Loading...
HomeMy WebLinkAboutExhibit B - CovenantPrepared by: Name: William W. Riley, Jr., Esq. Greenspoon Marder LLP Address: 600 Brickell Avenue, Suite 3600 Miami, Florida 33131 After recordation, Send Certified Copy to: Zoning Administrator 444 SW 2"a Avenue, 4`l' Floor Miami, FL 33130 DECLARATION OF RESTRICTIVE COVENANTS (Affordable and/or Senior Housing and Workforce Housing Use Restriction) THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration"), made this _ day of , 2018, in favor of the City of Miami, Florida ("City"), WITNESSETH: WHEREAS, the undersigned Owners ("Owners") hold fee simple title to certain properties in the City of Miami, Florida, located at 824, 826, 834, 842, 852, 860, 868, and 876 NW 1 Street; and 29 NW 9 Avenue, Miami, Florida, legally described in Exhibit "A" attached hereto and made a part (collectively referred to hereinafter as the "Property"); WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property shall be maintained in accordance with the provisions of this Declaration. NOW, THEREFORE, the Owners voluntarily covenant and agree 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 Owners, its successors in interest, heirs, vendees, and assigns, as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are true and correct and are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Use. Future use of the Property shall be restricted to a single, uniform development program. The proposed development program is intended to include one or more, but is not specifically limited to, the following uses: (1) general retail, (2) retail grocery, (3) residential and (4) customary ancillary uses including, off-street parking. In the event that the Owners seek development incentives pursuant to Section 3.15, Article 3 of the Miami 21 Zoning Code, as amended, then Owners shall commit" all, residential units within the development program as affordable and/or senior ousing and workforce' housing. As used herein, the terms "affordable housing" and "workforce housing" `shall have the same meaning as set forth in Section 1.2, Article 1 of the Miami 21 Zoning Code, as amended, and by any successor Zoning Ordinance of the City, as applicable 3. Affordable Housing Contribution. Owners have voluntarily proffered a monetary contribution to the City in the amount o ($ ) dollars as a .funding source to improve the affordable housing stock within the City's jurisdictional boundaries. The monetary contribution, which the City has agreed to accept, shall be paid by Owners to the City; prior to site plan approval for the Property. This contribution shall be payable from Owners to the City's Affordable Housing Trust Fund and the use of said funds shall be restricted to the geographical boundaries of District 3 of the City of Miami. The City may, at its sole discretion, reappropriate said funds to City departments and/or agencies created 778477 Page 2 of 6 in the future to address the affordable housing needs within District 3 of the City, such as but not limited to a Affordable Housing Department. 4. Covenant Running with the Land. This instrument shall constitute a covenant running with the land and shall be made binding upon Owners, their successors and assigns. These restrictions shall be a limitation upon all present and future Owners of the Property. 5. Effective. This instrument shall become binding on the Property upon recordation in the Public Records of Miami -Dade County, Florida. The Owner shall promptly record this instrument within ten (10) days of acceptance by the City at their cost and expense and provide a certified copy of the recorded instrument to the City of Miami Office of the Zoning Administrator, 444 SW ri ve 4th Floor, Miami, Fl. 33130 within ten (10) days of recordation. 6. Term of Covenant. This voluntary covenant on " the part of the Owners shall remain in full force and effect and shall be binding upon the Owners of the Property, its successors in interest and assigns and shall, be binding upon them foran 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 7. Inspections and Monitoring. 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 to determine whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. 778477 Page 3 of 6 8. Enforcement. An action to enforce the terms and conditions of this Declaration, including failure to record the Declaration, may be brought by the City of Miami 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 City Code, 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. Each party shall bear their own attorney's fees. 9. Modification, Amendment, Release. This Declaration ;of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument, in recordable form, executed by the then owner(s) of the Property, approval of the City Zoning Administrator and Director of Planning, and approved by the City Attorney as to legal form and correctness Any modification, amendment or release shall include the signatories included inthis section and be recorded in the Official Public Records of Miami - Dade County, Florida to be valid and effective. 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. 11. Recording This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owners, no later than ten days after acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within ten (10) days of recordation. In the event a court of competent jurisdiction rescinds or quashes this approval, it is expressly understood that this Declaration is 778477 Page 4 of 6 void and of no legal force and effect and that the Owner and/or his assigns and successors may file and record any documents which are necessary to void the legal effect of this Declaration. IN WITNESS WHEREOF, the undersigned has duly executed this Declaration this day of ,2018 TWO WITNESSES FOR EACH OWNER(S): OVINE By: Print Name: By: Print Name: STATE OF FLORID. COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 2018 by (S)He" personally appeared before me, is [ personally known to me or ] produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: 778477 Page 5 of 6 CITY OF MIAMI: Approved: Francisco Garcia, Director of Planning Approved: Devin Cejas, Director of Zoning, ZoningAdministrator Approved as to Legal Form and Correc Victoria Mendez, City At 778477 Page 6 of 6