HomeMy WebLinkAboutExhibitFolio Nos: 01-0101-010-2030; 01-0101-010-2031
Document prepared by:
Office of City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 3 313 0-19 10
Return Recorded Copy to:
City of Miami
Office of Zoning, Attn.: Zoning Administrator
444 S.W. 2nd Avenue, 2nd Floor
Miami, FL 33130-1910
Folio Nos: 01-0101-010-2030; 01-0101-010-2031
Reserved for Recording
COVENANT IN LIEU OF
UNITY OF TITLE
KNOW ALL MEN BY THESE PRESENT that the undersigned, Miami -Dade County, a
political subdivision of the State of Florida (hereinafter, the "County") and the City of Miami
(the "City"; and together with the County, the "Parties"), hereby make, declare, and impose on
the land herein described, this Covenant in Lieu of Unity of Title (this "Declaration"), and the
covenants running with the title to the land contained herein, which shall be binding on the
County, the City, and all of their respective heirs, grantees, successors, assigns, personal
representatives, and upon all mortgagees, lessees, and all others presently or in the future
claiming any interest in the Property (as defined herein), as described below.
WHEREAS, Miami -Dade County, a political subdivision of the State of Florida (the
"County") is the fee simple owner of that certain property located at 800 NW 5"' Avenue (Folio
No. 01-0101-010-2030), located in Miami, Florida more particularly described on Exhibit "A"
attached hereto and incorporated herein (the "County Property"); and
WHEREAS, the City of Miami (the "City") is the fee simple owner of that certain property
located at 500 NW 8th Street (Folio No. 01-0101-010-2031), located in Miami, Florida, more
particularly described on Exhibit "B" attached hereto and incorporated herein (the "City
Property"); and
WHEREAS, the County Property and the City Property are collectively referred to herein as
the "Property", as more particularly described on the Sketch and Legal Composite included as
Exhibit "C"; and
Rev. 7/2020
Folio Nos: 01-0101-010-2030; 01-0101-010-2031
WHEREAS, the County and the City are executing this Declaration to unify the Property
solely for zoning purposes in connection with the construction of a new affordable housing
development(s) consisting of multifamily residential units and ancillary amenities.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties hereby agrees as follows:
1. Recitals. The above recitals and findings set forth preamble of this Declaration are true
and correct and are hereby adopted by reference and incorporated herein as if fully set forth in this
Section.
2. Use of Property. The Parties hereby agree and declare that (i) for the purpose of this
Declaration, the Property shall be considered as one plot and parcel of land, and (ii) so Iong as
this instrument shall remain in effect, any and all conveyances or transfers of all or any portion of
the Property by the Parties, their heirs, grantees, successors, assigns, or personal representatives
shall be subject to the terms and restrictions of this Declaration as if any such heir, grantee,
successor, assign, or personal representative were a party hereto or a signatory hereof.
3. Term of Declaration. The provisions of this Declaration shall become effective upon
their recordation in the Public Records of Miami -Dade County, Florida, 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 often (10) years each, unless released in writing by
the (i) then owner(s) of the Property (or if any portion of the Property has been submitted to the
condominium form of ownership, then by the association established to operate the condominium
in lieu of all of the owners thereof) AND (ii) the Zoning Administrator and Directors of the
Departments of Resilience and Public Works, Planning, and Building of the City of Miami, subject
to the approval of the City Attorney as to legal form and correctness, or their respective designees
or successors, upon the demonstration and affirmative finding that the same is no longer necessary
to preserve and protect the Property for the purposes herein intended.
4. Covenant Running with the Land. This Declaration, once approved for legal form and
sufficiency by the City Attorney, and accepted by the City of Miami, or the respective designees,
shall run with the land and be binding upon the heirs, grantees, successors, personal representatives
and assigns, and upon all owners, future owners, mortgagees, lessees and others presently or in the
future having any interest in the Property.
5. Amendments, Modifications, Releases. The provisions of this Declaration may be
amended, modified, or released by a written instrument executed by the (i) then owner(s) of the
Property (or if any portion of the Property has been submitted to the condominium form of
ownership, then by the association established to operate the condominium in lieu of all of the
owners thereof) and (ii) the Zoning Administrator and Directors of the Departments of Resilience
and Public Works, Planning, and Building of the City of.lVliami, subject to the approval of the City
Attorney as to legal form and correctness, or their respective designees or successors upon the
demonstration and affirmative finding that the Covenant is no longer necessary to preserve and
protect the Property for the purposes herein intended. All amendments, modifications, or releases
of this Declaration shall be executed in the manner enumerated in this section and shall be recorded
Rev. 7/2020
Polio Nos: 01-0101-010-2030; 01-0101-010-2031
in the Public Records of Miami -Dade County, Florida in order for the amendment, modification,
or release to be valid and effective.
6. Inspection and Enforcement. It is understood and agreed that any official inspector
of the City of Miami may have the right at any time during normal business hours to enter upon
the Property for the purpose of investigating the use of the Property and for determining whether
the conditions of this Declaration are being complied with. Enforcement of this Declaration shall
be by action against the parties to this Declaration or persons violating or attempting to violate any
covenants in this Declaration or the then owner(s) at the time the violation is committed. This
enforcement provision shall be in addition to any other remedies available at law, in equity, or
both. The violations may also be enforced by City Code, Chapter 2, Article X, titled Code
Enforcement.
7. Seve_rability. Invalidation of any of these covenants by judgment of a court shall not
affect any of the other provisions, which shall remain in full force and effect.
8. Cumulative and Waiver. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute
an election of remedy, nor shall it preclude the party exercising the same from exercising such
other additional rights, remedies, or privileges as may be available to it.
9. Declaration Binding on Subsequent Owners. In the event of multiple ownership
subsequent to the approval of this Declaration, each of the subsequent owners shall be bound by
the terms, provisions, and conditions of this Declaration. Further, except for sales to condominium
owners, the Parties agree that they will not convey portions of the subject Property to such other
parties unless and until the owners and such parties shall have executed and mutually delivered, in
recordable form an instrument to be known as an "easement and operating agreement" which shall
include, but is not limited to, and solely to the extent applicable:
(i) Easements in the common area of each parcel for ingress to and
egress from the other parcels;
(ii) Easements in the common area of each parcel for the passage
and parking of vehicles;
(iii) Easements in the common area of each parcel for the passage
and accommodation of pedestrians;
(iv) Easements for access roads across the common area of each
parcel to public and private roadways;
(v) Easements for the installation, use, operation, maintenance,
repair, replacement, relocation, and removal of utility facilities in
appropriate areas in each such parcel;
Rev. 7/2020
Folio Nos: 01-0101-010-2030; 01-0101-010-2031
(vi) Easements on each such parcel for construction of buildings and
improvements in favor of each such other parcel;
(vii) Easements upon each such parcel in favor of each adjoining
parcel for the installation, use, maintenance, repair, replacement,
and removal of common construction improvements such as
footing, supports, and foundations;
(viii) Easements on each parcel for attachment of buildings;
(ix) Easements on each parcel for building overhangs and other
overhangs and projections encroaching upon such parcel from
adjoining parcel such as, by way of example, marquees, canopies,
lights, lighting devices, awnings, wing walls, and the like;
(x) Appropriate reservation of rights to grant easements to utility
companies;
(xi) Appropriate reservation of rights to road rights -of. -way and curb
cuts;
(xii) Easements in favor of each such parcel for pedestrian and
vehicular traffic over dedicated private ring roads and access roads;
(xiii) Appropriate agreements between the owners of the several
parcels as to the obligation to maintain and repair all private
roadways, parking facilities, common areas, common facilities, and
the like; and
The "Easement and Operating Agreement" shall be recorded by the County and a copy
furnished to the Zoning Administrator and Directors of the Departments of Resilience andPublic
Works, Planning, and Building of the City of Miami, or their respective designees or successors.
These instruments or portions may be not be necessary if they are inapplicable to the subject
Property. Such provision may be modified or amended by such parties (or the applicable
association governing such parties) without approval or joinder by the directors, or their
designees, if it will beconstructed, conveyed and operated in accordance with an approved site
plan.
10o Counterparts/EIectronic Signature. This Declaration may be executed in any
number of counterparts, each of which so executed shall be deemed to be an original, and such
counterparts shall together constitute but one and the same Declaration. The parties shall be
entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF
or other email transmission), which signature shall be binding on the party whose name is
contained therein. Any party providing an electronic signature agrees to promptly execute and
deliver to the other parties an original signed Declaration upon request.
Rev. 7/2020
Folio Nos: 01-0101-010-2030; 01-0101-010-2031
11. Recordation. This Declaration will be e-recorded by the City of Miami, at the
Owner's expense, in the public records of Miami -Dade County, Florida upon full execution.
[Signature Page(s) to Follow]
Rev. 712020
Folio Nos: 01-0101-010-2030; 01-0101-010-2031
Signed, witnessed, executed and acknowledged this day of , 2022
WITNESSES: Public Housing and Community Development
Department, an Agency of Miami -Dade
County
Print Name:
Print Name:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
By: _
Name:
Title:
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization this day of , 2022 by , as
, of Miami -Dade County Public Housing and Community Development
Department. Personally Known ❑ or Produced Identification[].
Type of Identification Produced
Print or Stamp Name: _
Notary Public, State of
Commission No.:
My Commission Expires:
Rev. 7/2020
Folio Nos: 01-0101-010-2030; 01-0101-010-2031
Signed, witnessed, executed and acknowledged this day of , 2022.
Witnesses: City of Miami, a municipal corporation of the
State of Florida
Signature:
Print Name:
Signature:
Print Name:
STATE OF FLORIDA)
) SS
COUNTY OF
go
Name: Arthur Noriega V.
Title: City manger
Attested:
Todd B. Hannon, City Clerk
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization this day of , 2022, by Arthur Noriega V., City Manager of
the City of Miami, a municipal corporation of the State of Florida and attested by Todd B. Hannon,
City Clerk. Each personally known or Produced Identification
Type of Identification Produced
Print or Stamp Name: _
Notary Public, State of
Commission No.:
My Commission Expires:
Rev. 712020
Folio Nos: 01-0101-010-2030; 01-0101-010-2031
CITY OF MIAMI:
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
VICTORIA MENDEZ, ESQ.
City Attorney
/_\90r 100111�
CESAR GARCIA-PONS, AICP, LEED,AP
Director of Planning
APPROVED:
JUVENAL SANTANA, P.E, CFM
Director
Department of Resilience and Public Works
APPROVED:
DANIELS. GOLDBERG, ESQ.
Zoning Administrator
APPROVED:
ASAEL MARRERO, RA, RID, AIA, ICC
Director
Building Department
Rev. 7/2020
Folio Nos: 01-0101-010-2030; 01-0101-010-2031
EXHIBIT A
COUNTY PROPERTY LEGAL DESCRIPTION
Legal:
Also known: 800 NW 51h Ave, Miami Florida
Folio:01-0101-010-2030
Rev. 7/2020
Folio Nos: 01-0101-010-2030; 01-0101-010-2031
EXHIBIT "B"
CITY OF MIAMI PROPERTY LEGAL DESCRIPTION
Legal:
Also known: 500 NW 8"' ST, Miami Florida
Folio: 01-0101-010-2031
Rev. 712020
Folio Nos: 01-0101-010-2030; 01-0101-010-2031
EXHIBIT "C»
PROPERTY LEGAL DESCRIPTION
Folio: 01-0101-010-2030; 01-0101-010-2031
Sketch and Legal
Rev. 7/2020