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2017-204-3309 - Lakeside TownhomesRESOLUTION NO. 2017-204-3309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THAT CERTAIN SECOND AMENDMENT TO DECLARATION OF RESTRICTIONS ATTACHED HERETO AS EXHIBIT "A," RELATING TO THE LAKESIDE TOWNHOMES PROJECT; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 16^*^, 2005, a Declaration of Restrictions was recorded in Official Records Book (ORB) 24058 at Page 2539 of the Public Records of Miami- Dade County regarding the development approval of the Lakeside Townhomes project, and WHEREAS, the original Declaration included various maintenance Restrictions and a prohibition on renting or leasing of townhomes within the property, and WHEREAS, on December 19*'^, 2008, an Amended Declaration of Restrictions was recorded in ORB 26692 at Page 1769, of the Public Records of Miami-Dade County, Florida, and WHEREAS, the Amended Declaration modified the leasing and renting prohibitions to permit lease/purchase agreements until 2011, after which time no new lease/purchase agreements could be entered into, and WHEREAS, the current owner, SHE 60, LLC., along with the Lakeside Homeowner's Association is seeking to amend the Declarations of Restrictions, recorded in ORB 24058 at Page 2539 and ORB 26692 at Page 1769 of the Public Records of Miami-Dade County, to allow leasing of units for a minimum of one hundred and eighty (180) days. Resolution No. 2017-204-3309 Page 1 WHEREAS, Staff recommends that the City Council accepts the amendment to the Declaration of Restrictions in accordance with the request, 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. Section 2: ACCEPTANCE OF DECLARATION: The City Council of the City of Miami Gardens hereby accepts that Second Amendment to Declaration of Restrictions attached hereto as Exhibit "A," relating to the Lakeside Townhomes project. Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby directed to record the Second Amendment to Declaration of Restrictions upon execution. 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 DECEMER 13, 2017. OLIVER GILBERT, III, MAYOR ATTEST: )NETTA TAYLOR?, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY Resolution No. 2017-204-3309 Page 2 SPONSORED BY; OLIVER GILBERT, III Moved by: Vice Mayor Ighodaro Seconded by: Councilwomen Odom and Davis VOTE: 7-0 Mayor Oliver Gilbert, III _x_(Yes) (No) Vice Mayor Erhabor Ighodaro, Ph.D. x (Yes) (No) Councilwoman Lisa C. Davis _x_ (Yes) (No) Councilman Rodney Harris x (Yes) (No) Councilwoman Lillie Q. Odom _x_ (Yes) (No) Councilwoman Felicia Robinson _x_ (Yes) (No) Councilman David Williams Jr _x_ (Yes) (No Resolution No. 2017-204-3309 Page 3 18605 NW 27th Avenue Miami Gardens, Florida 33056 ADD ON ITEM City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 13th, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No Funding Source: (Enter Fund & Dept.) Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: (Enter #) X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: N/A X Sponsor Name: Oliver G. Gilbert III, Mayor Department: Development Services Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THAT CERTAIN SECOND AMENDMENT TO DECLARATION OF RESTRICTIONS ATTACHED HERETO AS EXHIBIT “A,” RELATING TO THE LAKESIDE TOWNHOMES PROJECT; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background On December 16th, 2005, a Declaration of Restrictions was recorded in the Public Records of Miami Dade County, Florida, Book 24058, Page 2539 regarding the development approval of the Lakeside Townhomes project. The original Declaration included various maintenance Restrictions and a prohibition on renting or leasing of townhomes within the property. On December 19th, 2008, an amended Declaration of Restrictions was recorded in the Official Records Book 26692, Page 1769, of the Public Records of Miami-Dade County, Florida. The Amended Declaration modified the Lakeside Townhomes (PZ-2017-002174) Amended Declaration of Restrictions 2017 leasing and renting prohibitions to permit lease/purchase agreements until 2011, after which time no new lease/purchase agreements could be entered into. Current Situation The Lakeside Townhomes Homeowners Association (HOA), Inc. and SHE 60, LLC are seeking to amend the covenants of the Declaration of Restrictions recorded in O.R.B. 24058, Page 2539 and O.R.B 26692, Page 1769 as follows:  Restrictive covenant number three (3), Maintenance Restrictions of the Declaration of Restrictions. The request to amend item 3 (xv) “to limit renting and leasing to a minimum term of one hundred and eighty (180) consecutive days as to the units owned by the Owner, located on the property.” The Declaration of Restrictions was proffered at a Public Hearing to the City Council; therefore, it must be released and/or amended by action of the City Council. The purpose of the request is to permit the applicant to amend the existing Declaration of Restrictions in order to allow leasing of units for a minimum of 180 days. Proposed Action: Recommend adoption of the Resolution. Attachments: Exhibit “A” – Proposed Amendment Exhibit “B” – Declaration of Restrictions recorded in O.R.B.24058, Page 2539 and O.R.B. 26692, Page 1769 Exhibit “C” – Resolution No. 2008-213-901-Z-82