HomeMy WebLinkAboutExhibit BSubmitted into the public f
/
record r ite (s) )
.1n j Z. _(Z t_ ty Clerk
Document prepared by:
Office of the City Attorney
444 S.W. 2nd Avenue, Ste. 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): 01-3124-012-0780; 01-3124-012-0810; 01-3124-012-0820; 01-3124-012-0020; 01-3124-012-0770; 01-
3124-012-0830; 01-3124-015-0030; 01-3124-015-0040; and 01-3124-015-0050.
(Space Above for Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENT that the undersigned, BVM DEVELOPMENT LLC, a
Florida limited liability company; 5040 NE 2, LLC, a Florida limited liability company; DESIGN DISTRICT
STUDIOS LLC, a Florida limited liability company; DESIGN DISTRICT STUDIOS II LLC, a Florida limited
liability company; and DESIGN DISTRICT STUDIOS 3 LLC, a Florida limited liability company
(hereinafter, the "Owners") hereby make, declare and imposes on the land herein described, this
Declaration of Restrictive Covenants (the "Declaration"), and the covenants running with the title to the
land contained herein, which shall be binding on the Owners, all heirs, grantees, successors and assigns,
personal representatives, mortgagees, lessees, and against all persons claiming by, through or under it.
WHEREAS, Design District Studios LLC and Design District Studios 3 LLC (hereinafter, "Studios")
are the owners of those certain properties located at 169 and 177 NE 50th Street (Folio Nos. 01-3124-015-0040
and 01-3124-015-0050), in the City of Miami, Florida (the "Studios Properties"), more particularly described
in Exhibit "A," attached hereto and incorporated herein; and
WHEREAS, Design District Studios II LLC (hereinafter, "DDS") is the owner of that certain
property located at 160 NE 50th Terrace (Folio No. 01-3124-012-0830), in the City of Miami, Florida (the
"DDS Property"), more particularly described in Exhibit "A," attached hereto and incorporated herein; and
WHEREAS, BVM Development LLC (hereinafter, "BVM") and 5040 NE 2 LLC (hereinafter, "5040")
are the owners of that certain property located at 184 NE 50th Terrace (Folio No. 01-3124-012-0780), 170 NE
50th Terrace (Folio No. 01-3124-012-0810), 162 NE 50th Terrace (Folio No. 01-3124-012-0820), 5010 NE 2nd
Avenue (Folio No. 01-3124-012-0020), and 5040 NE 2nd Avenue (Folio No. 01-3124-012-0770), in the City of
Miami, Florida, (together, the "BVM Properties"), more particularly described in Exhibit "A," attached
hereto and incorporated herein; and
WHEREAS, BVM is the owner of that certain parcel located at 183 NE 50th Street (Folio No. 01-3124-
015-0030), in the City of Miami, Florida (the "BVM Parcel"), more particularly described in Exhibit "A,"
attached hereto and incorporated herein; and
14`9-11-3- Exh,bi+ Pb
Submitted Into the pu i lie
record ` r it m(s)
on 1 1-AZ- Z City Clerk
WHEREAS, Owners submitted an application for a rezoning of the DDS Property, BVM Properties,
Studios Properties and BVM Parcel owned by Owners identified as PZ-20-6065 (the "Application"); and
WHEREAS, Owners as an inducement to the City of Miami ("City") for its approval of the
Application voluntary proffer this Declaration and the limitations on the future development of the land
described in Exhibit A outlined herein (collectively, the "Property"); and
NOW, THEREFORE, IN ORDER TO ASSURE the City that the Owners' promises in connection
with the Applications, the Owners, their successors and assigns, freely, voluntarily, and without duress
hereby makes the following Declaration covering and running with Property and shall bind the Owners,
any assignee, mortgage, or buyer, and all other parties that receive title to interest in the Property:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein.
2. Use/Restrictions. The Owners hereby make the following voluntary declarations running with
the land concerning the future development of the Property following the date of this Declaration. The
restrictions outlined hereinbelow shall not be interpreted to limit the future development or redevelopment
of the Property for such other lawfully permitted uses authorized by the City's ordinances or land
development regulations, as the same may be amended from time -to -time.
A. Short -Term Rentals. Owners hereby covenant that any residential units constructed in
any new structures on the Property shall not be let for any residential tenancy with a duration of less than
180 days. Existing structures on the Property where residential units may be used for tenancies of less than
180 days are set forth in Exhibit "B."
B. Parking Access. BVM and 5040 hereby covenants that any new parking structure or
surface parking lot erected to service the BVM Properties and/or BVM Parcel shall be accessed exclusively
from such parcels with a zoning designation of Urban Transect Zone (T5) or greater.
C. Maximum Building Heights. Owners hereby covenant that the maximum height of any
new buildings constructed on any portion of the Property with a designation of Urban Center Transect
Zone (T5) shall be limited to a maximum height of five (5) Stories or eight -one feet (81'), whichever is less.
Owners hereby further agree that the maximum height of any new buildings constructed on any portion
of the Property with a designation of General Urban Transect Zone (T4) shall be three (3) Stories or forty
feet (40'), whichever is less.
D. DDS Property Maximum Density & Use Restrictions. In addition to the restriction on
residential tenancies of 180 days or less set forth hereinabove in paragraph 2.A., DDS hereby covenants
that the future development of the DDS Property shall: (i) for any new residential use, be limited to a
maximum density of five (5) dwelling units; and (ii) not developed as Public Parking, as such term is
defined in Miami 21, or as a private surface parking lot in support of such residential uses on the Studios
Properties.
E. BVM Properties Maximum Density. BVM and 5040 hereby covenant that the future
development of the BVM Properties for any new residential use shall be limited to a maximum density of
fifty (50) dwelling units.
Submitted Into the
record f r ite (s)
on-- ? ( ?
ublic
City Clerk
3. Effective Date. This Declaration shall constitute a covenant running with title to the Property
and be binding upon the Owners, their 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 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) periods, unless modified, amended or released prior to the
expiration thereof.
5. Inspection & 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.
6. Amendment, Modification, Release. This Declaration may be amended, modified or released
as to any portion or all of the Property upon approval of the same by a vote of the City Commission
following a recommendation of the Release Review Committee applying the criteria in Section 7.1.7.6(a)(1),
Miami 21.
7. Severability. Invalidation of any one of these covenants by judgment of a Court shall not affect
any other provisions of the 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 e-mail transmissions), which
signature shall be binding upon 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 shall be e-recorded by the City of Miami, at the Owners'
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 Declarant, its successors, or assigns.
[Signature Page to Follow]
Signed, witnessed, executed and acknowledged this
Witness:
Print Name: Q16.1.4At Lamm
STATE OF FLORIDA
} SS
COUNTY OF MIAMI-DADE }
Submitted into the public
recgrd oritem(s) in--1 `k
on 7.1 Z,j tt l City Clerk
day of ketiiitige2024.
BVM DEVELOPMENT LLC, a Florida limited
liability company
By:
The for_ a ping instrument was acknowledged before me this 4444 day of j&) O\LG# J2 , 2024,
by means of physical presence or o on-line notarization, by Michal Duby Aviv as Manager of BVM
Development LLC, a Florida limite liability company, on behalf of the company, who is personally known
to me or has produced zeta �j pt t4( (s eryti fi lion.
Rose Marano
Comm.:HH250126
Expires: ApriI8,2026
• Sts.,‘,0 Notary Public- State of Florida
My Comm jai inn R�� a � 2C2,V
Name: ary Public, State of PIVid(21
Signed, witnessed, executed and acknowledged this
Witness:
Print Name: Dahl t1" S
Print Name: V isa Md,wune.0
Submitted Litto the p 1'c
record ; r it m(s) - 1_
on�'j.�121 City Clerk
day ofk Jd441 LP , 2024.
5040 NE 2, LLC, a Florida limited liability company
By: UPPER 5040, LLC, a Florida limited liability
company
By: UPPER CORNER, LLC, a Florida limited
liability company
By:
Michal Av
Manager
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 4411 day of bertumiaoir , 2024,
by means of Wrysical presence or o on-line notarization, by Michal Aviv as Manager of Upper Corner
LLC, a Florida limited liability company, as Manager of Upper 5040, LLC, as Manager of p040 NE 2, LLC
do behalf of the companies, who is personally known to me or has produced b( iJ. / Li d fvK as
identification.
{ggt.,S,, , Rose Moreno
Comm.:HH250i28
As Expires:Apri 8,2026
1,,a,°,,,.0 Notary Public • State of Florida
n or am. Name:
Notary Public, State of F CV'i f Ci
My Commission Expires: Ji. 1\ Ti 2024
Submitted .ito the publi
record for ite (s)
on
Signed, witnessed, executed and acknowledged this j+1-1 clay of NOV 2024.
Witness:
Print Name: ROSS 3 uRC H
Print Name: lJ rfG) TAnfEe
STATE OF FLORIDA
l SS
COUNTY OF MIAMI-DADE }
DESIGN DISTRICT STUDIOS LLC, a Florida limited
liability company
By: " v�
Arthur Porosoff
Manager
LU U
MY COMMISSION #HH5165B5
E(ARES: APR 16, 2023
Bonded Inuitt 151 Suu ono
The foregoing instrument was acknowledged before me this day of v' . , 2024,
by means of c physical presence or o on-line notarization, by Arthur Porosoff as Manager of Design District
Studios LLC, a Flan limited Iia ilimpany, on behalf of the company, who is personally known to
me or has produced as identification.
Print or Stamp Name: _
Notary Public, State of f -�-
My Commission Expires: �, l
City Clerk
Submitted Lite the pu
recd fpr itgm(s)
on12
Signed, witnessed, executed and acknowledged thi-si'f h day of , 2024
Witness:
Print Name: R ST TcRCh!
Print Name: U rev .rhvE2
STATE OF FLORIDA
I SS
COUNTY OF MIAMI-DADE I
DESIGN DISTRICT STUDIOS Il LLC, a Florida
limited liability compa y
2
Arthur Porosoff
Manager
LU LI
MY COMMISSION #HH516SS5
EXPIRES: APR 16, 202B
Bonded Cpaph 1A Slate Imam
City Clerk
The foregoing instrument was acknowledged before me thiVk day of Ajoy 2024,
by means of u physical presence or o on-line notarization, by Arthur Porosoff as Manager of Design District
Studios 11 LLC, a Flo ' limited liability company, on behalf of the company, who is personally known to
me or has produced f t2.rS.l os identification.
My Commission Expires:
/441-7.
f/
Print or Stamp Name:
Notary Public, State of
Sutitiintd Ito the ,public
record for i errl(s) �'�
°� City Cleric
Signed, witnessed, executed and acknowledged thi7 day of A/04,, , 2024.
Witness:
Print Name: 7?oS s gu R (14
c/K
Print Name: V t4J t hive -
STATE OF FLORIDA
SS
COUNTY OF MIAMI-DADE l
DESIGN DISTRICT STUDIOS 3 LLC, a Florida limited
liability company
Arthur Porosoff
Manager
11.1U
MY COMM$SION 6HH515585
EXPIRES: APR 16, 2028
eade8 hough 1st Sale Insane
The foregoing instrument was acknowledged before me this 1i/r day of NO V 2024,
by means of o physical presence or o on-line notarization, by Arthur Porosoff as Manager of Design District
Studios 3 LLC, a Florid limited liability company, on behalf of the company, who is personally known to
me or has produced //#Y GI �t as identification.
My Commission Expires:
Print or Stamp Name:
Notary Public, State of L
?-404
Submitted into the public
record la or itgm(s)
on
APPROVED AS TO CONTENTS:
David Snow, Director
Planning Department
Tamara Allen Frost, AICP
Zoning Administrator
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
George K. Wysong, III
City Attorney
City Clerk
Submitted Lnto the public
record or i em(s) _
on I City Clerk
MORTGAGEE JOINDER
Seacoast National Bank, national association as successor by merger to Professional Bank, whose
mailing address is 815 Colorado Avenue, Stuart Florida 34994 (hereinafter, "Lender"), which is the owner
and holder of the following described mortgage documents (the "Lender Documents"):
That certain Mortgage, executed by BVM DEVELOPMENT LLC, a Florida limited liability
company, in favor of Lender, recorded on September 1, 2021, in the Official Records Book
32713, at Page 1607, 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.
WITNESSES:
Name:
Printed Name: C ' ' i' S -4,/
LENDER:
Seacoast National Bank, national association
By:
Name:
The foregoing instrument was acknowledged before me this sr' day �t�ln k 24 by
"etati,`s.'U1T , as , Seacoast National Bank, national association who is personally
k own to me, or has produced a as identification.
4
4
MARIE E. GRAHAM
�/•r`: Notary Public- State of Florida
�r m g, Commission f NH 114585
My Comm. Expires Aug 1, 2025
Bonged through National Notary Assn.
Printed Name: \''l l (t' 6 (>tetki i17
Notary Public
My Commission Expires: (..t ►',)64-5
Submitted into the pub is
record r item(s)
on
MORTGAGEE JOINDER
POPULAR BANK, a New York state chartered commercial bank, whose mailing address is 85
Broad Street,101h Floor, New York, NY 10004 (hereinafter, "Lender"), which is the owner and holder of the
following described mortgage documents (the "Lender Documents"):
That certain Mortgage, Assignment of Leases and Rents, Security Agreement, Financing
Statement and Fixture Filing, executed by DESIGN DISTRICT STUDIOS LLC, DESIGN
DISTRICT STUDIOS II LLC, and DESIGN DISTRICT STUDIOS 3 LLC, all Florida limited
liability companies, in favor of Lender, dated June 4, 2021, and recorded on September 29,
2021, in the Official Records Book 32764, Page 1106, 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_
WITNESSES.
Name:
Printed Name:
Name: �9� LJ e_i�.�
Printed Name:) �..7t_ WO k-k-k
LENDER:
POPULAR BANK, a New York state chartered
commercial bank
Tlr g y fooi g instrument was kn %vl�c1 dged before me this (3 day f , 2024, by
� U& , as ja,tlu° iular Ban a New York state chartered commercial bank
who is personally known to me, or has produced a — 1� !' as identification.
Printed Name: _' >? i') ,1 rt J / 1056
Notary Public
City Clerk
My Commission Expires:-171,01 I) t
'r •,
,��► .R...Damal is J. Agosto
• : \ Comm.: HH 222618
•ti i4Tc Expires: Feb.12, 2026
+ ....,...�� ,. Notary Public - State of Florida
MORTGAGEE JOINDER
Submitted into the public
record for ittrr(s)
on
City Clerk
Wynwood Buena Vista LLC, a Florida limited liability company, whose mailing address is 151 NW
24a Street, Ste. 107, Miami, PL 33127 (hereinafter, "Lender"), which is the owner and holder of the following
described mortgage documents (the "Lender Documents"):
That certain Mortgage, executed by 5040 NE 2, LLC, a Florida limited liability company,
in favor of Lender, recorded on April 8, 2022, in the Official Records Book 33119, at Page
1056, in the Public Records of Miami -Dade County, Florida,
Hereby agrees to subordinate the ben on the Lender Documents to the terms of the Declaration.
WITNESSES: LENDER:
Wynwood Buena Vista LLC, a Florida limited
liability company
Name:
Printed ame:Y02 5S1r11411
Name:
Printed Name —S2i'e1G__O1,e0N3 Name.—i—(-rcC.2v1�_
-1� �jlayu46(20 foregoing instrument was acknowledged before me this day 15 by
�CL4ti/ Dcatuk , as IM. w ct , of Wynwood Buena Vista LLC, a Florida limited liability
company who is personally known to me, or has produced a t qt./ as identificatio
By; �LQ
Printed
Notary '• Iic
My Commission Expires:
ALEGRIA
\,QY ass FEt i)C �
oa ''4 ° !rotary Publk
State of Florida
JyN c?
Comm# HH167935
Expires 8/23/2025
Submitted into the pu
record for ittn-,(s
on
EXHIBIT "A"
LEGAL DESCRIPTION
DDS PROPERTY
I
City Clerk
Lot 4, Block 7, of CORRECTED PLAT OF ALTA VISTA, according to the Plat thereof, recorded in Plat Book
6, Page 4, of the Public Records of Miami -Dade County, Florida.
Also known as: 162 NE 50th Terrace, Miami, FL
Parcel Identification No.: 01-3124-012-0820
BVM PROPERTIES
The South 30 feet of the West 25 feet of Lot 3, less the North 87.92 feet thereof; in Block 7, of CORRECTED
PLAT OF ALTA VISTA, according to the Plat thereof, as recorded in Plat Book 6, at Page 4, of the Public
Records of Miami -Dade County, Florida.
Also known as: 170 NE 50th Terrace, Miami, FL
Parcel Identification No.: 01-3124-012-0810
Beginning at the Northeast corner of Lot 1, Block 1, BELLAIRE, a subdivision, according to the Plat thereof,
recorded in Plat Book 6, Page 24, of the Public Records of Miami -Dade County, Florida, as a point of
beginning; thence South along the East line of said lot, 42 feet; thence Westerly on a line parallel to the
South line of Lot 1 until it reaches the West line of said Lot 1; thence North along the West line of said Lot
1 to the Northwest corner of said Lot 1; thence East to the point of beginning. AND all Lot 2, in Block 7, of
CORRECTED PLAT OF ALTA VISTA, according to the Plat thereof, recorded in Plat Book 6, at Page 4, of
the Public Records of Miami -Dade County, Florida. AND Lot 3, in Block 7, of CORRECTED PLAT OF
ALTA VISTA, according to the Plat thereof, recorded in Plat Book 6, at Page 4, of the Public Records of
Miami -Dade County, Florida, less the following described parcel: Beginning the Southwest corner of
aforesaid Lot 3; thence North along the West boundary of Lot 3, 30.0 feet; thence East 25.0 feet; thence South
30.58 feet to the South boundary of Lot 3 aforesaid; thence West along the South boundary of aforesaid Lot
3, 25.0 feet to the point of beginning.
Also known as: 184 NE 50th Terrace, Miami, FL
Parcel Identification No.: 01-3124-012-0780
Lot 1 and 2, Block 1, of BELLAIRE, according to the map or plat thereof as recorded in Plat Book 6, Page
24, Public Records of Miami -Dade County, Florida.
LESS THE FOLLOWING DESCRIBED PARCEL OF LAND: Begin at Northeast corner of Lot 1; thence
South along the East line of Lot 1 for 42 feet; thence West on a line parallel to the South line of Lot 1, until
it reaches the West line of Lot 1; thence North along the West line of Lot 1 to the Northwest corner of Lot
1; thence East along the North line of Lot 1 to the Point of Beginning;
Subm'tted into the pub
recordtfor items)
on
AND LESS:
City Clerk
The Southerly 55.0 feet of said Lot 2, Block 1, of BELLAIRE,
to the map or plat thereof as recorded in Plat Book 6, Page 24, Public Records of Miami -Dade County,
Florida.
Also known as: 5010 NE 2nd Avenue, Miami, FL
Parcel Identification No.: 01-3124-015-0020
The East 55 feet of Lot 5, Block 7, CORRECTED PLAT OF ALTA VISTA, according to the plat thereof
recorded at Plat Book 6, Page 4, in the Public Records of Miami -Dade County, Florida.
Also known as: 160 NE 50th Terrace, Miami, FL
Parcel Identification No.: 01-3124-012-0830
The East 52.5 feet of the North 80 feet of Lot 1, Block 7, CORRECTED PLAT OF ALTA VISTA, according to
the plat thereof recorded at Plat Book 6, Page 4, in the Public Records of Miami -Dade County, Florida.
Also known as: 5040 NE 2 Avenue, Miami, FL
Parcel Identification No.: 01-3124-012-0770
STUDIOS PROPERTIES
Lot 4, Block 1, BELLAIRE, according to the Plat thereof, as recorded in Plat Book 6, Page 24, of the Public
Records of Miami -Dade County, Florida.
Also known as: 177 NE 50th Street, Miami, FL
Parcel Identification No.: 01-3124-015-0040
Lot 5, Block 1, BELLAIRE, according to the Plat thereof, as recorded in Plat Book 6, Page 24, of the Public
Records of Miami -Dade County, Florida.
Also known as: 169 NE 50th Street, Miami, FL
Parcel Identification No.: 01-3124-015-0050
BVM PARCEL
Lot 3, Block 1, BELLAIRE, according to the Plat thereof, as recorded in Plat Book 6, Page 24, of the Public
Records of Miami -Dade County, Florida.
Also known as: 183 NE 50th Street, Miami, FL
Parcel Identification No.: 01-3124-015-0030
Submitted ;i-tto the pu is
record ipr items
on
EXHIBIT'B"
SHORT-TERM RENTAL EXISTING STRUCTURES
City Clerk
• 169 NE 50th Street, Miami, FL (Folio No. 01-3124-015-0050
Description of Existing Improvements: 2-story structure containing 4 units (comprised of 6BD /
5BA) totaling 3,085 sq. ft. of adjusted area.
177 NE 50th Street, Miami, FL (Folio No. 01-3125-015-0040)
Description of Existing Improvements: 3-story structure containing 23 units (comprised of 23 BD
/ 23 BA) totaling 12,432 sq. ft. of adjusted area.
183 NE 50th Street, Miami, FL (Folio No. 01-3125-015-0030)
Description of Existing Improvements: 1-story structure containing 1 unit (comprised of 2 BD / 1
BA) totaling 1,065 sq. ft. of adjusted area.
• 5010 NE 2nd Avenue, Miami, FL (Folio No. 01-3124-015-0020)
Description of Existing Improvements: 2-story structure containing 6 units totaling 4,864 sq. ft. of
adjusted area.