HomeMy WebLinkAboutExhibit B - Voluntary Covenant SUBTHIS DOCUMENT IS A SUBSTITUTION
OF THE ORIGINAL. THE ORIGINAL CAN
BE SEEN AT THE END OF THE DOCUMENT.
Prepared by and return to:
Greenberg Traurig
333 Avenue of the Americas
44th Floor
Miami, FL 33131
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of , 2021, by STIRRUP PROPERTIES, INC., a Florida for
profit corporation, having offices at 3619 Percival Ave, Miami, Florida 33133, 3227 GROVE,
LLC, a Florida limited liability company, having offices at 3444 Main Highway, Second Floor,
Miami, Florida 33133, and CAROL HENLEY, an individual, residing at 3277 Charles Avenue,
Miami, Florida 33133 (collectively, the "Owner"), in favor of the CITY OF MIAMI, Florida, a
municipality of the State of Florida (the "City").
WITNESSETH:
WHEREAS, Owner holds fee -simple title to certain properties located at 3227, 3247,
3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida (Folio Nos.
01-4121-007-5201, 01-4121-007-5210, 01-4121-007-5207, portion of 01-4121-007-5150, 01-
4121-007-5200, and 01-4121-007-4960), legally described in Exhibit A attached hereto and made
a part hereof (collectively, the "Property"); and
WHEREAS, Owner has filed applications for (a) a Comprehensive Plan amendment to re-
designate the Property from "Single -Family Residential" to "Low Density Restricted Commercial"
in the City's Future Land Use Map and (b) rezoning from T3-R/NCD-2 Transect Zone to T4-
L/NCD-2 Transect Zone on the City's Zoning Atlas (collectively, the "Application"); and
WHEREAS, Owner intends to redevelop the Property in a manner that promotes the
successful revitalization and restoration of the Village West Island District, identifies and enhances
the historical significance of the surrounding community, promotes gateways, gathering places
and activities corresponding the culture and heritage of the Village West Island District, and
compliments the character of the entire community by highlighting the history and culture of the
Village West Island District, as generally depicted in those certain plan sheets entitled Charles
Avenue Grove Village, as prepared by Borges + Associates Architects and attached as Exhibit B.
NOW, THEREFORE, Owner voluntarily covenants and agrees that the Property shall be
subject to the following restrictions that are intended and shall be deemed to be covenants running
with the land and binding upon the Owner, its successors in interest, and assigns as follows.
1. Recitals. The recitals and findings set forth in the preamble of this Declaration are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
MIA 186767431v3
FIL NO. 7232 - EXHIBIT B - VOLUNTARY COVENANT SUB
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 2 of 10
2. Restrictions. The Owner hereby makes the following voluntary declarations
running with the land concerning the Property:
a. Architectural Style. In accordance with the intent of the Village West Island
District and Charles Avenue Neighborhood Conservation District ("NCD-2")
regulations of Appendix A of Miami 21, any development on the Property shall
conform to the City' s Village Island West and Grand Avenue Architectural and
Urban Design Guidelines. Development on the Property shall maintain
fa9ade(s) that are consistent with the Caribbean architectural facades described
in the Village Island West and Grand Avenue Architectural and Urban Design
Guidelines, including the use of materials, architectural features, and techniques
that are compatible with the Caribbean vernacular style and traditional building
forms associated with African -American heritage, as generally depicted on
Sheets G-012, G-013, G-014, and G-015 of the Plans.
b. Density. Notwithstanding the rezoning of the Property to the T4-L Transect
Zone, the maximum density permitted at the Property shall be a maximum of
thirty-three (33) Dwelling units. For purposes of this Declaration, Lodging
Units shall be considered as equivalent to one-half (0.50) of a Dwelling Unit as
provided in Miami 21.
c. Uses. Notwithstanding the uses permitted under the T4-L Transect Zone, Multi-
family residential uses, as defined in Section 1.1 and Article 4, Table 3 of the
Miami 21 Zoning Code, shall not be permitted at the Property.
d. Building Height. The height of any structure(s) or other improvement(s) on the
Property shall not exceed a maximum of thirty-four (34) feet to the top of the
roof slab, as measured under Miami 21 and as generally depicted on Sheets G-
007, G-008, and G-009 of the Plans.
e. Preservation of Specimen Tree. The Property contains a strangler fig tree with
a height of approximately fifty (50) feet and a diameter of approximate 120
inches (the "Legacy Tree"). Due to its size, this Legacy Tree is considered a
Specimen Tree under Chapter 17 of the City Code of Ordinances (the "City
Code"). The Owner will incorporate this Legacy Tree as part of the
redevelopment on the Property and hereby agrees to preserve, protect, and
maintain the Legacy Tree, pursuant to the applicable provisions of Chapter 17
of the City Code.
f. Underground and/or Off -Site Parking. All parking for the redevelopment of the
Property shall be provided underground (below grade) and/or at an off -site
location.
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3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 3 of 10
g. Landscape Buffer. The Owner agrees to provide a landscape buffer along the
western property line to further screen the residential uses located immediately
to the west from the new development on the Property. This landscape buffer
shall comply with the Miami 21 requirements for buffers between dissimilar
land uses.
The Plans set forth the general architecture and style of the proposed development on the
Property. The Owner acknowledges that the future development of the Property will require
detailed site plan approvals by the City which will determine, among other things, the exact
location, distribution, and orientation of the proposed development to be located on the Property,
as well as other requirements for compliance with all requirements and regulations of the
applicable departments, agencies, overlays and/or disciplines as part of the City's site plan and
building permit approval processes including but not limited to, review by the City's Historic
Preservation Office, the Urban Development Review Board (UDRB), Environmental Resources
Division, Zoning, Planning, Building, Fire, and Public Works Departments. The Owner will
submit detailed plans substantially in accordance with this Declaration to the City and seek
approval of said plans through the ordinary municipal procedures.
3. Public Benefits. The Owner hereby proffers the following public benefits in
connection with the Application:
a. Job Creation and Employment Opportunities. The Owner shall consult with
local and/or state economic development entities regarding job training and job
placement services to City residents seeking employment opportunities with
potential employers which will locate or establish businesses within the
Property.
i. Job Creation During Construction. With regard to sourcing candidates
for employment opportunities resulting from the construction of the new
development on the Property, the Owner shall require its contractors and
subcontractors to utilize good faith efforts to employ a minimum of fifty
percent (50%) of on -site labor from persons residing within Miami -Dade
County. Priority hiring shall be given to those individuals residing in the
Village West area and surrounding areas in the following priority:
1. 1st Priority: Those residing in the 33133 ZIP code in the City.
2. 2nd Priority: Those residing in all other areas of the City.
3. 3rd Priority: Those residing in all other areas of Miami -Dade
County.
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3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 4 of 10
ii. Community Support, Job Training, and Career Development. The
Owner anticipates that the redevelopment of the Property will generate
employment opportunities in the hospitality sector. The Owner shall use
good faith efforts to work with local schools and local and/or state
economic development entities to place qualified program graduates and
participants in employment opportunities at the Property.
iii. Permanent Jobs. Following the issuance of a Certificate of Occupancy
for any development on the Property, the Owner shall set a goal to source
one hundred percent (100%) of the permanent jobs at the Property with
persons residing within Miami -Dade County. Priority hiring shall be
given to those individuals residing in the Village West area and other areas
in the following priority:
1. 1st Priority: Those residing in the Village West area shall have
priority during the first thirty (30) days of advertisement for the
relevant position.
2. 2nd Priority: Those residing in the 33133 ZIP code in the City
shall have priority during the next (30) days of advertisement for
the relevant position.
3. 3rd Priority: Those residing in all other areas of the City shall
have priority.
4. 4th Priority: Those residing in all other areas of Miami -Dade
County shall have priority.
The Owner shall maximize employment opportunities by individuals based upon
their place of residence in keeping with the hiring priorities outlined above;
provided, however, the targeted hiring priorities shall not be deemed or construed
to require Owner to hire employees who do not comply with OSHA requirements,
drug testing requirements and insurance company requirements; however,
candidates with minor or insignificant non-violent felony criminal records shall not
be denied employment solely based upon their criminal record.
iv. Living Wage. The Owner shall comply with the "Living Wage"
requirements as set forth in Article X of the City's Code of Ordinances
(Secs. 18-556 — 18-559), as may be amended from time to time, with
respect to all on -site permanent employees employed by Owner following
the issuance of a Certificate of Occupancy for any development on the
Property.
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3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 5 of 10
b. Public Benefits Cash Contribution. The Owner shall make a One Hundred and
Fifty Thousand Dollars ($150,000) contribution as a lump sum payment to
Rebuilding Together Miami -Dade, Inc. to assist in the organization's efforts to
repair and improve the homes of low income and vulnerable homeowners and
tenants in the Village West. This one-time contribution shall be made prior to
issuance of any building permit, including but not limited to a phased permit,
for Lodging development on the Property.
c. Traffic Improvements. The Owner agrees to implement the following traffic
improvement measures in connection with the development of the Property.
i. Access. There shall be no vehicular access to the Property from William
Avenue unless the Property is used for single-family residential purposes.
ii. Driveway Configuration. All ingress/egress driveways for the Property
to and from Charles Avenue must be configured to enter and exit towards
the direction of Main Highway.
iii. Speed Control Measures. The Owner agrees to pay for the costs of up to
a maximum of five (5) speed tables contemplated for Charles Avenue
under the City's traffic calming plan identified as CIP Project: 40-
B183612 on file with the City's Office of Capital Improvements.
All traffic improvement measures listed in this subsection 3(c) shall be
contingent upon the Owner receiving the necessary consents and legal
approvals by the applicable property owners, the City, Miami -Dade County,
and any other applicable governmental or regulatory agencies.
4. Effective Date. This Declaration is effective at the date of recordation of the
executed, original version of this Declaration in the Public Records of Miami -Dade County,
Florida (the "Effective Date"). This instrument shall constitute a covenant running with the title
to the Property and be binding upon Owner, its successors and assigns upon recordation in the
Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and
a limitation upon, all present and future owners of the Property and for the public welfare.
5. Term of Covenant. This voluntary covenant on the part of the Owner shall remain
in full force and effect and shall be binding upon the Owner, its successors in interest and assigns
for an initial period of thirty (30) years from the date this instrument is recorded in the public
records, and shall be automatically extended for periods of ten (10) years, unless modified,
amended or released prior to the expiration thereof.
MIA 186767431v3
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 6 of 10
6. Inspection and Enforcement. It is understood and agreed that any official
inspector of the City of Miami may have the right at any time during normal working hours of the
City of Miami's inspector to enter upon the Property for the purpose of investigating the use of the
Property, and for determining whether the conditions of this Declaration and the requirements of
the City's building and zoning regulations are being complied with. An action to enforce the terms
and conditions of this Declaration may be brought by the City and may be by action at law or in
equity against any party or person violating or attempting to violate any covenants of this
Declaration or provisions of the building and zoning regulations, either to restrain violations or to
recover damages. This enforcement provision shall be in addition to any other remedies available
under the law.
7. Governing Law. This Declaration shall be construed in accordance with the
laws of the State of Florida and any proceedings arising in any manner pertaining or relating to
this Declaration shall, to the extent permitted by law, shall be held in Miami -Dade County, Florida.
8. Amendment and Modification. This Declaration may be modified, amended, or
released as to any portion or all of the Property by a written instrument executed by the then
Owner(s) of the fee -simple title to the land being affected by such modification, amendment or
release, providing that the same has been approved by the City Commission after a public hearing
which public hearing shall be applied for at the sole cost and expense of Owner. Upon approval
of such modification amendment or release as specified herein, the Director of the City's Planning
Department, or his/her successor or designee, shall execute a written instrument in recordable form
effectuating and acknowledging such modification, amendment or release. Such instruments shall
be in a form acceptable to the City Attorney.
9. Counterparts/Electronic Signature. This Declaration may be executed in any
number of counterparts, each of which so executed shall be deemed to be an original, and such
counterparts shall together constitute but one and the same Declaration. The parties shall be
entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF
or other email transmission), which signature shall be binding on the party whose name is
contained therein. Any party providing an electronic signature agrees to promptly execute and
deliver to the other parties an original signed Declaration upon request.
10. No Vested Rights. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the Owner, its successors, or assigns.
11. Severability. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of this Declaration, which shall remain in full force and
effect.
12. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Owner, within ten (10) days of acceptance by the
MIA 186767431v3
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 7 of 10
City. The Owner shall furnish a copy of the recorded Declaration to the City Depaitruent of
Hearing Boards within thirty (30) days of recordation.
SIGNATURE PAGES TO FOLLOW
MIA 186767431v3
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 8 of 10
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
, 2021.
Witnessed by: Stirrup Properties, Inc.,
A Florida for profit corporation
By:
Name: David Porter, Jr., President
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of [ ] physical presence
or [ ] online notarization this day of , 2021 by David Porter, the
of Stirrup Properties, Inc. He personally appeared before me and is
personally known to me or produced as identification.
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
MIA 186767431v3
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 9 of 10
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
, 2021.
Witnessed by: 3227 Grove, LLC,
A Florida limited liability company
By:
Name: Peter Gardner, Manager
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of [ ] physical presence
or [ ] online notarization this day of , 2021 by Peter Gardner,
of 3227 Grove, LLC. He personally appeared before me and is personally known to me or produced
as identification.
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
MIA 186767431v3
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page l0 of 10
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
Witnessed by:
Name:
, 2021.
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
Carol Henley,
An individual
By:
Carol Henley
The foregoing instrument was acknowledged before m by means of [ ] physical presence
or [ ] online notarization this day of , 2021 by Carol Henley. She personally
appeared before me and is personally known to me or produced as identification.
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
MIA 186767431v3
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 11 of 10
APPROVED AS TO CONTENTS:
Cesar Garcia -Pons,
Director of Planning
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez,
City Attorney
MIA 186767431v3
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 12 of 10
Exhibit "A"
Legal Description of Property
• STIRRUP PROPERTIES, INC'S PROPERTY LEGAL DESCRIPTION
The West 53.75 feet of the East 196.25 feet of the South 118 feet, of Block 29, FROW
HOMESTEAD, according to the Plat thereof, recorded in Plat Book B, Page 106, of the Public
Records of Miami -Dade County, Florida.
LOT 20 BLOCK 29 OF FROW HOMESTEAD AMENDED, ACCORDIND TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK "B" AT PAGE 106 OF THE PUBLIC RECORDS OF MIAMI - DADE COUNTY, FLORIDA .
AND
W 110FT OF E 250FT OF N 117 FT OF BLOCK 29, FROW HOMESTEAD, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 8, PAGE 106, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA
Folio Nos.: 01-4121-007-5207, 01-4121-007-4960 and 01-4121-007-5200
• 3227 GROVE, LLC PROPERTY LEGAL DESCRIPTION
Parcel 1:
The West 40 feet of the East 92.5 feet of the South 118 feet, Black 29, of FROW
HOMESTEAD AMENDED, according to the Plat thereof, as recorded in Plat Book
"B", at Page 106, of the Public Records of Miami -Dade County, Florida.
Parcel 2:
The West 54 feet of the East 142.5 feet of the South 118 feet, Block 29, of FROW
HOMESTEAD AMENDED, according to the Plat thereof, as recorded in Plat Book
"B", at Page 106, of the Public Records of Miami -Dade County, Florida.
Folio Nos.: 01-4121-007-5201 and 01-4121-007-5210
• CAROL HENLEY PROPERTY LEGAL DESCRIPTION
THE WEST 107.5 FT THE EAST 250FT OF S118FT OF BLK 29 LESS W53.75FT OF E196.25FT OF S118FT BLK
29,FROW HOMESTEAD, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK B, PAGE 106, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
Portion of Folio No.: 01-4121-007-5150
MIA 186767431v3
Prepared by and return to:
Greenberg Traurig
333 Avenue of the Americas
44th Floor
Miami, FL 33131
Reserved for Recording
TUIC flCWI IMFIUT IC A UBSTIT - ION TO
SUBSTITUTED. IGI I. CAN BE
SEEN AT THE END OF THI ' OCUMENT.
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the " eclaration"), made
this day of , 2021, by STIRRUP PROPERTI ., INC., a Florida for
profit corporation, having offices at 3619 Percival Ave, Miami, Flori• , 33133, 3227 GROVE,
LLC, a Florida limited liability company, having offices at 3444 M. Highway, Second Floor,
Miami, Florida 33133, and CAROL HENLEY, an individual, rest • ng at 3277 Charles Avenue,
Miami, Florida 33133 (collectively, the "Owner"), in favor of th- ' ITY OF MIAMI, Florida, a
municipality of the State of Florida (the "City").
WITNESSETH•
WHEREAS, Owner holds fee -simple title to rtain properties located at 3227, 3247,
3257, and 3277 Charles Avenue and 3256 and 3270 illiam Avenue, Miami, Florida (Folio Nos.
01-4121-007-5201, 01-4121-007-5210, 01-4121-0►. -5207, portion of 01-4121-007-5150, 01-
4121-007-5200, and 01-4121-007-4960), legally . scribed in Exhibit A attached hereto and made
a part hereof (collectively, the "Property"); an
WHEREAS, Owner has filed applic , tions for (a) a Comprehensive Plan amendment to re-
designate the Property from "Single-Fami Residential" to "Low Density Restricted Commercial"
in the City's Future Land Use Map (b) rezoning from T3-R/NCD-2 Transect Zone to T4-
L/NCD-2 Transect Zone on the City' oning Atlas (collectively, the "Application"); and
WHEREAS, Owner inte - ds to redevelop the Property in a manner that promotes the
successful revitalization and res oration ofthe Village West Island District, identifies and enhances
the historical significance of e surrounding community, promotes gateways, gathering places
and activities correspondi the culture and heritage of the Village West Island District, and
compliments the characte of the entire community by highlighting the history and culture of the
Village West Island D. ct, as generally depicted in those certain plan sheets entitled Charles
Avenue Grove Villa -, as prepared by Borges + Associates Architects and attached as Exhibit B.
NOW, T . REFORE, Owner voluntarily covenants and agrees that the Property shall be
subject to the fe owing restrictions that are intended and shall be deemed to be covenants running
with the land - d binding upon the Owner, its successors in interest, and assigns as follows.
1 Recitals. The recitals and findings set forth in the preamble of this Declaration are
hereby - dopted by reference thereto and incorporated herein as if fully set forth in this Section.
MI 186767431v3
232. VDIunf-rf VirOi- SU8
•
THIS DOCUMENT 1S A SUBSTITUTION TO
SUBSTITUTED. rGIN CAN BE
—....... ..jIS • CUMENT.
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 2 of 10
2. Restrictions. The Owner hereby makes the following voluntary de arations
running with the land concerning the Property:
a.
Architectural Style. In accordance with the intent of the Villa
District and Charles Avenue Neighborhood Conservation D.
regulations of Appendix A of Miami 21, any development o
conform to the City's Village Island West and Grand Ave
Urban Design Guidelines. Development on the P
facade(s) that are consistent with the Caribbean archi
in the Village Island West and Grand Avenue Arc
Guidelines, including the use of materials, archite
that are compatible with the Caribbean vernac
forms associated with African -American h
Sheets G-012, G-013, G-014, and G-015 o
e West Island
trict ("NCD-2")
the Property shall
ue Architectural and
perty shall maintain
ctural facades described
tectural and Urban Design
ural features, and techniques
style and traditional building
tage, as generally depicted on
the Plans.
b. Density. Notwithstanding the rezoni of the Property to the T4-L Transect
Zone, the maximum density permi d at the Property shall be a maximum of
thirty-three (33) Dwelling units..' or purposes of this Declaration, Lodging
Units shall be considered as equ alent to one-half (0.50) of a Dwelling Unit as
provided in Miami 21.
c. Uses. Notwithstanding th - ses permitted under the T4-L Transect Zone, Multi-
family residential uses, . s defined in Section 1.1 and Article 4, Table 3 of the
Miami 21 Zoning Co. -, shall not be permitted at the Property.
d. Building Height. e height of any structure(s) or other improvement(s) on the
Property shall et exceed a maximum of thirty-four (34) feet to the top of the
roof slab, as p easured under Miami 21 and as generally depicted on Sheets G-
007, G-00 : and G-009 of the Plans.
e. Presery : tion of S s ecimen Tree. The Property contains a strangler fig tree with
a he t of approximately fifty (50) feet and a diameter of approximate 120
in es (the "Legacy Tree"). Due to its size, this Legacy Tree is considered a
ecimen Tree under Chapter 17 of the City Code of Ordinances (the "City
Code"). The Owner will incorporate this Legacy Tree as part of the
redevelopment on the Property and hereby agrees to preserve, protect, and
maintain the Legacy Tree, pursuant to the applicable provisions of Chapter 17
of the City Code.
f. Underground and/or Off -Site Parking. All parking for the redevelopment of the
Property shall be provided underground (below grade) and/or at an off -site
location.
A 186767431v3
THIS DOCUMENT IS A SUBSTITU, ON TO
rsnOrgerg62-71NA
. CAN BE
CUMENT.
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 3 of 10
g. Landscape Buffer. The Owner agrees to provide a landscape buffer
western property line to further screen the residential uses located
to the west from the new development on the Property. This la
shall comply with the Miami 21 requirements for buffers be
land uses.
The Plans set forth the general architecture and style of the propos
Property. The Owner acknowledges that the future development of t
detailed site plan approvals by the City which will determine, amo
location, distribution, and orientation of the proposed development t
as well as other requirements for compliance with all require
applicable departments, agencies, overlays and/or disciplines as
building permit approval processes including but not limited
Preservation Office, the Urban Development Review Board
Division, Zoning, Planning, Building, Fire, and Public
submit detailed plans substantially in accordance with
approval of said plans through the ordinary municipal
long the
mediately
scape buffer
een dissimilar
development on the
Property will require
other things, the exact
e located on the Property,
ents and regulations of the
art of the City's site plan and
o, review by the City's Historic
DRB), Environmental Resources
orks Departments. The Owner will
his Declaration to the City and seek
ocedures.
3. Public Benefits. The Owner here proffers the following public benefits in
connection with the Application:
Ml 186767431v3
a. Job Creation and Em • to - ent O • • ortunities. The Owner shall consult with
local and/or state econo ► c development entities regarding job training and job
placement services to ity residents seeking employment opportunities with
potential employers which will locate or establish businesses within the
Property.
i. Job Cre, ion During Construction. With regard to sourcing candidates
for em ► oyment opportunities resulting from the construction of the new
deve • pment on the Property, the Owner shall require its contractors and
su • ontractors to utilize good faith efforts to employ a minimum of fifty
rcent (50%) of on -site labor from persons residing within Miami -Dade
ounty. Priority hiring shall be given to those individuals residing in the
Village West area and surrounding areas in the following priority:
1.
1st Priority: Those residing in the 33133 ZIP code in the City.
2. 2nd Priority: Those residing in all other areas of the City.
3. 3rd Priority: Those residing in all other areas of Miami -Dade
County.
THIS DOCUMENT IS A SUBSTITUTIO TO
SUBSTITUTED. rINAL BE
S cu11 M I I FM N-Iw tar I 1 VS DOC - MENT.
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 4 of 10
b.
ii. Community Support, Job Training, and Career Development
Owner anticipates that the redevelopment of the Property will
employment opportunities in the hospitality sector. The Owner
good faith efforts to work with local schools and local a
economic development entities to place qualified program
participants in employment opportunities at the Property.
Public Benefits Cash Contribution. The Owner shall make
Fifty Thousand Dollars ($150,000) contribution as a 1
Rebuilding Together Miami -Dade, Inc. to assist in the
repair and improve the homes of low income and vu
tenants in the Village West. This one-time contrib
five (5) business days after the issuance of a bui
development on the Property.
4. Effective Date. This Declaration is effectiv
executed, original version of this Declaration in the Pub
Florida (the "Effective Date"). This instrument shall co
to the Property and be binding upon Owner, its succe
Public Records of Miami -Dade County, Florida. The
a limitation upon, all present and future owners of t
5. Term of Covenant. This volun
in full force and effect and shall be binding u
for an initial period of thirty (30) years fr
records, and shall be automatically ext
amended or released prior to the expir
e
g= erate
all use
d/or state
aduates and
One Hundred and
p sum payment to
ganization's efforts to
erable homeowners and
Lion shall be made within
ing permit for any Lodging
at the date of recordation of the
c Records of Miami -Dade County,
itute a covenant running with the title
ors and assigns upon recordation in the
restrictions shall be for the benefit of, and
e Property and for the public welfare.
Ty covenant on the part of the Owner shall remain
on the Owner, its successors in interest and assigns
m the date this instrument is recorded in the public
ded for periods of ten (10) years, unless modified,
on thereof.
6. Ins s ection and E orcement. It is understood and agreed that any official
inspector of the City of Miami m - have the right at any time during normal working hours of the
City of Miami's inspector to e r upon the Property for the purpose of investigating the use of the
Property, and for determinin: whether the conditions of this Declaration and the requirements of
the City's building and zong regulations are being complied with. An action to enforce the terms
and conditions of this D; laration may be brought by the City and may be by action at law or in
equity against any p. y or person violating or attempting to violate any covenants of this
Declaration or provi • ons of the building and zoning regulations, either to restrain violations or to
recover damages. his enforcement provision shall be in addition to any other remedies available
under the law.
7. Governing Law. This Declaration shall be construed in accordance with the
laws of th State of Florida and any proceedings arising in any manner pertaining or relating to
this Dec . ation shall, to the extent permitted by law, shall be held in Miami -Dade County, Florida.
MIA 1;.767431v3
•
THIS DOCUMENT IS A SUBSTITUTION 0
ORIGINA SUBSTITUTED. BE
SEEN AT - • - ENT.
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 5 of 10
8. Amendment and Modification. This Declaration may be modified, ame , ed, or
released as to any portion or all of the Property by a written instrument executed by he then
Owner(s) of the fee -simple title to the land being affected by such modification, amendment or
release, providing that the same has been approved by the City Commission after a pdblic hearing
which public hearing shall be applied for at the sole cost and expense of Owner.Upon approval
of such modification amendment or release as specified herein, the Director of tl'e City's Planning
Department, or his/her successor or designee, shall execute a written instrumentn recordable form
effectuating and acknowledging such modification, amendment or release. each instruments shall
be in a form acceptable to the City Attorney.
9. Counterparts/Electronic Signature. This Declaration may be executed in any
number of counterparts, each of which so executed shall be deemed to be an original, and such
counterparts shall together constitute but one and the same Declaration. The parties shall be
entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF
or other email transmission), which signature shall be binding on the party whose name is
contained therein. Any party providing an electronic signature agrees to promptly execute and
deliver to the other parties an original signed Declaration ipon request.
10. No Vested Rights. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the Owner, its successors, or assigns.
11. Severability. Invalidation of atiy one of these covenants by judgment of Court
shall not affect any of the other provisions ofthis Declaration, which shall remain in full force and
effect.
12. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at theost of the Owner, within ten (10) days of acceptance by the
City. The Owner shall furnish a,xcopy of the recorded Declaration to the City Department of
Hearing Boards within thirty (3 days of recordation.
SIGNATURE PAGES TO FOLLOW
MIA ?86767431v3
THIS DOCUMENT IS A SUBSTITUTION 0
SUBSTITUTED. THIS DOC
BE
EEN AT THE END OF TH S DOC ENT.
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 6 of 10
IN WITNESS WHEREOF, the undersigned has set his hand and seal this
, 2021.
Witnessed by: Stirrup Properties, Inc.,
A Florida for profit corporatio
By:
Name: David Porter, Jr., Pr sident
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowled: d before me by means of [ ] physical presence
or [ ] online notarization this day of , 2021 by David Porter, the
of Stirru. Pro.ertie Inc. He personally appeared before me and is
personally known to me or produced as identification.
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
MIA 1. 767431 v3
THIS DOCUMENT IS A SUBSTITUTIO TO
SUBSTITUTED. FINAL BE
S Le. ,. • v is—uw 'orn r . i DO ' MENT.
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 7 of 10
IN WITNESS WHEREOF, the undersigned has set his hand and seal this
Witnessed by:
Name:
Name:
, 2021.
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was ackno
or [ ] online notarization this day of
of 3227 Grove, LLC. He personally app red
as identification.
3227 Grove, LLC,
A Florida limited liabili company
By:
Peter Gardn , Manager
y of
ledged before me by means of [ ] physical presence
, 2021 by Peter Gardner,
before me and is personally known to me or produced
MI 186767431v3
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
THIS DOCUMENT IS A SUBSTITUTIO 0
O "=I 11U RAr•WI ID nQIt NAL BE
SE'SUBSTITUTED. IDOC ENT.
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 8 of 10
IN WITNESS WHEREOF, the undersigned has set his hand and seal this
Witnessed by:
Name:
, 2021.
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
Carol Henley,
An individual
By:
Carol Henley
The foregoing instrument was acknowlea .ed before m by means of [ ] physical presence
or [ ] online notarization this day of , 2021 by Carol Henley. She personally
appeared before me and is personally known o me or produced as identification.
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
MIA 86767431 v3
THIS DOCUMENT IS A SUBSTITUTIO TO
SUBSTITUTED. pINAL BE
S tm AI I nt criu yr I ni DO ' MENT.
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 9 of 10
APPROVED AS TO CONTENTS:
Cesar Garcia -Pons,
Director of Planning
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez,
City Attorney
Ml 86767431v3
T
SUBSTITUTED STITU ONTO
,IN CAN BE
SEEN AT THE END OF THIS
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 10 of 10
Exhibit "A"
Legal Description of Property
• STIRRUP PROPERTIES, INC'S PROPERTY LEGAL DESCRIPTIO
The West 53.75 feet of the East 196.25 feet of the South 118 feet, of B • k 29, FROW
HOMESTEAD, according to the Plat thereof, recorded in Plat Book B, Page 06, of the Public
Records of Miami -Dade County, Florida.
LOT 20 BLOCK 29 OF FROW HOMESTEAD AMENDED, ACCORDIND TO THE P T THEREOF, RECORDED IN
PLAT BOOK -B- AT PAGE 106 OF THE PUBLIC RECORDS OF MIAMI - DAD OUNTY, FLORIDA
AND
W 110FT OF E 250FT OF N 117 FT OF BLOCK 29, FROW HOMESTEAD, A CORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK B, PAGE 106, OF THE PUBLIC RECORDS
MIAMI DADE COUNTY, FLORIDA
Folio Nos.: 01-4121-007-5207, 01-4121-007-4960 and 0 4121-007-5200
• 3227 GROVE, LLC PROPERTY LEGAL
Parcel 1:
SCRIPTION
The West 40 feet of the East 92.5 feof the South 118 feet, Block 29, of FROW
HOMESTEAD AMENDED, accordin o the Plat thereof, as recorded in Plat Book
"B", at Page 106, of the Pub!' Records of Miami -Dade County, Florida.
Parcel 2:
The West 50 feet of the E. t 142.5 feet of the South 118 feet, Block 29, of FROW
HOMESTEAD AMENDED according to the Plat thereof, as recorded in Plat Book
"B", at Page 106, of th - ublic Records of Miami -Dade County, Florida.
Folio Nos.: 01-4121-0 7-5201 and 01-4121-007-5210
• CAROL . NLEY PROPERTY LEGAL DESCRIPTION
THE WEST 107. FT THE EAST 250FT OF S118FT OF BLK 29 LESS W53.75FT OF E196.25FT OF S118FT BLOC
29,FROW HO STEAD, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK B, PAGE 106, OF THE
PUBLIC RE • • RDS OF MIAMI-DADE COUNTY, FLORIDA.
Portio of Folio No.: 01-4121-007-5150
MI 186767431v3
CUMENT.
EXHIBIT B
THIS DOCUMENT IS A SUBSTITUTION TO
LBSTITUTED. INAL CAN BE
AI I nt tivu ar DOCUMENT.
CHARLES AVENUE GROVE VILLAGE
ISSUE DATE
borgev+
PROJECT TESY
CHARLES AVENUE
GROVE VILLAGE
1221.110/ WALES AYE
MAW. FL WSJ
FOLIO 00.0000-000-0O03
172202
COVER
AD SHAS SHOAIN
G-000
THIS DOCUMENT IS A SUBSTITUTION TO
Nun 0,ururynrs Jnr.
LAID SURVEYORS
sown.. MASON.
INAL CAN BE
:SUBSTITUTED. DOCUMENT.
VAN
NOT . PAIR
!A
LMCAMT Lot I mean IA
BOUNDARY SURVEY
1mrCw :iF�M
Bw.ARL-'Calf
TREEIry.�. TABLE
' MANGO ,O5 I 2000 gem
LIVE OAP 2u� 28 00
TROPICAL ALMOND B 2
TROPICAL NMOMD ISM AO CO 00
TRUNDLER O 40.00
ARECA PALM MULTI 00 Soo
ARECA PALM MILTI Sao 1400
ARECA PALMu
2500
PAPER MULSE p 900+3W
I. . 150341403 2500
C MILER FIG 3500 RIM
AMANGLER ro
24 R1
SUMS`,
COCONUT ONONUT PALM BBD 1800
COCONUT PALM Mao ieM
31 ROYAL POINCIANA 1503 2200 3500
LN
341 L NMIYD 1 -
AVOCADO I 1000
LEAD TREE SS�e 25M
LD tNEE 2M 2503 M00
LEAD tREE Bl0 2eW M00
Li TROPICAL ALMOND 3100 7e00 4000
30I AD TREE eta 2500
.bF SIDANGLEAFN: — 1003
Lt TROPICAL ALMOND 5.4M001900
42' S M00 5000 48 DO
1200
M TROPICAL ALMOND 4.03 25.00 12.00
AMENDED
I
(a-106)
LOCATION SKETCH SCALE•NTS
immasermit
EatiC
Puuran Now
R �wWATIgOLIT.a.
RAMP Of Aonmo
BILE DATE
I.F../MM.
b rge
PROIECi TEAM
CHARLES AVENUE
GROVE VILLAGE
32TAL20NAALEB AVE
YYOI. FL 331A
FOLIO 000-0000a0L000
172202
SURVEY
AB SHORN
G-003
THIS DOCUMENT IS A SUBSTITUTION TO
SUBSTITUTED. pINALCAN BE
S try RI i nt MU/ ur . rn DOCUMENT.
*CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECTS PROPOSED BAHAMIAN
ARCHITECTURE AND DESIGN IN ACCORDANCE WITH THE VILLAGE WEST DESIGN GUIDELINES. IMAGE DOES NOT DEPICT ACTUAL
DESIGN OF THE PROJECT. FINAL DEVELOPMENT AND DESIGN SHALL BE IN ACCORDANCE WITH FUTURE SITE PLAN APPROVAL.
!!UE DATE.
POT
borgev
FlIOJECt1E,VA.
CHARLES AVENUE
GROVE VILLAGE
127/J20 MMUS AVE
YN�I, FL 0]100
FOLIO E 0600000000000
ITO.Cr NAME.
172202
CONTEXT
SITE DIAGRAM
SHOWI
G-007
THIS DOCUMENT IS A SUOTITUTION TO
(SUBSTITUTED. pINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
*CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECTS PROPOSED BAHAMIAN
ARCHITEMJRE AND DESIGN IN ACCORDANCE WITH THE VILLAGE WEST DESIGN GUIDELINES. IMAGE DOES NOT DEPICT ACTUAL
DESIGN OF THE PROJECT. FINAL DEVELOPMENT AND DESIGN SHALL BE IN ACCORDANCE WITH FUTURE SITE PLAN APPROVAL.
ISSUE DATE
Ma OPOMIIIIVI
• 1••• OM, gm,* ••• ••
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PROJECT TEAS
•10•01•••
CHARLES AVENUE
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lfllFL OM
FOLIO. 00-0000.000.0X0
PROACT MINER
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172202
CONTEXT
SITE DIAGRAM
AS Si
PATTNIASSI
G-008
THIS DOCUMENT IS A SUBSTITUTION TO
OISUBSTITUTED. NAL CAN BE
SEEN AI Inc emu yr i nua DOCUMENT.
BUILDING HEIGHTS 25'-0" 25'-0" 34 -0" 34.-0" +27'-0" +
('HEIGHTS MEASURED TO
TOP OF ROOF SLAB)
T3R - Single-famlly
*r"vo-- iF t'«s 'i{�1JUL!, r AF r ! r,,,i P If .1'
T4 - Re -zone
TE CONTEXT - NEIGHBORHOOD ELEVATION
+44'_0" +37'-0" +52'-0" +84'-0"
' Iallkale�>I�.
°.9I11.1
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Charles Avenue
11111
11111
CI - Coconut Grows douse
Ti - NOW Oleos Bulking
'CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECTS PROPOSED BAHAMIAN
ARCHITECTURE AND DESIGN IN ACCORDANCE WITH THE VILLAGE WEST DESIGN GUIDELINES. IMAGE DOES NOT DEPICT ACTUAL
DESIGN OF THE PROJECT. FINAL DEVELOPMENT AND DESIGN SHALL BE IN ACCORDANCE WITH FUTURE SITE PLAN APPROVAL.
ISSUE U.TE.
onri
borgev+
PROJFC1 NAM
IMIIR
CHARLES AVENUE
GROVE VILLAGE
577.321F MAKES AVE
7M7n, FL 33177
FOLIO 500-0000.0004a0
PROACi Wong
172202
MALMO U.
CONTEXT
SITE ELEVATION
44.41
AS [MOWN
111111,4.1.11
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ORISUBSTITUTED. IALCAN BE
SEE AT THE END OF THIS DOCUMENT.
ISE E GATE
borge
PROJECT TEM.
POLICY Inn
CHARLES AVENUE
GROVE VILLAGE
0027 4247 CHARLES AVE
YYWI. FL00100
FOLIO. 00-0000O00-0000
172202
INSPIRATIONAL
IMAGES
SCAll
AY &MOWN
ner whin,
G-010
.r
01 ACADE RENDERING CHARLES AVE
THIS OCUMENT IS A SUBSTITUTION TO
OR! SUBSTITUTED. AL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
'CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECTS PROPOSED BAHAMIAN
ARCHITECTURE AND DESIGN IN ACCORDANCE WITH THE VILLAGE WEST DESIGN GUIDELINES. IMAGE DOES NOT DEPICT ACTUAL
DESIGN OF THE PROJECT. FINAL DEVELOPMENT AND DESIGN SHALL BE IN ACCORDANCE WITH FUTURE SITE PLAN APPROVAL.
UOLE DATE
TT isa ........ I... �...�.a
borgep=
PROJECT TEM
CHARLES AVENUE
GROVE VILLAGE
3W42EI OAKES AVE
MIK FL 0111
FOLIO 10P000D000d000
172202
RENDERINGS
AS OXOIML
G-012
THIS DOCUMENT IS A SUBSTITUTION TO
OISUBSTITUTED. pNALCAN BE
SE ra Al I lit trap ur i rim DOCUMENT.
11II ATI ii II
'CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATNE PURPOSES ONLY TO DEPICT THE PROJECTS PROPOSED BAIHAMIAN
ARCHITECTURE AND DESIGN IN ACCORDANCE WITH THE VILLAGE WEST DESIGN GUIDELINES. IMAGE DOES NOT DEPICT ACTUAL
DESIGN OF THE PROJECT. FINAL DEVELOPMENT AND DESIGN SHALL BE IN ACCORDANCE WITH FUTURE SITE PLAN APPROVAL.
1 FACADE RENDERING CHARLES AVE
ISSUE GATE
borges+:;
PROJECT MSC
•t1A10, kind
CHARLES AVENUE
GROVE VILLAGE
]0]1.917 WALES I4E
Mil, FLA1b
Ed o E00 : W000-0OW
172202
DRAWN. WAR
RENDERINGS
AS SHOWN
G-013
01 (/BASEMENT PARKING ENTRANCE @ CHARLES AVE
THIS DOCUMENT IS A SUBSTITUTION TO
O SUBSTITUTED. AL CAN BE
SEEN • ' ' OCUMENT.
liumgIrr
'CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY TO DEPICT THE PROJECTS PROPOSED BAHAMIAN
ARCHITECTURE AND DESIGN IN ACCORDANCE WITH THE VILLAGE WEST DESIGN GUIDELINES. IMAGE DOES NOT DEPICT ACTUAL
DESIGN OF THE PROJECT. FINAL DEVELOPMENT AND DESIGN SHALL BE IN ACCORDANCE WITH FUTURE SITE PLAN APPROVAL.
PRE DATE
borges+'
PROJECT TEAM
CHARLES AVENUE
GROVE VILLAGE
TEET4241 CHARLES AVE
YMIII, FL EEIM
FOLIO EO.000P000L000
172202
mutt& wee
RENDERINGS
AS E
G-014
saw
THIS DOCUMENT IS A SUBSTITUTION TO
¶SUBTIT UTED.---'INALCAN BE
SL__ DOCUMENT.
'CONCEPTUAL DRAWING PROVIDED FOR ILLUSTRATNE PURPOSES ONLY TO DEPICT THE PROJECTS PROPOSED BAHAMIAN
ARCHITECTURE AND DESIGN IN ACCORDANCE WITH THE VILLAGE WEST DESIGN GUIDELINES. IMAGE DOES NOT DEPICT ACTUAL
DESIGN OF THE PROJECT. FINAL DEVELOPMENT AND DESIGN SHALL BE IN ACCORDANCE WITH FUTURE SITE PLAN APPROVAL.
01 ACADE RENDERING WILLIAM AVE
ISSUE GAME.
borgev
PROJECTTEAY.
CHARLES AVENUE
GROVE VILLAGE
]227-3247 CHARLES AVE
YNYI, FL »1b
MM. 00.YY0000-
172202
RENDERINGS
grAl
AS SHOWN
PUT .15111
G-015
Prepared by and return to:
Greenberg Traurig
333 Avenue of the Americas
44th Floor
Miami, FL 33131
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENAN
THIS DECLARATION OF RESTRICTIVE COVENANTS
this day of , 2021, by STIRRUP PROPE
profit corporation, having offices at 3619 Percival Ave, Miami,
LLC, a Florida limited liability company, having offices at 344
Miami, Florida 33133, and CAROL HENLEY, an individual
Miami, Florida 33133 (collectively, the "Owner"), in favor
municipality of the State of Florida (the "City").
WITNESSE
e "Declaration"), made
IES, INC., a Florida for
F srida 33133, 3227 GROVE,
ain Highway, Second Floor,
esiding at 3277 Charles Avenue,
the CITY OF MIAMI, Florida, a
WHEREAS, Owner holds fee -simple titl; to certain properties located at 3227, 3247,
3257, and 3277 Charles Avenue and 3256 and 3 0 William Avenue, Miami, Florida (Folio Nos.
01-4121-007-5201, 01-4121-007-5210, 01-4 1-007-5207, portion of 01-4121-007-5150, 01-
4121-007-5200, and 01-4121-007-4960), le: y described in Exhibit A attached hereto and made
a part hereof (collectively, the "Property" and
WHEREAS, Owner has filed
designate the Property from "Single -
in the City's Future Land Use M
L/NCD-2 Transect Zone on the
WHEREAS, Owne
successful revitalization a
the historical significan
and activities corresp
compliments the ch
Village West Isla
Avenue Grove
plications for (a) a Comprehensive Plan amendment to re-
mily Residential" to "Low Density Restricted Commercial"
and (b) rezoning from T3-R/NCD-2 Transect Zone to T4-
ty's Zoning Atlas (collectively, the "Application"); and
intends to redevelop the Property in a manner that promotes the
restoration of the Village West Island District, identifies and enhances
of the surrounding community, promotes gateways, gathering places
ding the culture and heritage of the Village West Island District, and
acter of the entire community by highlighting the history and culture of the
District, as generally depicted in those certain plan sheets entitled Charles
lage, as prepared by Borges + Associates Architects and attached as Exhibit B.
NO , THEREFORE, Owner voluntarily covenants and agrees that the Property shall be
subject to e following restrictions that are intended and shall be deemed to be covenants running
with th and and binding upon the Owner, its successors in interest, and assigns as follows.
1. Recitals. The recitals and findings set forth in the preamble of this Declaration are
h= eby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
MIA 186767431v3
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 2 of 10
2. Restrictions. The Owner hereby makes the following voluntary d- arations
running with the land concerning the Property:
a. Architectural Style. In accordance with the intent of the Vill.:e West Island
District and Charles Avenue Neighborhood Conservation D trict ("NCD-2")
regulations of Appendix A of Miami 21, any development •. the Property shall
conform to the City's Village Island West and Grand Av= ue Architectural and
Urban Design Guidelines. Development on the P .perty shall maintain
fa9ade(s) that are consistent with the Caribbean arch' ctural facades described
in the Village Island West and Grand Avenue Arctectural and Urban Design
Guidelines, including the use of materials, archit- ral features, and techniques
that are compatible with the Caribbean vernac style and traditional building
forms associated with African -American itage, as generally depicted on
Sheets G-012, G-013, G-014, and G-015 o' the Plans.
b. Density. Notwithstanding the rezoni of the Property to the T4-L Transect
Zone, the maximum density permit ' i at the Property shall be a maximum of
thirty-three (33) Dwelling units o ixty-six (66) Lodging Units. For purposes
of this Declaration, Lodging Un shall be considered as equivalent to one-half
(0.50) of a Dwelling Unit as p , • vided in Miami 21.
c. Building Height. The hei , of any structure(s) or other improvement(s) on the
Property shall not exce- . a maximum of thirty-four (34) feet to the top of the
roof slab, as measure. der Miami 21 and as generally depicted on Sheets G-
007, G-008, and G- 0 4 9 of the Plans.
d. Preservation of :J. ecimen Tree. The Property contains a strangler fig tree with
a height of a..roximately fifty (50) feet and a diameter of approximate 120
inches (the ` egacy Tree"). Due to its size, this Legacy Tree is considered a
Specime ree under Chapter 17 of the City Code of Ordinances (the "City
Code") The Owner will incorporate this Legacy Tree as part of the
redev opment on the Property and hereby agrees to preserve, protect, and
ma ain the Legacy Tree, pursuant to the applicable provisions of Chapter 17
e City Code.
Underground and/or Off -Site Parking. All parking for the redevelopment of the
Property shall be provided underground (below grade) and/or at an off -site
location.
f. Landscape Buffer. The Owner agrees to provide a landscape buffer along the
western property line to further screen the residential uses located immediately
to the west from the new development on the Property. This landscape buffer
A 186767431v3
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 3 of 10
shall comply with the Miami 21 requirements for buffers between dissi . ar
land uses.
The Plans set forth the general architecture and style of the proposed develop t on the
Property. The Owner acknowledges that the future development of the Property ill require
detailed site plan approvals by the City which will determine, among other thiIs, the exact
location, distribution, and orientation of the proposed development to be located ,n the Property,
as well as other requirements for compliance with all requirements and gulations of the
applicable departments, agencies, overlays and/or disciplines as part of the ity's site plan and
building permit approval processes including but not limited to, review the City's Historic
Preservation Office, the Urban Development Review Board (UDRB), E . ironmental Resources
Division, Zoning, Planning, Building, Fire, and Public Works Dep. ments. The Owner will
submit detailed plans substantially in accordance with this Decla Lion to the City and seek
approval of said plans through the ordinary municipal procedures.
3. Public Benefits. The Owner hereby proffers the ollowing public benefits, subject
to the conditions precedent in Section 3 of this Declaration, ' connection with the Application:
a. Job Creation and Em • to ent Os so unities. The Owner shall consult with
local and/or state economic develop - ent entities regarding job training and job
placement services to City resid= is seeking employment opportunities with
potential employers which w locate or establish businesses within the
Property.
i. Job Creation Duri ' , Construction. With regard to sourcing candidates
for employment o •ortunities resulting from the construction of the new
development o e Property, the Owner shall require its contractors and
subcontractor • o utilize good faith efforts to employ a minimum of fifty
percent (50° , of on -site labor from persons residing within Miami -Dade
County. P ority hiring shall be given to those individuals residing in the
Village est area and surrounding areas in the following priority:
1. 1st Priority: Those residing in the 33133 ZIP code in the City.
2. 2nd Priority: Those residing in all other areas of the City.
3. 3rd Priority: Those residing in all other areas of Miami -Dade
County.
ii. Community Support, Job Training, and Career Development. The
Owner anticipates that the redevelopment of the Property will generate
employment opportunities in the hospitality sector. The Owner shall use
MIA 186 .7431v3
SUBSTITUTED
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 4 of 10
good faith efforts to work with local schools and local and/or state
economic development entities to place qualified program graduates an
participants in employment opportunities at the Property.
b. Public Benefits Cash Contribution. The Owner shall make a One Hundr• and
Fifty Thousand Dollars ($150,000) contribution as a lump sum paym t to be
allocated as specifically determined by the City Commission.
All public benefits pursuant to this Section, with the exception of t • se listed in
subparagraph (a), shall be completed and fulfilled prior to the issuance of : ny Temporary
Certificate of Occupancy ("TCO") or Certificate of Occupancy ("CO") fo .ny Multi -family
residential or lodging development on the Property.
4. Effective Date. This Declaration is effective at the d - of recordation of the
executed, original version of this Declaration in the Public Record of Miami -Dade County,
Florida (the "Effective Date"). This instrument shall constitute a c• enant running with the title
to the Property and be binding upon Owner, its successors and . igns upon recordation in the
Public Records of Miami -Dade County, Florida. These restricti• s shall be for the benefit of, and
a limitation upon, all present and future owners of the Propert . nd for the public welfare.
5. Term of Covenant. This voluntary covenon the part of the Owner shall remain
in full force and effect and shall be binding upon the 0 er, its successors in interest and assigns
for an initial period of thirty (30) years from the da this instrument is recorded in the public
records, and shall be automatically extended for -nods of ten (10) years, unless modified,
amended or released prior to the expiration thereo
6. Ins • ection and Enforcemen It is understood and agreed that any official
inspector of the City of Miami may have th ight at any time during normal working hours of the
City of Miami's inspector to enter upon th 'roperty for the purpose of investigating the use of the
Property, and for determining whether e conditions of this Declaration and the requirements of
the City's building and zoning regulat. s are being complied with. An action to enforce the terms
and conditions of this Declaration ' . y be brought by the City and may be by action at law or in
equity against any party or per .n violating or attempting to violate any covenants of this
Declaration or provisions of the . uilding and zoning regulations, either to restrain violations or to
recover damages. This enfor ent provision shall be in addition to any other remedies available
under the law.
7. Govern • Law. This Declaration shall be construed in accordance with the
laws of the State of F • rida and any proceedings arising in any manner pertaining or relating to
this Declaration sh. , to the extent permitted by law, shall be held in Miami -Dade County, Florida.
MIA 186767431
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Declaration of Restrictive Covenants
Page 5 of 10
8. Amendment and Modification. This Declaration may be modified, amended, or
released as to any portion or all of the Property by a written instrument executed by the then
Owner(s) of the fee -simple title to the land being affected by such modification, amendment or
release, providing that the same has been approved by the City Commission after a public hearing
which public hearing shall be applied for at the sole cost and expense of Owner. Upon approv
of such modification amendment or release as specified herein, the Director of the City's Planng
Department, or his/her successor or designee, shall execute a written instrument in recordable '•rm
effectuating and acknowledging such modification, amendment or release. Such instrume shall
be in a form acceptable to the City Attorney.
9. Counterparts/Electronic Signature. This Declaration may be exe
number of counterparts, each of which so executed shall be deemed to be an on
counterparts shall together constitute but one and the same Declaration. Th
entitled to sign and transmit an electronic signature of this Declaration (whethe
or other email transmission), which signature shall be binding on the
contained therein. Any party providing an electronic signature agrees to
deliver to the other parties an original signed Declaration upon request.
ted in any
nal, and such
arties shall be
y facsimile, PDF
whose name is
romptly execute and
10. No Vested Rights. Nothing in this Declaration shbe construed to create any
vested rights whatsoever to the Owner, its successors, or assigns.
11. Severability. Invalidation of any one of the covenants by judgment of Court
shall not affect any of the other provisions of this Declaratio - , which shall remain in full force and
effect.
12. Recording. This Declaration shall be
Miami -Dade County, Florida, at the cost of the Ow
City. The Owner shall furnish a copy of the re
Hearing Boards within thirty (30) days of recor
MIA 186767431v3
ed of record among the Public Records of
r, within ten (10) days of acceptance by the
rded Declaration to the City Department of
tion.
SIGNA ' RE PAGES TO FOLLOW
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3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 6 of 10
IN WITNESS WHEREOF, the undersigned has s
, 2021.
7i hand and seal this day of
Witnessed by: tirrup Properties, Inc.,
A Florida for profit corporation
By:
Name: David Porter, Jr., President
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MI • -DADE )
The fore mg instrument was acknowledged before me by means of [ ] physical presence
or [ ] online arization this day of , 2021 by David Porter, the
of Stirrup Properties, Inc. He personally appeared before me and is
personally own to me or produced as identification.
A 186767431v3
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 7 of 10
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
A 186767431v3
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3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 8 of 10
IN WITNESS WHEREOF, the undersigned has set his hand and seal this
, 2021.
Witnessed by: 3227 Grove, LLC,
A Florida limited liability rnpany
By:
Name: Peter Gardner, anager
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
lit o
The foregoing instrument was acknowI ;eci before me by means of [ ] physical presence
or [ ] online notarization this day of , 2021 by Peter Gardner,
of 3227 Grove, LLC. He personally appear = . before me and is personally known to me or produced
as identification.
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
MIA I ,' : 437r3
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3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 9 of 10
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
Witnessed by:
Name:
2021.
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MAMI-DADE )
Carol Henley,
An individual
By:
Carol Henley
The foregoing instrument was acknowledged bel. c m by means of [ ] physical presence
or [ ] online notarization this day of 2021 by Carol Henley. She personally
appeared before me and is personally known to me produced as identification.
N e:
°tary Public, State of Florida
Commission No.
My commission expires:
MIA t8B7$74 t
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3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 10 of 10
APPROVED AS TO CONTENTS:
Cesar Garcia -Pons,
Director of Planning
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez,
City Attorney
MIA 186767431v3
3227, 3247, 3257, and 3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida
Declaration of Restrictive Covenants
Page 11 of 10
Exhihit "A"
Legal Description of Property
• STIRRUP PROPERTIES, INC'S PROPERTY LEGAL DESCRIP T I
The West 53.75 feet of the East 196.25 feet of the South 118 feet, of ock 29, PROW
HOMESTEAD, according to the Plat thereof, recorded in Plat $ook B, Pak 106, of the Public
Records of Miami -Dade County, Florida,
LOT 20 BLOCK 29 OF FROW HOMESTEAD AMENDED, ACCORDIND TO THE LAT THEREOF,, RECORDED IN
PLAT BOOK "B" AT PAGE 106 OF THE PUBLIC RECORDS OF MIAMI - DA ■ . COUNTY, FLORIDA .
AND
W 110FT OF E 250FT OF N 117 FT OF BLOCK 29, FROW HOMESTEAD, CCORDJNG TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 8, PAGE 105, OF THE PUBLIC RECORD ■ F MOAM! DADE COUNTY, FLORIDA
Folio Nos.: 01-4121-007-5207, 01-4121-007-4960 and 4121-007-5200
• 3227 GROVE, LLC PROPERTY LEG A 1 ESCRIPTION
Parcel 1:
The West 40 feet of the East 92.5 f t of the South 118 feet, Block 29, of FRDW
HOMESTEAD AMENDED, accordin to the Plat thereof, as recorded in Plat Book
"B", at Page 106, of the Pu • tc Records of Miami -Dade County, Florida.
Parcel 2:
The West 50 feet of the r.st 142.5 feet of the South 118 feet, Block 29, of PROW
HOMESTEAD AMENDS'., according to the Plat thereof, as recorded in Plat Book
"B", at Page 106, oft Public Records of Miami -Dade County, Florida.
Folio Nos.: 01-4121 07-5201 and 01-4121-007-5210
• CARO ENLEY PROPERTY LEGAL DESCRIPTION
THE WEST 10 .5 FT THE EAST 250FT OF S118FT OF BLK 29 LESS W53.75FT OF E196.25FT OF S118FT BLK
29,FROW H► ESTEAD, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK B, PAGE 106, OF THE
PUBLIC R ORDS OF MIAMI-DADE COUNTY, FLORIDA,
Po - ref Folio No.: 01-412 1 -007-5150
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