HomeMy WebLinkAboutExhibit BExhibit B
Return recorded copy to:
City of Miami
Office of Zoning
444 S.W. 2nd Avenue, 2nd Floor
Miami, FL 33130-1910
Document prepared by:
City Attorney's Office
City of Miami
444 S.W. 2nd Avenue, 9th Floor
Miami, FL 33130-1910
This submittal needs b be scheduled for a public hearing
In accordance whh timelines set forth in the City of
Miami Code. The appiica hie decision -making body will
review the Information at the public hearing to render a
recommendation or a final decision.
PZ-19-4415
11/05/20
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"),
made this day of , 2020, by 2170 SBH, LLC, a Florida limited liability
company having offices at 1901 Ponce de Leon Boulevard, Coral Gables, FL 33134 and 45
SBH, LLC, a Florida limited liability company having offices at 1901 Ponce de Leon
Boulevard, Coral Gables, FL 33134 (hereinafter referred to collectively as 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 property in the City of Miami,
Florida, located at 2170 NW Flagler Terrace and 45 NW 22 Avenue in Miami, Florida, which
are identified by Miami -Dade Tax Folio Nos. 01-4103-013-0610 and 01-4103-013-0620, and
legally described as follows:
Lots 10. 11 and 12, less the West 20 feet thereof, in Block 4, '°EV
HEIGHTS'", according to the plat thereof, as recorded in Plat Book 1. n
56—S, of the Public Records of Miami —Dade County Florida.
AND
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In accordance whh timelines set forth in the City of
Miami Code. The spoke tie decision -making bodywlll
renew the Information at the public hearing to render a
recommendation or a final decision.
Lets 8 and 9, Block 4, 'EVANSTON HEIGHTS", according to the plat Thereof, as
recorded in Plat Book 1, at Page 56—S, of the Public Records of Miami —Dade
County Florida.
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hereinafter referred to as the "Property."
WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No.
for the Property; and
WHEREAS, the Owner is desirous of making a voluntary binding commitment to
assure and affirm that the Property shall be developed in accordance with the provisions of the
Declaration herein.
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 or Contribution. The Owner shall provide a total of 10 (ten)
percent of the housing units as a part of any multifamily residential rental or condominium
development on the Property shall be owner occupied and/or rental housing with a purchase
cost, value, or monthly rental, as applicable, equal to or less than the amounts established by
the applicable standards for those individuals whose income is at or below eighty percent
(80%) of Area Median Income based on Area Median Income as published by the United
States Department of Housing and Urban Development and certified by the Department of
Community and Economic Development. This condition applies only to
Multi -family Housing development.
Prior to converting any of the Affordable or Workforce Housing Units fro
to homeownership units, the Owner, or its successors or assigns, must request and r
written authorization from the City Manager. 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 or Workforce
homeownership units specified in 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 the Covenant for Affordable or Workforce Housing; and
In the event that any of the Affordable or Workforce 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 or
Workforce 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 rented to individuals whose income is at or below the AMI as established
herein. The deed restriction must specify the specific applicable AMI.
The Units required pursuant to this section shall not count towards satisfying a Public
Benefit standard to achieve a bonus in height or bonus in floor area that may be requested at
the time of redevelopment under the City of Miami's Miami 21 Zoning Code.
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 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 an initial period of thirty (30) years from the date this Declaration 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.
ThIs submittal needs to he scheduled for a public hearing
In accordance wkh 4melines set forth in the City of
Miami Cote. The applica11e decision -making body will
review the information at the public hearing to render a
recommendation or a final decision.
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5. Inspection. It is understood and agreed that any official inspecto
may have the right at any time during normal working hours of the City's inspect
N �F
NOTICE
This submktal needs to be scheduled fora puboc hearing
In accordance with timelines set forth in the City of
Miami Code. The applicable decision -making body will
renew the information at the pu no hearing to render a
recommendation or a final decal on.
upon the Property for the purpose of investigating the use of the Property, and for determ
whether the conditions of this Declaration and the requirements of the City's building
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 Department 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.
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8. Amendment, Modification, and Release. This Declaration m
amended, or released as to any portion or all of the Property only after approv
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance wkh timelines set forth in the City of
Miami Code. The applicable decision -making body will
review the information at the public hearing to render a
recommendation or a final decision.
Commission at a publicly noticed hearing. All costs, expenses, and fees associa
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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 Planning Director, the Zoning Director, and the Housing and Community
Development Director, or their successor, or designee, and be in a form acceptable to the City
Attorney.
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. Recording. This Declaration shall be filed of record among the Public Records
of Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the
acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City
Department of Hearing Boards within thirty (30) days of recordation.
11. No Vested Rights. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the Owner, its successors and assigns.
SIGNATURE PAGES TO FOLLOW
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ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this day of
2020.
WITNESSES:
Signature
Print Name
OWNER:
2170 SBH, LLC
'-N to
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicade decision -mating body ...AIL
renew the information at the pubc hearing to render a
recommendation or a final decision.
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Managing Member / Partner
Name: Javier Jimenez
Title: MGR
Signature 1901 Ponce de Leon Boulevard
Coral Gables, FL 33134
Print Name
STATE OF FLORIDA COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization by Javier Jimenez, the MGR of 2170 SBH, LLC, on behalf
of the limited liability company. He is ❑ personally known to me or ❑ has produced
as identification.
Witness my signature and official seal this day of
2020, in the County and State aforesaid.
My Commission Expires:
Print Name
Notary Public State of Florida
ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this day of
2020.
WITNESSES:
Signature
Print Name
OWNER:
45 SBH, LLC
This submittal needs to be scheduled fora public hearing
in accordance wM1h tmellnes set forth in the City of
Miami Code. The applica Fie decision -making body will
review the information at the public hearing to render a
recommendat on or a final decision.
PZ-19-4415
11/05/20
Managing Member / Partner
Name: Javier Jimenez
Title: MGR
Signature 1901 Ponce de Leon Boulevard
Coral Gables, FL 33134
Print Name
STATE OF FLORIDA COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization by Javier Jimenez, the MGR of 45 SBH, LLC, on behalf
of the limited liability company. He is ❑ personally known to me or ❑ has produced
as identification.
Witness my signature and official seal this day of 2020, in the
County and State aforesaid.
My Commission Expires:
Notary Public State of Florida
Print Name
7
Approved as to Planning and Zoning:
Francisco Garcia, Director
Planning Department
Approved as to Legal Form:
Victoria Mendez
City Attorney
This submittal needs to be scheduled fora public hearing
in accordance wM1h tmellnes set forth in the City of
Miami Code. The applica Fie decision -making body will
review the information at the public hearing to render a
recommendat on or a final decision.
PZ-19-4415
11/05/20