HomeMy WebLinkAboutExhibit B (Obsolete; FR)PUBL ic
Prepared by, and after recording
please return to:
Alejandro Uribe Sevilla-Sacasa, Esq.
2800 Ponce de Leon Blvd., Suite 1200
Coral Gables, Florida 33134
Please return this instrument after recording to:
Office of the City Attorney
City of Miami
444 SW 2" Avenue, Suite 945
Miami, Florida 33130
4
0
Q-
Q.
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,
Rtb! Ew CO
PZ-22-15126
04/27/23
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 8th Avenue and 766 SW 2nd 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, Hernan Lazo holds fee simple title to the real property located at 219 SW 8th
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:
1
PUBL ic
4
0
Q-
Q.
1. Recitals. The above recitals to this Declaration and exhibits referenced the
and correct and hereby incorporated by reference and made a part hereof.
2. Covenants:
NOTICE
This submittal needs to be scheduled fora pubic hearing
In acoord.ncc whh Idmatinee set forth in the City of
Miami Code. The applicable decision -making bodywill
resiew the information at the public hearing to render a
recommended on or a final decid on.
44,
O'
Rtb! Ew CO
PZ-22-15126
04/27/23
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.
2
PUB1. ic
4
0
Q-
Q.
[Signature Pages to Follow]
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordancewhh timelines set forth in the City of
Miami Code. The applicable decislon-making body NOR
resiew the information at the public hearing to render a
recommendation or a final decla on.
44,
Rtb! Ew CO
PZ-22-15126
04/27/23
Signed, witnessed, executed and acknowledged this day of
By: LAZO INVESTMENTS WE
BRICKELL, INC., a Florida corpor
This submittal needs to be scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decislon-making bodywlll
resiew the information at the public hearing to render a
recommendation or a final decla on.
PZ-22-15126
04/27/23
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 as identification.
Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
4
Signed, witnessed, executed and acknowledged this day of
By: LAZO INVESTMENTS, IN
corporation
This submittal needs to be scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decislon-making bodywlll
rosiew the information at the public hearing to render a
recommendation or a final decla on.
PZ-22-15126
04/27/23
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 as identification.
Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
5
Signed, witnessed, executed and acknowledged this day of
HERNAN LAZO
Witnesses
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
This submittal needs to be scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decislon-making bodywlll
resiew the information at the public hearing to render a
recommendation or a final decla on.
PZ-22-15126
04/27/23
The foregoing instrument was acknowledged before me this _ day of
, 2023, by means of [ ] physical presence, or [ ] online notarization, by Hernan
Lazo. He or she is [ ] personally known, [ ] or produced as
identification.
Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
6
PUB1. ic
APPROVED AS TO FORM AND
CORRECTNESS:
VICTORIA MENDEZ
City Attorney
7
4
0
Q-
Q.
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordancewhh timelines set forth in the City of
Miami Code. The applicable decislon-making body NOR
resiew the information at the public hearing to render a
recommended on or a final decla on.
44,
Rtb! Ew CO
PZ-22-15126
04/27/23
PURL ic
4
0
Q-
Q.
EXHIBIT "A"
LEGAL DESCRIPTION
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
recommended on or a final decid on.
Lots 9, 10, and 11 in Block 22 of CITY OF MIAMI SOUTH, according to the plat there
orded at Plat Book B, Page 41 of the Public Records of Miami -Dade County, Florida
Also known as: 205 SW 8th Avenue, Miami, Florida
Folio: 01-0202-020-1120
Also known as: 219 SW 8th Avenue, Miami, Florida
Folio: 01-0202-020-1110
Also known as: 779 SW 3rd Street, Miami, Florida
Folio: 01-0202-020-1130
Also known as: 766 SW 2nd Street, Miami, Florida
Folio: 01-0202-020-1100
8
PZ-22-15126
04/27/23
SEW CD11Q