HomeMy WebLinkAbout24903AGREEMENT INFORMATION
AGREEMENT NUMBER
24903
NAME/TYPE OF AGREEMENT
CITY OF MIAMI DEPARTMENT OF HOUSING & COMMUNITY
DEVELOPMENT
DESCRIPTION
DECLARATION OF RESTRICTIVE COVENANT/700 SW 63
AVE/MATTER ID: 24-599
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
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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 2nd Avenue
Miami, Ploridu 33130
Folio No.: 01-4001-005-7040
Ounce reverved 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 2nd Avenue, Florida 33130.
WIINESSETH:
WHEREAS, Applicant holds fee -simple title to certain property in the City of Miami,
Florida, located at 700 Southwest 63rd 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
ineentivize 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 THEREFOR, 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 hone to be used for "Affordable Housing
Developnlent(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 $36,000.00 shall be due and payable to the City promptly at such time.
Covenanted/Bonded Trees
Tree Number
Tree Species
Bond Amount
9
LIVE OAK
$16,000.00
10
ROYAL POINCIANA
$20,000,00
Sum $36,000.00
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.
Page 3 of 9
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. BD23-011706-001 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 terns and conditions of this Declaration may be brought by the
City and may he 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-
compliance and thirty (30) days to cure. Failure to comply 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 $36,000.00 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 remain in the
custody of the Department of Building.
1 No Vested Rights. Nothing in 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
nurnber 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 Agreetent shall, to the extent permitted by law, be held in Miami -Dade County,
F lorida.
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:
By:
Name: &Vat A /CR.40V
Name: O `V t faRirY i UAL 2`
Alfredo uran, Assistant Director
Department of Housing &
Community Development
ACKNOWLEDGMENT
STATE OF FLORIDA }
COUNTY OF M1AMI-DADE } SS:
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization this ) 5*
day of , 2024 by
\fsrecto Dural as ,64_,Ntekfof lifolnepyiairowAiliarit e em or of
, and on behalf of , wh is personally lcnovvn toy e or has
produced as identification.
f,k iiv'U""V. PATRICIAItAARA M
'F, '�+T,,,1 Notary Public • Slake of Florida •
'1. i Commission N HH 35,5499
1 ' of My Comm, Expires Jra29, W27 k
d " " Bonded through National WJot*y Assn. iit
4 .w ... ,... a. are 4 4,-.4..: .4 A.
Page 7 of 9
Print
,aT€1ry Public, State of Florida at large
DocuSign Envelope ID: 863E2782-58D6-41 EA-9559-5A4F9A90B523
CONSENT BY CITY OF MI
ATTEST
DocuSigned by:
Todd B. Hannon, ity erFk
Date:
4/2/2024
alla#ted by:
Approved as to Legal Form and Correctness
,-DocuSigned by:
YF�6 F
Victoria Mendez, ei y A.
3/29/2024
Date:
orney 24-599 PMA
Approved • .Caplotk:
D9ABO�4
Asael Marrero, vhiAAreetor3o uiiding
Date:
3/21/2024
CITY OF MIAMI
DocuSigned by:
FA,1-I�d(1C�a
�50 eF6�3�Y'B'64'2A...
Arthur Nariega V, City Manager
Date:
3/30/2024
Approved as to Insurance Requirements
DocuSigned by:
ate,—A&Lwit, 5& avpt,
�XtL�74
Ann -Marie Sharpe,
'4Dir n tsk Management
3/29/2024
Date:
Approved a ,Affordable Housing Eligibility
Alfredo Dur n, Assistant Director Department of
Housing & Community Development
\ kS \Zs:7,2_4
Date:
Page 8 of 9
DocuSign Envelope ID: 863E2782-58D6-41 EA-9559-5A4F9A90B523
Exhibit "A"
Lot 8, Block 33, FAIR LAWN, 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
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