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Home My WebLink About24902AGREEMENT INFORMATION AGREEMENT NUMBER 24902 NAME/TYPE OF AGREEMENT CITY OF MIAMI DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT DESCRIPTION DECLARATION OF RESTRICTIVE COVENANT/632 SW 63 AVE/MATTER ID: 24-598 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 4/2/2024 DATE RECEIVED FROM ISSUING DEPT. 4/3/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 863E2782-58D6-41 EA-9559-5A4F9A90B523 ncoevORAnu 31.10 �. U H CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Building Department DEPT. CONTACT PERSON: Anna Medina EXT. 1101 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: N/A IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ® NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY): Memo for review. ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): Covenants in Lieu of Tree Bond — 632 SW 63 Av and 700 SW 63 Av. COMMISSION APPROVAL DATE: N/A FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: This does not require Commission approval. ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 3/22/2024 PRINT: ASAEL�IARRERO SIGNATURE: 1 SUBMITTED TO COMMUNITY & ECONOMIC DEVELOPMENT 3/25/2024 PRINT: ALFRE SIGNATURE: i= RAN a� SUBMITTED TO RISK MANAGEMENT 3/29/2024 PRINT: ANN- SIGNATURE: EdsSHARPE QS APPROVAL BY CITY ATTORNEY 3/29/2024 PRINT: VICTOR SIGNATURE: ENDEZ �� RECEIVED BY CITY MANAGER 3/30/2024 PRINT: ARTHUR SIGNATURE: NORIEGA, V DS FAN SUBMITTED TO CITY CLERK 4/2/2024 PRINT: TODD ITANNON " L hSIGNATURE: PRINT: N/A SIGNATURE: PRINT: N/A SIGNATURE: PRINT: N/A SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 863E2782-58D6-41 EA-9559-5A4F9A90B523 This instrument prepared by, and after recording return to: Name: City of Miami Address: 444 Southwest 2"d Avenue Miami, Florida 33130 Folio No,: 01-4001M005.7010 ?Siece rowed for Clerk of Court) DECLARATION OF RESTRICTIVE COVENANT IN LIEU OF POSTING A TREE PROTECTION BOND FOR AFFORDABLE HOUSING DEVELOPMENT THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of March, 2024, by the City of Miami Department of Housing & Community Development, having offices at 14 Northeast 1st Avenue, 2"d Floor, Miami, Florida (the "Applicant"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City") having an address at 444 Southwest 2"d Avenue, Florida 33130. WITNESSETH: WHEREAS, Applicant holds fee -simple title to certain property in the City of Miami, Florida, located at 632 Southwest 63`d Avenue, Miami, Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, on May 13, 2018, the City Commission adopted Ordinance No. 13174 in order to promote tree protection and environmental preservation and address the stewardship of the living features in the City of Miami ("City"), which includes the City's topographic, geological, and landscape features; and WHEREAS, the protection of the tree canopy and environmental features within the City is of paramount importance; and WHEREAS, affordable housing is of great significance to the City; and Page 1 of 9 DocuSign Envelope ID: 863E2782-58D6-41 EA-9559-5A4F9A90B523 WHEREAS, on November 21, 2019, the City Commission adopted Ordinance No. 13873 to provide an exception for a covenant in lieu of the tree protection bond requirement for affordable housing developments which are procured and/or funded by the City in an effort to incentivize affordable housing development projects; and WHEREAS, the Applicant hereby voluntarily covenants and agrees that this Declaration shall be binding upon the Applicant for one year after the final certificate of occupancy is issued by the City, unless released by the City in writing, WHEREAS, this Declaration shall not be binding on any eligible affordable housing purchaser as approved through the City's Affordable Housing Program notwithstanding any other provision in this Declaration. NOW THEREFORE, the Applicant, for valuable consideration, the receipt and sufficiency 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 Applicant of the Property, and its heirs, grantees, successors, and assigns as follows; 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.. 2. Use Restrictions; Applicant hereby agrees to, covenants to, and declares to construct dwelling(s), more specifically, single family home to be used for "Affordable Housing Developanent(s)" as defined in Section 2-416 of the Code of the City of Miami, as amended ("City Code"), and said Affordable Housing Development has been procured, funded and/or received City benefits as defined in Section 2-417 of the City Code. Applicant hereby agrees that Page 2 of 9 DocuSign Envelope ID: 863E2782-58D6-41 EA-9559-5A4F9A90B523 this Declaration is subject to Section 17-4(c)(5) of the City Code. Applicant further agrees that the Property is required to comply with all laws and sections of the City Code; including but not limited to Chapter 17 the Tree Ordinance. Should the Property cease to be used as "Affordable Housing" as defined in Section 2-416 of the City Code this Declaration shall no longer apply and the bond amount of $16,000.00 shall be due and payable to the City promptly at such tune. Covenanted/Bonded Trees Tree Number Tree Species Bond Amount 1 LIVE OAK $16,000.00 Sum $16,000.00 3. Effective Date. This instrument shall constitute a covenant running with the land to the Property and be binding upon Applicant, its heirs, grantees, successors and assigns, and it shall be effective 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. Page3 of9 DocuSign Envelope ID: 863E2782-58D6-41 EA-9559-5A4F9A90B523 4. Term of Covenant. This voluntary Declaration on the part of the Applicant shall remain in full force and effect for one year after the final certificate of occupancy is issued for Building Process/Permit No. BD23-011704-001 and shall be binding upon the Applicant, its heirs, grantees, successors -in -interest and assigns, until released in writing, contingent upon an inspection by the City. The effective date shall commence once this instrument is recorded in the Public Records of Miami -Dade County, Florida. 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours of the City of Miami's inspector to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's Building, Planning, Zoning and Code 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, Planning, Zoning and Code regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Non -Compliance. Should the Applicant fail to comply with this Declaration or with any laws and/or sections of the City Code, the Applicant will be given notice of such non- eotnplianoe and thirty (30) days to cure. Failure to cotnply within thirty (30) days following the date of which non-compliance is determined this Declaration shall no longer apply and the bond in the amount of $16,000.00 shall be due and payable to the City promptly at such time. Page 4 of 9 DocuSign Envelope ID: 863E2782-58D6-41 EA-9559-5A4F9A90B523 7, Amendment, Modification, Release, This Declaration may not be modified, amended, superseded, released or otherwise modified except by a written instrument, expressly identifying modifications made and signed by the authorized representatives of the Applicant and City, and be in a form acceptable to the City Attorney. Any release of this Declaration shall be contingent upon an inspection and written release by the City. 8. Applicable Laws. Applicant shall comply with all provisions of this Declaration and of Chapter 17, of the Code of the City of Miami, as amended, and all other applicable Federal, State, and local laws, rules, and regulations, including without limitation those related to Affordable Housing and. the City of Miami Zoning Ordinance. Any violation of said laws shall be deemed a violation of this Declaration. 9, Severability. Invalidation of any one of these covenants by judgment of a Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 10. Recording. This Declaration shall be filed of record by the City of Miami in the Public Records of Miami -Dade County, Florida, at the cost of the Applicant, within thirty (30) days of the acceptance by the City. A copy of the recorded Declaration shall retrain in the custody of the Department of Building. 11. No Vested Rights. Nothing hi this Declaration shall be construed to create any vested rights whatsoever to the Applicant, its heirs, grantees, successors and assigns, 12. Counterparts and Electronic Signatures. This Agreement 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 Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, Page 5 of 9 DocuSign Envelope ID: 863E2782-58D6-41 EA-9559-5A4F9A90B523 PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 13. Miscellaneous. In the event of litigation, arbitration, or mediation, between the parties hereto, arises out of the terms of this Declaration, each party shall be responsible for its own attorney's fees, costs, charges, and expenses through the conclusion of all appellate proceedings, and including any final settlement or judgment. 14, Authority. The undersigned confirm that they are authorized to enter this Declaration, and have authority to bind the respective owners of the properties. 15, Entire Agreement, This Declaration constitutes and represents the entire Declaration and any other agreements between the Parties hereto and supersedes any prior understandings or agreements, written or verbal, between the Parties with respect to the subject matter herein. 16, Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida and any proceedings arising between the parties in any manner pertaining or relating to this Agreement shall, to the extent permitted by law, be held in Miami -Dade County, Florida. SIGNATURE PAGES TO FOLLOW Page 6 of 9 DocuSign Envelope ID: 863E2782-58D6-41 EA-9559-5A4F9A90B523 IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of March, 2024, Witnessed by: Name: /4/� A;V 4JO•i' Name: e1(1V4,14.Berry)uth?..., STATE OF FLORIDA COUNTY OF MIAMI-DADE By: Alfr-. 1 man, Assistant Director Department of Housing & Community Development ACKNOWLEDGMENT } } SS: The foregoing instrument was acknowledged before me by means of/physical presence or ❑ online notarization this $ day of 04 —y "' , 2024 by Ab-) (A-w` , as As*. i rcc.Iof �('imt3st 65N.4. ' th zed Member of , and on behalf of , who is personally known to me or has produced as identification. Print Name: 1 M. —a� ,01111.10- ,';k Y °00,, PATRICIA AUEDA 'r'�- Notary Public - State of Riorida ,'3 i' ! Commission N NN 355497 ''49 . ' My Comm. Expires Jen 29, 2027 t ' Bonded through Nationpl Not*y Assn, Page 7 of 9 No ublic, State of Florida at large DocuSign Envelope ID: 863E2782-58D6-41 EA-9559-5A4F9A90B523 CONSENT DY CITY OF MI ATTEST ,—DocuSigned by: Todd B. Hannon, City Cleric Date: 4/2/2024 FrCbEARIAlaed by: Approved as to Legal Form and Correctness c—DocuSigned by: �--�9 EF90Rft'F'L 57... Victoria Mendez, City Attorney 24-598 PMA 3/29/2024 Date: Approved osu'aitteu,t: �NuavesuseA Asael Marrero, ii'rector ot.Building Date: 3/21/2024 CITY OF MIAMI DocuSigned by: A!4"Po 1C�a 56��OC�72 64x�,... Arthur Noriega V, Ctty Manager 3/30/2024 Date: Approved as to Insurance Requirements .—DocuSigned by: ailit.oWit, t, "—T 49B7 44 ... Ann -Marie Sharpe, utr otSK Management 3/29/2024 Date: Approved Affordable Housing Eligibility Alfredo Dur n, Assistant Director Department of Housing & Community Development O 15 Va.c)2_4 Date: .Page 8 of 9 DocuSign Envelope ID: 863E2782-58D6-41 EA-9559-5A4F9A90B523 Exhibit "A" Lot 5, Block 33, Fairlawn, according to the Plat thereof, recorded in Plat Book 8, Page 83 of the Public Records of Miami -Dade County, Florida Page 9 of 9 Olivera, Rosemary From: Medina, Anna Sent: Wednesday, April 3, 2024 9:08 AM To: Hannon, Todd Cc: Ewan, Nicole; Olivera, Rosemary; Lee, Denise Subject: Executed Agreements - Covenants in Lieu of Tree Bond for 632 SW 63 Av and 700 SW 63 Av Attachments: Document_Routing_Form_Update_-_Covenants_in_Lieu_of_Tree_Bond.pdf; Covena nt_i n_Lieu_of_Tree_Bond_-_632_SW_63_AV.pdf; Covena nt_i n_Lieu_of_Tree_Bond_-_700_SW_63_AV.pdf Good morning Todd, Please find attached the fully executed copies of two agreements from DocuSign that are to be considered original agreements for your records. Thank you, Anna M. Medina Assistant to the Director City of Miami Building Department 444 SW. 2 Avenue, 4th Floor Miami, FL 33130 Phone: (305) 416-1101 Email: amedina@miamigov.com E-plan Training video Training Video E-plan Info plus Instructions For E-plan info and instructions 1