HomeMy WebLinkAboutVoluntary Covenant (Draft)This instrument prepared by, or under the
supervision of (and after recording, return to):
Javier F. AvIM, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue, Suite 2300
Miami, Florida 33131
0
(Reserved for Clerk of Court)
DECLARATION OF RitCTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS that the undersigned Miami -Dade County,
a political subdivision of Florida (collectively the "Owner"), hereby makes, declares and imposes
on the land herein described, this Declaration of Restrictive Covenants (the "Covenant"), running
with the title to the land contained herein, which shall be binding on Owner, and its heirs,
successors and assigns, personal representatives, mortgagees, lessees, and against all persons
claiming by, through or under them.
WHEREAS, Owner is the owner oft 3 3 = 3 _x � inprop located in Miami -Dade County,
3 3;
Florida, more particularly described on Exhibit," " (the "Development Parcel"); and
WHEREAS, Owner issued a Request for Proposal to solicit offers from developers to
maximize the continued use and operation of the much needed public housing site for affordable
housing, awarding the solicitation to RUDG, LLC ("RUDG"); and
WHEREAS, Owner has applied to the City of Miami for the approval of a rezoning of
the Development Parcel from T5 R to T6-8 R with an accompanying request to change the future
land use designation of the Development Parcel from Medium Density Multifamily Residential
to High Density Multifamily Residential; and
WHEREAS, Owner through RUDG, intends to construct on the Development Parcel an
additional 8 story building with approximately 139 Residential Units restricted to the Elderly as
further defined herein (the "Project"); and
WHEREAS, Owner desires to enter into this Covenant in order to assure the City that
the Owner, its successors or assigns, will provide measures to control the impact of this Project
to the surrounding neighborhood.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Owner hereby agrees as follows:
MIAMI 6379195.1 79701/88471
1. The above recitals are true and correct and by this reference are incorporated as if
fully set forth herein.
2. Use Restrictions. The Owner agrees to restrict the use of the Development Parcel
for Elderly Housing. Elderly Housing means housing or a unit being occupied or reserved for
qualified persons pursuant to the Federal Fair Housing Act and section 760.29(4) of the Florida
Statutes, or as modified by the Standards set forth by the State of Florida.
3. Setback Restriction. The Owner agrees to prow.' , e a minimum setback of 50 feet
along the southern border of the Development Parcel im ely abutting the T3 zoning in
order to ensure a proper buffer and separation. Said is depicted and described in the
Exhibit "B".
4. Effective Date. This instrument shall Constitute a covenant running with the title
to the Property and be binding upon Owner, its successors and assigns upon recordation 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.
5. Term of Covenant. This voluntary covenant on the part of e Owner shall
remain in full force and effect and shall be binding upon the Owner of the Property, its
successors in interest 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 successive
periods of ten (10) years, unless modified, amended or released prior to the expiration thereof.
6. 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 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.
7. Amendment and Modification. This instrument may be modified, amended or
released as to any portion of the Property by a written instrument executed by the owner(s) of the
fee -simple title to the Property to be effected by such amendment, modification, or release and
the City of Miami Zoning Administrator. Any modification, amendment, or release of this
covenant will be subject to the approval as to legal form by the City Attorney.
8. Severabilitv. 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.
MIAMI 6379195.1 79701/88471
9. Cumulative Riiihts. All rights, remedies and privileges gained herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be deemed to
constitute an election or remedies, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies or privileges as may be available to it.
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 submit a recorded copy
to the City Zoning Administrator at 444 SW 2nd Avenue, Miami, Florida 33133 within thirty
(30) days of recordation.
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MIAMI 6379195.1 79701/88471
Signed, witnessed, executed and acknowledged this day of , 2019.
Witnessed by Miami -Dade County, a political subdivision of
the State of Florida
Printed:
Printed:
M.
Maurice L. Kemp
Deputy MMpr
and legal sufficiency:
AINFrerrence A. Sim
NAAev
NLA&
COUNTY OF MIAMI-DADE
The foregoing instrument was ac'm
2019 by Maurice L. Kemp, as Deputy
corporation. He/She is personally known to r
as identification and who did not take an oath.
NOTARY SEAL/ ST
APPROVED AS FORM AND
CORRECTNESS:
OFFICE OF THE CITY ATTORNEY
By:
Printed: Victoria Mendez, Esu_.
Its: Citv Attornev
MIAMI 6379195.1 79701/88471
me day of ,
e County, a Florida municipal
Notary Public, State of Florida
Print Name
APPROVED:
OFFICE OF ZONING
By:
Printed: Josebh Ruiz, Esu.
Its: Zoning Administrator
EXHIBIT A
LEGAL DESCRIPTION
SMATHERS PLAZA:
TRACT "A", PUBLIC HOUSING PROJECT FLORIDA 5-18, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 81, PAGE 26, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
MIAMI 6379195.1 79701/88471