HomeMy WebLinkAbout2021-069-3624_-_Vista_Lago_North_-_Adopted.docxRESOLUTION NO. 2021-069-3624
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AGREEING TO BECOME
RESPONSIBLE FOR THE VISTA LAGO MULTIPURPOSE
MAINTENANCE SPECIAL TAXING DISTRICTS - NORTH AND
REMAIN DORMANT IF ANY ASSOCIATION AND COMMUNITY
DEVELOPMENT DISTRICT (CDD) FAILS TO PROVIDE THE
REQUIRED MAINTENANCE SERVICE; PROVIDING FOR
INSTRUCTIONS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Vista Lago is a residential community currently under construction to
be developed with a mix of townhomes, condominiums and apartments located at 502
NW 207th Street in Miami Gardens, and
WHEREAS, a Homeowner Association (HOA) was established to ensure the
ongoing maintenance and upkeep of the common areas of the development, and
WHEREAS, on October 14, 2020, the City Council approved resolution #2020-
121-3519, in support of the Vista Lago Community creating Multipurpose Maintenance
Special Taxing Districts pursuant to Chapter 18 of the Code of Miami-Dade County, see
attached hereto as Exhibit “A,” and
WHEREAS, Miami-Dade County now requires the developer to have a City
Resolution providing the City will agree to take responsibility for the Districts described
on Exhibits ‘B’ and ‘C’ should the association go bankrupt under Chapter 18 of the Code
of Miami-Dade County, and
WHEREAS, this process would allow the City to take over the Special Taxing
Districts and collect funds through the tax roll to maintain the common areas of the
development, and
WHEREAS, staff recommends City Council approve the Resolution for the City to
become responsible for the Vista Lago Community Multipurpose Maintenance Special
Taxing Districts which will be activated if the Homeowner's Association ceases to operate
effectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing “WHEREAS”
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
DocuSign Envelope ID: E3A5248E-0AC6-4EE4-8765-D7C8E74762A7
Page 2 of 2
Resolution No. 2021-069-3624
Section 2: APPROVAL: The City Council approves the Resolution for the City to
become responsible for the Vista Lago Community Multipurpose Maintenance Special
Taxing District(s).
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JUNE 9, 2021.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER
Moved by: Vice Mayor Leon
Seconded by: Councilman Stephens
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Leon Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
DocuSign Envelope ID: E3A5248E-0AC6-4EE4-8765-D7C8E74762A7
MIAMI-DADE COUNTY PAGE OF
PARKS,RECREATION AND OPEN SPACES DEPARTMENT
SPECIAL ASSESSMENT DISTRICTS DIVISION
Document Preparation DepartmentalAcceptanceDate
Date (Government Use Only)
PETITION FOR MULTIPURPOSE SPECIAL TAXING DISTRICT
To the Boardof County Commissioners of Miami-Dade County,Florida:
We,the undersigned property owners,do hereby petition Miami-Dade County,Florida,for the creation of the Special Taxing District(s)
required by the respective plat(s)pursuant to Chapter 18 of the Code of Miami-Dade County,Florida,for any or all of the following:
landscape,lake,entrance features and fence/wall maintenance services (requested landscape,lake,entrance features and fence/wall
maintenance servicesshallbemore ?illy described on the attached Exhibit B).The petitionedfor districtlieswithinthat portionof the City
of Miami Gardens in Miami-Dade County more fully described on the attached Exhibit A.
Tentative Plat(s)Name(s):Vista Lago
It is understood and agreed that the boundaries of this district and the type and level of services to be provided by this districtwill be
reviewed by the appropriateCounty authorities.It is also understood that the improvements to be provided shall be in accordance with
minimumstandards and requirements set forth by the Miami-DadeCounty Parks,Recreation and Open Spaces Department.
LEGAL DESCRIPTION
OF PROPERTYOWNER'S NAl\/[E OWNER'S ADDRESS TAX FOLIO NUMBER
Vista Lago,LLC 7740 SW 104 Street,Suite 201 34-1136-000-0030
Alejandro Rodriguez MORE FULLY
Managing Member DESCRIBED ON
——
“EXH]BIT A”
PLACE NOTARY STATEMENT AND STAMP HERE:
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this2.ig'dayofJAN 2021,by ALEJANDRO
RODRIGUEZ the Managing Member of VISTA LAGO,LLC,a Florida Limited Liability Co any.He is personallyknown to me or
has produced a identi?cation.J ”
NOTARY PUBLIC,STATE OF FLORIDA
My Commission expires:J44/I0-J/STI'7;3'02’!
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(Print,Type or Stamp Commissioned Name of Notary Public)
Vista Lago South
Petition for Special Taxing District North.docx V.6.22.06
PAGE 2 OF 3 OF THE PETITION
DEPARTMENTALACCEPTANCEDATE
(GOVERNMENTUSEONLY)
EXHIBIT “A”
EXHIBIT A TO THE PETITION FOR THE PLAT KNOWN AS VISTA LAGO DATED
_,2021 FOR THE CREATION OF SPECIAL TAXING DISTRICT.
Legal Description:
Tract A and the south half of Tract D of the “Vista Lago”Subdivision recorded at Plat
Book 175,Page 18 of the Public Records of Miami-Dade County,Florida.
PAGE __OF _oF THE PETITION
EXHIBIT B
EXHIBITB TO THE PETITION FOR THE SUBDIVISION KNOWN AS VISTA LAGO
DATED ,FOR THE CREATION OF A MULTIPURPOSE MAINTENANCE
SPECIAL TAXING DISTRICT.
AREAS TO BE MAINTAINED:
FENCE,WALL,LANDSCAPING AND ENTRANCE FEATURE ALONG NW 207 STREET
FENCE AND LANDSCAPING ALONG NW4 AVENUE AND NW 7 AVENUE
LAKEAREA
INTERNAL LANDSCAPED COMMON AREAS
MAINTENANCE SCHEDULE:
A.)LAWN/GRASS
1)CUT AS REQUIRED
2)FERTILIZE AND WEED CONTROL AS NEEDED
3)TREAT FOR PESTS/DISEASES AS NEEDED
4)IRRIGATE WITHAUTOMATIC SYSTEM AND ELECTRICAL SERVICE FOR
SAME
5)MULCHING—PERFORMED TWICE A YEAR OR AS NEEDED
B.)TREES/SHRUBS
1)TRIM,FERTILIZE AND TREAT FOR PESTS AS NEEDED
2)REPLACE AS REQUIRED
C.)WAL/FENCE MAINTENANCE
1)MAINTENANCEAND SURFACE REPAIR OF THE EXTERIOR OF A
DECORATIVE MASONRY WALL AND THE REMOVAL OF GRAFFITIAS
NEEDED
2)WALL/COLUMN PAINTING (EVERY FOUR YEARS)
D.)LAKEMAINTENANCETO INCLUDE,BUT NOT LIMITEDTO,REMOVAL OF DEBRIS,
AQUATIC WEEDS,PLANTS AND ALGAE BY CHEMICALAND/OR MECHANICAL
MEANS AS NEEDED.
IMPROVEMENTS BY DEVELOPER FOR EACH LAKE ANDIOR OPEN
SPACES:
A.)2 SPACES LOCATED IN PARKING AREA ADJACENT TO THE LAKE
B.)12’WIDEIMPROVED BOAT RAMP TO EXTEND INTO THE WATER SUFFICIENT TO
ALLOW A 3’LAUNCHINGDEPTH AT MEDIANLAKEWATER LEVEL
C.)A LOCKINGSWINGING GATE,12 FT.WIDEWITHREMOVABLE GUARDRAIL
D.)ACCESS CONTROL FENCE TO INCLUDESWINGING GATE PER PARKS
DEPARTMENTSTANDARDS
_1‘L(_)_t_e_:THIS SPECIAL TAXING DISTRICT ENCOMPASES A PRIVATE DRIVE COMMUNITY AND
THE MULTIPURPOSE MAINTENANCE COMPONENT OF THE DISTRICT SHALL BE DORMANT.
SERVICE WILL ONLY COMMENCE FOLLOWING FAILURE (AS DEFINED IN A “GRANT OF
PERPETUAL NON-EXCLUSIVE EASEMENT”SUBMITTED AT THE SAME TIME AS TPHS
PETITION)OF ANY HOME-OWNER’S ASSOCIATION AND/OR COMMUNITY DEVELOPMENT
DISTRICT TO PROVIDE THE REQUIRED SERVICES.ASSUMPTION OF MAINTENANCE
SERVICES SHALL COMMENCE FOLLOWING ADOPTION OF THIS DISTRICT’S
MULTIPURPOSE MAINTENANCE ASSESSMENT ROLL BY THE BOARD OF COUNTY
PAGE _OF __OF THE PETITION
COMMISSIONERS AT A PUBLIC HEARING.OTHER MAINTENANCE SERVICES MAY BE
PROVIDED IN THE FUTURE AS SPECIFIED IN THE DISTRICT’S ORDINANCE AND
AMENDMENTS THERETO.IN THE EVENT THIS DISTRICT IS ACTIVATED,THE FOLLOWING
AREAS MAY BE MAINTAINED:
FENCE,WALL,LANDSCAPING AND ENTRANCE FEATURE ALONG NW 207 STREET
FENCE AND LANDSCAPING ALONG NW 4 AVENUE AND NW 7 AVENUE
LAKE AREA
INTERNAL LANDSCAPED COMMON AREAS
CERTIFIED CORPORATE RESOLUTION
The undersigned hereby being the President of VISTA LAGO,LLC,a limited liability company
existing under the laws of the State of Florida,certifies that the following is a true and correct copy
of the resolutions adopted by the Board of Directors of said Corporation at a meeting held on the
Day of ,2021 at 7740 SW 104 Street,Miami,Florida.
Resolved by the Members of this limited liability company that the Company consent a join in the
filing with the Board of County Commissioners a petition for a Special Taxing district for the
subdivision known as "VISTA LAGO"pursuant to Chapter 18 of the Code of Miami-Dade County;
and be it further.
RESOLVED that the Managing Member of the Company is authorized,directed and empowered on
behalf of the Company to execute any and all applications,petitions and other documents
pertaining to the Special Taxing District for the subdivision known as “VISTA LAGO”pursuant to
Chapter 18 of the Miami-Dade County Code.
The adoption of said resolutions was in all aspects legal;and that said resolutions are in full force
and effect and have not been modified or rescinded.
Date this ZIQI"day off)”°l'~I‘???g,2021.
WITNESSED BY:By:VISTA LAGO,LLC
#77/E593/;ALEJANDRO RODRIGUEZ
(MANAGING MEMBER)
STATE OF FLORIDA)
)ss.
COUNTY OF MIAMI-DADE)
I HEREBY CERTIFY that on this day,before me,an officer duly qualified to take
acknowledgments,personally appeared ALEJANDRO RODRIGUEZ the Managing
Member of VISTA LAGO,LLC,a Florida Limited Liability Company,who is personally
known tg me,or who produced identification in the form of ,
and who executed the foregoing resolution and acknowledged before me that
QT/\'LLC executed the same for the purposes herein expressed.
WITNESS my hand and official seal in the County and State last aforesaid,thisQ35‘day of Jove ,2021.,
Notary Public,State a I '
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AFFIDAVIT OF MEMBERS,MANAGING MEMBERS,AND MANAGERS
OF FLORIDA LIMITED LIABILITY COMPANY
WE,
Full name Title;S)
Alejandro Rodriguez Managing Member
hereby swear or affirm that 2
1.The foregoing persons or entities set forth above constitute and are all of the Members,
Managing Members,and Managers,as those terms are de?ned in Section 608.402,Fla.
Stat.(20l4),as same may be amended from time to time,or the equivalent*thereof,of the
Florida Limited Liability Company known as Vista Lago,LLC,as same may be amended
from time to time,or the equivalent*thereof,currently filed with the Secretary of State of
the State of Delaware;
2.There are no Members,Managing Members or Managers,or the equivalent*thereof,of
the aforesaid Florida Limited Liability Company other than the persons or entities set forth
above.
3.There are no provisions in any Articles of Organization,or the equivalent*thereof,of the
aforesaid Florida Limited Liability Company or in any operating agreement,written or
oral,or the equivalent*thereof,of the aforesaid Florida Limited Liability Company,as
those terms are defined in Section 608.402,Fla.Stat.(20l4),as same may be amended
from time to time,which prohibit,restrict or limit in any way or in any manner the
*The term “equivalent”shall mean for the purposes of this Affidavit,with respect to “persons”or
“entities”,any person or entity which has or may have any one or more of the duties or powers or
obligations or responsibilities or authorities,real or apparent,of a Member,Managing Member,or
Manager,as those terms are defined in Section 608.402,Fla.Stat.(2014),as same may be amended
from time to time.The term “equivalent”shall mean for the purposes of this Affidavit,with respect
to instruments or documents or articles of organization or operating agreements or written
agreements or oral agreements,any written agreement or oral agreement or instrument or
document which has or may have any one or more of the functions or purposes of any instrument,
document,operating agreement,written agreement or oral agreement described or mentioned in
this Affidavit.
Page 1 of 2
execution of the instruments or documents attached hereto and incorporated herein by
reference hereto,to wit,Petition for Multipurpose Special District,Easement,Special
Taxing District Acknowledgement,Certi?ed Corporate Resolution,and Owner’s Gap
Affidavit,by any of the foregoing persons or entities set forth above for and on behalf of
the aforesaid Florida Limited Liability Company and to bind and obligate the aforesaid
Florida Limited Liability Company as set forth in the foregoing instrument or document.
4.All of the foregoing persons or entities set forth above are authorized by the aforesaid
Florida Limited Liability Company,to execute the instruments or documents attached
hereto and incorporated herein by reference hereto,to wit,Petition for Multipurpose
Special District,Easement,Special Taxing District Acknowledgement,Certi?ed Corporate
Resolution,and Owner’s Gap Affidavit,for and on behalf of the aforesaid Florida Limited
Liability Company and to bind and obligate the aforesaid Florida Limited Liability
Company as set forth in the foregoing instrument or document.
5.All of the provisions of this Affidavit shall be construed in accordance with the laws of the
State of Florida.
#Q Alejandro Rodriguez,Managing Member
Signature of Member/Managing
Member/Manager
Sworn to and subscribed before me this day of .;§??t/\A(2.%,2021 (year)by
Alejandro Rodriguez (print name legibly),who is personallyknown to me 0 who has produced
(type of identification).
&;(Signature of Notary Public)
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Page 2 of 2
DECLARATION OF COVENANT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the undersigned,Alejandro Rodriguez,the Managing Member of Vista Lago,LLC,a Florida
Limited Liability Company,the owner of the following subdivision,to wit:Vista Lago recorded in Plat Book 175
and Page 18 of the Public Records of Miami-Dade County,Florida,and
WHEREAS,Miami-Dade County,Florida,requires notice to purchasers of new residential property of the
existence,or the proposed creation,of specialtaxing districts affecting their property,
NOW,THEREFORE,in consideration of the approval of the aforesaid plat of Vista Lago by Miami-Dade
County,Florida,the undersigned do(es)hereby declare and agree that upon the sale of said subdivision or of any
lot or lots therein,the undersigned will incorporate in such conveyances the following covenant,to wit:
THE PROPERTY WHICH IS THE SUBJECT OF THIS TRANSACTION IS LOCATED
WITHIN THE LEAVE BLANK gCOUNTY USE}MULTIPURPOSE MAINTENANCE
TAXING DISTRICT PROPOSED FOR CREATION BY THE MIAMI-DADE BOARD OF
COUNTY COMMISSIONERS FOR THE PURPOSE OF PROVIDING LOCAL
SERVICES IN THE NATURE OF LEAVE BLANK (COUNTY USE).THE COST FOR
PROVIDING SUCH SERVICES SHALL BE PAID BY SPECIAL ASSESSMENTS
LEVIED AGAINST PROPERTIES WITHIN THE DISTRICT.SAID SPECIAL
ASSESSMENTS MAY BE COLLECTED AT THE SAME TIME AND IN THE SAME
MANNER AS AD VALOREM TAXES.
The undersigned hereby declare (s)that this said covenant shall constitute a covenant running with the land and
shallbe binding upon the undersigned,his successors and assigns.
IN WITNESS WHEREOF,the undersigned Alejandro Rodriguez,Managing Member of Vista Lago,LLC,a
Florida Limited Liability Company has (have)executed these presents for the purposes set forth,this 2,_I9"dayof
,1/r1J(,tAagé%,A.D.2021.
Signed:<
Print name:Alejandro Rodriguez
Managing Member of Vista Lago,LLC
Notagy Statement and Stamp:
STATE or FLORIDA)
)ss.
COUNTY OF MIAMI-DADE)
I HEREBY CERTIFY that on this day,before me,an officer duly qualified to take acknowledgments,personally
appeared ALEJANDRO RODRIGUEZ the Managing Member of VISTA LAGO,LLC,a Florida Limited
Liability Company,who is personally known to me,or who produced identi?cation in the form of
and who executed the foregoing resolution and acknowledged before me that VISTA
LAGO,LLC executed the same for the purposes herein expressed.
WITNESS my hand and official seal in the County and State last aforesaid,thisélg"day ofaT’°“"“U-‘?2021.
Notary Public,State of Florida
My Commission expires:
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SPECIALTAXINGDISTRICTACKNOWLEDGEMENT
Pursuant to section 18-20.2 (d)of the Code of Miami—DadeCounty (Code),any special taxing
district petition submitted pursuant to section 18—22.1ofthe Code,shall require the petitioning property
owner(s)to sign the following statement prior to submitting the petition.Upon creation of the special
taxing district,the County Mayor or Mayor's designee shall record the statement,together with the legal
description ofthe property,in the public records of Miami—DadeCounty,Florida.The petitioning property
owner(s)shall be required to prepay the costs of such recordation at the time the petition is filed.
Recording Costs to be submitted with document(s)
First page $10.00
Other pages $8.50 per page
Check or money order Payable to Miami—DadeCounty
SPECIALTAXINGDISTRICTACKNOWLEDGEMENT
Pursuant to section 18—20.2(cl)and section 18—22.1of the Code of Miami—DadeCounty
KNOWALLMEN BYTHESEPRESENTS:
WHEREASthe undersigned Alejandro Rodriguez,the Managing Member of Vista Lago,LLC;a
Florida Limited LiabilityCompany,being the owner of the following described property,in Miami—Dade
County,Florida,to-wit:
The “Vista Lago”Subdivision recorded at Plat Book 175,Page 18
of the Public Records of Miami—DadeCounty,Florida.
This property is located within the Vista Lago Multipurpose Special Taxing District created by
Miami—DadeCounty for the purpose of providing local improvements and services in the nature of fence,
gate,landscaping,and lake maintenance.The costs for providing such improvements and services shall
be paid by special assessments levied against properties within the district.Said special assessments may
be collecteilatthesametimean?he same manner as ad valorem taxes.
Signature of Property Owner(s)
Alejandro Rodriguez
Managing Member
Vista Lago,LLC
STATE OF FLORIDA )
)ss:
COUNTYOF M|AM|—DADE )
The foregoing instrument was acknowledged before me thiwday of 3’/"'N
2021 by ALEJANDRORODRIGUEZ the Managing Member of VISTALAGO,LLC,a FloridaLimite iability
Company.He is personally known to me or has producedgs:entificatia-
NOTARYPUBLIC,STATEOF FLORIDA
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Page -1-
This instrument prepared by:
Name:
Address:
STATE OF FLORIDA
Graham Penn,Esq.
Bercow Radell Fernandez Larkin&Tapanes,PLLC
200 S.Biscayne Boulevard,Suite 300
Miami,FL 33131
OWNER'S GAP AFFIDAVIT
)
)ss.
COUNTY OF MIAMI-DADE)
BEFORE ME,the undersigned authority,personally appeared Alejandro Rodriguez,Manaing Member of Vista Lago,LLC,a
Florida Limited LiabilityCompany,(the "Owner"),who first being duly sworn,deposes and says:
A.Owner’s Af?davit:
1.Applicant is the owner of the following described property (the “Property”):
The “Vista Lago"Subdivision recorded at Plat Book 175,Page 18 of the Public Records of Miami-Dade County,
Florida.
There is no outstanding contract for sale of the Property to any person whomsoever,nor any unrecorded deed,
mortgage or other conveyance affecting the title to the Property,
There are no lien,encumbrances,mortgages,claims boundary lien or other disputes,demands or security interest
in,or against the Property or any goods,furnishings,appliances,fixtures or equipment now installed inor since
,which are to be affixed to the Property;that there are no unpaid taxes,levies,assessments,
paving lien or utilityliens against the Property (other than real taxes for the current year).
That there are no judgments,claims,demands or other matters pending against the Owner that would’attach to
the Property.Owner has complies with the Florida Sales Tax Laws where applicable.Owner acknowledges
responsibility for water,sewer and electrical consumption charges through date of closing or occupancy by owner,
whichever first occurs.
Owner is insole constructive or actual possession of the Property and no other person has any right to possession
of the property,or assets any claim of titleor other interest in it.
Owner represents that there are no violations of governmental laws,regulations or ordinances pertaining to the use
of the Property.
[EXECUTION PAGE(S)FOLLOW]
Page -2 -
Date this 2 l5"‘day of ,2021.
Vista Lago,LLC,a Florida Limited LiabilityCompany
By:Z
Alejandro Rodriguez
Managing Member
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
SFTheforegoinginstrumentwasacknowledgedbeforemethisa)_day of 2021,by ALEJANDRO
RODRIGUEZ the Managing Member of VISTA LAGO,LLC,a Florida Limited LiabilityCompan He is personally known to
me or has produced as identi?cation.
NOTARY PUBLIC,STATE 0 ORlDA
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This instrument prepared by:
Name:Graham Penn,Esq.
Address:Bercow Radell FernandezLarkin&Tapanes,PLLC
200 S.Biscayne Boulevard,Suite 300
Miami,FL 33131
EASEMENT
THIS GRANT OF PERPETUAL NON-EXCLUSIVE EASEMENT (“Easement”)is
dated as of ,_2021 by Vista Lago,LLC,(“Owner”),a Florida Limited Liability
Company.
RECITALS
A.OWNER owns that certain parcel of real property located in the County of
Miami-Dade,State of Florida,(COUNTY)as described in Exhibit A attached hereto and
incorporated herein by this reference (referred to herein as “Parent Parcel”).
B.OWNER has submittedto COUNTY,and COUNTY has approved subject to
Recordation that certain ?nal plat known as Vista Lago,recorded in PB 175 Pg 18 (referred to
herein as “Plat”).
C.The Plat provides that a Homeowners Association,Community Development
District,and/or Special Taxing District approved by Miami-Dade County shall be responsible for
maintaining certain areas or tracts more particularly depicted on the Plat and in Exhibit B
attached hereto (the “Infrastructure Parcels”)
1.Easement.OWNER hereby grants a perpetual non-exclusive easement over the
Infrastructure Parcels depicted in Exhibit B hereto,running in favor of the COUNTY for the
benefit of the public,for the purpose of maintenance and public access,ingress and egress,the
rights under which shall be exercised solely at the discretion of the County and pursuant to the
process described in Paragraph 3 hereof,upon the occurrence of a Failure to Maintain
Infrastructure Parcels as de?ned in Paragraph 2 hereof.
2.Failure to Maintain Infrastructure Parcels.The exercise of any rights hereunder
is expressly conditioned on the occurrence of a failure by the Homeowner’s Association and any
authorized Community Development District to maintain the Infrastructure Parcels and any
improvements constructed thereon (“Failure to Maintain Infrastructure Parcels”),which failure
shall be determinedby the process set forth in Paragraph 3 herein and shall be deemed to occur in
the event that any one of the following takes place:
a.There exist collectively and simultaneously upon the Infrastructure Parcels not
fewer than ?ve (5)continuing violations within the meaning of Section 8CC-4(c)
of the Code of Miami-Dade County,as such may be amended;or
b.The Homeowners Association has been dissolved pursuant to either Section
607.1421,Florida Statutes or Section 607.1431,Florida Statutes,and any
authorized Community Development District has been terminated or its parcels
conveyed,or has been declared inactive pursuant to Section 189.4044,Florida
'Statutes;or
c.There exists a condition on any of those Infrastructure Parcels that have been
improved with roadways which renders such roadways impassible to the safe
passage of vehicles,which condition is permitted to remain for a period of more
than thirty (30)days;or
d.There exists any condition on any Infrastructure Parcels which poses an
immediate and substantial threat to the health or safety of the public in general or
of any resident or tenant of the Property in particular.
3.Determination of Failure to Maintain Infrastructure Parcels.Determination of
whether Failure to Maintain Infrastructure Parcels has occurred shall be by the Miami-Dade
County Board of County Commissioners after public hearing.Prior notice of the public hearing
shall be provided by certi?ed mail to the Homeowners Association,to any authorized Community
Development District,and to all record owners of property within the Plat.In the event that such
adetermination is made,a notice of that determination shall be recorded in the public records of
Miami-Dade County.
4.Covenants Running with Land.This Easement shall run with the lands described
herein,and shall be binding upon OWNER and COUNTY and shall inure to and be for the
bene?t of OWNER and COUNTY and their respective successors and assigns.The provisions of
this instrument shall become effective upon their recordation in the public records of Miami-Dade
County,Florida,and subject to the provisions of Paragraph 7 and shall continue in effect for a
period of thirty (30)years after the date of such recordation,after which time they shall be
extended automatically for successive periods of ten (10)years each,unless terminated in writing
as provided for herein.
5.Attorney’s Fees.In the event that any party brings an action to enforce its rights
hereunder,the prevailing party in such action shall be entitled to receive all costs and reasonable
attorney’s fees in addition to any damages to which it is due by reason of such action.
6.Notices.Any demands or notice allowed or required hereunder (except notice as
provided by Paragraph 3 above)shall be deemed to have been properly given or served when
delivered personally or deposited with the United States Postal Service,as registered or certi?ed
mail,postage prepaid and addressed as follows:
If to COUNTY:Miami-Dade County
Of?ce of the Mayor
111 N.W.First Street,Suite 2910
Miami,FL 33128-1970
and a copy to Miami-Dade County Attomeys Of?ce
111 N.W.First Street,28”‘Floor
Miami,FL 33128-1970
If to OWNER:Alejandro Rodriguez
Vista Lago,LLC
7740 SW 104 Street
Miami,FL 33156
and a copy to:Graham Penn,Esq.
Bercow Radell Fernandez Larkin &Tapanes,PLLC
200 S.Biscayne Boulevard,Suite 300
Miami,FL 33131
Any party may change his,her or its address for notice by giving the other parties hereto at least
fifteen (15)days’prior written notice of any such change of address.
7.Amendments.This Easement may not be changed,modi?ed,released or
amended in whole or in part except by a written and recorded instrument,executed by the then
record fee owners of the Infrastructure Parcels,after notice in the manner provided in Paragraph 3
hereof and after hearing and approval by the Board of County Commissioners of Miami-Dade
County,Florida.
8.No COUNTY Obligation to Exercise.Nothing herein shall be construed as
obligating the COUNTY to exercise any of its easement rights herein,and the COUNTY may
determine whether to exercise all or any portion of its easement rights herein,in its sole
discretion.
9.Severability.If any portion contained herein shall be held to be invalid or to be
unenforceable or not to run with the land,such holding shall not affect the validity or
enforceability of the remainder of this instrument.
[EXECUTION PAGE(S)FOLLOW]
IN WITNESS WHEREOF,OWNER has caused this instrument to be executed and
delivered as of the date and year first written above.
Signed,Sealed and Delivered
In the Presence of:
Signature
Alejandro Rodriguez
Managing Member
«ista Lago,LLC
%—€+‘A
Signature of First Witness ature of Second Witness
4:76;,Sara;0/5;AW‘A/MI»«nW>‘~w>
Print Name of First itness Print Name of Second Witness
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
2019,by ALEJANDRO RODRIGUEZ the Managing Member of VISTA LAGO,LLC,
Florida Limited Liability Company.He is personallyknown to me or has produced
as identification.
NOTARY PUBLIC,STATE OF FLORI
My Commission expires:
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(Print,Type or Stamp Commissioned Name of Notary Public)
§§f%l3Yfi‘i5é2_Z’aClaudiaDominguez
“i Commission#GG135479
Expires:August17,2021'%?,§,§§'f§°‘§\*BondedthruAaronNotary
EXHIBIT “A”TO EASEMENT
LEGAL DESCRIPTION OF PARENT PARCEL
The “Vista Lago”Subdivision recorded at Plat Book 175,Page 18 of the Public Records of
Miami-Dade County,Florida.
EXHIBIT “B”TO EASEMENT
LEGAL DESCRIPTION
Tract(s):of
According to the plat thereof as recorded in Plat Book at Page of the
Public Records of Miami-Dade County.
RESOLUTIONNO.2020-121-3519
A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OFMIAMIGARDENS,FLORIDA,EXPRESSING SUPPORT FOR
THE CREATIONOF VISTA LAGO DORMANTMULTIPURPOSE
MAINTENANCESPECIAL TAXINGDISTRICTSPURSUANTTOCHAPTER18OFTHECODEOFMIAMI-DADECOUNTY;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDINGFOR AN EFFECTIVEDATE.
WHEREAS,the owners of the property within the geographic boundaries of theCityofMiamiGardens(the “City”)as legally described in Exhibit “A”(the “Property”)have petitioned Miami-Dade County (the “County”)to establish two dormant specialtaxingdistrictsforthepurposeofprovidingmultipurposemaintenanceservices,and
WHEREAS,the special taxing districts would fund lake,landscaping,fence,andgatemaintenancefortheVistaLagocommunityintheeventofafailureofoneormore
homeowners’associations to maintain the Property,and
WHEREAS,the special taxing districts would ensure that the Vista Lagodevelopmentremainswell-maintained at the sole cost of the owners within thedevelopment,and
WHEREAS,the special taxing districts would impact only the owners within thePropertyandwillnotimposeaburdenonanyotherpropertyownersortheCity,and
WHEREAS,the proposed dormant multipurpose special taxing districts are
located entirely within the City,and
WHEREAS,the City hereby expresses its support of the establishment of theVistaLagoMultipurposeMaintenanceSpecialTaxingDistricts,and
WHEREAS,the next steps in the process are for the Board of CountyCommissionerstoestablishtheVistaLagoMultipurposeMaintenanceSpecialTaxingDistrict,
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF MIAMIGARDENS,FLORIDAAS FOLLOWS:
Section 1.ADOPTION OF REPRESENTATIONS:The foregoing “Whereas”clauses are hereby ratified and confirmed as being true and correct and are hereby
made a specific part of this Resolution upon adoption thereof.
Section 2.AUTHORIZATION:The City Council of the City of Miami GardensherebyexpressesitsdesireforMiami-Dade County to create the Vista Lago
Multipurpose Maintenance Special Taxing Districts in accordance with Chapter 18 of the
Miami-Dade County Code.
Section 3.INSTRUCTIONS TO CITY CLERK:The City Clerk is hereby directed
to send a certified copy of this Resolution to the Miami-Dade County Board of County
Commissioners.
Section 4.EFFECTIVE DATE:This resolution shall become effective upon the
date of its passage and adoption herein.
PASSED AND ADOPTED BYTHE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS SPECIAL VIRTUALMEETING HELD ON OCTOBER 14,2020.
OLIV ILBERT,III,MAYOR
MARIO BATAILLE,CMC,CI CLERK
PREPARED BY:SONJA KNIGHTON DICKENS,CITY ATTORNEY
SPONSORED BY:CAMERON D.BENSON,CITY MANAGER
Moved by:Councilman Stephens
Seconded by:Councilman Leon
VOTE:6-0
Mayor Gilbert Not Present
Vice Mayor/Councilman Harris Yes
Councilwoman Campbell Yes
Councilman Leon Yes
Councilwoman Wilson Yes
Councilman Williams Jr.Yes
Councilman Stephens,lll Yes
Page 2 of 2
Resolution No.2020-121-3519
RESOLUTION NO. 2020-121-3519
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, EXPRESSING SUPPORT FOR
THE CREATION OF VISTA LAGO DORMANT MULTIPURPOSE
MAINTENANCE SPECIAL TAXING DISTRICTS PURSUANT TO
CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owners of the property within the geographic boundaries of the
City of Miami Gardens (the "City") as legally described in Exhibit "A" (the "Property")have petitioned Miami-Dade County (the "County") to establish two dormant special
taxing districts for the purpose of providing multipurpose maintenance services, and
WHEREAS, the special taxing districts would fund lake, landscaping, fence, and
gate maintenance for the Vista Lago community in the event of a failure of one or more
homeowners' associations to maintain the Property, and
WHEREAS, the special taxing districts would ensure that the Vista Lago
development remains well-maintained at the sole cost of the owners within the
development, and
WHEREAS, the special taxing districts would impact only the owners within the
Property and will not impose a burden on any other property owners or the City, and
WHEREAS, the proposed dormant multipurpose special taxing districts are
located entirely within the City, and
WHEREAS, the City hereby expresses its support of the establishment of the
Vista Lago Multipurpose Maintenance Special Taxing Districts, and
WHEREAS, the next steps in the process are for the Board of County
Commissioners to establish the Vista Lago Multipurpose Maintenance Special TaxingDistrict,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MIAMI
GARDENS, FLORIDA AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing "Whereas"
clauses are hereby ratified and confirmed as being true and correct and are hereby
made a specific part of this Resolution upon adoption thereof.
Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens
hereby expresses its desire for Miami-Dade County to create the Vista Lago
Multipurpose Maintenance Special Taxing Districts in accordance with Chapter 18 of the
Miami-Dade County Code.
Section 3. INSTRUCTIONS TO CITY CLERK: The City Clerk is hereby directed
to send a certified copy of this Resolution to the Miami-Dade County Board of County
Commissioners.
Section 4. EFFECTIVE DATE: This resolution shall become effective upon the
date of its passage and adoption herein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS SPECIAL VIRTUAL MEETING HELD ON OCTOBER 14, 2020.
OLIVE(
fic
ERT, III, MAYOR
ATTEST:
V ( btit,j/(
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER
Moved by: Councilman Stephens
Seconded by: Councilman Leon
VOTE: 6-0
Mayor Gilbert Not Present
Vice Mayor/Councilman Harris Yes
Councilwoman Campbell Yes
Councilman Leon Yes
Councilwoman Wilson Yes
Councilman Williams Jr. Yes
Councilman Stephens, Ill Yes
Page 2 of 2
Resolution No. 2020-121-3519
1 RESOLUTION NO. 2021____
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
5 MIAMI GARDENS, FLORIDA, AGREEING TO BECOME
6 RESPONSIBLE FOR THE VISTA LAGO MULTIPURPOSE
7 MAINTENANCE SPECIAL TAXING DISTRICT – NORTH IF ANY
8 ASSOCIATION AND/OR COMMUNITY DEVELOPMENT
9 DISTRICT (CDD) FAILS TO PROVIDE THE REQUIRED
10 MAINTENANCE; PROVIDING FOR INSTRUCTIONS; PROVIDING
11 FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
12 FOR AN EFFECTIVE DATE.
13
14
15 WHEREAS, Vista Lago is a residential community currently under construction to
16 be developed with a mix of townhomes, condominiums and apartments located at 502
17 NW 207th Street in Miami Gardens, and
18 WHEREAS, a Homeowner Association (HOA) was established to ensure the
19 ongoing maintenance and upkeep of the common areas of the development, and
20 WHEREAS, on October 14, 2020, the City Council approved resolution #2020-
21 121-3519, in support of the Vista Lago Community creating Multipurpose Maintenance
22 Special Taxing Districts pursuant to Chapter 18 of the Code of Miami-Dade County, see
23 attached hereto as Exhibit “A,” and
24 WHEREAS, Miami-Dade County now requires the developer to have a City
25 Resolution providing the City will agree to take responsibility for the Districts described
26 on the cover memo herein attached until any association or community development
27 district (CDD) fails to provide the required maintenance services under Chapter 18 of
28 the code on Miami-Dade County, and
29 WHEREAS, this process would allow the City to take over the Special Taxing
30 Districts and collect funds through the tax roll to maintain the common areas of the
31 development, and
2
32 WHEREAS, staff recommends City Council approve the Resolution for the City to
33 become responsible for the Vista Lago Community Multipurpose Maintenance Special
34 Taxing District- North if any association or community development district (CDD) fails
35 to provide the required maintenance services.
36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
37 OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
38 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing “WHEREAS”
39 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
40 made a specific part of this Resolution.
41 Section 2: APPROVAL: The City Council approves the Resolution for the City
42 to become responsible for the Vista Lago Community Multipurpose Maintenance
43 Special Taxing District- North if any association or community development district
44 (CDD) fails to provide the required maintenance services.
45 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately
46 upon its final passage.
47 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
48 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2021.
49
50 ___________________________________
51 RODNEY HARRIS, MAYOR
52
53
54
55 ATTEST:
56
57
58 __________________________________
59 MARIO BATAILLE, CITY CLERK
60
61
3
62 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
63
64
65 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER
66
67 Moved by: __________________
68
69 VOTE: _________
70
71 Mayor Rodney Harris ____ (Yes) ____ (No)
72 Vice Mayor Reggie Leon ____ (Yes) ____ (No)
73 Councilwoman Shannon Campbell ____ (Yes) ____ (No)
74 Councilwoman Shannan Ighodaro ____ (Yes) ____ (No)
75 Councilwoman Linda Julien ____ (Yes) ____ (No)
76 Councilman Robert Stephens, III ____ (Yes) ____ (No)
77 Councilwoman Katrina Wilson ____ (Yes) ____ (No
78
79