HomeMy WebLinkAboutExhibitPrepared by and after recordation return to
Steven W. Simon. Esq
Bilzin Smnberg Baena Price & Axelrod, LLP
200 South Biscayne Blvd , Suite 2500
Miami, FL 33131
(305) 35(7-7221
SECOND AMENDMENT TO
DECLARATION OF RESTRICTIVE COVENANTS
IN LIEU OF UNITY OF TITLE
This Second Amendment to Declaration of Restrictive Covenants in Lieu of Unity of
Title (the "Second Amendment") is executed this day of , 2008 by
Wagner Square, LLC, a Florida limited liability company ("WS"), and Wagner Square I, LLC, a
Florida limited liability company ("WSI"), and Wagner Square III, LLC, a Florida limited
liability company ("WSIII"), (together the "Owner"), all having an address of 11098 Biscayne
Boulevard, Suite 103, Miami, Florida 3316.
WHEREAS, Owner holds fee simple title to certain property located in the City of
Miami, Miami -Dade County, Florida, more particularly described on Exhibit "A" attached hereto
and incorporated herein (the "Property") of which WS owns the Phase II Parcel, WSI owns the
Phase I Parcel and WSIII owns the Phase III Parcel (as the same are described on Exhibit "B"
attached hereto); and
WHEREAS, the Property is subject to that certain Declaration of Restrictive Covenants
in Lieu of Unity of Title dated August 30, 2007, recorded August 31, 2007 in Official Records
Book 25896 at Page 4384 (the "Declaration") as amended by that certain First Amendment to
Declaration of Restrictive Covenants in Lieu of Unity of title dated January 11, 2008, recorded
March 6, 2008 in Official Records Book 26250 at age 4832, both of the Public Records of
Miami -Dade County, Florida (the "First Amendment"); and
WHEREAS, the development plan for the Property has been modified necessitating this
Second Amendment.
NOW THEREFORE, Paragraphs 3 and 5 of the Declaration are amended as follows:
Delete the non -numbered paragraph immediately below Paragraph 3(n) of the
Declaration that states:
S%L ilog-/&
M I AM 11589642 1 7596226519
The Easement and Operating Agreement shall be subject to the
prior written approval of the City's Director of Planning, the
Zoning Administrator and the Director of Public Works or their
respective designees or successors and approved as to form by the
City Attorney. When executed, a certified copy of the recorded
Easement and Operating Agreement shall be provided to the City's
Director of Planning and the Zoning Administrator prior to the
issuance of a Temporary Certificate of Occupancy or Certificate of
Occupancy, whichever comes first. The Easement and Operating
Agreement shall not be amended with respect to items (a) through
(n) above, without the prior written approval of the City's Director
of Planning, the Zoning Administrator, the Director of Building
Department and the Director of Public Works. The Easement and
Operating Agreement may contain such other provisions with
respect to the operation, maintenance and development of the
Property as to which the parties thereto may agree, all to the end
that although the Property may have several owners, it will be
construed, conveyed, maintained and operated in accordance with
the Resolution.
and replace it with
When executed, a certified copy of the recorded Easement and
Operating Agreement shall be provided to the City's Planning
Director and the City's Zoning Administrator prior to the issuance
of a Temporary Certificate of Occupancy or Certificate of
Occupancy, whichever comes first. The Easement and Operating
Agreement may contain such other provisions with respect to the
operation, maintenance and development of the Property as to
which the parties thereto may agree, all to the end that although the
Property may have several owners, it will be construed, conveyed,
maintained and operated in accordance with the Easement and
Operating Agreement.
Delete Paragraph 5 that states:
5. Amendment and Modification: The provisions of this
instrument may be amended, modified or released by a written.
instrument executed by the owners of the Property (which for these
purposes shall not include owners of condominium units) or
condominium association(s) in the case of any portion(s) of the
Property which has been submitted to the condominium form of
ownership, whichever is applicable, including joinders of all
mortgagees, if any, provided however that any such instrument or
•amendment, modification or release shall provide that same has
been approved by the City of Miami Commission in accordance
.with its legal requirements. Should this Declaration of Restrictive
Covenants in Lieu of Unity of Title be so modified, amended, or
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M I A M 11589642 1 7596226519
released, the Directors of the Departments of Planning, Building
and Public Works and the Zoning Administrator of the City of
Miami, or their respective designees or successors, shall forthwith
execute a written instrument effectuating and acknowledging such
amendments, modifications or release.
and replace it with:
5. Amendment and Modification: The provisions of this instrument
may be amended, modified or released by a written instrument
executed by the owners of the Property (which for these purposes
shall not include owners of condominium units) or condominium
association(s) in the case of any portion(s) of the Property which
has been submitted to the condominium form of ownership,
whichever is applicable, including joinders of all applicable
mortgagees, if any. Should this Declaration of Restrictive
Covenants in Lieu of Unity of Title be so modified, amended, or
released, the Directors of the Departments of Planning, Building
and Public Works and the Zoning Administrator of the City of
Miami, or their respective designees or successors, shall forthwith
execute a written instrument acknowledging such amendments,
modifications or release. Any such written instrument shall be
subject to the approval of the City Attorney as to legal form.
This Second Amendment shall be recorded in the Public Records of Miami -Dade County
at Owner's expense and a certified copy hereof shall be delivered to the City Clerk of the City of
Miami, Florida within thirty (30) days after recording.
(Applicable City Departmental Approvals on Following Page)
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M IAM 11589642 1 7596226519
APPROVED AS TO FORM AND
CORRECTNESS:
CITY ATTORNEY
JULIE 0. BRU
City Attorney
APPROVED: APPROVED:
PLANNING DEPARTMENT ZONING DEPARTMENT.
ANA GELABERT SANCHEZ LOURDES Y. SLAZYK
Director Zoning Administrator
APPROVED: APPROVED AS TO FLORIDA BUILDING
CODE:
PUBLIC WORKS DEPARTMENT BUILDING DEPARTMENT
STEPHANIE N. GRINDELL
Director
HECTOR LIMA
Director
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�11 A r 91 15S9642 1 7596226519
Witnessed as to both by: WAGNER SQUARE, LLC
By: KMT Enterprises, LLC, a Florida limited
Printed: liability company, its Manager
Printed:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
}
) ss:
By:
Debra Sinkle Kolsky, Manager
By:
Joey Edelsberg, Manager
The foregoing instrument was acknowledged before me this day of , 2008, by
Debra Sinkle Kolsky and Joey Edelsberg, each as a Manager of KMT Enterprises, LLC, as Manager
of Wagner Square, LLC, on behalf of said company. They ( ) are personally known to me or ( )
each presented a Florida driver license as identification and who did not take an oath.
Notary Public, State of Florida
NOTARY SEAL/ STAMP
Print Name
5
MIAMI 1569642 I 7596226519
Witnessed as to both by: WAGNER SQUARE I, LLC
By: KMT Enterprises, LLC, a Florida limited
Printed: liability company, its Manager
Printed:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
By:
Debra Sinkle Kolsky, Manager
By:
Joey Edelsberg, Manager
The foregoing instrument was acknowledged before me this day of , 2008, by
Debra Sinkle Kolsky and Joey Edelsberg, each as a Manager of KMT Enterprises, LLC, as Manager
of Wagner Square I, LLC, on behalf of said company. They ( ) are personally known to me or ( )
each presented a Florida driver license as identification and who did not take an oath.
Notary Public, State of Florida
NOTARY SEAL/ STAMP
Print Name
6
M IA,MI 1589642 1 7596226519
Witnessed as to both by: WAGNER SQUARE III, LLC
By: KMT Enterprises, LLC, a Florida limited
Printed: liability company, its Manager
By:
Printed: Debra Sinkle Kolsky, Manager
By:
Joey Edelsberg, Manager
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of , 2008,
by Debra Sinkle Kolsky and Joey Edelsberg, each as a Manager of KMT Enterprises, LLC, as
Manager of Wagner Square 111, LLC, on behalf of said company. They ( ) are personally
known to me or ( ) each presented a Florida driver license as identification and who did not
take an oath.
Notary Public, State of Florida
NOTARY SEAL/ STAMP
Print Name
7
M I A MI 1589642 I 7596226519