HomeMy WebLinkAboutSubmittal-Iris Escarra-Exhibit Bubmitted into the publi� l
rocord folite (s) • L.
cinCity Clerk
PZ 26
This instrument prepared b). and after recording return to:
Name: Iris V. Escarra, Esq.
Address: Greenberg Traurig, P.A.
333 SE 2nd Avenue
Miami, Florida 33 13 1
I Space re,ened ror Clerk of Cou I)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of , 2017, by 14th Street Development, LLC, a Florida limited
liability company, (the "Owner"), in favor of the City of Miami, Florida, a municipality of the
State of Florida (the "City")
WITNESSETH:
WHEREAS, Owner holds fee-simpl �- title to certain property in the City of Miami,
Florida, 1441 N Miami Avenue, Miami, Florida 33132, legally described in Exhibit "A"
attached hereto and made a part hereof (the "Property"); and
WHEREAS, Owner intends to develop the Property as a mixed-use residential building
with approximately 457 residential units and with a commercial area on the ground floor
pursuant to Zoning Ordinance 13114, as amended, of the City of Miami ("Miami 21") Section
3.14 Public Benefits Program; and
WHEREAS, Owner has agreed to satisfy the Public Benefits Bonus in accordance with
Miami 21 Section 3. 14.4 (a)(1)1 with the reservation of at least (a) ten percent (10%) of the total
number of residential units on the Property as workforce housing units, if the residential units are
Affordable/workforce 110LISMU on site of the development. For each square loot of afford able/xcorktorce housing (including pertaining shared
space such as parking and circulation) provided on site. the development shall be allowed thvo square feet of additional area up to the bonus
I Icight and ITR as described in Scction 3.14.1.
Submitted into is e publ -L 26
record for ite
LL—
on 11, 1 Jq I City Clerk
14`h Street Development, LLC Public Benefits Covenant
sold as condominium units, or (b) fourteen percent (14%) of the total number of residential units
on the Property as workforce housing units if the residential units are leased to tenants as an
apartment building; and
WHEREAS, workforce housing units shall be as defined in City Code Section 13-52 (the
"Units for Workforce Housing"); and
WHEREAS, Owner shall designate the specific Units for Workforce Housing and
identify the maximum purchase price(s) and/or maximum rental amounts through a workforce
housing covenant (the "Workforce Housing Covenant") to be recorded at such time as the Units
for Workforce Housing are identified, which must be no later than the completion of the design
of the building; and
WHEREAS, upon recordation of the Workforce Housing Covenant identifying the
specific Units for Workforce Housing, all other Property shall be released from this Declaration.
NOW, THEREFORE, Owner voluntarily covenants and agrees that the Property shall be
subject the following covenants that are intended and shall be deemed to be covenants running
with the land and binding upon the Owner of the Property, its successors in interest, heirs, and
assigns, as follows:
Recitals. 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.
II'orkforce housing shall mean. solely for purposes of this article. owner -occupied and/or rental housing with a purchase cost. value. or monthly
rental_ as applicable. equal to or less than the amounts established by the applicable standards for those individuals sshosc income is bcmeen 80
percent to 140 percent of area median income as determined by the City's Department of Cornnunit}and Economic Development in relation to
the affordable housing and workforce housing impact fee deferral program provided for in this article.
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Submitted into the pub 'c
record foj ite
on ( �ti I City Clerk
14`f' Street Development, LLC Public Benefits Covenant
2. Public Benefit Program: Workforce Housing Restriction. Owner has agreed to
satisfy the Public Benefits Bonus in accordance with Miami 21 Section 3.14.4 (a)(1) with the
reservation of the Units for Workforce Housing. The Units for Workforce Housing shall contain
design finishes consistent with the standard market rate units. Furthermore, Owner shall not
sell, lease, or otherwise convey any interest in the Units for Workforce Housing for any
consideration to a household with an income in excess of 140% of the area median income of
Miami -Dade County as determined by the Department of Community and Economic
Development. Upon recordation of the Workforce Housing Covenant identifying the specific
Units for Workforce Housing, all other Property shall be released from this Declaration.
3. Effective Date. This instrument shall constitute a covenant running with the title
to the Property and be binding upon Owner, its successors, heirs, and assigns upon recordation
by the Owner in the Public Records of Miami -Dade County, Florida. These restrictions shall be
for the benefit of, and a limitation upon, all present and future owners of the Property and for the
public welfare.
4. Term of Covenant. This voluntary covenant on the part of the Owner shall
remain in full force and effect and shall be binding upon the Owner, its successors in interest,
heirs 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 periods of ten (10) years,
unless modified, amended or released pursuant to this Declaration prior to the expiration
thereof. However, use restrictions regarding Units for Workforce Housing shall not exceed
thirty (30) years, commencing from the date of the Close -Out of the Project, which is in
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Submitted into the pub 'c
record fo ite s 7.
on City Clerk
14`x' Street Development, LLC Public Benefits Covenant
accordance with Florida Statute 420. Close -Out of the Project is defined as the date on which the
Project has obtained all of the required Certificate(s) of Occupancy and all Public Benefits Bonus
assisted Units have been leased to eligible tenants.
5. Applicable Law. The restrictions within this Declaration on the part of the
Owner are being made under the applicable laws of the City and of the State of Florida at the
time of the Effective Date.
6. Governing Law. The Agreement shall be construed in accordance with the laws
of the State of Florida and any proceedings arising between the parties in any manner pertaining
or relating to this Agreement shall, to the extent permitted by law, be held in Miami -Dade
County, Florida.
7. Inspection and Enforcement. 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 for the purpose of investigating the use
of the Property, and for determining whether the conditions of this Declaration and the
requirements of the City's building and zoning regulations are being complied with. An action to
enforce the terms and conditions of this Declaration may be brought by the City 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 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.
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Submitted into the pubUc 26
record for iter�(s)
on l 19 City Clerk
14`h Street Development, LLC Public Benefits Covenant
8. Amendment and Modification. This instrument may be modified, amended. or
released as to any portion or all of the Property only after occurrence of either (1) satisfaction by
other means permitted by Section 3.14 of Miami 21, including but not limited to payment into
the City of Miami Affordable/Workforce Housing Trust Fund as satisfaction of the Public
Benefit Program; or (2) a public hearing before the Planning Zoning and Appeals Board and the
City Commission. All costs associated with all public hearings shall be paid by the Owner. Any
amendment or modification approved by the City Commission shall be executed by the City
Manager, or his authorized designee, and be in a form acceptable to the City Attorney.
9. 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.
10. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Owner. The Owner shall furnish a certified copy
of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of
recordation.
11. No Vested Rights. Nothing in this covenant shall be construed to create any
vested rights whatsoever for the Owner, its successors, heirs, and assigns.
SIGNATURE PAGES TO FOLLOW
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Submitted into the public
record for ite s)
on I'l . City Clerk
14`h Street Development, LLC Public Benefits Covenant
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
, 2017.
Witnessed by: 14th Street Development, LLC,
A Florida limited liability company
Name:
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
By:
Terry Wellons, Authorized Manager
The foregoing instrument was acknowledged before me this day of
2017 by Terry Wellons, of 14'x' Street Development, LLC. 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:
it
Submitted into the publ�1.
recordQfi itei (s _
14°i Street Development, LLC Public Benefits Covenant on � City Clerk
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez,
City Attorney
APPROVED AS TO CONTENTS:
Francisco Garcia, Director
Planning and Zoning Department
Submitted into the public -
record fo ite �ll
onTCity Clerk
14`I' Street Development, LLC Public Benefits Covenant
Exhibit "A"
LEGAL DESCRIPTION:
Lot 2 in Olcacr. 16, -NORTH MIAMI", (also known os ROBBINS, GRAHAV l -NO CH'LLINGWOR11.1
58115=DN)
according to the Plot thereat, as regarded n ?tat Bock `A", at Pace 49 1/2,
Of tile='ublic Rocords of Micmi--Dcde County, Flo€''4o, less the West 14 tett of Solt} lot Z.
AN
The Most 1/2 Of the 10 foot wide allay, vacoted and reservad as a Ut'slily Easement by
the City of Miami Ordinance No. 13492 Reference 'MAS INDEX' 231-114, recwted august 2a.
2015 `n Offic6cl Records Hook 29757, Page 1685 and reccorded September 15, 2015 in
Official Records Book 29778, Page 3598, lying adjacent of Lot 2 in Block 15, of NORTtt
UTAMI, and being bound on the North by on extension of -.the Northerly boundary tine of
said Lot 2 =n Black. 16, to the East by 5 feet and being bound on the South by an
extension of the Southerly boundary line of soid Lot 2 in t loci 16, to the East by 5 feet
(also knows cs R0613INS, C;PiAAAM AND CHILLINGWORTH SUBDIVISION', ccrordiny to the Plat
thereaf, as recorded in Plot Book `A:", Page 49 1/2, of the Public Records of Miami -bode
County, Florida.
Lot 3 in Clock 16, "NORTH MIAMI',(also known as ROBBINS, GRAHAM AND CHILLINGWORTH
SUBDIVISION) according to the ?fat thereof, as recorded in Plot Book `A'. at Page 49 1/2,
of the Public Records of Miami -Dade County, Florida, less the West 10 feet of said Lot 3.
AND
The West 1/2 of the 10 foot wide alley, vacated and reserved as ❑ Utility Easement by
the City of Miami Grdirance No. 13492 Reference 'MAS tNr-1 i" 23H14, recorded Agagust 28,
2015 in Official Records Book 29757, Page 1686 ctrl recorded September16, 2015 in
Offieiai Records Bark 29778, Page 3598, lying adjacent of f.ot 3 in 91-oek 16, of NORTH
Mi4Ml, and being tmond on the North by an extension of the yarthoOy nounvlary line of
said Lot 3 en Block 16, to the East by 5 foot and being bund on the South by on
eaters -on of the Southerty tinundory ]ice of said Lot 3 in Block 16, to the east by 5 fact
(also known as ROBBINS. GRAffAM AND CHILLNG'WORTH SU3DIVfSIGN), according to tete Plat
thereof, as recorded in Plot Book `A", at Page 49 1/2, of the Public Records of
Miami -Dada County, Floridc-
• e• w a w•.__= t q
Lot 6 in Black 16, `NORTH MIAMI', (also }mown as ROBBINS, GRAHAM AND CHILLINGWORTH
5LIBINVISION) cccording to the Plat thereof, as recorded in flat Book "A', at Pane 49 1/2,
of the Public Records of Miami --Dade County, Floedo, less the West 10 feet thereof.
AND
"he `+Vest 1/2 of the 10 foot w"de alley, sacated and reserved us e Uti]i;y Easement by
the City of M cm= Ord'ncnce No. 13492 Pefotence NAS INDEX" 231-04, recorded August 28,
2015 it Official Records Book 29757, Pege 1886 and recorded Sapte€zhoer 15, 20'5 fn
GfGc:cl Recortfs Book 29778, Page 3598, lying acjacent of Lot 6 in Eicck 16, of NuRTH
VloWl, and heirg bound on the North by an extension as Lre Nonherh, bour,ccry line of
said _ot 6 in Flock 16, to the Last by 5 feet and being bound on the South by ❑n
extension of the Scuthery bourdory line of said Lot 6 in 9lock 16, to the Last by 3 feet
(also known a� ROBBINS, GRA�;AM AND CHILLiNGWOR H SUBDt'VISION), according to the Piot
thereof, as recorded in Plat Book "A", Page 49 1/2, of tie Puo]ic Recores of Miam=-IDoce
County, *IprVda.
.-ot 7 and the North 20 feet of L.at 10 <r Block. 16 of "NORTH WAlrll (❑'so known as
ROED'NS, GRA>4AM AND CHILL:NC'NORTi- SUEDWISION) occori ing to the Plat `.hereof, cs
recorded in Plat Bo-ok "A", at Page 49 1/2, of the Public liecordS of Viarni -Dole County,
Florida, fess the West 10 feet of said '_ot 7 and fur -,her less the West 10 feet of the
North 20 fee` cf said Lot. 10 in B°.ock lh;
4N�^
Submitted into the public
record fi r it (s) LAJ"
Street Development, LLC Public Benefits Covenant on 1 14 1 Cit, Clerk
The 1/2 of '-he 10 ttwl aide -Vey, -.-Jcalf-a and 'eaisrviBA 1:7. c, U-jlilct Ebwwrier", cy
Of MiQr-li Offt---Mn NO. 134-92 wnicrence- 'KAS �NGE'X' 23f11-4, (e,-.Wod AL--qus' ' 28.
2L)15 in C)(['-,.iLji kor-ords -3,�ok 2-ar,57, Page 1656 c -,d eAc--o--=ed SLpturnber 16, 205
Ofj7ci"�l ardr I& Fuge 35GRB, I-iiinQ -ant A� '-,v
_ Pei; 2 -:iv k 2'91'. o�jo, I Lol. ori: t�c Nd. ,- feet of
Lot 11 in fflo6c 16, of NORD- Wt 041, and taing 60Lnd an the North by cri e-Atvnelor of
the No-tFnrly boun,!-arr.- line of Braid Lot 3 it 91cck 16, '!o East bo! n- 'RA r art b -in
bOL-id an the %!,=jth by an extonaicin of the &;,,,Ohortje tcune=ry :iry Of he Nor -1h 2C '.QG-t
cl wio Lilt IQ ';n Bizx* 76, to 'he Lost by 5 feet (z:'3o irro-ovr ca TOOMS, yCD
CHIII,°NIGWORTH, SLIWMSION), ixxorciing to LI -e P" at thoret-ci', cs nscordel s,n Pas Bonk '- 0,1
Page 4,9 './ , 2, of the Pub,jt; H4,r;,.)rd!s of Wami-ripcie Cour lly.
A 9 9 4¢ - * a, OF * W - *
Lot 5 in Ploc'x. 16, '001WH MiAW', (ule* knowrt as BOBBINS. GRAAAM AWO CHILUNGWORIIJ.
!,'1JGNW115Y3N) fjrtording V3 the Plot thereof, as ftitordt7d in Pxit Bmk 'A' at Pu,4e 49 112,
of the Public Records of Wimi-r-ade Courity, Florida.
AroD
7h,e East 1/2 of the 10 t s>t wide aVey, ,,acclnd arm ret -el -mil as a UTTAY Easerrent by the
City P1 Miami Ord"rcincte No. 134192 Reergrce IMA,13 INDEX' 23f,114, fecord'oo Augast 28,
2015 it, Offmicva R*,cvda Book 29757, Wage 115156 and recorded Septerntle- 16, ZOIS in
,Official Rorda Fook 29778, Pqge 35 8, tji-tai oc]kicent or Lot 5 gn 9 k If5, of WRTH
VW,hil, -Ind bang bould un the North by ors gxtiun3ion or the Northerly hour -dart' Nne o(
uoid Lot 5 in 9,wk 16to the Weat by 5 fjp--t and be;nq bound on Vve Spulh by an
e)dcinsion of the tiuthary boon amrt' line of sa�d Lot 5 in 131ork, 16, to tfle Weft try 5 f --;--,t
(also kriown cs ROBBINS, GFN-isku MD VHILLNOWORni SUE 50TVISION), according. to bhe Flat
th-vnwsf, as recordee in Plat Book 'A' ot PaNe 49 1/2. of the Put�7ic Kvwrds
V,im-Code Ccwnty. Florida.
* 4 a 2 4. V W * # * a T *
Lcit 8 -n Ellurk 15. "14C Til WAW-,ciso known or., FGOES N5, GRAHAM AND CHIULOWNORTH
SJ8C,VI5JCN) zncrordinq to VIA Ptat Vnereal. on raccrded ir, Plot Roo ic W at Poqt 49 112,
•7,4 th* PubG-- Recc=d* of Warni-Oude Cowrty, Florida,
ANG
The Ei:;t 1/2 -z' 0<1 10 foot wi6e eil(Py, var--31ed, ond rnnerved cis a Utility foseme.-TI, t -y Vic
Z;ity of Miarr' '-eTricncn No. I-3AW 4e4&rence 'MA4$ `rdCEX® 231114, rocarded Au;,jSt
2015 in &R.-iol Rrc--r:ls Elook 2975:7, P-39tt 1154",! :.std 16, 2015; ;�l
Re;,girds Ro---r. 29)78, Pace 3,79-0, lytriq r7,1 fncenl 0 lixt 8 in Ellotk 16, rf N091H
M1414i, and beinq bt7^,ind or, the W-ai-th try c+•A.: r, C� !i o` "he b,-�jnda-y lir-pt a'
5rd I-ol. 6 in 13�fick 16, to khil 'West: wy 5 resat cir4 heing bowed or, the Scsjth by an
nxfen5i0f% of tt-,c "untary firte or sold Lot 8 ---1 SMA -,k If, to the 'Was! vy 5 rue
1* -1 a r ';? R)AF
�ialqo kno* , Rr-.�30INS�, C J40M AND ('HjLHNG'W1WF?71 15 I(VISION), oc:-*r&ng to the Plivl
l:hn-nof, cs rtorda-,l �n c4cf, Eiex*4: A" ct Poye 49 112, of tt}#j F'jhlic Records tit
11, 0 * IF 7 - 0 * A I W 4 . .
I
Submitted into the public
record fo ite (s) Q . �, 6
onTjq City Clerk
14'h Street Development, LLC Public Benefits Covenant
s • • • s • M • • ! s s s .
Lot 12 im 16, NCAN 4aW, (atso known an ROMM. GRWAM AND Ci ONOM
AND
E