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Res No 088-21-15708RESOLUTION NO. 088-21-15708 A Resolution relating to the review and approval of a Covenant request to unify the properties identified as folio numbers 09-4025-063-0010 and 09- 4025-063-0020 generally located along SW 681h Street and as legally described herein. WHEREAS, Residences at SoMi Parc, LLC, the sublessee of the properties located at 5941 and 5949 SW 68 h Street (folios 09-4025-063-0010 and 09-4025-063-0010), submitted a request for Unity of Title to join the two (2) properties together; and WHEREAS, the properties are located in the City's Transit Oriented Development District Mixed -Use 5 (TODD (MU-5)) zoning district; and WHEREAS, concurrent with the request for approval of a Unity of Title, the applicant is seeking approval from the City Commission for a Special Exception authoring a large -Scale Development; and WHEREAS, the applicant is requesting the Unity of Title so the redevelopment project will comply with the regulations listed in the City's Land Development Code; and WHEREAS, the Planning & Zoning Department reviewed the Unity of Title request and finds it in compliance with the requirements of Section 20-5.16 of the Land Development Code; and WHEREAS, the Unity of Title must be approved by the City Commission and approved by the City Attorney as to form and content and shall then be recorded in the public records of Miami -Dade County prior to the issuance of any building permits. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City Commission hereby approves the attached Unity of Title document for: Tract C, "University Gardens Subdivision No. 3", according to the Plat thereof, as recorded in Plat Book 102, Page 19, of the Public Records of Miami Dade County, Florida And Tract D, "University Gardens Subdivision No. 3", according to the Plat thereof, as recorded in Plat Book 102, Page 19, of the Public Records of Miami Dade County Florida; and Section 2: The survey of the subject Unity of Title document is attached to this resolution and identified as Exhibit "A". Pagel of 2 Res. No. 088-21-15708 Section 3: This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 3`d day of August, 2021. ATTEST: o I:l�i.ZU�/�1�71 MAYOR FORM, COMMISSION VOTE: Mayor Philips: Commissioner Corey: Commissioner Gil: Commissioner Harris: Commissioner Liebman: 5-0 Yea Yea Yea Yea Yea Page 2 of 2 Agenda Item No:2. City Commission Agenda Item Report Meeting Date: August 3, 2021 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: Subject: A Resolution relating to the review and approval of a Covenant request to unify the properties identified as folio numbers 09-4025-063-0010 and 09-4025-063-0020 generally located along SW 68th Street and as legally described herein. 3/5 (City Manager -Planning Dept.) Suggested Action: Approval Attachments: Cover Memo Memo SoMi Parc Unity of Title.docx Resolution Unity of Title SoMi Parc.docx SoMi Parc Property Survey.pdf Unity of Title revised 07282021.docx Application Residences at SoMi Parc Unity of Title.pdf Letter of Intent - Unity of Title.pdf CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Shari Karnali, City Manager FROM: Jane K. Tompkins, Planning and Zoning Director Date: August 3, 2021 SUBJECT: A Resolution relating to the review and approval of a Covenant request to unify the properties identified as folio numbers 09-4025-063-0010 and 09-4025-063-0020 generally located along SW 68th Street and as legally described herein. BACKGROUND: Miami Dade County (MDC) owns the housing complex at 5941 and 5949 SW 68th Street. The property is zoned Transit Oriented Development District Mixed -Use 5 (TODD (MU-5)). MDC has entered into an agreement for the redevelopment of the site with Residences at SoMi Parc, LLC, who has submitted a concurrent application for a Special Exception for a Large -Scale Development. The redevelopment plans call for four (4) multi -family buildings and two (2) buildings that each contain ten (10) townhouses. The townhouses will be sold individually while the remaining units will be rentals. ANALYSIS: Pursuant to Section 20-8.16(A) of the Land Development Code (LDC), a Unity of Title shall be required in the following cases: (1) If a development project is to be built on two (2) or more abutting platted lots; (2) If the permitted density of a development project is based upon the averaging of two (2) or more platted lots either abutting or located on the opposite sides of a public right-of-way or alley; (3) If the required parking for a development project is located on a lot other than on the site which is generating the required parking. The Unity of Title is required as the project will be built on two (2) lots and the required parking for the townhouses will be contained inside the multi -family building. PLANNING BOARD RECOMMENDATION: Not applicable. Unity of title applications are not reviewed by the Planning Board. 2 5941 and 5949 SW 68 Street (Residences at SoMi Parc) — Request for Approval of Unity of Title August 3, 2021 Page 2 of 2 RECOMMENDATION: Staff recommends that the Unity of Title request for the properties listed below be approved. Tract C, "University Gardens Subdivision No. 3", according to the Plat thereof, as recorded in Plat Book 102, Page 19, of the Public Records of Miami Dade County, Florida And Tract D, "University Gardens Subdivision No. 3", according to the Plat thereof, as recorded in Plat Book 102, Page 19, of the Public Records of Miami Dade County Florida. 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Gm v f j0 Z 133HS 33S NOU Nr)NU N00 dO.J CFN: 20210607096 BOOK 32686 PAGE 4760 DATE:08/18/2021 10:01:30 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY This instrument was prepared by: Name: Javier F. Avin6, Esq. Bilzin Sumberg 1450 Brickell Avenue. 23rd Floor Miami, Florida 33131 Folio Nos.: 09-4025-063-0020 09-4025-063-0010 (Space reserved for Clerk) COVENANT WHEREAS, the undersigned is the Owner of the following legally described property: TRACKS C & D UNIVERSITY GARDENS SUBDIVISION, PB 102, PG 19, of the Public records of Miami -Dade County, Florida, hereinafter referred to as the "Property"; and WHEREAS, the Property currently has two tracts under the Folio number: 09-4025-063- 0020, with a street address of 5941. 5943, 5951. 5953. 5963. 5961. 5971. 5973. 5981. 5983. 5940. 5942. 5944, 5946, 5960, 5962. 5964, 5966, 6700, 6702. 6704. 6706, 6720, 6722, 6724 and 6726 SW 68th Street, South Miami. Florida, and Folio number: 09-4025-063-0010, with a street address of 5949 SW 68th Street. South Miami. Florida which are to be united; and WHEREAS, Owner recognizes and acknowledges that. the Property is being unified for the benefit of the public health, safety and welfare, and WHEREAS, in consideration of approval of a building permit by the City of South :Miami for construction of a building on the Property and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby agrees to restrict the use of the Property in the following manner: 1. Unified Parcel. The Property is hereby unified as one parcel of land and no portion of said parcel of land may be conveyed, sold, transferred, devised, assigned, mortgaged, or leased separate and apart from each other and they must be held together as one tract with the following exceptions: (a) If there are multiple offices, apartments, townhomes, or condominium units, this Unity of "Title does not prohibit the leasing of individual offices, townhomes or apartment units, the recording of a declaration of condominium on the property or the individual sale of condominium units and/or townhomes, provided the conveying or leasing document is approved as to form and substance by the City Attorney and that it is subject to and bound by this Unity of Title and that this Unity of 'title takes precedence and governs any ambiguity or conflict between the two (2) documents; and Page 1 of 3 CFN: 20210607096 BOOK 32686 PAGE 4761 (b) this Unity of 'Title does not prohibit the sale, lease, sublease, encumbrance or mortgage of one or more of the unified parcels or any portion of the Property provided the applicable conveyance, lease, sublease or mortgage document, approved as to form and substance by the City Attorney, contains the same terms, conditions, restrictions, and understandings as this Unity of Title. Nothing contained herein may be construed to exempt property from taxation when the property is not tax exempt at the time of the unification of title. 2. City Inspection. It is hereby understood and agreed that any official inspector of the City of South Miami, or its agents duly authorized, may have the privilege at any time during normal working hours before the issuance of a certificate of occupancy, certificate completion or certificate of use for the entire structure, whichever is applicable and whichever is issued last, to enter and inspect the Property to determine whether the Property is in compliance with this Unity of Title and the resolution approving it, the City's Land Development Code, the City's Code of Ordinances, the City's Comprehensive Plan, and the Florida Building Code. 3. Covenant Running with the Land. This Unity of Title constitutes a covenant running with and binding the land and must be recorded, at Owner's expense, in the Public Records of Miami -Dade County, Florida. It will remain in full force and effect, and its restrictions are binding upon the current and future owner, including the owner's heirs, successors, personal representatives, assigns, mortgagees and lessees, until such time as it is released. 4. Release. This Unity of Title may not be released except upon approval by resolution passed and adopted by the City Commission, after a public hearing, and approved by the City Attomey, executed by the City Manager and attested to by the City Clerk. The release of this Unity of Title is contingent upon the cessation of the current conditions, as well as the cessation of any future condition. that require the execution and recording of a Unity of Title and provided there is no further reason to maintain this Unity of Title on the public records in order to comply with the City's Land Development Code. 5. Term. This Unity of Title is to run with the land and is binding on all persons claiming an interest in the Property for a period of thirty (30) years from the date that this Unity of Title is recorded and after which time its term will be extended automatically for successive periods of ten (10) years each, unless it is released. The City has the right to re-record this Unity of Title from time to time, at the City's own expense, in the City's sole discretion. 6. Enforcement. The City, in its sole discretion, may take action against any person who violates, or attempts to violate, any of the terms of this document and the City has the right to injunctive relief for specific performance, in addition to any other remedies available at law, in equity or both. 7. Authorization for the City to Withhold Permits and Inspections. In the event the terms of this Unity of Title are not being complied with, in addition to any other remedies available. the City is authorized to withhold the issuance of any further permits and refuse to make any inspections or grant any approvals, until such time as the Property is in compliance with this Unity of Title. Page 2 of 3 CFN: 20210607096 BOOK 32686 PAGE 4762 S. Election of Remedies. All rights, remedies and privileges granted herein are cumulative and the exercise of any one or more may never constitute an election of remedies, nor may it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 9. Severability. If any section, clause, sentence, or phrase of this Unity of Title is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of the remaining portions of this document. Page 3 of 3 CFN: 20210607096 BOOK 32686 PAGE 4763 Signed, witnessed, executed and acknowledged this 3< 4 day of ��F 2021. Witnesses: By: . (Print Name.)4ffiq M. AkaSw) By: (Print Name:) STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner: Miami -Dade County, Florida By: L� - Morris Copeland Chief Community Services Officer Approved for form and legal sufficiency By: 412 rrence:Smith Assistant County Attorney I HEREBY CERTIFY that, on this day, before me by means of [X] physical presence or r-] online notarization, an officer duly authorized in the State of Florida and County aforesaid, to administer oaths and take acknowledgments, personally appeared Morris Copeland as Chief Community Services Officer of Miami -Dade County, Florida, who, after being duly sworn, acknowledged before me the execution of the foregoing instrument for the purposes therein expressed, and who produced as identification. F WITNESS my hand and official seal in the County and State last aforesaid, this ay of . 2021. By: / My Commission Expires: ; NOT \ARY PUBLIC, STATf, O-F\FLORIDA MIAMI 8469032.3 79701/300599 „.,, ;, ,;; •>_: r ,:,, ---7 City of South Miami SoutTe� iami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 THE CITY OF PLEASANT LIVING Telephone: (305) 663-6326; Fax: (305) 6664591 Application for Public Hearing or Administrative Review Address of Subject Property: 5961 SW 68th Street Lot(s) Block Subdivision PB 102-19 Tracts C 8 D Meets & Bounds: Exhibit "A" Applicant: Residences at SoMi Parc, LLC Phone: Representative: Albert E. Milo, Jr. Organization: Related Urban Address: 2850 Tigertail Ave., Phone: 305-533-0024 7th Floor. Miami. FL 33133 Property Owner: Miami -Dade Signature: c/o Michael Liu, Director County PHCD Mailing Address: 701 NW 1 st Phone: 786-469-4100 Court, Miami, FL 33136 Architect/Engineer: CIVICA Phone: 305-593-9959 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: _Owner _Owner's Representative _Contract to purchase _Option to purchase X Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM: `Text Amendment to LDC _ Special Exception _ Zoning Map Amendment —Waiver of Plat _ PUD Approval X Unity of Title _ PUD Major Change —Abandonment of ROW _ Variance _ Administrative Review Special Use _ Other (Please Specify) Briefly explain application and cite specific Code sections: -redevelopment Unity of TitleTor of Public ousmg to toget er wi-thSpeclal Exception Application. See LOI for additional details. Section: Subsection: Page #: Amended Date: BMITTED MATE PLEASE CHECK ALL THAT APPLY: X Letter of intent _ Cost Recovery Affidavit _ Justifications for change Unity of Title Statement of hardship _ Proof of ownership or letter from owner Power of attorney _ Contract to purchase Current survey (1 original sealed and signed/1 reduced copy @ 11" x 17") 2 copies of Site Plan and Floor Plans 24 x 36", 7 reduced copy a@ 11" x 17" Affidavit -Receipts attesting to mail notices sent _ Mailing labels (3 sets) and map _ Required Fee(s) The undersigned has read this cam leted plication and represents that the information and all submitted materials are true and correct to the bes of the applic is w dge and belief. A- /.2 Appli s Signature and title Print Name Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment C:\Users\avelo\AppData\Local\Microsoft\Windows\INetCache\Content.Oudook\59E4WL4W1PB - Unity of Title Public Hearing Application - Revised 5-4-2015.doc 12 Ms. Jane Tompkins Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Dear Ms. Tompkins: July 8, 2021 He for an Affordi Bilzin Sumberg Javier F. Avlfi6 Tel 305-350-7202 Fax 305-351-2275 javino@bilzin.com This firm represents Residences at SoMi Parc, LLC, (the "Applicant"), the developer of a proposed mixed -income and mixed -use affordable/workforce housing project known as Residences at SoMi Parc and the Gallery at SoMi Parc ("SoMi Parc" or "Project") to be developed on the property located at approximately 5949 and 5961 SW 68 Street, South Miami, FL (the "Property"). Please accept this correspondence as the Letter of Intent for the attached application seeking a Unity of Title to allow development of the proposed Project. This application is a companion application to the Special Exception application previously filed on April 20, 2021. The Project is a public -private partnership with Miami -Dade County to redevelop the public housing site known as South Miami Gardens. The proposed Project includes five buildings ranging from two to seven stories in height. While the Project is to be developed in phases over time, and may be subject to different financing as well as some units being offered for home ownership, the Applicant seeks to unify the re -development for zoning purposes and therefore requests this Unity of Title pursuant to Section 20-5.16 of the South Miami Land Development Regulations. The Project will provide affordable, workforce, and market rate high density housing near transit, enhancing the walkability and mixed -use nature of the surrounding neighborhood while maintaining compatibility and sensitivity, and allow for a true transformation of the area. The Project will not adversely affect the health and safety of local residents, will not be detrimental to the public welfare or local properties, and complies with all applicable code provisions. Based on the foregoing, the Applicant respectfully requests approval of the Unity of Title request. Please do not hesitate to contact the undersigned should you have any questions or need additional information. Sincerely, Javier F. Avin6 M IAMI 8469154.1 79701/300599 13