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Home My WebLink AboutSubmittal-Melissa Tapanes-Llahues-Exhibit B (Covenants)Return recorded copy to: City of Miami Pl, ing Department S.W. 2nd Avenue, 3rs Floor , FL 33130-1910 444 Document prepared by: City Attorney's Office City of Miami S.W. 2'd Avenue, 9th Floor ia ',F: 33130-1910 A Folio No(s): 01-3113-052-0280; 01-3113-052-0270 Reserved for Recording Submitted into the public record for item(s) PZ.2 on 05/28/2026, City Clerk DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF this day STRICTIVE COVEN . TS (the "Declaration"), made , 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 Mi. *, Florida, a m cipality of the State of Florida (the "City"). WITNESSETH: WHE ' AS, Owner holds fee-s ple title to certain property in the City of Florida, located at 151 60 Street and 145 NW 60 Street legally described in Exhibit "A" attached hereto and made a part hereof (the "Prope "); and WHE • AS, the 0 er is desirous of making a binding co itment to assure the City that redevelopment of the Property shall be maintained in accordance with the provisions of this Declaration. 18676 Submittal -Melissa Tapanes-Llahues-Exhibit B (Covenants) Su b mitted into the public record for item(s) PZ.2 on 05/28/2026, City Clerk Folio No(s): 01-3113-052-0280; 01-3113-052-0270 WHE AS, consistent with the goals, policies, and objectives of the Miami Comprehensive Neighborhood Plan and Miami 21, the Owner is proposing much needed residential 't (the "Project"); and WHE • AS, the Project requires the following approvals by the City Co ission (collectively, the "Approvals): (i) an • en • ent of the Miami Comprehensive Neighborhood Plan ("MCNP") Future Land Use Map ("FLU ") from "Major Public Facility and Duplex Residential" to "Low Density Restricted Co ercial" (the "FLUM • endment"); (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 ac owledged, 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 ru ng 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 pre ble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Co ercial Use Prohibition. The Property shall not be used for any Co ercial uses, as defined in icle 1, Section 1.1.d of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended (" i 21 Code") (2025). Notwiths . ding the foregoing prohibition on co ercial uses, the Property may be developed pursuant to the Live Local Act, §166.04151(7)(b), Fla. Stat. (2025). 2 Su b mitted into the public record for item(s) PZ.2 on 05/28/2026, City Clerk 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 (2 %) of the total new ts cons cted on the Prope 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 (" I"). However, if the Property is developed pursuant to the Live Local Act, §166.04151(7)(b), Fla. Stat. (2025), in addition to the co itment in above, i. Six (6) units of the total new units cons cted 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 ei • ty percent (80%) of the A I; and 111 e remai s g new its, approximately Fo -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 A Prior to converting any of the Affordable Housing or Workforce Housing Units from rental units to ho eo ership its, the 0 e , or its successors or ass s, 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 its ("Individual Covenants") in a manner that creates the same amount of Workforce homeo ership its specified in this Declaration. Each Individual Covenant must (i) specify 3 Submitted into the public record for item(s) PZ.2 on 05/28/2026, City Clerk 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 shall consult and coordinate with the City's Department of Procurement, Transitions Inc. (located at 1550 NW 3 Avenue, Building C, Miami, FL 33136), and Circle of Brotherhood, Inc. (located at 510 NW 25 Avenue, Miami, FL 33142), regarding job placement services. The Owner agrees to use diligent, good faith efforts or to cause its general contractor(s) and subcontractor(s) to use diligent, good faith efforts to give hiring preference to City of Miami employees residing in District 5 and the following targeted zip codes: 33127, 33131, 33136, 33137, 33138, 33147, 33150 and 33161. 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 4 Submitted into the public record for item(s) PZ.2 on 05/28/2026, City Clerk 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, and 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 Owner shall remain in full force and effect and shall be binding upon the Owner, its successors in interest and ass s 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 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 Su b mitted into the public record for item(s) PZ.2 on 05/28/2026, City Clerk Folio No(s): 01-3113-052-0280; 01-3113-052-0270 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 fi dollars ($250.00) per day per violation til proof of compliance has been provided to the City. The monet penalty shall not be subject to tigation or otherwise modified by any body or board including, but not limited, to the Code Enforcement Board. 11. Amendment, edification, and Rc1ease. This Declaration may be modified, ended, or released as to any portion or all of the Property only after approval by the City Co ssion at a publicly noticed hearing. All costs, expenses, and fees associated with releasing this Declaration shall be the sole responsibility of the p y amen requesting the release. ent, modification, or release approved by the City Co ission shall be executed by the Planning Director, the Zoning Director, and the Housing and Co i ity Development Director, or their successor, or desi ee, and be in a form acceptable to the City Attorney. 12. Severability. Invalidation of any one of these covenants by jud ent of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 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. 6 Submitted into the public record for item(s) PZ.2 on 05/28/2026, City Clerk Folio No(s): 01-3113-052-0280; 01-3113-052-0270 14. Counterparts/Electronic Signature. This Declaration may be executed in any number of co terparts, 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 s and transmit an electronic signa e of this Declaration (whether by facs PDF or other email trans ssion), which signa e shall be binding on the party whose name is contained therein. y party providing an electronic si i ature 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 ri ts whatsoever to the 0 er, its successors and assigns. SIGNATURE PAGES TO FOLLOW Submitted into the public record for item(s) PZ,2 on 05/28/2026, City Clerk Folio No(s): 01-3113-052-0280; 01-3113-052-0270 Si. ed, witnessed, executed and ac o ledged this day of , 2026. \Witnesses: Print N Print Name: STATE OF ) SS CO TY OF) RAIDER ROAD LLC, a Florida Limited Liability Company By: N, e: Keith T. Ward Title: Manager The foregoing inst ent was ac owledged before me by means of physical presence OR online notarization, this day of , 2026, by as of Personally own or Produced Identification T e of Identification Produced 8 Print or Stamp Name: No . Public, State of Co ission No.: y Co ission Expires: Folio No(s): 01-3113-052-0280; 01-3113-052-0270 APPROVED AS TO CONTENTS: David Snow, Director P1%.:-; `ng Depment Tamara Allen Frost, Director Office of Zoning Victor Turner, Director Department of Housing and Co unity Development APPROVED AS TO LEGAL FO r_ =D CO` `_ CTNESS: George K. Wysong III, City Attorney 9 Submitted into the public record for item(s) PZ,2 on 05/28/2026, City Clerk Folio No(s): 01-3113-052-0280; 01-3113-052-0270 Submitted into the public record for item(s) PZ,2 o n 05/28/2026, City Clerk Exhibit "A" Legal Description LOT 8 TH ` + H 12 INCLU , BL I 2 OF ROC T B. + 4, PAGE 190 OF THE PUBLIC RECORDS OF IMAM LOT 1 IN BL PU% •0 CT ACC .;J , FL 10 PARK CT, ACC + `+.'NG TO THE ' T THER I, , AS RE • ' + !R IN E COUNTY, FL • IDA. + TO TTHE"';: ° ,AS RE • + R IN TB • 4, PAGE 190