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HomeMy WebLinkAboutExhibit B-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2024, 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 132a? - P)(ki THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3134-000-0230 Declaration herein; and 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. 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- THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3134-000-0230 hour operations; and ii. Provide all future tenants and prospective owners of the Property notice of the existing Working Waterfront 24-hour operations and will include such notice in all future leases and/or condominium documents; and d. Development Restrictions. The Owner agrees to: i. Limitation on Height: Limit the height of any future structure or building on the Property to the maximum height of eight (8) stories or 123 feet, whichever is less; 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"). f. Moratorium on Future Rezoning Requests. Notwithstanding anything in the City Code of Ordinances to the contrary, Owner agrees not to solicit a change of zoning for a period of thirty-six (36) months from the date of the recording of this Declaration. 3. Effective Date. This Declaration shall constitute a covenant running with the title THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3134-000-0230 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 publicwelfare. 4. Term of Covenant. 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. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3134-000-0230 Property for the purposes herein intended. Any amendment, modification, or release shall be executed by the Zoning Administrator, or his or her successor or designee, and be in a form acceptable to the City Attorney. 7. 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. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3134-000-0230 IN WITNESS WHEREOF, the undersigned has set her hand and seal this:2,5 day of 9�Ntu: , 2024. Witnessed by: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) POLISH AMERICAN CLUB OF MIAMI INC., a Florida not-for-p ofit corporation By: �0{,(4(A(1' Blanka Rosenstiel President aSetcA,lca�� The foregoing instrument was acknowledged before me by means of N oLi online notarization, this day of b t 2024, by Blanka President of Polish American Club of Miami, Inc • ' - . not -for -profit personally known to me or who has produced, as ident'. 'cation. Pri My Commission E t pires: ysica osenstiel a corporation, w `O AS resence Vice -to is THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. LENDER'S JOINDER TO DECLARATION OF RESTRICTIVE COVENANTS MIAMI SOCIETY, GROUP 3036 POLISH NATIONAL ALLIANCE, a Florida non-profit corporation, whose mailing address is 4244 N.W. 62^d Avenue, Coral Springs, Florida 33067 (hereinafter, "Lender"), which is the owner and holder of the following described mortgage documents (the "Lender Documents"): That certain Mortgage executed by POLISH AMERICAN CLUB OF MIAMI INC., a Florida non-profit corporation, in favor of Lender, dated August 3rd, 2004, recorded August 19th, 2004, in Official Records Book 22588, at Page 2421, in the Public Records of Miami -Dade County, Florida, hereby agrees to subordinate the lien on the Lender Documents to the terms of the Declaration of Restrictive Covenant (the "Declaration"). WITNESSES: Na Printed Name: Name: Printed Name: / STATE OF f /-v'i /1 COUNTY OF-a0L,O - L) )ss: LENDER: MIAMI SOCIETY, GROUP 3036 POLISH NATIONAL ALLIANCE, a Florida non-profit corporation -77 By• Name: ��// (174� %C The foregoi instrument was acknowledged before me th•is �C day of /(l0 , 20 3 by - C /J4 .5.0 E�'I , as T 5 E /V 's , of MIAMI SOCIETY, GROUP 3036 POLISH NATIONAL ALLIANCE, a Florida non-profit corporation, who is personally known to me, or has produced a FL IV, (VL, S'UCrA/-315identification. /Printed Name: 5 LL S 44/ /l4 - %3(,{.e/L4i1J Notary Public My Commission Expires: 2 13c%U 9181126-1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. LENDER'S JOINDER TO DECLARATION OF RESTRICTIVE COVENANTS BLANKA ROSENSTIEL, an individual, whose mailing address is 1440 79th Street Causeway, Ste. 117, North Bay Village, Florida 33141 (hereinafter, "Lender"), which is the owner and holder of the following described mortgage documents (the "Lender Documents"): That certain Mortgage and Security Agreement executed by THE POLISH AMERICAN CLUB OF MIAMI, INC., a Florida not -for -profit corporation, in favor of Lender, dated March 26th, 2022, recorded April 12th, 2022, in Official Records Book 33125, at Page 1647, in the Public Records of Miami -Dade County, Florida, hereby agrees to subordinate the lien on the Lender Documents to the terms of the Declaration of Restrictive Covenant (the "Declaration"). WITNESSES: Name: ��,�-✓/j�iJ�G%�✓ Printed Name:p 0 (1,fG C.k.0 'Nth LA, K4 • Name: Printed Na STATE 0 )ss: COUNTY OF Ja) The foregoing instrument was acknow BLANKA ROSENSTIEL, an individual, 13se.8,v�identification. -24-2026 9181126-1 LENDER: BLANKA ROSENSTIEL, an individual e this 8 day o , 20 by known to me, r has produced a FlS e ` Name: tary Public Commission Expires:431 4! a0a l 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 SUBSTITUTED This submittal needs to be scheduled In accordance wilt timelines set Miami Cede. The appllce de deci review the Information at the p recommendation . public hearing in the City of -making bodywlll c hearing to render a nal decison. 12002 /10/23 (Space Abov or Recorder's Use Only) DECLARATION OF RESTRICTIVE COVE ► ANTS THIS DECLARATION OF RESTRICTIVE COVENA ► S (the "Declaration"), made this 30 day of January , 2023, by POLISH AMERIC CLUB OF MIAMI INC, a Florida not -for -profit corporation (the "Owner"), in favor •f the CITY OF MIAMI, FLORIDA, a municipality of the State of Florida (the "City"). WIT ESSETH: WHEREAS, Owner holds • e-simple title to certain property in the City of Miami, Florida, located at 1250 N.W 2nd Ave., Miami, Florida, legally described in Exhibit "A" attached hereto and mad:. part hereof (the "Property"); and WHEREAS, e Owner sought and obtained a Future Land Use Map redesignation pursuant to Or ance No. for the Property; and EAS, the Owner sought and obtained a rezoning approval pursuant to Ordin.. ce 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 receipt an adequacy of which are hereby acknowledged, voluntarily covenants and agrees th the Property shall be subject to the following restrictions that are intended and shall . deemed to be a covenant running with the land and binding upon the Owner of the roperty, and its heirs, grantees, successors, and assigns as follows: 1. Recitals The recitals and findings set forth in the pre. ' .le of this Declaration SUBSTITUTED are hereby adopted by reference thereto and incorporated here as if fully set forth in this Section. 2. Restrictions. The Owner hereby makes e following voluntary declarations running with the land concerning the use of the P •perty: a Waterfront Public Ac ' . ss. The owner shall allow waterfront access to the public from 6:00 AM to 10:00 PM alg the river walk to be developed as part of any future mixed -use project on the Property. b. Riverw. Design. The proffered river walk will be designed in accordance with Article 3 ection 3.11 and Appendix B of the Miami 21 Code and the Baywalk Riverwalk sign Standards and Guidelines. Working Waterfront Restrictions. The Owner recognizes that legally permitted e sting Working Waterfront 24-hour operations may currently exist proximate to the Proper 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- -12002 /10/23 PU8 0 Declaration of Restrictive Covenants Folio No(s): 01-3134-000-0230 hour operations; and SUBSTITUTED ii. Provide all future tenants and prospective owners of the Prop ty notice of the existing Working Waterfront 24-hour operations and will include such no e in all future leases and/or condominium documents; and d Development Restrictions. The Owner agrees to: i. Limitation on Heitht: Limit the height of .. future structure or building on the Property to the maximum height permitted by the existing zoning transect designation without the use of any public benefits or other bon . es that may authorized by the zoning code; ii. Community Facility Use: Inde a space for the future home of The Polish American Club of Miami, Inc. (or its succes r entity) of not less than 10,000 gross square feet in size in any structure constructed on the roperty; and iii. Miami River C ssion Urban Infill Subcommittee Review: Prior to procuring a building permit for any + cture or building on the Property, Owner shall submit a site plan of the proposed rovements to the Miami River Commission's Urban Infill Subcommittee for its revie of the same. e. orkforce Housing. The Owner shall require that not less than twenty percent (20%) of workforce h future residential dwelling units constructed on the Property be set -aside as sing for households earning up to one hundred percent (100%) of the Area Median Income AMI"). 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 Declaration of Restrictive Covenants Folio Nu(s): 01-3134-000-0230 SUBSTITUTED Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, an a limitation upon, all present and future owners of the Property and for the publicwelfare. 4. Term of Covenant This voluntary Declaration on the part of the 0 er shall remain in full force and effect and shall be binding upon the Owner, its successors ' interest and assigns for an initial period of thirty (30) years from the date this Declaratio s recorded in the public records and shall be automatically extended for periods of ten (10) , ears, unless modified, amended or released prior to the expiration thereof. 5. Inspection and Enforcement It is understoo' and agreed that any official inspector of the City of Miami may have the right at any e during normal working hours of the City of Miami's inspector to enter upon the Prope for the purpose of investigating the use of the Property, and for determining whethethe conditions of this Declaration and the requirements of the City's building and zon g regulations are being complied with. After notice and an opportunity to cure, an action to nforce the terms and conditions of this Declaration may be brought by the City and may ► by action at law or in equity against any party or person violating or attempting to vio e any covenants of this Declaration or provisions of the building and zoning regulations, - ther to restrain violations or to recover damages. This enforcement provision shall be in ddition to any other remedies available under the law. 6. This Declaration may be modified, amended, or release.. s to any portion or all of the Property only after the occurrence of a determination of the Z. g Administrator that the Declaration is no longer necessary to preserve and protect the P •perty for the purposes herein intended. Any amendment, modification, or release shall be -12002 /10/2 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3134-000-0230 executed by the Zoning Administrator, or his or her successor or designee, and be in a form acceptable to the City Attorney. 7. Severability. Invalidation of any one of these covenants by judgment of rt shall not affect any of the other provisions of this Declaration, which shall remain in " 11 force and effect. 8. Counterparts/Electronic Signature. This Declaration be executed in any number of counterparts, each of which so executed shall be deemeto be an original, and such counterparts shall together constitute but one and the same eclaration. The parties shall be entitled to sign and transmit an electronic signature of s Declaration (whether by facsimile, PDF or other email transmission), which signature s be binding on the party whose name is contained therein. Any party providing an elec deliver to the other parties an original sign nic signature agrees to promptly execute and eclaration upon request. 9. Recordation. This Dec ation will be e-recorded by the City of Miami, at the Owner's expense, in the public rec ' ds of Miami -Dade County, Florida upon full execution. 10. No Vested Ri . Nothing in this Declaration shall be construed to create any vested rights whatsoe -r to the Owner, its successors and assigns. SIGNATURE PAGES TO FOLLOW SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3134-000-0230 IN WITNESS WHEREOF, the undersigned has set her hand and seal this 30 day Ianuan , 2023. Witnessed by: Witnessed by: Print Na Print Name: &©re 1 owen Cuffs STATE OF FLORIDA COUNTY OF MIAMI-DADE POLISH AMERICAN CLUB OF ► AMI INC., a Florida not -for -profit co s oration By: Wesley Vasmak, Vice President By: Le ek S owl c Vice P sident The foregoing instrume as acknowledged before me by means of NI physical presence o] online notarization, thi 30 day of I anuary , 2023, by Wesley Kwasniak and Leszek Surowiec as Vice Preside of Polish American Club of Miami, Inc., a Florida not -for -profit corporation, who is pers•. ally known to me or who has produced as identification. Notary Public, State of Fl rida Print Name: 4. No,tal}a&4ro4 k My Commission Expires: Notary Public State of Florida Normita Garcia of F, My Commission HH 014484 i Expires 08/24/2024 SUBSTITUTED 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 This submittal needs to be scheb In accordance wkh timelin Miami Cede. The appLicade review the Information at recommend r a public hearing forth in the City of don -making bedywlll ubec hearing to render a r aflnal decision.