HomeMy WebLinkAboutExhibit B-SUBTHIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
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
(Space Above tor Recorder's Use Only)
AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS
THIS AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS
(the "Amended Declaration") made this 10th day of October, 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, and Agathail Biscayne Blvd., LLC, a Florida limited liability company,
having offices at 17701 Biscayne Boulevard, Suite 200, Aventura, Florida 33160, (the "Owners"),
in favor of the City of Miami, Florida, a municipality located within the State of Florida (the "City").
WITNESSETH
WHEREAS, Owners hold 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, Owners' 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 Owners executed that certain Corrected and Amended Declaration of
Restrictions (the "Declaration") recorded on July 2, 2021, in Official Records Book 32595, at Page
I3qss- Sk1b+BSuB
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
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
WHEREAS, Owners also own land abutting the Property (the "Abutting Property"),
located at 5501 Biscayne Boulevard and being legally described on Exhibit C attached hereto;
and
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 Owners 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 Owners are 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, Owners, for valuable consideration, the receipt and adequacy of
which are hereby acknowledged, voluntarily covenant and agree 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
the Abutting Property, and its heirs, grantees, successors, and assigns as follows:
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-00101
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
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.
2. Use/Restriction: The Owners hereby make the following voluntary declarations
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 Property and 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. There shall be no access to the roof of any building on the Property or the Abutting
Property after midnight.
D. There shall be no commercial use, no kitchen facilities, no restrooms or storage
rooms on the roof level of any building on the Property or the Abutting Property.
E. Any music playing on the roof level of any building on the Property or the Abutting
Property shall not be audible from the property line to the east, and no music is
permitted whatsoever between 10:00 PM and 8:00 AM.
F. All trash from the Property and the Abutting Property shall be maintained in
conditioned fully enclosed structures.
G. 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
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
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.
H. 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.
I. No employees or staff of any business on the Property or the Abutting Property
shall be allowed to park in the Morningside residential area.
J. A solid eight (8) foot high privacy wall, subject to City of Miami approval, shall
be installed abutting all T-3 R zoned properties before construction commences on
any building. In addition, continuous landscape buffer comprised of Spanish
Stoppers or similar native plant species, a minimum of 14 feet high at time of
planting, shall be planted on the Property and the Abutting Property, prior to
certificate of occupancy, abutting all single family homes, subject to City of Miami
approval.
K. Together with any residential lease to prospective tenants, Owners shall include a
written notice that on -street parking within the Morningside residential area is not
approved parking for any building on the Property or the Abutting Property.
I. The Owners further agree that these conditions, restrictions and limitations shall
be deemed covenants running with the land which shall be recorded in the Public
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
Records of Miami -Dade County within thirty (30) days of acceptance by the City,
and that the Owners 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 Owners shall remain
in full force and effect and shall be binding upon the Owners, 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 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.
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-00101
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
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 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.
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-00101
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
11. No Vested Rights. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the Owners, its successors, or assigns.
SIGNATURE PAGES TO FOLLOW
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-00101
ACKNOWLEDGMENT
Signed, witnessed, executed and acknowledged on this 26th day of September, 2023.
Witnesses:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
ROSA 55 MORNINGSIDE, LLC
A Florida limited liability company
By: Sadia Chocron, Manager
3347 NE 168 Street
North Miami Beach, FL 33160
The foregoing instrument was acknowledged before me by means of U physical presence
or 0 online notarization by Sadia Chocron, the Manager of Rosa 55 Morningside, LLC. He is 0
personally known to me or U has produced , as identification.
Witness my signature and official seal this 26th day of September, 2023, in the County and
State aforesaid.
My Commission Expires:
March 5, 2026
Betty Llerena
Notary Public State of Florida
Commission No. HH221018
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-00101
2023.
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
ACKNOWLEDGMENT
Signed, witnessed, executed and acknowledged on this 26th day of September,
Witnesses:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
AGATHAIL BISCAYNE BLVD., LLC
A Florida limited liability company
By: Roberto Cohen, Manager
17701 Biscayne Blvd., Suite 200
Aventura, FL 33160
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or Q online notarization by Roberto Cohen, the Manager of Agathail Biscayne Blvd., LLC. He is
Q personally known to me or ❑ has produced , as identification.
Witness my signature and official seal this 26th day of September, 2023, in the
County and State aforesaid.
My Commission Expires:
March 5, 2026
Betty Llerena
Notary Public State of Florida
Commission No. HH221018
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-00101
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
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
EXHIBIT A
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
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Lot 53 and the West 40 feet of Lot 52, of BAYSHORE PLAZA, according to the Plat thereof, as
recorded in Plat Book 39, at Page 51, of the Pubic Records of Miami -Dade County, Florida.
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-00101
EXHIBIT B
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
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The West 40 feet of Lot 52, of BAYSHORE PLAZA, according to the Plat thereof, as recorded in
Plat Book 39, at Page 51, of the Pubic Records of Miami -Dade County, Florida.
Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-00101
EXHIBIT C
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
Lots 1 and 2, of BAYSHORE PLAZA, according to the Plat thereof, as recorded in Plat Book 39,
at Page 51, of the Pubic Records of Miami -Dade County, Florida.
docv'erify
SUBSTITUTED
Amended and Restated Declaration of Restrictive Covenants d14 02.24. 22
Signed.pdf
DocVerify ID: 2A571144-09CF-4F58-B006-FODA85DBBDAF
Created: February 24, 2022 06:58:57 -8:00
Pages: 11
Electronic Notary: Yes / State: FL
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E-Signature Summary
E-Signature Notary: Betty Llerena (BII)
February 24, 2022 07:00:04 -8:00 [51874A5BEE21] [162.244.152.1
bllerena@brzoninglaw.com
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DocuSign Envelope ID: 5EB137C0-375E-4F9E-B399-C20D84FCB5FC
Document prepared by:
Office of City Attomey
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Return Recorded Copy to:
City of Miami
Planning Department, Atm: Planning Director
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130-1910
Folio No(s)
01-3218-028-0500
01-3218-028-0010
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AMENDED AND RESTATED DECLARATION OF REST CTIVE COVENANTS
THIS AMENDED AND RESTATED DECL
TION OF RESTRICTIVE
COVENANTS (the "Amended Declaration") made this day of February, 2022, by Rosa 55
Morningside, LLC, a Florida limited liability compan aving offices at 1835 NE Miami Gardens
Drive, No. 415, North Miami Beach, Florida 33 9, (the "Owner"), in favor of the City of Miami,
Florida, a municipality located within the State of Florida (the "City").
W TNESSETH
WHEREAS, Owner holds fee -simple title to certain property in the City of Miami,
Florida, located at 5445 Bisca e Boulevard, legally described in Exhibit A, attached hereto and
made part hereof (the "Pr
erty); and
WHEREAS, ner's predecessor in title sought and obtained a rezoning pursuant to
Ordinance No. 1 43, for a portion of the Property, legally described in Exhibit B; and
WH EAS, the Owner executed that certain Corrected and Amended Declaration of
Restrict' .ns (the "Declaration") recorded on July 2, 2021, in Official Records Book 32595, at
788, of the Public Records of Miami -Dade County, Florida, which Declaration affects the
roperty and requires that the Property be developed pursuant to certain plans; and
ocVerify ID: 2A571144-09CF4F58-8006-FODA85DBBDAF
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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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WHEREAS, Owner also owns land abutting the Property (the "Abutting Property"
located at 5501 Biscayne Boulevard and being legally described on Exhibit C attached eto;
and
WHEREAS, on November 5, 2019, the City of Miami Historic ' nvironmental
Preservation Board approved a revised plan for the Property and the A + tting Property as
described in Resolution HEPB-R-19-057; and
WHEREAS, on March 4, 2021, the Owner applied to the Cit Commission to modify the
Declaration and submit this Amended Declaration in order '• allow the Property and the
Abutting Property to be developed, in accordance with e plans approved by the Historic
Environmental Preservation Board; and
WHEREAS, this Amended Declaration all replace in its entirety the Declaration
recorded on July 2, 2021, in Official Records •ok 32595, at Page 788; and
WHEREAS, the Owner is desiro of making a voluntary binding commitment to assure
that the Property and the Abutting Pr' .erty shall be developed in accordance with the provisions
of the Amended Declaration her
NOW THEREFO ' Owner, for valuable consideration, the receipt and adequacy of
which are hereby ack [edged, voluntarily covenants and agrees that the Property and the
Abutting Property all be subject to the following restrictions, as applicable, that are intended
and shall be d med to be a covenant running with the land and binding upon the Owner of the
Property, - 'd its heirs, grantees, successors, and assigns as follows:
Recitals. The recitals and findings set forth in the preamble of this Amended
claration are hereby adopted by reference thereto and incorporated herein as if fully set forth
in this Section.
NOTICE
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Amended and Restated Declaration of Restrictive Covenants
Folio No(s) [01-3218-028-0500 and 01-3218-028-0010]
SUBSTITUTED
2. Use/Restriction: The Owner hereby makes the following voluntary +declaratio
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 al % c.ti as a
matter of right and as the term "residential uses" is defined by Sectio+ 1
(
) of the
Miami 21 Code and parking to serve the residential uses, as i as commercial
parking to serve the Abutting Property.
B. There shall be no vehicular ingress from or egress to th -3R area to the north and
the east from the Property and the Abutting Property
C. Roof top parties on the Abutting Property and th 'rope' must end by midnight and
noise must not be audible to the nearest ihr iig residence.
D. All trash from the Abutting !'rc,Ir1L:rt
conditioned fully enclosed 5tructu
E. A minimum twenty foot (20') r back shall be provided from the Property's east and
north property line. Lan caping within this setback area shall include shade trees.
Written approval of landscape plan shall be required by the Planning Department
prior to issuance a building permit. The Owners will maintain all landscaping in a
viable condi `•n, at their own expense, for the term of this Amended Declaration.
F. The Pr{ • 1 and the Abutting Property shall be developed in substantial compliance
and the Property shall be maintained in
the plans prepared by DB Lewis Architect and MAK WORK, landscape
rchitect, 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.
NOTICE
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Amended and Restated Declaration of Restrictive Covenants
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G. The Owner further agrees that these conditions, restrictions and limitations shall h
deemed covenants running with the land which shall be recorded in the fliti
Records of Miami -Dade County within thirty (30) days of acceptance h City,
and that the Owner shall provide the City Department of Hearing i arki with a
recorded copy within such time.
3. Effective Date. This instrument shall constitute a covena running with the title
to the Property and the Abutting Property and be binding upon Own its successors and assigns
upon recordation in the Public Records of Miami -Dade County.. orida, These restrictions shall
be for the benefit of, and a limitation upon, all present ;1r , future owners of the Property the
Abutting Property and for the public welfare.
4. Term of Covenant. This volunta covenant on the part of the Owner shall
remain in full force and effect and shall be bi ng upon the Owner, its successors in interest and
assigns for an initial period of thirty 30' e:tn; from the date this instrument is recorded in the
public records, and shall be auto
modified, amended or released
p
tically extended for periods of ten (10) years, unless
r to the expiration thereof.
5. Inspection a ► . Enforcement. It is understood and agreed that any official
inspector of the City o iami may have the right at any time during normal working hours of
the City of Miam''. inspector to enter upon the Property and the Abutting Property for the
purpose of inv tigating the use of the Property and the Abutting Property, and for determining
whether t ' conditions of this Declaration and the requirements of the City's building and zoning
regul , ons are being complied with. An action to enforce the terms and conditions of this
claration 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
ocVerify ID: 2A571144-09CF4F58-B008-FODA85DBBDAF
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Amended and Restated Declaration of Restrictive Covenants
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of the building and zoning regulations, either to restrain violations or to recover damages. Th.
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 emed to
be cumulative and the exercise of any one or more shall neither be deemed t.: constitute an
election of remedies, nor shall it preclude the party exercising the same fr.._ exercising such
other additional rights, remedies or privileges as may be available to it.
7. Amendment, Modification, Release. This instrument ay be modified, amended,
or released as to any portion or all of the Property or the • utting Property only after the
occurrence of a public hearing before, and approval .m, the City Commission. Any
amendment, modification, or release shall be executed y the Planning Director and the Zoning
Administrator, or their successor or designee, and . in a form acceptable to the City Attorney.
8. Severability. Invalidation of . one of these covenants by judgment of Court
shall not affect any of the other provisio ► , of this Declaration, which shall remain in full force
and effect.
9. Recording. This ► eclaration shall be filed of record among the Public Records of
Miami -Dade County, Florid , at the cost of the Owner, within thirty (30) days of the acceptance
by the City. The Owne; shall furnish a copy of the recorded Declaration to the City Department
of Hearing Boards ithin thirty (30) days of recordation.
10. ' ounte . arts/Electronic Si nature. This Declaration may be executed in any
number o ounterparts, each of which so executed shall be deemed to be an original, and such
count `. arts shall together constitute but one and the same Declaration. The parties shall be
fled 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
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ZA571144-09CF•4F58-BOO6-FODA85DBBDAF »- 2022/0212
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]
SUBSTITUTED
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 eJtw any
vested rights whatsoever to the Owner, its successors, or assigns.
SIGNATURE PAGES TO FOLLOW
IN iirEthb�t•y�iY!
icy reify ID: 2A571144-09CF.4F58-8006-FODA85DBBDAF
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Page 8 of 11
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2A571144-09CF-4F58-8006-FODA85DBBDAF --- 2022J02124
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]
ACKNOWLEDGMENT
Signed, witnessed, executed and acknowledged on this 24th day of February, 202
Witnesses:
p DocuSigned by:
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Signature
Yeidy Montesino
1143(61.l.4 eSriloUt
ROSA 55 MORNINGSI ► , LLC
A Florida limited liabil company
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e311313046B12C1`A By: Sad'. Chocron, Manager
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/22/23
Signature 1:.5 NE Miami Gardens Dr., No. 415
Andreina Espina orth Miami Beach, FL 33179
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was ' knowledged before me by means of ❑ physical presence
or 0 online notarization by Sadia ► ocron, the Manager of Rosa 55 Morningside, LLC. He is J
personally known to me or ❑ ha- .roduced , as identification.
Witness my signature and official seal this 24th day of February, 2022, in the County and
State aforesaid.
etty Llerena
mmission # GG 1 999
votary Public - Sta of Florida
My Commission • pires Mar 05, 2022
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My C mission Expires:
Ma • 5, 2022
ocVerify ID: 2A571144-09CF-4F58-B006-FODA850BBDAF
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[ Sm0100 102:000010/.00 41.0
7
Betty Llerena
Notary Public State of Florida
Commission No. GG175999
Pages 7 u1 '11 7Fi7fla 35D88DAF
06:58:57 -8 00
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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
ocVerify ID: 2A571144-09CF-4F58-B006-FODA85DBBDAF
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cHor114-tnici--4F58-B006-FODA85DBBDAF--- 2022/0212
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 A
SUBSTITUTED
Lot 53 and the West 40 feet of Lot 52, of BAYSHORE PLAZA, according to the Platt sit'. as
recorded in Plat Book 39, at Page 51, of the Pubic Records of Miami -Dade County, fl icia.
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ID: 2A571144-09CF4F58-B006-FODA85DBBDAF
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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 B
SUBSTITUTED
The West 40 feet of Lot 52, of BAYSHORE PLAZA, according to the Plat thereof', as riiriiktl
in Plat Book 39, at Page 51, of the Pubic Records of Miami -Dade County, Florida.
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DocuSign Envelope ID: 5EB137C0-375E-4F9E-B399-C20D84FCB5FC
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Amended and Restated Declaration of Restrictive Covenants SUBSTITUTED
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 Pia ook
39, at Page 51, of the Pubic Records of Miami -Dade County, Florida.
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r3�Yerlts. ID: 2A571141-09CF4F58•13006-FODA85DBB OAF
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