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Amended and Restated Declaration of Restrictive Covenants di
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Created: February 24, 2022 06:58:57 -8:00
Pages: 11
Electronic Notary: Yes / State: FL
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PZ-20-8875
05/22/23
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E-Signature Summary
E-Signature Notary: Betty Llerena (BII)
February 24, 2022 07:00:04 -8:00 [51874A5BEE21] [162.244.152.118]
bllerena@brzoninglaw.com
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DocuSign Envelope ID: 5EB137C0-375E-4F9E-B399-C20D84FCB5FC
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)
01-3218-028-0500
01-3218-028-0010
This submittal needs to be scheduled for a public hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -malting bodywill
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PZ-20-8875
05/22/23
(Space Above for Recorder's Use Only)
AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS
THIS AMENDED AND RESTATED DECLARATION OF RESTRICTIVE
COVENANTS (the "Amended Declaration") made this 24th day of February, 2022, by Rosa 55
Morningside, LLC, a Florida limited liability company, having offices at 1835 NE Miami Gardens
Drive, No. 415, North Miami Beach, Florida 33179, (the "Owner"), in favor of the City of Miami,
Florida, a municipality located within the State of Florida (the "City").
WITNESSETH
WHEREAS, Owner holds a fee -simple title to certain property in the City of Miami,
Florida, located at 5445 Biscayne Boulevard, legally described in Exhibit A, attached hereto and
made part hereof (the "Property); and
WHEREAS, Owner's predecessor in title sought and obtained a rezoning pursuant to
Ordinance No. 13443, for a portion of the Property, legally described in Exhibit B; and
WHEREAS, the Owner executed that certain Corrected and Amended Declaration of
Restrictions (the "Declaration") recorded on July 2, 2021, in Official Records Book 32595, at
Page 788, of the Public Records of Miami -Dade County, Florida, which Declaration affects the
Property and requires that the Property be developed pursuant to certain plans; and
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DocuSign Envelope ID: 5EB137C0-375E-4F9E-B399-C20D84FCB5FC
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
WHEREAS, Owner also owns land abutting the Property (the "Abutti
located at 5501 Biscayne Boulevard and being legally described on Exhibit C attac
and
This submittal needs to be scheduled for a public hearing
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WHEREAS, on November 5, 2019, the City of Miami Historic Environmental
Preservation Board approved a revised plan for the Property and the Abutting Property as
described in Resolution HEPB-R-19-057; and
WHEREAS, on March 4, 2021, the Owner applied to the City Commission to modify the
Declaration and submit this Amended Declaration in order to allow the Property and the
Abutting Property to be developed, in accordance with the plans approved by the Historic
Environmental Preservation Board; and
WHEREAS, this Amended Declaration shall replace in its entirety the Declaration
recorded on July 2, 2021, in Official Records Book 32595, at Page 788; and
WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure
that the Property and the Abutting Property shall be developed in accordance with the provisions
of the Amended Declaration herein.
NOW THEREFORE, Owner, for valuable consideration, the receipt and adequacy of
which are hereby acknowledged, voluntarily covenants and agrees that the Property and the
Abutting Property shall be subject to the following restrictions, as applicable, that are intended
and shall be deemed to be a covenant running with the land and binding upon the Owner of the
Property, and its heirs, grantees, successors, and assigns as follows:
1. Recitals. The recitals and findings set forth in the preamble of this Amended
Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth
in this Section.
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Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
2. Use/Restriction: The Owner hereby makes the following volunta
running with the land concerning the use of the Property and the Abutting Property:
NOTICE
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A. The only T4-L uses permitted on the Property shall be residential uses allowed as a
matter of right and as the term "residential uses" is defined by Section 1.1 (a) of the
Miami 21 Code and parking to serve the residential uses, as well as commercial
parking to serve the Abutting Property.
B. There shall be no vehicular ingress from or egress to the T-3R area to the north and
the east from the Property and the Abutting Property.
C. Roof top parties on the Abutting Property and the Property must end by midnight and
noise must not be audible to the nearest abutting residence.
D. All trash from the Abutting Property and the Property shall be maintained in
conditioned fully enclosed structures.
E. A minimum twenty foot (20') set back shall be provided from the Property's east and
north property line. Landscaping within this setback area shall include shade trees.
Written approval of the landscape plan shall be required by the Planning Department
prior to issuance of a building permit. The Owners will maintain all landscaping in a
viable condition, at their own expense, for the term of this Amended Declaration.
F. The Property and the Abutting Property shall be developed in substantial compliance
with the plans prepared by DB Lewis Architect and MAK WORK, landscape
architect, consisting of sixty-two (62) sheets as approved by the Historic
Environmental Preservation Board. Such plans are acknowledged as being on file
with the City and are deemed as being incorporated by reference herein, subject to
any Waiver, Warrant or other zoning approval that may be required.
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Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
G. The Owner further agrees that these conditions, restrictions and limit
deemed covenants running with the land which shall be recorded in
Records of Miami -Dade County within thirty (30) days of acceptance by the City,
and that the Owner shall provide the City Department of Hearing Boards with a
recorded copy within such time.
3. Effective Date. This instrument shall constitute a covenant running with the title
to the Property and the Abutting Property and be binding upon Owner, its 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 the
Abutting Property and for the public welfare.
4. Term of Covenant. This voluntary covenant on the part of the Owner shall
remain in full force and effect and shall be binding upon the Owner, its successors in interest and
assigns for an initial period of thirty (30) years from the date this instrument is recorded in 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 and the Abutting Property for the
purpose of investigating the use of the Property and the Abutting 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
This submittal needs to be scheduled for a puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -malting body will
rodew the information at the pubec hearing to render a
recommendation or a final decld on.
PZ-20-8875
05/22/23
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Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
of the building and zoning regulations, either to restrain violations or to recover
enforcement provision shall be in addition to any other remedies available under the 1
This submittal needs to be scheduled for a public hearing
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Miami Code. The applicable decision -malting body NOR
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05/22/23
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 or the Abutting Property only after the
occurrence of a public hearing before, and approval from, the City Commission. Any
amendment, modification, or release shall be executed by the Planning Director and the Zoning
Administrator, or their successor or 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 Owner, within thirty (30) days of the acceptance
by the City. The Owner 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
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DocuSign Envelope ID: 5EB137C0-375E-4F9E-B399-C20D84FCB5FC
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
contained therein. Any party providing an electronic signature agrees to promptly
deliver to the other parties an original signed Declaration upon request.
This submittal needs to be scheduled for a public hearing
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Miami Code. The applicable decision -malting body will
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recommendation or a final decly on.
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11. No Vested Rights. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the Owner, its successors, or assigns.
SIGNATURE PAGES TO FOLLOW
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Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
ACKNOWLEDGMENT
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Miami Code.The applica de decision -making body will
review the information at the pubdc hearing to render a
recommendation or a final decision.
Signed, witnessed, executed and acknowledged on this 24th day of February, 202
Witnesses:
f—DocuSigned by:
Gluki (t.otAlt,SiLA.O
\_. 9reARAA9Frsarn
Signature
Yeidy Montesino
ROSA 55 MORNINGSIDE, LLC
A Florida limited liability company
,—DocuSigned by:
`— D761397 CE9324D9...
aIairt-iIA.A. eeSpitA,a.
Da1BBO1so12C1nn... By: Sadia Chocron, Manager
Signature 1835 NE Miami Gardens Dr., No. 415
and rei na Espina North Miami Beach, FL 33179
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or I71 online notarization by Sadia Chocron, the Manager of Rosa 55 Morningside, LLC. He is CI
personally known to me or ❑ has produced , as identification.
Witness my signature and official seal this 24th day of February, 2022, in the County and
State aforesaid.
Betty Llerena
commission # GG 175999
gotary Public - State of Florida
Qy Commission Expires Mar 05, 2022
My Commission Expires:
March 5, 2022
51874.46..1
Betty Llerena
Notary Public State of Florida
Commission No. GG175999
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DocuSign Envelope ID: 5EB137C0-375E-4F9E-B399-C20D84FCB5FC
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
APPROVED AS TO CONTENTS:
Cesar Garcia -Pons, AICP, LEED, AP
Planning Director
Daniel S. Goldberg, Esq.
Zoning Administrator
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez, Esq.
City Attorney
2A571144-09CF-4F58-6006-FODA85DBBDAF - 2022/02/24 06:58:57 -8:00
This submittal needs to be scheduled for a puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -malting body will
rodew the information at the pubdc hearing to render a
recommendation or a final decid on.
PZ-20-8875
05/22/23
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Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
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EXHIBIT A
Lot 53 and the West 40 feet of Lot 52, of BAYSHORE PLAZA, according to the Plat they
NOTICE
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Miami Code. The appLKl o decision -mating body will
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ReVI E
recorded in Plat Book 39, at Page 51, of the Pubic Records of Miami -Dade County, Florida.
2A571144-09CF-4F58-6006-FODA85DBBDAF - 2022/02/24 06:58:57 -8:00
V�
coy
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DocuSign Envelope ID: 5EB137C0-375E-4F9E-B399-C20D84FCB5FC
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
4
0
4-
EXHIBIT B
NOTICE
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Miami Code. The appLKl o decision -mating body will
renew the Information al the pubic hearing to render s
recommendation or a final decision.
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The West 40 feet of Lot 52, of BAYSHORE PLAZA, according to the Plat thereof, as re E
in Plat Book 39, at Page 51, of the Pubic Records of Miami -Dade County, Florida.
2A571144-09CF-4F58-6006-FODA85DBBDAF - 2022/02/24 06:58:57 -8:00
44,
cottS
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DocuSign Envelope ID: 5EB137C0-375E-4F9E-B399-C20D84FCB5FC
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
EXHIBIT C
Lots 1 and 2, of BAYSHORE PLAZA, according to the Plat thereof, as recorded in
39, at Page 51, of the Pubic Records of Miami -Dade County, Florida.
2A571144-09CF-4F58-6006-FODA85DBBDAF - 2022/02/24 06:58:57 -8:00
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicade decision -mating body will
renew the Information al the public hearing to render
recommendation or a final decision.
44,
RFVI EW COY-
PZ-20-8875
05/22/23
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