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2009-18ORDINANCE NO. 2009-18 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF AVENTURA BY ADDING NEW ARTICLE VI. ENTITLED "GREEN BUILDING PROGRAM" TO CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CITY CODE; ESTABLISHING DEFINITIONS, STANDARDS, PROCEDURES, REQUIREMENTS AND INCENTIVES; PROVIDING FOR VOLUNTARY PARTICIPATION RELATING TO NEW CONSTRUCTION OR SUBSTANTIAL RENOVATIONS AS PROVIDED IN THE ARTICLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS a green building is a structure that is designed, built, renovated, operated or reused in an ecological and resource efficient manner; and WHEREAS the Leadership in Energy and Environmental Design (LEED®) Green Building Rating System, developed by the U.S. Green Building Council (USGC) provides standards for environmentally sustainable construction; and WHEREAS the hallmark of LEEDO is that it is an open and transparent process where the technical criteria proposed by the LEED® Committees are publicly reviewed for approval by the more than 10,000 membership organizations that currently constitute the USGBC; and WHEREAS green building construction results in benefits to the environment, economy and health of the community; and WHEREAS the City Commission has determined that due to these benefits, it is in the best interest of the public health, safety and welfare of the citizens, residents and workers in the City of Aventura to provide an incentive program for private new construction and substantial renovations to LEEDO standards; and NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Article VI, Green Buildings Program, Added to Chapter 14 of City Code. That the following text is hereby added as Article VI of Chapter 14 "Buildings and Building Regulations" of the City Code': "Article VI. Green Building Program Section 14-110. Definitions Underlined text indicates proposed additions to the City Code text indicates proposed deletions from existing City Code text. Ordinance No. 2009 -18 Page 2 The followin words terms and hrases when used in this article shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning or as may be amended from time to time. Buildin means an structure havin a roof su orted b columns or walls and used or built for the shelter or enclosure of ersons or ro ert and includes the word structure and includes any part thereof. City means the City of Aventura. Construction means any project associated with the creation, development or erection of any building eligible for the program. Currenf means the standard in place at the time a program participant submits a project application form with the jurisdiction. Florida Friendly Plantings means trees and plants that conserve water and protect the environment by using drought tolerant landscaping according to design standards and any amendments thereto developed pursuant to F.S. 373.228. Green Building means a building whose design construction and operation promotes the preservation of resources and environmentally sensitive construction practices, s}~stems and materials In making the determination of whether a structure is a green building the City shall rely on the review evaluation and registration certificate and/or verification of the design by the U S Green Building Council or other recognized reen building rating system approved by resolution of the City Commission subject to the requirements of this article. Green Building Certification Institute (GBCI) means the organization which administers and provides third party project certification for commercial and institutional buildmas and tenant spaces under the U S Green Building Council's Leadership in Energy and Environmental Design (LEED) Green Building Rating Systems. Green Building Program means the program outlined in this ordinance for obtaining incentives for green buildings and developments. Green Development means the use of sustainable building and development planning methods utilized in a way that result m minimum impact on natural resources energy consumption use of water use of raw materials and waste generation, thereby affording inhabitants a potentially higher quality of life. Ordinance No. 2009 -18 Page 3 LEED® means Leadership in Energy and Environmental Design (LEED®) Green Building Rating System developed by the US Green Building Council, or other recognized green building rating system approved by resolution of the City Commission. Participant means private property owners. Proaram means the City's Green Building Program. Program Certification means the final designation awarded to a program participant by the GBCI for satisfying all requirements associated with the program for a particular project. Program Participant means any person or entity seeking program certification for a particular project. Project means any construction associated with the creation, development, or erection of any building eligible for the program. Project Application Form means the form submitted to the jurisdiction indicating that a program participant is interested in participating in the program for a particular project. Structure means anything constructed or installed the use of which requires a location on a parcel of land Among other things it includes roads, driveways, walkways, paths, fences patios decks swimming pools tennis courts poles pipelines, transmission lines tracks signs sheds docks and other accessory construction. Sub-program means any area of construction covered by the program. Substantial Renovation means a renovation at a cost exceeding 50 percent of the value of the building as determined by the City's Building Official. Sustainable Construction means the process of environmentally sensitive, resource efficient site selection preparation design construction, and operation of buildings. Any word not defined herein shall be construed as provided in Section 31-21 of the City Code or in the Florida Building Code if provided therein, and if in conflict, the most restrictive shall apply. Section 14-111. Purpose and Intent The purpose of this article is to establish and promote goals, programs and procedures Ordinance No. 2009 -18 Page 4 that will help the City become a more sustainable community This program shall define and establish environmental goals and standards for a LEED certification-based preen building program with incentives and bonuses This program will promote economic and environmental health in the City through sustainable and environmentally friendly design and construction. Section 14 112 Administration and Implementation of the Program. The Program shall be administered by City Manager or designee who shall be responsible for: ~a) marketing the Program to the community by any reasonably effective means, including but not limited to press releases television advertising or advertising in electronic or print mailers; fib) developing any appropriate or necessary application procedures, including but not limited to the Program application form and developer agreement form; ~c) writing policies and procedures for staff implementation of the Program; ~d) providing and implementing an incentive award as herein provided to any Program Participant who has committed to and/or successfully satisfied the requirements of the Program; and (e) resolving disputes that may arise from implementation of the Program. Section 14-113 Green Building Program Applicability. This Program shall be voluntary for all private buildings involving new construction or Substantial Renovation. Section 14-114. Green Building Standards. In addition to the Florida Building Code minimum standards the Program shall be administered using the then current standards developed by the U.S. Green Building Council (USGBC) These standards shall apply to each Sub-Program as follows: ~ New Buildings The Program Participant shall satisfy all of the requirements associated with the then current USGBC LEED® 2009 for New Construction, or the most current version or other derived USGBC LEED® rating system as applicable to the project type (e g LEED® for Core & Shell, LEED® for Schools LEED® for Health Care) Program; and Renovation of Existing Buildings The Program Participant shall satisfy all of the requirements of the then current LEED® certification for Existing Buildings Operations & Maintenance or other LEED® Rating System as may be applicable based on the scope of work performed as part of the Ordinance No. 2009 -18 Page 5 renovations. C and FFPC 15 M is ct to full documentary evid ~VIQIIQ GI VI 4~.rv~ ...... ~. .~ __- the pertinent provisions of the Land Development Code. (i) Expedited site plan review thatthe Cit plan applications for preen buildings shall be given priority review by L~ y' :~ ~,,;~,~;nry r,armit apolications for (ii) Ex eaitea puncan ~ GI ~ 111. 1 ~.,.,.. ...~_ -- reen buildings shall be given priority review by the City; (iii) Marketin incentives mcludin Pro ram artici anon announcement on the site construction si n' a la ue not to exceed two s uare feet to be attached to the Building designating the project under the Program subject to the review and approval of the City Manager or designee such plaque shall be treated as a governmental information sign exempt from permitting but sub~ect to other re ulations as rovided in the Cit Code the inclusion of Program Participants and their Building information on the City's "Go Green" webpage~ press releases and eligibility for Green Building award m the City's annual "Go Green" awards program. (iv) Administrative variances to allow orientation of the Buildin to take full advantage of available natural resources such as Yard setbacks landscape buffers driveways and/or architectural design standards needed to support the proposed design in the opinion of the City Manager or his designee. or (i) All of the incentives in I. above and (ii) Floor Area Ratio (FAR) bonus not to exceed an FAR of 2.0 for properties with a Business & Office Future Land Use Designation usinq_the .... _ ____......~ ~+.,,,,~~r,~~ Ir, SPrtion 31 73 of the City Code Ordinance No. 2009 -18 Page 6 rather than the variance approval standards in Section 31-76 of the City Code; and (iii) Lot coverage bonus provided that a preen roof and/or preen rooftop amenities are provided and maintained for the common benefit of building occupants; and; that increased Florida-Friendly tree canopy and Florida- Friendly plantings designed to calm the heat island effect are located on site all in an amount equal to the requested increased lot coverage, using the conditional use approval standards in Section 31-73 of the City Code rather than the variance approval standards in Section 31-76 of the City Code. Prior to filing an application for award of incentives and/or__bonuses, the Program Participant shall register their intent with the USGBC for LEED® certification and obtain in writing a proposed checklist of certification points that may be attainable for the project. The Program Participant shall then be required to attend apre-application meeting with the City Manager or designee for the purpose of a review of the proposed certification checklist and detail of proposed credits for certification. The checklist and certification details shall be confirmed through a written agreement between the property owner and the City, in the form prescribed by the City, and through a covenant recorded in the public records in form approved by the City Attorney, that the proposed manner of compliance with LEED® certification as provided by the Program guidelines, policies and procedures will be incorporated into the development and maintained in perpetuity. All checklist items will be shown and/or noted on the plans submitted for building permit approval, as a condition of permit issuance. Prior to filing an application for award of incentives and/or bonuses for LEED® Gold and Platinum buildings described in Paragraph numbered II. of this section, in addition to the requirements of the preceding paragraph, the Program Participant shall provide a performance bond or other security in form approved by the City Manager and City Attorney as follows: the bond or security shall be in an amount ranging from_one (1%) percent to five (5%) percent of the value of proposed costs of construction as approved by the City's Building Official, or such greater amount as determined by the City Manager; (ii) the bond or security shall be submitted at the time of filing of any application for award of incentives and/or bonus; (iii) the bond or security shall be subject to call by the City 180 days from the issuance of the certificate of occupancy or certificate of completion, whichever first occurs if LEED® certification has not been achieved by that time. Reasonable extensions of time, up to a maximum of one (1) year from the issuance of the certificate of occupancy or certificate of completion Ordinance No. 2009 -18 Page 7 whichever nrsi ~ for good cause. If r nd If lion at Lne ~c~c~ UGJVt ~..,v.. 180 da~~ nPriod provided fo r or desianee, a as roviaea a[~uvc ~~ ~G~ ~ ~, ~~ w~~ ~~ --~ _ _ _ _ Cit of written roof of level of LEED® certification b the USGBC. Section 14-116. Certification. Ilbes Section 14 117 Education and Traini u G ~ ~ IG vn .,....... --- - otential or current Program Participants about the ro ram. b) The City shall enco~ ,;.,,~.,.,., of the Commu Di Section 14-118 Proaram Review. u a Staff review. The Cit shall rovide for a review ~~ a ~G ~ ~ ~ ~ a, ~ ~ ~~ ------~ ~ - --- - need for chan es in the Pro ram to increase it effectiveness. b Fre uenc . The Pro ram shall be sub'ect to review one ear after the effective date of this article and thereafter at a fre uenc of not more than once er ear. c Pur ose. The ur ose of reviewin the Pro ram includes but is not limited to u datin Pro ram standards incentives and bonuses recommendin Pro ram or marketin chan es reviewin su estions made b Pro ram Partici ants and reporting to the City Commission. Section 3. Severabil~ That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shct t e any reason be held to be invalid or unconstitutional, such decision shall not affe Manager or Ordinance No. 2009 -18 Page 8 validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City Code of the City of Aventura. Section 5. Effective Date. That this Ordinance shall be effective upon passage by the City Commission on second reading, subject to passage by the City Commission on second reading of amendments to Chapter 31 of the City Code, Land Development Regulations, required to implement the incentive and/or bonus provisions of this Ordinance, as applicable. The foregoing Ordinance was offered by Commissioner Weinberg, who moved its adoption on first reading. This motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach no Commissioner Bob Diamond yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Teri Holzberg yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner Stern, who moved its adoption on second reading. This motion was seconded by Commissioner Holzberg and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach no Commissioner Bob Diamond yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Teri Holzberg yes Mayor Susan Gottlieb yes Ordinance No. 2009 - / ~ Page 9 PASSED on first reading this 1St day of September, 2009. PASSED AND ADOPTED on second reading this 6th day of October, 2009. Susan Gottlie ,Mayor ATT E ESA M. O OK~, MMC ( CLER APPROVED AS TO LEGAL SUF~F~ICIENCY: /~ CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: Ellisa L. Horvath, MMC, City Clerk THROUGH: Susan Grant, City Manager /, 1 FROM: Joanne Carr, AICP, Community -velopment Dire DATE: March 30, 2018 SUBJECT: Shalev Development Group LLC Administrative Site Plan Approval File No. 04-SP-16 Unity of Title and Green Building Covenant I have attached, for your records, the recorded copy of the following documents that were required as a condition of site plan approval: 1 . Unity of Title recorded on 3/6/18 in ORB 30884, Pages 2380-2386; 2. Restrictive Covenants and Agreement Pursuant to City of Aventura Green Building Ordinance No. 2009-18, recorded on 3/8/18 in ORB 30889, Pages 448-454. 1111111 I1II•I1IIII 11111 11111 11111 111111111 liii CFN 201880138806 OR BK 30889 P'ss 448-454 (7Pss) RECORDED 03/08/2018 15:50:10 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA This instrument was prepared by: Michael J. Marrero Bercow Radell Fernandez&Larkin, PLLC 200 South Biscayne Blvd., Suite 850 Miami, Florida 33131 (Reserved for Clerk) RESTRICTIVE COVENANTS AND AGREEMENT PURSUANT TO CITY OF AVENTURA GREEN BUILDING ORDINANCE NO. 2009-18 KNOW ALL BY THESE PRESENTS, that the undersigned Owner hereby makes. declares and imposes on the land herein described, this agreement and covenant running with the land, which shall he binding on the Owner, all heirs, successors and assigns, personal representatives,mortgagees,lessees,and against all persons claiming by, through or under them: RECITALS WHEREAS, Shalev Development Group, LLC, a Florida corporation ( "Owner"), holds fee simple title to the land in the City of Aventura, Miami-Dade County, Florida, more specifically described in Exhibit "A," attached hereto, and hereinafter called the "Property;" and WHEREAS, the City Commission of the City of Aventura("City") adopted a Green Building Program by Ordinance No. 2009-18 on October 6, 2009; and WHEREAS, the Green Building Program provides incentives to the Owner to attain LEED® certification by the Green Building Certification Institute and the Owner has filed an application to the City Commission for award of those incentives through the Conditional Use Approval process in the City Code; and WHEREAS, Ordinance No. 2009-18 requires that any Green Building Program Participant requesting award of incentives shall provide its LEED® certification ichecklist to the City and that the checklist and certification details shall be confirmed through a written agreement between the property owner and the City and through a covenant recorded in the Public Records; and WHEREAS, the Owner is desirous of developing the Property for commercial purposes and wants to assure the City that the development will be built in accordance with proffered plans consistent with the City Code,and specifically, that the building will be constructed so as to attain LEED® Gold or Platinum certification by the Green Building Certification Institute; and WHEREAS,the Owner has proposed the manner of compliance with LEED® Gold or Platinum certification pursuant to the checklist attached as Exhibit "B" and wishes to assure the City that these checklist items will be incorporated into the development. shown or noted on the building permit plans and maintained in perpetuity. NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which arc hereby acknowledged, the Owner hereby agrees and covenants, for themselves, their heirs, successors and assigns as fol lows: 1. Recitals. The above recitals are true and correct and are adopted by the Owner and are incorporated as part of this Agreement. 2. Covenant Running With The Land. This Restrictive Covenant and Agreement (hereinafter referred to as the "Covenant") on the part of the Owner shall constitute a covenant running with the land and will be recorded, at Owner's expense, in the public records of Miami-Dade County,Florida, and shall remain in full force and effect and be binding upon the heirs, successors and assigns of the respective parties hereto. 3. Site Plan. The Property will be developed i n accordance with the site plan entitled "Shalev Development,"as prepared by Rodriguez,Peterson&Porras Architects,approved by the City on the 19th day of January,2017 under File No. 04-SP-16("Site Plan"). 4. Green Building Design Elements. The owner proposes to construct the building with green building design elements shown on Exhibit "B" so as to attain LEED® for Core and Shell Gold or Platinum certification by the Green Building Certification Institute. 5. Building Permit. The owner shall cause all LEED® checklist items listed in Exhibit "B"to this Covenant to be shown or noted on the construction plans submitted to the City for Building Permit application. 6. Maintenance of the G reen Building Design Elements. The green building design elements as listed on the LEED® check list and constructed pursuant to the Building Permit shall be maintained by the owner or subsequent owner(s) in perpetuity. 7. Performance Bond. Prior to issuance of a building permit for this development, the Owner shall provide to the City a performance bond or other security in form approved by the City Manager and City Attorney in the amount of 5% of the value of the proposed costs of construction as approved by the City's Building Official to guarantee LEED® Gold or Platinum certification of the building by the US Green Building Certification Institute. The bond or security shall be subject to call by the City one hundred and eighty (180)days from the issuance of the certificate of occupancy, or certificate of completion, whichever first occurs, if LEED® certification has not been achieved by that time. Reasonable extensions of time. up to a maximum of one (1 ) year from the issuance of the certificate of occupancy or certificate of completion,whichever first occurs, may be granted by the City Manager or his designee for good cause. If the Owner fails to complete LEED® certification as committed within one (1) year from the issuance of the certificate of occupancy or certificate of completion, then the City Manager or his designee shall deem such bond or security forfeited to the City for any lawful governmental purpose identified by the City Commission. If the development receives LEED® certification at the level committed by the Owner prior to the expiration of the one hundred and eighty (180) day period provided for above, or extensions of time as granted by the City Manager or his designee, and the bond or security has not been forfeited as provided above, then the bond or security may be released following submittal to the City of written proof of level of LEED® certification awarded by the Green Building Certification Institute. 8. Term. The provisions of this Covenant shall become effective upon their recordation in the public records of Miami-Dade County,Florida, and shall continue in effect for a period of thirty (30)years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10)years each, unless released in writing by the then Owners of the Property or portion of the Property for which the release is sought,and by the City Manager upon the demonstration that the same is no longer necessary to preserve and protect the Property for the purpose herein intended. 9. Multiple Ownership. In the event multiple ownerships are created subsequent to site plan approval, each of the subsequent owners,mortgagees,heirs.assigns and other parties in interest shall be bound by the terms,provisions and conditions of this Declaration. 10. Modification or Release. The individual Parcels within the Property may be modified or released from this Declaration should the approved building be demolished or destroyed and a new building erected in its place that does not apply for incentives under the City of Aventura Green Building Program set out in Ordinance No. 2009-18; provided, however, that any release or modification shall be approved by the City Manager as described in Section 8 hereof. 11. Enforcement. Enforcement shall be by action against any parties or persons violating or attempting to violate any of these covenants. The prevailing party in any action or suit arising out of or pertaining to this Covenant shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may determine to b e reasonable for the services of his attorney. This enforcement provision is in addition to any other remedy at law, in equity or both. 12. Severability. Invalidation of any one of these Declarations, by judgment of Court, shall not affect any of the other provisions, which shall remain in full fotoe,and effect.. 13.Election of Remedies. All rights, remedies and privileges granted herein Mall be deemed to be cumulative and the exercise of any one or more chall neither be deemed to constitute an election of remedies,nor shall it preclude the party exercising tilt"same from exercising such other additional rights, remedies or privileges. 14.Authorization of City to Withhold Permits and Inspections. In the event of a violation of this Covenant, in addition to any other remedies available, the City is hereby authorized to withhold any permits, and refuse to make any inspections or grant any approval, until such time as this Declaration is complied with. 15. Recording. This Covenant shall be recorded in the Public Records of Miami-Dade County at the Owner's expense. WITNESSES: Shalev Development Group,LLC a Florida limited . •ility company /Print Name: --5.3c) fir' ' ' ,- :-e.. Pri, ,...e: ,;fJI<, / 0 -C/t— tle- iii[Jill OW c ► Print Name: 4l - Ai lt& 100DO STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) THE FOREGOING INSTRUMENT was acknowledgesefQre me this day of \\N( ,OA , 201 by fhernartO 't e 1 V , as kkLInq of Shal v Development Group, LLC, a Florida limited liability company, is (check one) [ 4 personally kno - ' to me [ } of has produced ,as identification. litt. NotaryPublic State of Florida Diana Ramos tit � � My Commission FF 207719 Not a/ ty,,,? a WI10/2018 NOTAR ' :LIC, STATE OF FLORIDA - ACCEPTED BY TH E CITY OF AVENTURA By: Date: City Manager Attest: City Clerk Approved as to form and legal sufficiency this day of ,2017. • • , i. t. authorized to withhold any permits, and refilse to make any inspections or grant any 1 c approval, until such time as this Declaration is complied with. - Y a • 15. Recording. This Covenant shall be recorded in the Public Records of iami-Dade County at the Owner's expense. • Q WITNESSES: Shalev Develo ent Group,LLC I a Florida lin 'ed liability company Print Nam 4i$' ) f 4T0Mie ' Pr t e: ',�9e►� �,eee'�- '• • •itle: M/�,wt4EA 0/6/v01 At i'-4 . i Print Name: VAI ri.L Iv p L( ie✓ i STATE OF FLORIDA 1 COUNTY OF MIAMI-DADE ) THE FOREGOING STRUMENT was acknowledged before me this 3 P day of i '0-(.4 Mk- , 20 , by A P-12 rvp-Q 47 ,Pit 401Z , as of Shal velopment Group, LLC, a Florida limited liability i• company, who is 'check one) [ personally known to me [ } of has produced ,as identification. • � t,.,,.,•,,,, ALERIE WOLIVER j? ,. �,0 P i is 'A. .ry is Public-Stale of Florida ) atirevto. 4,, d^��"' �:•� ;• Commisaion#fF 933386 � ��-A9/. i� My Comm.Expires Jai 21,2020 ' R'„••• Bonded iro*National Notary Assn.' NOTARY PUBLIC, STATE OF FLORIDA l'; • ACCEPTED BY TH E CITY O VENTURA fl (: . 1' s' By: (.4_..A..4/ _ Jyt7i 11 ate: 4/2-.PAP L.PAP I City Mana:- / Attest: - City Clerk / A,...._ -_ G {. O. s 1 f h Approved as to form and legal sufficiency this 1Z.cd�y:�-, y� __�,. ,20 l y4 � ,,,,,k,i,J A EXHIBIT i _A-- 4 EXHIBIT "A" POINT OF BEGINNING N.E. 214TH STREET CENTERLINE OF N.W. CORNER OF LOT 1 N.E. 2141H STREET BLOCK 37 (MILLSBORO AVENUE-PLAT BOOK 12 PAGE 37) SOUTH RIGHT OF WAY LINE (PUBLIC RIGHT OF WAY) o 6 N.E. CORNER 1- NO0°10'59"W LOT OF N.E. 214TH STREET ``re 10.00' N89°54'01"E 299.91' BLOCK38 . z 6 — -- 'W"'". 4.". x/rr f/i/r// /z//f,zc/r fzrrzr. ✓iirx•r✓r/ 1 vV •.E• Fro:rxrx✓rrxziirx izrrr.•.z 589°54'01'W 264.9T 4 ��_ jro� I 1 NORTHIUNE OF 1 HALLIANDALE PARK A=89 52'49" • */ ! I BLOCKS 37 & 38 PLAT BOOK 12 PAGE 37 R=2 00' •?::.::.l o / i� I I 1 L=3922' LOT 5 !, LOT 1 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 1 1 LOT 2 LOT 3 LOT 4 LOT:'� I— - CC Lu Cl I _ ,, ,..., Bll CCK 37 I .1OCK_3_,8 1O' — I:V !,,—..._. 0 E FORTIN,LEAVY,SK(ES,INC. EAST UNE-�: J N V 2 0 / DRAWING#2016-004 OF BLOCK 38 o a. II I / •:•:f W 1 Z s '00 1 1 1 1 e:;a W, WI_ 10 LOT 6 I LOT 7 / LOT 8 LOT 9 LOT 10 LOT 6 1 LOT 7 LOT B 1 LOT 9 LOT 1Q./0, / A.9 °07'47" ::1 o g R=2 00 `� / SOUTH LINE I L=39.133' — / I oF�BLoc/ / /1 1' !re) g 6- N.E. 213TH STREET _ _ I NORTH RIGHT OF WAY UNE (DELAWARE AVENUE PLAT BOOK 12 PAGE 37) I S89°541T'W OF N.E. 213Th STREET (PUBLIC RIGHT OF WAY) F LOT 10 S.E.SCORNER 35.06' CENTERLINE OF N.E. 213TH STREET BLOCK 38 GRAPHIC SCALE 25 50 100 IIp''N4 111 `IIIIIIIIIII I1 III o III ( IN 1 ) ''iii H 0111 1 inch - 50 ft. Drawn By MAP SKETCH OF DESCRIPTION \ Date 2/25/16 Cad. No. 160200 Scale 1"=50' Ref. Dwg. F ORTIN, LEAVY, S KILES, INC. Job. No. 160200 2016-004 CONSULTING ENGINEERS, SURVEYORS&MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003633 Dwg• No. 1 01 6-01 7 180 Northeast 168th_ Street/North Miami Beach,Florida.33162 `Plotted: 2/25/16 10:14aJ Phone:305-653-4493/Fax 305-651-7152/Hansafla® Fleet 2 of 3 H I m ID _ LEED v4 for BD+C: Core and Shell X `I Project Checklist Project Name: SHALEV DEVELOPMENT I W Date: 3/14/2015 ,,,,„ ..”.,i..r-... I ' L•� Irlegrefve Process yc . 4 3 11lt gcaden anal Trin,portefon-� -- -- - f!Q 5 Q 3 •aterlals enp Rieo�r ia • 14 •Cara LEED for Neighborhood DevebpmaM Location 20 Yiii Prem Storage and Copeclion of RecYUabies Requited _ Sensitise Lard Proleelion 2 Y �a Cormlrucbon end-OemaBlan Wool.Management Planring Repuireu dem High Priority Site 3 2 ] > c.* Building Ufe-Cycle Impact Reduction 6 y•��9 -+ BuiWtnq Product Ciisctosue end Optimlxrilon•ErwlronmenW Product 2 -1 2 h rac Surtoundhq Dentally and'Dharae Uses 6 L ie1 Deciarelwrx \:-/ 2 1��66�]]oda Access to Ousaty,Trans" 6 _a 2 ow 9uilding Product Olulosure and OpUmtzalbn-Sourcing of Rev lariats 2 1 Iti•• - Bicycle Fscltes I 1 'ME Ger Building Product DlacIc ure and Optimlzatbn-Material mgrs• 0,.. . 2 Reduced Parsing Footprint 1 1 1 � Construction and DemoIilian Waste Management 2 1 Green Vehicles 1 4 4 2 Indoor'Etivlr4nmdntal AU*Iity- -n • 3 3 2 swtalne IA,91te1r •• [•7i1 :Y' .q r+ Minimum Indoor Air Quality Parlor mance \^ _^ red . Y P... Construction Acavay PoL•don Preeentbn RoomEs e...ee Environmental Tobacco Smoke Coetnd (\ 1_— :�am Site Assessment 1 1 Ka< .. fees Enhanced Indoor Air Qualify Strategies V •2 ida Sat Development•Protect or Restore Habaat 2 2 Gees Low-Emitting Materials 3 v __ Ce. w wcp a Open Space 1 1 aneConadlon Indoor Air Duality Management Plan '74'1 .... c... RainwaterManagement =an dee leftCadDayegnt 2 Cr.e Wand and ReductionMAlitaC on 2 1 0. Qualify Vlawa '� a. 1 .a Light PollugonReWciton I 1 �. cram Tenant Design and Conauudlon Guidelines 1 4 3 0 Innovetlen__ T yyyt�� .Q• — 3 2 innovation9 Cs • 2 5 4lWster Efflcl,noy • �._^`•— ''1 •f 1 6e* LEE()Accredited Professional 1 Y eseeei Outdoor Water cawRecvUton Required21 We PILOT POINT • 1 id Morse Indoor Water Use Reduction Required P,..q B�gding Le�rel Water Melding Required —[ • _ t iy�s a.. Outdoor Water Use Reduction 2 - 1 2 1�c.... cd e. Indoor Water Use Rel.. on e MI 1 :1--r cm. Cooing Tower Wa:er Use 2 t.- _1 Craw Waiter Metenrg 1 .s a ie JErsersi ende4tmoe hen - 3 1f —1- -1 fora•Pili . 4 Y p eee Fundamental Commisston,ng and verification Required 1 :oat Regional Priority:Spedric Credit Y P...., Minimum Enmgy Performance — Required 1 ,'-�oda Regional Pnonly:Spedhc Credit I •Y Pewee Building-Level Energy Metering RequiredKU Ga Regional Priority:Specific Credit t Y P...... Fundamental Refrigerenl Management Required — MN ow. Regional Priority:Specific Credit t 2 2 •Craft Enhanced Commissioning a -- `i _ oa Opdmixe Energy Performance 16 - s� pmlcTaLs Fo5stole•Polr6:.. 11.!11:-: I crest Advanced Energy Near ng 1 Certified:101049 pOinte. SIlvsr:5010 59 points,Gold:80 to 79 points,Platinum: 80 to 110 • tem Demand Response 2 D. Renewable Energy Production 3 . 1 ods Enhanced Refrigerant Management 1 1 I fees Green Power and Carbon Orisons 2 • 39V•I .LSV-1 {7S,{' 9•-j 6^0^01=1 S.2 4 a 'IO 11111111111urn 1111111111111111111111(11111 C:FN 2013RO130383 OR BK 30884 Fss 23811-2386 (7Fss) This instrument was prepared by: RECORDED) 03/06/2018 15:34:2 MiitRyrEiDAIhi1:oi i iL[r tiYFLOOF RICDUAUfifName: Michael J.Marrero,Esq. Address: 200 S.Biscayne Blvd,Suite 850 Miami,FL 33131 • (Space reserved for Clerk) UNITY OF TITLE WHEREAS,the undersigned is the Owner of that property("Property")legally described as: • See Exhibit A Located in Aventura, Florida, and further identified by Miami-Dade County Folio Numbers: 28-1234-004-1220, 28-1234-004-1290, 28-1234-004-1300, 28-1234-004-1320, 28- 1234-004-1350, 28-1234-004-1360, 28-1234-004-1380, 28-1234-004-1390, and 28-1234-004- 1400. Owner recognizes and acknowledges that for the public health, safety and welfare, the herein-described property shall not be divided into separate parcels owned by several owners so long as the same is put to the hereinafter use, and In consideration of the issuance of permits for the subject 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 subject property in the following manner: That the Property,for the purpose of building,zoning and other applicable codes and regulations, shall be considered as one plot and parcel of land and that no portion of said plot and parcel of land shall be sold,transferred, devised or assigned separately,except in its entirety as one plot or parcel of land, with the exception being that portions of the building and improvements on the Property, before or after construction thereof may be sold, transferred, devised, mortgaged or assigned as condominium units, subject to being part of the condominium and subject to the declaration of condominium pursuant to which they are established, and/or air rights parcels, subject to a declaration of covenants pursuant to which they are established. The sale, transfer, devise, mortgage or assignment of condominium units and/or air rights parcels therein (and the resale •, pccwhTy same) shall not be deemed a violation of this Unity of Title. 44CLERK ity' west Rust S Unity of Title-Shalev Development Group,LLC Further,the sale,transfer,devise,or assignment to any governmental entity or utility provider or the recordation of a mortgage on any portion of the Property shall not be deemed to be in contravention of this Unity of Title. City Inspection. As further part of this Unity of Title,it is hereby understood and agreed that any official inspector of the City of Aventura,or its agents duly authorized,may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. Covenant Running with the Land. This Unity of Title on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at the Owner's expense, in the public records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and its heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of,and limitation upon,all present and future owners of the real property and for the public welfare. Further provided,however,that a release will be executed when the premises are made to conform with applicable zoning regulations or the use or structure is removed from the premises and there is no further reason to maintain the Unity of Title on the public records. Term. This Unity of Title is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Unity of Title is recorded after which time it shall be extended automatically for successive periods of ten(10)years each,unless an instrument signed by the,then, owner(s) of the Property has been recorded agreeing to change the covenant in whole,or in part,provided that the Unity of Title has first been modified or released by the City of Aventura. Modification, Amendment, Release. This Unity of Title may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner(s) of all of the Property, including joinders by all mortgagees, if any, provided that the same is also approved by the Director of the Aventura Department of Planning, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence. Should this Unity of Title be so modified, amended or released, the Director of the Department of Planning, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge,; .tle pffice in his absence, shall forthwith execute a written instrument e . _d acknowledging such modification, amendment or release. . 2 \16, mmown tu. ' Unity of Title-Shalev Development Group,LLC Enforcement. Enforcement shall be by action against any parties or person violating,or attempting to violate,any covenants. The prevailing party in any action or suit pertaining to or arising out of this Unity of Title shall be entitled to recover,in addition to costs and disbursements allowed by law,such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law,in equity or both. 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 hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this declaration is complied with. 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. { Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, then such construction, inspection and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and spirit of this Unity of Title. Severability. Invalidation of any one of these covenants,by judgment of Court,shall not affect any of the other provisions which shall remain in full force and effect. Approved O / !Ii /.v,f " - Dated IG y Ha-okaeg. pis - L. c- a s-r. Approved as to form&language and for execution i City Attorney Dated / 1CLERK r I Gw I w. • l [Signature Page to Follow] , No *tibia s. . , • • Witnesses: Li Shalev P Development Group,LLC P Signature Name of Corporation Et, t TA (.41 Address: Print Name 2199 NE 163rd Street North Miami Be/h FL 33162 sAts // Signatua S.: r ature a ,I//�- :y: C2e{ab(db '?/Vio .r Print Name (President,Vice-President or CEO*) [*Note: All others require attachment of original corporate resolution of authorization] STATE OF Fit.V I De COUNTY OF Wl i,Am i/P.ad-e• The foregoins instrument was acknowledged before me by the 173pAria.ar \th v of Shalev Development Group, LLC, on behalf of the company. He/She is personally known to me or has produced e f e. , as identification. Witness my signature and official seal this day of 1l--L .. ..2,____ 2017, _ in the County and State aforesaid. 140 ilv`l Notary Public-State of rie.e i D rt- l/A111"to IvLI dei Print Name My Commission Expires: plop" �‘ CLERK G 1 PP ,/, VALERIE WOLIVER irl's Notary Public-State of Florida o ICommission#FF 033386 7►�, ' My Comm.Expires Jan 21,2020' ifx, �°°° mum 4- N, a` � Bonded through National Notary Assn.v 4 .041),„.e c. , :c-, ,.....,___,:.„s„,-.4. .0 .4, Unity of Title-Shalev Development Group,LLC I JOINDER BY MORTGAGEE CORPORATION The undersigned Jasmin Investments, LLC, a Florida (state) corporation and Mortgagee under that certain mortgage from Shalev Development Group, LLC dated the 3rd day of February, 2017 , and recorded in Official Records Book 30453 , Page 3807 , of the Public Records of Miami-Dade County, Florida, covering all/or a portion of the property described in the foregoing agreement, does hereby acknowledge that the terms of this agreement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this day of 2017. Witnesses: It,, Jasmin Investments, LLC Sign re Name of Corporation eliAfet( &-.4,A, Address: Pri t Na e ,I 12455 Keystone Island Drive Signa le � '� - u `/Mo /Ce-aIll.,, ; C 0?.\inL IA l/y Print Na (President Vice-President or CEO") Print Name: T,T,16' [*Note:All others require attachment of original corporate resolution of authorization] STATE OF _� G'� '�� .'� " COUNTY OF fir / - , ii Thr- forgoing i instrument was acknowledged before me by ,t ' i &Q / -k ) the of Jasmin /In estments, LLC corporation, on behalf of the corporation. IdefShe is personally known to me or has produced , as identification. / OWitnes my signature and official seal this ..g/ day of 4 . jp Li , 20/fin the County nd State afores-id. ' 1 Notary Public-State of - „it,►„.` Notary Public State of Florida , / - ? 0. Susan P Kay S 1' .• 74 C ; My Commission FF 970972 vre,ne` Expires 04/0612020 Print Name My Commission Expires: el. :- LER 4� wcaoMr:txust ��O �414-COUO'� JOINDER BY MORTGAGEE TRUSTEE The undersigned Harold F. Kahn & Albina Angela Kahn Dickenson , Trustees and Mortgagee under that certain mortgage from Shalev Development Group, LLC dated the 27th day of February, 2017 , and recorded in Official Records Book 30453 , Page 3973 , of the Public Records of Miami-Dade County, Florida, covering all/or a portion of the property described in the foregoing agreement, does hereby acknowledge that the terms of this agreement are and shall be binding upon the undersigned and its successors in title. TV IN WITNESS WHEREOF, these presents have been executed this �` day of PC7 , 20/7 . Witne se /(177 - Harold F. Kahn & Albina Angela Kahn Dickenson Signature [1;--.::',. .'1 - .--':._..f, Trustees Address: Print Name �� 420 North 28th Avenue z_<._ 4 , /11 � Hollywood FL 33020 Signature — 1._/—•c•• ;-\-. P1,-).11,'pi By Print Name Harold . Kahn By: ./� ' /� Albina Angela Kahn Dickenson STATE OF g-,414---- COUNTY OF 8/tti'V✓ The foregoing instrument was acknowledged before me by 144O14 A /eI-tM/ and /9/4/Afif-44/ L /G/#41/0a16O/11,as Trustees, of •-M-4JS/1v0, /eV/ 04red Sir• Z3 / ,' on behalf of the trust. • He/She is personally known to me or has produced , as identification. r-- Witness my signature and official seal this .d` day of j5� �t/i,6,--- , 20ZZ in the County a d State foresai z,------- A " " Notary Public-State of fiortidn-� Ci I • ",l i•rAr?v*� MARK F.B(asi 1 i; Print Name ' (�J= *MYCOMMISSION$GG076175 $ '-1 :art •'9.' Hl JIfr EXPIRES:Febru•ary 22,2021 Q e 9.3, 0001►T TRUS1 4t• `of fop Bonded Thar e 4p My Commission Expires: udpelNotary Sontes AaFC01)0* [1:Vorms\Joinder by Mortgagee Trustee-Kahn Trust doc(1216/17)] • • • e R BK 30384 ='G 386 LAST PAGE (-. City of Aventura Resolution No. 2016-0 Exhibit "A" • Legal Description of Property 2851 NE 213 Street, City of Aventura Parcel 1 —Jasmin Investments LLC Lots 1, 2, 3, 4, 5 and 10 in Block 37 and Lots 6 and 7 in Block 38 of Hallandale Park, according to the Plat thereof, recorded in Plat Book 12, page 37 of the Public Records of Miami-Dade County, Florida. Parcel 2 —Kahn Trustees Lot 10, Block 29 and Lots 6 and 7, Block 30 of Hallandale Park, according to the Plat thereof, recorded in Plat Book 12, page 37 of the Public Records of Miami-Dade County, Florida Lots 8 and 9 in Block 37 of Hallandale Park, according to the Plat thereof, recorded in Plat Book 12, page 37 of the Public Records of Miami-Dade County, Florida Lots 8, 9 and 10 in Block 38 and Lot 1 in Block 39 of Hallandale Park, according to the Plat thereof, recorded in Plat Book 12, page 37 of the Public Records of Miami-Dade County, Florida Lots 1, 2 and 3 in Block 38 of Hallandale Park, according to the Plat thereof, recorded in Plat Book 12, page 37 of the Public Records of Miami-Dade County, Florida Lots 4 and 5 in Block 38 of Hallandale Park, according to the Plat thereof, recorded in Plat Book 12, page 37 of the Public Records of Miami-Dade County, Florida o'IATE Or i-t. E�rh, C Oi ; t l HEREBY CERTIFY:Ir(rIhat this x5urs a lrue t copyur of uthe fP�• .G�tir`r vat ttrq< on filed in this office on day of u 4 MAR i 6 i ,A.D.20 � z. WITNESS hand a •.Official Sea 'it 9 RV ►1�1 ,c'�K.of&r`' �‘, .,�w.1..r County Courts �°F _ D.C. NI OLE D 'VIS #79943 Page 7 o17 11 1111 Hill 11111 11111 Bill 1111111111 liii liii CF 1,1 21_016R.o649374 OR BK 30302 P s 3053-3062 (10P s) RECORDED 11/09/2016 12:39:43 This instrument was prepared by: HARVEY RUVIN, CLERK OF COURT City of Aventura MITAi1I-DADF. COUNTY? FLORIDA 19200 West Country Club Drive Aventura,FL 33180 (Reserved for Clerk) RESTRICTIVE COVENANTS AND AGREEMENT PURSUANT TO CITY OF AVENTURA GREEN BUILDING ORDINANCE NO.2009-18 KNOW ALL BY THESE PRESENTS that the undersigned Owner hereby makes, declares and imposes on the land herein described, this agreement and covenant running with the land, which shall be binding on the Owner, all heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by,through or under them; RECITALS WHEREAS, Chabad House of North Dade Inc.("Owner"), holds fee simple title to the land in the City of Aventura, Miami-Dade County, Florida, more specifically described in Exhibit "A", attached hereto, and hereinafter called the"Property", and WHEREAS, the City Commission of the City of Aventura ("City") adopted a Green Building Program by Ordinance No. 2009-18 on October 6, 2009, and WHEREAS the Green Building Program provides incentives to the Owner to attain LEED® certification by the Green Building Certification Institute and the Owner has filed an application to the City Commission for award of those incentives through the Conditional Use Approval process in the City Code; and WHEREAS Ordinance No. 2009-18 requires that any Green Building Program Participant requesting award of incentives shall provide its LEED® certification checklist to the City and that the checklist and certification details shall be confirmed through a written agreement between the property owner and the City and through a covenant recorded in the Public Records, and WHEREAS, the Owner is desirous of developing the Property for commercial and • religious purposes and wants to assure the City that the development will be built in accordance with proffered plans consistent with the City Code, and specifically, that the building will be constructed so as to attain LEED® Gold or Platinum certification by the Green Building Certification Institute, and (W6401325 I) 1 WHEREAS, the Owner has proposed the manner of compliance with LEED® Gold or Platinum certification pursuant to the checklist attached as Exhibit "B" and wishes to assure the City that these checklist items will be incorporated into the development, shown or noted on the building permit plans and maintained in perpetuity. NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner hereby agrees and covenants, for themselves, their heirs, successors and assigns as follows: 1. Recitals. The above recitals are true and correct and are adopted by the Owner and are incorporated as part of this Agreement. 2. Covenant Running With The Land. This Restrictive Covenant and Agreement (hereinafter referred to as the "Covenant") on the part of the Owner shall constitute a covenant running with the land and will be recorded, at Owner's expense, in the public records of Miami-Dade County, Florida, and shall remain in full force and effect and be binding upon the heirs, successors and assigns of the respective parties hereto. 3. Site Plan. The Property will be developed in accordance with the site plan entitled "Aventura Chabad and Two Ten Aventura under Case File No. 07 -SP-14 ("Site Plan"). 4. Green Building Design Elements. The owner proposes to construct the building with green building design elements shown on Exhibit"B" so as to attain LEED®for Core and Shell Gold or Platinum certification by the Green Building Certification Institute. 5. Building Permit. The owner shall cause all LEED® checklist items listed in Exhibit "B"to this Covenant to be shown or noted on the construction plans submitted to the City for Building Permit application. 6. Maintenance of the Green Building Design Elements. The green building design elements as listed on the LEED® checklist and constructed pursuant to the Building Permit shall be maintained by the owner or subsequent owner(s) in perpetuity. 7. Performance Bond. Prior to issuance of a building permit for this development, the Owner shall provide to the City a performance bond or other security in form approved by the City Manager and City Attorney in the amount of 5% of the value of the proposed costs of construction as approved by the City's Building Official to guarantee LEED® Gold or Platinum certification of the building by the US Green Building Certification Institute. The bond or security shall be subject to call by the City one hundred and eighty (180) days from the issuance of the certificate of occupancy or certificate of completion, whichever first occurs, if LEED® certification has not been achieved by that time. Reasonable extensions of time, up to a maximum of one (1) year from the issuance of the certificate of occupancy or (W0401325.1) 2 certificate of completion, whichever first occurs, may be granted by the City Manager or his designee for good cause. If the Owner fails to complete LEED® certification as committed within one (1) year from the issuance of the certificate of occupany or certificate of completion,then the City Manager or his designee shall deem such bond or security forfeited to the City for any lawful governmental purpose identified by the City Commission. If the development receives LEED® certification at the level committed by the Owner prior to the expiration of the one hundred and eighty (180) day period provided for above, or extensions of time as granted by the City Manager or his designee, and the bond or security has not been forfeited as provided above, then the bond or security may be released following submittal to the City of written proof of level of LEED® certification awarded by the Green Building Certification Institute. 8. Term. The provisions of this Covenant shall become effective upon their recordation in the public records of Miami-Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the then Owners of the Property or portion of the Property for which the release is sought, and by the City Manager upon the demonstration that the same is no longer necessary to preserve and protect the Property for the purpose herein intended. 9. Multiple Ownership. In the event multiple ownerships are created subsequent to site plan approval, each of the subsequent owners, mortgagees, heirs, assigns and other parties in interest shall be bound by the terms, provisions and conditions of this Declaration. 10. Modification or Release. The individual Parcels within the Property may be modified or released from this Declaration should the approved building be demolished or destroyed and a new building erected in its place that does not apply for incentives under the City of Aventura Green Building Program set out in Ordinance No. 2009-18; provided, however, that any release or modification shall be approved by the City Manager as described in Section 8 hereof. 11. Enforcement. Enforcement shall be by action against any parties or persons violating or attempting to violate any of these covenants. The prevailing party in any action or suit arising out of or pertaining to this Covenant shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may determine to be reasonable for the services or his attorney. This enforcement provision is in addition to any other remedy at law, in equity or both. Iti 12. Severability. Invalidation of any one of these Declarations, by judgment of Court, shall not affect any of the other provisions,which shall remain in full force and effect. 13. 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 {W0401325.I} 3 • to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights,remedies or privileges. 14. Authorization of City to Withhold Permits and Inspections. In the event of a violation of this Covenant, in addition to any other remedies available, the City is hereby authorized to withhold any permits, and refuse to make any inspections or grant any approval,until such time as this Declaration is complied with. 15. Recording. This Covenant shall be recorded in the Public Records of Miami-Dade County at the Owner's expense. WITNESSES: CHABAD HOUSE OF NORTH yy ,, DADE, INC. A Florida corporation Pri ame.. 4Q)L L LJE44,5'11.00 By: AWkWAV Print Nam • : ; • TI Print Name: * - ,Fe--- Title: President [CORPORATE SEAL] W0401325.1) 4 • STATE OF FLORIDA ) : ss COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of September, 2016, by Jacob Serfati, as President of Chabad House of North Dade, Inc., a Florida corporation, who is personally known to me or who has produced as identification, who executed same for the purposes described therein. [SEAL] Printed Name:0 Poe 0••••••ef, RAQUELWELLS . - Lia% MY COMMISSION t FF 163449 .< My Commis 'on Expires: I� EXPIRES:January 25,2019 44.0,wtP Bonded Thru Butet Notary Services Notary Public, State of, A. at Large ACCEPTED : HE C Y OF AVENTURA By: `�• ,, t. • City Man.: �-L Tr. Date: 9j / . 2016 * ``i_ 7./y` Attest: �� f Lov City Clerk Approved as to form and legal sufficiency on this day of , 2016 City Attorney {W0401325 IJ 5 i 1 1 p S1 E STATE OF FLORIDA ) : ss COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this £O 4 day of September,2016, by Jacob Serfati, as President of Chabad House of North Dade, Inc., a Florida corporation, who is personally known to me or who has produced as identification, who executed same for the purposes described therein. [ i [SEAL] I Printed N e• / d .e'',`°'::: 6 RAQUERWEUB �7�f JJ /ai 'iso *�; • EXPIRES: aI FF SUP My Commisa4'on Expires:_ t 44 orn• eadeetboutesoby3arbn Notary Public, State of,42.-2,24../ at Large t ACCEPTED BY THE CITY OF AVENTURA By: • City Manager 1 i Date: ,2016 i Attest: 1 City Clerk t i rh 1l 0 I Approved as to form d F l al sufficiency on i . il\I day of , 2016 1 City Attorney e i { t l I 1 1 1 (W0401323.1) 5 i I I 1 I EXHIBIT "A" Legal description of Property: (W0401325.1) 6 All of Block 1 of "Hallandale Park No. 11", according to the Plat thereof, as recorded in Plat Book 27, Page 39 of the Public Records of Miami-Dade County, Florida Together with.A portion of that 25.00 foot strip of land formerly known as Harvard Avenue (presently designated as NE 29 Avenue) as shown Plat entitled "Hallandale Park No. 11" according to the Plat thereof as recorded in Plat Book 27, Page 39 of the Public Records of Miami-Dade County, Florida lying northerly at the north right of way boundary of NE 210 Street . formerly known as Montclair Way as shown on said plat entitled "Hallandale Park No. 1 1"; said tract of land being more particularly described as follows Begin at the northwest corner of the NE 1/4 of the SE 1/4 of the NW % of Section 34, Township 51 South, Range 42 East, Miami-Dade County, Florida, said point also being the westerly corner of Tract A of Donn Acres according to the plat thereof as recorded in Plat Book 76, Page 30 of the Public Records of Miami-Dade County Florida; then run N89°46'30" East along the north boundary of the South '/2 of the NE 1/4 of the SW 1/4 of the NW 1/4 of said Section 34, being also along the westerly projection of the north boundary of Lot 11 , Block 1 of said Hallandale Park No 11 a distance of 25.00 feet to the northwest corner of said Lot 11, thence run S01°03'38" E along the west boundary of Lot 11 a distance of 31.38 feet to the point of curvature of a curve concave to the northeast and having for its elements a radius of 25.00 feet and a central angle of 89°11'52", thence run southeastwardly, eastwardly and northeastwardly along the arc of said curve a distance of 38-92 feet to the point of tangency; then run S89°44'30"W along the westerly projection of the south boundary of said Lot 11 a distance of 38.06 feet to a point of deflection; thence run N65°41'00" W along:a line that is perpendicular southeasterly right of way boundary of Federal Highway (also known as US 1, also known as State Road 5) as shown on.right of way map as recorded in Plat Book 34, Page-54A, of the Public Records of Miami-Dade County, Florida, a distance of 12.83 feet to the point of intersection with the west boundary of the NE '/4 of the SE '/4 of the NW 1/4 of said Section 34; thence run N01°03'38"W along the last described line being also along the east boundary of Lot 2, Block 6, Map of the Town of Hallandale in Section 34, Township 51, Range 42 East, Miami-Dade County, Florida, according to the Plat thereof as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade County, Florida, a 111 distance of 50.71 feet to the point of beginning Together with: A portion of Tracts A, B and C of Donn Acres, according to the plat thereof as recorded in Plat Book 76 at Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows:Commence at the Northeast corner of Section 34, Township 51 South, Range 42 East; thence run S01°59'03"E along the easterly line of said Section 34 for 659.14 feet; thence run S88°00'57"W for 40 feet; thence run S01°59'03"E for 50 feet; thence run S88°26'03"W for 1953.55 feet to -a point; said point bearing $72°44'41"E from the center of the next described curve; thence run southwesterly along a circular curve to the right having for its elements-a central angle of 05°27'59" and a radius of 4752 05 feet for an arc distance of 453.38 feet to a point of tangency; thence run S22°43'18"W for 574.92 feet; thence run S88°12'28"W.for 265.99 feet to the point of beginning; thence continue S88°12'28"W for 634 70 feet; thence run_ NO2°37'40"W for 25.00 feet; thence run N88°12'28"E for 634 57 feet; thence run S02°55'32" East for 25 00 feet to the point of beginning EXHIBIT "B" LEED®Certification Checklist (W0401325.1) 7 I I I - ,< ' LEED v4 for BD+C: Core and Shell ( Q l Project Checklist Project Name. 210 Aventura \,.,.. ° Date: 12/22/2015 Y 7 N 1 Integrative Process 1 6 6 8 Location and Transportation 1 20 1 7 6 Materials and Resources 1 14 0 caedw LEED for Neighborhood Development Location 20 Y Prereq Storage and Collection of Recyclables Required 2 crew Sensitive Land Protection 2 Y Prereq Construction and Demolition Waste Management Planning Required 3 crew High Priority Site 3 3 3 crew Building Life-Cycle Impact Reduction 6 2 2 2`crew Surrounding Density and Diverse Uses 5 1 1 Crede Building Product Disclosure and Optimization-Environmental Product 2 Declarations 2 2 2 crew Access to Quality Transit 6 1 1�Cree Building Product Disclosure and Optimization-Sourcing of Raw Materials 1 crew Bicycle Facilities 1 1 1 Crew Building Product Disclosure and Optimization-Material Ingredients 2 1 crew Reduced Parking Footprint 1 1 1 credo Construction and Demolition Waste Management 2 1 crew Green Vehicles 1 1 I 5 3, 2 Indoor Environmental Quality 10 6 3 2 Sustainable Sites 11 Y Prereq Minimum Indoor At Quality Performance Required Y Prereq Construction Activity Pollution Prevention Required Y Prereq Environmental Tobacco Smoke Control Required 1 credit Site Assessment 1 1 1 crew Enhanced Indoor Air Quality Strategies 2 2 Crew Site Development-Protect or Restore Habitat 2 2 1 tree Low-Emitting Materials 3 1 r credit Open Space I 1 crew Construction Indoor Air Quality Management Plan 1 + 1 2 /Crede Rainwater Management 3 1 2 cede Daylight 3 2 crew Heal Island Reduction 2 1 Credit Quality Views 1 1 , credit Light Pollution Reduction 1 - 1 tree Tenant Design and Construction Guidelines 1 4 2 0 Innovation , 6 I3 2 Crede Innovation 5 2 5 4 Water Efficiency 11 1 Crede LEED Accredited Professional 1 Y Prereq Outdoor Water Use'Reduction Required w ✓ Prereq Indoor Water Use Reduction Required 1 1 2 Regional Priority 4 ✓ P.ereq Building-Level Water Metering 1 Required 1 crew Regional Priority:Specific Credit 1 1 1 crew Outdoor Water Use Reduction 2 1 crew Regional Priority:Specific Credit 1 rq 1 2 3 crew Indoor Water Use Reduction 6 1 creel Regional Priority:Specific Credit1.— .e�J. 1 1 crew Cooling Tower Water Use 2 1 creat Regional Priority:Specific Credit 1}7.1 I crew Water Metering 1 4I I 34 34 42 TOTALS Possible Points 110 -4-413)9 6 18 Energy and Atmosphere 33 Certified:40 to 49 points, Silver:50 10 59 points. Gold:60 to 79 points. Platinum.80 to 110 Y Prereq Fundamental Commissioning and Verification Required 1 1 -n Y Prereq Minimum Energy Performance Required 3>l4 Y Prereq Building-Level Energy Metering Required I I ✓ Prereq Fundamental Refrigerant Management Required , 2 2 2 crew Enhanced Commissioning 6 rri 5 2 11 crew Optimize Energy Performance 1 B =1 1 crew Advanced Energy Metering 1 }V 2 Crede Demand Response 2 3 crew Renewable Energy Production 3 l 7.1 1 crew Enhanced Refrigerant Management 1 641 1 r 1 cleat Green Power and Carbon Offsets - 2 -1 L _ J to