HomeMy WebLinkAboutSubmittal-Bill Riley-Exhibit-Declaration of Restrictive CovenantsPrepared by:
Name: William W. Riley, Jr., Esq.
Riley I Villa Attorneys at Law
Address: 1671 NW 16 Terrace
Miami, Florida 33131
Submitted into the pub is
recordor it m(s) Z,. 1j
on City Clerk
After recordation, Send Certified Copy to:
Zoning Administrator
444 SW 2nd Avenue,
4' Floor
Miami, FL 33130
DECLARATION OF RESTRICTIVE COVENANTS
(Affordable and/or Senior Housing and Workforce Housing Use Restriction)
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of , 2017, 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
"Property");
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:
? � :+F•d imo the public
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 3.16, 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. 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.
4. 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 2"d Ave, 4t' Floor, Miami, Fl. 33130 within ten (10) days of
recordation.
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Submitted into the public
recordor it s) ,
on City Clerk
4. 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.
5. Inspections and Monitoring. 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.
6. 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.
7. 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
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Submitted iiito the publiq
record f r ite (s) _ALL_
0, T1 ___ L,51 L. City Clerk
this section and be recorded in the Official Public Records of Miami -Dade County, Florida to be
valid and effective.
8. 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.
9. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Owners, no later than ten days after acceptance
by the City. In the event a court of competent jurisdiction rescinds or quashes this approval, it is
expressly understood that this Declaration is 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. 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 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]
IN WITNESS WHEREOF, the undersigned has duly executed this Declaration this
day of , 2017
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TWO WITNESSES FOR EACH OWNER(S): OWNER
By:
Print Name:
By:
Print Name:
STATE OF FLORIDA
By:
Print Name:
Submitted into the publ*
record fpr ite (s) — _ L
on 5! 1 , City Clerk
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _th day of [Month], 2017
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:
EXHIBIT "A"
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Submitted into the publi�
record��°r itfm(s)
on/�,S/ �i� City Clerk
LEGAL DESCRIPTION
[Legal description of the Property]
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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 Number#: 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
Folio Number#: 01-4138-003-3130
778477
Page 7 of 8
Submitted iP.to the pubh
record fr ite s)
on
5 IS Citv Clerk
Address: 876 NW 1 Street
Folio Number#: 01-4138-003-3150
Address: 29 NW 9 Avenue
Folio Number#: 01-4138-003-3140
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Submitted into the publi
record II,qr ite i s} _
on — i I � . City Clerk