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HomeMy WebLinkAboutSubmittal-Steven Wernick-Declaration of Restrictive Covenant SUBTHIS DOCUMENT IS A SUBSTITUTION TO TH ORIGINAL. BACKUP ORIGINAL CAN BE SEEN This instrument prepared by AT THE END OF THIS DOCUMENT. and when recorded returned to: Steven J. Wernick, Esq. Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Miami, FL 33131 (Space Above For Recorder's Use Only DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made this day of , 2017, by 2247 NW 17TH AVENUE LLC, a Florida limited liability con (hereinafter, the "Owner"), in favor of the City of Miami, Florida, a municipality located within the of Florida (the WITNESSETH: WHEREAS, the Owner holds fee simple title to that certain real property located at 1900 Miami Court, Miami, Florida, identified as Folio No. 01-3136-002-0340, as legally described in Ex! "A" attached hereto (the "Property"); and WHEREAS, Owner submitted a rezoning application to the City to request a change in the transec zone designation of the Property from T6-8-0 to T6-12-0 (the "Application"); and WHEREAS, the City's professional Planning and Zoning staff prepared a favorable staff report i support of the Application based on its consistency with the Miami Comprehensive Neighborhood Plan an compliance with the criteria of Miami 21; and WHEREAS, on March 15, 2017, the Planning, Zoning, and Appeals Board voted unanimously t recommend approval of the Application per Resolution PZAB-R-17-018; and WHEREAS, on May 25, 2017, on second reading, the City Commission voted unanimously t approve the Application pursuant to Ordinance No. 13685, attached hereto, and made a part hereof, a Exhibit "B"; and WHEREAS, the City has identified increasing workforce housing as an important policy objective; and WHEREAS, Owner intends to redevelop the Property under the regulations of the new tr zone designation and will reserve a percentage of any residential units in the new development as wor housing units. NOW THEREFORE, the Owner, in order to assure the City that the representations made to City will be abided by the Owner, its successors or assigns, freely, voluntarily and without duress me the following covenants covering and running with the Property: FILE NO. A 03-7 42074772;1 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Workforce Housing Restriction Owner shall reserve a minimum of five percent (5%) of the tot number of multifamily residential units developed on the Property as workforce housing units, defined housing for households with an income of up to 140% of the area median income of Miami -Dade Courr as certified by the City of Miami's Department of Community and Economic Development. In the eves the Property is developed in a manner that exceeds the maximum floor area available under the T6. transect zone designation (approximately 266,963 sq ft), Owner shall reserve a minimum of fourtee percent (14%) of the total number of multifamily residential units on the Property as workforce housir units. 3. Effective Date. This Declaration shall constitute a covenant running with the title to the Propert and be binding upon Owner, its successors, heirs, 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 preserit and future owners of the Property and for the public welfare. 4. Term of Covenant. This Declaration on the part of the Owner shall remain in full force an effect and shall be binding upon the Owner of the Property, its successors in interest and assigns for initial period of thirty (30) years from the date this instrument is recorded in the public records and shall b automatically extended for successive periods often (10) years, unless modified, amended or released prio to the expiration thereof. 5. hlspection and Enforcement. It is understood and agreed that any official inspector of the C of Miami may have the right at any time during normal working hours to enter upon the Property for purpose of investigating the use of the Property, and for determining whether the conditions of t Declaration and the requirements of the City's building and zoning regulations are being complied with., action to enforce the terms and conditions of this Declaration may be brought by the City and may be action at law or in equity against any party or person violating or attempting to violate any covenants this Declaration or provisions of the building and zoning regulations, either to restrain violations or recover damages. This enforcement provision shall be in addition to any other remedies available under 1 law. 6. Amendment and Modification. This instrument may be modified, amended or released as to a portion of the Property by a written instrument executed by: (i) the owner(s) of the fee -simple title to 1 Property to be effected by such amendment, modification, or release, (ii) and the City after approval by t City Commission at a public hearing, which public hearing shall be applied for by, and be at the exper of the Owner. Any modification, amendment, or release of this Declaration shall be approved as to cont( by the Zoning Administrator, and as to legal form by the City Attorney in writing and must be recorded order to be valid and effective. 7. Severability_. Invalidation of any one of these covenants by judgment of Court shall not any of the other provisions of this Declaration, which shall remain in full force and effect. 8. Recording. This Declaration shall be filed of record among the Public Records of Miami -D; County, Florida, at the cost of the Owner. The Owner shall submit a recorded copy to the Zon Administrator at 444 SW 2°d Avenue, 4th Floor, Miami, Fl., 33130-1910 within thirty (30) days recordation. [ Signature Page Follows ] 42074772;1 IN WITNESS WHEREOF, written. WITNESSES: Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument 2017, by _ LLC, a Florida limited liability coi has produced (Official Seal) APPROVED AS TO LEGAL FORM AND CORRECTNESS: OFFICE OF THE CITY A By:_ Printed: 42074772;1 Owner has set his hand and seal effective of the date first above 2247 NW 17TH AVENUE LLC, a Florida limited liability company By: Name: Title: executed, acknowledged and delivered before me this day �_, as of 2247 NW 17th Avenu y, on behalf of the company. He/She is personally known to me o as identification. Name: Notary Public, State of Florida My Commission Number: My Commission Expires: ZONING ADMINISTRATOR By: Printed: Address 1900 NW Miami Court Legal Description: LOT 1, LESS THE NORTH 5 FEET FOOT STRIP LYING SOUTH AT SUBDIVISION, ACCORDING TO PAGE 158, OF THE PUBLIC RE EXCEPT THAT PORTION CONV PURPOSES AND MORE PARTICU Folio 01-3136-002-0340 THEREOF, AND LOTS 2 THROUGH 7, INCLUSIVE, AND A 1 D ADJACENT TO LOT 7, IN BLOCK 3, OF SAN JOSE, , 'HE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, A ORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS AN] ?YED TO THE CITY OF MIAMI FOR ROAD AND OTHE] ,ARLY DESCRIBED AS FOLLOWS: A PORTION OF LOTS 1 THRU 7 INCLUSIVE, AND A 15 FOOT STRIP LYING SOUTH A ADJACENT TO SAID LOT 7 IN BL DCK 3 OF "SAN JOSE" ACCORDING TO THE PLAT THEREO AS RECORDED IN PLAT BOOK 3 PAGE 158 OF THE PUBLIC RECORDS OF MIAMI -DAD COUNTY, FLORIDA LYING AND BEING IN THE NE 114 OF THE NE 114 IN SECTION 3 , TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA, MO PARTICULARLY DESCRIBED AS OLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/4, OF THE NE 1/4, OF SA SECTION 36; THENCE S89°58'07" FOR A DISTANCE OF 150.21 FEET TO A POINT, THEN S00001'53"W A DISTANCE OF 20.0 FEET TO THE POINT OF BEGINNING, SAID POINT BEI] ON THE WEST LINE OF SAID LOT 1 AND 5.15 FEET SOUTHWESTERLY OF THE ORIGINAL N. CORNER OF SAID LOT 1; THENCE S89°58'07"E, ALONG A LINE 5 FEET SOUTH OF Al PARALLEL TO THE ORIGINAL NORTH LINE OF SAID LOT 1, FOR A DISTANCE OF 145.00 FEI THENCE S 13058'1 9"W ALONG THE ORIGINAL EAST LINE OF LOTS 1 THRU 7 AND PROJECT] ONTO THE SOUTH LINE OF AFORESAID 15 FOOT STRIP, FOR A DISTANCE OF 336.95 FEET' A POINT OF INTERSECTION WITH A LINE THAT LIES 15 SOUTH OF AND PARALLEL WI' THE SOUTH LINE OF AFORESAI LOT 7; THENCE N89°58'07"W ALONG THE SAID PARALL LINE FOR A DISTANCE OF 4.31 FIE ET TO A POINT ON A NON -TANGENT CURVE CONCAVE' THE N.E. AND WHICH RADIUS E EARS N72034'46"E TO THE CENTER, HAVING A CENTR, ANGLE OF 31023'33" AND A RADIUS OF 50.00 FEET; THENCE NORTHERLY ALONG THE A] OF SAID CURVE A DISTANCE OF 7.40 FEET TOA POINT OF TANGENCY; THENCE N13°58' 19 ALONG A LINE 11.50 FEET WEST OF AND PARALLEL TO SAID ORIGINAL EAST LINE OF LO' 7 THRU 1, FOR A DISTANCE OF 2-)1.98 FEET TO A POINT OF CURVATURE WITH A CIRCULE CURVE CONCAVE TO THE S.W., SAID CURVE HAVING A CENTRAL ANGLE OF 103°56'26" Ar A RADIUS OF 25.00 FEET, THENCE NORTH AND NORTHWESTERLY ALONG THE ARC OF SA CURVE A DISTANCE OF 45.35 FEET TO A POINT OF TANGENCY; THENCE N89°58'07" ALONG A LINE 10 FEET SOUTH O AND PARALLEL TO THE ORIGINAL NORTH LINE OF SA LOT 1, FORA DISTANCE OF 101.15 FEET TO THE WEST LINE OF SAID LOT 1; THEN( N13058'19"E ON AND ALONG THE WEST LINE OFSAID LOT 1, FOR A DISTANCE OF 5.15 FEl TO THE POINT OF BEGINNING. 42074772;1 Exhibit B Ordinance No. 13685 42074772;1 E3 This instrument prepared by and when recorded returned to: Steven J. Wernick, Esq. Aker man LLP Three Brickell City Centre 98 Southeast Seventh Street Miami, FL 33131 coo , itk-di into tho public ,-Qc(5,d itnn-) Above For Recorswes Use Only) THIS DECLARATION OF RESTRICTIVE COVENANTS this "Declaration") is made day of 2017, by 2247 NW 17TH AVE LLC, a Florida limited Tial company (hereinafter, the "Owner"), in favor of the City of Miami COVENANTS this a municipality located w the State of Florida (the "City"). WITNESSE WHEREAS, the Owner holds fee simple title t3/that certain real property located at 1900 Miami Court, Miami, Florida, identified as Folio No, Y -3136-002-0340, as legally described in Ex] "A" attached hereto (the "Pro pea"); and ' WHEREAS, Owner submitted a rezo . application to the City to request a change in - 8! transect zone designation of the Propertyfrom F ,�mg -8-0 to T6-12-0 (the "Application"); and WHEREAS, the City's profoss/iona fanning and Zoning staff prepared a favorable staff r its in support of the Application based on its nsistency with the Miami Comprehensive Neighborhood 1, and compliance with the criteria of M:ia 2 1; and WHEREAS, on March 15, 017, the Planning, Zoning, and Appeals Board unanimously voted recommend approval of the Applic ,ption per Resolution PZAB-R- 17-018; and WHEREAS, the Ci s identified increasing workforce housing as an important policy objective; and �A WHEREAS, O;w7ier intends to redevelop the Property under the regulations of the new tram d ill ill zone designation anreserve a percentage of any residential units in the new development 'o workforce housing un;'s. NOW T REFORE, the Owner, in order to assure the City that the representations made to OW T City will be abi d by the Owner, its '!successors or assigns, freely, voluntarily and without duress ma w g the followin., venants covering and 'running with the Property: 1. ecitals. The foregoing recitals are true and correct and incorporated herein by reference. umber . Workforce Housing Restriction. Owner shall reserve a minimum of five percent (5%) of um in r of res total /ber of residential units developed on the Property as workforce housing units, defined 141607328; 1 7A, I V "Ibinitt"xi Into the put is )n c4yVer housing for households with an income of up to 140% of the area median income of Miami -Da' OUT as certified by the City of Miami's Department of Community and Economic Development. Y the the Property is developed in a man ner that exceeds the maximum floor area available u�1er the T( transect zone designation (approximately 266,963 sq ft), Owner shall reserve a minimum immum gz thirteen am half percent (13.5%) of the total number of residential units on the Property as workforce/ousing units. 3. Effective Date. This DeJaration shall constitute a covenant running ith the title to I Property and be binding upon Owner, its successors, heirs, and assigns upon re rdation in the Pub )e Records of Miami -Dade County, Florida. These restrictions shall be for the be fit of, and a limitati upon, all present and future owners of the Property and for the public welfare. 4. Term of Covenant. This Declaration on the part of the Owner remain in full force ss, effect and shall be binding upon the Owner of the Property, its success in interest and assigns for initial period of thirty (30) years fru� the date this instrument is recor#ed in the public records and sl be automatically extende4I for succe sive periods of ten (10) years, u ess modified, amended or Telex prior to the expiration thereof. 5. Inspection and Enforcem( of Miami may have the right at any purpose of investigating the use oJ Declaration and the requirements of An action to enforce the terms and c by action at law or in equity against of this Declaration or provisions of 1 recover damages. This enforcement the law, 6. Amendment and Modific any portion of the Property by a wri the Property to be effected by such by the City Commission at a public expense of the Owner. Any modifici to content by the Zoning Admini tr recorded in order to be valid and efe 7. Severability. Invaloation any of the other provisions o ,fthis De 8. Recording, County, Florida, at t Administrator at 44 recordation. ,it. It is understood a ed that any official cial inspector of the C !� ime during normaIwork' _ hours to enter upon the Property for I the Property, and for/determining whether the conditions of ti the City's building a d zoning regulations are being complied wi )nditions of this D aration may be brought by the City and may building " any party or Pers n violating or attempting to violate any covenai I to building and oning regulations, either to restrain violations or ,/ c 3rovision sha be in addition to any other remedies available un( :)n. T instrument may be modified, amended, or released as in men' pu ic executed by: (i) the owner(s) of the fee -simple title e ment�imodification, or release, and (ii) the City after approi , which ch b hearing shall be applied for by, and be at t n, amendment, or release of this Declaration shall be approved , and as to legal form by the City Attorney in writing and must any one of these covenants by judgment of Court shall not ration, which shall remain in full force and effect. TKis Declarati n shall be filed of record among the Public Records of Miami -D; Id Owner. The Owner shall submit a recorded copy to the Zon SA � e, 4th Floor, Miami, Fl., 33130-1910 within thirty (30) days [ Signature Page Follows ] (41607328;1)2 U Stibi-fiimcd into the pubh1c, recol d f* r 't I(S) ty IN WITNESS WHEREOF, he Owner has set his hand and seal effective of the first daI iabove first written. I WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was executed, ------------------------ -- 2017, by LLC, a Florida limited liability comany-, on or has produced p as lieer (Official Seal) APPROVED AS TO AND CORRE7C OFFICE OF Cr (41607328;1) 2247 NW 17TH AVENUE LLC, ��orida limited liability company By: Name: Title: nowledged and delivered before me this day f as of 2247 NW 17th e Aven I I of the company. He/She is personally known to q Name: Notary Public, State of Florida My Commission Number: My Commission Expires: ZONING ADMINISTRATOR By: Printed: Address 1900 NW Miami Court Legal Description: LOT 1, LESS THE NORTH 5 FEET FOOT STRIP LYING SOUTH Al SUBDIVISION, ACCORDING TO PAGE 158, OF THE PUBLIC Rf EXCEPT THAT PORTION CONN PURPOSES AND MORE PARTICL LIblllitt4C1 iljt(s tl . pttl t e record for itelll(s) _ ' Oil — Add Folio 01-3136-002-0340 THEREOF, AND LOTS 2 THROUGH 7, CLUSIVE, AND A ID ADJACENT TO LOT 71 IN BLOC 3, OF SAN JOSE, THE PLAT THEREOF, AS RECORD IN PLAT BOOK 3, . CORDS OF MIAMI-DADE COUN , FLORIDA; LESS Al EYED TO THE CITY OF MIAM FOR ROAD AND OTH LARLY DESCRIBED AS FOLLO S: A PORTION OF LOTS 1 THRU 7, INCLUSIVE, AND A 15 F OT STRIP LYING SOUTH A ADJACENT TO SAID LOT 7 BLOCK 3 OF "SVDADE ACCORDING TO THE PI THEREOF AS RECORDED IN PLAT BOOK 3 PAGE 15E PUBLIC RECORDS OF MIA DADE COUNTY, FLORIDA LYINGAND BEING IN THOF THE NE 114 IN SECTION TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIACOUNTY, FLORIDA, MC PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH SECTION 36; THENCE S89158'07' S00001'53"W A DISTANCE OF 20. ON THE WEST LINE OF SAID L, N.W. CORNER OF SAID LOT 1; T PARALLEL TO THE ORIGINAL FEET; THENCE S13°58'19"W ALi PROJECTED ONTO THE SOUTH 336.95 FEET TO A POINT OF IN' PARALLEL WITH THE SOUTH I THE SAID PARALLEL LINE FC TANGENT CURVE CO=T9 CENTER, HAVING A CENTRA NORTHERLY ALONG THE C TANGENCY; THENCE N13' 8' 19" SAID ORIGINAL EAST E OF POINT OF CURVATU WITH A HAVING A CENTRAL NGLE OF AND NORTHWEST Y ALONG A POINT OF TAN NCY; THEN PARALLEL TO E ORIGINAL FEET TO THE ST LINE OF SA LINE OFSAID OT 1, FOR A DIST (41607328;1) XOFAFORESAAID ORNER F THE NE 1/4, OF THE NE 114, OF SAI DIST CE OF 150.21 FEET TO A POINT, THENC TO T POINT OF BEGINNING, SAID POINT BEIM D 5 5 FEET SOUTHWESTERLY OF THE ORIGINA S8 °58'07"E, ALONG A LINE 5 FEET SOUTH OF AN E OF SAID LOT 1, FOR A DISTANCE OF 145.( ORIGINAL EAST LINE OF LOTS 1 THRU 7 AN AFORESAID 15 FOOT STRIP, FOR A DISTANCE C ION WITH A LINE THAT LIES 15 SOUTH OF AN AFORESAID LOT 7; THENCE N89°58'07"W ALON STANCE OF 4.31 FEETTO A POINT ON A NOT THE N.E. AND WHICH RADIUS BEARS N72034'46"E TO TH ,NGLE OF 31023'33" AND A RADIUS OF 50.00 FEET; THENC )F SAID CURVE A DISTANCE OF 27.40 FEET TO A POINT C E ALONG A LINE 11.50 FEET WEST OF AND PARALLEL T LOTS 7 THRU 1, FOR A DISTANCE OF 271.98 FEET TO CIRCULAR CURVE CONCAVE TO THE S.W., SAID CURV 103056'26" AND A RADIUS OF 25.00 FEET, THENCE NORT THE ARC OF SAID CURVE A DISTANCE OF 45.35 FEET T CE N89058'07"W ALONG A LINE 10 FEET SOUTH OF AN: VORTH LINE OF SAID LOT 1, FORA DISTANCE OF 101.1 ID LOT 1, THENCE N13058'19"E ON AND ALONG THE WES LANCE OF 5.15 I"EET TO THE POINT OF BEGINNING.