HomeMy WebLinkAboutExhibit APlease return this instrument after recording to:
City of Miami
Department of Housing & Community Development
14 NE 1 Avenue, 2nd Floor
Miami, Florida 33132
Folio No.: 01-3125-029-0102
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration"), made this
day [ ] of [ ], 2023, by BEL INVEST WYNWOOD 2, INC., a Florida
corporation having offices at 10800 Biscayne Boulevard, Suite 620, North Miami, Florida 33161
("Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida ("City").
WITNESSETH:
WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida,
located at 98 NW 27th Street, Miami, Florida, legally described in Exhibit "A" attached hereto
and made a part hereof (the "Property");
WHEREAS, Owner intends to construct on the Property a lodging/multi-family residential
structure (the "Project") containing four (4) affordable Micro Dwelling Units, as defined in City's
zoning code adopted by Ordinance 13114, as amended set aside for Affordable Housing as defined
in Section 13-5 of the Code of the City of Miami, as amended (the "City Code") (such four (4)
micro units being referred to herein as, the "Affordable Housing Units");
WHEREAS, the Property is currently subject to certain affordable housing restrictions, as
more particularly set forth (i) in that certain Quit Claim Deed recorded in Official Records Book
24510, Page 3715, of the Public Records of Miami -Dade County, Florida; (ii) Resolution 05-0522,
adopted by the City Commission on September 8, 2005; (iii) Declaration of Restrictive Covenants,
recorded in Official Records Book 24510, Page 3720, of the Public Records of Miami -Dade
County, Florida; (iv) Covenant Running with the Land - Single Family, recorded in Official
Records Book 25620, Page 3046, of the Public Records of Miami -Dade County, Florida; and (v)
Declaration of Restrictive Covenants for Affordable Home -Owner Developments, recorded in
Official Records Book 25879, Page 2954, of the Public Records of Miami -Dade County, Florida
(collectively, the "Existing Affordable Housing Covenants"); and
WHEREAS, Owner and City desire that this Declaration shall completely and fully
supersede and replace the Existing Affordable Housing Covenants; and
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NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of
which are hereby acknowledged, voluntarily covenants and agrees that the Property shall be
subject to the following restrictions that are intended and shall be deemed to be a covenant running
with the land and binding upon the Owner of the Property, and its heirs, grantees, successors, 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.
2. Use/Restriction:
a. Owner shall ensure that the Affordable Housing Units shall be rented to and
occupied by persons of the general public qualifying for occupancy of affordable housing pursuant
to the provisions of Chapter 13 of the City Code. The Affordable Housing Units shall be occupied
by persons whose income does not exceed eighty percent (80%) of area median income for Miami -
Dade County, adjusted for household size, as determined by the United States Department of
Housing and Urban Development on an annual basis ("AMP') during the term of this Declaration.
b. In the event that Owner desires to convert the Project to a condominium
form of ownership, prior to converting any of the Affordable Housing Units from rental units to
homeownership units, the Owner, or its successors or assigns, must request and receive written
authorization from the City Manager in his or her sole and absolute discretion. In the event that
the conversion is authorized, the City and Owner shall coordinate to record covenants on individual
units ("Individual Covenants") in a manner that creates the same amount of Affordable Housing
homeownership units specified in this Declaration, which shall be occupied by persons whose
income do not exceed eighty percent (80%) of AMI during the term of this Declaration. Each
Individual Covenant must (i) specify the applicable AMI for any purchaser during the term of the
Individual Covenant and (ii) expire on the same date as this Declaration.
c. In the event that any of the Affordable Housing Units are sold, the specific
unit(s) must be sold with a purchase cost equal to or less than the standards for those individuals
whose income is at or below the AMI as established herein. Each Affordable Housing Unit sold
shall include a deed restriction that the Unit shall only be sold with a purchase cost equal to or less
than the standards for those individuals whose income is at or below the applicable AMI as
established herein and shall further indicate that the Unit shall only be sold to individuals whose
income is at or below eighty percent (80%) of AMI. The deed restriction must specify the specific
applicable AMI.
3. Effective Date. This Declaration shall constitute a covenant running with the title
to the Property and be binding upon Owner, its successors and assigns upon recordation in the
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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.
4. Term of Declaration. This voluntary Declaration 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 a period of twenty-three (23) years from the date of issuance by the City of a Certificate
of Occupancy or Temporary Certificate of Occupancy for the Project.
5. Inspection. It is understood and agreed that any official inspector of the City may
have the right at any time during normal working hours of the City'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.
6. Enforcement. 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 to restrain violations, to recover damages, or for any other remedy
available. In addition, any violation or noncompliance of this Declaration shall be immediately
referred to the Code Compliance Depail.ulent for enforcement proceedings, lien placement, and
citations pursuant to Chapter 2, Article X of the City Code, Chapter 62 of the City Code, as both
may be amended, and this Declaration. Any violation or noncompliance of this Declaration shall
be referred to the City Attorney's Office for enforcement, including but not limited to injunctive
relief and/or any other remedies in law or equity. This enforcement provision shall be in addition
to any other remedies available under the law. The use of one remedy shall not preclude the use
of another.
7. Non -Compliance. Any violation or noncompliance of this Declaration regarding
the affordable housing component shall result in a monetary penalty to be deposited into the
Affordable Housing Trust Fund. Such monetary penalty shall be assessed as a daily fine of two
hundred fifty dollars ($250.00) per day per violation until proof of compliance has been provided
to the City. The monetary penalty shall not be subject to mitigation or otherwise modified by any
body or board including, but not limited, to the Code Enforcement Board.
8. Amendment, Modification, and Release. This Declaration may be modified,
amended, or released as to any portion or all of the Property only after approval by the City
Commission at a publicly noticed hearing. All costs, expenses, and fees associated with releasing
this Declaration shall be the sole responsibility of the party requesting the release. Any
amendment, modification, or release approved by the City Commission shall be executed by the
City Manager, or his or her respective successor or designee, and be in a form acceptable to the
City Attorney, or designee.
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9. 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.
10. 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.
11. Recordation. This Declaration will be e-recorded by the City of Miami, at the
Owner's expense, in the public records of Miami -Dade County, Florida upon full execution.
12. No Vested Rights. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the Owner, its successors, and assigns.
13. Existing Affordable Housing Covenants. The City hereby acknowledges and agrees
that this Declaration shall completely and fully supersede and replace the Existing Affordable
Housing Covenants.
SIGNATURE PAGES TO FOLLOW
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Signed, witnessed, executed and acknowledged this [ ] day of [ ], 2023.
BEL INVEST WYNWOOD 2, INC., a
Florida corporation
Witnesses:
By:
Name: Maximilian M. Beltrame
Print Name: Title: Authorized Signatory
Print 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 [ ], 2023, by Maximilian M. Beltrame
a/k/a Maximilian Beltrame, as Authorized Signatory of BEL INVEST WYNWOOD 2, INC., a
Florida corporation. Personally Known [_]or Produced Identification [ ].
Type of Identification Produced [ ]
Print or Stamp Name: [ ]
Notary Public, State of [ ]
Commission No.: [ ]
My Commission Expires : [ ]:
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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Folio No. 01-3125-029-0102
ATTEST:
Todd B. Hannon, City Clerk
Date:
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez, City Attorney
APPROVED BY RISK MANAGEMENT:
Ann Marie Sharpe, Director
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE OF FLORIDA
By:
Arthur Noriega V, City Manager
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Folio No. 01-3125-029-0102
Exhibit "A"
Lot 12, Block 1, AMENDED PLAT OF DONMOORE VILLA, according to the Plat thereof, as recorded
in Plat Book 6, Page 7, of the Public Records of Miami -Dade County, Florida.
LESS AND EXCEPT:
The external area of a circular curve, lying within Lot 12, Block 1, AMENDED PLAT OF DONMOORE
VILLA, according to the Plat thereof, as recorded in Plat Book 6, Page 7, of the Public Records of Miami -
Dade County, Florida, being concave to the Southeast having a radius of 25.00 feet, a central angle of
89°39'58", an arc length of 39.12 feet and tangents which are 25 feet East of and parallel with the centerline
of Northwest 1 Avenue and 25 feet South of and parallel with the centerline of Northwest 27 Street
conveyed to the City of Miami, a Florida municipal corporation by Right -of -Way Deed recorded September
16, 2008 in Official Records Book 26568, Page 4726, of the Public Records of Miami -Dade County,
Florida.
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