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Submittal-Mariela Lopez De Alber-Information Packet
Who Benefits when the City of Miami Conveys Public Assets? 1. Overview 2. Exhibit A — Developer's aerial rendering of MiMo Bay project 3. Exhibit B — Developer's Town Hall flyer 4. Exhibit C — Topographic survey showing surface area of NE 64 Terrace (13,791 sq.ft.) 6. Exhibit E — 2017) 7. Exhibit 8. Exhibit G 9. Exhibit H 28, 2026 il�i�' "lam•. Wini (iwns Ni. 64 ien-ace. Screenshot "Demolition Begins at Legion West Site" (May 12, Miami 21 —Article 5.6.1.i — Crosswalk requirements — Declaration of Restrictive Covenants ("SUBSTITUTION") — Developer's Powerpoint presentation — D5 Town Hall, January Sutrnlittari into the ptn iic recor�.i fQr it, m(s) Q"L on City Clerk Prepared by Friends of Legion Park February 18, 2026 IB3Dq Su ti - 4\'��=T /V14 Q--, pAJJJ Who Benefits When the City of Miami Conveys Public Assets? By Deborah Stander Sv,Eniiitiod into the pttlelic record f r itgat(s) ?L. 1 an !_. City Clerk As the City of Miami Commission considers final approvals for the proposed Adela II/MiMo Bay development adjacent to Legion Park on the Upper Eastside, a broader, citywide question arises: Is Miami consistently securing fair and proportional value when granting zoning exceptions and conveying public assets? This question stems from the upzoning, waivers, warrants, and exceptions that are making the Adela II/MiMo Bay project possible. Located at 6443 Biscayne Boulevard, surrounded by Upper Eastside historic districts, the project will be the largest mixed -use development on Biscayne Boulevard between NE 36th Street and NE 79th Street. Upzoning approved in late 2024 by the City Commission, without public discussion of proffered public benefits, against the Planning Department's recommendation and despite overwhelming community opposition, enabled an unprecedented increase in building density and commercial cnrroachnlent into TTriv nriphborhond` Among other still pending approvals, the project seeks to vacate a public street that provides access to historic Legion Park and the Upper Eastside Community Center. Given that the proposed building will rise up to six stories, vacating the street would convert 13,791 square feet of public right-of-way into a continuous multi -story building footprint that is three and a half times larger than would have been allowed under Miami 21 without an exception, vastly amplifying the project's development potential and overall value. In exchange, the developer is offering $1 million in cash contributions to the District 5 office, up to three hours of free parking in certain garage spaces, and 20 Affordable Housing units within a 337-unit building. This package was enhanced only after sustained neighborhood concern and public comment; the original offer approved by the City Commission without discussion included a $500,000 cash contribution to the District 5 Office and paid public parking with revenues retained by the developer. Civic engagement is essential, but public assets should be carefully valued from the outset — not recalibrated only after controversy arises. The Affordable Housing component warrants additional scrutiny. In 2017, shortly after acquiring the property, the developer demolished 17 modest 1940s and 1950s multifamily and duplex buildings that had long provided workforce housing in the neighborhood. While precise unit counts vary, those properties appear to have contained more than 60 naturally affordable units. Replacing a substantially larger number of workforce units with 20 designated affordable units raises a straightforward question: what, then, is the net public housing benefit? Other elements described as "public benefits" appear to reflect standard code requirements or features that primarily serve the project itself. A cross -block pedestrian passage, for example, is required because the building frontage exceeds 340 feet. Compliance with existing code provisions is not compensation for additional development rights. Similarly, a landscaped walkway along the park edge — built on private property and separated by fencing — may be publicly accessible, but it also improves access to the ground -floor commercial spaces. The structured parking described as public parking would likewise serve the commercial uses, particularly given the lack of on -street parking along that stretch of Biscayne Boulevard. Discretionary approvals or street vacations create substantial economic value for the developer. This is not an argument against development. Miami needs housing and investment. But it also needs transparent governance and negotiations that ensure the public receives value that is clear, measurable, and proportional to what is being granted. The recent Watson Island debate showed that Miami residents care deeply about fiscal stewardship. That same standard should apply consistently, whether a project sits on public waterfront land or beside a historic neighborhood park and community center. Before final approvals are granted for Adela II, the Commission should ensure that the valuation of the street vacation, the upzoning, and related concessions is clear and aligned with the long- term public in1erPf1. Public riff {in lr O11cC COI1 CVed, 1hcv l his is not about whether development should proceed it is about whether Miami is negotiating in a way that fully protects its taxpayers and neighborhoods. That is a citywide governance issue worthy of careful consideration. SvIniittG i into the record f for it1 ' s) , oa City Clerk ..,._"ram.., 5>Imltta3 into the image record f r itein(s) y Z; 1 • oa ZlLt 1? . City Clerk M�Mo Bay Apartments Community Uenehts & Sato- Streets Community Benefits BENEFITS IN RECORDED COVENANT ❖ 76 new public pelting spaces Located on a secure garage with direct access to Legion Park. Free on Saturdays during the Farmer's Market & during major events. S500,000 invested back into District 5 Payable to District 5 Office prior to issuance of building permit. ❖ 20 income -restricted homes 16 units to he set et or below 80% of AM1 s• Direct Connection to Biscayne bled, The project design retains the existing NE 64 Terrace curb cuts to alleviate traffic accessing NE 64 Street. The design reconfigures the NE 64 Terrace intersection as a two-way driveway, providing an additional outlet for drivers heading north on Biscayne Boulevard, while maintaining neighborhood access to public parking serving Legion Park and nearby businesses. Design Restrictions Density Restriction No Bonus FLR (Sq Ft1Voksme) Height Max Lot Coverage T5-O Zoning Not using the Live Local Act Tree preservation requirements Time Limitation: submit plans and apply for a master building permit within 3 years. 337 units 337 units Max FLR: 707,600 SF (Without Bonuses) Max Height: 75' FLR: 533,231 SF (25% reduction) Height: 72'- 4" (Adele 71'6) 80% - 90% 74% • • 0 0 0 ADDITIONAL PUBLIC BENEFITS ie 77 additional public parking spaces 68 spaces to be located at Adele I, and 9 new on street spaces along NE 7th Ave. ❖ S4M+ in I pact fees to the City and County including $1.3M+for parks and $1.5M+for traffic impact mitigations. ❖ New public pedestrian promenade to Legion Park The project includes two publicly accessible pedestrian promenades: one running east -west along the southern edge of Legion Park, and a second runnino north -south that directly connects NE both St eet to the mus..1 nest promenades are designed to improving access and walkability for the neighborhood. Safety and infrastructure upgrades New street lighting, sidewalks/pavement, and off - site stormwater improvements on NE 7th, NE 64th, and Biscayne Blvd. Along with a widening and dedication of NE 64th Street. Pedestrian Public Paseo .Ciiibrattt r into l e record f r it -n(s) I _ b_• Z.1 City Clerk BOUNDARY AND TOPOGRAPHIC SUR`' TENTATIVE PLAT rill( awnawnwDAAI YOPAM vw . t,..sr . �s•r. R sr• y w..o v ISYBOot (NSICTI Y' 1 . rut BoA - rAct 1 or d at° W t .... PLATBi"B°oa'I-r a1 fYBDM9011 'C .ti aw�e CULT KOK A - rat 1 k.,.........„_._o �e�.w R•n �3nM. SYBOMSYXI 'L'' 't. '."��. nit Boat e •• talc TRAct -A. It•..i 11 N. .ar 20.387 SOUARC FEET . w �arlat A tO 6 ACREStit 1-0 LOT 4 t. e 1 1 3i i LOT 5 ....� .40 • TRACT,' 15.363 SOUARE FELT f 30.35 ACRES i T6-8-O -' mom r max mot B I ra41 ❑ LOT 7 ,NLOT 2 rAt l' •.' .\ ash . • , f.� 1 NU T L ADta1T SUBBaABw luTsock =e-rut 17 IS IkeAMP a la meow TT} •Auk •S MIT S I LOT 3 612 0.1111 WO Mfg SLBPmi C• Mr B00c A - PACC 1 r LOT 2 \1 ��'°�Y1 P,• 4 ARu a rcr SUEONIS9C•A MAT 17701c 7 roc( 11 -Or ,...rVW.,r. LOT 1 •` ARtrICt01I 411 @iAM SAKI hat KO( 7 PACE 11 1 10. - r TRACT-E.' lotw 36.386 SOUPtSE:FEET taw AGF:CS TS-R ale'°,mow •c• .`' nas r A - mitt 1.e Ic•w •r(....tit TRAC- 'B' 37.081 5C+'^'tE FEE 20.85:,'"ES t'--^ l4 04. LOT 0 MOM) rLAr MOM MAT ,00( 311 rttc $3 rRA T •C ,78 SC{IARE FEET -1.612i ACRES LOT E 15r° LOT r ,� .nca+�.ti�..•' 1 e� Q ♦ T�7Y ,11 SuL ittod intorthe 1;41 l� BANYAN Bar ArARiwtNTS (• f AA/amBAY MMILEML Mat.oO�s:'- tau aS►Ori recOr�d ��� u� . City ClOrk mutt B00M "- rAa a6 ARK Sir A* ROM .O.OT alltAPNIC SCALE .� r p • •� 101011 � LODO1 WXCIi l i I. R r m,ea- ...�. s S ( LOT B • b 6 LOT A "Anp Ww1� w MS T. i13.7111 {q R d e•. Leo LOT H u ALL ELEVATIONS ARE REFERENCED TO CITY OF MIAMI VERTICAL DATUM MiMo Bay is asking to vacate NE 64th Terrace. The surface area of the street is 13,791 sq. ft. Multiplying by six (the number of stories to be built) results in an additional 82,746 sq. ft. of buildable area for the developer if the street is vacated. The developer's claim to the street is as follows: The Law of Road Dedications "Common law dedication leaves ownership of the land in the dedicator, giving to the public rights of easement only." Bonifay v. Dickson, 459 So. 2d 1089, 1095 (Fla. 1 S` DCA 1984) 11' tPi1( ; (4±(il it 11i(1. developments being constructed. 10/1 Both plats provide for common law dedications for public use that reserve the underlying ownership interest to the developer (and its successors) whenever the use of the road is discontinued by law. HOWEVER; that is not the wlio le story. 1. The quoted legal principle is real — but it's only step one This part is accurate as far as it goes: "Common law dedication leaves ownership of the land in the dedicator, giving to the public rights of easement only." Bonifay v. Dickson (1984) Under Florida law, a common-law dedication generally means: • The fee title (bare ownership) stays with the dedicator or successors, but • The public acquires a perpetual easement for street purposes. So yes — the street is not "owned" by the City in fee simple in the same way a park or city hall might be. But this is where the developer's framing starts to slide. Sti-, -.tt.cd into the p3ali record for itp s) Z. 1 On City Clerk Sul -An ttteci into the pub record f�r it- 's) 2. Calling it "not a public street" is misleading A public street does not require public fee ownership. A street can be: • A public street • Open to the public • Maintained or regulated by the City • Shown on plats, maps, and zoning documents • Protected by law Even if the City only holds an easement interest. City Clerk Courts routinely refer to streets created by common-law dedication as public streets. The public character comes from the right of use, not who holds the dirt underneath. So when listeners walk away thinking: "The developer owns the street, therefore it's not really public" That's a false leap, even if the underlying fee technically reverted or was reserved. 3. Ownership of the "underlying fee' power to build over the street This is the biggest problem with the argument. Even if: • The developer owns the underlying fee today, and • The dedication includes reversion language, They still cannot lawfully obstruct, build over, or eliminate the street unless the public easement is formally extinguished. That requires: • A vacation or abandonment by the City • Following statutory procedures • Making specific public -interest findings Until that happens: • The public easement is dominant • The private ownership interest is subordinate • The street must remain open and unobstructed SuCn.itt.ci i tito the pteal'e recosiord1t�is) City Meek So the notion that the developer "owns it already" in any practical sense is wrong. 4. The City's interest is not trivial or ceremonial The developer's presentation downplays the City's role, but in reality the City holds something • A public easement held in trust • Police power authority over streets • The obligation to protect public access. connectivity, safety, and welfare Florida courts are very clear that: • Municipalities do riot vacate streets lightly • Streets are held in trust for the public E The public interest must outweigh the loss of the street The City cannot just say: "Well, you own the dirt, go ahead" Even if it wanted to. 5. Reversion language does not mean automatic forfeiture The developer's phrasing suggests: "Whenever the use of the road is discontinued by law, ownership reverts — therefore the public interest is minimal." That's backwards. Key point: • The reversion happens after lawful discontinuance • Not before And not automatically The City must first: 1. Decide that discontinuance is appropriate 2. Follow legal process 3. Make findings that vacation serves the public interest Only then does the reversion language have any effect. Si.� ritto�i into the pelf record r it :7 s) V7 1 on Z, City Clerk So citing reversion language as though it weakens public rights puts the cart before the horse. Ll1J111 ( U (1! iilt Another subtle rhetorical trick here is treating: • "Public street" E "Public right-of-way" "Public easement" as if they are meaningfully different in terms of public standing. They aren't — at least not in the way the developer implies. A public easement is still a. public asset: The public has standing • Adjacent residents have standing • The City has fiduciary -like obligations • Vacation is discretionary, not automatic So when the developer frames objections as somehow illegitimate because "it's not really a public street," that's spin, not law. 7. What's conspicuously missing from the developer's argument Notice what they didn't address: Sttrafttiid into the p3,'a1i record f r itein(s) VZ. on j,/7 61Z6 City Clerk • Whether the street provides connectivity • Whether it has historic or neighborhood significance • Whether vacation would impair traffic circulation • Whether alternatives exist • Whether the public ever relinquished its rights • Whether prior City actions recognized it as a public street Those omissions matter — because those are exactly the factors a City must consider. 8. The honest way to frame this (which they didn't do) A fair statement would have been something like: Tf' 64 rr c d is l n��� ��. 41� il.,l;i 1- 1r S ccNt �. � P �?'c`'.° CT'P2tP .\' C(11��3�', C`,11',�\,' C1P iC1I"l. Ill � �i 1'�l�E �,, „ii:i : n iY,t=3"i` ct-1 i hG C1; A tiopP1 O\Vfl U unocli) ink.'CL, out e ii1 Ui Otlilo o ti e siieei unless the City lawfully vacates the public right-of-way after determining that doing so serves the public interest." That version doesn't sound nearly as inevitable or dismissive of public concern — which is probably why it wasn't used. Bottom line You're right to be skeptical. • The developer's legal citation is technically accurate • The conclusion they're encouraging people to draw is not • This is not a semantic quibble — it's a substantive public -trust issue • The public absolutely has a legitimate basis to object • The City has real legal authority and responsibility here X I "` (2 unread) - debsterdereaet.corr X Demolition Begins At Legion We- X ' Restr1ctive Covenant Adele R t?) I. X photography,ccm'blegt201'1511:.Jdemoftior•begirs•at•'egicn•v c:t ;ite Demolition Begins At Legion West Site • Logien Wort Site OSMO 4C-1 PJ LI-iln�,i� Y. v Cl ' S.Ir • :tit`:'iext `)emoiitior; rhos i1e7:tri on 17 abarl(r' i• i_Fgrort :Vest :it.? cn lne Upper Fact 5>;i;raittr d into the ptet record • (( CityClerk louses anti row rise apartments At the 'Pricing Ms been put up around the ,oases - 'tto.`e Cr nslitr;ti0n crews NA"- ".ileo work 01 the tear down: Sapts'-'0 `" ' 1'a, trio !lOticilS WI" "i 1' �srlr.�•l - "1 e'tr blActing hcing errrlry for rlcrlrh5, T he g 45 isr;- =son -oras purcha.Pil r ,• 2015 tr) Fatlrior.y ; ,"6 for 510 9 rr agion 1•VVs,t, ' cer 2Otr . talc, r b1:Ndicie a r ti icons t:il! 11)arlmerit cAiIF and a new 15. tot%() SOlrr?r+i' loot Ain-r i •r ?v oL15 Ant,,rv:;es. 1.2taicn F3trllllriC; e in•,rebinlr?r,i r. !eat• riot tote k)0c7 1107i: !. On the t_e'l•nr1 West s:1P (,ionat City irt<:an horn W-• iit> ?r i lc:it.;c1 two reif nl by lb t-1.c11 t lie Wens for ! is possibility ee lb ttor•es ntent/v1/531a5Oe7e4b02c4ce25dc099/149452O536129-FMXHDADPTUXJRPL4MFU3/Legron+West+Moami-1)pg :'act anr. Po rry.=K1 t:n. During this time the 'ne process ct bring rlanicllisnact aftot rya) City Dovetnpment starting') in December plans to build a luxury condo called !ni Deveropment ttaviaw Hnarr1 Approved rion East tiwitn 231 units, 4317 pawing spaces i eg►on Building an the site of wha. ra. the rr1 down at 6445 NE lib Ave Globar City ,•r:.arr Legions for 15 years, • ' prnent is looking to obtain a special area Legion Memorial Park and increase the • West have been revealed. but there is the Neigh{ of'76 feet with 4/6 resirderitial units. Golden Photograpl Bog focusing on pri and construction d4Wv Miami and Miami Search 1 Latest P Aston Martin Res1c Reaches :3rd Flo( Construction s •r`r.ArS AG4 77 F Mostly sui MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES 5.6 URBAN CORE TRANSECT ZONES (T6) 5.6.1 Building Disposition (T6) Stitr2ttQd iri!to the pts110 rccor. or i.`,,,n(s) Y Z_ o,t City Cleric a. Newly platted Lots shall be dimensioned according to Illustration 5.6. b. Lot coverage by any Building shall not exceed that shown in Illustration 5.6. c. Buildings shall be disposed in relation to the boundaries of their Lots according to Illustration 5.6. d. Buildings shall have their principal pedestrian entrances on a Frontage Line or from a courtyard at the Second Layer. e. For the minimum Height, Facades shall be built parallel to the Principal Frontage Line along minimm of seventy, percent (70%) of its lenafh on the Sethack f ine s< shown in Iffusfra.fior LULL! Lt. 11it. (, c.ii,LC Lilt; :Ci!c.L c 6Et (:i e't:i!E be built co -planar with the Facade to shield parking and service areas. In the case of two (2) or three (3) Principal Frontages meeting at Thoroughfare intersections, the Building corner may recede from the designated Setback up to twenty percent (20%) of the Lot length. f. At the first Story, Facades along a Frontage Line shall have frequent doors and windows; pedes- trian entrances shall occur at a maximum spacing of seventy five (75) feet and vehicular entries shall occur- at a minimum spacing of sixty (60) feet unless approved by Waiver. g. Setbacks for Buildings shall be as shown in Illustration 5.6. Where the property to be developed abuts a Structure other than a Sign, a Waiver may be granted so the proposed Structure matches the ground level dominant setback of the block and its context. Frontage Setbacks above the eighth floor for Lots having one (1) dimension measuring one hundred (100) feet or less may be a minimum of zero (0) feet by Waiver. For T6-24, T6-36, T6-48, T6-60 and T6-80, the Frontage Setbacks above the eighth floor shall not be required for a Frontage facing a Civic Space or a Right -of -Way seventy (70) feet or greater in width. At property lines Abutting a lower Transect Zone the Setbacks shall reflect the transition as shown in Illustration 5.6. h. Above the eighth floor, minimum building spacing is sixty (60) feet, except that where the Build- ing abuts T5, the sixty (60) feet required spacing shall be above the fifth floor. For T6-24, T6-36, T6-48, T6-60 and T6-80 Lots having one dimension one hundred (100) feet or less, side and rear Setbacks above the eighth floor may be reduced to a minimum of twenty (20) feet by Waiver. For T6-36, T6-48, T6-60 and T6-80 above the eighth floor in the Second Layer, at a setback of ten (10) feet, an additional two stories of habitable space may extend a maximum sixty percent (60%) of the length of the street Frontages. For T6-24, T6-36, T6-48, T6-60 and T6-80 above the eighth floor an additional six feet of non -habitable space may be allowed without additional setback to accommodate depth of swimming pools, landscaping, transfer beams, and other structural and mechanical systems. i. For sites with three hundred and forty (340) feet Frontage length or more, a cross -Block passage shall be provided as follows: If the Frontage Line of a site is at any point more than three hundred and forty (340) feet from a Thoroughfare intersection, the Building shall provide a cross -Block Pedestrian Passage. If the Frontage Line of a site is at any point six hundred and fifty (650) feet V.24 PkO uE4 �, 1 s vat rter MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 5. SPECIFIC TO ZONES J• from a Thoroughfare intersection, a vehicular cross -Block passage shall be provided. Such a cross -Block Passage may be covered above the first floor by a maximum of twenty-five percent (25%) of its length with Structures connecting Buildings, such as a terrace, pedestrian bridge or vehicular bridge. In T6-36, T6-48, T6-60 and T6-80 a Pedestrian Passage may be roofed and shall be Tined with frequent doors and windows. Maximum Lot size as shown in Illustration 5.6 may be increased by Exception for Uses that serve the Neighborhood. 5.6.2 Building Configuration (T6) a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and Illustration 5.6. h. Above the eighth floor. the Building Fioormlate dimensions shall be limited as follows: 1. 15,000 square feet maximum for Residential Uses in 16-8, i 6-12 and 16-24 2. 18,000 square feet maximum for Residential Uses in T6-36, T6-48, T6-60 and T6-80 3. 30,000 square feet maximum for Commercial Uses and for parking 4. 180 feet maximum length for Residential Uses 5. 215 feet maximum length for Commercial Uses c. Encroachments shall be as follows: At the First Layer, cantilevered Awnings and entry canopies may encroach up to one hundred percent (100%) of the depth of the Setback, except as may be further allowed by Chapter 54 of the City Code. Above the first Story, cantilevered balconies, bay windows, roofs, or Facade components promoting energy efficency, such as shading and Screening devices, that are non -accessible may encroach up to three (3) feet of the depth of the Setback. Other cantilevered portions of the Building shall maintain the required Setback. Above the eighth Story when additional setbacks are required as detailed in Illustration 5.6, Facade components promoting energy efficiency such as shading and Screening devices, that are non - accessible or balconies may encroach a maximum of three (3) feet. d. Galleries and Arcades shall be minimum fifteen (15) feet deep, shall encroach one hundred percent (100%) of the depth of the Setback and shall overlap the whole width of the Sidewalk to within two (2) feet of the curb. Permitted by process of a Special Area Plan. e. All outdoor storage, electrical, plumbing, mechanical, and communications equipment and ap- purtenant enclosures shall be located within the Second or Third Layer and concealed from view from any Frontage or Sidewalk by Liner Buildings, walls, Streetscreens, or opaque gates. These shall not be allowed as Encroachments. f. Loading and service entries shall be within the Third Layer and shall be accessed from Alleys when available, and otherwise from the Secondary Frontage. Wading spaces and service areas shall be internal to.the building. Where Lots have only Principal Frontages, vehicular entries, Loading Docks and service areas shall be permitted on Principal Frontages by Waiver. 9. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be al- located as required in Illustration 5.6. First -floor elevation shall be at average Sidewalk grade. A 6utm ttx into ille ptaa1 c record �`'�r V.25�) ,' 0r1 Z 11, 6 T l ra . City Clerk fgoarrAdrE. ks WA ss ' (Ea Ist voitt NOTICE ----- /2.23144( SKETCH AND LEGAL DESCRIPTION LEGION WEST • ROBAYNA AND ASSOCIATES INC. ENGINEERS -PLANNERS -SURVEYORS AA, CFN: 20250160957 BOOK 34641 PA 1,4,1Cli ) (AM.. !NG oh, r NE 64TH STREET MATCH LINE SEE PAGE 4 AND I 0: N Vf,11 IR! (NI SHEET 4 OF S GRAPHIC :",CA1.1'. MI 1.1 1.11 Invh 40f: JOB No. 220004 DATE: 10-23-24 SKETCH TO ACCOMPANY LEGAL DESCRIPTIO LEGION WE SECTION 18. TOWNSHIP 53S, RANGE 4 SHEET 4 I WITHOUT SHEET SE 407 Attachment: 18535 - App!ication & Supporting Documents (18535 : Exr "ion - 6443 Biscayne Blvd) Packet Pg. 1281 P2.24.13311 .4.9025 I~ U O SKETCH AND LEGAL DESCRIPTION LEGION WEST MATCH LINE SEE PAGE 3 NE 64TH STREET ROBAYNA AND ASSOCIATES INC. ENGINEERS - PLANNERS -SURVEYORS u_:Yr4 t1L5i E2 •e•.•t LC-rnu arora ss m, .a •.4.4 CFN 20250160957 BOOK 34641 PA A. NE 64TH TERRACE ',' (ARL►NGTON PLACE) NE 7TH AVE "IJ E SHEET 5 Of 5 JOB No. 220004 DATE: 10-23-24 SKETCH TO ACCOMPANY LEGAL OESCRIPTI i_ECION WE SECTION 18. TOWNSHIP 53S, RANGE 4 3E 407 n - 6443 Biscayne Blvd) Attachment: 18535 - Application & Supporting Documents (18535 : E-- - SHEET 5 IS] packet Pg. 1282 WITHOUT SHEETL_ vza.-te:3r 30,2925 THIS DOCUMENT IS ORIGINAL BACKUP ORIGINAL CAN BE SE - - IS DOCUMENT. Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Planning Department, Attn: Planning Director 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130-1910 Folio No(s): 01-3218-006-0040 01-3218-006-0030 n 1-321 t-nfF,-nn?n 01-3218-002-00E1 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01_321g_00r,_064o 01-3218-002-0030 01-3218-002-0040 01-3218-006-0050 01-3218-002-0070 01-3218-002-0020 (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 20 , by bfimo Bay Apartments 11, LLC, a Delaware Limited Liability Company having offices at 670 Dekalb Avenue, Suite 100, Atlanta Georgia, 30312 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). W1TNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, located north of NE 64 Street, east of Biscayne Boulevard, south of Legion Park, and west of NE 7 Avenue, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Owner applied to amend a portion of the Property's Future Land Use Map ("FLUM") designation under the City's Miami Comprehensive Neighborhoods Plan ("MCNP") legally described in Exhibit "B" from "Restricted Commercial" and "Medium Density Multi -Family Residential" to "Restricted Commercial" (the "Proposed FLUM Amendment"); and WHEREAS, the Owner concurrently applied to rezone the portion of the Property described in Exhibit "B" from the T6-8-0 and T5-R Transect Zones to the T6-8-L Transect Zone (the "Proposed Rezoning"), while the remainder of the Property will remain within the T6- 8-0 Transect Zone; and 1 16650 Exhibit B-SUB Su mittad irito the record Sjcr iit.-,ris) O21 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Sa ;? ttpcl l‘to the giealic r cordoyi City Clerk Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006.0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 Ui15-00; 006, 01-3218-002-0070 WHEREAS, the City is the owner of the property known as Legion Park located at 6447 NE 7 Avenue and identified by Miami -Dade County Folio No. 01-3218-000-0030 ("Legion Park"); and WHEREAS. the Owner seeks to redevelop the Property with mixed -income residences, among other uses, which will provide diverse housing options, including Affordable/Workforce Housing; and WHEREAS, the Owner seeks to make certain contributions for upgrades to Legion Park and the surrounding neighborhood; and WHEREAS, the Owner intends to limit the total density and intensity permitted to be developed on the Property to ensure compatibility with Legion Park and the surrounding neighborhood; and {WHEREAS, the Proposed PLUM Amendment was approved pursuant to Ordinance No. ; and WHEREAS, the Proposed Rezoning was approved pursuant to Ordinance No. ; and WHEREAS, in the event that the City adopts the proposed legislation under File Number 16917 allowing for the Proposed Plans, Mixed -Income Housing and Public Benefits as described herein to be achieved, and the City proposes to rezone the Property to the amended T5-O, the Owner will acquiesce to the City's proposed rezoning of the Property to T5-O, and THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Ststrm ttati i,to the pei ljc record l'or iti r s) V7.,1 oil i_ri t tin City Clerk Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-321F-002-0040 0.1 2I i:-oo -ouu1. 01-3218-002-0070 WHEREAS, the Owner desires to make a voluntary binding commitment to ensure that the Property is developed in accordance with the provisions of this Declaration. 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 Properly, and its heirs, grantees, successors, and assigns as follows: I. 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. Density Restriction: The total number of units that may be developed on the Property is 337 units. 3. Mixed -Income Housing: A minimum of twenty (20) units shall serve multiple income ranges between eighty percent (80%) of the Area Median Income ("AMP'), or below, and one -hundred twenty percent (120%) of the Area Median Income, as published by the United States Department of Housing and Urban Development and certified by the Department of Community and Economic Development. Of the twenty (20) units, a minimum of sixteen (16) units shall be reserved for households whose annual income is at or below eighty percent (80%) AMI. Prior to building permit for development of the Property, the Owner shall provide a covenant in a form acceptable to the City Attorney for the provision of the Mixed -Income housing identified in this Section. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002.0080 01-3218-002-0110 01-3218-002.0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0070 4. DesiEn Limitations: The Property shall be developed substantially in compliance with plans, including, specifically, conceptual plans prepared by Corwil Architects, dated May 26, 2023 attached hereto as Exhibit C, except that said plans shall be revised to further distinguish the transition between the portion of the property located within the MiMo/Biscayne Boulevard Historic District from the remainder of the proposed building. The foregoing plans shall be collectively referred to in this Agreement as the "Project Plans". "Substantially in compliance," for purposes of this Agreement. shall be determined by the City Planning and Zoning Director, or designee. The maximum height of any development of the Property shall be limited to seventy-five feet (75'). The maximum intensity of any development of the Property shall not exceed a Floor Lot Ratio (FLR) of 707,600 square feet. Development of the Property shall not be eligible for any bonus height or FLR available under Miami 2l . Notwithstanding the foregoing, changes to the Project Plans necessary to obtain approvals from land development review boards or Commissions, including but not limited to, the Historic and Environmental Preservation Board (the "HEPB"), the Planning and Zoning Appeals Board (the "PZAB"), the City Commission, shall be deemed to be substantially in compliance with the Project Plans so long as the overall height, density, and FLR do not exceed the limits set forth herein. Notwithstanding the foregoing, any portion of the Property within the MiMo Biscayne Boulevard Historic District shall abide by the applicable regulations, including limits on height. 5. Public Benefits. The Owner shall provide the following Public Benefits to the City: St:E1:?lta7 into the l tdalic record f''r it m(s) I Z ,' oil Z 11 61Z6 . City Clerk a. Public Benefit Contribution. The Owner agrees that prior to issuance of a building permit for development of the Property, the Owner shall contribute five -hundred thousand dollars ($500,000.00), payable to the District 5 Office, for the exclusive and restricted use towards beautification, analysis, design and/or construction of project(s) in the Palm Grove, MiMo, and Bayside Historic Districts THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Si;baitt4c1 Ito the p record far it-., s) onL1/t u Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 -rr 01-3218-002-0070 b. Public Parking. Subject to the City's final non -appealable approval of a Warrant to permit Public Parking within a development on the Property, as well as a Waiver for reduction of minimum off-street parking standards, the Owner shall make fifty (50) parking spaces, or such other number that may be approved and permitted in accordance with the City's Miami 21 Zoning Code and Florida Building Code, within the ground floor of the development available for use by the general public between the hours of 8:00 AM and 12:00 AM, except that the Owner, its successors and assigns shall retain the exclusive right to use five (5) ground flour parking spaces for budding operations purposes during the hours that the ground floor parking within the development is open to the general public. The Owner shall be entitled to levy a reasonable hourly fee for use of the parking spaces by the general public that shall not exceed the rate charged by the Miami Parking Authority for on -street parking spaces located on NE 64 Street adjacent to the Property. Notwithstanding the foregoing, the parking spaces available for use by the general public within the Property shall be available free of charge on Saturdays from 8:00 AM to 4:00 PM. 6. Live Local Act. The Owner shall not develop the Property pursuant to the provisions of Section 166.04151, Fla. Stat. (2024) as same may be amended from time to time. 7. free Preservation. To the greatest extent practicable, existing tree resources located on the Property shall be preserved, relocated, or replaced on -site. 8. Time Limit/Development Restriction. The Owner shall submit plans and apply for a master building permit for development of the Property in accordance with the Project Plans within three (3) years of the date the Proposed Rezoning and Proposed FLUM Amendment are effective and non -appealable, except that the time to submit plans and apply for a master building permit for development of the Property in accordance with the Project Plans shall be THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0070 tolled during any appeal or other challenge to any land development review board approval or permit required to develop the Property in accordance with the Project Plans. Following submission of a master building permit application and plans, the Ott nei shall obtain a master rift !!;: �F.i.....,, ui ,d,l �. , 1�iiccliuti «nc at.. _libe Owner may make up to three (3) requests for six (6) month extensions in writing to the Zoning Administrator provided good cause is shown for the extension and the applicant is proceeding in good faith to obtain a master building permit to develop the Property in accordance with the Project Plans, as determined by the Zoning Administrator. If a master building permit to develop the Property in accordance with the Project Plans is not obtained within the timeframe specified by this section, the Owner voluntarily covenants and agrees, notwithstanding any other provision of the Declaration, that the portion of the Property subject to the Proposed Rezoning and Proposed PLUM Amendment shall thereafter be developed in accordance with the regulations applicable to the T5-R Zoning Transect. 0.21Iodific '1f U iiont.ua:it,p. Futlov-•in ads �l1o1j i ihe�.ratnescd Icoislatiun ;tnuet File Number 16917 (the "'15-0 Amendment'). the Owner shall submit the Project Plon:; to t!,� 6ii�' Pl:;.,.ui; =a;�1 Zcn�r D;T_ar!n�nt_, ii❑ _ic+. �' r t Pr c_ct_!'t_ c��:,4inii_ itc=r� ih:a h = c�i t�>= noIunite of ti, Public Port ir,e ru,,ntircd b; 11)i: Dcclanetion. n;0n. tre t,chiry ed u, ,11,on1danec vV ith the "15-0 Amendment. Lpon ttritten conlinnalion by the Cites Planning Director and ?Amine Administrator. or designees. that the Project Plans and Public Parkino may he achieved in accordance tvith the T5-0 Amendment. the Owner shall not thereafter object. asset tested riehts. or ciaini a regulatory taking. and will support the Citt's application to rezone all or part of the Property to T5-O, so long as the T5-0 Amendment remains effective. If the Planning Director or Zoning Administrator determine that the Project Plans and Public Parking cannot be achieved in accordance with the T5-0 Amendment, the Owner shall be entitled to object, assets vested rights. or claim a reeuiatoty taking, to any application proposing to rezone all or part of S6Lnifttiti into the pY, ic record f r on City Cleric • Formatted: Font: Bold, Underline Formatted: No underline THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-K lb-002-0160 01-3218-002-0070 the Property to a Transect Zone other than T6-8 filed prior to issuance of a master buildine permit for development of the Property in accordance with the Project Plans., 1Effective 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. 110. Term of Covenant. This voluntary covenant on the part of the Owner shall constitute a covenant running with the land and 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. 12-1. 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. StiEmitt4c1 into tile, p"'t'°'l'F recoPd irtr City Clerk r— — - I Formatted: Underline THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Samfttau into the ptIVe record 1-1. 0:1 r. uLL Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0070 132. Cumulative. All rights, remedies, and privileges gained herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 1 Amendment, Modification, Release. This instrument may be modified, amended. or released as to any portion or all of the Property only afier 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. Mail notice of the public hearing to modify, amend, or release this instrument shall be sent to all property owners and registered neighborhood/homeowner's associations within 300 feet of the Property. 15 1. 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. 1(,5. Recording. 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. 176. 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 City Cleric THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-00 0 0; _21 002-0060 01-3218-002-0070 Sti-inatt4ci into die iye4al'c record jj Z LIv �1c 7��) i oil �, C ty Clerk contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. 1_ No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors, or assigns. SIGNATURE PAGES TO FOLLOW THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Stib, ftt4d into the pi record 1-r it 21(s) arl Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01- ,21-U(rj_rin°r• O 1-3 218-002-007U IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of ,20 . Witnessed by: Mimo Bay Apartments 11, LLC Name: Address: Signature: Name: Address: Signature: By: Michael Van Der Poe). Managing Partner STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me, by means of physical presence OR online notarization, this day of , 20_ by of . He personally appeared before me, is personally known to me or produced as identification. 10 City Clerk THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0070 APPROVED AS TO CONTENTS: David Snow, AICP, LEED Planning Director Tamara A. Frost, AICP Zoning Director/Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: George Wysong, Esq. City Attorney Name: Notary Public, State of Florida Commission No. My commission expires: 11 SLErnfital into 4hc t record G1 City Clerk THIS DOCUMENT IS A SUBSTITUTION TO BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Si_ raity d into the pYr record r i l,`� s) } �,,—Ifllily Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-32I8-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0070 Exhibit "A" Sketch and Legal Description of the Property City aerk THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. St t r.2itti/C: into the p-F'" ke record r i h-rt(s) VZ, Q�1 ^ City Cierk Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 (.l 01-3218-002-0070 Exhibit'B" h:lcet. h and 1,ega1 Description of Rezonia;t THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT ENO OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0070 Exhibit "C" Cnuccpt flan S t, ;ttAtd into the pi:.11is rt cord -r i•i skis) Z,1 City Clerk SUBSTITUTED DRAFT 9-25-24 Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Planning Department, Attn: Planning Director 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130-1910 Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-002-0020 r+to the prcpal�c rtcor' fpri'i4:nfs) VZ,1 os� I City Clerk 01 .218-002-0030 -3218-002-0040 1-3218-002-0050 01-3218-002-0060 (Space Above for Recorder's Use Only) DECLARATION OF RESTPI TtVE COVENANTS THIS DECLARATION OF RESTRIC_ IVE COVENANTS (the "Declaration"), made this day of , 20_, Mimo Bay Apartments II, LLC, a Delaware Limited Liability Company having offic at 670 Dekalb Avenue, Suite 100, Atlanta Georgia, 30312 (the "Owner"), in favor of the C L of Miami, Florida, a municipality of the State of Florida (the "City"). VITNESSETH: WHEREAS, Owner h. is fee -simple title to certain property in the City of Miami, Florida, located north of NE Street, east of Biscayne Boulevard, south of Legion Park, and west of NE 7 Avenue, leg y described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS e Owner applied to amend a portion of the Property's Future Land Use Map ("FLUM") ' signation under the City's Miami Comprehensive Neighborhoods Plan ("MCNP") legdescribed in Exhibit "B" from "Restricted Commercial" and "Medium Density Mu1 ' amily Residential" to "Restricted Commercial" (the "Proposed FLUM Amendmen ' , and HEREAS, the Owner concurrently applied to rezone the portion of the Property descr .ed in Exhibit "B" from the T6-8-O and T5-R Transect Zones to the T6-8-L Transect A-1 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-321R-002-0070 St;i;raitt4d i.+to the pidAlic r: rord gcr iz';(s) p' Zone (the "Proposed Rezoning"), while the remainder of the 8-0 Transect Zone; and WHEREAS, the City is the owner of the grope NE 7 Avenue and identified by Miami -Dade Cot. Park"); and WHEREAS, the Owner seeks to rede clop the among other uses, which will provide dive housing Housing; and City Cieak operty will remain within the T6- y known as Legion Park located at 6447 Folio No. 01-3218-000-0030 ("Legion Property with mixed -income residences, options, including Affordable/Workforce WHEREAS, the Owner seek •- o make certain contributions for upgrades to Legion Park and the surrounding neighborhood- and WHEREAS, the Own . intends to limit the total density and intensity permitted to be developed on the Property to ensure compatibility with Legion Park and the surrounding neighborhood; and WHEREAS, e Proposed FLUM Amendment was approved pursuant to Ordinance No. ;a WHE ' ' AS, the Proposed Rezoning was approved pursuant to Ordinance No. , and REAS, the Owner desires to make a voluntary binding commitment to ensure that the Pr .erty is developed in accordance with the provisions of this Declaration. A-2 i SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 St:Lri.tt:d iNo the pif;:a;s record for iiM:rs) 1' City OM( NOW THEREFORE, the Ownet, for valuable consid-ation, the receipt and adequacy of which are hereby acknowledged, voluntarily covenants a subject to the following restrictions that are intended and running with the land and binding upon the Owner of t successors, and assigns as follows: agrees that the Property shall be all be deemed to be a covenant roperty, and its heirs, grantees, 1. Recitals. The recitals and findirir_s set forth in the preamble of this Declaration are hereby adopted by reference thereto an._ .ncorporated herein as if fully set forth in this Section. 2. Density Restriction: T total number of units that may be developed on the Property is 337 units. 3. Mixed -Income H income ranges between eighty and one -hundred twenty per States Department of Ho Community and Econo units shall be reserve AMI. Prior to bui covenant in a fo housing identif tinny: A minimum of twenty (20) units shall serve multiple dercent (80%) of the Area Median Income ("AMI"), or below, nt (120%) of the Area Median Income, as published by the United Ong and Urban Development and certified by the Department of c Development. Of the twenty (20) units, a minimum of sixteen (16) or households whose annual income is at or below eighty percent (80%) mg permit for development of the Property, the Owner shall provide a acceptable to the City Attorney for the provision of the Mixed -Income in this Section. 4. Design Limitations: The Property shall be developed substantially in compliance with p1 s, including, specifically, conceptual plans prepared , dated attached hereto as Exhibit , except that said plans shall be revised to further dist ' .uish the transition between the portion of the property located within the MiMo/Biscayne B . . evard Historic District from the remainder of the proposed building. The foregoing plans A-3 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 Satrxttici into the p-rr ,lc rccori ik::s)on - City Clerk shall be collectively referred to in this Agreement as th `"Project Hans "Substantially 111 compliance," for purposes of this Agreement, shall be etermined by the City Planning and Zoning Director, or designee. The maximum height of y development of the Property shall be limited to seventy-five feet (75'). The maximum in lsity of any development of the Property shall not exceed a Floor Lot Ratio (FLR) of 707,E J square feet. Development of the Property shall not be eligible for any bonus height or FLR vailable under Miami 21. Notwithstanding the foregoing, changes to the Project Plans neceary to obtain approvals from land development review boards or Commissions, including at not limited to, the Historic and Environmental Preservation Board (the "HEPB"), the PI ning and Zoning Appeals Board (the "PZAB"), the City Commission, shall be deemed to substantially in compliance with the Project Plans so long as the overall height, density, any, -'LR do not exceed the limits set forth herein. 5. Public Benefits. he Owner shall provide the following Public Benefits to the City: a. Le• `. Park Contribution. Prior to issuance of a building permit for development of the Pro; _ y, the Owner shall provide the City a one-time payment of two hundred thousand dolla ($200,000.00) for improvements to Legion Park. b. ' ublic Parkin. Subject to the City's final non -appealable approval of a Warrant to pe it Public Parking within a development on the Property, as well as a Waiver for reduction of • inimum off-street parking standards, the Owner shall make fifty (50) parking spaces, or su other number that may be approved and permitted in accordance with the City's Miami 21 fining Code and Florida Building Code, within the ground floor of the development available '•r use by the general public between the hours of 8:00 AM and 12:00 AM, except that the Ow -r, its successors and assigns shall retain the exclusive right to use five (5) ground floor park' spaces for building operations purposes during the hours that the ground floor parking wi m the development is open to the general public. The Owner shall be entitled to levy a sonable hourly fee for use of the parking spaces by the general public that shall not exceed the A-4 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-321S-002-0070 Ito the r,:cotd br City Clerk rate charged by the Miami Parking Authority for on -street parking spaces located NE G4 Street adjacent to the Property. Notwithstanding the fore:' sg, the parking spaces available for use by the general public within the Property shall be av able free of charge on Saturdays from 8:00 AM to 4:00 PM. 6. Live Local Act. The Owner s all not develop the Property pursuant to the provisions of Section 166.04151, Fla. Stat. (20 ,) as same may be amended from time to time. 7. Tree Preservation. To the greatest extent practicable, existing tree resources located on the Property shall be preserve , relocated, or replaced on -site. 8. Reversion to Prior ,:rning. The Owner shall obtain a master building permit for development of the Property in . :,ordance with the Project Plans within three (3) years of the date the Proposed Rezoning an Proposed FLUM Amendment are effective and non -appealable. The Owner may make up t+ two (2) requests for six (6) month extensions in writing to the Zoning Administrator pro 'led good cause is shown for the extension. One additional six (6) month extension may b ranted by the Zoning Administrator if the Owner possesses a master building permit procenumber and is proceeding in good faith to obtain a master building permit to develop th= •roperty in accordance with the Project Plans, as determined by the Zoning Administrator. I master building permit to develop the Property in accordance with the Project Plans ' • not obtained within the timeframe specified by this section, the Owner voluntarily c• enants and agrees, notwithstanding any other provision of the Declaration, that the portion the Property subject to the Proposed Rezoning and Proposed FLUM Amendment shall ther- . fter be developed in accordance with the regulations applicable to the T5-R Zoning Transe A-5 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 i'teo the p-41iF record f s) f b� Z city CJe:k 9. F.fiectiVC Date. his instrument shall consti to the Property and be binding upon Owner, its successo Public Records of Miami -Dade County, Florida. Thes and a limitation upon, all present and future owners o `ie a covenant running with the title and assigns upon recordation in the restrictions shall be for the benefit of, e Property and for the public welfare. 10. Term of Covenant. This volunfry covenant on the part of the Owner shall constitute a covenant running with the land remain in full force and effect and shall be binding upon the Owner, its successors in i ;;rest and assigns for an initial period of thirty (30) years from the date this instrument is reco . ed in the public records, and shall be automatically extended for periods of ten (10) year-, unless modified, amended or released prior to the expiration thereof. 11. Inspection and rorcement. It is understood and agreed that any official inspector of the City of Miami ay have the right at any time during normal working hours of the City of Miami's inspecto ,o enter upon the Property for the purpose of investigating the use of the Property, and for etermining whether the conditions of this Declaration and the requirements of the City' . building and zoning regulations are being complied with. An action to enforce the terms a conditions of this Declaration may be brought by the City and may be by action at law or equity against any party or person violating or attempting to violate any covenants of this i eclaration or provisions of the building and zoning regulations, either to restrain violatio►. or to recover damages. This enforcement provision shall be in addition to any other remedie vailable under the law. 1 Cumulative. All rights, remedies, and privileges gained herein shall be deemed to be c ulative and the exercise of any one or more shall neither be deemed to constitute an elect of remedies, nor shall it preclude the party exercising the same from exercising such of additional rights, remedies or privileges as may be available to it. A-6 i SUBSTITUTED i Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 St-hnYtt.rl into ihe al .cor�j r it n(s) on lit. 1` City Clerk 13. Amendment, Modification, Release. Th instrument may be modified, amended, or released as to any portion or all of the Propert my after the occurrence of a public hearing before, and approval from, the City Commissi . Any amendment, modification, or release shall be executed by the Planning Director < d the Zoning Administrator, or their successor or designee, and be in a form acceptable to City Attorney. 14. Severa6ility. Invalidation of an one of these covenants by judgment of Court shall not affect any of the other provisions ofnis Declaration, which shall remain in full force and effect. 15. Recording. This Decla ion shall be filed of record among the Public Records of Miami -Dade County, Florida, at e cost of the Owner, within thirty (30) days of the acceptance by the City. The Owne . shall furnish a copy of the recorded Declaration to the City Depaituient of Hearing Boards w'.nin thirty (30) days of recordation. 16. County art , lectronic Si * nature. This Declaration may be executed in any number of counterparts, e. of which so executed shall be deemed to be an original, and such counterparts shall toget constitute but one and the same Declaration. The parties shall be entitled to sign and tr• mit an electronic signature of this Declaration (whether by facsimile, PDF or other email nsmission), which signature shall be binding on the party whose name is contained therein ny party providing an electronic signature agrees to promptly execute and deliver to the o -r parties an original signed Declaration upon request. 17. No Vested Rights. Nothing in this Declaration shall be construed to create any vested ri is whatsoever to the Owner, its successors, or assigns. A-7 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 Sufiv.i ttrci into the pit:arc r'JCord for or it : i s) �1i onCity Clerk SIGNA2'URE P,4GES'Q '2LLQii, SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 SL Ernftli/Q1 iNo the' record p .al City Clerk IN WITNESS WHEREOF, the undersigned has set its hand and seal this , 20 . Witnessed by: -no Bay Apartments II, LLC By: Name: f Michael Van Der Poe], Managing Partner Address: Signature: Name: Address: Signature: STATE OF FLORIDA ) day of ) ss: COUNTY OF MI I-DADE) The for _sing instrument was acknowledged before me, by means of physical presence OR online n• rization, this day of , 20_ by of . He personally appeared before me, is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: A-9 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-321R-002-0070 APPROVED AS TO CONTENTS: David Snow, AICP, LEED Planning Director Daniel S. Goldberg, Esq. Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNE's: George Wysong, Esq. City Attorney A-10 t''�'tJli l 'inSti;raft%+ k"4�0 then' +�. rtlrr4s) City Cleric i SUBSTITUTED i Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 "A'. FA:Liz:rad into the p; record i r o;i Legal Description of the foperty Z, l City ti;cric LOT "C". LEGION PARK. ACCORDING TO T PLAT THEREOF AS RECORDED IN PLAT BOOK 39, PAGE 86, AS AMENDED _.-ER AMENDED PLAT LEGION PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 39. PAGE 93. BOTH OF THE PUBLIC RECORDS OF M ✓II-DADE COUNTY. FLORIDA. AND LOTS "A" AND "B", LEGION P .K, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 39 PAGE 86, AS AMENDED PER AMENDED PLAT LEGION PARK, ACCORDING T? THE PLAT THEREOF AS RECORDED IN PLAT BOOK 39, PAGE 93, BOTH OF THE P i3LIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND THE EAST 10 FEET OF _ • T "E" AND ALL OF LOTS "F", "G", AND "H", LEGION PARK, ACCORDING TO THE LAT THEREOF AS RECORDED IN PLAT BOOK 39, PAGE 86, AS AMENDED PER • ; 'ENDED PLAT LEGION PARK, ACCORDING TO THE PLAT THEREOF AS R ORDED IN PLAT BOOK 39, PAGE 93, BOTH OF THE PUBLIC RECORDS OF AMI-DADE COUNTY, FLORIDA. AND LOT "E" SS THE EAST 10 FEET, LEGION PARK, ACCORDING TO THE PLAT THERE P AS RECORDED IN PLAT BOOK 39, PAGE 86, AS AMENDED PER AMENDED PLAT GION PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOP ' 39, PAGE 93, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, F d RIDA. A-1 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 AND LOTS 10 & 11, AND LOT 14 LESS THE EAST 25 EET THEREOF, LEGION PARK, ACCORDING TO THE PLAT THEREOF AS RECO D IN PLAT BOOK 39, PAGE 86, AS AMENDED PER AMENDED PLAT LEGION ARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 93, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLOP_IDA. TOGETHER WITH: LOT 5, LESS THE SOUTH 7.5 FEET AND ESS THE EXTERNAL AREA OF A CIRCULAR CURVE, LYING WITHIN SAID LOT 5 .ESS THE WEST 30 FEET, BEING CONCAVE TO THE NORTHEAST, HAVING A ' DIUS OF 25.00 FEET, A CENTRAL ANGLE OF 89°44'00", AN ARC LENGTH OF 3 5 FEET AND TANGENTS WHICH ARE 45.00 FEET EAST OF AND PARALLEL WIT HE CENTERLINE OF BISCAYNE BOULEVARD AND 16.50 FEET NORTH OF AND P ,RALLEL WITH THE CENTERLINE OF NE 64 TERRACE ARLINGTON, ACCORDING .O THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 44, PUBLIC REC• -.DS OF MIAMI-DADE COUNTY, FLORIDA. S ni ttsu into £he r;;cord ,r it ; s) L,I City clerk AND THAT STRIP OF LA THEREOF, AS RE DADE COUNTY BEGIN AT GOVERNM THENCE 112.00 F AN LYING WITHIN SUBDIVISION "L", ACCORDING TO THE PLAT RDED IN PLAT BOOK "A", PAGE 1, PUBLIC RECORDS OF MIAMI- LORIDA, DESCRIBED AS FOLLOWS: POINT 987.60 FEET NORTH OF THE SOUTHWEST CORNER OF T LOT 5, IN SECTION 18, TOWNSHIP 54 SOUTH, RANGE 42 EAST, AST 112.00 FEET, THENCE NORTH 0.4 OF ONE FOOT; THENCE WEST T; THENCE SOUTH 0.4 OF ONE FOOT TO THE POINT OF BEGINNING. A-2 Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 SUBSTITUTED JL:t,f127.tted into to patatc, record Ypr r s) City Clerk THAT PARCEL OF LAND DESCRIBED AS FOLLOWS: '._1MMENCE AT A FO1NT FEET NORTH OF THE SOUTHWEST CORNER ! THE NORTHEAST 1/4 (OF GOVERNMENT LOT 5) OF SECTION 18, TOWN ' 53 SOUTH, RANGE 42 EAST, THENCE RUN EAST 112.00 FEET; THENCE NOR 52.00 FEET; THENCE WEST 112.00 FEET; THENCE SOUTH 52.00 FEET TO THE ,'OINT OF BEGINNING, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA LESS AND EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THE FOLLOWING: THE WEST 30.00 FEET OF LOT 5, ARL ► TON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, AGE 44, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND THE WEST 45.00 FEET OF THAT PORTION OF SUBDIVISION "L" OF GOVERN NT LOT 5, SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, ACCORDIN♦ TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "A", PAGE 1, PUBLIC 'RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING NORTH OF THE WESTE _L.Y EXTENSION OF THE NORTH LINE OF LOT 5. ARLINGTON, ACCORD .I TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 44, PUBLIC RE' S RDS OF MIAMI-DADE COUNTY, FLORIDA. AND LOT 3, LESS T. SOUTH 7.5 FEET, ARLINGTON, ACCORDING TO THE PLAT THEREOF, AS :. CORDED IN PLAT BOOK 7, PAGE 44, PUBLIC RECORDS OF MIAMI- DADE COUN ► , FLORIDA. AND LOT 4, ESS THE SOUTH 7.5 FEET, ARLINGTON, ACCORDING TO THE PLAT THE . OF, AS RECORDED IN PLAT BOOK 7, PAGE 44, PUBLIC RECORDS OF MIAMI- DA ► COUNTY, FLORIDA. A-3 SUBSTITUTED Declaration of Restrictive Covenants �, , u>+Li7'li^ a Folio 18-00 .0 into the Pti�% 'C 01 3218 006-0040 record 'ar z ` ; rs) ' 01-3218-006-0030 on 01-3218-006-0020 City C1erIC 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 AND A STRIP OF LAND MEASURING 25.00 FEET NOR .' AND SOUTH AND 125.00 FEET EAST AND WEST LYING TO THE NORTH OF T' • TS "K" AND "L", AS SHOWN ON A PLAT OF SUBDIVISION OF GOVERNMENT L r 5, IN SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, AND RECORDED IN PLAT BOOK "A", PAGE 1 PUBLIC RECORDS OF MIAMI-DADE COUNTY, FL JUDA AND OTHERWISE REFERRED TO, DESCRIBED AND INDICATED AS TRACT M" ON A CERTAIN PLAT ATTACHED TO A MORTGAGE RECORDED IN MORTGA , BOOK 55, PAGE 146, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, L . • S AND EXCEPT THE FOLLOWING PARCEL: THE WEST 45.00 FEET OF THE OUTH 25.00 FEET OF SUBDIVISION "C" OF GOVERNMENT LOT 5, SECTIO 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT TH EOF, AS RECORDED IN PLAT BOOK "A" AND PAGE 1, PUBLIC RECORDS OF MIA ►_ -DADE COUNTY, FLORIDA. AND LOT D, LESS THE SOU: H 7.5 FEET, IN LEGION PARK, ACCORDING TO THE PLAT THEREOF, RECORDE ► IN PLAT BOOK 39, AT PAGE 93, OF THE PUBLIC RECORDS OF MIAMI-DADE CO ► ` Y, FLORIDA; AND LOTS 1 AND 2, LESS THE SOUTH 7.5 FEET FURTHER LESS T SOUTH 16.5 FEET OF THE EAST 6 FEET OF LOT 1 THEREOF, OF ARLINGTON R . BDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK PAGE 44, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; A PORTION OF SUBDIVISION C OF GOVERNMENT LOT 5 OF SECTION :, TOWNSHIP 53 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREI. , AS RECORDED IN PLAT BOOK A, AT PAGE 1, OF THE PUBLIC RECORDS OF M I-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FO • WS: B • IN AT THE NORTHEAST CORNER OF LOT 1 OF "ARLINGTON", ACCORDING TO E PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, AT PAGE 44, OF THE PUBLIC A-4 i SUBSTITUTED 1 Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 r %ff �) _ALL_ City Clerk Ri,CORDS U1= MIAMI-WWI_ �.UU1' '1 � ?-1_URIDA; '11H11-b•1CL S.b5``44';,U"\-, . fJ (JJ'( i 1;1 NORTH LINE OF LOTS 1 AND 2 OF SAID "ARLIN TON" FOR 112.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENC .00°00'00"W. FOR 25.00 FEET TO THE INTERSECTION WITH THE WESTERLY E ENSION OF THE NORTH LINE OF LOT D OF "AMENDED PLAT LEGION PARK" CCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, AT P _JE 93, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THE N.89°44'50"E. ALONG THE WESTERLY EXTENSION OF SAID LOT "D" FOR II T JO FEET TO THE NORTHWEST CORNER OF SAID LOT D; THENCE S.00°00'00"E. • ONG THE WEST LINE OF SAID LOT D FOR 25.00 FEET TO THE POINT OF BEG 'ZING. TOGETHER WITH: LOT 9 OF ARLINGTON, A SU DIVISION IN GOVERNMENT LOT 5, IN SECTION 18, TOWNSHIP 53 SOUTH, RA JE 42 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOO 7, AT PAGE 44, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLO' 9 N., LESS A TRACT OF LAND 9 FEET NORTH AND SOUTH BY 6 FEET EAST AND ST LYING IN THE NORTHEAST CORNER OF LOT 9, AND BEING THE EASTE PRODUCTION OF THE SOUTH HALF OF ARLINGTON PLACE (NOW CALLED '.SRTHEAST 64TH TERRACE) THROUGH SAID LOT 9, ALL ACCORDING TO HE PLAT OF ARLINGTON, AS RECORDED IN PLAT BOOK 7, PAGE 44, OF THE PU IC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHE LOTS 6, THE' OF CO ITH: , AND 8, OF ARLINGTON, A SUBDIVISION, ACCORDING TO THE PLAT F AS RECORDED IN PLAT BOOK 7, PAGE(S) 44, OF THE PUBLIC RECORDS AMI-DADE COUNTY, FLORIDA; ALL LESS THE NORTH 7.5 FEET AS VEYED TO THE CITY OF MIAMI, A FLORIDA MUNICIPAL CORPORATION, AS A-5 Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 SUBSTITUTED St4;t '1*�1 � ' ' i'4.0 the p}W'i record i-.r it. rs 1' o,�5� "``'-'� City Cleric PER RIGHT OF WAY DEED RECORDED IN EUUK 2`! "l8 I ACJL 3 3 . Cal RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH: LOT 19, OF AMENDED PLAT OF LEGIO PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK, 9 AT PAGE 93, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND LOT 22, OF AMENDED PLAT THEREOF, AS RECORDED IN PL OF MIAMI-DADE COUNTY, FL TOGETHER WITH: LOT 18 AND THE EAST THE NORTH 16 FEET THEREOF AS RECO OF M1AM1-DADE C TOGETHER WI A PORTION ! LOTS 14 AND 15 OF THE AMENDED PLAT LEGION PARK, AS RECORDE ' PLAT BOOK 39, AT PAGE 93, OF THE PUBLIC RECORDS OF MIAMI- DADE C' TY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN FEET WEST OF THE SOUTHEAST CORNER OF LOT 15 AFOREMENTIONED; THE RUN NORTH PARALLEL TO THE EAST LINE OF LOT 15 FOR 84 FEET TO A PO ' ; THENCE RUN EAST PARALLEL TO THE SOUTH LINE OF LOT 15 FOR 4 FEET; T NCE RUN NORTH PARALLEL TO THE EAST LINE OF LOT 15 FOR 16 FEET TO E NORTH LINE OF LOT 15; THENCE RUN WEST ALONG THE NORTH LINE OF LEGION PARK, ACCORDING TO THE PLAT i BOOK 39 AT PAGE 93, OF THE PUBLIC RECORDS IDA. FEET OF LOT 15, AMENDED PLAT LEGION PARK, LESS r THE WEST 4 FEET THEREOF, ACCORDING TO THE PLAT D IN PLAT BOOK 39 AT PAGE 93, OF THE PUBLIC RECORDS TY, FLORIDA. A-6 Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 SUBSTITUTED agar t i into the pi4l'c record f-,Jr itt-: §) Oel City Cleric LEIS 15 AND 14 ;-CJk 1-L- ,'1 10 A 1'Ul0'i 'i 11F,NCL R POINT; THENCE RUN WEST FOR 11 FEET TO A POIN THE WEST LINE OF THE EAST 1/2 OF LOT 14 FOR LOT 14; THENCE RUN EAST ALONG THE SOUT FEET TO THE POINT OF BEGINNING, ACCO RECORDED IN PLAT BOOK 39, AT PAGE 93 DADE COUNTY. FLORIDA. TOGETHER WITH: , SOLI!' 1 01 i( i L1.1 10 A THENCE RUN SOUTH ALONG FEET TO THE SOUTH LINE OF INE OF LOTS 14 AND 15 FOR 61 ING TO THE PLAT THEREOF, AS THE PUBLIC RECORDS OF MIAMI- LOT 7, OF AMENDED PLAT LEGION ARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, A ' PAGE 93, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. TOGETHER WITH: BEGIN AT A POINT 880 GOVERNMENT LOT 5) THENCE EAST 112 FT. FT; THENCE SOUT AMOUNT OF LA OFFICIAL RECO PAGE 251 AN SUBDIVISIO TOWNSH AS CO TRAN PAG FL I ET NORTH OF THE SW CORNER OF THE NE 1/4 (OR SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST; HENCE NORTH 50 FT, MORE OR LESS; THENCE WEST 112 0 FT, MORE OR LESS, TO THE PLACE OF BEGINNING, LESS TAKEN FOR USE IN BISCAYNE BOULEVARD AS DESCRIBED IN S BOOK 1790, PAGE 612 AND OFFICIAL RECORDS BOOK 7645, LESS AND EXCEPT THAT PORTION OF THE SOUTH 98 FEET OF L, ACCORDING TO THE PLAT OF GOVERNMENT LOT 5, SECTION 18, 3 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK A, PAGE 1, YED INTO THE STATE OF FLORIDA DEPARTMENT OF ORTATION, BY DEED RECORDED IN OFFICIAL RECORDS BOOK 21087, AT 1215, ALL IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, IDA,FURTHER DESCRIBED AS FOLLOWS: A-7 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 Si.; ni liter i, tto the r`:cord oa i�1 0It�A'1 A 1 011'"1 01- 1N i i:RSEC1 1ON Ut- 'I HE NUM1- LIOf SAID SOUTH W, FEET OF SUBDIVISION L WITH THE EAST RIGH F-WAY LINE OF STATE ROAD NO. 5 (BISCAYNE BOULEVARD/US NO.1) AS S WN ON SHEET 10 OF 13 OF THE FLORIDA DEPARTMENT OF TRANSPORTA N RIGHT OF WAY MAPS FOR SECTION 87030, FINANCIAL PROJECT NO. 25 f241, AS APPROVED ON JUNE 30, 2000 AND FILED FOR RECORDS AT THE OFFI OF RIGHT OF WAY SURVEYING AND MAPPING OF THE STATE OF FLORID DEPARTMENT OF TRANSPORTATION - DISTRICT SIX; THENCE NORTH 87°54'2 EAST, ALONG THE SAID NORTH LINE, FOR 7.646 METERS (25.09 FEET); THENCE '4UTH 02°05'33" EAST, ON A RADIAL BEARING --TO THE NEXT COURSE, FOR 2.200 TERS (7.22 FEET) TO A POINT OF CURVATURE OF A NON -TANGENT CIRCULAR URVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 7.600 METERS (24 •3 FEET); THENCE FROM A TANGENT BEARING OF SOUTH 87°54'27" WEST, SO HWESTERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL GLE OF 90°15'58", FOR AN ARC LENGTH OF 11.973 METERS (39.28 FEET) TO POINT OF TANGENT INTERSECTION WITH SAID EAST LINE, OF STATE ROAD , THENCE NORTH 02°21'31" WEST, ALONG SAID EAST LINE, FOR 9.836 METERS (3 7 FEET) TO THE POINT OF BEGINNING. FURTHER LESS AND EXCEPT THAT POON CONVEYED TO THE CITY OF MIAMI IN RIGHT-OF-WAY DEED RECORDED OFFICIAL RECORDS BOOK 30126, PAGE 1541. AND BEGIN AT POINT 832 FEET NORTH OF THE SW CORNER OF THE NE 1/4 (OR GOVERN ' NT LOT 5), SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST; THENC AST 112 FT; THENCE NORTH 48 FT; THENCE WEST 112 FT; THENCE SOUT. 48 FT, TO THE POINT OF BEGINNING, LYING AND BEING IN MIAMI-DADE CO Y, FLORIDA, LESS AMOUNT OF LAND TAKE FOR USE IN BISCAYNE B• 4LEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 1790, PAGE 616 AND A-8 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 St,:.r tt;,;(1into the rc corj City Cleric OFFICIAL RECORDS BOOK 7645, PACE 249, PU13L15 RLCuRDS 01 ivM1AM1-DADE COUNTY, FLORIDA. AND LOTS 1 AND 2 LESS THE WEST 30.00 FEET, OF MARY BRICKELL'S PLAT, ACCORDING TO THE PLAT THEREOF, AS ..CORDED IN PLAT BOOK "B", AT PAGE 11, OF THE PUBLIC RECORDS OF MIAI\.4-DADE COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF LOT 2, OF :NARY BRICKELL'S PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORD .• IN PLAT BOOK "B", AT PAGE 11, AS CONVEYED INTO THE STATE OF F-ORIDA DEPARTMENT OF TRANSPORTATION, BY DEED RECORDED IN OFFICI • . RECORDS BOOK 21087, AT PAGE 1215, ALL IN THE PUBLIC RECORDS OF MIA -DADE COUNTY, FLORIDA, FURTHER DESCRIBED AS FOLLOWS: A PORTION OF LOT 2, ARY BRICKELL'S PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDE ► IN PLAT BOOK B, PAGE 11 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNT FLORIDA, LYING IN THE NORTHEAST ONE -QUARTER (N.E. 1/4) OF SECTION 18, ' • WNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING 4RE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POP OF INTERSECTION OF THE SOUTH LINE OF SAID LOT 2 WITH THE EAST RI T-OF-WAY LINE OF STATE ROAD 5 (BISCAYNE BOULEVARD/ US NO.1) AS S • • WN ON SHEET 10 OF 13 OF THE FLORIDA DEPARTMENT OF TRANSPOATION RIGHT OF WAY MAP FOR SECTION 87030 FINANCIAL PROJECT NO. 2502 1 AS APPROVED ON JUNE 30, 2000 AND FILED FOR RECORDS AT THE OFFIC 4 F RIGHT OF WAY SURVEYING AND MAPPING OF THE STATE OF FLORIDA DEP TMENT OF TRANSPORTATION -DISTRICT SIX; THENCE NORTH 02°21 '31" WE , ALONG SAID EAST RIGHT-OF-WAY LINE OF STATE ROAD 5, FOR 3.800 TERS (12.47 FEET) TO A POINT OF NON -TANGENT INTERSECTION OF A A-9 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 • 14 r, orJ City Cleric CIRCULAR CURVE, CONCAVE 10 THE NORTHEAS HAVING A RADIUS OF 7.600 METERS (24.93 FEET); THENCE FROM A TANGENT TEARING SOUTH 46°01'10" EAST, SOUTHEASTERLY ALONG SAID CURVE TO T LEFT, THROUGH A CENTRAL ANGLE OF 46°04'27", FOR AN ARC LENGTH 0 s.111 METERS (20.05 FEET); THENCE SOUTH 02°05'37" EAST, FOR 1.472 ME S (4.83 FEET) TO A POINT OF INTERSECTION WITH THE SOUTH LINE l/ SAID LOT 2; THENCE SOUTH 87°54'23" WEST, ALONG SAID SOUTH LINE, FOR 5,METERS (I7.90 FEET) TO THE POINT OF BEGINNING. FURTHER LESS AND EXCEPT THAT RTION CONVEYED TO THE CITY OF MIAMI IN RIGHT-OF-WAY DEED RECO—D IN OFFICIAL RECORDS BOOK 30126, PAGE 1541. AND LOT 6, OF LEGION PARK, o. 'CORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, AT PAG 86 AND ACCORDING TO THE AMENDED PLAT LEGION PARK, AS RECORDED PLAT BOOK 39, AT PAGE 93 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNT , FLORIDA. LESS AND EXCEP THAT PORTION CONVEYED TO THE CITY OF MIAMI IN RIGHT- OF-WAY DEED ' CORDED IN OFFICIAL RECORDS BOOK 30126, PAGE 1541. AND AN EXPR'. S PURPOSE OF THIS TENTATIVE PLAT IS TO VACATE AND CLOSE FROM P , : LIC USE THE RIGHT-OF-WAY OF NE 64TH TERRACE WITHIN THE LIMITS OF T . PLAT. LEG DESCRIPTION: P • TIONS OF SUBDIVISION C AND L "GOVERNMENT LOT 5", PLAT BOOK A, PAGE TOGETHER WITH ALL OF "ARLINGTON" A SUBDIVISION, PLAT BOOK 7, PAGE 44, A-10 Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 SUBSTITUTED 51s'v"ra tt UiAto the �ii�ill record fr a i `s) a�1 Z ��. ixd 1 L . City Cleric AND ALL O1= "AMENDED PLA"' LLC11OI' PLA-; t3UUK 39, PAGE 9^:, AND LOTS, 1 AND 2 "MARRY BRICKELL SUBDIVISION", PLA OOK B, PAGE 11, ALL OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, ORIDA, LYING AND BEING 1N SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 'AST, CITY OF MIAMI, MIAMI-DADE COUNTY FLORIDA; BEING MORE PARTICUL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST COR ,T:R OF SUBDIVISION "L", PLAT BOOK A, PAGE 1; THENCE NO2°20'50"W 97.98 FE' 1 ALONG THE CENTERLINE OF BISCAYNE BOULEVARD (SR 5/US 1);THENCE 87°54'10"E 45.00 FEET TO THE POINT OF BEGINNING; THENCE NO2°20'50"W _5.50 FEET ALONG THE EAST RIGHT OF WAY LINE OF BISCAYNE BOULEVARD (SR 5/US 1); THENCE N87°54'10"E 264.59 FEET; THENCE N72°35'S0"E 66.30 F r T; THENCE N87°54'20"E 1.65 FEET; THENCE S02°18'30"E 7.50 FEET; T NCE N87°54'20"E 124.91 FEET TO A POINT OF CURVATURE OF A CIRCUL >R CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET; 'HENCE 39.36 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL NGEL OF 90°12'50" TO THE POINT OF TANGENCY ON THE WEST RIGHT OF WAY INE OF NE 7TH AVENUE; THENCE S02°18'30"E 68.00 FEET TO A POINT OF CURV RE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIU • OF 25.00 FEET; THENCE 39.18 FEET ALO G THE ARC OF SAID CURVE THROUGH A CENTRAL ANGEL OF 89°47'10" TO T POINT OF TANGENCY; THENCE S87°54'20"E 123.42 FEET; THENCE S72°35'50"W :..30 FEET; THENCE S87°54'10"W 57.37 FEET; THENCE S02°05'50"E 7.50 FEET; TH CE S87°54'10"W 168.00 FEET; THENCE NO2°05'50"W 7.50 FEET; THENCE S87°54'1 1 67.43 FEET TO THE POINT OF BEGINNING. ALL ANDS DESCRIBED BASED ON AN ASSUMED BEARING OF NO2°18'30"W AL % G THE CENTERLINE OF NE 7TH AVENUE, AND CONTAINING 13,791 SQUARE A-11 i SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 it.c1 i.'iZo the pi record it it• (s) on 1 City Cleric FEET (0.31 ACRES), MORE OR LESS. LYING AND BE1N MIAMI-DADE COUNTY, FLORIDA. TOTAL GROSS AREA 141,520.36 SQ FT 3.25 AC MORE OR LESS TOTAL NET AREA 139,520.26 SQ F " 3.20 ACRES MORE OR LES A-12 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 • ` tt+U I. 0 the pixi record ''",r i; : s) o,y) ALL LANDS DESCRIBED EASED UN AN ASSUIv4 J BEARING OP NU C W(. i), ALONG THE CENTERLINE OF NE 7TH AVENUE, A CONTAINING 117,708 SQUARE FEET (2.70 ACRES), MORE OR LESS. LYING AND EING IN MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH T6-8-O to T6- PORTIO • F LOT 7 OF "AMENDED PLAT LEGION PARK", PLAT BOOK 39, PAGE 93, OF TH 'UBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING AND BEING IN S TION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI- DA ' COUNTY FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: B-2 i SUBSTITUTED i Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 T5 I� to T6.-EL t d i✓ito die pcwr r�cor(Znit :iT4s) Exhibit "B" [Rezoning Area Legal PORTIONS OF SUBDIVISION C AND L 1, TOGETHER WITH LOT 1, 2. 3, 7, 8 BOOK 7, PAGE 44, AND LOTS A T PORTION OF LOT 7 OF "AMEND OF THE PUBLIC RECORDS OF IN SECTION 18, TOWNSHIP DADE COUNTY FLORIDA; COMMENCE AT THE INT 64TH STREET; THENC 64TH STREET;THEN THENCE NO2°20'50" NO2°20'50"W 25.0 286.97 FEET AL POINT OF CU HAVING A CURVE T ON THE 356.92 escriptio it (�C (I City Cie:Ic OVERNMENT LOT 5", PLAT BOOK A, PAGE D 9 OF "ARLINGTON" A SUBDIVISION, PLAT �U H AND LOTS 10, 11, 14, 15, 18, 19, 22 AND A PLAT LEGION PARK", PLAT BOOK 39, PAGE 93, AMI-DADE COUNTY, FLORIDA, LYING AND BEING SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI- _ING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SECTION OF BISCAYNE BOULEVARD (SR5/US1) AND NE 87°54'10"E 168.00 FEET ALONG THE CENTERLINE OF NE NO2°20'50"W 25.00 FEET TO THE POINT OF BEGINNING; 287.06 FEET; THENCE N87°54'10"E 56.00 FEET; THENCE EET; THENCE N87°54'10"E 326.23 FEET; THENCE S02°18'30"E G THE WEST RIGHT-OF-WAY LINE OF NE 7TH AVENUE TO A ATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST DIUS OF 25.00 FEET; THENCE 39.36 FEET ALONG THE ARC OF SAID OUGH A CENTRAL ANGEL OF 90°12'40" TO THE POINT OF TANGENCY EST RIGHT-OF-WAY LINE OF NE 64TH STREET; THENCE S87°54'10"W ONG THE SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. B-1 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 V;t City Cieric COMMENCE AT THE INTERSECTION OF B1SCAYNE B'".JLEVARD (SK5/US1) AND NE 64TH STREET; THENCE N87°54'10"E 168.00 FEET A NG THE CENTERLINE OF NE 64TH STREET;THENCE NO2°20'50"W 25.00 FEET THE POINT OF BEGINNING; THENCE S87°54'10"W 18.00 FEET; THENCE 2°20'50"W 79.08 FEET; THENCE N87°54'10"E 18.00 FEET; THENCE S02°20'S0"E y.08 FEET BACK TO THE POINT OF BEGINNING. ALL LANDS DESCRIBED BASED ON AN SUMED BEARING OF N87°54`l0"E ALONG THE CENTERLINE OF NE 64TH STREET ND CONTAINING 1,423 SQUARE FEET (0.03 ACRES), MORE OR LESS. LYING AND SING IN MIAMI-DADE COUNTY, FLORIDA. B-3 Su>rrrs±tted :r►io she p record fnr it --n(s) or) City cleric Community Meetina Agerda e © 2025 ACRE. All Rights Reserved Subraittod to the recorcl r it mks) on c . City Clerk 2 Sunaittod into the record fpr itm(s) on 2J7117�( MiMo Bay Apartments is City Clerk Additional Public Benefits 4 n w, ( ,� �� -r '► F'i �^' ti fit, • 144 New Off -Street Parking Spaces Additional Parking Spaces at Adela'.l • 68 existing parking spaces available for the public at Adela I • All parking spaces at Adela and Mimo Bay Apartments will be free during farmer's market and park events Su r,aittod into the piii t record f r i ) on 2 City Clerk • $1.6M Payable to the City, and $2.5M to the County • Over $1.3M dedicated to Parks, and over $1.5M dedicated to Traffic Impact Mitigation • The project includes two publicly accessible pedestrian promenades one running east —west along the southern edge of Legion Park, and second running north —south that directly connects NE 64th Street tc the park. These promenades are designed to improving access and walkability for the neighborhood. Subdivision & Street Improvements • New street lighting along NE 64th St & NE 7th Ave • New off -site stormwater infrastructure • New pavement & sidewalks • Widening of NE 64th Street • An additional 6 on -street parking spaces along NE 7th Avenue 2025 ACRE. AU Rights Reserved KT& 5 Design Restrictions Sara ttad into the pat City Clerk CRE- record fir it-n(s) ofl Density Restriction Design Limitations Maximum Lot Coverage T5-0 Zoning Live Local Act Tree Preservation Time Limitation 337 units Maximum Height: 75' Maximum FLR: 707,600 SF Not eligible for any bonus height or FLR available under Miami 21 90% Project plans to be compliant with T5-0 Owner shall not develop the Property pursuant to the LLA To the greatest extent practicable, existing tree resources located on the Property shall be preserved, relocated, or replaced on -site Time limitations on submitting and receiving permits or the project will revert to T5-R 337 units Height: 72'-4" (Adela I is 71'-6") FLR: 533,231 SF (25% reduction) Bonus: Not utilized 74% (16% reduction) Validated by City Staff Not utilized Requirement will be met Requirement will be met A covenant that is proffered during a zoning process is enforceable a: v* if it were an adopted law of the local government. See case: Save Calusa Tr. v. St. Andrews Holdings, Ltd., 193 Sc. 3d 910, 915 (Fla. 3d DCA 2016) © 2025 ACRE. All Rights Reserved 6 e..‘kitacke LI" WHAT IS BE 71911F-t-e,, -;, 74 4.;.; e!!'" , Submitted into the ' *c record f r it -n(s) I on City Clerk f 0014 UtzL#00000e#6440.W 11.'5111M191- r :err14.- What Is Being Proposed Reconfiguration of subdivision access road • Two-way drive aisle serving the project and the public. • 76 Public Parking Spaces on the ground floor of the parking garage. • Pedestrian Promenades designed to improve access and walkability throughout the neighborhood. a 4 46 1 .e NEW RETAIL V,: EXISTING t / RETAIL 2025 ACRE. All Rights Reserved aan.f NEW GROUND ►LOOK PAM TAOJNb.APA(TMENTS NEW MIMO BAY II COMMUNITY PARKING GARAGE (76 SPACES) ."a r 1 F1GE.IN GONG FLOOD P?U, nOtia 17ARTMrEr9ra • elf• Su n tte,d into the pa record • r it • s) YZ,' on , �� City Cleric Reduced turning conflicts Reduced Traffic Impacts to NE 64th Street. ✓ Improved pedestrian crossings ✓ No degradation to level of service N PEDESTRIAN TRAFFIC ^-- AUTOMOBILE INGRESS AUTOMOBILE EGRESS •0110141 imN M� 401, 11.60.10 110 EXISTING ADELA 1 4A,1 COMMUNITY tizg PARKING GARAGE 1,..:.. (88 SPACES) 1• ! r 1y►NpMIM MOW,. MN alq.40 *MO 1 `, 1 i ill+ 4� M- •.:S' i�. a' A. w 1.ar+ww 8 .7.777 T4 Community Public Parking Access i••./.7? P. 4 T-CTT,4 . ,,,r ... , •'IN ,, , A. 7.--, -•,- r-, el; Fr' i. , • • r°. '74. ' 11 ; ,...".7•. ..* , ..•,, :7: ''''"",."...' '"`'!"..'''''' ' ",1':!.'1, ......'' ',. .-.7.•• 'n."•7•77---7,,," , - • ... ' •• .:•,, ''-'• E.:. ' - ;:. © 2025 ACRE. All Rights Reserved • trr • .. SttbrAittfd ito the record f r it 14(s) on City Clerk 9 Pedestrian Paseo Experience Stttraf.tt6d into the palof record f r it.-n(s) on City Clerk The paseos feature shaded, landscaped walkways with clear sightlines, enhanced pedestrian safety, and a direct public connection to Legion Per. . r . 4,..t,.. • ..ti 1 fj •11 A paseo is not required by code at this site. A cross -block passage is only required when there are points along the frontage © 2025 ACRE. All Rights Reserved of a building that are more than 340 feet from a thoroughfare intersection. 10 Impact on Legion Park oo 2025 ACRE. All Rights Reserved b'r u Sutra ttod into the record f it on CRE City Clerk Direct • uotes from Staff's Re . ort "The proposed Building is also setback from the north property line and boundary to the park to the north and includes a pedestrian paseo, reducing the impact of the Building's Intensity on surrounding properties while encouraging walkability within the urban form". "Miami Comprehensive Neighborhood Plan: Goal TR-1: "Maintain an effective and cost-efficient circulation network that provides transportation for all persons while reducing both the dependency on automobiles and overall roadway congestion" 'Through the replating process, pedestrian and vehicular circulation enhancements, mutually beneficial for the visitors of Legion Park and the surrounding neighborhoods, will be provided". 11 Building Massing t f L iI { :Aff r.•xYh. .•no Tlrva1S s ��T �'ralt>•� PASEO ENTRANCE @ 2025 ACRE. All Rights Reserved PASEO ENTRANCE Su ra=_m.d into the record fPl it s) IZ,1 on City Clerk Max Allowable Proposed ..ot Cover - 111,613 105,267 75% Coverage 707,600 533,231 25% Reduction Units 480 337 23% Reduction Direct quotes from Staff's Report "The Building is two (2) Stories and limited to a Height of hirty--'ve (35) feet, with an incremental increase to four (4) to (6) six Stories following. This is intended to provide a res-e.ctful and sensitive boundary between the portion of the Property located within the MiMo Historic District and the remainder of the property, as well as a breakup of the 7r+assing of the Building fronting the park to the north Northeast 64 Street, and Northeast 7 Avenue". urs-remit to Article 7, Section 7.1.3.4 of the Miami 21 Coy, the application has been referred to the following ages ='-'s whose comments and recommendations have bee, �:'nsidered and are reflected in this final decision: Coorr rated Review Committee, Urban Development Review Board, Building Department, Fire Department, Offics of Zoning, Department of Resilience and Public Work, Upper Eastside Commissioner District Office, and Offic - of Code Compliance. 12 Timeline of Revew/Stff +r+� -p r i ▪ S LraCitt�IIi i o to P-r "C 1 0,� record rr i �1 s) o Z I City Clem: 5 review cycles, more than 2.5 years in r\--:vjeprs by all C Departments and agencies. Aat • April 2023: Project Submitted • November 2024: Project resubmitted following ; ezoning • December 2024: Submit for master building permit • April 2025: Project Resubmitted in response to comments • May 2025: UDRB approves project with conditfryis • July :2025: Historic and Environmental Preservation Board apprc—al of Special Certificate of Appropriateness From HEPB Staff Rec: The Applicants request for to =-" ow for new for new construction, site improvements, on a parcel zoned '5-8-O"Urban Core Transect Zone - Open, and vacation and closure of Nor{:° -oast 64 Terrace is in accordance with the Comprehensive Plan, Chapter 23 ^F the City of Miami Code of Ordinances, the Secretary of the knterior Standard:. =3.nd the Preservation Office Historic Design Guidelines. • August 2025: Meet with Urban Design staff to discuss implem?,- ation of revisions to plans to address comments • September 2025: Additional Urban Design Comments • October 2025: Resubmit to address additional comments and c' ' ain Urban Design approval of response to UDRB conditions • November 2025: Approved by al; review groups (Zoning, Land ^\relopment, Urban Design, Public Works, Fire, Transportation, Environmental Resources, Schoo Concurrenc7. "-astoric Preservation, Coordinated Review Committee) • January 2026: All traffic study comments issued by Miami-Dada.County on City of Miami's traffic impact analysis were addressed. rfr 202.5 ACRE. All Rights Reserved 13 Suimittdi into the p- ' c recor f r it s) Z, I on City Clerk Existing Condition SulmittQd into the on record l r it Koa • Road History: NE 64th Terrace was dedicated in two parts —first in 1921 and then in 1941, to serve the subdivision being constructed. • Non -Conforming: The right-of-way narrows below minimum Public ROW standards at the eastern end. The ROW is too narrow and doesn't allow for legal parallel parking spaces. • Safety Hazard: The existing offset between NE 65th Street and NE 64th errace along Biscayne Blvd creates a safety hazard due to conflicting opposing left -turn movements. it EXISTING f•i RETAIL t © 2025 ACRE. All Rights Reserved FUTURE MIMO BAY II SITE M V ," PEDESTRIAN TRAFFIC �^+• AUTOMOBILE INGRESS AUTOMOBILE EGRESS r, Ikuna 40001M iiN MS r > . ' w,.. EXISTING ADELA 1 COMMUNITY " .4 PARKING GARAGE , (68 SPACES) Nr .1 I,'M MN OM if" 15 Traffic Impact Study t.Si}imitted into the pololifi,7 record f i ). on City Clerk The City of Miami ordered an independent third -party Tra z.. Impact Study, prepared by The Corradino Group evaluating the traffic impacts associated with the project and the vacation of the segment of NE 64th Terrace located between US-1/Biscayne ?oulevard and NE 7th Avenue as part of the proposed development. The purpose of the analysis was to determine whether surrounding roadways could accommodate traffic currently using NE 64tR-1 ` errace, as well as additional traffic generated by the projech. UnderTUtiOzed Roadway • NE 64th Terrace operates at 2% of its adopted capacity. -r1 % of the capacity during the AM peak hour, and -r5% of the capacity during the PM peak hour. • Traffic volumes are substantially lower than adjacent streets © 2025 ACRE. All Rights Reserved • Under future (2028) conditions with the project: • All adjacent roadways mee adopted Level of Service standards. • No capacity failures occur • No mitigation measures are required. • The proposed plan: • Reduces overlapping turning movements. • Simplifies driver decision - making. Conclusions • The study identifies no safety deficiencies, intersection failures, or operational concerns resulting from the vacation. • "there is capacity along Biscayne Boulevard and NE 64 Street to handle the right-of- way vacation of NE 64 Terrace from Biscayne Boulevard to NE 7 Avenue, in addition to the estimated development trips". 16 Staff Support — Excepflon/Warr t/Waivaerawo,sie on Exception: Exceed the maximum lot size 1. Article 7, Section 7.1.2.6.b.4- reviewed for compliance with Code. 2. Article 7, Section 7.1.2.4.c:- "The manner in which the proposed Use will operate given its specific location and proximity to less intense Uses". 3. Article 4, Table 12- "Ensure transitions of Density, Intensity, and Height that complemen the Neighborhood context." 4. Article 4, Table 12- "Calibrate Density, Intensity, and Uses to facilitate walkability and promote transit use." Warrant: Public Parking Use 1. Article 7, Section 7.1.2.6.b.4- reviewed for compliance with Code. 2. Article 7, Section 7.1.2.4.c: "Consider the intent of the Transect." 3. Article 7, Section 7.1.2.4.c: "The review shall consider... the guiding principles of the Miami 21 Code" Complies Complies Complies Complies Pomplies Complies `;omplies 4. Article 7, Section 7.1.2.4.c: "The manner in which the proposed Use will operate given its p specific location and proximity to Tess intense Uses". .om lies 5. Article 4, Table 12 "Ensure transitions of Density, Intensity, and Height that complement the Neighborhood context". 6. Article 4, Table 12, "Calibrate Density, Intensity, and Uses to facilitate walkability and promote transit use." Waiver: 10% parking reduction 1.Article 4, Table 12 "Minimize the impact of Parking and Loading on the public realm and adjacent properties." Waiver: Legal non -conforming site improvements 1. Article 4, Table 12 "Locate Buildings to respond to the Lot and Neighborhood context taking into consideration Natural Features, existing Urban Form and Transect Zone 2.omplies requirements. Recommendation Pursuant to Article 7, Sections 7.1.1.1, 7.1.1.2, 7.1.2.4, and 7.1.2.5 of the Miami 21 Code, as amended, the Planning Department recommends the requested Exception, Warrant, and 11.commends Waivers for the Project Approved with Conditions 's.omplies complies omplies record or fri City Clerk Direct Quote "Pursuant to Article 5, Section 5.6.1.j of the Miami 21 Code, an increase in the maximum Lot size as shown in Illustration 5.6 is permitted by process of Exception for Uses that serve the Neighborhood. This Application meets this Code requirement through this Exception request". Direct Findings Pursuant to Article 7, Section 7.1.3.4 of the Miami 21 Code, the application has been referred to the following agencies whose comments and recommendations have been considered and are reflected in this final decision: Coordinated Review Committee, Urban Development Review Board, Building Department, Fire Department, Office of Zoning, Department of Resilience and Public Works, Upper Eastside Commissioner District Office, and Office of Code Compliance. © 2025 ACRE. All Rights Reserved 17 Staff Support - NE 64th Terrace Subra.ttc.d intoo the on orZrt�) , �Z. City Clerk City staff concluded the closure serves the public interest. Staff found no safetyor service impacts. June 3, 2021: Plat and Street Committee recommends approval Nov May 11, 2022: Planning Department recommends approval The Plat: & Street Reviev, Committee is comprised of: • City of Miami Police Dept. • Transportation • Fire -Rescue • Building Dept. • Public Works • Planning Dept. • Office of Capital Improvements • Zoning Office • Solid Waste Dept. • Florida Dept. of Health • Miami -Dade County Water & Sewer • School Board • Utility providers 1. Public interest Plat and Street,C1'1itte "The public will benefit from the redevelopment of the site in accordance with the Miami 21 Code and public access will be enhanced by a cross - block passage." Department "The redevelopment of the Property has the potential to create an interconnected network of north -south pedestrian pathways linking NE 64 St to L2gion Park." 2. General public no longer using the rights of "It is currently a vacant land. There is no building that requires any garbage/trash service. The site is way or easement accessible from the adjacent main streets on three sides" 3. Ability to provide police, fire, or emergency services "An additional easement will be provided by the developer to better accommodate the turn -around of emergency vehicles and other vehicular traffic." 4. Beneficial effect on "Through the replotting process, pedestrian and pedestrian and vehicular vehicular circulation enhancements, mutually circulation beneficial for the visitors of Legion Park and the surrounding neighborhoods, will be provided." "Miam Comprehensive Neighborhood Plan: Goal - 1: "Maintain an effective and cost- efficient circulation network that provides transportation for all persons while reducing both the dependency on automobiles and overall roadw~"F congestion"." © 2025 ACRE. All Rights Reserved 18 Road Dedication - NE 64th terrace The Law of Road Dedications "Common law dedication leaves ownership of the land in the dedicator, giving to the public rights of easement only." Bonifay v. Dickson, 459 So. 2d 1089, 1095 (Fla. 1st DCA 1984). NE 64th Terrace was dedicated in two parts —first in 1921 and then in 1941, to serve the developments being constructed. Both plats provide for common law dedications for public use that reserve the underlying ownership interest to the developer (and its successors) whenever the use of the road is discontinued by law. © 2025 ACRE. All Rights Reserved sue,. •) . t J' Submitted into the record r it `n(s) on'2 i��l� Zr1 City Clerk A MA'RIGAN Lt: O/ON — NofJ Ld i/ae.v d .4 ...AR?' Of R 1 J :MI Os L'_ . 1 _ at RA'M• N. F ..9 /ole", N SL/BOiN ,y ce��.s�LayJ 7 - s+af ire MARY aRecAirci 71 h c/TY MoNL/.MIA/T N. E. % ".• HV X; o_. A�6R.ITr _}d4 AMENDED PLAT '.f 4 Mi1.0Y BR/L KE' L A.A. a'— /[ w' LEGION PARK A SUBDIVISION IN 3Milan I$.TOWMSHIYS3!tANSE72` "1111AM1 DADt COUNTY, FLORIbA s 19