HomeMy WebLinkAboutSubmittal-Jose Felix Diaz- Declaration of Restrictive CovenantsREVISED DRAFT
This instrument prepared by
and when recorded returned to.
Wesley J. Hevia, Esq.
Merman LLP
Three Brickell City Centre
98 Southeast 7th Street
Miami, FL 33131
01-3112-045-0010 7421 NW Miami PL
01-3112-045-0020 7401 NW Miami PL
01-3112-068-0190 7406 NW Miami CT
01-31 12-045-0030 7395 NW Miami PL
01-3112-068-0200 7400 NW Miami CT
01-3112-068-0210 7338 NW Miami CT
01-3112-042-0010 7301 NW Miami PL.
01-3112-068-0220 7328 NW Miami CT
01-3112-068-0240 7324 NW Miami CT
01-3112-068-0250 7320 NW Miami CT
01-3112-082-0010 60 NW 73 ST
01-3112-083-0010 70 NW 73 ST
Submitted into the •ublic
record for items) • • 4
on City Clerk
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made this
day of , 2021, by LBRW, LLC, a Delaware limited liability company (hereinafter, the
"Developer") and 7421 NW Miami Place, LLC, a Florida limited liability company, 7401 NWM Place,
LLC, a Florida limited liability company, 7406 NW Miami Court, LLC, a Florida limited liability
company, Little River Assemblage, LLC, a Florida limited liability company, 50 NW 73 ST, LLC, a
Florida limited liability company, and 7320 NWMCT, LLC, a Florida limited liability company,
(collectively, the "Owners") in favor of the City of Miami, Florida, a municipality located within the State
of Florida (the "City").
WITNESSETH:
WHEREAS, Owners hold fee simple interest in those certain properties located at 7421 NW Miarni
Place, 7401 NW Miami PL, 7406 NW Miami CT, 7395 NW Miarni PL, 7400 NW Miami CT, 7338 NW
Miami CT, 7301 NW Miarni PL, 7328 NW Miarni CT, 7324 NW Miami CT, 7320 NW Miami CT, 60 NW
73 ST, 70 NW 73 ST, in Miarni, Florida, as more particularly described in Exhibit "A" (collectively, the
"Subject Properties"); and
WHEREAS, the Subject Properties are currently designated as either General Commercial or
Medium Density Multifamily Residential on the City's Future Land Use Map, and are currently classified
as either DI (Work Place) T5-R (Urban Center Transect Zone — Restricted) on the City's Zoning Atlas, and
such that the development standards applicable under the City's Zoning Code, Ordinance No. 13114, as
amended ("Miami 2 I Code") create challenges for future redevelopment of the Subject Properties; and
WHEREAS, on Febniary 20, 2020, Developer, through its attorneys and with consent of Owners,
filed applications with the City's Planning and Zoning Department related to proposed amendments to the
future land use and zoning classifications of the Subject Properties, including an application to amend the
60065769: i 0j{Sakshcic4i_c
Submitted into the public
recor for em(s) pz, V 4 pa .
on City Clerk
City's Zoning Atlas for the Subject Properties from a combination of D-1 and T5-R to T6-8-O (the
"Application"); and
WHEREAS, on April 21, 2021, the Planning, Zoning and Appeals Board under Resolution PZAB-
R-21-020 voted 6 in favor and 4 against recoininending approval of the Application; and
WHEREAS, on June 24, 2021, the City Commission on first reading of the ordinance, reviewed
the Application, and unanimously voted affirmatively to approve the Application; and
WHEREAS, on September , 2021, on second reading, the City Commission approved the
Application for amendment to the City's Zoning Atlas, as being consistent with the criteria contained in
Article 7.1.2.8 of the Miami 21 Code, adopted as Ordinance No. , attached hereto and made a part
hereof as Exhibit "B"; and
WHEREAS, Owners desire to ensure that any future use and/or development of the Subject
Properties is compatible with both the current and future conditions of the surrounding neighborhood,
including maintaining consistency in the scale of future development.
NOW THEREFORE, Owners, in order to assure the City that the representations made to the City will be
abided by the Developer, Owners, their successors or assigns, freely, voluntarily and without duress snakes
the following covenants covering and running with the Land of the Subject Properties:
1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference.
2. Restricted Height. Owners hereby declare that any future building improvements constructed an
the Subject Properties shall be restricted to the maximum Height currently permitted under the D1 transect
zone, which is eight (8) Stories by Right and two (2) Stories of bonus Height for a total maximum Height
of ten (10) Stories ("Restricted Height").
3. Directed Affordable/Workforce Housing Public Benefits Payment for Bonus Height. Owner
further declares that should it wish to access the aforementioned two (2) Stories of bonus Height utilizing
the City's Public Benefits Program as described in Section 3.14 of Miami 21, it will do so by providing a
Trust fund contribution as described in Section 3.14.4.a.3 of Miami 21. Should the City adopt legislation
in the future that restricts Owner's ability to access the aforementioned two (2) Stories of bonus Height by
providing a Trust fund contribution as described in Section 3.14.4.a.3 of Miami 21, Owner may access the
aforementioned two (2) Stories of bonus Height through other mechanisms available under City's Public
Benefits Program as described in Section 3.14 of Miami 21.
4. Effective Date. This Declaration shall constitute a covenant running with the title to the Subject
Properties and be binding upon each of the Owners, their successors, heirs, and assigns upon recordation
in the Public Records of Miami -Dade County, Florida ("Effective Date"). These restrictions shall be for the
benefit of, and a limitation upon, all present and future owners of the Subject Properties and for the public
welfare.
5. Tern of Covenant. This Declaration on the part of the Owners shall remain in full force and
effect and shall be binding upon the Owners of the Subject Properties, their 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 successive periods of ten (10) years, unless modified, amended or
released prior to the expiration thereof
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Submitted into the public
recorn for tem(s)
on
City Clerk
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 nonnal working hours to enter upon the Subject Properties
for the purpose of investigating the use of the Subject Properties, 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. Amendment, Modification. and Release. This instrument may be modified, amended, or released
for any reason as to any portion of the Subject Properties by a written instrument executed by the owners
of the fee -simple title to the Subject Properties to be effected by such amendment, modification, or release
and the City with the approval by the City Commission at a public hearing, which public hearing shall be
applied for by, and be at the expense of the owners.
8. 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.
9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade
County, Florida, by the Owners and at the cost of the Owners, within fifteen (15) days of acceptance by the
City. The Owners shall submit a certified recorded copy of the Declaration to the Zoning Administrator at
444 SW 2"`r Avenue, 4th Floor, Miami, Florida, 33130-1910 within thirty (30) days of recordation.
[ Signature Pages Follow ]
611(.165769:1
REVISED DRAFT
Submitted into the public
recori for, item(s) 1 i 4
on
IN WITNESS WHEREOF, the Developer/Owners have set its hand and seal effective of the date
first above written.
WITNESSES:
Print Name:
Print Name:
STATE OF
COUNTY OF
LBRW, LLC
By:
Name: Ashely Abess
Title: Sole Manager
By:
Name: Matthew Vander Werff
Title: Manager
The foregoing instrument was executed, acknowledged and delivered before me this day of
,20_,by ,as of ,
on behalf of the company, He/She is personally known to me or has produced as identification,
(Official Seal )
6D365 7C9:1
Name:
Notary Public, State of
My Commission Number:
My Commission Expires:
City Clerk
Submitted into the public
recnr• for 'tem(s) 4-
on e ., ,■ City Clerk
WITNESSES:
Print Name:
SOLE MEMBER OF 7421 NW MIAMI PLACE, LLC:
BRIDGE RIVER CAPITAL, LLC
By: Bridge River Manager, LLC, its Manager
By:
Name: Leonard Abess
Title: Sole Member and Authorized Representative
MANAGERS:
Matthew Vander Werff
BRIDGE RIVER CAPITAL, LLC
By: Bridge River Manager, LLC, its Manager
Print Name:
STATE OF
COUNTY OF
By:
Name: Leonard Abess
Title: Sole Member and Authorized Representative
The foregoing instrument was executed, acknowledged and delivered before me this day of
.'0, by , as of ,
on behalf of the company. Hei She is personally known to me or has produced as identification.
(Official Seal)
60085769: E
Name:
Notary Public, State of
My Commission Number:
My Commission Expires:
Submitted into the public
recorcj for i em(s)
on
COMPANY:
50 NW 73 STREET, LLC
By: LBRW, LLC, its sole Member and Manager
By:
Name: Ashley Abess
Title: Sole Member and Authorized Representative
WITNESSES:
Print Naive:
Print Name:
STATE OF
COUNTY OF
)
)
The foregoing instrument was executed, acknowledged and delivered before me this day of
,20_,by ,as of
on behalf of the company. He/She is personally known to me or has produced as identification.
(Official Seal)
60065769:1
Name:
Notary Public, State of
My Commission Number:
My Commission Expires:
Submitted into the public
reeor for - em(s) &'
on 1)1 ;7 City lerk
COMPANY:
7401 NWM PLACE, LLC
By: LBRW, LLC, its sole Member. and Manager
By:
Name: Ashley Abess
Title: Sole Member and Authorized Representative
WITNESSES:
Print Name:
Print Naive:
STATE OF
COUNTY OF
)
)
The foregoing instrument was executed, acknowledged and delivered before me this day of
,20_,by ,as of
on behalf of the company. He/She is personally known to me or has produced as identification.
Name:
Notary public, State of
My Commission Number:
(Official Seal) My Commission Expires:
60065769:1
Submitted into the public
recor for 'tem(s)
on City lerk
COMPANY:
7320 NWMCT, LLC
By: LBRW, LLC, its sole Member and Manager
By:
Name: Ashley Abess
Title: Sole Member and Authorized Representative
WITNESSES:
Print Name:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was executed, acknowledged and delivered before me this day of
2O_, by , as of
on behalf of the company. He/She is personally known to me or has produced as identification.
(Official Seal)
60063 769; i
Name:
Notary Public, State of
My Commission Number:
My Commission Expires:
Submitted into the public
recor, for'tem(s) �
[3f]t5*i re i.�•. City Clerk
COMPANY:
LITTLE RIVER ASSEMBLAGE, LLC
By: LBRW, LLC, its sole Member and Manager
By:
Name: Ashley Abess
Title: Sole Member and Authorized Representative
WITNESSES:
Print Narne:
Print Name:
STA't L OF
COUNTY OF
)
)
The foregoing instrument was executed, acknowledged and delivered before me this day of
20_, by , as of ,
on behalf of the company. He/She is personally known to me or has produced as identification.
dame:
Notary Public, State of
My Commission Number:
(Official Seal) My Commission Expires:
60065 769;
Submitted into the public
recor fo item(s) Q 1 A
on th 1_.__• City Clerk
COMPANY:
7406 NW MIAMI COURT, LLC
By: LBRW, LLC, its sole Member and Manager
By:
Name: Ashley Abess
Title: Sole Member and Authorized Representative
WITNESSES:
Print Naive:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was executed, acknowledged and delivered before me this day of
, 20 . by , as of
on behalf of the company. He1She is personally known to me or has produced as identification.
Name:
Notary Public, State of
My Commission Number:
(Official Seal) My Commission Expires:
60065769: I
APPROVED AS TO LEGAL FORM APPROVED
AND CORRECTNESS:
OFFICE OF THE CITY ATTORNEY
Submitted into the public
recur for 'tem(s) - 4-
can �� 1 City leek
PLANNENG DEPARTMENT
By: By:
Printed: Printed:
60065 769;
Submitted into the public
recur for "tem(s) . - -
°n City Clerk
Exhibit "A"
Legal Description
[See Attached]
60065 769;1
Exhibit "B"
Ordinance Na.
[See Attached]
60065 7691
Subaitted into the public
ma) fbr i Gna(s)
Oil a City
lerk