HomeMy WebLinkAboutExhibit BPrepared by:
Name: William W. Riley, Jr., Esq.
Riley I Villa Attorneys at Law
Address: 1671 NW 16 Terrace
Miami, Florida 33125
After recordation, Send Certified Copy to:
Zoning Administrator
444 SW 21 Avenue,
4'' Floor
Miami. FL 33130
THIS DOCUMENT IS A SUBSTITUTION.
ORIGINAL CAN BE SEEN AT THE END
OF THIS DOCUMENT.
DECLARATION OF RESTRICTIVE COVENANTS
(Affordable and/or Senior Housing and Workforce Housing Use Restriction)
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration"), made this
29th day of January, 2018, in favor of the City of Miami, Florida
WITNESSETH:
WHEREAS, the undersigned Owners ("Owners") hold fee simple title to certain
properties in the City of Miami, Florida, located at 40 and 36 NW 8 Avenue; 824, 826, 834, 842,
852, 860, 868, and 876 NW 1 Street; and 29 NW 9 Avenue, Miami, Florida, legally described in
Exhibit "A" attached hereto and made a part (collectively referred to hereinafter as the
"Pro e ");
WHEREAS, the Owner is desirous of making a binding commitment to assure that the
Property shall be maintained in accordance with the provisions of this Declaration.
NOW, THEREFORE, the Owners voluntarily covenant and agree that the Property
shall be subject to the following restrictions that are intended and shall be deemed to be
covenants running with the land and binding upon the Owners, its successors in interest, heirs,
vendees, and assigns, as follows:
File No 3148
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1. Recitals. The recitals and findings set forth in the preamble of this Declaration
are true and correct and are hereby adopted by reference thereto and incorporated herein as if
fully set forth in this Section.
2. Use. Future use of the Property shall be restricted to a single, uniform
development program. The proposed development program is intended to include one or more,
but is not specifically limited to, the following uses: (1) general retail, (2) retail grocery, (3)
residential and (4) customary ancillary uses including off-street parking. In the event that the
Owners seek development incentives pursuant to Section 3.15, Article 3 of the Miami 21 Zoning
Code, as amended, then Owners shall commit all residential units within the development
program as affordable and/or senior housing and workforce housing. As used herein, the terms
"affordable housing" and "workforce housing" shall have the same meaning as set forth in
Section 1.2, Article 1 of the Miami 21 Zoning Code, as amended, and by any successor Zoning
Ordinance of the City, as applicable.
3. Affordable Housing Contribution. Owners have voluntarily proffered a
monetary contribution to the City in the amount of five hundred thousand ($500,000.00) dollars
as a funding source to improve the affordable housing stock within the City's jurisdictional
boundaries. The monetary contribution, which the City has agreed to accept, shall be paid by
Owners to the City prior to site plan approval for the Property. This contribution shall be payable
from Owners to the City's Affordable Housing Trust Fund and the use of said funds shall be
restricted to the geographical boundaries of District 3 of the City of Miami. The City may, at its
sole discretion, reappropriate said funds to City departments and/or agencies created in the future
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to address the affordable housing needs within District 3 of the City, such as but not limited to an.
Affordable Housing Department,
4. Covenant Running with the Land. This instrument shall constitute a covenant
running with the land and shall be made binding upon Owners, their successors and assigns.
These restrictions shall be a limitation upon all present and future Owners of the Property.
5. Effective. This instrument shall become binding on the Property upon
recordation in the Public Records of Miami -Dade County, Florida. The Owner shall promptly
record this instrument within ten (10) days of acceptance by the City at their cost and expense
and provide a certified copy of the recorded instrument to the City of Miami Office of the
Zoning Administrator, 444 SW 2nd Ave, 4"' Floor, Miami, Fl. 33130 within ten (10) days of
recordation.
6. Term of Covenant. This voluntary covenant on the part of the Owners shall
remain in full force and effect and shall be binding upon the Owners of the Property, its
successors in interest and assigns and shall be binding upon them 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 of ten (10) years, unless modified, amended or
released prior to the expiration thereof.
7. Ins cetions and Monitorin 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 to determine whether the conditions of
this Declaration and the requirements of the City's building and zoning regulations are being
complied with.
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8. Enforcement. An action to enforce the terms and conditions of this Declaration,
including failure to record the Declaration, may be brought by the City of Miami 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 City Code, building and zoning regulations,
either to restrain violations or to recover damages. This enforcement provision shall be in
addition to any other remedies available under the law. Each party shall bear their own attorney's
fees.
9. Modification, Amendment Release. This Declaration of Restrictions may be
modified, amended or released as to the land herein described, or any portion thereof, by a
written instrument, in recordable form, executed by the then owner(s) of the Property, approval
of the City Zoning Administrator, and approved by the City Attorney as to legal form and
correctness. Any modification, amendment or release shall include the signatories included in
this section and be recorded in the Official Public Records of Miami -Dade County, Florida to be
valid and effective.
10. 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.
11. Recording. This Declaration shall be filed of record among the Public Records of
Miarni-Dade County, Florida, at the cost of the Owners, no later than ten days after acceptance
by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department
of Hearing Boards within ten (10) days of recordation. In the event a court of competent
jurisdiction rescinds or quashes this approval, it is expressly understood that this Declaration is
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void and of no legal force and effect and that the Owner and/or his assigns and successors may
file and record any documents which are necessary to void the legal effect of this Declaration.
[Signatures on the Following Pages]
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IN WITNESS WHEREOF, the undersigned has duly executed this Declaration this 29th
day of January, 2018
TWO WITNESSES FOR EACH OWNER(S): OWNER
By:
Print Name:
By:
Print Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
By:
Print Name:
The foregoing instrument was acknowledged before me this 29' day of January, 2018 by
. (S)He personally appeared before me, is [ ] personally
known to me or [ ] produced as identification.
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
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Address: 40 NW 8 Avenue
Folio Number#: 01-4138-003-3040
Address: 36 NW 8 Avenue
Folio Number#: 01-4138-003-3050
Address: 26 NW 8 Avenue
Folio Number#: 01-4138-003-3060
Address: 824 NW 1 Street
Folio Number#: 01-4138-003-3070
Address: 826 NW 1 Street
Folio Number#: 01-4138-003-3080
Address: 834 NW 1 Street
Folio Nuinber#: 01-4138-003-3090
Address: 842 NW 1 Street
Folio Number#: 01-4138-003-3100
Address: 852 NW 1 Street
Folio Number#: 01 4138-003-3110
Address: 860 NW 1 Street
Folio Number#: 01-4138-003-3120
Address: 868 NW 1 Street
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Folio Number#: 01-4138-003-3130
Address: 876 NW 1 Street
Folio Number#: 01-4138-0033150
Address: 29 NW 9 Avenue
Folio Number#: 01-4138-003-3140
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EXHIBIT B
Prepared by:
Name: William W. Riley, 7r., Esq.
GrayRobinson, P.A.
Address: 333 SE 211 Avenue, Suite 3200
Miami, Florida 33131
After recordation, Send Certified Copy to:
Zoning Administrator
444 SW 2nd Avenue,
41 Floor
Miami, FL 33130
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DECLARATION OF RESTRICTIVE C1ANTS
ANTS
(Affordable and/or Senior Housing and Workforceg Use Restriction)
THIS DECLARATION OF RESTRICTIVE COVE (the "Declaration"), made
this day of , 2017, in favor of the City df Miami, Florida.
WITNESSETH:
WHEREAS, the Owner hold fee simpl/tle to certain property in the City of Miami,
Florida, located at 40 and 36 NW 8 Avenue; 24, 826, 834, 842, 852, 860, 868, and 876 NW 1
Street; and 29 NW 9 Avenue, Miami, Fl9fida, legally described in Exhibit "A" attached hereto
and made a part (the "Pra e "), and so known as:
Plea see Exhibit "A" for Legal Description
WHEREAS, the Own is desirous of making a binding commitment to assure that the
Property shall be maintain in accordance with the provisions of this Declaration.
NOW, THERE ORE, the Owner voluntarily covenants and agrees that the Property shall
be subject to the f lowing restrictions that are intended and shall be deemed to be covenants
running with * land and binding upon the Owner(s), its successors in interest, heirs, vendees,
and assigns/as follows:
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1. Recitals. The recitals and findings set forth in the preamble of this Decl ation
are true and correct and are hereby adopted by reference thereto and incorporated rein as if
fully set forth in this Section.
2. Use. Future use of the Property shall be restricted to single, uniform
development site with use of the first two floors restricted to-one or mor of the following; (1)
neighborhood retail establishments, (2) oft-street parkin and (3) affordable and/or senior
housing and workforce housing. Uses above the seeonr&Iloor shall'. We restricted to one or more of
the following: (1) off-street parking and (2� a'fordable and/ r senior housing and workforce
housing. As used herein, the terms "affordable housing" a d,"Workforce housing" shall have the
same meaning as set forth in Section 1 Z Article 1 o he Miami 21 Zoning Code, as amended,
and by any successor Zoning Ordinance € f the Ci,' ;,as applicable.
3. Covenant Ruta rV, with the'L`. This :instrument -shall constitute a covenant
running with the land and shall be`':rxrade indig'"upon Owners, their successors and assigns.
These restrictions shall be a liinriat7an pO all pres6it and future Owners of the Property,
4`; Effective This instrument shall become binding on the Property upon
recordationm the Public Rec , ds of Miami-Dade County, Florida. The Owner shall promptly
record this instrurrient at err cost and expense and provide a certified copy of the recorded
instrument to the Cit} (=Miami Qffice of the Zoning Administrator, 444 SW 2nd Ave, 4"' Floor,
Miami, Fl. 33130 ithin thirty (30) days of execution.
4. erm of Covenant. This voluntary covenant on the part of the Owners shall
remain in 11 force and effect and shall be binding upon the Owners of the Property, its
succes ors in interest and assigns and shall be binding upon them for an initial period of thirty
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(30) years from the date this instrument is recorded in the public records an shall be
automatically extended for successive periods of ten (10) years, unless modifie , amended or
released prior to the expiration thereof.
S. Inspections and Monitoring. It is understood and agr ed that any official
inspector of the City of Miami may have the right at any time -during ormal working hours to
enter upon the Property for determining whether the conditions of this Declaration and the
requirements of the City's building and zoning regulations' are b lr1g„complied with.
6. Enforcement. An action to enforce the to and co iditions of this Declaration,
including failure to record the Declaration, may be Tiro ht by: the City of M,rami and may be by
action at law or in equity against':anyparty or p son violating or attempting to violate any
covenants of this Declaration or provisions of e .City Code; building and zoning regulations,
either to restrain violations dor Ito recover amages =This;.enforce°ment provision shall be in
r
addition to any other remedies available der lie law. Each party shall bear their own attorney's
fees.
7 Modifcation ndment Release. This Declaration of Restrictions may be
modified, amended or relea d as to the,.,.land herein described, or any portion thereof, by a
written instrument, 'in re c rdable ;form, executed by the then owner(s) of the Property, approval
of the City Zoning dninistrator, and approved by the City Attorney as to legal form and
correctness. Any odificaton, amendment or release shall include the signatories included in
this section be recorded in the Official Public Records of Miami -Dade County, Florida to be
valid and fective.
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8. Severability. Invalidation of any one of these covenants by judgyifull
Court
shall not affect any of the other provisions of this Declaration, which shall remaforce
and effect.
9. Recording, This Declaration shall be filed of record among th ublic Records of
Miami -Dade County, Florida, at the cost of the Owners, no later thi days after approval.
In the event a court of competent jurisdiction rescinds ox quashes t ' approval, it is expressly
understood that this Declaration is void and of no legal ford d effect and that the Owner
and/or his assigns and successors may file and recoicl any doe ents which are necessary to void
the legal effect of this Declaration.
day
TWO WJT1
By:
Print Name:
By: _
Print N
the
duly executed this Declaration this
S): OWNER
By:
Print Name:
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4/address
f ich zs;:82G NW 1 Street, Miami, Florida, and;
urriber 01-4138-003-30$0 and Legal Description attached hereto as
it "Aaof which is 834 NW 1 Street, Miami, Florida, and;
Number 01-4138-003-3090 and Legal Description attached hereto as
it "A"
6of which is 842 NW 1 Street, Miami, Florida, and;
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a. Folio Number 01-4138-003-3100 and Legal Description attached hereto
Exhibit "A" >
7. The address of which is 852 NW 1 Street, Miami, Florida, and;
a. Folio Number 01-4138-003-3110 and Legal Description attached hereto as
Exhibit "A" f
8. The address of which is 860 NW 1 Street, Miami, Florida, and;
a. Folio Number 01-4138-003-3120 and Legal Descripti attached hereto as
Exhibit "A"
9. The address of which is 868 NW 1 Street, Miami, Florid , and;
a. Folio Number 01-4138-003-3130/Legal
escription attached hereto as
Exhibit "A"
10. The address of which is 876 NW 1 Streetda, and;
a. Folio Number 01-4138-003-3150escription attached hereto as
Exhibit "A"
11. The address of which is 29 NW 9 A
a. Folio Number 01-413
Exhibit "A"
Miami, Florida, and;
3140 and Legal Description attached hereto as
In consideration of the issuance of erinits for the Property and for other good and valuable
consideration, the receipt and suf ciency of which are hereby acknowledged, Owner hereby
agrees to restrict the use of the Abject property in the following manner:
That the Property shall be p6nsidcred as one plot and parcel of land and that no portion of
said plot and parcel of 1 d shall be encumbered, mortgaged, sold, transferred, divided,
conveyed, devised or a§41gned separately, except in its entirety as one plot or parcel of land.
Covenant RunningAvith the Land. This Unity of Title on the part of the Owner shall
constitute a cove f running with the land and shall be recorded, at the Owner's expense,
in the public rec ids of Miami -Dade County, Florida and shall remain in full force and effect
and be bindin upon the undersigned Owner, and its heirs, successors and assigns until such
time as the ame is modified or released. The City of Miami Office of Zoning shall be
promptly rnished with a recorded copy of this Declaration within thirty (30) days of
This Unity of Title is to run with the land and shall be binding on all parties and all
is claiming under it for a period of thirty (30) years from the date this Unity of Title is
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recorded after which time it shall be extended automatically for successive periods of to
(10) years each, unless an instrument signed by the, then, owner(s) of the Property has be n
recorded agreeing to change the covenant in whole, or in part, provided that the Uni of
Title has first been modified or released in writing by the City of Miami.
Modification, Amendment, Release. This Unity of Title may only be modified, ended or
released as to the Property, or any portion thereof, by a written instrument exe ted by the,
then, owner(s) of the Property, including joinders by all mortgagees, if any provided that
the same is also approved in writing by the Zoning Administrator and the ity Attorney, as
to legal form.
Authorization for the City to Withhold Permits and Inspections. I he event the terms of
this Unity of Title are not being complied with, in addition to any ther remedies available,
the City is hereby authorized to withhold any further permi , and refuse to make any
inspections or grant any approvals, until such time as this Un' of Title is complied with.
Election of Remedies. All rights, remedies and privileges ranted herein shall be deemed to
be cumulative and the exercise of any one or more sha neither be deemed to constitute an
election of remedies, nor shall it preclude the party ex cising the same from exercising such
other additional rights, remedies or privileges.
Severabili . Invalidation of any one of these ovenants, by judgment of Court, shall not
affect any of the other provisions whic/shal emain in full force and effect.
(THE REMAINDER OF TH PAGE WAS INTENTIONALLY LEFT BLANK)
Signed, witnessed, executed and acknowledged on this day of
20__, at Miami, Florida.
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- -r,- - --
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(COUNTY OF MIAMI DADE)
I HEREBY certify that on this day before me, a Notary Public duly authori d in the state
and county named above to take acknowledgement, perso ally appeared
to be well own to be the
person(s) described in and who executed the foregoing instrument and I nowledged to and
before me that they executed said instrument under oath and fo the purposes therein
expressed.
WITNESS my hand official seal in the county and state
of , 20—.
Notary Public, State of Florida at Large
My commission expires:
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this day
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