HomeMy WebLinkAboutExhibit BPUel. ic
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Document 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
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -making body will
resiew the information at the public hearing to render a
recommendation or a final decla on.
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(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 8fh Avenue, 766 SW 2nd Street, 219 SW 8th 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
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Declaration of Restrictive Covenants
Folio No(s): 01-0202-020-1120; 01-0202-020-1100;
01-0202-020-1130; 01-0202-020-1110
WHEREAS, the Owners wish to assure the City that representations made by
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
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -making body will
resiew the information at the public hearing to render a
recommendation or a final decla on.
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Declaration of Restrictive Covenants
Folio No(s): 01-0202-020-1120; 01-0202-020-1100;
01-0202-020-1130; 01-0202-020-1110
and assigns for an initial period of thirty (30) years from the date this instrument is
This submittal needs to be scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -making body will
resiew the information at the public hearing to render a
recommendation or a final decla on.
PZ-22-15126
07/14/23
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
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Declaration of Restrictive Covenants
Folio No(s): 01-0202-020-1120; 01-0202-020-1100;
01-0202-020-1130; 01-0202-020-1110
be executed by the Planning Director and the Zoning Administrator, or their
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 Signature. 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.
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NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -making body will
rosiew the information at the public hearing to render a
recommendation or a final decla on.
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SIGNATURE PAGES TO FOLLOW
Declaration of Restrictive Covenants
Folio No(s): 01-0202-020-1120; 01-0202-020-1100;
01-0202-020-1130; 01-0202-020-1110
This submittal needs to be scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -making body will
resiew the information at the public hearing to render a
recommendation or a final decla on.
PZ-22-15126
07/14/23
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day o
, 20
Witnessed by:
LAZO WEST BRICKELL
INVESTMENTS, INC, a Florida
corporation
By:
Name: Hernan R. Lazo, President
Name:
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE)
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:
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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
Witnessed by:
, 20
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NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -making body will
resiew the information at the public hearing to render a
recommendation or a final decla on.
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PZ-22-15126
07/14/23
LAZO INVESTMENTS, INC, a Florida
corporation
By:
Name: Hernan R. Lazo, President
Name:
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE)
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:
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PUB1. ic
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
Witnessed by:
Name:
, 20
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE)
The foregoing instrument was
presence OR _ online notarization,
Lazo. He personally appeared before
as identification.
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NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -making body will
resiew the information at the public hearing to render a
recommendation or a final decla on.
By:
Hernan R. Lazo
acknowledged before m
this day of
me, is personally
PZ-22-15126
07/14/23
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e, by means of physical
, 20 by Hernan R.
known to me or produced
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
PUB1. ic
Declaration of Restrictive Covenants
Folio No(s): 01-0202-020-1120; 01-0202-020-1100;
01-0202-020-1130; 01-0202-020-1110
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
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NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -making body will
resiew the information at the public hearing to render a
recommendation or a final decla on.
44,
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PZ-22-15126
07/14/23
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Declaration of Restrictive Covenants
Folio No(s): 01-0202-020-1120; 01-0202-020-1100;
01-0202-020-1130; 01-0202-020-1110
Exhibit "A"
As to Lazo West Brickell Investments, Inc:
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance whh bmellnes set forth in the City of
Miami Code. The applicable decision -making body will
resiew the information at the public hearing to render a
recommendation or a final decla on.
44,
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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.
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