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Home My WebLink AboutExhibit BExhibit B City App CFN: 202204154 DATE:05/20/2022 HARVEY RUVIN, CL Prepared by and return to: Greenberg Traurig 333 Avenue of the Americas 44th Floor Miami, FL 33131 7hIssubmtaLneees to be schealed tor public hearing In accord apex w, grnegnes set forth In the City of Kurd Code The applicable deosicri-makhg body will review the i hionnabon at the public hearing to rend er a recommendat on or a Ina' declaon PZ-22-15147 03/29/23 Reserved for Recording DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day 2./ of Jon 2021, by One Roble, LLC, a Florida limited liability company, having offices at 2100 Coral Way, Suite 704, Miami, Florida 33133 (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 properties located at 3069 and 3091 Plaza Street, Miami, Florida (Folio Nos, 01-4121-002-0860 and 01-4121-002-0870), legally described in Exhibit A attached hereto and made a part hereof (collectively, the "Property"), which are the subject of a rezoning application; and WHEREAS, Owner has filed applications for (a) Future Land Use Map amendment to re- designate the Property from "Duplex Residential" to "Medium Density Multifamily Residential" and (b) rezoning from T3-O/NCD-2 to T4-R/NCD-2 (collectively, the "Application"); 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, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, Owner voluntarily covenants and agrees 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 Owner, its successors in interest 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. Affordable Housing. Twenty percent (20%) of the total number of units developed at the Property as part of any multifamily residential or condominium development 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 of Miami -Dade County ("A_MI") as certified by the Department of Housing and Community Development (the CFN: 202204154 3069 and 3091 Plaza Street, Miami, Florida Declaration of Restrictive Covenants Page 2 of8 7hIssubmRtalneees m be scheeulee tore public hearing In accord apex wim bmeones set forth In the City of Kurd Cale. The applicable ticisiminakhg body will renew the i hionnabon at the public hearing to render a recommenslati on or a Ina' declaon PZ-22-15147 03/29/23 "Affordable Housing Units"). This condition shall only apply to multifamily residential housing development on the Property. 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 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 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 Declaration. 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 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 the applicable AMI as established herein and shall further indicate that the Unit shall only he rented to individuals whose income is at the AMI as established herein. The deed restriction must specify the specific applicable AMI. 3. Public Benefits Cash Contribution. The Owner shall make a One Hundred Thousand Dollars ($100,000) contribution as a lump sum payment to Rebuilding Together Miami -Dade, Inc, to assist in the organization's efforts to repair and improve the homes of low income and vulnerable homeowners and tenants in the Coconut Grove Village West Island Conservation District. This one-time contribution shall be made no later than five (5) business days prior to issuance of any building permit, including but not limited to a phased permit, for multi -family residential development on the Property. 4. Effective Date. This Declaration is effective at the date of recordation of this Declaration executed by all parties in the Public Records of Miami -Dade County, Florida (the "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. 5. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, their successors in interest and assigns for a period of thirty (30) years from the date this Declaration is recorded in the public records, unless modified, amended or released prior to the expiration thereof. 6. Inspection. 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 for the purpose of investigating the use of the Property, and for 2 CFN: 202204154 3069 and 3091 Plaza Street, Miami, Florida Declaration of Restrictive Covenants Page 3 of 8 NOTICE 7hIssubmtaLneees to be schealed tor public hearing In accord apex wq grneLines set forth In the City of Kurd Code The applicable deosicri-makhg body will review the i hionnabon at the public hearing to rend er a recommendat on or a Ina' declaon PZ-22-15147 03/29/23 determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. 7. Enforcement. An action to enforce the terms and conditions of this Declaration may he 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. 8. 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. 9. Cioverning Law, This Declaration shall be construed in accordance with the laws of the State of Florida and any proceedings arising in any manner pertaining or relating to this Declaration shall, to the extent permitted by law, be held in Miami -Dade County, Florida. 10. 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 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. 11. 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. 12. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within ten (10) days of 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. CFN: 202204154 3069 and 3091 Plaza Street, Miami, Florida Declaration of Restrictive Covenants Page 4 of 8 TTIssubmtalneees to beschebuled tore public hearing In accord apex wim bmeLines set forth In the City of Kurd Cale. The applicable deeisiminakhg body will renew the in1ormabon at the public hearing to render a recommenslati on or a final declaon PZ-22-15147 03/29/23 11. 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. 12. 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 4 CFN: 202204154 3069 and 3091 Plaza Street, Miami, Florida Declaration of Restrictive Covenants Page 5 of 8 IN WITNESS WHEREOF, the undersigned has set his hand and seal this , 2021. Witnessed by: On Roble, LLC, A Fkorida limited ia company STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) Thls submtal.neals to be schetlutti tor a public hearing In accordance with timelines set forth In the City of Miami Code The applicable decisicri-nla khg body wia review the i hlorhaton at the public hearing to rend er a recommendation or a Ina decision PZ-22-15147 03/29/23 By: Maximo Sacchini, IN nager day of The foregoing instrument was acknowledged before me by means of [ ] physical presence or [] online notarization this 26i day of Jvn , 2021 by Maximo Sacchini, Manager of One Roble, LLC. He personally appeared before me, is Ily known to mc or produced as identification. y P.41 3 Name Notary Notary Public, State o lorida Commission No. My commission expires: JANET ROSILLO Notary Public • State of Florida Commission # HH 140357 • my Comm. Expires Jun 10, 2025 5 3069 and 3091 Plaza Street, Miami, Florida Declaration of Restrictive Covenants Page 6 of 8 APPROVED AS TO CONTENTS: ezd-aA, Cesar G "a -Pons Director of Planning GoldbergDigitally signed by , Goldberg, Daniel Date: 2022.01.25 1M014,-410oldbelf4, Dilaello3-3 -0500' Office of Zoning for Ge�jMensah, Director Dept tinent of Housing and Community Development APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria M&idez JMS City Attorney 22-190 6 CFN: 202204154 Thls submtal.neals to be schetlutti tor a public hearing In accordance with timelines set forth In the City of Miami Code The applicable decisicri-nla khg body wia review the i hlormaton at the public hearing to rend er a recommendation or a Ina decision PZ-22-15147 03/29/23 3069 and 3091 Plaza Street, Miami, Florida Folio Nos. 01-4121-002-0860 and 01-4121-002-0870 and Parcel I Exhibit "A" Legal Description of Property • CFN: 202204154 k 2, at Page 101, of the Pub c Number: 01-4121 ThIssubmtal.necOs to be schetluLeci tor a public hearing In accordance with timelines set forth In the City of Miami Code The applicable decisicri-nla khg body wia review the i hlorhaton at the public hearing to rend er a recommendation or a Ina decision PZ-22-15147 03/29/23 ag to the Plat -Dade County, d 24, k 4, of ARTER'S ADDITION TO COCONUT GROVE, according to the Plat n Plat k 2, at Page 101, of the Public Records of Miami -Dade County, # Number: 014 2 70 7