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Home My WebLink AboutExhibit BPrepared by: Name: Ines Marrero-Priegues Holland & Knight, LLP 701 Brickell Avenue, Suite 3300 Miami, Florida 33131 After recordation, Send Certified Copy to: Zoning Administrator 444 SW 2nd Avenue, 41 Floor Miami, FL 33130 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration"), made this the day of July, 2018, in favor of the City of Miami, Florida ("City"). WITNESSETH: WHEREAS, the undersigned, 8th and 22nd Corporation, a Florida profit corporation, and 2126 Corp, a Florida profit corporation, (collectively referred to as "Owner"), hold fee simple title to certain properties in the City of Miami, Florida, located at 2109 SW 8th Street, 2124 SW 7th Street, 2126 SW 7th Street, and 2130 SW 7th Street, Miami, Florida, legally described in Exhibit "A" attached hereto and made a part (collectively referred to hereinafter as the "Property'); and WHEREAS, the Owner has filed an application to rezone portions of the Property as more specifically described in Exhibit "B" attached hereto and made a part hereof, from T4 -L to T5-0 (the "Application Property"); and WHEREAS, a maximum of 26 residential dwelling units may be built on the Application Property pursuant to the Property's current T4 -L zoning; and WHEREAS, the change in zoning of the Application Property from T4 -L to T5-0 will increase the maximum residential density of the Property by an additional 22 units; and 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 Owner voluntarily covenants and agrees that the Application 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: 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. District 3 Arts and Entertainment Trust Fund Contribution. Owner voluntarily proffers a monetary contribution to the District 3 Arts and Entertainment Trust Fund as a funding source to improve the arts and entertainment activities in Little Havana. The monetary contribution, totaling one hundred eighty-five thousand dollars ($185,000.00), which the City has agreed to accept, shall be paid by Owner in three (3) separate installments, as follows: (1) sixty-five thousand dollars ($65,000.00) to be paid to the City within 30 (thirty) days of the date of final approval by the City Commission of the Ordinance rezoning the Application Property to T5-0; (2) sixty thousand dollars ($60,000.00) to be paid to the City within twelve (12) months of the date of final approval by the City Commission of the Ordinance rezoning the Application Property to T5-0; and, (3) sixty thousand dollars ($60,000.00) to be paid to the City prior to the issuance of a Certificate of Occupancy for any development on the Application Property. 3. Affordable Housing Contribution. Owner voluntarily proffers a monetary contribution to the City in the amount of two hundred thousand ($200,000.00) dollars as a Page 2 of 10 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 Owner to the City prior to the issuance of a certificate of occupancy for the Application Property. This contribution shall be payable from the Owner 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, re -appropriate said funds to City departments and/or agencies created in the future to address the affordable housing needs within District 3 of the City, such as but not limited to a 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 Owner, its 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, 4th Floor, Miami, Fl. 33130 within ten (10) days of recordation. 6. 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 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 Page 3 of 10 automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 7. 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. 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 and the City Zoning Administrator and Director Planning after approval of the City Commission at a public hearing, which public hearing shall be applied for by, and be at the expense of, the then owner(s) of the Property. Any modification, amendment, or release of this Declaration will be subject to the approval by the City Attorney as to legal form and correctness. Any modification, Page 4 of 10 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 Miami -Dade County, Florida, at the cost of the Owners, no later than ten (10) days after acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City Office of Zoning. 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. 12. No Vested Rights. Nothing in the Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors, and assigns. Page 5 of 10 IN WITNESS WHEREOF, the undersigned has duly executed this Declaration this day of 52018 TWO WITNESSES FOR EACH OWNER(S) By: Print Name By: Print Name STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) gth and 22°d Corporation By: Print Name: Elias Akar, President The foregoing instrument was acknowledged before me this day of , 2018 by Elias Akar. 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: Page 6 of 10 IN WITNESS WHEREOF, the undersigned has duly executed this Declaration this day of 52018 TWO WITNESSES FOR EACH OWNER(S): 2126 CORP By: Print Name: By: Print Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) By: Print Name: Elias Akar, President The foregoing instrument was acknowledged before me this day of , 2018 by Elias Akar. 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: Page 7 of 10 CITY OF MIAMI: Approved: Francisco Garcia, Director of Planning Approved: Devin Cejas, Director of Zoning, Zoning Administrator Approved as to Legal Form and Correctness: Victoria Mendez, City Attorney Page 8 of 10 Exhibit "A" Property Lots 26 and 27, in Block 1 of "Brayandale" according to the Plat thereof, as recorded in Plat Book 9 at Page 86; and Lots 1 thru 9 in Block 8 of "West Shenandoah" according to the plat thereof, as recorded in Plat Book 9 at Page 130 of the Public Records of Miami - Dade County, Florida. Page 9 of 10 Exhibit "B" Application Property Lots 26 and 27, in Block 1 of "Brayandale" according to the Plat thereof, as recorded in Plat Book 9 at Page 86; and Lots 1 thru 3 in Block 8 of "West Shenandoah" according to the plat thereof, as recorded in Plat Book 9 at Page 130 of the Public Records of Miami - Dade County, Florida. Page 10 of 10