HomeMy WebLinkAbout23834AGREEMENT INFORMATION
AGREEMENT NUMBER
23834
NAME/TYPE OF AGREEMENT
BLOCK 55 RESIDENTIAL, LP
DESCRIPTION
DECLARATION OF RESTRICTIVE COVENANTS/DEFERRED
MIAMI-DADE COUNTY ROAD IMPACT FEES/MATTER ID: 21-
2646K/#68
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
11/19/2021
DATE RECEIVED FROM ISSUING
DEPT.
3/30/2022
NOTE
Return recorded copy to:
Impact Fee Section
Regulatory and Economic Resources Dept.
Miami -Dade County
11805 SW 26th St.
Miami, Florida 33175-2474
Instrument prepared by:
Carli Koshal
Bercow Radell Fernandez Larkin & Tapanes, PLLC
200 S. Biscayne Boulevard, Suite 300
Miami, FL 33131
Folio No. 01-0105-050-1120
DECLARATION OF RESTRICTIVE COVENANTS
FOR DEFERRED MIAMI-DADE COUNTY ROAD IMPACT FEES
This Declaration of Restrictive Covenants for Deferred Miami -Dade County Road Impact
Fees (the "Declaration") made this day of , 2021, by BLOCK 55
RESIDENTIAL, LP, a Florida limited partnership (the "Owner"), having an address at
2901 Florida Avenue, Suite 806, Miami, Florida 33133, in favor of MIAMI-DADE
COUNTY, a political subdivision of the State of Florida (the "County").
WHEREAS, Owner hereby covenants that Owner is lawfully seized of that certain
real property located in Miami -Dade County, Florida, legally described in Exhibit "A",
attached hereto and incorporated herein (the "Property");
WHEREAS, Owner intends to construct a mixed -use development that contains a
commercial component on the Property (which commercial portion is referred to as the
"Project");
WHEREAS, the Board of County Commissioners of Miami -Dade County has
adopted the Miami -Dade County Road Impact Fee Ordinance, Chapter 33E of the Code
of Miami -Dade County, Florida (the "Ordinance");
WHEREAS, the Miami -Dade County Department of Regulatory and Economic
Resources (the "Department"), through its Director, is given the authority to administer
and effectuate the Ordinance; for purposes of this Declaration, "Director" means the
Director of the Department, or of such successor, division, or department having
jurisdiction over such matters, or the Director's designee;
WHEREAS, Section 33E-14(e) of the Ordinance requires road impact fees to be
paid prior to issuance of the building permit (unless otherwise waived by operation of law
or other ordinance);
WHEREAS, subsection 33E-14(e)(1)(b) of the Ordinance allows for the deferral of
up to seventy-five percent (75%) of such road impact fees (excluding administrative costs)
until the earlier of the first temporary certificate of occupancy or certificate of occupancy
for the development activity pursuant to the process set forth therein for properties within
an Enterprise Zone (as defined in the Ordinance);
WHEREAS, the Property is located within an Enterprise Zone;
WHEREAS, the County, pursuant to the impact fee assessment for Process
Number M2021002425 ("Impact Fee Assessment"), attached as Exhibit "B", has
assessed Owner ($ ) in total road impact fees for the Project (the "Total
Project Road Impact Fees");
WHEREAS, Owner is seeking and desires the deferral of ($ ) of
the Total Project Road Impact Fees (the "Deferred Impact Fees") representing seventy-
five percent (75%) of the Total Project Road Impact Fees otherwise applicable to the
Project until such time as first temporary certificate of occupancy or permanent certificate
of occupancy is issued; and
WHEREAS, Owner has agreed to assure the Director that the Project will meet the
requirements of Section 33E-14(e)(1)(b) of the County Code providing for a declaration
of restrictive covenants running with the land and for a voluntary lien, as provided in that
section.
NOW THEREFORE, in consideration of the covenants and undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Owner hereby covenants and agrees as follows:
1. Recitals. The recitals set forth above are true and correct and are incorporated into
this Declaration.
2. Covenants Related to Section 33E-14(e)(1)(b), County Code and Voluntary Lien.
Pursuant to Section 33E-14 the County has granted Owner a deferral of the
Deferred Impact Fees until such time as the first temporary certificate of occupancy
or permanent certificate of occupancy is issued for the Project. In connection with
such deferral, Owner hereby declares that the Property shall be held, maintained,
transferred, sold, conveyed, and owned subject to the following designations and
restrictive covenants:
a. In connection with the deferral of the Deferred Impact Fees provided under
Section 33E-14(e)(1)(b) and this Declaration, prior to the issuance of either a
temporary or permanent certificate of occupancy by the City of Miami for the
Project, Owner, its successors, or assigns shall pay the Deferred Impact Fees
or such applicable remaining balance of the impact fee due for the Project.
b. In connection with the deferral of the Deferred Impact Fees provided under
Section 33E-14(e)(1)(b) and this Declaration, Owner acknowledges and agrees
that in the event the development activity fails to produce at least 100 new full-
time jobs when the final determination on the exemption set forth in Section
33E-14(d)(3) is made and fails to maintain an aggregate of 100 jobs for the 5-
year period required under Section 33E-14, the County shall be entitled to
recover an amount equivalent to interest on the deferred amount pursuant
Section 33E-14 at the statutory rate set forth under Section 55.03, Florida
Statutes. However, Owner intends on complying with the requirement of
producing the required jobs contemplated under the provisions of Section 33E-
14(e)(1)(b) and is submitting this Declaration with the understanding that in the
event the Enterprise Zone program is extended and upon satisfaction of the
requirements under the County Code, Owner shall be entitled to a refund of the
Total Project Road Impact Fees, including the Deferred Impact Fees pursuant
to Sections 33E-13 and/or 33E-14 of the County Code.
c. Owner acknowledges that this Declaration shall constitute a voluntary lien on
the commercial portions of the Project in the amount equal to the Deferred
Impact Fees pursuant to Section 33E-14(e)(1)(b) of the County Code.
3. Termination, Amendment, Dissolution of Lien, and Release.
a. Termination of Declaration and Release of Lien.
In the event the Project does not proceed, and the permit or development order
is either revoked or expires, or upon satisfaction of the Total Project Road
Impact Fees to the County, the Owner, its successors or assigns, upon written
request to the Director, shall have the right to a termination of this Declaration
and release of the voluntary lien subject to interest or fees as set forth in Section
2. Such termination of this Declaration and release of lien shall be executed
by the Director and recorded in the Official Records of Miami -Dade County,
Florida.
b. Release and Dissolution of Lien.
Upon payment of the Deferred Impact Fees (unless otherwise waived by
operation of law or ordinance) or such lower amount determined to be due
based on any amendments to the Project, the Owner, its successors or
assigns, upon written request to the Director, shall have the right to a Release
and Dissolution entirely releasing this Declaration and dissolving the voluntary
lien created pursuant to section 2.c. above. Such Release and Dissolution of
Lien shall be executed by the Director and recorded in the Official Records of
Miami -Dade County, Florida. Release or dissolution of this Coveannt shall not
affect any interest or fees owed for the period that the Deferred Impact Fees
were unpaid.
c. Amendment, Modification.
The provisions of this instrument may be further amended, modified or released
by a written instrument executed by the then -Owner of the portion of the
Property subject to the request, with joinders by all mortgagees, if any, provided
the same is also approved by the Director.
4. No Waiver. Nothing herein shall be deemed to waive the right of Owner to contest
the amounts assessed for the Project if less development than provided for in the
Impact Fee Assessment attached as Exhibit B is ultimately developed. Further,
nothing herein shall be deemed to waive the right of Owner to seek a refund or
exemption of the road impact fee under any other provision of the County Code,
including but not limited to Section 33E-13.
5. Notice. Any notice required to be given herein or under the County Code shall be
given by personal delivery or by certified U.S. mail at the address below or at such
other addresses as may be specified in writing by the parties:
COUNTY OWNER/LENDER
Impact Fee Division Supervisor
Miami -Dade County
11805 SW 26th Street
Miami, Florida 33182
With a copy to:
Office of the County Attorney
111 NW 1st Street
Suite 2910
Miami, Florida 33128
Block 55 Residential, LP
2901 Florida Avenue, Suite 806
Miami, Florida 33130
Attention: Michael Swerdlow
With a copy to:
Bercow Radell Fernandez
Larkin & Tapanes, PLLC
200 S. Biscayne Boulevard, Suite 300
Miami, FL 33131
Attn: Carli Koshal, Esq.
With a copy to:
Grady Hunt PLLC
2525 Ponce de Leon Boulevard, Suite 300
Coral Gables, FL 33134
Attn: Lauren Hunt, Esq.
6. Owner. The term "Owner" shall mean and refer to the record owner, whether one
or more persons or entities, of the fee simple title to the Property as hereinabove
provided. However, for purposes of this Declaration, with respect to any portion of
the Property that has been submitted)to the condominium form of ownership or
another collective ownership structure (a "Submitted Portion"), the condominium
association, property owners' association or other entity governing such Submitted
Portion shall be deemed to be the Owner of such Submitted Portion, even though
it may not actually own any portion of such Submitted Portion.
7. Estoppel. This Declaration is being recorded with the understanding that within 5
business days after written request of Owner or the holder of a mortgage, the
County shall provide an estoppel certificate with respect to the Owner's compliance
with the terms hereof, including amounts and payments of any impact fees.
8. Construction. The section headings that appear in this Declaration are for
purposes of convenience of reference only and are not to be construed as
modifying, explaining, restricting or affecting the substance of the sections in which
they appear. In construing this Declaration, the singular shall be held to include the
plural, the plural shall be held to include the singular, and reference to any
particular gender shall be held to include every other and all genders.
9. Governing Law. This Covenant shall be governed by, and shall be construed and
enforced in accordance with, the laws of the State of Florida.
[Execution Pages Follow]
Signed, witnessed, executed and acknowledged this r2 ' -day.of aditak; 2021.
Witnesses
By:
Print Name: .
By: 140,41 /
Print Name ,49/dhi4 D1
STATE OF d 4., t Kv,1/A-
COUNTY OF '5-1)"
)SS
BLOCK 55 RESIDENTIAL, LP,
a Florida limited partnership
By: Pacific Southwest Community
Development Corporation, a California
nonprofit public benefit corporation, its
general partner
By:
Name: v4i- 44 `1t P(
Title: ,67,4V1 /p a',/e,aGvrir.c ! m000t
The foregoing instrument was acknowledged before me, by means of ( physical presence or (
) online notarization, this day of! 2021 by E e(G 44-1rvP-
--of Pacific Southwest Community Development Corporation, a
California nonprofit public benefit corporation, as the general partner of Block 55 Residential, LP,
a Florida limited partnership, on behalf of said entities, who is ( ) personally known to me or
produced a valid driver's license as identification.
ELIZABETH L. BLOOM
Notary Public • California
San Diego County
Commission # 2291507
My Comm. Expires Jul .1, 2023
Notary Public:
Sign Name: ��`'�
Print Name:47,.j dC0-1 ' z L.00/1
My Commission Expires [NOTARIAL SEAL)
-147-1
EXHIBIT "A"
Legal Description
Lots 1 through 20, inclusive, of Block 55 North, Map of Miami, Dade Co. Fla, according to the plat
thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida;
less and except the East 7.5 feet of Lot 20; and further Tess and except that portion of Lot 10 taken
by the State Of Florida Department Of Transportation by Order Of Taking recorded in Official
Records Book 5349, Page 129, of the Public Records of Miami -Dade County, Florida, being more
particularly described as follows:
Begin on the West line of said Lot 10 at a point 14.51 feet South 02°16'16" East from the Northwest
corner thereof, said point being the beginning of a curve concave Southeasterly having a radius of
14.5 feet, thence from a tangent bearing of North 02°16'16" West run Northwesterly, Northerly and
Northeasterly 22.79 feet along said curve through a central angle of 90°02'57" to the North line of
said Lot 10, thence Westerly 14.51 feet along said North line to the Northwest corner of said Lot 10,
thence South 02°16'16" East 14.51 feet along the West line of said Lot 10 to the Point Of Beginning.
LESS AND EXCEPT:
A RIGHT-OF-WAY DEDICATION PARCEL BEING A PORTION OF LOT 1 AND LOTS 10
THROUGH 20, OF BLOCK 55 NORTH, MAP OF MIAMI, DADE CO. FLA., ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; LESS AND EXCEPT THE EAST 7.50 FEET OF SAID LOT 20;
AND FURTHER LESS AND EXCEPT THAT PORTION OF SAID LOT 10 TAKEN BY THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION BY ORDER OF TAKING RECORDED IN
OFFICIAL RECORDS BOOK 5349, PAGE 129, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN ON THE WEST LINE OF SAID LOT 10 AT A POINT 14.51 FEET SOUTH 02°16'16" EAST
FROM THE NORTHWEST CORNER THEREOF, SAID POINT BEING THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 14.5 FEET, THENCE FROM A
TANGENT BEARING OF NORTH 02°16'16" WEST RUN NORTHWESTERLY, NORTHERLY AND
NORTHEASTERLY 22.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
90°02'57" TO THE NORTH LINE OF SAID LOT 10, THENCE WESTERLY 14.51 FEET ALONG
SAID NORTH LINE TO THE NORTHWEST CORNER OF SAID LOT 10, THENCE SOUTH
02°16'16" EAST 14.51 FEET ALONG THE WEST LINE OF SAID LOT 10 TO THE POINT OF
BEGINNING.
SAID RIGHT-OF-WAY DEDICATION PARCEL LYING IN SAID BLOCK 55 NORTH AND BEING
DESCRIBED AS FOLLOWS:
THE EAST 12.50 FEET OF SAID LOT 1.
AND
THE WEST 10.00 FEET OF SAID LOT 10.
AND
THE WEST 10.00 FEET AND THE SOUTH 10.00 FEET OF SAID LOT 11 AND THE EXTERNAL
AREA OF A CIRCULAR CURVE, LYING WITHIN SAID LOT 11, SAID CIRCULAR CURVE
FORMED BY A 25.00 FOOT RADIUS, CONCAVE TO THE NORTHEAST, AND TANGENT TO A
LINE 10.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOT 11 AND
TANGENT TO A LINE 10.00 FEET NORTH AND PARALLEL WITH THE SOUTH LINE OF SAID
LOT 11.
AND
THE SOUTH 10.00 FEET OF SAID LOTS 12 THROUGH 19, INCLUSIVE.
AND
THE SOUTH 10.00 FEET AND THE WEST 5.00 FEET OF THE EAST 12.50 FEET OF SAID LOT
20 AND THE EXTERNAL AREA OF A CIRCULAR CURVE, LYING WITHIN SAID LOT 20, SAID
CIRCULAR CURVE FORMED BY A 25.00 FOOT RADIUS, CONCAVE TO THE NORTHWEST,
AND TANGENT TO A LINE 12.50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF
SAID LOT 10 AND TANGENT TO A LINE 10.00 FEET NORTH AND PARALLEL WITH THE SOUTH
LINE OF SAID LOT 20.
THE ABOVE DESCRIBED RIGHT-OF-WAY PARCEL SITUATED IN THE CITY OF MIAMI, MIAMI-
DADE COUNTY, FLORIDA AND LAND CONTAINING 10,640 SQUARE FEET MORE OR LESS
4841-9875-5582, v. 5
JOINDER BY MORTGAGEE
The undersigned CITY OF MIAMI, a municipal corporation of the State of Florida
("Mortgagee"), and mortgagee under that certain Miami Forever Bond Mortgage and Security Agreement
for Sawyer's Walk from Block 55 Residential, LP, a Florida limited partnership, dated August 12, 2021,
recorded August 25, 2021, in Book 32702, Page 915, of the public records of Miami -Dade County, Florida
covering all of the property described in the foregoing Declaration of Restrictive Covenants for Deferred
Miami -Dade County Road Impact Fees, does hereby acknowledge that the terms of the foregoing
Declaration are and shall be binding upon the undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this N day of Y1fN Q.--LA- .iy-e-t
2021.
ATTEST:
By: 1U" --
Todd Hannon? tty Clerk
Date: \ I `cObra— I
MIAMI,CITY OF a
Florida
By:
Arthur Norie
APPROVED • _ O ' ORM AND APPR
CORREC
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
) SS:
)
icipal corporation of the State of
O
DBY
GEMENT
Ann-M
TMENT:
arpe, Director
The foregoing instrument was acknowledged before me, by means of litTlysical presence or 0 by
online notarization, this I c( day of iL04.( , 2021, by Arthur Noriega V, as City Manager of
the City of Miami, a municipal corporation of the State of Florida, on behalf of said municipal corporation.
He is personally known to me or has produced as ide fication.
Notary Public
.`,4 7: A-J.AJ
Printed Name of Notary Public
My Commission expires:
4839-9874-8158, v. 1
Retum recorded copy to:
Impact Fee Section
Regulatory and Economic Resources Dept.
Miami -Dade County
11805 SW 26th St.
Miami, Florida 33175-2474
Instrument prepared by:
Carli Koshal
Bercow Radell Fernandez Larkin & Tapanes, PLLC
200 S. Biscayne Boulevard, Suite 300
Miami, FL 33131
Folio No. 01-0105-050-1120
111111111111111111111111111111111111111111111
CFH 2021 R089031 1
OR BY 32871 Pss 1514-1533 (20Pss)
RECORDED 11/29/2021 11:42:17
HARVEY RLIVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
DECLARATION OF RESTRICTIVE COVENANTS
FOR DEFERRED MIAMI-DADE COUNTY ROAD IMPACT FEES
This Declaration of Restrictive Covenants for Deferred Miami -Dade County Road Impact
Fees (the "Declaration") made this 12 day of October , 2021, by BLOCK 55
RESIDENTIAL, LP, a Florida limited partnership (the "Owner"), having an address at
2901 Florida Avenue, Suite 806, Miami, Florida 33133, in favor of MIAMI-DADE
COUNTY, a political subdivision of the State of Florida (the "County").
WHEREAS, Owner hereby covenants that Owner is lawfully seized of that certain
real property located in Miami -Dade County, Florida, legally described in Exhibit "A",
attached hereto and incorporated herein (the "Property");
WHEREAS, Owner intends to construct a mixed -use development that contains a
commercial component on the Property (which commercial portion is referred to as the
"Project");
WHEREAS, the Board of County Commissioners of Miami -Dade County has
adopted the Miami -Dade County Road Impact Fee Ordinance, Chapter 33E of the Code
of Miami -Dade County, Florida (the "Ordinance");
WHEREAS, the Miami -Dade County Department of Regulatory and Economic
Resources (the "Department"), through its Director, is given the authority to administer
and effectuate the Ordinance; for purposes of this Declaration, "Director" means the
Director of the Department, or of such successor, division, or department having
jurisdiction over such matters, or the Director's designee;
WHEREAS, Section 33E-14(e) of the Ordinance requires road impact fees to be
paid prior to issuance of the building permit (unless otherwise waived by operation of law
or other ordinance);
WHEREAS, subsection 33E-14(e)(1)(b) of the Ordinance allows for the deferral of
up to seventy-five percent (75%) of such road impact fees (excluding administrative costs)
Book32871/Page1514 CFN#20210890311 Page 1 of 20
until the earlier of the first temporary certificate of occupancy or certificate of occupancy
for the development activity pursuant to the process set forth therein for properties within
an Enterprise Zone (as defined in the Ordinance);
WHEREAS, the Property is located within an Enterprise Zone;
WHEREAS, the County, pursuant to the impact fee assessment for Process
Number M2021002425 ("Impact Fee Assessment"), attached as Exhibit "B", has
assessed Owner Four Million Six Hundred Fortv-Four Thousand One Hundred Seventy -
Six Dollars and Seventv-Three Cents ($4,644,176.73) in total road impact fees for the
Project (the "Total Project Road Impact Fees");
WHEREAS, Owner is seeking and desires the deferral of Three Million Four
Hundred Fourteen Thousand Eight Hundred Thirty -Five Dollars and Eighty -Three Cents
($3,414,835.83) of the Total Project Road Impact Fees (the "Deferred Impact Fees")
representing seventy-five percent (75%) of the Total Project Road Impact Fees otherwise
applicable to the Project until such time as first temporary certificate of occupancy or
permanent certificate of occupancy is issued; and
WHEREAS, Owner has agreed to assure the Director that the Project will meet the
requirements of Section 33E-14(e)(1)(b) of the County Code providing for a declaration
of restrictive covenants running with the land and for a voluntary lien, as provided in that
section.
NOW THEREFORE, in consideration of the covenants and undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Owner hereby covenants and agrees as follows:
1. Recitals'. The recitals set forth above are true and correct and are incorporated into
this Declaration.
2. Covenants Related to Section 33E-14(e)(1)(b), County Code and Voluntary Lien.
Pursuant to Section 33E-14 the County has granted Owner a deferral of the
Deferred Impact Fees until such time as the first temporary certificate of occupancy
or permanent certificate of occupancy is issued for the Project. In connection with
such deferral, Owner hereby declares that the Property shall be held, maintained,
transferred, sold, conveyed, and owned subject to the following designations and
restrictive covenants:
a. In connection with the deferral of the Deferred Impact Fees provided under
Section 33E-14(e)(1)(b) and this Declaration, prior to. the issuance of either a
temporary or permanent certificate of occupancy by the City of Miami for the
Project, Owner, its successors, or assigns shall pay the Deferred Impact Fees
or such applicable remaining balance of the impact fee due for the Project.
b. In connection with the deferral of the Deferred Impact Fees provided under
Section 33E-14(e)(1)(b) and this Declaration, Owner acknowledges and agrees
Book32871/Page1515 CFN#20210890311 Page 2 of 20
that in the event the development activity fails to produce at least 100 new full-
time jobs when the final determination on the exemption set forth in Section
33E-14(d)(3) is made and fails to maintain an aggregate of 100 jobs for the 5-
year period required under Section 33E-14, the County shall be entitled to
recover an amount equivalent to interest on the deferred amount pursuant
Section 33E-14 at the statutory rate set forth under Section 55.03, Florida
Statutes. However, Owner intends on complying with the requirement of
producing the required jobs contemplated under the provisions of Section 33E-
14(e)(1)(b) and is submitting this Declaration with the understanding that in the
event the Enterprise Zone program is extended and upon satisfaction of the
requirements under the County Code, Owner shall be entitled to a refund of the
Total Project Road Impact Fees, including the. Deferred Impact Fees pursuant
to Sections 33E-13 and/or 33E-14 of the County Code.
c. Owner acknowledges that this Declaration shall constitute a voluntary lien on
the commercial portions of the Project in the amount equal to the Deferred
Impact Fees pursuant to Section 33E-14(e)(1)(b) of the County Code.
3. Termination, Amendment, Dissolution of Lien, and Release.
a. Termination of Declaration and Release of Lien.
In the event the Project does not proceed, and the permit or development order
is either revoked or expires, or upon satisfaction of the Total Project Road
Impact Fees to the County, the Owner, its successors or assigns, upon written
request to the Director, shall have the right to a termination of this Declaration
and release of the voluntary lien subject to interest or fees as set forth in Section
2. Such termination of this Declaration and release of lien shall be executed
by the Director and recorded in the Official Records of Miami -Dade County,
Florida.
b. Release and Dissolution of Lien.
Upon payment of the Deferred Impact Fees (unless otherwise waived by
operation of law or ordinance) or such lower amount determined to be due
based on any amendments to the Project; the Owner, its, successors or
assigns, upon written request to the Director, shall have the right to a Release
and Dissolution entirely releasing this Declaration and dissolving the voluntary
lien created pursuant to section 2.c. above. Such Release and Dissolution of
Lien shall be executed by the Director and recorded in the Official Records of
Miami -Dade County, Florida. Release or dissolution of this Covenant shall not
affect any interest or fees owed for the period that the Deferred Impact Fees
were unpaid.
c. Amendment, Modification.
The provisions of this instrument may be further amended, modified or released
by a written instrument executed by the then -Owner of the portion of the
Property subject to the request, with joinders by all. mortgagees, if any, provided
the same is also approved by the Director.
Book32871/Page1516 CFN#20210890311 Page 3 of 20
4. No Waiver. Nothing herein shall be deemed to waive the right of Owner to contest
the amounts assessed for the Project if less development than provided for in the
Impact Fee Assessment attached as Exhibit B is ultimately developed. Further,
nothing herein shall be deemed to waive the right of Owner to seek a refund or
exemption of the road impact fee under any other provision of the County Code,
including but not limited to Section 33E-13.
5. Notice. Any notice required to be given herein or under the County Code shall be
given by personal delivery or by certified U.S. mail at the address below or at such
other addresses as may be specified in writing by the parties:
COUNTY
Impact Fee Division Supervisor
Miami -Dade County
11805 SW 26th Street
Miami, Florida 33182
With a copy to:
Office of the County Attorney
111 NW 1st Street
Suite 2910
Miami, Florida 33128
OWNER/LENDER
Block 55 Residential, LP
2901 Florida Avenue, Suite 806
Miami, Florida 33130
Attention: Michael Swerdlow
With a copy to:
Bercow Radell Fernandez
Larkin & Tapanes, PLLC
200 S. Biscayne Boulevard, Suite 300
Miami, FL 33131
Attn: Carli Koshal, Esq.
With a copy to:
Grady Hunt PLLC
2525 Ponce de Leon Boulevard, Suite 300
Coral Gables, FL 33134
Attn: Lauren Hunt, Esq.
6. Owner. The term "Owner" shall mean and refer to the record owner, whether one
or more persons or entities, of the fee simple title to the Property as hereinabove
provided. However, for purposes of this Declaration, with respect to any portion of
the Property that has been submitted to the condominium form of ownership or
another collective ownership structure (a "Submitted Portion"), the condominium
association, property owners' association or other entity governing such Submitted
Portion shall be deemed to be the Owner of such Submitted Portion, even though
it may not actually own any portion of such Submitted Portion.
7. Estoppel. This Declaration is being recorded with the understanding that within 5
business days after written request of Owner or the holder of a mortgage, the
County shall provide an estoppel certificate with respect to the Owner's compliance
with the terms hereof, including amounts and payments of any impact fees.
Book32871/Page1517 CFN#20210890311 Page 4 of 20
8. Construction. The section headings that appear in this Declaration are for
purposes of convenience of reference only and are not to be construed as
modifying, explaining, restricting or affecting the substance of the sections in which
they appear. In construing this Declaration, the singular shall be held to include the
plural, the plural shall be. held to include the singular, and reference to any
particular gender shall be held to include every other and all genders.
9. Governing Law. This Covenant shall be govemed by, and shall be construed and
enforced in accordance with, the laws of the State of Florida.
[Execution Pages Follow]
Book32871/Page1518 CFN#20210890311 Page 5 of 20
Signed, witnessed, executed and acknowledged this L day of (%h4, 201).
Witnesses
By:
Print Name:
Print Name
STATE OF (?Ay/t"Paf (/1 )
COUNTY )
)SS
BLOCK 55 RESIDENTIAL, LP,
a Florida limited partnership
By: Pacific Southwest
Community Development
Corporation, a California nonprofit
public benefit corporation, its
general partner
By:
Name , le 6'. foVi
Title: 9/TeriJ*41riersz we A.P
The foregoing instrument was acknowl dged before me, by means of (,/) physical presence
or ( ) online notarization, this day of&!2021 by d&ie- Li. -L4( 41 -
of Pacific Southwest Community Development Corporation, a
California nonprofit public benefit corporation, as the general partner of Block 55
Residential, LP, a Florida limited partnership, on behalf of said entities, who is ( ) personally
known to me or (X) produced a valid driver's license as identification.
ELF. Notary Public:
ELIZABETH L. BLOOM
,... Notary Public •Calfornia Sign Name:
i San Diego County P. Print Name: el- (-Zrt 66 r rF A . ✓.34_0oly
'~:+". Commission N 2291507
My Conan. Expires Jul 1, 2023
`-- —
My Commission Expires —/ I , o2D-0 3 [NOTARIAL SEAL]
EXHIBIT "A"
Book32871/Page1519 CFN#20210890311 Page 6 of 20
EXHIBIT "A"
Legal Description
Lots 1 through 20, inclusive, of Block 55 North, Map of Miami, Dade Co. Fla, according to the plat
thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida;
Tess and except the East 7.5 feet of Lot 20; and further Tess and except that portion of Lot 10 taken
by the State Of Florida Department Of Transportation by Order Of Taking recorded in Official
Records Book 5349, Page 129, of the Public Records of Miami -Dade County, Florida, being more
particularly described as follows:
Begin on the West line of said Lot 10 at a point 14.51 feet South 02°16'16" East from the Northwest
comer thereof, said point being the beginning of a curve concave Southeasterly having a radius of
14.5 feet, thence from a tangent bearing of North 02°16'16" West run Northwesterly, Northerly and
Northeasterly 22.79 feet along said curve through a central angle of 90°02'57" to the North line of
said Lot 10, thence Westerly 14.51 feet along said North line to the Northwest comer of said Lot 10,
thence South 02°16'16" East 14.51 feet along the West line of said Lot 10 to the Point Of Beginning.
LESS AND EXCEPT:
A RIGHT-OF-WAY DEDICATION PARCEL BEING A PORTION OF LOT 1 AND LOTS 10
THROUGH 20, OF BLOCK 55 NORTH, MAP OF MIAMI, DADE CO. FLA., ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; LESS AND EXCEPT THE EAST 7.50 FEET OF SAID LOT 20;
AND FURTHER LESS AND EXCEPT THAT PORTION OF SAID LOT 10 TAKEN BY THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION BY ORDER OF TAKING RECORDED IN
OFFICIAL RECORDS BOOK 5349, PAGE 129, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN ON THE WEST LINE OF SAID LOT 10 ATA POINT 14.51 FEET SOUTH 02°16'16" EAST
FROM THE NORTHWEST CORNER THEREOF, SAID POINT BEING THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 14.5 FEET, THENCE FROM A
TANGENT BEARING OF NORTH 02°16'16" WEST RUN NORTHWESTERLY, NORTHERLY AND
NORTHEASTERLY 22.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
90°02'57' TO THE NORTH LINE OF SAID LOT 10, THENCE WESTERLY 14.51 FEET ALONG
SAID NORTH LINE TO THE NORTHWEST CORNER OF SAID LOT 10, THENCE SOUTH
02°16'16" EAST 14.51 FEET ALONG THE WEST LINE OF SAID LOT 10 TO THE POINT OF
BEGINNING.
SAID RIGHT-OF-WAY DEDICATION PARCEL LYING IN SAID BLOCK 55 NORTH AND BEING
DESCRIBED AS FOLLOWS:
THE EAST 12.50 FEET OF SAID LOT 1.
AND
THE WEST 10.00 FEET OF SAID LOT 10.
AND
Book32871/Page1520 CFN#20210890311 Page 7 of 20
THE WEST 10.00 FEET AND THESOUTH 10.00 FEET OF SAID LOT 11 AND THE EXTERNAL
AREA OF A CIRCULAR CURVE, LYING WITHIN SAID LOT 11, SAID CIRCULAR CURVE
FORMED BY A 25.00 FOOT RADIUS, CONCAVE TO THE NORTHEAST, AND TANGENT TO A
LINE 10.00 FEET EAST OF AND PARALLEL WTH THE WEST LINE OF SAID LOT 11 AND
TANGENT TO A LINE 10.00 FEET NORTH AND PARALLEL WTH THE SOUTH LINE OF SAID
LOT 11.
AND
THE SOUTH 10.00 FEET OF SAID LOTS 12 THROUGH 19, INCLUSIVE.
AND
THE SOUTH 10.00 FEET AND THE WEST 5.00 FEET OF THE EAST 12.50 FEET OF SAID LOT
20 AND THE EXTERNAL AREA OF A CIRCULAR CURVE, LYING WTHIN SAID LOT 20, SAID
CIRCULAR CURVE FORMED BY A 25.00 FOOT RADIUS, CONCAVE TO THE NORTHWEST,
AND TANGENT TO A LINE 12.50 FEET WEST OF' AND PARALLEL WTH THE EAST LINE OF
SAID LOT 10 AND TANGENT TO A LINE 10.00 FEET NORTH AND PARALLEL WITH THE SOUTH
LINE OF SAID LOT 20.
THE ABOVE DESCRIBED RIGHT-OF-WAY PARCEL SITUATED IN THE CITY OF MIAMI, MIAMI-
DADE COUNTY, FLORIDA AND LAND CONTAINING 10,640 SQUARE FEET MORE OR LESS
4841-9875-5582, v. 5
Book32871/Page1521 CFN#20210890311 Page 8 of 20
MIAMI.D
COUNTY
Process Number: M2021002425-1
Folio: 0101050501120
CP•: N
Fee Payer:
Department of Regulatory and Economic Resources
Impact Fee Assessment
CP*: Exempt from Public Records 119.071 Florida Statues
Y: Exempt
N: No Exempt
Blank: No info
Batch: Collection Number:
Site Address: 249 NW 6 ST
Assessment Date: 11/24/2021
Disclaimer Note: ROAD/FIRE/POLJPKS Impact fees
will Increase on 10/1/2021
Exhibit B
Online Payment available at:
hops://wwwx.miamidade.gov/apps/rer/ImpactFeesPayments/defaultaspx
Payment can be made by Credit Card, Cash, Check or Cashlers's Check
Payable to Miami Dade County
Fee Type Dist Id 'Category Cat Category Description Units Fee Extended Amount
Code Sufix
AREA
ROAD
SCHL
1.0 5002 00 -UNIT SIZE (SQ FT)
2.0 820
'2.0 222
2.0 ..220
04 GENERAL RETAIL (200-300 KSF)
00 HIGH-RISE APARTMENT OR
CONDOMINIUM >3 FLOORS
00 APARTMENT (RENT 4 OR MORE UNIT
1.0 5001 00 RESIDENTIAL UNIT
0 $0.9180 $0.00
2.53,077 $18.7745 $4,751,394..14
0. 34,188.1800 $0.00
(16) $6,701.0880 ($107,217.41)
0 $612.0000 $0.00
Assessment Total Amount: S4,644,176.73
Deferral Amount: $0.00
Current Balance Due: $4,644,176.73
Report run on: November 24, 2021 11:40 AM Page 1 of 1
Book32871/Page1522 CFN#20210890311 Page 9 of 20
JOINDER BY MORTGAGEE
The undersigned CITY OF MIAMI, a municipal corporation of the State of Florida
("Mortgagee"), and mortgagee under that certain Miami Forever Bond Mortgage and Security Agreement
for Sawyer's Walk from Block 55 Residential, LP, a Florida limited partnership, dated August 12, 2021,
recorded August 25, 2021, in Book 32702, Page 915, of the public records of Miami -Dade County, Florida
covering all of the property described in the foregoing Declaration of Restrictive Covenants for Deferred
Miami -Dade County Road Impact Fees, does hereby acknowledge that the terms of the foregoing
Declaration are and shall be binding upon the undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this 19 day of n44-t
2021.
ATTEST:
Todd H. s'TS' Clerk
Date: `\ �� t`a,03-
ez, City Attorney
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
CITY OF MIAMI, a municipal corporation of the State of
Florida
The foregoing instrument was acknowledged before me, by means of El physical presence or 0 by
online notarization, this day of , 2021, by Arthur Noriega V, as City Manager of
the City of Miami, a municipal corporation of the State of Florida, on behalf of said municipal corporation.
He is personally known to me or has produced as identification.
Notary Public
,-(t.1.`,4 T, Al-c N
My Commission expires:
4839-9874-8158, v. 1
Printed Name of Notary Public
pd°"°"% MARIA T. ASON
MY COMMISSION # GG297231
0,„c EXPIRES: March 27, 2023
Book32871/Page1523 CFN#20210890311 Page 10 of 20
JOINDER BY MORTGAGEE
The undersigned THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a
national banking association ("Mortgagee"), and mortgagee under that certain First Mortgage, Assignment
of Rents and Leases, Security Agreement and Fixture Filing from Block 55 Residential, LP, a Florida
limited partnership, dated August 12, 2021, recorded August 25, 2021, in Book 32702, Page 849, as
assigned to Mortgagee pursuant to that certain Assignment of First Mortgage and Financing Documents
dated as of August 12, 2021, recorded August 25, 2021, in Book 32702, Page 881, each of the public
records of Miami -Dade County, Florida, covering all of the property legally described in the foregoing
Declaration of Restrictive Covenants for Deferred Miami -Dade County Road Impact Fees, does hereby
acknowledge that the terms of the foregoing Declaration shall be binding upon the undersigned and its
successors in title.
IN WITNESS WHEREOF, these presents have been executed this 28th day of October, 2021.
WI E SES:
rint N me: Michele R. Shrum
Print Name: Richard Dillard
STATE OF FLORIDA
) SS:
COUNTY OF DUVAL
THE BANK OF NEW YORK MELLON TRUST
COMPANY, N.A., a national banking association
By:
Nair : Step Me Greene-M. ews
Title: Vice President
The foregoing instrument was acknowledged before me, by means of $Cphysical presence or ❑ by
online notarization, this 28th day of October 2021, by Stephanie Greene -Matthews, as Vice President of
The Bank of New York Mellon Trust Company, N.A., a national banking association, on behalf of said
association. He/she is personally known to me or has produced as identification.
Notary Public
My Commission expires: I WU 23
4831-7653-3502, v. 1
Book32871/Page1524 CFN#20210890311 Page 11 of 20
rWfit er-
Printed Name of Notary Public
NATHAN TURNER
MY COMMISSION # GG290182
EXPIRES: January 09, 2023
(b)
OPINION OF TITLE
To: Miami -Dade County, a municipal corporation
With the understanding that this Opinion of Title is furnished to Miami -Dade County, a municipal
corporation, as an inducement for acceptance of a Declaration of Restrictive Covenants for Deferred Miami -Dade
County Road Impact Fees restricting the real property hereinafter described, it is hereby certified that we have
examined the Owner's Policy of Title Insurance issued by First American Title Insurance Company under Policy
No. 5011412-0875405e with an effective date of August 25, 2021 at 04:53:22 p.m. and that certain Attorneys'
Title Insurance Fund Services, LLC ATIDS search from August 25, 2021 through September 23, 2021 at 11:00
p.m. (collectively, the "Title Evidence"), which Search covers the period from the beginning of time to September
23, 2021 at 11:00 p.m., inclusive, with respect to the Property described in Exhibit "A" attached hereto.
Basing our opinion solely on the aforesaid Title Evidence covering said period, we are of the opinion that
on the last mentioned date, the fee simple title to the Property was vested in:
Block 55 Residential, LP, a Florida limited partnership
Further, based solely on the on-line records of www.sunbiz.org as of October 12, 2021, Robert W. Laing,
as President/Executive Director of Pacific Southwest Community Development Corporation, a California
nonprofit public benefit corporation, as general partner of Bock 55 Residential, LP, a Florida limited partnership,
is authorized to enter into that certain Declaration of Restrictive Covenants for Deferred Miami -Dade County
Road Impact Fees.
Subject to the following liens, encumbrances, and other exceptions:
1. RECORDED MORTGAGE:
(a) First Mortgage, Assignment of Rents and Lease, Security Agreement and Fixture Filing from Block
55 Residential, LP, a Florida limited partnership, to Housing Finance Authority of Miami -Dade
County, Florida, and The Bank of New York Mellon Trust Company, N.A., as note trustee, dated
August 12, 2021, recorded August 25, 2021, in Book 32702, Page 849, as assigned by that certain
Assignment of First Mortgage Documents from Housing Finance Authority of Miami -Dade
County, Florida, to The Bank of New York Mellon Trust Company, N.A., as bond trustee, dated
August 12, 2021, recorded August 25, 2021 in Book 32702 Page 881, securing unto the insured
lender indebtedness in the original face amount of $200,000,000.00.
Miami Forever Bond Mortgage and Security Agreement from Block 55 Residential, LP, a
Florida limited partnership, to City of Miami, dated August 12, 2021, recorded August 25, 2021 in
Book 32702, Page 915; as affected by Subordination and Partial Release Agreement among Housing
Finance Authority of Miami -Dade County, Florida, The Bank of New York Mellon Trust Company,
N.A., City of Miami, and Block 55 Residential, LP, dated August 12, 2021, Recorded August 25,
2021 in Book 32702, Page 936.
2. RECORDED MECHANICS LIENS, CONTRACT LIENS AND JUDGMENTS:
None.
4840-3421-2094 v.1
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Book32871/Page1525 CFN#20210890311 Page 12 of 20
3. GENERAL EXCEPTIONS:
(a) All taxes or assessments for the year 2021 and all subsequent years.
(b) Rights of parties in possession other than the above owner.
(c) Facts that would be disclosed by an accurate survey of the Property.
(d) Any unrecorded laborer's, mechanics' or materialmens' liens and municipal liens.
(e) Zoning and other restrictions imposed by governmental authority.
(f) Any adverse claim to any portion of said land which has been created by artificial means or has
accreted to any such portion so created and riparian rights, if any.
4. SPECIAL EXCEPTIONS:
(a) Reservation of an undivided three -fourths interest in, and title in and to an undivided three -fourths
interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said land
and an undivided one-half interest in all the petroleum that is or may be in, on, or under said land
with the privilege to mine and develop the same in accordance with Section 270.11(1), Florida
Statutes in favor of the City of Miami by virtue of Warranty Deed recorded in Official Records
Book 17064, Page 152, without right of entry.
(b) Agreement for Water and Sanitary Sewer Facilities between Miami -Dade County and Southeast
Overtown/Park West Community Redevelopment Agency recorded in Official Records Book
31514, Page 1200.
(c) Block 55 Restrictive Covenant recorded September 11, 2020 in Official Records Book 32095, Page
3457, affected by Certificate of Compliance Southeast Overtown/Park West Community
Redevelopment Agency, dated August 12, 2021 and recorded August 25, 2021 in Official Records
Book 32702, Page 98.
(d) Housing Restrictive Covenant Agreement recorded September 11, 2020 in Official Records Book
32095, Page 3520, affected by Approval of Transfer Southeast Overtown/Park West Community
Redevelopment Agency, dated August 12, 2021 and recorded August 25, 2021 in Official Records
Book 32702, Page 97, and as assigned and assumed by that certain Assignment and Assumption
Agreement between Block 55 Owner, LLC, as Assignor and Block 55 Residential, LP, as Assignee,
dated August 12, 2021, recorded August 25, 2021, in Official Records Book 32702, Page 845.
(e) Unrecorded Lease as evidenced by Memorandum of Lease dated September 4, 2020, as amended,
by and between Block 55 Owner, LLC, a Florida limited liability company, Landlord and Target
Corporation, a Minnesota corporation, Tenant filed of record September 11, 2020, in Book 32095,
Page 3546, and Amendment to Memorandum of Lease recorded April 19, 2021 in Book 32445,
Page 4817, Public Records of Miami -Dade County, Florida; as affected by Subordination, Non -
Disturbance and Attornment Agreement recorded August 25, 2021 in Official Records Book 32702,
Page 985.
4840-3421-2094 v.1
156079/00020
Book32871/Page1526 CFN#20210890311 Page 13 of 20
(g)
Unrecorded Lease as evidenced by Memorandum of Lease dated September 1, 2020, as amended,
by and between Block 55 Owner, LLC, a Florida limited liability company, Landlord and Aldi
(Florida) L.L.C., a Florida limited liability company, Tenant filed of record September 11, 2020,
in Book 32095, Page 3556, Public Records of Miami -Dade County, Florida; as affected by
Subordination, Non -Disturbance and Attomment Agreement recorded August 25,2021 in Official
Records Book 32702, Page 995.
(h) Notice of Establishment of the Sawyer's Landing Community Development District recorded in
Official Records Book 32341, Page 1533.
(i) Unrecorded Lease as evidenced by Memorandum of Lease dated April 29, 2021, by and between
Block 55 Owner, LLC, a Florida limited liability company, Landlord and Burlington Coat Factory
Warehouse Corporation, a Florida corporation, Tenant filed of record July 15, 2021, in Book
32623, Page 3316, Public Records of Miami -Dade County, Florida; as affected by Subordination,
Non -Disturbance and Attomment Agreement recorded August 25,2021 in Official Records Book
32702, Page 1004.
(j) Land Use Restriction Agreement by and among the Housing Authority of Miami -Dade County,
Florida, Block 55 Residential, LP, a limited partnership formed and The Bank of New York Mellon
Trust Company, N.A., a national banking association, dated August 12, 2021, recorded August 25,
2021 in Book 32702, Page 812.
(k) Reservations of development rights as set forth in that certain Special Warranty Deed from Block
55 Owner, LLC to Block 55 Residential, Ltd., dated August 12, 2021, recorded August 25, 2021
in Book 32702, Page 99.
(I) Air Rights Easement Agreement by and among by and between Block 55 Owner, LLC, a Florida
limited liability company, its successors and or/assigns, and Sawyer's Landing Community
Development District, a local unit of special purpose government duly organized and existing under
the provisions of the Uniform Community Development District Act of 1980, Chapter 190, Florida
Statutes, as amended, Section 1.01(A)(21) of the Miami -Dade Home Rule Charter, approved by
Resolution No. R-20-0086 of the City Commission of the City of Miami, Florida, adopted on March
12, 2020, and created pursuant to Ordinance No. 21-2, enacted by the Board of County
Commissioners of Miami -Dade County, Florida on January 20, 2021 and becoming effective on
January 30, 2021, dated August 12, 2021, recorded, August 25, 2021 in Book 32700, Page 2170;
as affected by Subordination and Partial Release Agreement among Housing Finance Authority
of Miami -Dade County, Florida, The Bank of New York Mellon Trust Company, N.A., City of
Miami, and Block 55 Residential, LP, dated August 12, 2021, recorded August 25, 2021 in Book
32702, Page 936, as affected by Subordination, Non -Disturbance and Attornment Agreement by
and among Block 55 Owner, LLC Sawyers Landing Community Development District, and Target
Corporation recorded, August 25, 2021 in Official Records Book 32700, Page 2217 as affected by
as affected by Subordination, Non -Disturbance and Attornment Agreement by and among Block
55 Owner, LLC Sawyers Landing Community Development District, and Aldi's recorded August
25, 2021 in Official Records Book 32700, Page 2223; as affected by as affected by Subordination,
Non -Disturbance and Attornment Agreement by and among Block 55 Owner, LLC Sawyers
Landing Community Development District, and Burlington Coat Factory Warehouse recorded
August 25, 2021 in Official Records Book 32700, Page 2229; as affected by as affected by
Subordination, Non -Disturbance and Attornment Agreement by and among Block 55 Owner, LLC
Sawyers Landing Community Development District, and Five Below recorded August 25, 2021
4840-3421-2094 v.I
156079/00020
Book32871/Page1527 CFN#20210890311 Page 14 of 20
(m)
in Official Records Book 32700, Page 2235; as affected by as affected by Subordination, Non -
Disturbance and Attornment Agreement by and among Block 55 Owner, LLC Sawyers Landing
Community Development District, and Ross Dress for Less, Inc. recorded August 25, 2021 in
Official Records Book 32700, Page 2243.
Air Rights Easement Agreement by and among by and between Block 55 Owner, LLC, a Florida
limited liability company, its successors and or/assigns, and Block 55 Org Owner, LLC, a Florida
limited liability company, dated August 12, 2021, recorded August 25, 2021 in Book 32702, Page
4.
(n) Declaration of Consent to Jurisdiction of The Sawyer's Landing Community Development District
(Imposition of Special Assessments, and Imposition of Lien of Record); and Mortgagee
Acknowledgement of District's Special Assessment Lien by and between Block 55 Owner, LLC
and Housing Finance Authority of Miami -Dade County, Florida, dated August 12, 2021, recorded
August 25, 2021 in Book 32702, Page 59.
(o) Lien of Record of Sawyer's Landing Community Development District by Sawyer's Landing
Community Development District, dated August 12, 2021, recorded August 25, 2021 in Book
32702, Page 68.
(p) Collateral Assignment and Assumption of Certain Development Rights Relating to Sawyer's
Landing by Block 55 Owner, LLC, in favor of Sawyer's Landing Community Development
District, dated August 12, 2021, recorded August 25, 2021 in Book 32702, Page 71.
(q) True -Up Agreement by and between Sawyer's Landing Community Development District and
Block 55 Owner, LLC, dated August 12, 2021, recorded August 25, 2021 in Book 327402, Page
84.
(r) Unrecorded Lease dated April 14, 2021, by and between Block 55 Owner, LLC, a Florida limited
liability company, Landlord and Five Below, Inc., a Pennsylvania corporation, Tenant; as affected
by Subordination, Non -Disturbance and Attornment Agreement recorded August 25, 2021 in
Official Records Book 32702, Page 1014.
(s)
Unrecorded Lease dated August 1, 2021, by and between Block 55 Owner, LLC, a Florida limited
liability company, Landlord and Ross Dress for Less, Inc., Tenant; as evidenced by that certain
Memorandum of Lease dated August 12, 2021, recorded, August 25, 2021 in Book 32700, Page
2145, affected by Subordination, Non -Disturbance and Attornment Agreement recorded August
25, 2021 in Official Records Book 32702, Page 1025.
(t) Declaration of Restrictive Covenants recorded August 4, 2021 in Official Records Book 32661,
Page 2561.
(u) Declaration of Restrictive Covenants for Sawyer's Walk (Miami Forever Bond Funds) by Block
55 Residential, LP in favor of the City of Miami dated August 12, 2021, recorded August 25, 2021
in Book 32702, Page 987.
(v) Rent Regulatory Agreement for Sawyer's Walk by Block 55 Residential, LP in favor of the City
of Miami dated August 12, 2021, recorded August 25, 2021 in Book 32702, Page 905.
4840-3421-2094 v.1
156079/00020
Book32871/Page1528 CFN#20210890311 Page 15 of 20
Notice of Commencement recorded August 25, 2021 in Book 32702, Page 1034.
Notice of Commencement recorded August 25, 2021 in Book 32702, Page 1061.
Notice of Commencement recorded August 27, 2021 in Book 32705, Page 410.
All of the recording information contained herein refers to the Public Records of Miami -Dade County,
Florida.
Therefore, it is our opinion that the following parties must join in the execution of the Declaration of
Restrictive Covenants for Deferred Miami -Dade County Road Impact Fees, as applicable with Miami -Dade
County, covering the real property described herein.
NAME
INTEREST
SPECIAL EXCEPTION NO.
Block 55 Residential, LP, a
Florida limited partnership
Owner
N/A
The Bank of New York Mellon
Trust Company, N.A.
Mortgagee
1(a)
The City of Miami
Mortgagee
1(b)
I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the State of
Florida and am a member in good standing of the Florida Bar.
[SIGNATURE PAGE OF OPINION OF TITLE ON NEXT PAGE]
4840-3421-2094 v.1
156079/00020
Book32871/Page1529 CFN#20210890311 Page 16 of 20
[SIGNATURE PAGE OF OPINION OF TITLE]
Respectfully submitted this day of October, 2021.
STATE OF FLORIDA
) SS:
COUNTY OF PALM BEACH
NELSON P , ! ' 1 EY : ARBOROUGH LLP
By:
Name: hristop er Stoller
Florida Bar No. 684813
Address: Nelson Mullins Riley & Scarborough LLP
1905 NW Corporate Blvd., Suite 310
Boca Raton, FL 33431
Tel: 561-483-7000
The foregoing instrument was acknowledged before me by means of J physical presence or
online notarization, this ►?1day of October, 2021 by Christopher Stoller, who is personally
known to me and did take an oath.
'. SHANNON N. AUSTIN
MY COMMISSION # NH 049333
P`= EXPIRES: January 25, 2025
"q.fe lit** Bondsd Thru ?Wary Public Unde age"
,.,
4840-3421-2094 v.I
156079/00020
Print Name: S� vinon Ric
Notary Public, State of Florida
Commission No.:
My Commission Expires:
Book32871/Page1530 CFN#20210890311 Page 17 of 20
EXHIBIT "A"
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA, AND
DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 20, INCLUSIVE, OF BLOCK 55 NORTH, MAP OF MIAMI, DADE CO. FLA., ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
LESS AND EXCEPT THE EAST 7.5 FEET OF LOT 20; AND FURTHER LESS AND EXCEPT THAT PORTION OF LOT 10
TAKEN BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY ORDER OF TAKING RECORDED IN
OFFICIAL RECORDS BOOK 5349, PAGE 129, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN ON THE WEST LINE OF SAID LOT 10 AT A POINT 14.51 FEET SOUTH 02°16'16" EAST FROM THE NORTHWEST
CORNER THEREOF, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 14.5 FEET, THENCE FROM A TANGENT BEARING OF NORTH 02°16'16" WEST RUN NORTHWESTERLY,
NORTHERLY AND NORTHEASTERLY 22.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°02'57" TO
THE NORTH LINE OF SAID LOT 10, THENCE WESTERLY 14.51 FEET ALONG SAID NORTH LINE TO THE NORTHWEST
CORNER OF SAID LOT 10, THENCE SOUTH 02°16'16" EAST 14.51 FEET ALONG THE WEST LINE OF SAID LOT 10 TO THE
POINT OF BEGINNING.
LESS AND EXCEPT:
ROW LESS OUT LEGAL DESCRIPTION:
THOSE PORTIONS OF LOT 1 AND LOTS 10 THROUGH 20, OF BLOCK 55N, MAP OF MIAMI, DADE CO. FLA., ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; LESS AND EXCEPT THE EAST 7.50 FEET OF SAID LOT 20; AND FURTHER LESS AND EXCEPT THAT
PORTION OF SAID LOT 10 TAKEN BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY ORDER OF
TAKING RECORDED IN OFFICIAL RECORDS BOOK 5349, PAGE 129, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN ON THE WEST LINE OF SAID LOT 10 AT A POINT 14.51 FEET SOUTH 02°16'16" EAST FROM THE NORTHWEST
CORNER THEREOF, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 14.5 FEET, THENCE FROM A TANGENT BEARING OF NORTH 02°16'16" WEST RUN NORTHWESTERLY,
NORTHERLY AND NORTHEASTERLY 22.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°02'57" TO
THE NORTH LINE OF SAID LOT 10, THENCE WESTERLY 14.51 FEET ALONG SAID NORTH LINE TO THE NORTHWEST
CORNER OF SAID LOT 10, THENCE SOUTH 02° 16' 16" EAST 14.51 FEET ALONG THE WEST LINE OF SAID LOT 10 TO THE
POINT OF BEGINNING.
SAID RIGHT-OF-WAY DEDICATION PARCEL LYING IN SAID BLOCK 55N AND BEING DESCRIBED AS FOLLOWS:
THE EAST 12.50 FEET OF SAID LOT 1.
AND
- THE WEST 10.00 FEET OF SAID LOT 10.
AND
4840-3421-2094 v.1
156079/00020
Book32871/Page1531 CFN#20210890311 Page 18 of 20
THE WEST 10.00 FEET AND THE SOUTH 10.00 FEET OF SAID LOT 11 AND THE EXTERNAL AREA OF A CIRCULAR
CURVE, LYING WITHIN SAID LOT 11, SAID CIRCULAR CURVE FORMED BY A 25.00 FOOT RADIUS, CONCAVE TO THE
NORTHEAST, AND TANGENT TO A LINE 10.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOT 11
AND TANGENT TO A LINE 10.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 11.
AND
THE SOUTH 10.00 FEET OF SAID LOTS 12 THROUGH 19, INCLUSIVE.
AND
THE SOUTH 10.00 FEET AND THE WEST 5.00 FEET OF THE EAST 12.50 FEET OF SAID LOT 20 AND THE EXTERNAL
AREA OF A CIRCULAR CURVE, LYING WITHIN SAID LOT 20, SAID CIRCULAR CURVE FORMED BY A 25.00 FOOT
RADIUS, CONCAVE TO THE NORTHWEST, AND TANGENT TO A LINE 12.50 FEET WEST OF AND PARALLEL WITH THE
EAST LINE OF SAID LOT 20 AND TANGENT TO A LINE 10.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE
OF SAID LOT 20.
THE ABOVE DESCRIBED PORTIONS ARE SITUATED IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA.
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OR BK 32871 PG 1533
LAST PAGE
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