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Home My WebLink AboutSubmittal-City Manager-MemoCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM FROM Honorable Mayor, City Commissioners and James Reyes, City Manager ,—DocuSigned by: David Snow Rua StAew `—nDo1 8456 Director, Planning4uepartment DATE 1/16/2026 SUBJECT : PZ 11 — Exhibit B REFERENCES : PZ 11 File ID 18676 ENCLOSURES: Exhibit B The purpose of this memorandum for Item PZ. 11 File ID 18676 on the January 22, 2026, City Commission Agenda is to provide clarification on Exhibit B. Exhibit B was replaced in the legislative system prior to agenda publication but it was recevied by the Print Shop after agenda packet distribution. As a result, Exhibit B is being distributed separately from the agenda packet. Exhibit B reflects language requested by the PZAB. e 18(O`10 &Aar], eAlki rvw-GEL 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 ?ON J9121 P1I2:14 r. 1.'"= CITY CLERK Ut DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2025, 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 Property shall be maintained in accordance with the provisions of this Declaration. 1 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 El12:1if WHEREAS, consistent with the goals, policies, and 4feetiires f thej' 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 Prohibition. 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 to o 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 ("AMP'). 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. 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 one hundred percent (100%) of the AMI; and ii. The remaining sixty percent (60%) new units within the Property shall be leased, rented or made available on a continuous basis to persons whose income does not exceed one hundred and twenty percent (120%) 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 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 3 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 fir) i.'::1 P 12:15 income is at or below the AMI as established herein. Each 'Affordtle 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. 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. 6.. Term 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. 7. 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 4 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 `.'a2I r,12:15 for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. 8. 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 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. 9. 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. 10. 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 5 Folio No(s): 01-3113-052-0280; 01-3113-052-0270 ,21 r 12: 15 r.Commission at a publicly noticed hearing. All costs,- expenses, ,and ` eels 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. 11. 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. 12. 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. 13. 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. 14. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights 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 7.f,r5 ,I!Ji 2 1 P1.112: t5 CI CLER y , Folio No(s): 01-3113-052-0280; 01-3113-052-0270 rE 1 P 112: (5 Signed, witnessed, executed and acknowledged this day or , 2025. ai Witnesses: RAIDER ROAD LLC, a Florida Limited Liability Company Print Name: By: Name: Keith T. Ward Title: Manager Print Name: STATE OF COUNTY OF ) SS The foregoing instrument was acknowledged before me by means of physical presence OR online notarization, this day of , 2025, by , as of Personally Known or Produced Identification 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 Development APPROVED AS TO LEGAL FORM AND CORRECTNESS: George K. Wysong III, City Attorney 9 21 Pak;12:15 Folio No(s): 01-3113-052-0280; 79,15 R! 1 2 1 PM 12: 15 01-3113-052-0270 1- n 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. IN 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