HomeMy WebLinkAboutSubmittal at PZABThis instrument was prepared by:
Melissa Tapanes Llahues, Esq.
Bercow Radell Fernandez & Larkin, PLLC
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
I
ubmitted Into The Record 12 q�
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANT
This Declaration of Restrictive Covenants (the "Declaration") made this day of
2017, by MIAMI-DADE COUNTY COMMUNITY ACTION AND
HUMAN SERVICES DEPARTMENT (hereinafter referred to as the "Owner") and
PLATFORM 3750, LLC (hereinafter referred to as the "Tenant"), is in favor of the CITY
OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter
referred to as the "City")
WHEREAS, the undersigned Owner holds fee simple title to certain real property
located at 3750 S. Dixie Highway in Miami, Florida, which is identified by Miami -Dade Tax
Folio No. 01-4120-013-0010, and legally described as follows:
Tract A, of SIMBER SUBDIVISION, according to the Plat thereof, recorded
in Plat Book 64, Page 31, of the Public Records of Miami -Dade County,
Florida. TOGETHER WITH Lots 1 through 4, inclusive, of PERCIVAL PLAT
REVISED, according to the Plat thereof recorded in Plat Book 1, Page 140,
of the Public Records of Miami -Dade County, Florida; LESS any portions
thereof previously conveyed for Public purposes.
hereinafter referred to as the "Property."
WITNESSETH
WHEREAS, the Owner and Tenant sought and obtained a rezoning pursuant to
Ordinance No. for the Property; and
Declaration of Restrictive Covenant Page
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WHEREAS, the Owner and Tenant are desirous of making a voluntary binding
commitment to assure that the Property shall be developed in accordance with the
provisions of the Declaration herein.
NOW THEREFORE, the Owner and Tenant voluntarily covenant and agree 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 and Tenant
of the Property, and their heirs, successors and assigns as follows:
Section 1. 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.
Section 2. The Owner and Tenant hereby make the following voluntary
declarations running with the land concerning the use of the Property:
1. The Property shall be substantially developed in accordance with the plans
entitled "Platform 3750," as prepared by Kobi Karp Architecture and Interior
Design, Inc. and JFS Design, Inc. consisting of 50 sheets date stamped
received by the Department of Planning and Zoning on 11/2012016.
2. The Property shall be developed in compliance with Section 2-11.15 of the
Miami -Dade County Code of Ordinances, entitled Works of Art in Public
Places.
3. Tenant shall implement and maintain Florida Friendly Landscaping's Best
Management Practices (BMPs), including fertilization, irrigation and
mulching, as defined and outlined by the University of Florida's Institute of
Food and Agricultural Sciences (UF/IFAS) Extension for the courtyard's
landscape wall.
Secti o n -Town s h ip-Range: 20-54-41
Folio Number: 01-4120-013-0010
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4. Twenty percent (20%) of the total number of units developed on the
Property shall be dedicated to workforce housing, meaning those dwelling
units with a sale, rental or pricing that is restricted to households whose
income is within the workforce housing target income range of sixty five
percent (65%) to one hundred forty percent (140%) of the most recent
median family income for Miami -Dade County pursuant to Article XIIA of the
Miami -Dade County Code of Ordinances.
5. The workforce housing units provided on the Property shall be interspersed
throughout the building and generally consist of the same features and
amenities as the market -rate units on the Property.
6. Tenant shall require its general contractor to work with CareerSource South
Florida or successor agency (or similar agency), which will place
unemployed and underemployed community residents with sub -contractors
working at the Property.
7. To reduce its parking footprint, Tenant shall have space dedicated to a
carsharing service on the Property.
8. During construction, the Owner and Tenant shall use best efforts to relocate
the Frankie Rolle Center to a location accessible to the community it serves.
9. Tenant shall diligently work to promote the use of Metrorail as well as the
proposed Underline linear park, if and when completed.
10.As the existing pedestrian bridge located on the Property is currently
underutilized due to poor design, Tenant will work with Miami -Dade Transit
(MDT) and Owner to re -design the pedestrian bridge to Metrorail into a more
open concept in the event MDT and/or Owner allows redevelopment of said
pedestrian bridge, subject to approval from all permitting agencies and
available funding.
Section 3. Effective Date. This Declaration is effective at the date of execution
hereof. This instrument shall constitute a covenant running with the title to the Property
that shall be binding upon Owner and Tenant, their successors and assigns. These
Section -Township -Range; 20-54-41
Folio Number: 01-4120-013-0010
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restrictions shall be a limitation upon all present and future Owners and/or Tenants of the
Property and shall be for the public welfare.
Section 4. Term. This voluntary covenant on the part of the Owner and Tenant
shall remain in full force and effect and shall be binding upon the Owner and Tenant of
the Property, its successors in interest and assigns for an initial period of thirty (30) years
from the date this instrument is recorded in the public records and shall be automatically
extended for successive periods often (10) years, unless modified, amended or released
prior to the expiration thereof.
Section 5. Applicable Law & Venue; Attorney's Fees. Florida law will apply to
interpretation of this instrument. Venue in any civil actions arising under this instrument
shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees.
Section 6. Amendment and Modification. This instrument may be modified,
amended, or released as to any portion of the Property by a written instrument executed
by the then Owner(s) of the fee -simple title to the land to be affected by such modification,
amendment or release, providing that same has been approved by the City of Miami City
Commission after a public hearing which public hearing shall be applied for at the expense
of the Owner or Tenant. Upon approval of such modification amendment or release as
specified herein, the Director of the City of Miami's Planning Department or his successor
shall execute a written instrument in recordable form effectuating and acknowledging
such modification, amendment or release. Such instruments shall be in a form acceptable
to the City Attorney.
Section 7. Inspection and Enforcement. After notice and an opportunity to cure,
an enforcement action may be brought by the City by action in law or in equity against
any party or person violating or attempting to violate any covenants of this Declaration, or
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provisions of the building and zoning regulations, either to restrain violations or to recover
damages. The prevailing party in the action or suit shall be entitled to recover costs and
reasonable attorney's fees. This enforcement provision shall be in addition to any other
remedies available under the law. The award of attorney's fees to a prevailing party shall
not be used or enforced against the City of Miami.
Section 8. Severability. Invalidation of any one of these covenants by judgment
of Court shall not affect any of the other provisions of the Declaration, which shall remain
in full effect.
Section 9. Recording. This Declaration shall be filed of record among the Public
Records of Miami -Dade County, Florida, at the cost of the Tenant, and the City of Miami
Planning and Zoning Director will be furnished a recorded copy by the Tenant within thirty
(30) days of this Declaration being recorded.
[Signature Pages to Follow]
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
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ACKNOWLEDGMENT
Signed, witnessed, executed and acknowledged on this
2017.
WITNESSES:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
OWNER:
day of
MIAMI-DADE COUNTY COMMUNITY
ACTION AND HUMAN SERVICES
DEPARTMENT
Lucia Davis -Raiford, Director
Overtown Transit Village
North Building, 101h Floor
701 NW 1St Court
Miami, Florida 33136
The foregoing instrument was acknowledged before me by Lucia Davis -Raiford,
the Director of MIAMI-DADE COUNTY COMMUNITY ACTION AND HUMAN
SERVICES DEPARTMENT, on behalf of the political subdivision of the State of
Florida. She is ❑ personally known to me or ❑ has produced as
identification.
Witness my signature and official seal this day of
in the County and State aforesaid.
Notary Public State of Florida
My Commission Expires:
Print Name
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
2017,
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ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this day of ,
2017.
WITNESSES:
Signature
Print Name
Signature
Print Name
TENANT:
PLATFORM 3750, LLC
Leon Wolfe, Vice President
2100 Hollywood Boulevard
Hollywood, Florida 33020
STATE OF FLORIDA COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by Leon Wolfe, the Vice
President of PLATFORM 3750, LLC, on behalf of the corporation. He is ❑ personally
known to me or ❑ has produced as identification.
Witness my signature and official seal this day of
in the County and State aforesaid.
Notary Public State of Florida
My Commission Expires:
Print Name
Section -Township -Range: 20-54-41
Folio Number: 01-4120-013-0010
2017,