HomeMy WebLinkAboutExhibit B - CovenantThis instrument prepared by and
after recording return to:
Alejandro Uribe Sevilla-Sacasa, Esq.
Weiss Serota Helfman Cole & Bierman, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, FL 33134
DECLARATION OF RESTRICTIVE COVENANTS ("DECLARATION")
428 NE 38TH STREET FEE OWNER, LLC; PAMLAU, LLC; 448 NE 38TH STREET,
LLC; 454 NE 38 STREET, LLC; KIMBAR CORPORATION; JOYANRO CORPORATION;
and 457 NE 37 ST, LLC (collectively, the "Owners") hereby make, declare and impose on the
land legally described on the attached Exhibit "A" (the "Property"), the following covenants
running with the title to the land in favor of the City of Miami, Florida, a municipality of the
State of Florida (the "City").
WHEREAS, the 428 NE 38th Street Fee Owner, LLC; Pamlau, LLC, 448 NE 38th Street,
LLC, and 454 NE 38 Street, LLC are the fee simple owners of the north half of the Property as
described in Exhibit "A" (the "North Parcels"), and Kimbar Corporation; Joyanro Corporation,
and 457 NE 37 Street, LLC are the fee simple owners of the south half of the Property as
described in Exhibit "A" (the "South Parcels"); and
WHEREAS, the Owners have applied to the City of Miami (the "City") to amend the
Property's future land use and zoning designations to Restricted Commercial and T6-8-O,
respectively (the "Applications"); and
WHEREAS, the Florida Department of Transportation ("FDOT") has identified widening
NE 38th Street as a benefit to the traffic conditions along NE 38th Street and the intersection of
NE 38th Street and Biscayne Boulevard; and
WHEREAS, FDOT would accept the dedication of land to widen NE 38th Street and
would use such dedicated lands for such purpose; and
WHEREAS, the Owners wish to improve the traffic conditions along NE 38th Street; and
WHEREAS, the Owners wish to provide Workforce Housing for the neighborhood;
NOW THEREFORE, in order to assure the City that the Owners and the Owners'
successors and assigns will abide by the representations made by the Owners in connection with
the Applications, and for other valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the Owners hereby voluntarily agrees that this Declaration will be a
covenant running with the land and binding upon the Owner of the Property, its successors in
interest and assigns as follows:
1. Recitals. The recitals and exhibits 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.
2. Dedication of Right -Of -Way for Expansion of NE 38th Street. Prior to the
issuance of any building permit for construction of any new building on the North Parcels
pursuant to the Applications, the Owners of the North Parcels shall dedicate 10.5 feet of the
Property abutting the south side of NE 38th Street to FDOT for the sole purpose of expanding NE
38`h Street with an additional lane of traffic.
3. Workforce Housing. Prior to the issuance of any building permit for the
residential development of the Property pursuant to the Applications, the Owners shall record in
the public records of Miami -Dade County, a covenant requiring that no less than ten percent
(10%) of all residential units constructed will be sold or rented to individuals and households
whose income is between eighty percent (80%) and one hundred forty percent (140%) of the
Area Median Income as published annually by the United States Department of Housing and
Urban Development and certified by the City's Department of Community and Economic
Development ("Workforce Housing").
4. Permitted Uses. Use of the Property shall be limited to Residential, Lodging,
Office, Retail, General Commercial including Food Service Establishments, and Public Parking,
each as defined in Miami 21. All other uses shall be prohibited.
5. Limitation of Office and Commercial Uses. Office and Commercial uses,
combined, shall occupy no more than forty percent (40%) of the habitable Floor Area of new
development at the Property. Any required parking for Office or Commercial uses shall not be
counted against the allowable Floor Area restriction of this Paragraph.
6. 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 for a period of thirty (30) years after the date of such recordation, after which time they
shall be extended automatically for successive periods of ten (10) years each, unless released by
the City of Miami City Commission, or their successor(s), pursuant to Paragraph 8 of this
instrument.
7. Covenant Running with the Land. This instrument shall constitute a covenant
running with the title to the Property and be binding upon the Owners, their heirs, grantees,
successors, assigns, mortgagees, lessees, and all persons claiming by, through or under them,
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.
8. Amendments, Modifications, Releases. This instrument may be modified,
amended, or released as to the land herein described, or any portion thereof, by a written
instrument executed by the then owners of all of the Property, including joinders of all
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mortgagees, if any, provided that the same is also approved by the City Commission, after public
hearing, the cost of which shall be paid by the Owners. Any modification, amendment, or release
shall be in a form acceptable to the City Attorney.
Should this instrument be so modified, amended, or released, the Director of the City
Department of Planning and the Zoning Administrator, or the executive officer of the successor
of such Departments, or in the absence of such directors or executive officers, by each of their
designees of the office in their absence, shall forthwith execute a written instrument effectuating
and acknowledging such modification, amendment, or release.
9. 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 to
enter upon the Property for the purpose of investigating the use of the Property, and for
determining whether the conditions of this instrument and the City's building and zoning
regulations are being complied with. Enforcement of this instrument shall be by action against
the parties to this instrument, persons violating or attempting to violate any covenants in this
instrument, or the then Owners of the Property at the time the violation is committed. This
enforcement provision shall be in addition to any other remedies available at law, in equity, or
both. The violations may also be enforced by City Code, Chapter 2, Article X, entitled Code
Enforcement.
10. 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.
11. Cumulative and Waiver. All rights, remedies and privileges granted herein shall
be deemed to be cumulative and the exercise of any one or more shall neither be deemed to
constitute an election or remedy, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies, or privileges as may be available to it.
12. Recordation. This instrument shall be recorded in the Public Records of Miami -
Dade County within ten (10) days after the City Commission has approved the Applications and
this Declaration, and all applicable appeals periods have expired. Owners shall promptly furnish
a recorded copy of this Declaration to the City of Miami within thirty (30) days of recording.
[Signature Pages to Follow]
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IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
FIRST WITNESS 428 NE 38TH STREET FEE OWNER, LLC,
a Florida limited liability company
Signature
Print Name
SECOND WITNESS
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
By: BLOOMBERG EQUITIES, LLC,
a Florida limited liability company
Its: Manager
By:
Ronald Bloomberg
Its: Manger
The foregoing instrument was acknowledged and executed before me this day of
, 2018 by Ronald Bloomberg, as manager of Bloomberg Equities, LLC, a Florida
limited liability company, the Manager of 428 NE 38th Street Free Owner, LLC, a Florida limited
liability company, in the capacity aforestated. Mr. Bloomberg is [ ] personally known to me or [
] has produced as identification.
NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)
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IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
FIRST WITNESS PAMLAU, LLC,
a Florida limited liability company
By:
Signature Laurent Boutbien
Its: Manger
Print Name
SECOND WITNESS
Signature
Print Name
STATE OF
COUNTY OF
)
)
The foregoing instrument was acknowledged and executed before me this day of
, 2018 by Laurent Boutbien, as manager of Pamlau, LLC, a Florida limited liability
company, in the capacity aforestated. Mr. Boutbien is [ ] personally known to me or [ ] has
produced as identification.
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NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
FIRST WITNESS 448 NE 38TH STREET, LLC,
a Florida limited liability company
By:
Signature Ronald Bloomberg
Its: Manger
Print Name
SECOND WITNESS
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
The foregoing instrument was acknowledged and executed before me this day of
, 2018 by Ronald Bloomberg, as manager of 448 NE 38TH Street, LLC, a Florida
limited liability company, in the capacity aforestated. Mr. Bloomberg is [ ] personally known to
me or [ ] has produced as identification.
NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)
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IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
FIRST WITNESS 454 NE 38 STREET, LLC,
a Florida limited liability company
Signature
Print Name
SECOND WITNESS
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
By: AMERICAN RIVIERA REAL ESTATE
COMPANY, INC.,
a Florida corporation
Its: Manager
By:
Ronald Bloomberg
Its: President
The foregoing instrument was acknowledged and executed before me this day of
, 2018 by Ronald Bloomberg, as President of American Riviera Real Estate Company,
Inc., a Florida corporation, the manager of 454 NE 38 Street, LLC, a Florida limited liability
company, in the capacity aforestated. Mr. Bloomberg is [ ] personally known to me or [ ] has
produced as identification.
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NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
FIRST WITNESS 457 NE 37 ST, LLC,
a Florida limited liability company
Signature
Print Name
SECOND WITNESS
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
By: BLOOMBERG EQUITIES, LLC,
a Florida limited liability company
Its: Manager
By:
Ronald Bloomberg
Its: Manger
The foregoing instrument was acknowledged and executed before me this day of
, 2018 by Ronald Bloomberg, as manager of Bloomberg Equities, LLC, a Florida
limited liability company, the manager of 457 NE 37 ST, LLC, a Florida limited liability
company, in the capacity aforestated. Mr. Bloomberg is [ ] personally known to me or [ ] has
produced as identification.
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NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
FIRST WITNESS KIMBAR CORPORATION
a Florida corporation
Signature
Print Name
SECOND WITNESS
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
By:
Rolando Barreto
Its: President
The foregoing instrument was acknowledged and executed before me this day of
, 2018 by Rolando Barreto, president of Kimbar Corporation, a Florida corporation, in
the capacity aforestated. Mr. Barreto is [ ] personally known to me or [ ] has produced
as identification.
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NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
FIRST WITNESS JOYANRO CORPORATION
a Florida corporation
By:
Signature Rolando Barreto
Its: Vice President and Director
Print Name
SECOND WITNESS
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
The foregoing instrument was acknowledged and executed before me this day of
, 2018 by Rolando Barreto, as vice president and director of Joyanro Corporation, a
Florida corporation, in the capacity aforestated. Mr. Barreto is [ ] personally known to me or [ ]
has produced as identification.
NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)
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APPROVED AS TO FORM AND APPROVED:
CORRECTNESS:
VICTORIA MENDEZ FRANCISCO GARCIA
City Attorney Director of Planning and Zoning
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EXHIBIT "A"
LEGAL DESCRIPTION
The North Parcels
Lot 26 Less R/W, of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the
Plat thereof, as recorded in Plat Book 5, Page 25 of the Public Records of Miami -Dade County,
Florida
Commonly referred to as 428 NE 38 Street and identified for tax purposes by folio number 01-
3219-011-0270.
Together with,
Lot 25 Less R/W, of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the
Plat thereof, as recorded in Plat Book 5, Page 25 of the Public Records of Miami -Dade County,
Florida
Commonly referred to as 430 NE 38 Street and identified for tax purposes by folio number 01-
3219-011-0260.
Together with,
Lot 24 Less R/W, of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the
Plat thereof, as recorded in Plat Book 5, Page 25 of the Public Records of Miami -Dade County,
Florida
Commonly referred to as 448 NE 38 Street and identified for tax purposes by folio number 01-
3219-011-0250
Together with,
Lot 23 Less R/W, of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the
Plat thereof, as recorded in Plat Book 5, Page 25 of the Public Records of Miami -Dade County,
Florida
Commonly referred to as 454 NE 38 Street and identified for tax purposes by folio number 01-
3219-011-0240
Together with,
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The South Parcels
Lot 17 less portion lying in right-of-way, of BUENA VISTA BISCAYNE BADGER CLUB
COMPANY, according to the Plat thereof, as recorded in Plat Book 1, Page 115 of the Public
Records of Miami -Dade County, Florida
Commonly referred to as 433 NE 37 Street and identified for tax purposes by folio number 01-
3219-019-0150
Together with,
Lot 15 less east 1FT thereof, of BUENA VISTA BISCAYNE BADGER CLUB COMPANY,
according to the Plat thereof, as recorded in Plat Book 1, Page 115 of the Public Records of
Miami -Dade County, Florida
Commonly referred to as 441 NE 37 Street and identified for tax purposes by folio number 01-
3219-019-0120
Together with,
Lots 11, 13 and east 1FT of Lot 15, of BUENA VISTA BISCAYNE BADGER CLUB
COMPANY, according to the Plat thereof, as recorded in Plat Book 1, Page 115 of the Public
Records of Miami -Dade County, Florida
Commonly referred to as 457 NE 37 Street and identified for tax purposes by folio number 01-
3219-019-0100
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