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HomeMy WebLinkAboutExhibit B-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT 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): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 20, by Mimo Bay Apartments II, LLC, a Delaware Limited Liability Company having offices at 670 Dekalb Avenue, Suite 100, Atlanta Georgia, 30312 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, located north of NE 64 Street, east of Biscayne Boulevard, south of Legion Park, and west of NE 7 Avenue, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Owner applied to amend a portion of the Property's Future Land Use Map ("FLUM") designation under the City's Miami Comprehensive Neighborhoods Plan ("MCNP") legally described in Exhibit "B" from "Restricted Commercial" and "Medium Density Multi -Family Residential" to "Restricted Commercial" (the "Proposed FLUM Amendment"); and WHEREAS, the Owner concurrently applied to rezone the portion of the Property described in Exhibit "B" from the T6-8-0 and T5-R Transect Zones to the T6-8-L Transect Zone (the "Proposed Rezoning"), while the remainder of the Property will remain within the T6- 8-0 Transect Zone; and 1 16650 Exhibit B-SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 WHEREAS, the City is the owner of the property known as Legion Park located at 6447 NE 7 Avenue and identified by Miami -Dade County Folio No. 01-3218-000-0030 ("Legion Park"); and WHEREAS, the Owner seeks to redevelop the Property with mixed -income residences, among other uses, which will provide diverse housing options, including Affordable/Workforce Housing; and WHEREAS, the Owner seeks to make certain contributions for upgrades to Legion Park and the surrounding neighborhood; and WHEREAS, the Owner intends to limit the total density and intensity permitted to be developed on the Property to ensure compatibility with Legion Park and the surrounding neighborhood; and WHEREAS, the Proposed FLUM Amendment was approved pursuant to Ordinance No. ; and WHEREAS, the Proposed Rezoning was approved pursuant to Ordinance No. ; and WHEREAS, in the event that the City adopts the proposed legislation under File Number 16917 allowing for the Proposed Plans, Mixed -Income Housing and Public Benefits as described herein to be achieved, and the City proposes to rezone the Property to the amended T5-O, the Owner will acquiesce to the City's proposed rezoning of the Property to T5-O, and THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 WHEREAS, the Owner desires to make a voluntary binding commitment to ensure that the Property is developed in accordance with the provisions of this Declaration. NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, voluntarily covenants and agrees 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 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 Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Density Restriction: The total number of units that may be developed on the Property is 337 units. 3. Mixed -Income Housing: A minimum of twenty (20) units shall serve multiple income ranges between eighty percent (80%) of the Area Median Income ("AMP'), or below, and one -hundred twenty percent (120%) of the Area Median Income, as published by the United States Depaitinent of Housing and Urban Development and certified by the Department of Community and Economic Development. Of the twenty (20) units, a minimum of sixteen (16) units shall be reserved for households whose annual income is at or below eighty percent (80%) AMI. Prior to building permit for development of the Property, the Owner shall provide a covenant in a form acceptable to the City Attorney for the provision of the Mixed -Income housing identified in this Section. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 4. Design Limitations: The Property shall be developed substantially in compliance with plans, including, specifically, conceptual plans prepared by Corwil Architects, dated May 26, 2023 attached hereto as Exhibit C, except that said plans shall be revised to further distinguish the transition between the portion of the property located within the MiMo/Biscayne Boulevard Historic District from the remainder of the proposed building. The foregoing plans shall be collectively referred to in this Agreement as the "Project Plans". "Substantially in compliance," for purposes of this Agreement, shall be determined by the City Planning and Zoning Director, or designee. The maximum height of any development of the Property shall be limited to seventy-five feet (75'). The maximum intensity of any development of the Property shall not exceed a Floor Lot Ratio (FLR) of 707,600 square feet. Development of the Property shall not be eligible for any bonus height or FLR available under Miami 21 Notwithstanding the foregoing, changes to the Project Plans necessary to obtain approvals from land development review boards or Commissions, including but not limited to, the Historic and Environmental Preservation Board (the "HEPB"), the Planning and Zoning Appeals Board (the "PZAB"), the City Commission, shall be deemed to be substantially in compliance with the Project Plans so long as the overall height, density, and FLR do not exceed the limits set forth herein. Notwithstanding the foregoing, any portion of the Property within the MiMo Biscayne Boulevard Historic District shall abide by the applicable regulations, including limits on height. 5. Public Benefits. The Owner shall provide the following Public Benefits to the City: a. Public Benefit Contribution. The Owner agrees that prior to issuance of a building permit for development of the Property, the Owner shall contribute five -hundred thousand dollars ($500,000.00), payable to the District 5 Office, for the exclusive and restricted use towards beautification, analysis, design and/or construction of project(s) in the Palm Grove, MiMo, and Bayside Historic Districts THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 b. Public Parking. Subject to the City's final non -appealable approval of a Warrant to permit Public Parking within a development on the Property, as well as a Waiver for reduction of minimum off-street parking standards, the Owner shall make fifty (50) parking spaces, or such other number that may be approved and permitted in accordance with the City's Miami 21 Zoning Code and Florida Building Code, within the ground floor of the development available for use by the general public between the hours of 8:00 AM and 12:00 AM, except that the Owner, its successors and assigns shall retain the exclusive right to use five (5) ground floor parking spaces for building operations purposes during the hours that the ground floor parking within the development is open to the general public. The Owner shall be entitled to levy a reasonable hourly fee for use of the parking spaces by the general public that shall not exceed the rate charged by the Miami Parking Authority for on -street parking spaces located on NE 64 Street adjacent to the Property. Notwithstanding the foregoing, the parking spaces available for use by the general public within the Property shall be available free of charge on Saturdays from 8:00 AM to 4:00 PM. 6. Live Local Act. The Owner shall not develop the Property pursuant to the provisions of Section 166.04151, Fla. Stat. (2024) as same may be amended from time to time. 7. Tree Preservation. To the greatest extent practicable, existing tree resources located on the Property shall be preserved, relocated, or replaced on -site. 8. Time Limit/Development Restriction. The Owner shall submit plans and apply for a master building permit for development of the Property in accordance with the Project Plans within three (3) years of the date the Proposed Rezoning and Proposed FLUM Amendment are effective and non -appealable, except that the time to submit plans and apply for a master building permit for development of the Property in accordance with the Project Plans shall be THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 tolled during any appeal or other challenge to any land development review board approval or permit required to develop the Property in accordance with the Project Plans. Following submission of a master building permit application and plans, the Owner shall obtain a master building permit for the project within two (2) years of submission of the application and plans. Tthe Owner may make up to three (3) requests for six (6) month extensions in writing to the Zoning Administrator provided good cause is shown for the extension and the applicant is proceeding in good faith to obtain a master building permit to develop the Property in accordance with the Project Plans, as determined by the Zoning Administrator. If a master building permit to develop the Property in accordance with the Project Plans is not obtained within the timeframe specified by this section, the Owner voluntarily covenants and agrees, notwithstanding any other provision of the Declaration, that the portion of the Property subject to the Proposed Rezoning and Proposed FLUM Amendment shall thereafter be developed in accordance with the regulations applicable to the T5-R Zoning Transect. 9. Modified T5-O Downzoning Following adoption of the proposed legislation under File Number 16917 (the "T5-O Amendment"), the Owner shall submit the Project Plans to the City's Planning and Zoning Departments for review and confirmation that the Project Plans, inclusive of the Public Parking required by this Declaration, may be achieved in accordance with the T5-O Amendment. Upon written confirmation by the City's Planning Director and Zoning Administrator, or designees, that the Project Plans and Public Parking may be achieved in accordance with the T5-O Amendment, the Owner shall not thereafter object, assert vested rights, or claim a regulatory taking, and will support the City's application to rezone all or part of the Property to T5-O, so long as the T5-O Amendment remains effective. If the Planning Director or Zoning Administrator determine that the Project Plans and Public Parking cannot be achieved in accordance with the T5-O Amendment, the Owner shall be entitled to object, assert vested rights, or claim a regulatory taking, to any application proposing to rezone all or part of Formatted: Font: Bold, Underline Formatted: No underline THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 the Property to a Transect Zone other than T6-8 filed prior to issuance of a master building permit for development of the Property in accordance with the Project Plans. 109. Effective Date. This instrument shall constitute a covenant running with the title to the 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 and for the public welfare. 110. Term of Covenant. This voluntary covenant on the part of the Owner shall constitute a covenant running with the land and 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. 12�. 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. Formatted: Underline THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 132. Cumulative. All rights, remedies, and privileges gamed 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. 143. 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 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. Mail notice of the public hearing to modify, amend, or release this instrument shall be sent to all property owners and registered neighborhood/homeowner's associations within 300 feet of the Property. 154. 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. 164. 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. 174. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. 187. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of ,20 . Witnessed by: Name: Address: Signature: Name: Address: Signature: STATE OF FLORIDA ) ) ss: Mimo Bay Apartments II, LLC By: Michael Van Der Poel, Managing Partner COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me, by means of physical presence OR online notarization, this day of 20 by of . He personally appeared before me, is personally known to me or produced as identification. 10 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 APPROVED AS TO CONTENTS: David Snow, AICP, LEED Planning Director Tamara A. Frost, AICP Zoning Director/Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: George Wysong, Esq. City Attorney Name: Notary Public, State of Florida Commission No. My commission expires: 11 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 Exhibit "A" Sketch and Legal Description of the Property THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 Exhibit "B" Sketch and Legal Description of Rezoning Area THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 Exhibit "C" Concept Plan DRAFT 9-25-24 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): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 SUBSTITUTED 01 218-002-0030 -3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 (Space Above for Recorder's Use Only) DECLARATION OF RESTTIVE COVENANTS THIS DECLARATION OF RESTRIC this day of , 20 Limited Liability Company having offic 30312 (the "Owner"), in favor of the Florida (the "City"). VE COVENANTS (the "Declaration"), made Mimo Bay Apartments II, LLC, a Delaware at 670 Dekalb Avenue, Suite 100, Atlanta Georgia, of Miami, Florida, a municipality of the State of ITNESSETH: WHEREAS, Owner he i s fee -simple title to certain property in the City of Miami, Florida, located north of NE :4 Street, east of Biscayne Boulevard, south of Legion Park, and west of NE 7 Avenue, lega . described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS e Owner applied to amend a portion of the Property's Future Land Use Map ("FLUM") • signation under the City's Miami Comprehensive Neighborhoods Plan ("MCNP") lega . described in Exhibit "B" from "Restricted Commercial" and "Medium Density Mul amily Residential" to "Restricted Commercial" (the "Proposed FLUM Amendmen ' , and HEREAS, the Owner concurrently applied to rezone the portion of the Property described in Exhibit "B" from the T6-8-O and T5-R Transect Zones to the T6-8-L Transect A-1 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 Zone (the "Proposed Rezoning"), while the remainder of the ' operty will remain within the T6- 8-0 Transect Zone; and WHEREAS, the City is the owner of the prope known as Legion Park located at 6447 NE 7 Avenue and identified by Miami -Dade Cou y Folio No. 01-3218-000-0030 ("Legion Park"); and WHEREAS, the Owner seeks to rede -lop the Property with mixed -income residences, among other uses, which will provide dive - housing options, including Affordable/Workforce Housing; and WHEREAS, the Owner seek • o make certain contributions for upgrades to Legion Park and the surrounding neighborhood; , nd WHEREAS, the Owns intends to limit the total density and intensity permitted to be developed on the Property o ensure compatibility with Legion Park and the surrounding neighborhood; and WHEREAS, e Proposed FLUM Amendment was approved pursuant to Ordinance No. ;a the Pr WHEAS, the Proposed Rezoning was approved pursuant to Ordinance No. ; and EREAS, the Owner desires to make a voluntary binding commitment to ensure that erty is developed in accordance with the provisions of this Declaration. A-2 Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 NOW THEREFORE, the Owner, for valuable consid of which are hereby acknowledged, voluntarily covenants a subject to the following restrictions that are intended and running with the land and binding upon the Owner of t successors, and assigns as follows: SUBSTITUTED ation, the receipt and adequacy agrees that the Property shall be all be deemed to be a covenant roperty, and its heirs, grantees, 1. Recitals. The recitals and findi set forth in the preamble of this Declaration are hereby adopted by reference thereto and ncorporated herein as if fully set forth in this Section. 2. Density Restriction: T total number of units that may be developed on the Property is 337 units. 3. Mixed -Income H income ranges between eighty and one -hundred twenty per States Department of Ho Community and Econo units shall be reserve AMI. Prior to bui covenant in a fo housing identif in : A minimum of twenty (20) units shall serve multiple ercent (80%) of the Area Median Income ("AMI"), or below, t (120%) of the Area Median Income, as published by the United ing and Urban Development and certified by the Department of c Development. Of the twenty (20) units, a minimum of sixteen (16) or households whose annual income is at or below eighty percent (80%) ing permit for development of the Property, the Owner shall provide a acceptable to the City Attorney for the provision of the Mixed -Income this Section. 4. Design Limitations: The Property shall be developed substantially in compliance with pl, s, including, specifically, conceptual plans prepared , dated attached hereto as Exhibit , except that said plans shall be revised to further disti, ! uish the transition between the portion of the property located within the MiMo/Biscayne B B. 4 evard Historic District from the remainder of the proposed building. The foregoing plans A-3 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 shall be collectively referred to in this Agreement as the "Project Plans". "Substantially in compliance," for purposes of this Agreement, shall be etermined by the City Planning and Zoning Director, or designee. The maximum height of y development of the Property shall be limited to seventy-five feet (75'). The maximum into sity of any development of the Property shall not exceed a Floor Lot Ratio (FLR) of 707,6►1 square feet. Development of the Property shall not be eligible for any bonus height or FLR ailable under Miami 21. Notwithstanding the foregoing, changes to the Project Plans nece..ry to obtain approvals from land development review boards or Commissions, including t not limited to, the Historic and Environmental Preservation Board (the "HEPB"), the P1. ning and Zoning Appeals Board (the "PZAB"), the City Commission, shall be deemed to • substantially in compliance with the Project Plans so long as the overall height, density, an. LR do not exceed the limits set forth herein. 5. Public Benefits. e Owner shall provide the following Public Benefits to the City: a. Le ' io Park Contribution. Prior to issuance of a building permit for development of the Propy, the Owner shall provide the City a one-time payment of two hundred thousand dolla . ($200,000.00) for improvements to Legion Park. b. ' ublic Parking. Subject to the City's final non -appealable approval of a Warrant to pe - it Public Parking within a development on the Property, as well as a Waiver for reduction of inimum off-street parking standards, the Owner shall make fifty (50) parking spaces, or suc' other number that may be approved and permitted in accordance with the City's Miami 21 ining Code and Florida Building Code, within the ground floor of the development available '.r use by the general public between the hours of 8:00 AM and 12:00 AM, except that the Ow er, its successors and assigns shall retain the exclusive right to use five (5) ground floor park' g spaces for building operations purposes during the hours that the ground floor parking wi in the development is open to the general public. The Owner shall be entitled to levy a sonable hourly fee for use of the parking spaces by the general public that shall not exceed the A-4 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 rate charged by the Miami Parking Authority for on -street . arking spaces located on NE 64 Street adjacent to the Property. Notwithstanding the foreg► ng, the parking spaces available for use by the general public within the Property shall be av able free of charge on Saturdays from 8:00 AM to 4:00 PM. 6. Live Local Act. The Owner s 1 not develop the Property pursuant to the provisions of Section 166.04151, Fla. Stat. (20 as same may be amended from time to time. 7. Tree Preservation. To the greatest extent practicable, existing tree resources located on the Property shall be preserve-, relocated, or replaced on -site. 8. Reversion to Prior i nin! . The Owner shall obtain a master building permit for development of the Property in . ordance with the Project Plans within three (3) years of the date the Proposed Rezoning an. 'roposed FLUM Amendment are effective and non -appealable. The Owner may make up t. two (2) requests for six (6) month extensions in writing to the Zoning Administrator prov i ed good cause is shown for the extension. One additional six (6) month extension may be _ranted by the Zoning Administrator if the Owner possesses a master building permit proce•. number and is proceeding in good faith to obtain a master building permit to develop th• 'roperty in accordance with the Project Plans, as determined by the Zoning Administrator. I . master building permit to develop the Property in accordance with the Project Plans i not obtained within the timeframe specified by this section, the Owner voluntarily c. - enants and agrees, notwithstanding any other provision of the Declaration, that the portion the Property subject to the Proposed Rezoning and Proposed FLUM Amendment shall ther' .fter be developed in accordance with the regulations applicable to the T5-R Zoning Transe A-5 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 9. Effective Date. This instrument shall constit e a covenant running with the title to the Property and be binding upon Owner, its successo . and assigns upon recordation in the Public Records of Miami -Dade County, Florida. Thesrestrictions shall be for the benefit of, and a limitation upon, all present and future owners o e Property and for the public welfare. 10. Term of Covenant. This volun ry covenant on the part of the Owner shall constitute a covenant running with the land . d remain in full force and effect and shall be binding upon the Owner, its successors in in rest and assigns for an initial period of thirty (30) years from the date this instrument is reco i ed in the public records, and shall be automatically extended for periods of ten (10) year unless modified, amended or released prior to the expiration thereof. 11. Ins i ection and orcement. It is understood and agreed that any official inspector of the City of Miami ay have the right at any time during normal working hours of the City of Miami's inspector o enter upon the Property for the purpose of investigating the use of the Property, and for etermining whether the conditions of this Declaration and the requirements of the City' , building and zoning regulations are being complied with. An action to enforce the terms a conditions of this Declaration may be brought by the City and may be by action at law or equity against any party or person violating or attempting to violate any covenants of this i eclaration or provisions of the building and zoning regulations, either to restrain violatio . or to recover damages. This enforcement provision shall be in addition to any other remedie . vailable under the law. 1 Cumulative. All rights, remedies, and privileges gained herein shall be deemed to be c ulative and the exercise of any one or more shall neither be deemed to constitute an elect of remedies, nor shall it preclude the party exercising the same from exercising such of additional rights, remedies or privileges as may be available to it. A-6 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 13. Amendment, Modification, Release. Th. instrument may be modified, amended, or released as to any portion or all of the Property •nly after the occurrence of a public hearing before, and approval from, the City Commissi► . Any amendment, modification, or release shall be executed by the Planning Director d the Zoning Administrator, or their successor or designee, and be in a form acceptable to e City Attorney. 14. Severability. Invalidation of an one of these covenants by judgment of Court shall not affect any of the other provisions of is Declaration, which shall remain in full force and effect. 15. Recording. This Decla ion shall be filed of record among the Public Records of Miami -Dade County, Florida, at e 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 w in thirty (30) days of recordation. 16. Counter. art lectronic Sinature. This Declaration may be executed in any number of counterparts, ea- of which so executed shall be deemed to be an original, and such counterparts shall toget - constitute but one and the same Declaration. The parties shall be entitled to sign and trmit an electronic signature of this Declaration (whether by facsimile, PDF or other email .nsmission), which signature shall be binding on the party whose name is contained therein. - ny party providing an electronic signature agrees to promptly execute and deliver to the o er parties an original signed Declaration upon request. 17. No Vested Rights. Nothing in this Declaration shall be construed to create any vested ri is whatsoever to the Owner, its successors, or assigns. A-7 Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 SUBSTITUTED SIGNATURE PAGES TO 'OLLOW A-8 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 IN WITNESS WHEREOF, the undersigned has set . is hand and seal this day of , 20 Witnessed by: o Bay Apartments II, LLC By: Name: Michael Van Der Poel, Managing Partner Address: Signature: Name: Address: Signature: STATE OF FLORIDA ) ss: COUNTY OF MI I-DADE) The fore'. sing instrument was acknowledged before me, by means of physical presence OR online no . rization, this day of , 20 by of . 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: A-9 Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 APPROVED AS TO CONTENTS: David Snow, AICP, LEED Planning Director Daniel S. Goldberg, Esq. Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNE George Wysong, Esq City Attorney A-10 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 SUBSTITUTED Exhibit "A" Legal Description of the operty LOT "C", LEGION PARK, ACCORDING TO T PLAT THEREOF AS RECORDED IN PLAT BOOK 39, PAGE 86, AS AMENDED .'ER AMENDED PLAT LEGION PARK, ACCORDING TO THE PLAT THEREOF AS ECORDED IN PLAT BOOK 39, PAGE 93, BOTH OF THE PUBLIC RECORDS OF MI I-DADE COUNTY, FLORIDA. AND LOTS "A" AND "B", LEGION P , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 39 PAGE 86, AS AMENDED PER AMENDED PLAT LEGION PARK, ACCORDING TTHE PLAT THEREOF AS RECORDED IN PLAT BOOK 39, PAGE 93, BOTH OF THE P : LIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND THE EAST 10 FEET OF •T "E" AND ALL OF LOTS "F", "G", AND "H", LEGION PARK, ACCORDING TO THE AT THEREOF AS RECORDED IN PLAT BOOK 39, PAGE 86, AS AMENDED PER ' ' ENDED PLAT LEGION PARK, ACCORDING TO THE PLAT THEREOF AS R ORDED IN PLAT BOOK 39, PAGE 93, BOTH OF THE PUBLIC RECORDS OF AMI-DADE COUNTY, FLORIDA. AND LOT "E" SS THE EAST 10 FEET, LEGION PARK, ACCORDING TO THE PLAT THERE • AS RECORDED IN PLAT BOOK 39, PAGE 86, AS AMENDED PER AMENDED PLAT GION PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BO • ' 39, PAGE 93, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, F I RIDA. A-1 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 AND LOTS 10 & 11, AND LOT 14 LESS THE EAST 25 EET THEREOF, LEGION PARK, ACCORDING TO THE PLAT THEREOF AS RECOD IN PLAT BOOK 39, PAGE 86, AS AMENDED PER AMENDED PLAT LEGION ' ARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 93, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLO IA. TOGETHER WITH: LOT 5, LESS THE SOUTH 7.5 FEET AND ESS THE EXTERNAL AREA OF A CIRCULAR CURVE, LYING WITHIN SAID LOT 5 SS THE WEST 30 FEET, BEING CONCAVE TO THE NORTHEAST, HAVING A R i •IUS OF 25.00 FEET, A CENTRAL ANGLE OF 89°44'00", AN ARC LENGTH OF 36. 5 FEET AND TANGENTS WHICH ARE 45.00 FEET EAST OF AND PARALLEL WIT HE CENTERLINE OF BISCAYNE BOULEVARD AND 16.50 FEET NORTH OF AND P ' ALLEL WITH THE CENTERLINE OF NE 64 TERRACE ARLINGTON, ACCORDING . 0 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 44, PUBLIC RECO " DS OF MIAMI-DADE COUNTY, FLORIDA. AND THAT STRIP OF LA ► " 1 LYING WITHIN SUBDIVISION "L", ACCORDING TO THE PLAT THEREOF, AS RE 1 • RDED IN PLAT BOOK "A", PAGE 1, PUBLIC RECORDS OF MIAMI- DADE COUNTY LORIDA, DESCRIBED AS FOLLOWS: BEGIN AT POINT 987.60 FEET NORTH OF THE SOUTHWEST CORNER OF GOVERNM IT LOT 5, IN SECTION 18, TOWNSHIP 54 SOUTH, RANGE 42 EAST, THENCE 'AST 112.00 FEET, THENCE NORTH 0.4 OF ONE FOOT; THENCE WEST 112.00 F r T; THENCE SOUTH 0.4 OF ONE FOOT TO THE POINT OF BEGINNING. AN . 1 A-2 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 THAT PARCEL OF LAND DESCRIBED AS FOLLOWS: 4MMENCE AT A POINT 988.00 FEET NORTH OF THE SOUTHWEST CORNER THE NORTHEAST 1/4 (OF GOVERNMENT LOT 5) OF SECTION 18, TOWNS IP 53 SOUTH, RANGE 42 EAST, THENCE RUN EAST 112.00 FEET; THENCE NOR 52.00 FEET; THENCE WEST 112.00 FEET; THENCE SOUTH 52.00 FEET TO THE ' OINT OF BEGINNING, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA LESS AND EXCEPTING FROM THE BOVE DESCRIBED PROPERTY THE FOLLOWING: THE WEST 30.00 FEET OF LOT 5, ARL ►" TON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, ' AGE 44, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND THE WEST 45.00 FEET OF THAT PORTION OF SUBDIVISION "L" OF GOVERN►. NT LOT 5, SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, ACCORDIN TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "A", PAGE 1, PUBLIC ' CORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING NORTH OF THE WESTE Y EXTENSION OF THE NORTH LINE OF LOT 5, ARLINGTON, ACCORD TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 44, PUBLIC RE ' • RDS OF MIAMI-DADE COUNTY, FLORIDA. AND LOT 3, LESS T . SOUTH 7.5 FEET, ARLINGTON, ACCORDING TO THE PLAT THEREOF, AS ' CORDED IN PLAT BOOK 7, PAGE 44, PUBLIC RECORDS OF MIAMI- DADE COUN , FLORIDA. AND LOT 4, ESS THE SOUTH 7.5 FEET, ARLINGTON, ACCORDING TO THE PLAT THE ' OF, AS RECORDED IN PLAT BOOK 7, PAGE 44, PUBLIC RECORDS OF MIAMI- DA ► COUNTY, FLORIDA. A-3 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 AND A STRIP OF LAND MEASURING 25.00 FEET NOR AND SOUTH AND 125.00 FEET EAST AND WEST LYING TO THE NORTH OF TTS "K" AND "L", AS SHOWN ON A PLAT OF SUBDIVISION OF GOVERNMENT L'1 5, IN SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, AND RECORDE I PLAT BOOK "A", PAGE 1 PUBLIC RECORDS OF MIAMI-DADE COUNTY, FL, ' IDA AND OTHERWISE REFERRED TO, DESCRIBED AND INDICATED AS TRACT " ON A CERTAIN PLAT ATTACHED TO A MORTGAGE RECORDED IN MORTGA BOOK 55, PAGE 146, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, L . S AND EXCEPT THE FOLLOWING PARCEL: THE WEST 45.00 FEET OF THE OUTH 25.00 FEET OF SUBDIVISION "C" OF GOVERNMENT LOT 5, SECTIO ' 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT TH. ' EOF, AS RECORDED IN PLAT BOOK "A" AND PAGE 1, PUBLIC RECORDS OF MIA -DADE COUNTY, FLORIDA. AND LOT D, LESS THE SOU THEREOF, RECORDE MIAMI-DADE CO FURTHER LESS T ARLINGTON R PLAT BOOK FLORIDA; SECTION THERE OF M FOL B 7.5 FEET, IN LEGION PARK, ACCORDING TO THE PLAT IN PLAT BOOK 39, AT PAGE 93, OF THE PUBLIC RECORDS OF Y, FLORIDA; AND LOTS 1 AND 2, LESS THE SOUTH 7.5 FEET SOUTH 16.5 FEET OF THE EAST 6 FEET OF LOT 1 THEREOF, OF BDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN , PAGE 44, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, D A PORTION OF SUBDIVISION C OF GOVERNMENT LOT 5 OF , TOWNSHIP 53 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT , AS RECORDED IN PLAT BOOK A, AT PAGE 1, OF THE PUBLIC RECORDS I-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS OWS: IN AT THE NORTHEAST CORNER OF LOT 1 OF "ARLINGTON", ACCORDING TO E PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, AT PAGE 44, OF THE PUBLIC A-4 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 RECORDS OF MIAMI-DADE COUNTY, FLORIDA; TH ICE S.89°44'50"W. ALONG THE NORTH LINE OF LOTS 1 AND 2 OF SAID "ARLIN, ON" FOR 112.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENC. .00°00'00"W. FOR 25.00 FEET TO THE INTERSECTION WITH THE WESTERLY E ENSION OF THE NORTH LINE OF LOT D OF "AMENDED PLAT LEGION PARK" CCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, AT P ' GE 93, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THE E N.89°44'50"E. ALONG THE WESTERLY EXTENSION OF SAID LOT "D" FOR 11 f0 FEET TO THE NORTHWEST CORNER OF SAID LOT D; THENCE S.00°00'00"E. ONG THE WEST LINE OF SAID LOT D FOR 25.00 FEET TO THE POINT OF BEGI ZING. TOGETHER WITH: LOT 9 OF ARLINGTON, A SU : DIVISION IN GOVERNMENT LOT 5, IN SECTION 18, TOWNSHIP 53 SOUTH, RA E 42 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BO • . 7, AT PAGE 44, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORID - , LESS A TRACT OF LAND 9 FEET NORTH AND SOUTH BY 6 FEET EAST AND ST LYING IN THE NORTHEAST CORNER OF LOT 9, AND BEING THE EASTEPRODUCTION OF THE SOUTH HALF OF ARLINGTON PLACE (NOW CALLED ► •RTHEAST 64TH TERRACE) THROUGH SAID LOT 9, ALL ACCORDING TO " HE PLAT OF ARLINGTON, AS RECORDED IN PLAT BOOK 7, PAGE 44, OF THE PU' IC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHE LOTS 6, THER OF CO ITH: , AND 8, OF ARLINGTON, A SUBDIVISION, ACCORDING TO THE PLAT F AS RECORDED IN PLAT BOOK 7, PAGE(S) 44, OF THE PUBLIC RECORDS AMI-DADE COUNTY, FLORIDA; ALL LESS THE NORTH 7.5 FEET AS VEYED TO THE CITY OF MIAMI, A FLORIDA MUNICIPAL CORPORATION, AS A-5 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 PER RIGHT OF WAY DEED RECORDED IN BOOK 2 78 PAGE 3332, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH: LOT 19, OF AMENDED PLAT OF LEGIO THEREOF, AS RECORDED IN PLAT BOOK OF MIAMI-DADE COUNTY, FLORIDA. AND LOT 22, OF AMENDED PLAT THEREOF, AS RECORDED IN PL OF MIAMI-DADE COUNTY, FL TOGETHER WITH: LOT 18 AND THE EAST FEET OF LOT 15, AMENDED PLAT LEGION PARK, LESS THE NORTH 16 FEET 1 THE WEST 4 FEET THEREOF, ACCORDING TO THE PLAT THEREOF AS RECO' '. D IN PLAT BOOK 39 AT PAGE 93, OF THE PUBLIC RECORDS OF MIAMI-DADE CF. TY, FLORIDA. PARK, ACCORDING TO THE PLAT AT PAGE 93, OF THE PUBLIC RECORDS O ' LEGION PARK, ACCORDING TO THE PLAT BOOK 39 AT PAGE 93, OF THE PUBLIC RECORDS IDA. TOGETHER WI A PORTION 'iF LOTS 14 AND 15 OF THE AMENDED PLAT LEGION PARK, AS RECORDE I. PLAT BOOK 39, AT PAGE 93, OF THE PUBLIC RECORDS OF MIAMI- DADE Ce TY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN FEET WEST OF THE SOUTHEAST CORNER OF LOT 15 AFOREMENTIONED; THE ' RUN NORTH PARALLEL TO THE EAST LINE OF LOT 15 FOR 84 FEET TO A PO ; THENCE RUN EAST PARALLEL TO THE SOUTH LINE OF LOT 15 FOR 4 FEET; T • NCE RUN NORTH PARALLEL TO THE EAST LINE OF LOT 15 FOR 16 FEET TO E NORTH LINE OF LOT 15; THENCE RUN WEST ALONG THE NORTH LINE OF A-6 Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 LOTS 15 AND 14 FOR 54 FEET TO A POINT; THENCE POINT; THENCE RUN WEST FOR 11 FEET TO A POIN THE WEST LINE OF THE EAST 1/2 OF LOT 14 FOR LOT 14; THENCE RUN EAST ALONG THE SOUT FEET TO THE POINT OF BEGINNING, ACCO RECORDED IN PLAT BOOK 39, AT PAGE 93 DADE COUNTY, FLORIDA. TOGETHER WITH: SUBSTITUTED R ' SOUTH FOR 16 FEET TO A HENCE RUN SOUTH ALONG FEET TO THE SOUTH LINE OF INE OF LOTS 14 AND 15 FOR 61 ING TO THE PLAT THEREOF, AS THE PUBLIC RECORDS OF MIAMI- LOT 7, OF AMENDED PLAT LEGION ARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, A ' PAGE 93, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. TOGETHER WITH: BEGIN AT A POINT 880 GOVERNMENT LOT 5) THENCE EAST 112 FT. FT; THENCE SOUT AMOUNT OF LAN OFFICIAL RECO PAGE 251 AN SUBDIVISIO TOWNSHIP AS CO TRANS PAG FL ET NORTH OF THE SW CORNER OF THE NE 1/4 (OR SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST; HENCE NORTH 50 FT, MORE OR LESS; THENCE WEST 112 0 FT, MORE OR LESS, TO THE PLACE OF BEGINNING, LESS TAKEN FOR USE IN BISCAYNE BOULEVARD AS DESCRIBED IN S BOOK 1790, PAGE 612 AND OFFICIAL RECORDS BOOK 7645, LESS AND EXCEPT THAT PORTION OF THE SOUTH 98 FEET OF L, ACCORDING TO THE PLAT OF GOVERNMENT LOT 5, SECTION 18, 3 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK A, PAGE 1, EYED INTO THE STATE OF FLORIDA DEPARTMENT OF ORTATION, BY DEED RECORDED IN OFFICIAL RECORDS BOOK 21087, AT 1215, ALL IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, IDA,FURTHER DESCRIBED AS FOLLOWS: A-7 Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 BEGIN AT A POINT OF INTERSECTION OF THE N FEET OF SUBDIVISION L WITH THE EAST RIGH NO. 5 (BISCAYNE BOULEVARD/US NO.1) AS S FLORIDA DEPARTMENT OF TRANSPORTA SECTION 87030, FINANCIAL PROJECT NO. 25 AND FILED FOR RECORDS AT THE OFFI MAPPING OF THE STATE OF FLORID DISTRICT SIX; THENCE NORTH 87°54'2 7.646 METERS (25.09 FEET); THENCE TO THE NEXT COURSE, FOR 2.200 OF A NON -TANGENT CIRCULAR A RADIUS OF 7.600 METERS (2 SOUTH 87°54'27" WEST, SO THROUGH A CENTRAL A METERS (39.28 FEET) TO LINE, OF STATE ROAD , FOR 9.836 METERS (3 EXCEPT THAT PO DEED RECORDED AND BEGIN AT POINT 832 FEET NORTH OF THE SW CORNER OF THE NE 1/4 (OR GOVERN NT LOT 5), SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST; THENC AST 112 FT; THENCE NORTH 48 FT; THENCE WEST 112 FT; THENCE SOUT 48 FT, TO THE POINT OF BEGINNING, LYING AND BEING IN MIAMI-DADE CO TY, FLORIDA, LESS AMOUNT OF LAND TAKE FOR USE IN BISCAYNE B • 4LEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 1790, PAGE 616 AND SUBSTITUTED TH LINE OF SAID SOUTH 98 F-WAY LINE OF STATE ROAD WN ON SHEET 10 OF 13 OF THE N RIGHT OF WAY MAPS FOR 241, AS APPROVED ON JUNE 30, 2000 OF RIGHT OF WAY SURVEYING AND DEPARTMENT OF TRANSPORTATION - EAST, ALONG THE SAID NORTH LINE, FOR UTH 02°05'33" EAST, ON A RADIAL BEARING TERS (7.22 FEET) TO A POINT OF CURVATURE URVE, CONCAVE TO THE SOUTHEAST, HAVING 3 FEET); THENCE FROM A TANGENT BEARING OF HWESTERLY ALONG SAID CURVE TO THE LEFT, GLE OF 90°15'58", FOR AN ARC LENGTH OF 11.973 POINT OF TANGENT INTERSECTION WITH SAID EAST THENCE NORTH 02°21'31" WEST, ALONG SAID EAST LINE, 7 FEET) TO THE POINT OF BEGINNING. FURTHER LESS AND ON CONVEYED TO THE CITY OF MIAMI IN RIGHT-OF-WAY OFFICIAL RECORDS BOOK 30126, PAGE 1541. A-8 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 OFFICIAL RECORDS BOOK 7645, PAGE 249, PUBLIRECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND LOTS 1 AND 2 LESS THE WEST 30.00 F ET, OF MARY BRICKELL'S PLAT, ACCORDING TO THE PLAT THEREOF, AS ' ' CORDED IN PLAT BOOK "B", AT PAGE 11, OF THE PUBLIC RECORDS OF MIA -DADE COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF LOT 2, OF . ARY BRICKELL'S PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORD . 0 IN PLAT BOOK "B", AT PAGE 11, AS CONVEYED INTO THE STATE OF F ORIDA DEPARTMENT OF TRANSPORTATION, BY DEED RECORDED IN OFFICI L RECORDS BOOK 21087, AT PAGE 1215, ALL IN THE PUBLIC RECORDS OF MIA -DADE COUNTY, FLORIDA, FURTHER DESCRIBED AS FOLLOWS: A PORTION OF LOT 2, ► ARY BRICKELL'S PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDE P IN PLAT BOOK B, PAGE 11 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNT FLORIDA, LYING IN THE NORTHEAST ONE -QUARTER (N.E. 1/4) OF SECTION 18, ' • WNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING 1RE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A PO OF INTERSECTION OF THE SOUTH LINE OF SAID LOT 2 WITH THE EAST RIG T-OF-WAY LINE OF STATE ROAD 5 (BISCAYNE BOULEVARD/ US NO.1) AS S . • WN ON SHEET 10 OF 13 OF THE FLORIDA DEPARTMENT OF TRANSPO' . ATION RIGHT OF WAY MAP FOR SECTION 87030 FINANCIAL PROJECT NO. 2502 - 1 AS APPROVED ON JUNE 30, 2000 AND FILED FOR RECORDS AT THE OFFIC 1 F RIGHT OF WAY SURVEYING AND MAPPING OF THE STATE OF FLORIDA DEP L TMENT OF TRANSPORTATION -DISTRICT SIX; THENCE NORTH 02°21 '31" WE : , ALONG SAID EAST RIGHT-OF-WAY LINE OF STATE ROAD 5, FOR 3.800 TERS (12.47 FEET) TO A POINT OF NON -TANGENT INTERSECTION OF A A-9 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 CIRCULAR CURVE, CONCAVE TO THE NORTHEAS , HAVING A RADIUS OF 7.600 METERS (24.93 FEET); THENCE FROM A TANGENT : EARING SOUTH 46°01'10" EAST, SOUTHEASTERLY ALONG SAID CURVE TO T E LEFT, THROUGH A CENTRAL ANGLE OF 46°04'27", FOR AN ARC LENGTH 0 ..111 METERS (20.05 FEET); THENCE SOUTH 02°05'37" EAST, FOR 1.472 ME ' S (4.83 FEET) TO A POINT OF INTERSECTION WITH THE SOUTH LINE 0 ' SAID LOT 2; THENCE SOUTH 87°54'23" WEST, ALONG SAID SOUTH LINE, FOR 5.' 6 METERS (17.90 FEET) TO THE POINT OF BEGINNING. FURTHER LESS AND EXCEPT THAT ' •RTION CONVEYED TO THE CITY OF MIAMI IN RIGHT-OF-WAY DEED RECOR I D IN OFFICIAL RECORDS BOOK 30126, PAGE 1541. AND LOT 6, OF LEGION PARK, CORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, AT PAG • 86 AND ACCORDING TO THE AMENDED PLAT LEGION PARK, AS RECORDED PLAT BOOK 39, AT PAGE 93 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNT , FLORIDA. LESS AND EXCEP THAT PORTION CONVEYED TO THE CITY OF MIAMI IN RIGHT- OF-WAY DEED ' CORDED IN OFFICIAL RECORDS BOOK 30126, PAGE 1541. AND AN EXPRS PURPOSE OF THIS TENTATIVE PLAT IS TO VACATE AND CLOSE FROM P LIC USE THE RIGHT-OF-WAY OF NE 64TH TERRACE WITHIN THE LIMITS OF TH . PLAT. LEG ' DESCRIPTION: P! TIONS OF SUBDIVISION C AND L "GOVERNMENT LOT 5", PLAT BOOK A, PAGE TOGETHER WITH ALL OF "ARLINGTON" A SUBDIVISION, PLAT BOOK 7, PAGE 44, A-10 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 AND ALL OF "AMENDED PLAT LEGION PARK", PLA :OOK 39, PAGE 93, AND LOTS 1 AND 2 "MARRY BRICKELL SUBDIVISION", PLA :OOK B, PAGE 11, ALL OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, ORIDA, LYING AND BEING IN SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 'AST, CITY OF MIAMI, MIAMI-DADE COUNTY FLORIDA; BEING MORE PARTICUL ' LY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST COR R OF SUBDIVISION "L", PLAT BOOK A, PAGE 1; THENCE NO2°20'50"W 97.98 FE ALONG THE CENTERLINE OF BISCAYNE BOULEVARD (SR 5/US 1);THENCE 87°54'10"E 45.00 FEET TO THE POINT OF BEGINNING; THENCE NO2°20'50"W 5.50 FEET ALONG THE EAST RIGHT OF WAY LINE OF BISCAYNE BOULEVAR► (SR 5/US 1); THENCE N87°54'10"E 264.59 FEET; THENCE N72°35'S0"E 66.30 F . T; THENCE N87°54'20"E 1.65 FEET; THENCE S02°18'30"E 7.50 FEET; T NCE N87°54'20"E 124.91 FEET TO A POINT OF CURVATURE OF A CIRCUL' ' CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET; ' ENCE 39.36 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL GEL OF 90°12'50" TO THE POINT OF TANGENCY ON THE WEST RIGHT OF WAY INE OF NE 7TH AVENUE; THENCE S02°18'30"E 68.00 FEET TO A POINT OF CURVA ' RE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIU` OF 25.00 FEET; THENCE 39.18 FEET ALO G THE ARC OF SAID CURVE THROUGH A CENTRAL ANGEL OF 89°47'10" TO T POINT OF TANGENCY; THENCE S87°54'20"E 123.42 FEET; THENCE S72°35'50"W ;..30 FEET; THENCE S87°54'10"W 57.37 FEET; THENCE S02°05'50"E 7.50 FEET; TH SCE S87°54'10"W 168.00 FEET; THENCE NO2°05'50"W 7.50 FEET; THENCE S87°54'10' 67.43 FEET TO THE POINT OF BEGINNING. ALL ANDS DESCRIBED BASED ON AN ASSUMED BEARING OF NO2°18'30"W ALA. G THE CENTERLINE OF NE 7TH AVENUE, AND CONTAINING 13,791 SQUARE A-11 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 FEET (0.31 ACRES), MORE OR LESS. LYING AND BE G IN MIAMI-DADE COUNTY, FLORIDA. TOTAL GROSS AREA 141,520.36 SQ FT 3.25 AC MORE OR LESS TOTAL NET AREA 139,520.26 SQ F ' 3.20 ACRES MORE OR LES A-12 Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 Exhibit "B" [Rezoning Area Legal ' escription] T5-R to T6-8L PORTIONS OF SUBDIVISION C AND L " 1, TOGETHER WITH LOT 1, 2, 3, 7, 8 BOOK 7, PAGE 44, AND LOTS A T PORTION OF LOT 7 OF "AMEND OF THE PUBLIC RECORDS OF IN SECTION 18, TOWNSHIP DADE COUNTY FLORIDA; COMMENCE AT THE INT 64TH STREET; THENCE 64TH STREET;THENC THENCE NO2°20'50" NO2°20'50"W 25.00 286.97 FEET AL POINT OF CU HAVING A CURVE T ON THE 356.92 SUBSTITUTED OVERNMENT LOT 5", PLAT BOOK A, PAGE D 9 OF "ARLINGTON" A SUBDIVISION, PLAT U H AND LOTS 10, 11, 14, 15, 18, 19, 22 AND A PLAT LEGION PARK", PLAT BOOK 39, PAGE 93, AMI-DADE COUNTY, FLORIDA, LYING AND BEING SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI- ING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SECTION OF BISCAYNE BOULEVARD (SR5/US1) AND NE 87°54'10"E 168.00 FEET ALONG THE CENTERLINE OF NE NO2°20'50"W 25.00 FEET TO THE POINT OF BEGINNING; 287.06 FEET; THENCE N87°54'10"E 56.00 FEET; THENCE EET; THENCE N87°54'10"E 326.23 FEET; THENCE S02°18'30"E G THE WEST RIGHT-OF-WAY LINE OF NE 7TH AVENUE TO A ATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST DIUS OF 25.00 FEET; THENCE 39.36 FEET ALONG THE ARC OF SAID OUGH A CENTRAL ANGEL OF 90°12'40" TO THE POINT OF TANGENCY EST RIGHT-OF-WAY LINE OF NE 64TH STREET; THENCE S87°54'10"W ONG THE SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. B-1 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 ALL LANDS DESCRIBED BASED ON AN ASSUM i BEARING OF NO2°18'30"W ALONG THE CENTERLINE OF NE 7TH AVENUE, ANCONTAINING 117,708 SQUARE FEET (2.70 ACRES), MORE OR LESS. LYING AND EING IN MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH T6-8-O to T6- PORTION • F LOT 7 OF "AMENDED PLAT LEGION PARK", PLAT BOOK 39, PAGE 93, OF TH 'UBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING AND BEING IN S TION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI- DA ► COUNTY FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: B-2 SUBSTITUTED Declaration of Restrictive Covenants Folio No(s): 01-3218-006-0040 01-3218-006-0030 01-3218-006-0020 01-3218-000-0100 01-3218-002-0081 01-3218-002-0080 01-3218-002-0110 01-3218-002-0100 01-3218-006-0060 01-3218-006-0051 01-3218-006-0050 01-3218-002-0020 01-3218-002-0030 01-3218-002-0040 01-3218-002-0050 01-3218-002-0060 01-3218-002-0070 COMMENCE AT THE INTERSECTION OF BISCAYNE B • 4 LEVARD (SR5/US1) AND NE 64TH STREET; THENCE N87°54'10"E 168.00 FEET A 'ING THE CENTERLINE OF NE 64TH STREET;THENCE NO2°20'50"W 25.00 FEET ' • THE POINT OF BEGINNING; THENCE S87°54'10"W 18.00 FEET; THENCE 2°20'50"W 79.08 FEET; THENCE N87°54'10"E 18.00 FEET; THENCE S02°20'50"E '.08 FEET BACK TO THE POINT OF BEGINNING. ALL LANDS DESCRIBED BASED ON AN . SUMED BEARING OF N87°54'10"E ALONG THE CENTERLINE OF NE 64TH STREET ND CONTAINING 1,423 SQUARE FEET (0.03 ACRES), MORE OR LESS. LYING AND : EING IN MIAMI-DADE COUNTY, FLORIDA. B-3