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Home My WebLink AboutExhibit B (Obsolete) (2)AD573E19-485D-45C0-A87B-1 D1 B0C2AAD39 - 2023/06/21 16:08:11 -8:00 DocuSign Envelope ID: 9D1BBEA5-06EE-4CC7-BA47-02FD5AE5CBDA 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 rodew the information at the public hearing to render a recommendation or a final decid on. PZ-20-8875 07/13/23 (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 16th day of June, 2023, 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 IDocVerify ID: AD573E19-485D-45C0-A87B-1DIBOC2AAD39 www.docverify.com Page 1 of 11 11D1BOC2AAD39 1111 ISNIS11111 AD573E19-485D-45C0-A87B-1 D1 B0C2AAD39 - 2023/06/21 16:08:11 -8:00 DocuSign Envelope ID: 9D1BBEA5-06EE-4CC7-BA47-02FD5AE5CBDA 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 puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -making body will rodew the information at the pubkc hearing to render a recommendation or a final decly on. PZ-20-8875 07/13/23 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. IDocVerify ID: AD573E19-485D-45C0-A87B-1DIBOC2AAD39 www.docverify.com Page 2 of 11 21 D1 BOC2AAD39 1111 r1I III AD573E19-485D-45C0-A87B-1 D1 B0C2AAD39 - 2023/06/21 16:08:11 -8:00 DocuSign Envelope ID: 9D1BBEA5-06EE-4CC7-BA47-02FD5AE5CBDA 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: 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. Commercial use of the roof level shall not extend beyond midnight and access to the roof level shall be limited to the residential residents of the project after midnight D. Only ambient music shall be allowed on the roof level after 11:00 PM. E. All trash from the Abutting Property shall be maintained in conditioned fully enclosed structures. F. 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. G. 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 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 body will rodew the information at the pubec hearing to render a recommendation or a final decld on. PZ-20-8875 07/13/23 IDocVerify ID: AD573E19-485D-45C0-A87B-1DIBOC2AAD39 www.docverify.com Page 3 of 11 31 D1 BOC2AAD39 1111 =r i1111 AD573E19-485D-45C0-A87B-1 D1 B0C2AAD39 - 2023/06/21 16:08:11 -8:00 DocuSign Envelope ID: 9D1BBEA5-06EE-4CC7-BA47-02FD5AE5CBDA Amended and Restated Declaration of Restrictive Covenants Folio No(s) [01-3218-028-0500 and 01-3218-028-0010] with the City and are deemed as being incorporated by reference he any Waiver, Warrant or other zoning approval that may be required. H. The Owner further agrees that these conditions, restrictions and limitations shall be deemed covenants running with the land which shall be recorded in the Public 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 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 body will rodew the information at the pubc hearing to render a recommendation or a final decld on. PZ-20-8875 07/13/23 IDocVerify ID: AD573E19-485D-45C0-A87B-1DIBOC2AAD39 www.docverify.com Page 4 of 11 41 D1 BOC2AAD39 1111 M151I III AD573E19-485D-45C0-A87B-1 D1 B0C2AAD39 - 2023/06/21 16:08:11 -8:00 DocuSign Envelope ID: 9D1BBEA5-06EE-4CC7-BA47-02FD5AE5CBDA Amended and Restated Declaration of Restrictive Covenants Folio No(s) [01-3218-028-0500 and 01-3218-028-0010] Declaration may be brought by the City and may be by action at law or in equ party or person violating or attempting to violate any covenants of this Declaration oT 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 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 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 body will rodew the information at the pubec hearing to render a recommendation or a final decid on. PZ-20-8875 07/13/23 IDocVerify ID: AD573E19-485D-45C0-A87B-1DIBOC2AAD39 www.docverify.com Page 5 of 11 51 D1 BOC2AAD39 1111 DocuSign Envelope ID: 9D1BBEA5-06EE-4CC7-BA47-02FD5AE5CBDA Amended and Restated Declaration of Restrictive Covenants Folio No(s) [01-3218-028-0500 and 01-3218-028-0010] entitled to sign and transmit an electronic signature of this Declaration (whether b PDF or other email transmission), which signature shall be binding on the party whos 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 Owner, its successors, or assigns. SIGNATURE PAGES TO FOLLOW AD573E19-485D-45C0-A87B-1 D1 B0C2AAD39 - 2023/06/21 16:08:11 -8:00 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 body will rodew the information at the pubc hearing to render a recommendation or a final decly on. PZ-20-8875 07/13/23 IDocVerify ID: AD573E19-485D-45C0-A87B-1DIBOC2AAD39 www.docverify.com Page 6 of 11 61 D1 BOC2AAD39 1111 i r ii 111 AD573E19-485D-45C0-A87B-1 D1 B0C2AAD39 - 2023/06/21 16:08:11 -8:00 DocuSign Envelope ID: 9D1BBEA5-06EE-4CC7-BA47-02FD5AE5CBDA Amended and Restated Declaration of Restrictive Covenants Folio No(s) [01-3218-028-0500 and 01-3218-028-0010] ACKNOWLEDGMENT Signed, witnessed, executed and acknowledged on this 16th Witnesses: DocuSigned by: kb'Alt,SitA.b C64C0... Signature Yeidy Montesino D4ic� 9�`aY: L.1\266lit, UU(,(,a.I:146 B-1h46%&FAE364EF... Signature Natalie villadiego Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE This submittal needs to be scheduled for a public hearing in accordance wRh timelines set forth in the city of Miami Code.The applica de decision -making bodywlll renew the information at the pubc hearing to render a recommendation or a final decision. day of June, 2 ROSA 55 MORNINGSIDE, LLC A Florida limited liability company DocuSigned by: 761307CC0321D0... By: Sadia Chocron, Manager 3347 NE 168 Street North Miami Beach, FL 33160 PZ-20-8875 07/13/23 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 16th day of June, 2023, in the County and State aforesaid. Betty Llerena Commission # HH 221018 Notary Public - State of Florida My Commission Expires Mar 05, 2026 My Commission Expires: March 5, 2026 1 signed on=o=Vaaa„aos4e soo Betty Llerena Notary Public State of Florida Commission No. HH221018 DocVerify ID: AD573E19-485D-45C0-A87B-1 D1 BOC2AAD39 www.docverify.com Page 7 of 11 71D1BOC2AAD39 1111 i r ii 111 DocuSign Envelope ID: 9D1BBEA5-06EE-4CC7-BA47-02FD5AE5CBDA Amended and Restated Declaration of Restrictive Covenants Folio No(s) [01-3218-028-0500 and 01-3218-028-0010] APPROVED AS TO CONTENTS: Lakisha Hu11,AICP, LEED AP BD+C Planning Director Daniel S. Goldberg, Esq. Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney AD573E19-485D-45C0-A87B-1 D1 B0C2AAD39 - 2023/06/21 16:08:11 -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 07/13/23 IDocVerify ID: AD573E19-485D-45C0-A87B-1DIBOC2AAD39 www.docverify.com Page 8 of 11 81 D1 BOC2AAD39 1111 IM11111 DocuSign Envelope ID: 9D1BBEA5-06EE-4CC7-BA47-02FD5AE5CBDA Amended and Restated Declaration of Restrictive Covenants Folio No(s) [01-3218-028-0500 and 01-3218-028-0010] EXHIBIT A 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 body will rodew the information at the public hearing to render a recommendation or a final decid on. Lot 53 and the West 40 feet of Lot 52, of BAYSHORE PLAZA, according to the Plat ther recorded in Plat Book 39, at Page 51, of the Pubic Records of Miami -Dade County, Florida. AD573E19-485D-45C0-A87B-1 D1 B0C2AAD39 - 2023/06/21 16:08:11 -8:00 PZ-20-8875 07/13/23 IDocVerify ID: AD573E19-485D-45C0-A87B-1DIBOC2AAD39 www.docverify.com Page 9 of 11 91 D1 BOC2AAD39 1111 01511111 DocuSign Envelope ID: 9D1BBEA5-06EE-4CC7-BA47-02FD5AE5CBDA Amended and Restated Declaration of Restrictive Covenants Folio No(s) [01-3218-028-0500 and 01-3218-028-0010] 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. EXHIBIT B The West 40 feet of Lot 52, of BAYSHORE PLAZA, according to the Plat thereof, as re in Plat Book 39, at Page 51, of the Pubic Records of Miami -Dade County, Florida. AD573E19-485D-45C0-A87B-1 D1 B0C2AAD39 - 2023/06/21 16:08:11 -8:00 PZ-20-8875 07/13/23 IDocVerify ID: AD573E19-485D-45C0-A87B-1DIB0C2AAD39 www.docverify.com Page 10 of 11 101D1B0C2AAD39 1111 1SEr1I III DocuSign Envelope ID: 9D1BBEA5-06EE-4CC7-BA47-02FD5AE5CBDA 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. AD573E19-485D-45C0-A87B-1 D1 B0C2AAD39 - 2023/06/21 16:08:11 -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 07/13/23 IDocVerify ID: AD573E19-485D-45C0-A87B-1DIBOC2AAD39 www.docverify.com Page 11 of 11 111 D1 BOC2AAD39 1III I r11III