HomeMy WebLinkAboutExhibit B (Obsolete)Declaration of Restrictive Covenants
Folio No(s): 01-3134-000-0230
Office of City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Return Recorded Copy to:
City of Miami
Office of Zoning, Attn: Zoning
Administrator 444 S.W. 2nd Avenue,
2nd Floor
Miami, FL 33130-1910
Folio No(s): 01-3134-000-0230
This submittal needs to be schebu Led bra public hearing
In accordance wiHi timelines set forth in the City of
Miami Cede. The appllcade decision -making burly WILL
review the information at the public hearing to render a
recommendation or a final decision.
PZ-22-12002
03/10/23
(Space Above for Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this 30 day of January , 2023, by POLISH AMERICAN CLUB OF MIAMI INC, a Florida
not -for -profit corporation (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 1250 N.W. 22nd Ave., Miami, Florida, legally described in Exhibit "A"
attached hereto and made a part hereof (the "Property"); and
WHEREAS, the Owner sought and obtained a Future Land Use Map redesignation
pursuant to Ordinance No. for the Property; and
WHEREAS, the Owner sought and obtained a rezoning approval pursuant to
Ordinance No. for the Property; and
WHEREAS, the Owner is desirous of making a voluntary binding commitment to
assure that the Property shall be developed in accordance with the provisions of the
Declaration of Restrictive Covenants
Folio No(s): 01-3134-000-0230
Declaration herein; and
NOW THEREFORE, the Owner, for valuable consideration, the re
adequacy of which are hereby acknowledged, voluntarily covenants and agrees tha
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
This submittal needs to be scheduled bra public hearing
In accordance wiHi timelines set forth in the City of
Miami Code. The appllcade decision -making body NOR
review the information at the public hearing to render a
recommendation or a final decision.
PZ-22-12002
03/10/23
are hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
2. Restrictions: The Owner hereby makes the following voluntary declarations
running with the land concerning the use of the Property:
a Waterfront Public Access. The owner shall allow waterfront access to
the public from 6:00 AM to 10:00 PM along the river walk to be developed as part of any future
mixed -use project on the Property.
b. Riverwalk Design. The proffered river walk will be designed in
accordance with Article 3, Section 3.11 and Appendix B of the Miami 21 Code and the
Baywalk Riverwalk Design Standards and Guidelines.
c. Working Waterfront Restrictions. The Owner recognizes that legally
permitted existing Working Waterfront 24-hour operations may currently exist proximate to the
Property. Therefore, Owner agrees to:
i. Design structures on the Property, to the greatest extent economically
feasible, to attenuate noise that may be generated by legally permitted Working Waterfront 24-
PUBL.,
Declaration of Restrictive Covenants
Folio No(s): 01-3134-000-0230
hour operations; and
ii. Provide all future tenants and prospective owners of
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NOTICE
This submittal needs to be schedu Led bra public hearing
In accordance wiHi timelines set forth in the City of
Miami Code. The appllcade decision -making body will
review the Information at the public hearIng to render a
recommended on or a final decision.
notice of the existing Working Waterfront 24-hour operations and will include such notic
future leases and/or condominium documents; and
d Development Restrictions. The Owner agrees to:
i. Limitation on Heitht: Limit the height of any future structure or
building on the Property to the maximum height permitted by the then existing zoning transect
designation without the use of any public benefits or other bonuses that may authorized by the
zoning code;
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ii. Community Facility Use: Include a space for the future home of The
Polish American Club of Miami, Inc. (or its successor entity) of not less than 10,000 gross square
feet in size in any structure constructed on the Property; and
iii. Miami River Commission Urban Infill Subcommittee Review: Prior to
procuring a building permit for any structure or building on the Property, Owner shall submit a
site plan of the proposed improvements to the Miami River Commission's Urban Infill
Subcommittee for its review of the same.
e. Workforce Housing. The Owner shall require that not less than twenty
percent (20%) of all future residential dwelling units constructed on the Property be set -aside as
workforce housing for households earning up to one hundred percent (100%) of the Area Median
Income ("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
cod'
Declaration of Restrictive Covenants
Folio Nu(s): 01-3134-000-0230
Public Records of Miami -Dade County, Florida. These restrictions shall be for the
a limitation upon, all present and future owners of the Property and for the public
This submMat needs to be scbedu led for a public hearing
In accordance witti timelines set forth in the City of
Miami Code. The applicade decision -making bodywlll
review the Information at the public hearing to render a
recommendation or a final decision.
4. Term of Covenant. This voluntary Declaration on the part of the Owner s
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.
5. 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 of
the City of Miami'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. After notice
and an opportunity to cure, 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, either to restrain violations or to recover damages. This enforcement
provision shall be in addition to any other remedies available under the law.
6. Amendment, Modification, Release. This Declaration may be modified, amended,
or released as to any portion or all of the Property only after the occurrence of a determination of
the Zoning Administrator that the Declaration is no longer necessary to preserve and protect the
Property for the purposes herein intended. Any amendment, modification, or release shall be
0 PUB��
Declaration of Restrictive Covenants
Folio No(s): 01-3134-000-0230
executed by the Zoning Administrator, or his or her successor or designee, an
acceptable to the City Attorney.
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NOTICE
This submittal needs to be schedu Led bra public hearing
In accordance wet timelines set forth in the City of
Miami Code. The appLIca decision -ma king body NC
review the Informayon at the public hearing to render a
recommended on or efinal decision.
PZ-22-12002
03/10/23
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7. Severability. Invalidation of any one of these covenants by judgment of Court
s
not affect any of the other provisions of this Declaration, which shall remain in full force and
effect.
8. 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.
9. 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.
10. 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
Declaration of Restrictive Covenants
Folio No(s): 01-3134-000-0230
IN WITNESS WHEREOF, the undersigned has set her hand and seal this
Ianuar , 2023.
Witnessed by:
Witnessed by:
Print Na
Print Name:
4
ec or'e 1- Duren cues
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
NOTICE
This submittal needs to be schebu Led bra public hearing
in accordance wilt timelines set forth in the City of
Miami Cede. The applies de deeialon-making bedy will
renew the Infor natlon at the public hearing to render a
recommendation or a final clads on.
PZ-22-12002
03/10/23
POLISH AMERICAN CLUB OF MIAMI
INC., a Florida not -for -profit corporation
By:
Wesley vasniak,
Vice Pr sident
By:
Le ek Surowi c
Vice President
The foregoing instrument was acknowledged before me by means of ® physical presence
o] online notarization, this 30 day of Ianuary , 2023, by Wesley Kwasniak and Leszek
Surowiec as Vice President of Polish American Club of Miami, Inc., a Florida not -for -profit
corporation, who is personally known to me or who has produced as identification.
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Notary Public, State of Fir rida
Print Name:
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My Commission Expires:
Notary Public State of Florida
Normita Garcia
of F, My Commission HH 014484
i Expires 08/24/2024
PUBL.,
Declaration of Restrictive Covenants
Folio No(s): 01-3134-000-0230
CITY OF MIAMI:
APPROVED AS TO CONTENTS:
Daniel Goldberg, Esq.
Zoning Administrator
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez, Esq.
City Attorney
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NOTICE
This submittal needs to be schebu led bra public hearing
In accordance wiHi timelines set forth in the City of
Miami Code. The appllcade decision -making body will
review the Information at the public hearIng to render a
recommended on or a final decision.
PZ-22-12002
03/10/23
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