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Home My WebLink AboutExhibit B (Obsolete; FR)Prepared by, and after recording • ,1 please return to: NOTICE Alejandro Uribe Sevilla-Sacasa, Esq. 2800 Ponce de Leon Blvd. Suite 1200 �19°ee"sm-Ih.&e de ,apbkh-1,g " °'°'°�wntlme"°es,e,°"h'°the"Ty& 1,1 MW wlllWinlor-PPUla�phebpu Wil Coral Gables Florida 33134 obWY bic hez 6 PZ-22-1512 04/27/23 Please return this instrument after recording to: Office of the City Attorney City of Miami 444 SW 2" Avenue, Suite 945 Miami, Florida 33130 Reserved for Recording DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENT that the undersigned, LAZO INVESTMENTS WEST BRICKELL, INC, a Florida corporation, LAZO INVESTMENTS, INC., a Florida corporation, and HERNAN LAZO, (the "Owners") hereby make, declare and impose on the land herein described, this Declaration of Restrictive Covenant (the "Declaration"), and the covenants running with the title to the land contained herein, which shall be binding on the Owners, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under it. WHEREAS, Lazo Investments West Brickell, Inc. holds fee simple title to the real property located at 205 SW 8t"Avenue and 766 SW 2' Street, lying in the City of Miami, Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, Lazo Investments, Inc. holds fee simple title to the real property located at 779 SW 3rd Street, lying in the City of Miami, Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, Heman Lazo holds fee simple title to the real property located at 219 SW 8� Avenue, lying in the City of Miami, Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, the Owners have filed an application to rezone the Property from T4-L to T5-L (the "Application"); and WHEREAS, the Owners wish to assure the City of Miami (the "City") that representations made by the Owners in connection the Application are complied with; NOW THEREFORE, in order to assure the City that the representations made during the consideration of the Application will be abided by, the Owners freely, voluntarily and without duress make the following Declaration of Restrictive Covenants running with the title to the land (this "Declaration") covering and running with the Property: 11 `tom P NOTICE This submittal needs b be scheaolee bra public heming In acco d—whh bmellnes set forth in the City M Miami Cmtle. The applicalde decision -making bWy Wil 1. Recitals. The above recitals to this Declaration and exhibits referenced the we.neno man°natthepab°`bed"ngtere°'er° danon or a anal aeudon. and correct and hereby incorporated by reference and made a part hereof Pz�04/27/233 2215126 2. Covenants• All residential units developed at the Property shall be restricted to Affordable Housing, as defined in Section 1.2 of the Miami 21 zoning ordinance ("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. 3. Covenant Running with the Land. This Declaration on the part of the Owners shall constitute a covenant running with the land and shall be recorded, at Owners' expense, within thirty (30) days of acceptance by the City in the public records of Miami -Dade County, Florida. 4. Effective Date. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida. 5. Term. This Declaration 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 amended, modified or released pursuant to Paragraph 6 herein. 6. Modification, Amendment, Release. The provisions of this instrument may be amended, modified or released by a written instrument executed by the then owner(s) of the Property, including, if necessary, joinders of all mortgagees provided the same is also approved by the City Commission. Any modification, amendment or release shall be in a form acceptable to the City Attorney. 7. Enforcement. Enforcement shall be by action against the parties or person(s) violating, or attempting to violate, any covenants in this Declaration or the then Owners at the time the violation is committed. The prevailing party to any action or suit pertaining to or arising out of this Declaration 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/her attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 8. Severability. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. 9. Remedies. All rights, remedies and privileges granted herein shall be deemed to by cumulative and the exercise of any one or more shall neither be deemed to constitute an election or remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. Pa f `tom P NYC' NOTICE [Signature Pages to Follow] 'e'°°meal°eetl`mbee`hetl° reWnewihe inlormatlontlmelelntlecsefMhIth,City M MlmjCWe.The pplcdision-mhing boywll at the pubic hearing to rentler e recommentlatlon or a final tleclaon. PZ-22-15126 / 04/27/23 // `tom P NOTICE Signed, witnessed, executed and acknowledged this day of m�alneetlsbbeechetloletlbraph,City& InaI CWr We. P Umillnes set forth in the CityM Mlaml Cmtle. Theapplicade tlecbk-mahingb -de' 'll reWewiheinlormatlon at the pu b,chearing, rentlere recommentlatlon or a final tleclaon. PZ-22-15126 By: LAZO INVESTMENTS WE Z-22-151 7/23 BRICKELL, INC., a Florida corpor 4% Hernan Lazo, President Witnesses Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 2023, by means of [ ] physical presence, or [ ] online notarization, by Hernan Lazo, as President of Lazo Investments West Brickell, Inc., a Florida corporation. He or she is [ ] personally known, [ ] or produced El as identification. Print or Stamp Name: Notary Public, State of Commission No.: N/A My Commission Expires: `tom P NOTICE Signed, witnessed, executed and acknowledged this day of m�alneetlsbbeechetloletlbraph,City& InaI CWr We. P Umillnes set forth in the CityM Mlaml Cmtle. Theapplicade tlecbk-mahingb -de' 'll reWewiheinlormatlon at the pu b,chearing, rentlere recommentlatlon or a final tleclaon. PZ-22-15126 By: LAZO INVESTMENTS, IN 04/27/23 corporation Hernan Lazo, President Witnesses Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 2023, by means of [ ] physical presence, or [ ] online notarization, by Hernan Lazo, as President of Lazo Investments, Inc., a Florida corporation. He or she is [ ] personally known, [ ] or produced 0 as identification. Print or Stamp Name: Notary Public, State of Commission No.: N/A My Commission Expires: Signed, witnessed, executed and acknowledged this day of , HERNAN LAZO Witnesses Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this _ day of f `tom P NYC' NOTICE This submittal nestle b be scheaolee br a pubkc hearing In accortlana wkh tlmelln1 set forth in the City M Mi"I CWtl. TheappUm Lie dmmio making btly will reWewihe inlormatlon at the pubkc hearing to rentler e recommentlatlon or a final tleGaon. PZ-22-15126 / 04/27/23 // 2023, by means of [ ] physical presence, or [ ] online notarization, by Hernan Lazo. He or she is [ ] personally known, [ ] or produced identification. 1.1 Print or Stamp Name: Notary Public, State of Commission No.: N/A My Commission Expires: A APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ City Attorney f `tom P NYC' NOTICE This submittal neetls b be scheaolee br a public hearing In accortlana wkh brnelln1 set forth in the City M Ml"l CWtl .The appU-de dmmi- making btly will reWew thelnbrm - at the public hearing to n:ntlera rermentlatlon or a final d-WI,. PZ-22-15126 / 04/27/23 EXHIBIT "A" LEGAL DESCRIPTION Lots 9, 10, and 11 in Block 22 of CITY OF MIAMI SOUTH, according to the plat th orded at Plat Book B, Page 41 of the Public Records of Miami -Dade County, Florida Also known as: 205 SW St" Avenue, Miami, Florida Folio: 01-0202-020-1120 Also known as: 219 SW St" Avenue, Miami, Florida Folio: 01-0202-020-1110 Also known as: 779 SW 3rd Street, Miami, Florida Folio: 01-0202-020-113 0 Also known as: 766 SW 2nd Street, Miami, Florida Folio: 01-0202-020-1100 �•3 f `tom P NYC' NOTICE This submittal neetls b be scheaolee br a pubkc hearing In accortlana wkh tlmelln1 set forth in the City M Mi"I CWtl. TheappUm Lie dmmio making btly will reWewihe inlormatlon at the pubkc hearing to n:ntler a rer mentlatlon or a final tleGaon. PZ-22-15126 / 04/27/23 //