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HomeMy WebLinkAboutExhibit B-SUBReturn recorded copy to: City of Miami Planning Department 444 S.W. 2nd Avenue, 3rs Floor Miami, FL 33130-1910 Document prepared by: City Attorney's Office City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, F: 33130-1910 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Reserved for Recording DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of 2026, by RAIDER ROAD, LLC, a Florida Limited liability company having offices at 7221 SW 59 Street, Miami, FL 33143 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 151 NW 60 Street and 145 NW 60 Street legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Owner is desirous of making a binding commitment to assure the City that redevelopment of the Property shall be maintained in accordance with the provisions of this Declaration. 1 18676 Exhibit B-SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Folio No(s): 01-3113-052-0280; 01-3113-052-0270 WHEREAS, consistent with the goals, policies, and objectives of the Miami Comprehensive Neighborhood Plan and Miami 21, the Owner is proposing much needed residential units (the "Project"); and WHEREAS, the Project requires the following approvals by the City Commission (collectively, the "Approvals): (i) an Amendment of the Miami Comprehensive Neighborhood Plan ("MCNP") Future Land Use Map ("FLUM") from "Major Public Facility and Duplex Residential" to "Low Density Restricted Commercial" (the "FLUM Amendment"); (ii) a re -zone from CI and T3-O to T4-L (the "Re -Zone"); and (iii) adoption of this Declaration; and NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner of the Property, and its heirs, grantees, successors, and assigns as follows: 1. Recitals. The 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. Commercial Use Prohibitirii. The Property shall not be used for any Commercial uses, as defined in Article 1, Section 1.1.d of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") (2025). Notwithstanding the foregoing prohibition on commercial uses, the Property may be developed pursuant to the Live Local Act, §166.04151(7)(b), Fla. Stat. (2025). 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Folio No(s): 01-3113-052-0280; 01-3113-052-0270 3. Affordability Restriction. If the Property is developed pursuant to the applicable T4-L density, affordability shall be as follows: Twenty percent (20%) of the total new units constructed on the Property shall be leased, rented or made available on a continuous basis to persons whose income does not exceed eighty percent (80%) of the area median income ("AMI"). However, if the Property is developed pursuant to the Live Local Act, §166.04151(7)(b), Fla. Stat. (2025), in addition to the commitment in above, i. Six (6) units of the total new units constructed on the Property shall be leased, rented or made available on a continuous basis to persons whose income does not exceed sixty percent (60%) of the AMI; ii. Twenty-one (21) units shall be leased, rented or made available on a continuous basis to persons whose income does not exceed eighty percent (80%) of the AMI; and iii. The remaining new units, approximately Forty-three (43) units, within the Property shall be leased, rented or made available on a continuous basis to persons whose income does not exceed one hundred percent (100%) of the AMI. Prior to converting any of the Affordable Housing or Workforce Housing Units from rental units to homeownership units, the Owner, or its successors or assigns, must request and receive written authorization from the City Manager. In the event that the conversion is authorized, the City and Owner shall coordinate to record covenants on individual units ("Individual Covenants") in a manner that creates the same amount of Workforce homeownership units specified in this Declaration. Each Individual Covenant must (i) specify 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Folio No(s): 01-3113-052-0280; 01-3113-052-0270 the applicable AMI for any purchaser during the term of the Individual Covenant and (ii) expire on the same date as the Covenant for Workforce Housing; and In the event that any of the Workforce Housing Units are sold, the specific Unit(s) must be sold with a purchase cost equal to or less than the standards for those individuals whose income is at or below the AMI as established herein. Each Affordable Housing or Workforce Housing Unit sold shall include a deed restriction that the Unit shall only be sold with a purchase cost equal to or less than the standards for those individuals whose income is at or below the applicable AMI as established herein and shall further indicate that the Unit shall only be rented to individuals whose income is at or below the AMI as established herein. The deed restriction must specify the specific applicable AMI. 4. Height Restriction. Notwithstanding the Property's development pursuant to the Live Local Act, the Property shall comply with T4-L height regulations pursuant to Article 5, Section 5.4.2.f of the Miami 21 Code. 5. Local Hiring. The Owner agrees to use diligent, good faith efforts and to cause its general contractor(s) and subcontractor(s) to reach a minimum threshold of 20% of total personnel and to use diligent, good faith efforts to give hiring preference to individuals that reside within District 5 of the City of Miami and the following targeted zip codes: 33127, 33131, 33136, 33137, 33138, 33147, 33150 and 33161. If good faith efforts fail to provide adequate staffing for Owner and/or contractors to reach the minimum threshold amount, Owner shall confer with the District 5 Commissioner for at least ninety (90) calendar days to endeavor to supplement the personnel amounts. 4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Folio No(s): 01-3113-052-0280; 01-3113-052-0270 6. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 7. Teri r of Declaration. This voluntary Declaration on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors in interest and assigns for an initial period of thirty (30) years from the date this Declaration is recorded in the public records, and shall be automatically extended for periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 8. Inspection. 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. 9. Enforcement. 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 to restrain violations, to recover damages, or for any other remedy available. In addition, any violation or noncompliance of this Declaration shall be immediately referred to the Code Compliance Department for enforcement proceedings, lien placement, and citations pursuant to Chapter 2, Article X of the City Code, Chapter 62 of the City Code, as both may be amended, and this Declaration. Any violation or noncompliance of this Declaration shall THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Folio No(s): 01-3113-052-0280; 01-3113-052-0270 be referred to the City Attorney's Office for enforcement, including but not limited to injunctive relief and/or any other remedies in law or equity. This enforcement provision shall be in addition to any other remedies available under the law. The use of one remedy shall not preclude the use of another. 10. Non -Compliance. Any violation or noncompliance of this Declaration regarding the workforce housing component shall result in a monetary penalty to be deposited into the Affordable Housing Trust Fund. Such monetary penalty shall be assessed as a daily fine of two hundred fifty dollars ($250.00) per day per violation until proof of compliance has been provided to the City. The monetary penalty shall not be subject to mitigation or otherwise modified by any body or board including, but not limited, to the Code Enforcement Board. 11. Amendment, Modification, and Release. This Declaration may be modified, amended, or released as to any portion or all of the Property only after approval by the City Commission at a publicly noticed hearing. All costs, expenses, and fees associated with releasing this Declaration shall be the sole responsibility of the party requesting the release. Any amendment, modification, or release approved by the City Commission shall be executed by the Planning Director, the Zoning Director, and the Housing and Community Development Director, or their successor, or designee, and be in a form acceptable to the City Attorney. 12. 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. 6 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Folio No(s): 01-3113-052-0280; 01-3113-052-0270 13. Recordation. This Declaration will be e-recorded by the City of Miami, at the Owner's expense, in the public records of Miami -Dade County, Florida upon full execution. 14. Counterparts/Electronic Signature: This Declaration may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration. The parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. 15. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors and assigns. SIGNATURE PAGES TO FOLLOW 7 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Folio No(s): 01-3113-052-0280; 01-3113-052-0270 Signed, witnessed, executed and aeknc !edged tin ay Qf 2026. Witnesses: Prin' Print Name: STATE OF 1,0.k COUNTY OF ) SS RAIDER ROAD LLC, a Florida Limited Li bitity Company B Name: Keith Ward Title: Manager The foregoing instrument was acknowledged before me by means of physical presence OR online notarization, thisday of AV 2026, by as of Personally Known Type of Identification P °duced. or Produced Identification Agron N. Pe _gyp Comm,: HH 53;'' " Public, Expires: Jun. 27, 'v'nmission No.: Notary Public - State of Mrjf Commission Expires: 8 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Folio No(s): 01-3113-052-0280; 01-3113-052-0270 APPROVED AS TO CONTENTS: David Snow, Director Planning Department Tamara Allen Frost, Director Office of Zoning Victor Turner, Director Department of Housing and Community Development APPROVED AS TO LEGAL FORM AND CORRECTNESS: George K. Wysong. III, City Attorney 9 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Exhibit "A" Legal Description LOT 8 THROUGH 12 INCLUSIVE, BLOCK 2 OF ROCKMOOR PARK TRACT, ACCORDING TO THE PLAT THEREOF, AS RECORDER IN PLAT BOOK 4, PAGE 190 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND LOT 13, W BLOCK 2, OF ROCKMOOR PARK TRACT, ACCORDING TO THE PLAT THEREOF, AS RECORDER IN PLAT BOOK 4, PAGE 190 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, 10 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Return recorded copy to: City of Miami Planning Department '14'1 S.W. 2nd Avenue, 3rs Floor Miami, FL 33130-1910 Document prepared by: City Attorney's Office City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, F: 33130-1910 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 Reserved for Recording Pi. 1 4121.7.. SUBSTITUTED DECLARATION OF RESTRICTIVE r 1 VENANTS THIS DECLARATION OF RESTRICTIVE CO NANTS (the "Declaration"), made this day of , 2026, by RAID ROAD, LLC, a Florida Limited liability company having offices at 7221 SW 59 Street, ami, FL 33143 (the "Owner"), in favor of the City of Miami, Florida, a municipality of th Mate of Florida (the "City"). NESSETH: WHEREAS, Owner holds ` e-simple title to certain property in the City of Miami, Florida, located at 151 NW 6► " treet and 145 NW 60 Street legally described in Exhibit "A" attached hereto and made i art hereof (the "Property"); and WHEREAS, t Owner is desirous of making a binding commitment to assure the City that redevelopme of the Property shall be maintained in accordance with the provisions of this Declaration. 1 676 Exhibit B-SUB SUBSTITUTED THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Folio No(s): 01-3113-052-0280; 01-3113-052-0270 WHEREAS, consistent with the goals, policies, and objectives of the M. Comprehensive Neighborhood Plan and Miami 21, the Owner is proposing much eeded residential units (the "Project"); and WHEREAS, the Project requires the following approvals by the y Commission (collectively, the "Approvals): (i) an Amendment of the Miami Compreh. sive Neighborhood Plan ("MCNP") Future Land Use Map ("FLUM") from "Major Pu, is Facility and Duplex Residential" to "Low Density Restricted Commercial" (the "FLU Amendment"); is a re -zone from CI and T3-O to T4-L (the "Re -Zone"); and (iii) adoption this Declaration; and NOW THEREFORE, the Owner, for valuable c sideration, the receipt and adequacy of which are hereby acknowledged, voluntarily cove nts and agrees that the Property shall be subject to the following restrictions that are i nded and shall be deemed to be a covenant running with the land and binding upon t ' Owner of the Property, and its heirs, grantees, successors, and assigns as follows: 1. Recitals. The recita and findings set forth in the preamble of this Declaration are hereby adopted by refere e thereto and incorporated herein as if fully set forth in this Section. 2. Comm: 'al Use Prohibition. The Property shall not be used for any Commercial uses, as defined i icle 1, Section 1.1.d of Ordinance No. 13114, the Zoning Ordinance of the City of Mia Florida, as amended ("Miami 21 Code") (2025). Notwithstanding the foregoing prohibition commercial uses, the Property may be developed pursuant to the Live Local Act, §16 4151(7)(b), Fla. Stat. (2025). 2 SUBSTITUTED Folio No(s): 01-3113-052-0280; 01-3113-052-0270 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 3. Affordability Restriction. If the Property is developed pursuant to the applic T4-L density, affordability shall be as follows: Twenty percent (20%) of the total n units constructed on the Property shall be leased, rented or made available on a contin . s basis to persons whose income does not exceed eighty percent (80%) of the area edian income ("AMP'). However, if the Property is developed pursuant to t Live Local Act, §166.04151(7)(b), Fla. Stat. (2025), in addition to the commitment in ave, i. Six (6) units of the total new units constructed o to Property shall be leased, rented or made available on a continuous basis • persons whose income does not exceed sixty percent (60%) of the AMI; ii Twenty-one (21) units shall be leased ented or made available on a continuous basis to persons whose income do not exceed eighty percent (80%) of the AMI; and iii. The remaining new u ' <, approximately Forty-three (43) units, within the Property shall be 1 < ed, rented or made available on a continuous basis to persons whose ' ome does not exceed one hundred percent (100%) of the AMI. Prior to convertin y of the Affordable Housing or Workforce Housing Units from rental units to homeo ership units, the Owner, or its successors or assigns, must request and receive written a t orization from the City Manager. In the event that the conversion is authorized, t ' • City and Owner shall coordinate to record covenants on individual units ("Indivi t .1 Covenants") in a manner that creates the same amount of Workforce hom..wnership units specified in this Declaration. Each Individual Covenant must (i) specify 3 I SUBSTITUTED THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Folio No(s): 01-3113-052-0280; 01-3113-052-0270 the applicable AMI for any purchaser during the term of the Individual Covenant and (ii) ex on the same date as the Covenant for Workforce Housing; and In the event that any of the Workforce Housing Units are sold, the specific nit(s) must be sold with a purchase cost equal to or less than the standards for those i. ividuals whose income is at or below the AMI as established herein. Each Affordable I- c> sing or Workforce Housing Unit sold shall include a deed restriction that the Unit shall on be sold with a purchase cost equal to or less than the standards for those individuals whr.e income is at or below the applicable AMI as established herein and shall further indicat: ' hat the Unit shall only be rented to individuals whose income is at or below the AMI as e- ablished herein. The deed restriction must specify the specific applicable AMI. 4. Height Restriction. Notwithstan«' g the Property's development pursuant to the Live Local Act, the Property shall comply , ' ith T4-L height regulations pursuant to Article 5, Section 5.4.2.f of the Miami 21 Code. 5. Local Hiring. T Owner shall consult and coordinate with the City's Department of Procurement, T sitions Inc. (located at 1550 NW 3 Avenue, Building C, Miami, FL 33136), and Circle of otherhood, Inc. (located at 510 NW 25 Avenue, Miami, FL 33142), regarding job placeme services. The Owner agrees to use diligent, good faith efforts or to cause its general con or(s) and subcontractor(s) to use diligent, good faith efforts to give hiring preference to ity of Miami employees residing in District 5 and the following targeted zip codes: 3 7, 33131, 33136, 33137, 33138, 33147, 33150 and 33161. Effective Date. This instrument shall constitute a covenant running with the title the Property and be binding upon Owner, its successors and assigns upon recordation in the 4 SUBSTITUTED THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Folio No(s): 01-3113-052-0280; 01-3113-052-0270 Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, a limitation upon, all present and future owners of the Property and for the public welfare 7. Term of Declaration. This voluntary Declaration on the part of the wner shall remain in full force and effect and shall be binding upon the Owner, its successin interest and assigns for an initial period of thirty (30) years from the date this Declaration is recorded in the public records, and shall be automatically extended for periods ten (10) years, unless modified, amended or released prior to the expiration thereof. 8. Inspection. It is understood and agreed that a official inspector of the City of Miami may have the right at any time during normal srking hours of the City of Miami's inspector to enter upon the Property for the purpose ► investigating the use of the Property, and for determining whether the conditions of this ,''eclaration and the requirements of the City's building and zoning regulations are being co plied with. 9. Enforcement. An actio o enforce the terms and conditions of this Declaration may be brought by the City and m, ; be by action at law or in equity against any party or person violating or attempting to viol.`' any covenants of this Declaration or provisions of the building and zoning regulations t. restrain violations, to recover damages, or for any other remedy available. In additio _ .ny violation or noncompliance of this Declaration shall be immediately referred to the C. . e Compliance Department for enforcement proceedings, lien placement, and citations purs t to Chapter 2, Article X of the City Code, Chapter 62 of the City Code, as both may be ended, and this Declaration. Any violation or noncompliance of this Declaration shall be r '-rred to the City Attomey's Office for enforcement, including but not limited to injunctive ief and/or any other. remedies in law or equity. This enforcement provision shall be in SUBSTITUTED Folio No(s): 01-3113-052-0280; 01-3113-052-0270 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. addition to any other remedies available under the law. The use of one remedy shall not precl the use of another. 10. Non -Compliance. Any violation or noncompliance of this Declarati, regarding the workforce housing component shall result in a monetary penalty to be d .osited into the Affordable Housing Trust Fund. Such monetary penalty shall be assessed a daily fine of two hundred fifty dollars ($250.00) per day per violation until proof of com, 'lance has been provided to the City. The monetary penalty shall not be subject to mitigatio +r otherwise modified by any body or board including, but not limited, to the Code Enforce nt Board. 11. Amendment, Modification, and Release. his Declaration may be modified, amended, or released as to any portion or all of the `'roperty only after approval by the City Commission at a publicly noticed hearing. costs, expenses, and fees associated with releasing this Declaration shall be the sole re onsibility of the party requesting the release. Any amendment, modification, r release approved by the City Commission shall be executed by the Planning Directo , the Zoning Director, and the Housing and Community Development Director, or the' uccessor, or designee, and be in a form acceptable to the City Attorney. 12. Severa' it . Invalidation of any one of these covenants by judgment of Court shall not affect . of the other provisions of this Declaration, which shall remain in full force and effect. Recordation. This Declaration will be e-recorded by the City of Miami, at the s expense, in the public records of Miami -Dade County, Florida upon full execution. SUBSTITUTED Folio No(s): 01-3113-052-0280; 01-3113-052-0270 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 14. Counterparts/Electronic Signature. This Declaration may be executed in number of counterparts, each of which so executed shall be deemed to be an original, . such counterparts shall together constitute but one and the same Declaration. The pa ' ° s shall be entitled to sign and transmit an electronic signature of this Declaration (whe . r by facsimile, PDF or other email transmission), which signature shall be binding on the arty whose name is contained therein. Any party providing an electronic signature agrees . "s promptly execute and deliver to the other parties an original signed Declaration upon req .'st. 15. No Vested Rights. Nothing in this Declaratio ' shall be construed to create any vested rights whatsoever to the Owner, its successors and . signs. SIGNATURE PAGES TO FOLLOW 7 SUBSTITUTED Folio No(s): 01-3113-052-0280; 01-3113-052-0270 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Signed, witnessed, executed and acknowledged this day of , 2026. Witnesses: Print Name: Print Name: STATE OF ) ) SS COUNTY OF ) RAIDER ROAD LLC, a orida Limited Liability Co y By: Name: Keith T. Title: Manag and The foregoing instrument was acknowledged fore me by means of physical presence OR online notarization, this day of , 2026, by as of Personally Known or Produced Identificati Type of Identification Produced 8 Print or Stamp Name: Notary Public, State of Commission No.: My Commission Expires: SUBSTITUTED Folio No(s): 01-3113-052-0280; 01-3113-052-0270 APPROVED AS TO CONTENTS: David Snow, Director Planning Department Tamara Allen Frost, Director Office of Zoning THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Victor Turner, Director Department of Housing and Community Development APPROVED AS TO LEGAL FORM AND CORRECTNESS: George K. Wysong III, City Attorney 9 SUBSTITUTED Folio No(s): 01-3113-052-0280; 01-3113-052-0270 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Exhibit "A" Legal Description LOT 8 THROUGH 12 INCLUSIVE, BLOCK 2 OF ROCKMOOR PARK TRACT, ACCORDING TO THE PLAT THER- , AS RECORDER IN PLAT 800K 4, PAGE 190 OF THE PUBLIC RECORDS OF MIAMIOADE COUNTY, FLORIDA. AND LOT 13 IN BLOCK 2 OF ROCKMOOR PARK TRACT ACCORDING TO THE PLAT THEREOF, AS R + " ► R IN PLAT BOOK 4, PAGE 190 OF PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 10 Return recorded copy to: City of Miami Planning Department 444 S.W. 2nd Avenue, 3rs Floor Miami, FL 33130-1910 Document prepared by: City Attorney's Office City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, F: 33130-1910 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 Reserved for Recording SUBSTITUTED SUBSTITUTE DECLARATION OF RESTRIC OVENANTS THIS DECLARATION OF RESTRICTIV ' C r, ENANTS (the "Declaration"), made this day of , 2025, by • I ► R ROAD, LLC, a Florida Limited liability company having offices at 7221 SW 59 S eet iami, FL 33143 (the "Owner"), in favor of the City of Miami, Florida, a municipality •f tr ` State of Florida (the "City"). TNESSETH: WHEREAS, Owner old fee -simple title to certain property in the City of Miami, Florida, located at 151 . Street and 145 NW 60 Street legally described in Exhibit "A" attached hereto and ' ad- part hereof (the "Property"); and WHE S, e Owner is desirous of making a binding commitment to assure the City that redeye, ap t of Property shall be maintained in accordance with the provisions of this Declar. ion 1 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 WHEREAS, consistent with the goals, policies, and objectives of Comprehensive Neighborhood Plan and residential units (the "Project"); and WHEREAS, the Project requires (collectively, the "Approvals): (i) an Amendment of the Miami C Plan ("MCNP") Future Land Use Map ("FLUM") from "M Residential" to "Low Density Restricted Commercial" (the from CI and. T3-O to T4-L (the "Re -Zone"); and (iii) ad NOW THEREFORE, the Owner, for vah of which are hereby acknowledged, voluntaril subject to the following restrictions that running with the land and binding successors, and assigns as follows 1. Recitals. The are hereby adopted by Section. 2. uses, as def City of ami Miami 21, the Owner is proposing uc, needed the following approvals by e ' ity Commission nsive Neighborhood lic Facility and Duplex Amendment"); (ii) a re -zone of this Declaration; and onsideration, the receipt and adequacy ants and agrees that the Property shall be ended and shall be deemed to be a .covenant Owner of the Property, and its heirs, grantees, s and findings set forth in the preamble of this Declaration e thereto and incorporated herein as if fully set forth in this rcial Use Prohibition. The Property shall not be used for any Commercial Article 1, Section 1.1.d of Ordinance No. 13114, the Zoning Ordinance of the 1, Florida, as amended ("Miami 21 Code") (2025). Notwithstanding the foregoing n on commercial uses, the Property may be developed pursuant to the Live Local Act, .04151(7)(b), Fla. Stat. (2025). 2 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 SUBSTITUTED SUBSTITUTE 3. Affordability Restriction. If the Property is developed pursuant to the - •pli ' . ble T4-L density, affordability shall be as follows: Twenty percent (20%) of the t• al r w units constructed on the Property shall be leased, rented or made available on a persons whose income does not exceed eighty percent (80%) of th ous basis to median income ("AMI"). However, if the Property is developed pursuant o e Live Local Act, §166.04151(7)(b), Fla. Stat. (2025), in addition to the commitme i. Twenty percent (20%) of the total new units leased, rented or made available on a con does not exceed one hundred percen ii. The remaining sixty percent (60° rented or made available on exceed one hundred an Prior to converting any o ove, cted on the Property shall be s basis to persons whose income ) of the AMI; and units within the Property shall be leased, inuous basis to persons whose income does not y percent (120%) of the AMI. Affordable Housing or Workforce Housing Units from rental units to homeownersh.. u ' s, the Owner, or its successors or assigns, must request and receive written authoriz io rom the City Manager. In the event that the conversion is authorized, the Cit an Owner shall coordinate to record covenants on individual units ("Individual C► ents") in a manner that creates the same amount of Workforce homeowner • ip nits specified in this Declaration. Each Individual Covenant must (i) specify the app cab AMI for any purchaser during the term of the Individual Covenant and (ii) expire on e s ne date as the Covenant for Workforce Housing; and In the event that any of the Workforce Housing Units are sold, the specific Unit(s) must e sold with a purchase cost equal to or less than the standards for those individuals whose 3 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 SUBSTITUTED SUBSTITUTE income is at or below the AMI as established herein. Each Affordable Housing or Housing Unit sold shall include a deed restriction that the Unit shall only be sold cost equal to or less than the standards for those individuals whose income applicable AMI as established herein and shall further indicate that the U to individuals whose income is at or below the AMI as established must specify the specific applicable AMI. 4. Height Restriction. Notwithstanding the Pro - development pursuant to the it s a h orl rce urchase r below the 1 only be rented rty' Live Local Act, the Property shall comply with T4-L Section 5.4.2.f of the Miami 21 Code. 5. Effective Date. This instrument onstitute a covenant running with the title rei The deed restriction to the Property and be binding upon Ow Public Records of Miami -Dade Count a limitation upon, all present and 6.. Term of Decl do tur remain in full force and assigns for an initial public records, modified, a en eri ect • Fl • ,i al ig regulations pursuant to Article 5, successors and assigns upon recordation in the da. These restrictions shall be for the benefit of, and wners of the Property and for the public welfare. This voluntary Declaration on the part of the Owner shall nd shall be binding upon the Owner, its successors in interest and of thirty (30) years from the date this Declaration is recorded in the all be automatically extended for periods of ten (10) years, unless or released prior to the expiration thereof. Inspection. It is understood and agreed that any official inspector of the City of Mi ni ay have the right at any time during normal working hours of the City of Miami's ins ctor to enter upon the Property for the purpose of investigating the use of the Property, and 4 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 for determining whether the conditions of this Declaration and the requirements of 's building and zoning regulations are being complied with. 8. Enforcement. An action to enforce the terms and conditions th'. Declaration may be brought by the City and may be by action at law or in equity aga st party or person violating or attempting to violate any covenants of this Declaration o pr• isions of the building and zoning regulations to restrain violations, to recover darn es or for any other remedy available. In addition, any violation or noncompliance of t 's D : ' laration shall be immediately referred to the Code Compliance Department for enforproceedings, lien placement, and citations pursuant to Chapter 2, Article X of the C. ' Coy Chapter 62 of the City Code, as both may be amended, and this Declaration. Any vio 'ati• or noncompliance of this Declaration shall be referred to the City Attorney's Office f• en ..rcement, including but not limited to injunctive relief and/or any other remedies in w equity. This enforcement provision shall be in addition to any other remedies ay.' ab1- under the law. The use of one remedy shall not preclude the use of another. 9. Non -Come ian Any violation or noncompliance of this Declaration regarding the workforce hous 'g c,; 'nponent shall result in a monetary penalty to be deposited into the Affordable Hou' g ust Fund. Such monetary penalty shall be assessed as a daily fine of two hundred fi ` do rs ($250.00) per day per violation until proof of compliance has been provided to the y. ' e monetary penalty shall not be subject to mitigation or otherwise modified by any bo• or oard including, but not limited, to the Code Enforcement Board. 10. Amendment, Modification, and Release. This Declaration may be modified, mended, or released as to any portion or all of the Property only after approval by the City 5 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 SUBSTITUTED SUBSTITUTE Commission at a publicly noticed hearing. All costs, expenses, and fees assoc ed ith releasing this Declaration shall be the sole responsibility of the party requesting th- ele- e. Any amendment, modification, or release approved by the City C• mi ion shall be executed by the Planning Director, the Zoning Director, and the Ho ink and Community Development Director, or their successor, or designee, and be in a .rm cceptable to the City Attorney. 11. Severability. Invalidation of any one of the c• Tenants by judgment of Court shall not affect any of the other provisions of this Dec :rati► which shall remain in full force and effect. 12. Recordation. This Declaration il.l .e e-recorded by the City of Miami, at the Owner's expense, in the public records of ' a 1 ade County, Florida upon full execution. 13. Counterparts/Electroni : Si; ature. This Declaration may be executed in any number of counterparts, each of o executed shall be deemed to be an original, and such counterparts shall together cr sti .te but one and the same Declaration. The parties shall be entitled to sign and tran it electronic signature of this Declaration (whether by facsimile, PDF or other email ans ' ission), which signature shall be binding on the party whose name is contained there' Aparty providing an electronic signature agrees to promptly execute and deliver to t of . r parties an original signed Declaration upon request. No Vested Rights. Nothing in this Declaration shall be construed to create any ve -d r :hts whatsoever to the Owner, its successors and assigns. 6 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 SIGNATURE PAGES TO FOLLOW 7 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 I SUBSTITUTED L SUBSTITUTE Signed, witnessed, executed and acknowledged this day of , 202 Witnesses: Print Name: Print Name: STATE OF ) ) SS COUNTY OF ) RAIDER ROAD C, lorida Limited Liabilit oi' sany By: Name: K- i T and Title: na r The foregoing instrument was acknowle• _ed `.efore me by means of physical presence OR online notarization, th. day of , 2025, by , as of Personally Known or Produced Iden ica `sn Type of Identification Produced 8 Print or Stamp Name: Notary Public, State of Commission No.: My Commission Expires: Folio No(s): 01-3113-052-0280; 01-3113-052-0270 APPROVED AS TO CONTENTS: David Snow, Director Planning Department Tamara Allen Frost, Director Office of Zoning Victor Turner, Director Department of Housing and Community Developmen APPROVED AS TO LEGAL FORM AND CORRECTNESS: George K. Wysong III, City Attorney 9 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 Exhibit "A" Legal Description LOT 8 THROUGH 12 INCLUSIVE, BLOCK 2 OF ROCKMOOR PARK TRACT, ACCORDING TO THE PL,A ' HE OF, AS RECORDER IN PLAT BOOK 4, PAGE 190 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. AND LOT 13, IN BLOCK 2, OF ROCKMOOR PARK TRACT, ACCORDING TO THE PLAT THEREQ', AS ' CORDER IN PLAT BOOK 4, PAGE 190 OF THE PUBLIC RECORDS OF MIAMI•DADE COUNTY, FLORIDA, 10