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HomeMy WebLinkAboutExhibit B CovenantDocument prepared by: 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 Nos.: 01-4138-003-3120; 01-4138-003-3110; 01-4138-003-3100; 01-4138-003-3090; 01-4138-003-3080; 01-4138-003-3180; 01-4138-003-3190; 01-4138-003-3200; 01-4138-003-3210; 01-4138-003-3220; 01-4138-003-3221; 01-4138-003-3230; 01-4138-003-3240; 01-4138-003-3060 (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS This DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made this day of , 2024 by BROOKSTONE 805 FLAGLER LLC, a Florida Limited Liability Company having offices at 2100 Hollywood Boulevard, Hollywood Florida, 33020 (the "Owner"), in favor of the City of Miami (the "City"), Florida. WITNES SETH: WHEREAS, Owner holds fee simple title to certain properties in the City, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner hereby makes, declares, and imposes on the land herein described, this Declaration and the covenants running with the title to the land contained herein, which shall be binding on the Owner, all heirs, grantees, successors, assigns, personal representatives, and upon all mortgagees, lessees, and all others presently or in the future claiming any interest in the Property, as described below. WHEREAS, Owner is the owner of that certain property located at 26 NW 8 Avenue, 805 W. Flagler Street, 815 W. Flagler Street, 821 W. Flagler Street, 827 W. Flagler Street, 835 W. Flagler Street, 843 W. Flagler Street, 853 W. Flagler Street, 861 W. Flagler Street, 826 NW 1 Street, 834 NW 1 Street, 842 NW 1 Street, 852 NW 1 Street, and 860 NW 1 Street in the City of Miami, Florida 33128, as more particularly described on Exhibit "A" attached hereto and incorporated as if fully set forth herein (collectively the "Property"); and Covenant Running with the Land Folio Nos.: 01-4138-003-3120; 01-4138-003-3110; 01-4138-003-3100; 01-4138-003-3090; 01-4138-003-3080; 01-4138-003-3180; 01-4138-003-3190; 01-4138-003-3200; 01-4138-003-3210; 01-4138-003-3220; 01-4138-003-3221; 01-4138-003-3230; 01-4138-003-3240; 01-4138-003-3060 WHEREAS, the Owner is desirous of making a binding commitment to assure the City that redevelopment of Property shall be maintained in accordance with the provisions of this Declaration. WHEREAS, consistent with the goals, policies, and objectives of the Miami Comprehensive Neighborhood Plan ("MCNP") and Miami 21, the Owner is proposing a new, state of the art high density, mixed use, transit -oriented urban development providing much needed residential units and a neighborhood serving grocery store in District 3 (the "Project"); and WHEREAS, the Project requires the following approvals by the City Commission (collectively, the "Approvals): (i) an Amendment of MCNP Future Land Use Map ("FLUM") from "Medium Density Restricted Commercial" and "Restricted Commercial" to "Restricted Commercial" (the "FLUM Amendment"); (ii) a re -zone from T5-O, T6-8- 0, and T6-12-0 to T6-8-0 and T6-12-0 (the "Re -Zone"); and (iii) adoption of this Declaration; and WHEREAS, subject to the terms and conditions of this Declaration, as a condition of the Approvals, Owner has agreed to the following proffer: a one-time, one million nine hundred thousand dollars ($1,900,000.00) cash contribution thirty (30) days after issuance of an Exception, Waiver, or Zoning approval during Building Permit; and in any event, payment must be made prior to the City's issuance of a Building Permit for the Project, to be implemented by the City as a public benefits contribution, which is anticipated to be expended for the improvement of public parks in District 3, the boundaries as of January 1, 2024, of the City (the "Park Contribution"). 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 above recitals and findings set forth in the preamble of this Declaration are true and correct and are hereby adopted by reference and incorporated herein as if fully set forth in this Section. 2. Use of Property. Owner hereby agrees and declares that (i) for the purpose of this Declaration, the Property shall be considered as one plot and parcel of land, (ii) so long as this instrument shall remain in effect, any and all conveyances or transfers of all or any portion of the Property by the Owner, its heirs, grantees, 2 Covenant Running with the Land Folio Nos.: 01-4138-003-3120; 01-4138-003-3110; 01-4138-003-3100; 01-4138-003-3090; 01-4138-003-3080; 01-4138-003-3180; 01-4138-003-3190; 01-4138-003-3200; 01-4138-003-3210; 01-4138-003-3220; 01-4138-003-3221; 01-4138-003-3230; 01-4138-003-3240; 01-4138-003-3060 successors, assigns, or personal representatives shall be subject to the terms and restrictions of this Declaration as if any such heir, grantee, successor, assign, or personal representative were a party hereto or a signatory hereof. 3. Public Benefit. Owner shall comply with the following requirement as public benefits to the City. Park Contribution. Brookstone agrees that it shall make a one-time payment to the City for the improvement of public parks in District 3, the boundaries as of January 1, 2024, of the City in the amount of one million nine hundred thousand dollars ($1,900,000.00) within thirty (30) days after issuance of an Exception, Waiver, or Zoning approval during Building Permit; and in any event, payment must be made prior to the City's issuance of a Building Permit for the Project. 4. Effective Date. This instrument 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 Declaration. This voluntary covenant 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 instrument 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. 6. Covenant Running with the Land. This Declaration, once approved for legal form and sufficiency by the City Attorney, and accepted by the City of Miami, or the respective designees, shall run with the land and be binding upon the heirs, grantees, successors, personal representatives and assigns, and upon all owners, future owners, mortgagees, lessees and others presently or in the future having any interest in the Property. 7. Amendments, Modifications, Releases. This instrument may be modified, amended, or released as to any portion or all of the Property only after the occurrence of a public hearing before, and approval from, the City Commission. Any amendment, modification, or release shall be executed by the Planning Director and the Zoning Administrator, or their successor or designee, and be in a form acceptable to the City Attorney. 3 Covenant Running with the Land Folio Nos.: 01-4138-003-3120; 01-4138-003-3110; 01-4138-003-3100; 01-4138-003-3090; 01-4138-003-3080; 01-4138-003-3180; 01-4138-003-3190; 01-4138-003-3200; 01-4138-003-3210; 01-4138-003-3220; 01-4138-003-3221; 01-4138-003-3230; 01-4138-003-3240; 01-4138-003-3060 8. Severability. Invalidation of any of these covenants by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 9. 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. 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. 10. Cumulative. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedy, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies, or privileges as may be available to it. 11. Recordation. 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. 12. 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. 13. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors, or assigns. [SIGNATURES PAGESS TO FOLLOW] 4 Covenant Running with the Land Folio Nos.: 01-4138-003-3120; 01-4138-003-3110; 01-4138-003-3100; 01-4138-003-3090; 01-4138-003-3080; 01-4138-003-3180; 01-4138-003-3190; 01-4138-003-3200; 01-4138-003-3210; 01-4138-003-3220; 01-4138-003-3221; 01-4138-003-3230; 01-4138-003-3240; 01-4138-003-3060 In witness whereof the undersigned has caused his hand and seal to be affixed hereto on this day of , 2024. Witnesses: BROOKSTONE 805 FLAGLER LLC By: Print Name: Title: Print Name: Print Name: STATE OF COUNTY OF ) SS The foregoing instrument was acknowledged before me by means of [ ] physical presence OR [ ] online notarization, this day of , 2024, by , as of and BROOKSTONE 805 FLAGLER LLC. Personally Known or Produced Identification Type of Identification Produced My Commission Expires: Print or Stamp Name: Notary Public, State of Commission No.: 5 Covenant Running with the Land Folio Nos.: 01-4138-003-3120; 01-4138-003-3110; 01-4138-003-3100; 01-4138-003-3090; 01-4138-003-3080; 01-4138-003-3180; 01-4138-003-3190; 01-4138-003-3200; 01-4138-003-3210; 01-4138-003-3220; 01-4138-003-3221; 01-4138-003-3230; 01-4138-003-3240; 01-4138-003-3060 APPROVED AS TO CONTENTS: Lakisha Hull, AICP, LEED AP BD+C Planning Director Daniel Goldberg, Esq. Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney 6 Covenant Running with the Land Folio Nos.: 01-4138-003-3120; 01-4138-003-3110; 01-4138-003-3100; 01-4138-003-3090; 01-4138-003-3080; 01-4138-003-3180; 01-4138-003-3190; 01-4138-003-3200; 01-4138-003-3210; 01-4138-003-3220; 01-4138-003-3221; 01-4138-003-3230; 01-4138-003-3240; 01-4138-003-3060 Exhibit "A" Legal Description Parcel 1 The South 50 feet of Lot 3, Block 3, of RIVERSIDE BRICKELL'S ADDITION, according to the Plat thereof, as recorded in Plat Book 4, Page 45, of the Public Records of Miami - Dade County, Florida. ALSO KNOWN AS The South 50 feet of Lot 3, Block 3, of RIVERVIEW, according to the Plat thereof, as recorded in Plat Book 5, Page 43, of the Public Records of Miami -Dade County, Florida. AND Parcel 2 Lots 4 and 5, Block 3, of RIVERVIEW, according to the Plat thereof, as recorded in Plat Book 5, Page 43, of the Public Records of Miami -Dade County, Florida. AND Parcel 3 Lot 6, Block 3, of RIVERVIEW, according to the Plat thereof, as recorded in Plat Book 5, Page 43, of the Public Records of Miami -Dade County, Florida. AND Parcel 4 Lots 7 and 8, Block 3, of RIVERSIDE BRICKELL'S ADDITION, according to the Plat thereof, as recorded in Plat Book 4, Page 45, of the Public Records of Miami -Dade County, Florida. AND Parcel 5 Lots 13 and 14, Block 3, of RIVERSIDE BRICKELL'S ADDITION, according to the Plat thereof, as recorded in Plat Book 4, Page 45, of the Public Records of Miami -Dade County, Florida. AND Parcel 6 Lot 15, less the South 10 feet, Block 3, of RIVERVIEW, according to the Plat thereof, as recorded in Plat Book 5, Page 43, of the Public Records of Miami -Dade County, Florida. ALSO KNOWN AS 7 Covenant Running with the Land Folio Nos.: 01-4138-003-3120; 01-4138-003-3110; 01-4138-003-3100; 01-4138-003-3090; 01-4138-003-3080; 01-4138-003-3180; 01-4138-003-3190; 01-4138-003-3200; 01-4138-003-3210; 01-4138-003-3220; 01-4138-003-3221; 01-4138-003-3230; 01-4138-003-3240; 01-4138-003-3060 Lot 15, less the South 10 feet, Block 3, of RIVERSIDE BRICKELL'S ADDITION, according to the Plat thereof, as recorded in Plat Book 4, Page 45, of the Public Records of Miami -Dade County, Florida. AND Parcel 7 Lots 16, 17 and 18, less the South 10 feet, Block 3, of RIVERVIEW, according to the Plat thereof, as recorded in Plat Book 5, Page 43, of the Public Records of Miami -Dade County, Florida. AND Parcel 8 Lot 19, Block 3, of RIVERVIEW, according to the Plat thereof, as recorded in Plat Book 5, Page 43, of the Public Records of Miami -Dade County, Florida. AND Parcel 9 Lot 20, Block 3, of RIVERVIEW, according to the Plat thereof, as recorded in Plat Book 5, Page 43, of the Public Records of Miami -Dade County, Florida. TRACT 2: The South 50 feet of Lots 1 and 2, Block 3, of RIVERVIEW, according to the Plat thereof, as recorded in Plat Book 5, Page 43, of the Public Records of Miami -Dade County, Florida. 8