HomeMy WebLinkAboutExhibit B-SUBTHIS DOCUMENT IS A SUBSTITUTION TO
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This instrument prepared by
and when recorded return to:
Elinette Ruiz -Diaz de la Ponilla, Esq,
Saul Ewing Amstein & Lehr LLP
200 S. Biscayne Blvd., Suite 3600
Miami, Florida 33131
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
The undersigned owners, Caroline Weiss, individually, 7 at Blue Lagoon (1), LLC, and 7
at Blue Lagoon (2), LLC (collectively, "Owner") of the following described real property (the
"Property"), lying, being; and situated in the City of Miami, Miami -Dade County, Florida, and
more particularly described in Exhibit "A", in order to assure the City of Miami ("City") that the
representations made to them by the Owner in connection with that certain public hearing
application for an amendment to the Zoning Atlas (the "Application") will be abided by the
Owner, their heirs, successors or assigns freely, voluntarily and without duress. The Application
consists entirely of +( 6.8999 acres of Uplands and the adjacent submerged lands are not part of
the Application. Owner make the following Declaration of Restrictive Covenants ("Declaration")
covering and running with the Property:
(1) Site Plan. The Property will be developed substantially in accordance with that
certain plan as prepared by Kobi Karp Architecture & Interior Design, Inc.,
entitled "Towers at Blue Lagoon, dated, August 16, 2018 consisting of (54)
sheets, dated stamped received by the City of Miami Heraing Boards on August
20, 2018 (the "Project"). Upon approval of the Application, Owner will submit an
application for any other necessary ,zoning approvals in accordance with all
applicable laws and permitting procedures. The site plan referenced above is
subject to the Miami 21 Code, as well as all other applicable regulations, and is
submitted solely in connection with the Application and not for any particular
zoning entitlement.
(2) Height Limitation. The height of any structure or other improvement on the
Property shall be limited to no more than one -hundred sixty (160) feet, Mean Sea
Level (MSL).
J Floor Lot Ratio Limitation Owner will not exceed the maximum Floor Lot
Ratio FLR), as defined by Miami 21. of 6.25 allowed as of right.
(3-ftblic Benefits. The Owner hereby proffers the following public benefits,
subject to the conditions precedent in Section 4 of this Declaration, in connection
with the Application:
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(a) Job Creation and Employment Opportunities. Priority hiring shall be
given to those individuals residing in the Project area and surrounding
neighborhoods in the following priority:
(i) 1 st Priority: Those residing in the following ZIP codes in the City:
33125, 33126, 33127, 33142, and 33136.
(ii) 2nd Priority: Those residing in all other areas of the City.
(b) Affordable, Workforce, and Market -Rate Housing. The Project shall
provide:
(i) Affordable Housing (up to 60% of Area Median Income) li] an
amount of 6% of the Project which equals 53 units.
(ii) Workforce Housing (between 80% and 140% of Area Median
Income) in an amount of 10% of the Project which equals 84 units.
(iii) Market -Rate Housing in an amount of 84% of the Project which
equals 751 units.
All housing types will be interspersed throughout the Property and will
enjoy generally the same amenities and features as the Market -Rate units
located on the Property. Owner will abide by all applicable laws pertaining
to Affordable and Workforce Housing for those units designated as such.
(c) Financial Su art for Antonio Maceo Park. Owner shall snake the
following one-time donations to the City for use at Antonio Maceo Park,
located at 5135 and 5151 NW 7 Street, Miami, Florida 33126 (the "Park"):
(i) One -hundred fifty thousand dollars ($150,000) for the renovation
of, and improvements to, the Park consistent with the principles of
Crime Prevention through Enviroiunental Design (CPTED). The
design for said improvements shall be reviewed and approved by
the Planning Department in conjunction with the Parks Department
and Office of Capital Improvements.
(ii) Sixty thousand dollars ($60,000) for general improvements,
including but not limited to landscaping and lighting, at Antonio
Maceo Park and the adjacent public right of way to same, as
determined by the Directors of the Department of Parks &
Recreation and the Department of Public Works.
(iii) Twenty thousand dollars ($20,000) for an Arts for Seniors program
for seniors at the Park which shall be expended in accordance with
Section 62-661(1)(d) of the City Code.
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(d) Traffic Improvements. rovements. The Owner- will construct riglit-of-way
improvements along the project entrance from NW 7 Street in substantial
compliance with Sheets A3.00 of the Project plans. Such improveanents
shall include but not be limited to:
(i) Creation of a new access roadway with a painted median, one (1)
lane of ingress and two (2) lanes of egress along; the north -south
portion of the NW 7 Street entrance beginning at its terminus at
NW 7 Street;
(ii) Creation of two (2) lanes of ingress and one (1) lane of egress
along the east -west portion of the NW 7 Street entrance between
the Blue Lagoon Ceras Condominium ("BLU) gate access and
the north -south portion of the NW 7 Street entrance; and
(iii) Installation of sidewalks- a continuous sidewalk aloe
the driveway from the intersection of NW 7 Street and Blue
Lagoon Airport Drive leading up to the property line --of BLC, and
new crosswalks with differentiated surfaces designed to calm
traffic speeds and assist in pedestrian circulation in substantial
compl i ance with Sheets L 1.00, L 1, 01, L 1.01 a, L2.00, and L 1.03 .
iv The Owner will incorp rte the existing Royal Palms currently
along a proiect entrance fi-om NW 7 St. into its elan ct to
he sustainability of said tree c mfiance with Miami 21 and all
applicable laws.
v)_ Owney will place BLC sianaae along NW 7 Street. upon
consultation BLC regarding same. BLC signage wiI laced
to ter with s for the Property, ubject to compliance with ` mi
21 and all applicable laws.
(e) Provision for Trolley Stop. The Owner will seek the necessary approvals
to extend City of Miami trolley routes into the Property. If the extension of
such routes is approved by the City, the Owner will, at their sole cost,
construct the improvernents necessary to provide a trolley stop within the
Property in substantial compliance with Sheets A2,00 and A3.00 of the
Project plans or as may be placed within the Project in a location of
benefit to the Project and surrounding neighborhood.
(f} Installation of Aerator in Adjacent Submer ed Lands. At Owner's
expense, there will be installed in the privately -owned submerged lands
adjacent to the Property, an aerator or other similar device within that
portion of Blue Lagoon.
(g) Arts and. Culture. Owner agrees that properties fronting NW 7"' Street
and specific terminating vistas of the Project site as identified in Sheet
L1.00 of the Project plans will incorporate art which shall be reviewed and
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approved by the PIanning Director or designee. The Owner further agrees
to contribute five thousand dollars ($5,000) each to Henry M. Flagler
Elementary and Kinloch Park Middle to support each school's visual and
perfonning amts.
(h) Proiect Art. Owner will provide art for the Project on-site fronting NW 7
Street and at specific terminating vistas on the Property, as shown in
specified locations in Sheet LI.00, which said art shall be reviewed and
approved by the Planning Director or designee.
(i) Art in Public Places Master Plan. Owner will contribute fifty thousand
dollars ($50,000} to the City's Public Art Fund for the express purpose to
cover the cost associated with creating a cohesive public art plan,
guidelines and criteria for the acquisition and placement of Public Art for
the Blue Lagoon, Flagler Grove, West Flagler Park, Winona Park and the
Fair Lawns neighborhoods general area in accordance with Article XVI
entitled Art in Public Places of the City Code which shall be incorporated
in the City's Public Art Master Plan. Any remaining funds from the
contribution shall be expended in accordance with Section 62-661(1) of
the City Code.
') Welcome Signage. If a location for signage is found by the City, then
Owner will donate up to ten thousand dollars ($10,000) for the installation
and construction of a sign welcoming visitors to the Flagami 1 Blue
Lagoon Neighborhood Area.
All public benefits, pursuant to this Section, with the exception of those listed in
subparagraph (a) shall be completed and fitlfilled prior to the issuance of any
Certificate of Occupancy ("CO") for the Property.
L�) (44Conditions Precedent. This Declaration shall become final and shall be
recorded in the Public Records of Miami -Dade County, Florida upon expiration of
all applicable appeal periods after the re -zoning of the Property.
U (45,)Covenant Running with the Land. This Declaration on the pail of the Owner
shall constitute a covenant running with the Iand and shall be recorded in the
public records of Miami -Dade County, Florida and shall remain in full force and
effect and be binding upon the Owner and its heirs, successors and assigns, until
such time as the same is modified or released. These restrictions shall be for the
benefit of, and limitation upon, all present and future owner(s) of the Property.
(4)Modification, Amendment, Release. This Declaration inay be modified,
amended or released (a "modification'') as to the Property, or any portion thereof,
by a written instrument executed by the then owner(s) (or, if submitted to the
condominium forth of ownership, the condominium association in lieu thereof) of
the Properly or portion thereof affected by such modification and the City with
the approval of the City Commission at a public hearing, which such public
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hearing being applied for by the Owner at the Owner's expense. Any such
modification of this Declaration will be subject to the approval by the City
Attorney, or designee, as to legal form and correctness.
UI Term of Covenant. This voluntary Declaration can the part of the Owner 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 Declaration 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,
l.t} (Annual Review.
(a) The City may review the Project once every twelve (12) months,
commencing twelve (12) months after the Effective Date. The City may
begin the review process by giving notice to the Owner, a minimum of thirty
(30) days prior to the anniversary date of the Declaration, of its intention to
undertake the annual review of this Agreement. If no work has commenced
on the Property, then the Owner shall send a letter to the City advising that
work has not commenced.
(b) Upon the City's request, the Owner shall submit an annual report. Any
information required of the Owner during an annual review shall be limited
to that necessary to determine the extent to which the Owner is proceeding
in good faith to comply with the terms of this Declaration.
MO (-44Phased Development. The Parties agree that redevelopment of the Property
may be completed by multiple parties in multiple phases over the life of the
Project. While the Owner anticipate that phased redevelopment of the Property
will follow the phasing described on Sheet LO.00 of the Plan Set as a variety of
factors including but not limited to economic considerations and site conditions
may require changes to the scope and sequence of each phase. Accordingly, the
Owner may so modify the scope and sequence of each phase without prejudice.
{t1)Multi le []wnershi In the event of multiple ownership subsequent to the
approval of the Application, each of the subsequent owners, mortgagees and other
successors in interest in and to the Property (or any portion thereof, including
condominium unit owners) shall be bound by the ter3ns and provisions of this
Declaration as covenants that run with the Property,
t U2 4)+Cornmon Area Maintenance. The Owner will create, prior to the
conveyance of any portion of the Property (less than the entire Property), an
association or other entity which shall provide For the maintenance of all common
areas, private roadways, cross -easements and other amenities common to the
Property. This Agreement shall not preclude the owner(s) of the Property #ioi-n
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maintaining their own buildings or common areas not common to the Property
outside the control of the association.
1U33 (- 2 _Emerggency Management and Mitisation Plan_. Prior to the issuance of a
Certificate of Occupancy, Temporary Certificate of Occupancy ("TCO"), or the
equivalent for the first new single -use building in the Property, the Owner, as
required by the City's Comprehensive Plan (Policy CM4.3.4.) shall enter into a
binding agreement with the City regarding an Emergency Management and
Mitigation Plan ("Emergency Plan" ) detailing how the safety of people and
property shall be accounted for and maintained in the event of a natural disaster,
fire, act of God, or other similar event. The Emergency Plan shall detail vehicle
and pedestrian circulation, security systems, and other preventative and protective
measures and mitigation readily available in the Property. The Owner, or their
successors, heirs, or permitted assigns, shall provide an updated copy of the
Emergency Plan prior to the issuance of a TCD or equivalent for each new
building in the future.
"_ Consistency with Comprehensive Plan. The City finds that development of
the Project is in conformity with and is consistent with the Comprehensive Plan.
The Owner shall be bound by the City impact fees and assessments in existence as
of the date of obtaining a building permit, per Chapter 13 of the Code.
04JEnforeement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants of this Declaration. This
enforcement provision shall be in addition to any other remedies available at law
or in equity or both.
IU6 "Election of Remedies. All rights, remedies and privileges granted herein
shall be deemed to be cumulative and the exercise of any one or more shall
neither be deemed to constitute an election of remedies, nor shall it preclude the
party exercising the same from exercising such other additional rights, remedies
or privileges.
117' 04)Seyerability. Invalidation of any one of these covenants, by judgment of
Court, in no way shall affect any of the other provisions, which shall remain in
full force and effect.
"1188 (17}Venue Choice of Law, Specific Performance. It is mutually understood and
agreed by the parties hereto, that this Agreement shall be governed by the laws of
the State of Florida, and any applicable federal law, bath as to interpretation and
perforinance, and that any action at law, suit in equity or judicial proceedings for
the enforcement of this Agreement or any provision hereof shall be instituted only
in the courts of the State of Florida or federal courts and venue for any such
actions shall exclusively in a court of competent jurisdiction in the County. Each
party shall bear its own attorney's fees. Each party waives any defense, whether
asserted by motion or pleading, that the aforementioned courts are an improper or
inconvenient venue. Moreover, the parties consent to the personal jurisdiction of
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the aforementioned courts and irrevocably waive any objections to said
jurisdiction. The Parties irrevocably waive any rights to a jury trial
"Reeordin . This Declaration shall be recorded in the Public Records of
Miami -Dade County, Florida at the Owner's expense and shall inure to the benefit
of the City, A copy of the recorded Declaration shall be provided to the City Clerk
and City Attorney within two (2) weeks of recording.
}}No Vested Rights, Adherence to Applicable Laws. Nothing in this
Declaration shall be construed to create any vested rights whatsoever to the
Owner, its successors and assigns nor allow any development not in accordance
with all applicable laws and City pennitting procedures.
Signed, witnessed, executed and acknowledged this day of , 2018.
Signatur a Pages Follow}
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Owner: 7 at Blue Lagoon (1), LLC,
a Delaware limited liability company
to
STATE DE FLORIDA }
SS.
COUNTY OF MIAMI-DADE }
Caroline Weiss, Sale Member
The foregoing instrument was acknowledged before me this day of ,
2018 by CAROLINE WEISS, as sole member of and on behalf of 7 AT BLUE LAGOON (1),
LLC, a Delaware limited liability company, who is personally known to me or produced a valid
driver's license as identification.
My Commission Expires:
Notary Public
Sign Name:
Print Name:
Signed, witnessed, executed and acknowledged this _ day of , 2018.
(Signature Page Follows)
S
THIS DOCUMENT IS A SUBSTITUTION TO
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END OF THIS DOCUMENT.
Owner: 7 at Blue Lagoon (2), LLC,
a Delaware limited liability company
Caroline Weiss, Sale Member
STATE OF FLORIDA }
)SS.
COUNTY OF MIAMI-DADE }
The foregoing instrument was acknowledged before me this day of ,
2018 by CAROLINE WEISS, as sole member of and on behalf of 7 AT BLUE LAGOON (2),
LLC, a Delaware limited liability company, who is personally known to ine or produced a vaiid
driver's license as identification.
My Commission Expires:
Notary Public
Sign Name:
Print Name:
Signed, witnessed, executed and acknowledged this _ day of , 2018.
Signature Page Follows]
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Owner: Caroline Weiss
M_
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
Caroline Weiss, Individually
The foregoing instrument was acknowledged before me this day of ,
2018 by Caroline Weiss, an individual, who is personally known to me or produced a valid
driver's license as identification.
My Commission Expires:
Notary Public
Sign Name:
Print Name:
Signed, witnessed, executed and acknowledged this day of , 2018.
3243+1-7
APPROVED:
By:
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Francisca J. Garcia, Director of Planning;
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
By:
a2643 l 17.3
Victoria Mendez, City Attorney
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Exhibilt " h "
Legal Description
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1f 5aid 5der 31 for ! 114,0') lint~ b ev, 40 Del,, 36
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W, frcr h cpw r of the f llowq dunned t; ttxcc Wfewrl� 361$e irc IT
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and
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That part of Tract No.2 of ?LAT OF THAT P Ri 0 Of 11' VNEA5T I Of 5ECTIDN 31,
TOM dl � 53 KU fH, WE 41 EA511 LYING 5)UTH AID lCUNW5 CF TAMIAMI
CAW, accordino, to �� Pat hereof, as recorded in ft Plat W 28 at fade 10 d ft
Pok Records of Dade Cwity, FIM, womem at Or. xv#z mwd mt iv ire
pavem d d ehwt 7th 5treet aqd th, 500wt cmv � 5ild sedan 31; tkv pin
N 0 1 36T f, alorl the East lire of W 5edon 31, the e�ame !me heirs �e rasa Ime
Sold Tract go.2 and ado the ved caerlire of Nobwt 471; 7 Aveme for a dek a of
40.02 feet; thence h5t slog a I� et band 40 feet North of and p Ilel w the 5m$ lire.
of 5cu Section 31 for + 114,00 feet to the Point d 4ir for t1v px of � [r,,=n
after dei *d, Verse cmtipJe West abN the last de ice line for 13J W "sect, thea
N 013639, panel W tit fast line of said 5ectrm 3 J for 145,10 feet; tierce.11,'e5t [,sr
I CO. fejt; there N 0136'3V F for 100.00 feet: t�cu h5t for 29.40 feet, �,,-ze
Neth fT 0.33 fee ; ttlnence if 415055'V 1.94 fect P9 r curs; fierce
Nor hca k m1.3o thea k m1 orj the arc of Sad cm to ft # I nd com, to e
5oAet xid Wriq a radw d 50,00 feet and a catrA ar j� d 14135T for ars arc
di5txce d ) 23,E I feet; Bence 5 03 W W for A21 5oukems- 0��
aloe tl� arc of 04.1 curve to tip Vit, bog comm 0 the Nodkist and hm, a radw of
45.00 feel; a6 a etal argle of I @ 1019 for an arc Ii0ce of 12 W fit; th e
South for 224,27 feel'; tl'ence Set for 154.92 fet thete 5 0136'3 ' W for 245,10 fwt
to tNe Point of bepul, CxWiM 2.90 acres.
and
-34-64344-7-22 13
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'i hat parr of Tract No..r? of `f�f ,l ��` 1 dAf f� � Tl' h� 5�f T F S T CN
TO'r N5HIP 53 SOUTH, RANGE 41 PET.1 iNG -GJTH WE/ 151150�%T 1"T
�Ah IN C+� ��'", accordi�, to � Plat thpr�c�f, a5 re�.�rr= tf�a Pat .. ` at Pie
r of the PLblic Rhe ordJ of Dade Coirity, P1orida, n� and bein.j In U U of Von,
Dade �:. urity, Floarida, bei j more padicular:�, de5cn � a5 folloys; Cwryp, at :ht-
corgi-reta, mwerit t Iri the paewt of NoMwot Ah 5trptt, at hp� 5outLoa5l, comer
5o'd 5ection 3 1; there kat abn@ t�� 5o�th Wp of Sod ���Eo 3I for I I I z,
4
feet; thence NISI 135 39 F Parallkl with tle b5t lire d Sob 5-6pIction with the 551 ix of
5 Id Section I for N5, 12 feet to the Point of Eegirnq of tie pxctl of the ro.l
Whereinaf t,r Jew care; thence Northea�tvr v alf)n� the arc of Sold cunt, beg
coruvE to ft 5M'Vea5L b-onq � 12-diu!) Or 5-vo 4-11ful a cental d-1'1#' 7' OXA11 if 11 0
for an a dr5Lance ,,�f b6.35 feet to a Point of Tail , tIrra 5 04 32'49T for
154, ^ 'all 1; tt to a Po nt of cov of orcUx ourve to the lel;; t�vu 5ouftdy- fzte�
alcr,; �f "' for a� rare of D fit to a f'I��rt of Tanen; Ir77
5 15 E for E 17 feet to a Poirt of cirve a cir,au,a, cjo to h left; t�enco f".a5t 1 �-
Nothea50y, goy tlr. arc of 566 Cora, bevy co me to tle kr,th" haou a radius of
a`feet and a central Oe of 52 44'30 fcr a di5t v -e of K22 fit; thpffa 5.1,0
4,x`27[ aIm a �x w' A to tie 050c b cuNe, for 3 1.22 fejt; thext Eat b"
70,", leek; hertz South for 142,17 legit; t# erce West for 355,63 #peer tir tfie, Port
of Ge jani N Contatmn5 3,00 � . irore cr 'e ,
J
3264
3264- 13J14
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That part of Tract No.? of TtAl' THAT FORT10N o 711t Off'V5T a Of 51-ClInNi
3 11 Toff&ip 53 S Lrfl1;KPIGE 41 EAST, 1.96 ;SOJTH AT ECIMP5 CP
TAMIAMI COAL', according, to �� flat tf�ercof, a5 rewrdeJ ,n the fiat , � at P c
10 of the FLbIic Records of Dade Gouty, Flonda, [�n� and beirij In tie I'lrty of Yon, i,
Dabs. uoLin ly, fbid a, be 1,,-!l more pAicularti dncnb6 a5 follo�5- Cmmx A the
covete imment mt 1r, the paemvIt of Northwest. Ah Strxf, at the .5oikra t comer
of � ection 1; thcr�I��e3t ifon j he 5ooth line of Sold 5mtioo 31 for 1114.on
feet; thence N 01 363 f Parallel -mth the fast line d 5oO 5ecticri wb the .55t ire of
590 5ectw 3 l for N5,12 feet to the Point of 5e ifflim, of tie pne1 of the parcel of
!and herclnaftpr dexrW urw; fence NorthWvy alone �e arc of 500 ome, be n
concave to the 5cutrea5L harm a radius of 5C feOr and a central ange of 95 571 I
for an aoc dt5tance of M.35 feet to a Point of Tigp. Vit, ahem 5 04 3 '4,'r' for
154.. � 9 feet to a Po nt 1,-4 cum of mirciJar cAirve t� tine lef";; thence M,he . fzter ,
alor�, of 73 27T' for a di5tarce of 57.2' lee# to a for, of Tanpeic: , thane 5 77
5957T for 05,17 fleet to a Flog,[ of cirve of a rcirus-, ojv to r left, toric -c: 55ttrly
goth%ed-5tcrly, Orithparc of 5OW car e, bei uve to ttf, N h,, haon� a radius of
35 feet and a ceitraf ane of 52 44'30' lcr a deaivc of 3 .22 feet; therrce 5 4u�
427f alonj a ire res ►iai to k de5c+ibed cum for 31.22 feet; the-nca f4t R�^
170-55 fee+; kra 50,uth for 14 2.17 feet; therce 055t b, 355,63 fee: to;�w Point
cif 5qm3l o aimn5 3,C0 acre. more for'�e ,
15
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ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
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Sources _
Original Document [FirmDMS][#32643117] [v2] The Weiss Group of Companies Declaration of
Restriction (v2).doc
Modified Document [FirmDMS][#32643117] [v3] The Weiss Group of Companies - Declaration of
Restriction (v3).doc
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This instrument prepared by
and when recorded return to:
A. 3,4& r ei aE inette Ruiz -Diaz de la Portilla, Esq.
lA50R,-:ek� Ay 3f Fl..o
r vrx �-rP�Hi�i�n-rr lvvr
Saul Ewing Arnstein & Lehr LLP
200 S. Biscayne Blvd., Suite 3600
SUBSTITUTED
(Space Abovefor Recorder's Use Only)
The undersigned owners, Caroline Weiss, individually, at Blue Lagoon (1), LLC, and 7
at Blue Lagoon (2), LLC (collectively, "Owner") of the f6yowing described real property (the
"Property"), lying, being and situated in the City of Mia i, Miami -Dade County, Florida, and
more particularly described in Exhibit "A", in order to a ure the City of Miami ("City") that the
representations made to them by the Owner/incoection with that certain public hearing
application for an amendment to the Zoning Atlpplication") will be abided by the Owner,
their heirs, successors or assigns freely, voluntaithout duress, Owner make the following
Declaration of Restrictive Covenants ("Declaraering and running with the Property:
(1) Site Plan. The Property wi be developed substantially in accordance with that
certain plan as prepared by obi Karp Architecture & Interior Design, Inc., entitled
"Towers at Blue Lagoo dated August 16 2018 consisting of (54) sheets dated
stamped received by e City of Miami Heraing Boards on August 20, 2018 (the
"Project"). Upon ap oval of the Application, Owner will submit an application for
any other necess y zoning approvals in accordance with all applicable laws and
permitting pro dures. The site plan referenced above is subject to the Miami 21
Code, as w as all other applicable regulations, and is submitted solely in
connectio ith the Application and not for any particular zoning entitlement.
1
SUBSTITUTED
(2) Height Limitation. The height of any structure or other improvement on the
Property shall be limited to no more than one -hundred sixty (160) feet, Mean Sed,
Level (MSL). 2
(3) Public Benefits. The Owner hereby proffers the following public benefits ject
to the conditions precedent in Section 4 of this Declaration, in connection ith the
Application:
(a) Job Creation and Employment Opportunities. Priority ring shall be
given to those individuals residing in the Project area d surrounding
neighborhoods in the following priority:
(b)
(i) 1 st Priority: Those residing in the followin IP codes in the City:
33125, 33126, 33127, 33142, and 33136.
(ii) 2nd Priority: Those residing in all oth areas of the City.
provide:
(i) Affordable Housing (up
amount of 6% of the Proi
The Project shall
"60% of Area Median Income) in an
which equals 53 units.
(ii) Workforce Housing (between 80% and 140% of Area Median
Income) in an amo t of 10% of the Project which equals 84 units.
(iii) Market -Rate using in an amount of 84% of the Project which
equals 751 a ts.
All housi/tywill be interspersed throughout the Property and will
enjoy geame amenities and features as the Market -Rate units
located oy. Owner will abide by all applicable laws pertaining
to Affordorkforce Housing for those units designated as such.
(c) Finanfial Support for Antonio Maceo Park. Owner shall make the
foll ing one-time donations to the City for use at Antonio Maceo Park,
1 ated at 5135 and 5151 NW 7 Street, Miami, Florida 33126 (the "Park"):
(i) One -hundred fifty thousand dollars ($150,000) for the renovation
of, and improvements to, the Park consistent with the principles of
Crime Prevention through Environmental Design (CPTED). The
design for said improvements shall be reviewed and approved by the
2
SUBSTITUTED
Planning Department in conjunction with the Parks Department and
Office of Capital Improvements.
(ii) Sixty thousand dollars ($60,000) for playground equipment
Park.
(iii) Twenty thousand dollars ($20,000) for an Arts for Senio program
for seniors at the Park which shall be expended in acc rdance with
Section 62-661(l)(d) of the City Code.
(d) Traffic Improvements. The Owner will cons ct right-of-way
improvements along the project entrance from NW treet in substantial
compliance with Sheets A3.00 of the Project pla . Such improvements
shall include but not be limited to:
(i) Creation of a new access roadway wi a Dainted medianwtee-�
one (21) lanes- lane of ingress and o (2) lanes of egress along the
north -south portion of the NW Street entrance beginning at its
terminus at NW 7 Street;a4d
"CiiiInstallation of ne crosswalks with differentiated surfaces designed
to calm traff speeds and assist in pedestrian circulation in
sub stantial mpliance with Sheets L 1.00, L 1.01, L 1.01 a, L2.00,
and L1.03
(e) Provision for rolley Stop. The Owner will seek the necessary approvals
to extend C' of Miami trolley routes into the Property. If the extension of
such rou s is approved by the City, the Owner will, at their sole cost,
const the improvements necessary to provide a trolley stop within the
Prop y in substantial compliance with Sheets A2.00 and A3.00 of the
Pr 'ect plans or as may be placed within the Project in a location of benefit
t the Project and surrounding neighborhood.
(f) Installation of Aerator in Adiacent Submerged Lands. At Owner's
expense, there will be installed in the privately -owned submerged lands
adjacent to the Property, an aerator or other similar device within that
portion of Blue Lagoon.
3
SUBSTITUTED
(g) Arts and Culture. Owner agrees that properties fronting NW 7m Street and
specific terminating vistas of the Project site as identified in S/appro
the Project plans will incorporate art which shall be reviewed aby the Planning Director or designee. The Owner furthecontribute five thousand dollars ($5,000) each to HenryElementary and Kinloch Park Middle to support each school
performing arts.
(h) Project Art. Owner will provide art for the Project on -sit
V111ronting NW 7
Street and at specific terminating vistas on the Prop y, as shown in
specified locations in Sheet L1.00, which said arts 1 be reviewed and
approved by the Planning Director or designee.
(i) Art in Public Places Master Plan. Owner wi contribute fifty thousand
dollars ($50,000) to the City's Public Art Fu for the express purpose to
cover the cost associated with creating a co ive public art plan guidelines
and criteria for the acquisition and plac ent of Public Art for the Blue
Lagoon Flagler Grove West Flagler P Winona Park and the Fair Lawns
neighborhoods general area in accor nce with Article XVI entitled Art in
Public Places of the City Code w ch shall be incorporated in the City's
Public Art Master Plan. Any rem ning funds from the contribution shall be
expended in accordance with ction 62-661(1) of the City Code.
(j) Welcome Signage. If a
/I
ation for signage is found by the City, then
Owner will donate up t en thousand dollars ($10,000) for the installation
and construction of a 'gn welcoming visitors to the Flagami / Blue Lagoon
Neighborh/shbe
All public benefitto this Section, with the exception of those listed in
subparagraph (a)mpleted and fulfilled prior to the issuance of any
Certificate of OccO") for the Property.
(4) Conditions Pr cedent. This Declaration shall become final and shall be recorded
in the Publ' Records of Miami -Dade County, Florida upon expiration of all
applicable ppeal periods after the re -zoning of the Property.
(5) Coven4nt Running with the Land. This Declaration on the part of the Owner
shal constitute a covenant running with the land and shall be recorded in the public
/reords of Miami -Dade County, Florida and shall remain in full force and effect
be binding upon the Owner and its heirs, successors and assigns, until such
e as the same is modified or released. These restrictions shall be for the benefit
and limitation upon, all present and future owner(s) of the Property.
M
(6)
(7)
(8)
(9)
(10)
SUBSTITUTED
Modification, Amendment, Release. This Declaration may be modified,
amended or released (a "modification") as to the Property, or any portion thereof/earing by a written instrument executed by the then owner(s) (or, if subm
condominium form of ownership, the condominium association in lieu
the Property or portion thereof affected by such modification and the C
approval of the City Commission at a public hearing, which such pubeing applied for by the Owner at the Owner's expense. Any such mod
this Declaration will be subject to the approval by the City Attorney r designee,
as to legal form and correctness.
Term of Covenant. This voluntary Declaration on/theO
the Owner shall
remain in full force and effect and shall be binding upos of the Property,
its successors in interest and assigns and shall be binhem for an initial
period of thirty (30) years from the date this Declaraded in the public
records and shall be automatically extended for succes often (10) years,
unless modified, amended or released prior to the ey/iration thereof.
Annual Review.
(a) The City may review the Project once ery twelve (12) months, commencing
twelve (12) months after the Effect e Date. The City may begin the review
process by giving notice to the O er, a minimum of thirty (30) days prior to
the anniversary date of the Decl ation, of its intention to undertake the annual
review of this Agreement. If o work has commenced on the Property, then
the Owner shall send a etter to the City advising that work has not
commenced.
(b) Upon the City's re est, the Owner shall submit an annual report. Any
information requi d of the Owner during an annual review shall be limited
to that necessa o determine the extent to which the Owner is proceeding in
good faith to mply with the terms of this Declaration.
Phased Devel ment. The Parties agree that redevelopment of the Property may
/*but
y multiple parties in multiple phases over the life of the Project.
wrier anticipate that phased redevelopment of the Property will follow
Inclu
described on Sheet L0.00 of the Plan Set as a variety of factors
t not limited to economic considerations and site conditions may
ges to the scope and sequence of each phase. Accordingly, the Owner
ify the scope and sequence of each phase without prejudice.
Multiple Ownership. In the event of multiple ownership subsequent to the
approval of the Application, each of the subsequent owners, mortgagees and other
SUBSTITUTED
successors in interest in and to the Property (or any portion thereof, including
condominium unit owners) shall be bound by the terms and provisions of this
Declaration as covenants that run with the Property.
(11) Common Area Maintenance. The Owner will create, prior to the convey/`e of
any portion of the Property (less than the entire Property), an association r other
entity which shall provide for the maintenance of all common are private
roadways, cross -easements and other amenities common to theP perty. This
Agreement shall not preclude the owner(s) of the Property from m ntaining their
own buildings or common areas not common to the Property out e the control of
the association.
(12) Emergency Management and Mitigation Plan. Prior to the issuance of a
Certificate of Occupancy, Temporary Certificate of Oc pancy ("TCO"), or the
equivalent for the first new single -use b/in
Property, the Owner, as
required by the City's Comprehensive PlM4.3.4.) shall enter into a
binding agreement with the City regarergency Management and
Mitigation Plan ("Emergency Plan") dethe safety of people and
property shall be accounted for and maintevent of a natural disaster,
fire, act of God, or other similar event.ThePlan shall detail vehicle and
pedestrian circulation, security systems anoterpreventative and protective
measures and mitigation readily avail le in the Property. The Owner, or their
successors, heirs, or permitted ass' ns, shall provide an updated copy of the
Emergency Plan prior to the issuan of a TCO or equivalent for each new building
in the future.
(13) Consistency with Compreb6sive Plan. The City finds that development of the
Project is in conformity w' and is consistent with the Comprehensive Plan. The
Owner shall be bound b the City impact fees and assessments in existence as of
the date of obtaining uilding permit, per Chapter 13 of the Code.
(14) Enforcement. forcement shall be by action against any parties or person
violatingZofRemedies.
or a empting to violate, any covenants of this Declaration. This
enforcevision shall be in addition to any other remedies available at law
or in eqoth.
(15) Electi All rights, remedies and privileges granted herein shall be
/eed to be cumulative and the exercise of any one or more shall neither be
d to constitute an election of remedies, nor shall it preclude the party
ing the same from exercising such other additional rights, remedies or
ges.
SUBSTITUTED
(16) Severability. Invalidation of any one of these covenants, by judgment of Court,
no way shall affect any of the other provisions, which shall remain in full force a
effect. /
(17) Venue, Choice of Law, Specific Performance. It is mutually underst d and
agreed by the parties hereto, that this Agreement /,whether
e governed by t laws of
the State of Florida, and any applicable federal lath as to inter etation and
performance, and that any action at law, suit in er judicial p ceedings for
the enforcement of this Agreement or any provisieof shall instituted only
in the courts of the State of Florida or federal courtvenue f any such actions
shall exclusively in a court of competent jurisdictioe Co ty. Each party shall
bear its own attorney's fees. Each party waives aen , whether asserted by
motion or pleading, that the aforementioned courts ' proper or inconvenient
venue. Moreover, the parties consent to theonal jurisdiction of the
aforementioned courts and irrevocably waive anctions to said jurisdiction.
The Parties irrevocably waive any rights to a jury
(18) Recording. This Declaration shall be record in the Public Records of Miami -
Dade County, Florida at the Owner's expen and shall inure to the benefit of the
City. A copy of the recorded Declaration all be provided to the City Clerk and
City Attorney within two (2) weeks of r ording.
(19) No Vested Rights; Adherence to plicable Laws. Nothing in this Declaration
shall be construed to create an vested rights whatsoever to the Owner, its
successors and assigns nor al w any development not in accordance with all
applicable laws and City per tting procedures.
Signed, witnessed, executeXand acknowledged this
{Signature Pages Follow}
day of , 2018.
7
SUBSTITUTED
Owner: 7 at Blue Lagoon (1), LLC,
a Delaware limited liability company
Caroline Weiss, Sole
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
2018 by CAROLINE WEISS, as sole member of and on behalf of 7 0 BLUE LAGOON (1),
LLC, a Delaware limited liability company, who is personally know to me or produced a valid
driver's license as identification.
My Commission Expires:
Notary Public
Sign Name:
Print Name:
Signed, witnessed, executed and acknowledged this / day of
{Signature Page Follows}
6M.
SUBSTITUTED
Owner: 7 at Blue Lagoon (2), LLC,
a Delaware limited liability comp
By: 0z
Caroline Weiss, Sole ems
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2018 by CAROLINE WEISS, as sole member of and on behalf 7 AT BLUE LAGOON (2),
LLC, a Delaware limited liability company, who is personally own to me or produced a valid
driver's license as identification.
My Commission Expires:
Notary Public
Sign Name:
Print Name: i
Signed, witnessed, executed and acknowl
day of
{Signature Page Follows}
2018.
E
SUBSTITUTED
Owner: Caroline Weiss
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged be
2018 by Caroline Weiss, an individual, who is personally
license as identification.
My Commission Expires:
Notary Pub
Sign Na
Print N e:
Caroline W
Individually
e this day of ,
to me or produced a valid driver's
Signed, witnessed, executed and ackng&ledged this day of , 2018.
10
APPROVED:
SUBSTITUTED
Francisco J. Garcia, Director of Planning
APPROVED AS TO LEGAL FORM AND CORRECYNESS:
By:
Victoria Mendez, City Attorney
11
SUBSTITUTED
Exhibit "A"
Legal Description
12
SUBSTITUTED
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SUBSTITUTED
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14
SUBSTITUTED
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15