lth Street Road, Miami, FL
FoLIo(s): 01-3135-019-2000, 01-3135-019-2030, 01-3135-019-1990, and 01-3135-019-2020
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EXHIBIT "B"
HOUSEHOLD INCOME & APPROVED RENTS
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Note'. The hole harmless provisions of IRS Section 142(112)(E) mean that projects with at least One building placed in service on or before the end 0f the 454ay lransroorl pen0d for
newly -released limits use whichever limits are greater. the current -year limits or the limits in use the preceding year.
HUD released 4/1412017
Implement on or before 5128/2017
FHFC Posted : 4/17/2017
2017 Income Limits and Rent Limits
Florida Housing Finance Corporation
Multifamily Rental Programs (except HOME and SHIP) and CWHIP Homeownership Program
Cnunly714e101
Percentage
Category
Income Limit by Number 01 Pelsens in NOUSeh014
Rent Limit b
Humber of Bedrooms in Unit
1
2
3
4
5
6
7
8
9
10
0
1
2
3
4
5
Martin County
25%
10.550
12,050
13,551
15.050
16,275
17,475
18.675
19,875
21.070
22.274
263
282
338
391
436
481
rPol Saint Lucie NSA_)
28%
11,816
13,498
15,176
14,856
18228
19,572
20.916
22260
23.598
24.947
295
316
379
438
489
539
3056
12.660
14.460
16,260
11.660
19.520
20.970
22.410
23,850
25,284
26.729
316
339
406
469
524
578
33%
13,926
15,906
17.886
19.866
21.483
23,067
24.651
26235
27 612
29,402
348
372
447
516
576
636
35%
14.770
16,070
18.970
21.070
22.785
24,445
26.145
27.825
29,498
31.184
369
395
474
548
611
674
40%
16880
19.280
21600
24.080
25,040
27,960
29,800
31,800
33.712
35636
422
452
542
626
699
771
45%
18,990
21.690
24,390
27.090
21,295
31,455
33.615
35.775
37.926
40.093
474
508
609
704
786
867
50%
21,100
24,100
27,100
30,100
32,550
34.950
37.350
39,750
42.140
44.548
527
565
677
783
873
963
60%
25.320
28,920
32,520
36,120
39,060
41,940
44.820
47 700
50,568
53,458
633
678
813
939
1,048
1156
Me10al: 58.090
80%
33,760
38,560
43,360
48,160
52,080
55,920
59.760
63.600
67424
71.277
844
904
1084
1253
1,398
1,542
120%
50,640
57,810
65.040
72,240
78128
83.886
19.640
95.400
101.134
106.915
1.266
1,356
1.626
1.819
2,097
2.313
140%
59,080
67480
75880
54,280
91740
97.880
104.530
111.300
117.992
124,734.
1477
1552
1.597
2,192
2.446
2.698
Miami-004e County
2556
13.226
15,100
17.000
18.875
20.409
21.000
23,425
24.925
26,425
27.935
330
354
425
490
547
604
(Miami4.1iami Beach-
28%
14812
16.912
19040
21,140
22.848
24.528
26236
27916
29,596
31.297
370
396
476
549
613
676
Ke00dIIHMFA,
30%
15,870
18,120
20400
22.650
24,480
26.280
28.110
29.910
31.710
33,522
394
424
510
589
657
725
Mi2mi-F04 Lauderdale
3356
17457
19932
22440
24,915
26,928
28,908
30,921
32,901
34,1131
36,874
436
467
561
648
722
797
POmpalw Beath MSAI
35%
18,515
21.140
23.800
26.425
28.560
30.660
32795
34.895
36.995
39,109
462
195
595
687
766
846
40%
21,160
24,160
27200
30,260
32,640
35,040
37,480
39,880
42.280
44.696
529
566
680
785
876
967
45%
23,605
27,180
30600
33,975
36,720
39420
42,165
44,865
47.565
50.283
595
637
765
883
985
1.087
511156
26,450
30,200
34.000
37,750
40,800
43,800
46,850
49850
52.850
55,870
661
708
850
981
1.095
1208
60%
31740
36,240
40600
45,300
48.960
52.560
56.120
59.820
63420
67,944
793
849
1.020
1.178
1.314
1.450
Me4/40. 51,800
80%
42,320
48,320
54400
60.400
65,280
70,080
74960
79,760
84560
89392
1.058
1.133
1360
7571
1,752
1934
120%
63,480
72.480
81,690
90.600
97.920
105.120
11I.440
119.640
126.840
134.088
1.587
1,699
2.040
2.356
2.628
2.981
1400,
74.060
84,560
95,200
105,100
114,240
122,640
131,180
139,580
147,980
156436
1851
1,982
2,380
2749
3.066
3,384
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