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Home My WebLink AboutExhibit BDocument prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Planning Department, Attn: Planning Director 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130-1910 Folio No(s):01-0202-020-1120; 01-0202-020-1100; 01-0202-020-1130; 01-0202-020-1110 f `tom P NYC' NOTICE This submittal neetls b be scheaolee br a public hea,ing In accortlana whh tlmelln1 set forth in the City M Miarnl CWtl .The appUm Lie dmmion-rnahing btly will reWewthe lnlormatlon at the public hearing to rentler e recomme dtl ., or a final d.dm.,. PZ-22-15126 / 07/14/23 // (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day _ _ of , 20, by LAZO WEST BRICKELL INVESTMENTS, INC, a Florida corporation with mailing address at 1361 NW 8th Avenue, Miami, Florida 33136; LAZO INVESTMENTS, INC, a Florida corporation with mailing address at 201 NW 8 Avenue, Miami, Florida 33130, and HERNAN R. LAZO, who's mailing address is 201 SW 8 Avenue (collectively, the "Owners"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City") WITNESSETH: WHEREAS, Owners hold fee -simple title to certain property in the City of Miami, Florida, located at 205 SW 81h Avenue, 766 SW 2nd Street, 219 SW 8d' Avenue and 779 SW 3rd Street, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Owners have filed an application to rezone the Property from T4-L to T5-L (the "Application"); and `tom P NOTICE Declaration of Restrictive Covenants �°° mdtlea.1ab11111s M1°ne °City& MlmlCdcappUmile io-mking boy wll Folio Nos 01-0202-020-1120J 01-0202-020-1100J dthe pbe de"ngl aon°r a final dedaon. 01-0202-020-1130; 01-0202-020-1110 Pz-22-15126 WHEREAS, the Owners wish to assure the City that representations made by 07/14/23 in connection with the Application are complied with; NOW THEREFORE, the Owners, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, voluntarily covenant and agree that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owners of the Property, and their heirs, grantees, successors, and assigns as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Use/Restriction: All residential units developed at the Property shall be restricted to Affordable Housing, as defined in Section 1.2 of Miami 21, except for those residential units required to be maintained as Workforce Housing units by the Attainable Mixed -Income Housing Development Regulations contained in Section 3.15 of Miami 21, or as otherwise permitted by state law. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owners, their 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. 4. Term of Covenant. This voluntary covenant on the part of the Owners shall remain in full force and effect and shall be binding upon the Owners, their successors in interest 2 `tom P OICE Declaration of Restrictive Covenants IL'/T b11111s Mh 1°ne°City&"9 Folio Nos 01-0202-020-1120. 01-0202-020-1100 J J ppile decision -making body will n°althe pabedea"^9'e,e�de,a dab on°r a final dedaon. 01-0202-020-1130; 01-0202-020-1110 -22-15126 and assigns for an initial period of thirty (30) years from the date this instrument i714/23 the public records, and shall be automatically extended for periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. 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 of the City of Miami's inspector 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. 6. Cumulative. 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 of 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. 7. Amendment, Modification, Release. This instrument may be modified, amended, or released as to any portion or all of the Property only after the occurrence of a public hearing before, and approval from, the City Commission. Any amendment, modification, or release shall 3 `tom P IL'/T OICE Declaration of Restrictive Covenants b11111s Mh 1°ne°City& ppile decision -making body will Folio Nos 01-0202-020-1120. 01-0202-020-1100 n°^a"°e p°bk dea"ngl J J dabon°r z final dedaon. 01-0202-020-1130; 01-0202-020-1110 -22-15126 be executed by the Planning Director and the Zoning Administrator, or their��4i2a designee, and be in a form acceptable to the City Attorney. 8. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owners, within thirty (30) days of the acceptance by the City. The Owners shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 10. Counterparts/Electronic Si nature. This Declaration may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration. The parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. 11. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owners, its successors, or assigns. SIGNATURE PAGES TO FOLLOW 4 Declaration of Restrictive Covenants Folio No(s): 01-0202-020-1120; 01-0202-020-1100; 01-0202-020-1130;01-0202-020-1110 IN WITNESS WHEREOF, the undersigned has set his hand and seal this 20 Witnessed by: Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) LAZO WEST INVESTMENTS, INC, corporation Hernan R. Lazo, President f `tom P NYC' NOTICE This submittal neetls b be scheaolee br a public hea,ing In accortlana whh tlmelln1 set forth in the City M Mi"I CWtl .The appUm Lie dmmion-rnahing btly will reWewthe lnlormatlon at the public hearing to rentler e recommentlatlon or a final tleGaon. +� PZ-22-15126 / �Av 07/14/23 // day o BRICKELL a Florida The foregoing instrument was acknowledged before me, by means of physical presence OR _ online notarization, this day of , 20 by Hernan R. Lazo, President, of Lazo West Brickell Investments, Inc. He personally appeared before me, is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: 5 `tom P NOTICE Declaration of Restrictive Covenants °°a�oda'��aw b1,[11s l& I°ne°City& Mlaml Cmtle. TheappUm Lie tlecls1° making b°tly will Folio Nos 01-0202-020-1120. 01-0202-020-1100 wewme o man°^a"°ep°bkhe 1 )� J J tlatlon °rz final tledaon. 01-0202-020-1130; 01-0202-020-1110 Pz-22-15126 IN WITNESS WHEREOF, the undersigned has set his hand and seal this 07i14i23 20 Witnessed by: Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) LAZO INVESTMENTS, INC, a Florida corporation Hernan R. Lazo, President The foregoing instrument was acknowledged before me, by means of physical presence OR _ online notarization, this day of , 20 by Hernan R. Lazo, President, of Lazo Investments, Inc. He personally appeared before me, is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: 6 Declaration of Restrictive Covenants Folio No(s): 01-0202-020-1120; 01-0202-020-1100; 01-0202-020-1130;01-0202-020-1110 IN WITNESS WHEREOF, the undersigned has set his hand and seal this 20 Witnessed by: Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) Hernan R. Lazo f `tom P NYC' NOTICE This submittal neetls b be scheaolee br a public hea,ing In accortlana whh tlmelln1 set forth in the City M Mi"I CWtl .The appUm Lie dmmion-rnahing btly will reWewthe lnlormatlon at the public hearing to rentler e recommentlatlon or a final tleGaon. PZ-22-15126 / 07/14/23 // The foregoing instrument was acknowledged before me, by means of physical presence OR _ online notarization, this day of , 20 by Hernan R. Lazo. He personally appeared before me, is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: 7 `tom P NOTICE Declaration of Restrictive Covenants �--da'1-a b11111s Mh 1°ne°City&"9 Folio Nos 01-0202-020-1120. 01-0202-020-1100 J J Mi"I CWd .The appU-de dmmi- making body will dewme�o man°^dthe p°bkh—i'gt.—de,a lobo, °, z final dedaon. 01-0202-020-1130; 01-0202-020-1110 Pz-22-15126 07/14/23 . APPROVED AS TO CONTENTS: • Lakisha Hull, AICP, LEED AP B+DC Planning Director Daniel S. Goldberg, Esq. Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney 8 `tom P NOTICE Declaration of Restrictive Covenants �°° da'1�a b11111s Mh 1°ne°City&"9 Folio Nos 01-0202-020-1120. 01-0202-020-1100 J J Mlaml CWd. TheappUm ile dmmi° making body will dewme�o man°^dthep°bkh—l'i;t., de,a lobo, °, z final dedaon. 01-0202-020-1130; 01-0202-020-1110 Pz-22-15126 Exhibit "A" 07/14/23 As to Lazo West Brickell Investments, Inc: THE NORTH 100 FEET OF LOT 10 LESS THE NORTH 7.5 FEET, BLOCK 22, OF THE CITY OF MIAMI SOUTH, ACCORIDNG TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. and THE NORTH 100 FEET OF LOT 9, BLOCK 22, OF CITY OF MIAMI SOUTH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. As to Lazo Investments, Inc: LOT 11, BLOCK 22, CITY OF MIAMI SOUTH, ACCORIDNG TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. As to Hernan R. Lazo: THE SOUTH 50 FEET OF LOTS 9 AND 10, BLOCK 22 SOUTH, AL. KNOWLTON'S MAP OF MIAMI, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 9