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Home My WebLink AboutSubmittal-Ethan Wasserman-Declaration of Restrictive CovenantsThis instrument is prepared by (and after recording ) please return this instrument to: Ryan D. Bailine, Esq. Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Reserved for Recording submitted into thep blic kj record f r it m(s)� on City Clerk DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENT that the undersigned, Coconut Grove Gateway LLC, a Florida Limited Liability Corporation ("Declarant") hereby makes, declares and imposes on the land herein described, this Declaration of Restrictive Covenants (the "Covenant") running with title to the land contained herein, which shall be binding on Declarant, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Declarant is the fee simple title holder to certain properties located in Miami -Dade County, Florida, more particularly described on Exhibit "A" (collectively the "Property") attached hereto and incorporated herein; and WHEREAS, Declarant is seeking to rezone the Property from T3-0 to T4-0; and WHEREAS, Declarant proffers this Covenant in response to certain comments from (i) Planning staff regarding commercial uses on the southern half of the Property South of Day Avenue (collectively, the "South Parcels"); and (ii) the community regarding the affordability of potential new development on the Property, both North of Day Avenue (collectively, the "North Parcels") and on the South Parcels; and WHEREAS, Declarant declares certain restrictive covenants which shall burden the Property in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Declarant, the Declarant hereby creates and places the following covenants and restrictions on the Property: A. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. MIA 184832788v4 103�� Uft'A&\ — I- �U, A U9u\\ter 1rlr »,n �Plird�L1� 3, J)mitted into the p blic .s., Ord jor ite (s) + ,111 j City Clerk Declaralion of Restrictive Covenants B. Use Restriction. In connection with the City's consideration of a rezoning application for the Property, the Declarant hereby covenants that the South Parcels shall only be used for residential uses as defined in Miami 21 Section 1.1(a), and in accordance with the zoning and land use designations on the Property. C. Income Restriction. The Declarant hereby covenants that the Property will contain a minimum of fourteen (14) residential income restricted units: (i) a minimum of six (6) units are reserved for low to moderate affordable housing, which are households with incomes between forty percent (40%) and eighty percent (80%) of the area median income ("AMI") as determined by the City's Department of Community and Economic Development; and (ii) a minimum of eight (8) units are reserved for workforce housing, which are households with incomes between sixty-five percent (65%) and one hundred and forty percent (140%) of the AMI as determined by the City's Department of Community and Economic Development. D. Covenant Running with the Land. This Covenant on the part of the Declarant shall constitute a covenant running with the land and shall be recorded, at Declarant's expense, in the Public Records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned Declarant, and its heirs, successors, and assigns until such time as the Covenant is modified or released. These restrictions during their lifetime shall be for the benefit of, and be a limitation upon, all present and future owners of the Property and for the public welfare. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation. Upon the expiration of such thirty (30) year period, (i) the Income Restriction set forth in Section C above shall automatically terminate; and (ii) the Use Restriction set forth in Section B above shall be extended automatically for successive periods of ten (10) years each, unless released or modified in writing by the City Commission at a public hearing, after recommendation by the Planning Zoning and Appeals Board. Any release or modification, as approved by the City Commission, shall be in a form approved by the City Attorney. E. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate any covenant contained herein. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. This Covenant shall be construed and enforced in accordance with the laws of the State of Florida. F. Election of Remedies. All rights, remedies, and privileges granted herein shad be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. G. Severability. Invalidation of any one of these covenants, by Judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. MIA 1848:327E8v4 Submitted into the p blic record f r it m(s) _ On City Cleric Declaration of Re.r/riclive Covenants H. Recording. This Declaration shall be recorded in the Public Records of Miami -Dade County at the Declarant's expense. The City of Miami City Attorney at 444 SW 2"d Avenue, Miami, Florida 33130, shall be furnished a copy within thirty (30) days of recordation. SIGNATURE PAGE TO FOLLOW MIA 1848327$8v4 Submitted into the pylic record (or i! rn(s) 4, t on ; / City Clerk Declaration of Restrictive Covenants Signed, witnessed, executed and acknowledged this 2 Z --day of 110C'W, 2016. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE Coconut Grove Gateway, LLC, a Florida limitepia61lit compan 7� r Name: C` AW ti - ,J'yZ----fnk'/W Title: l tl 6-2 The forego nstrame t w cknowle d before me i day of� 2016 by d who is personally known to fne, or has produced 0 as identification and she acknowledged before me that he execu t e same, freely and voluntarily, for the purposes therein expressed. INa Notary Public, State of�� Commission No. RENE' R. ALDONZA MY COMMISSION t FF 110W •r, as EXPIRES: AWust 8, 2018 �( �y,,• Bonded TMv Notary PUNb Undontnitan MIA 184832788v4 Submitter) into thep� bltc record ;,l Im s} Lr ren- �� City Clerk Declaration of Resn'iclive Covenants Exhibit "A" Legal Descriptions NORTH PARCELS PROPERTY ADDRESS: 3875 DAY AVI= FOLIO No.01-4120-013-0090 LEGAL_ DESCRIPTON: LOT 11, REVISED PLAT PERCIVAL AND SANFORD SUBDIVISION OF PART OF THE SE 1 OF THE NE a OF SECTION 20, TOWNSHIP 54. SOUTH, RANGE 41 EAST, . ACCORD;NG TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 5 FEET, PER THE WARANTY DEED TO THE CITY OF MIAMI RECORDS IN O.R. BOOK 3684, PAGE 271 AND RE-RECORDED IN O.R. BOOK 4941, PAGE 402, ALSO LESS AND EXCEPT THAT PORTION OF SAID LOT 11 CONVEYED TO DADE COUNTY, 1N THE RIGHT OF WAY DEED RECORD IN O.R. BOOK 4146, PAGE 214, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, PROPERTY ADDRESS: 3865 DAY AVE FOLIO No.01-4120-013-0080 LEGAL_ DESCRIPTON: LOT 10, L=SS THE 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, PROPERTY ADDRESS: 3851 DAY AVE FOLIO No.01-4120-013-0070 LEGAL_ DESCRIPTON: LOT 8 AND 9, PERCIVAL AND SANFORD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, PROPERTY ADDRESS: 3841 DAY AVE FOLIO No.01-4120-013-0060 LEGAL DESCRIPTON: LOT 8 AND 9, PERCIVAL AND SANFORD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MIA 184832768v4 Submitted into the p lie record fQIV)on ! r- -. City Clerk Declaration of Restrictive Covenants SOUTH PARCELS PROPERTY ADDRESS: 3830 DAY AVE FOLIO No.01-4120-013-0030 LEGAL DESCRIPTON: LOT 14 AND 15,REVISED PLAT OF PERCIVAL AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI -DADS COUNTY, FLORIDA, PROPERTY ADDRESS: 3840 DAY AVE FOLIO No.01-4120-013-0020 LEGAL DESCRIPTON: LOT 14 AND 15,REVISED PLAT OF PERCIVAL AND SANFORD SUBDIVISION, ACCORDING TO THE 'PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PROPERTY ADDRESS: 3850 DAY AVE FOLIO No.01-4120-013-0010 LEGAL DESCRIPTON: LOT 13, LESS THE NORTH 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PROPERTY ADDRESS: 3860 DAY AVE FOLIO No.01-4120-013-0100 LEGAL DESCRIPTON: LOT 12, LESS THE NORTH 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MIA 18483_"88v4