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HomeMy WebLinkAbout2021-070-3625_-_Vista_Lago_South_-_Adopted.docxRESOLUTION NO. 2021-070-3625 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 DISTRICT – SOUTH IF ANY ASSOCIATION AND/OR COMMUNITY DEVELOPMENT DISTRICT (CDD) FAILS TO PROVIDE THE REQUIRED MAINTENANCE; 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 a 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 Exhibit “B” until any association or community development district (CDD) fails to provide the required maintenance services under Chapter 18 of the code on 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 and be able to maintain the areas, and WHEREAS, staff recommends City Council approve the Resolution for the City to become responsible for the Vista Lago Community Multipurpose Maintenance Special Taxing District – South if any association or community development district (CDD) fails to provide the required maintenance services. 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. 2021-070-3625 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 – South if any association or community development district (CDD) fails to provide the required maintenance services. 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 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 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 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’! OL.Arv|ID\-Ar Dom I1~S(acL6L.. (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 ' MyCommission expires: .~x‘\‘l¢‘tf«'.Y'.'f*4.é/2%,,’ClaudiaDominguez Commission#GG135479 "-.5*Expires:August17,2021 °5Zf§br'rt\“@‘BondedthruAaronNotaryHIIII 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) C,L_.P(VtD\A"D<OM_(N((Print,type or stamp name of notary public) §~\*{v‘e‘Wit'x’,§;/3,,’ClaudiaDominguezQCommission#GG135479 5.,5 Expires:August17 2021/,9 ._'_‘_.$3 1:%?os;rx<53§~*BondedthruAaronNotary 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: \_\~§Q_$.‘€\5l.'l°‘.f_},§“<,/4,,ClaudiaDominguez Commission#GG135479 _.-‘.5Expires:August17.2021 /,,//,";"‘;;\;<\i\‘§,sBondedihruAaronNotaryll ‘mun$6’ 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 My Commission expires:A/mg u,5—r—47,33 ZJ CLLAvti>\A—Zi>0MII~XGuL&'2_ (Print,Type or Stamp Commissioned Name of Notary Public) ~*e,fl'.‘i‘:é;g}//9,,ClaudiaDominguez Commission#GG135479,,..__Expires:August17,2021 ”’?,’Fb%‘f§\\\\~*BondedthruAaronNotary 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 My Commission expires: CDl.JrwD\A'‘pa M ru.cor/—c’2» (Print,Type or Stamp Commissioned Name of Notary Public) »)$¥‘_x\_{'.|'_F‘_;/:2{//,’ClaudiaDominguez Commission#GG135479 §“"=,.:5Expires:August17,2021 BondedthruAaronNotary 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: QLA/vupmr ‘x>oMn~x(M,¢e-2.. (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 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’! OL.Arv|ID\-Ar Dom I1~S(acL6L.. (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 ' MyCommission expires: .~x‘\‘l¢‘tf«'.Y'.'f*4.é/2%,,’ClaudiaDominguez Commission#GG135479 "-.5*Expires:August17,2021 °5Zf§br'rt\“@‘BondedthruAaronNotaryHIIII 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) C,L_.P(VtD\A"D<OM_(N((Print,type or stamp name of notary public) §~\*{v‘e‘Wit'x’,§;/3,,’ClaudiaDominguezQCommission#GG135479 5.,5 Expires:August17 2021/,9 ._'_‘_.$3 1:%?os;rx<53§~*BondedthruAaronNotary 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: \_\~§Q_$.‘€\5l.'l°‘.f_},§“<,/4,,ClaudiaDominguez Commission#GG135479 _.-‘.5Expires:August17.2021 /,,//,";"‘;;\;<\i\‘§,sBondedihruAaronNotaryll ‘mun$6’ 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 My Commission expires:A/mg u,5—r—47,33 ZJ CLLAvti>\A—Zi>0MII~XGuL&'2_ (Print,Type or Stamp Commissioned Name of Notary Public) ~*e,fl'.‘i‘:é;g}//9,,ClaudiaDominguez Commission#GG135479,,..__Expires:August17,2021 ”’?,’Fb%‘f§\\\\~*BondedthruAaronNotary 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 My Commission expires: CDl.JrwD\A'‘pa M ru.cor/—c’2» (Print,Type or Stamp Commissioned Name of Notary Public) »)$¥‘_x\_{'.|'_F‘_;/:2{//,’ClaudiaDominguez Commission#GG135479 §“"=,.:5Expires:August17,2021 BondedthruAaronNotary 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: QLA/vupmr ‘x>oMn~x(M,¢e-2.. (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