HomeMy WebLinkAboutR-01-0125J-01-08
2/1/01
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RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING A WARRANTY DEED, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO AS
"EXHIBIT A" (THE "DEED"), FROM SWIRE PACIFIC
HOLDINGS, INC., A DELAWARE CORPORATION, SWIRE
BRICKELL THREE INC., A FLORIDA CORPORATION, AND
SWIRE BRICKELL KEY HOTEL, LTD., A FLORIDA LIMITED
PARTNERSHIP, (COLLECTIVELY THE "DEVELOPER"), FOR
THE CONVEYANCE OF APPROXIMATELY 20,325 SQUARE
FEET OF REAL PROPERTY, MORE PARTICULARLY
DESCRIBED IN THE DEED (THE "PROPERTY"), TO BE
USED FOR PUBLIC PARK PURPOSES, SAID CONVEYANCE TO
BE SUBJECT TO A DECLARATION OF COVENANTS,
RESTRICTIONS AND RESERVATIONS, IN SUBSTANTIALLY
THE FORM ATTACHED HERETO AS "EXHIBIT B", WHEREBY
THE DEVELOPER (1) RESERVES THE RIGHT TO IMPROVE
THE PROPERTY AS PART OF THE OVERALL DEVELOPMENT;
(2) RESERVES THE RIGHT TO USE THE PROPERTY IN
CONNECTION WITH THE DEVELOPMENT OF THE MARINA;
(3) RESERVES THE RIGHT TO USE THE PROPERTY FOR
UTILITY AND OTHER PERMANENT EASEMENTS AND
TEMPORARY CONSTRUCTION EASEMENTS; AND (4)
RESTRICTS THE USE OF THE PROPERTY; AUTHORIZING
THE CITY MANAGER TO EXECUTE A JOINDER TO THE
DECLARATION OF COVENANTS, RESTRICTIONS AND
RESERVATIONS, AND SUCH OTHER DOCUMENTS AND
AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, THAT MAY BE NECESSARY TO CONSUMMATE THE
ABOVE TRANSACTION; CONDITIONING SAID ACCEPTANCE
AND AUTHORIZATION UPON THE DEVELOPER PROVIDING
TITLE INSURANCE AND INDEMNIFYING AND PROTECTING
AND HOLDING THE CITY HARMLESS AS MORE
PARTICULARLY SET FORTH HEREIN.
ATT ACH ET
CONTAINED
CTl'Y C�t�M�i
FEB 0 8 2001
=,x°''25
WHEREAS, on February 12, 1975, the City Commission granted
a Development Order for the Claughton Island Project (the
"Development Order"); and
WHEREAS, the Development Order provides for the developer
of Claughton Island to convey to the City of Miami (the "City"),
develop and perpetually maintain 3.5 acres of real property to
be used for public park purposes; and
WHEREAS, Swire Pacific Holdings, Inc., a Delaware
corporation, Swire Brickell Three Inc., a Florida corporation,
and Swire Brickell Key Hotel, Ltd., a Florida limited
partnership, (collectively the "Developer") propose to convey
approximately 20,325 square feet of real property (the
"Property") to the City, as legally described in the Warranty
Deed, attached hereto as "Exhibit A", and to develop and
covenant to perpetually maintain such Property as a public park
in partial compliance with the requirements of the Development
Order; and
WHEREAS, the Developer will execute a Declaration of
Covenants, Restrictions and Reservations, in substantially the
form attached hereto as "Exhibit B" to provide for a reservation
of development rights, reservation of easements, and
restrictions on use; and
WHEREAS, the acceptance of the Warranty Deed for the
conveyance of the Property and the City Manager's authorization
Page 2 of 5
01- 125
to execute the Joinder are conditioned upon the Developer
providing title insurance in a form and amount acceptable to the
City Attorney, and indemnifying and protecting and holding the
City harmless, subject to review and approval by the City
Attorney, and as more particularly set forth herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Warranty Deed, in substantially the form
attached hereto as "Exhibit All, from Swire Pacific Holdings,
Inc., a Delaware corporation, Swire Brickell Three, Inc., a
Florida corporation, and Swire Brickell Key Hotel Ltd., a
Florida limited partnership, (collectively the "Developer") for
the conveyance of approximately 20,325 square feet of real
property to be used for public park purposes, as legally
described on such Warranty Deed, is accepted, said conveyance to
be subject to a Declaration of Covenants, Restrictions and
Reservations, in substantially the form attached hereto as
"Exhibit B", whereby the Developer: (1) reserves the right to
improve the Property as part of the overall development; (2)
reserves the right to use the Property in connection with the
development of the marina; (3) reserves the right to use the
Page 3 of 5 01— 125
Property for permanent utility and other easements and for
temporary construction easements; and (4) restricts the use of
the Property to that of a public park.
Section 3. The City Manager is authorizedil to execute a
Joinder to the Declaration of Covenants, Restrictions and
Reservations, and any other documents or agreements, in a form
acceptable to the City Attorney, necessary to consummate this
transaction.
Section 4. The herein acceptance of the Warranty Deed
and the City Manager's authorization to execute the Joinder as
set forth in Sections 2 and 3 hereinabove are conditioned upon
the Developer providing the following:
(1) title insurance, including environmental
endorsement, in a form and amount acceptable to
the City Attorney; and
(2) an agreement prepared by Developer's counsel,
subject to review and approval by the City
Attorney, indemnifying and protecting and holding
the City harmless against any and all expenses,
assessments, payment obligations and/or other
impositions which may be imposed and/or asserted
against the City as a result of any of the
"Special Exceptions" set forth in the opinion of
Title submitted to the City, provided that any
such expenses, assessments, payment obligations
and/or other impositions are not caused in whole
or in part by the negligent act or omission or
willful misconduct of the City, anyone directly
or indirectly employed by the City or anyone for
whose acts the City may be liable and against all
'-� The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but
not limited to those prescribed by applicable City Charter and Code
Provisions.
Page 4 of 5 01— 125
claims, damages, losses and expenses (including
reasonable attorneys' fees and court costs at
both trial and appellate levels) arising out of
or in connection with any environmental
contamination arising from Grantor's development
and/or operation of the Marina (as defined in the
Declaration), provided that any such claims,
damages, losses or expenses are not caused in
whole or in part by the negligent act or omission
or willful misconduct of the City, anyone
directly or indirectly employed by the City or
anyone for whose acts the City may be liable.
Section 5. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.�f
PASSED AND ADOPTED this 8th day of February , 2001.
JOE CAROLLO, MAYOR
tw ordance with Miami Code Sec. 2-36, since the M r did not indicate approval of
t a�rcc�tyAjg .:I:afion by siCjning it in the designated p!a p(rcvi�iA, said
, �lagistation rt v
b ti.+d. c -s. :ifffactive wilt! th-k7 e;apsa en ( ! l/) 5 'm lhe Ga a VlHl Ni�iclsiL{'!
1�t;g same, Without the Mayor[ ---x, n9 1/r l \ 1
ATTEST:
Walter I,, FoegW� Cit) Clerk
WALTER J. FOEMAN, CITY CLERK
APPR D A jT0 FOR14 AND CORRECTNESS :t/
ANORO VILARELLO
TY ATTO �Y�
W4938:ai :GMNt'BSS
ai If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
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CITY OF MIAMI
OPINION OF TITLE
To: CITY OF MIAMI, a political subdivision of the State of Florida.
With the understanding that this opinion of title is furnished to the CITY OF MIAMI, FLORIDA, as an
inducement for acceptance of a deed and declaration affecting the real property hereinafter described, it is
hereby certified that we have examined (collectively, the "Title Evidence"): (i) Lawyer's Title Insurance
Corporation's Title Policy No. 136-00-979244 having an effective date of January 16, 1997 at 4:00 p.m., (ii)
Lawyer's Title Insurance Corporation's Title Policy No. 135-00-002085 having an effective date of April 17,
1998 at 12:27 p. m. and (iii) Lawyer's Title Insurance Corporation's Chain of Title Report covering the period
from the BEGINNING through December 15, 2000 at 8:00 a.m. of the following described real property
(collectively, the "Property"). Together, the Title Evidence covers the period from the BEGINNING to
December 15, 2000 at 8:00 a.m. with respect to the following described real property(the "Property"):
SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF
Basing our opinion solely on our review of the Title Evidence, we are of the opinion that on the last
date mentioned above, the fee simple title to the Propertywas vested in:
SW1RE PACIFIC HOLDINGS INC., a Delaware corporation
- and -
SW1RE BRICKELL THREE INC., a Florida corporation
- and -
SWIRE BRICKELL KEY HOTEL, LTD., a Florida limited partnership
Subject to the following liens, encumbrances, and other exceptions:
GENERAL EXCEPTIONS
(i) All taxes and/or special assessments for the year in which this opinion is rendered, unless noted
below that such taxes have been paid_
(ii) Rights of persons other than the above owners who are in possession.
(iii) Facts that would be disclosed upon accurate survey.
(iv) Any unrecorded labor, mechanics'or materialmen'sliens.
(v) Zoning and other restrictions imposed by govemmental authority.
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SPECIAL EXCEPTIONS
1. Declaratior of Easement recorded in Official Records 11186, at Page 1495, as amended by
Amendmentto Declarationof Easement recorded in Official Records 13742, at Page 1514.
2. Easement(s) granted to Miami Dade Water and Sewer Authority recorded in Official Records
11569, at Page 726.
3. Agreement for construction of sewage facilities and furnishing of sanitary sewage service by
Miami -Dade Water and Sewer Authority recorded in Official Records 10500, at Page 1237.
4. Agreement for construction of water facilities and furnishing of water service by Miami -Dade
Water and Sewer Authority recorded in Official Records 10500, at Page 1211.
5. Agreement recorded in Official Records 7442, at Page 373, as amended by Amendment to Bridge
Agreement recorded in Official Records 10746, at Page 1092, and further amended by Second
Amendmentto Bridge Agreement recorded in Official Records 11288, at Page 2136.
6. Authorization for Disposal Well Use recorded in Official Records 11275, at Page 219.
7. Maintenance Agreement recorded in Official Records 11288, at Page 2146.
8. Bridge Agreement recorded under Clerk's File No. 71 R-228001, amended by instrument(s) recorded
under Clerk's File No. 80R-129292 and Clerk's File No. 81 R-310903.
9_ Water & Sewer Agreement recorded in Official Records 12696, Page 2911, amended in Official
Records 13322, at Page 2886 and Official Records 13454, at Page 443.
10. Agreement Re: Zoning recorded in Official Records 10281, at Page 1650.
11. Agreement Re. Construction Access recorded in Official Records 12230, at Page 805, as amended
in Official Records 13742, at Page 1507 and Official Records 14648, at Page 1412.
12. Agreement Re: Access, Utility Connection and Foundation Easement recorded in Official Records
12230, at Page 820, amended in Official Records 13742, at Page 1480 and Official Records 14648,
at Page 1423.
13. First Amendment to Staging Site Easement Agreement recorded in Official Records 14648, at Page
1464.
14. Agreements for construction of water and sewer facilities recorded in Official Records 12586, at
Page 2412 and Official Records 12586, at Page 2387, amended in Official Records 13379, at Page
1831: Official Records 13379, at Page 1836; Official Records 13551, at Page 2926; Official Records
13551, at Page 2930; Official Records 14385, at Page 21; Official Records 14385, at Page 26;
Official Records 15978, at Page 3370; Official Records 15978, at Page 3381, Official Records
16685, at Page 1296 and Official Records 18927, at Page 2586.
15. Agreements for construction of water facilities and furnishing of water service by Miami -Dade water
and Sewer Authority recorded in Official Records 12586, at Page 2438, amended in Official Records
13481, at Page 25; Official Records 14484, at Page 3639; Official Records 14815, at Page 2609;
Official Records 16037, at Page 360 and Official Records 15582, at Page 2904.
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16. Agreements for construction of sewage facilities and furnishing of sanitary sewage service by Miami -
Dade Water and Sewer Authority recorded in Official Records 12586, at Page 2464, amended in
Official Records 13481, at Page 29; Official Records 14484, at Page 3646; Official Records 14615,
at Page 2615; Official Records 15582, at Page 2882; and Official Records 16037, at Page 369.
17. Easement recorded under Clerk's File No. 65R-32661 in Official Records 4495, at Page 58
18. Dedication of Access for public road and bridge purposes recorded in Official Records 4508, at
Page 317.
19. Resolution No. 40529 recorded under Clerk's File No. 69R-64546 in Official Records 6356, at Page
512.
20. Easement recorded under Clerk's File No. 74R-134920 in Official Records 8702, at Page 1423.
21. Absolute Bill of Sale recorded in Official Records 9714, at Page 789.
22. Bridge Deed recorded in Official Records 10275, at Page 83.
23. Covenant recorded in Official Records 13577, at Page 3267.
24. Memorandum of Development Covenant recorded in Official Records 12230, at Page 883, as
amended by Memorandum of Amendment to Development Covenant recorded in Official Records
13742, at Page 1518 and Memorandum of Second Amendment to Development Covenant recorded
in Official Records 14648, at Page 1483, as assigned in Assignmentand Assumption of Developer's
Rights recorded in Official Records 13742, at Page 1608.
25. Restrictions and easements shown on Plats recorded in Plat Book 140, at Page 95 and Plat Book
133, at Page 16.
26. Restrictionsand Easements as shown on the Plat recorded in Plat Book 132, at Page 96.
27. Easements recorded in Official Records 14857, at Page 598 and Official Records 14857, at Page
591.
28. Encroachment Easement Declaration recorded in Official Records 13361, at Page 2245.
29, Declarationof Easement recorded in Official Records 11332, at Page 23.
30. Grantof Easementto Metropolitan Dade County recorded in Official Records 16082, at Page 2718.
31. Easement to Metropolitan Dade County recorded in Official Records 18016, at Page 2156,
32. Special Warranty Deed for Right -of -Way purposes recorded in Official Records 10275, at Page 86,
and restrictions and easements as set forth therein.
33. Reservation(s) in favor of the Trustees of the Internal Improvement Fund of the State of Florida
contained in the deed recorded in Deed Book 208, Page 183.
34. Easement(s) in favor of Peoples Gas Systems set forth in instrument(s) recorded in Official Records
14454, at Page 3024.
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35. Special Tax Resolutions: Re: Metromover recorded in Official Records 16478, at Page 1048 and
Official Records 16872, at Page 1634.
36. Resolutions Re: Metromover recorded in Official Records 17326, at Page 2605.
37. Restrictions and Easements as shown on the Plat of Brickell Key on Claughton Island Section One
recorded in Plat Book 113, at Page 28.
38. Declaration of Covenants, Restrictions and Easements for Brickell Key Section One recorded in
Official Records 11344, at Page 1181, all exhibits thereto and all amendments to any of the aforesaid
instruments recorded in Official Records 13742, at Page 1528; Official Records 13742, at Page
1536; Official Records 13742, at Page 1608; Official Records 14648, at Page 1276; Official Records
14648, at Page 1540 and Official Records 14648, at Page 1549. Further amended by instruments
recorded in Official Records 15521, at Page 2436; Official Records 15737, at Page 2211 and Official
Records 16363, at Page 971.
39. Declaration of Covenants, Restrictions and Easements for Brickell Key recorded in Official Records
11344, at Page 1257, all exhibits thereto and all amendments to any of the aforesaid instruments as
amended andlor assigned in Official Records 12230, at Page 764; Official Records 12230, at Page
690: Official Records 12230, at Page 781; Official Records 14641, at Page 701; Official Records
14648, at Page 1492; Official Records 14648, at Page 1516 and Official Records 14648, at Page
1540, as assigned in Official Records 14648, at Page 1504.
40. Restrictions and Easements as shown on the Plat of Brickell Key on Claughton Island Section Three
recorded in Plat Book 119, at Page 70.
41. Plat of Claughton Island Section Four recorded in Plat Book 149, at Page 100,
42. Any and all rights of the United States of America in and to navigable waters, or any portions which is
filled -in -land formerly within navigable waters, and any conditions contained in any permits
authorizing the filling-in of such land, as shown on that certain survey prepared by H.J. Ross
Associates, last dated September 12, 1985, Job No. NAA 80788-0.
43. Shared Facilities Agreement by and among Swire Pacific Holdings Inc., a Delaware corporation,
Swire Brickell One Inc, a Florida corporation, and Courts at Brickell, Inc., a Florida corporation
(f/k/a Swire Brickell Two Inc), dated July 25, 1997 and recorded July 28, 1997 in Official Records
17729, at Page 2010.
44. Temporary Access Easement given by Swire Pacific Holdings Inc., a Delaware corporation, in favor
of Courts at Brickell, Inc_, a Florida corporation (flk/a Swire Brickell Two Inc), dated July 25, 1997
and recorded July 28, 1997 in Official Records 17729, at Page 2056.
45. Water and Sewer Agreement recorded in Official Records 17772, at Page 592.
46. Easements recorded in Official Records 17490, at Page 524 and re-recorded in Official Records
17552, at Page 1369; Official Records 16767, at Page 3883; Official Records 17819, at Page 3462;
Official Records 1789, at Page 3423; and Official Records 16743, at Page 2378.
47. Renewal Mortgage, Security Agreement and Assignment of Leases and Rents executed by and
among Swire Pacific Holdings Inc., Swire Brickell One Inc. Swire Brickell Three Inc. and The
HongKong and Shanghai Banking Corporation Limited, dated March 27, 1998, recorded April 17,
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1998 in Official Records 18065, at Page 1914, as assigned by the Assignment of Mortgage executed
by the HongKong and Shanghai Banking Corporation Limited, a banking corporation organized
under the laws of the state of Hong Kong and Marine Midland Realty Credit Corporation, a Delaware
corporation, dated November 23, 1998, recorded December 23, 1998 in Official Records 18405, at
Page 1016, which renewed, without limitation, the Renewal Mortgage, Security Agreement and
Assignment of Leases and Rents executed by and among Swire Pacific Holdings Inc., Swire Brickell
One Inc, and The HongKong and Shanghai Banking Corporation Limited, dated February 4, 1994,
recorded March 2, 1994 in Official Records 16267, at Page 1692, as affected by the Mortgage
Joinder and SpreaderAgreement dated March 27, 1998, recorded April 9, 1998 in Official Records
18053, at Page 3470.
48. UCC -1 Financing Statement executed between Swire Brickell Three Inc. and The HongKong &
Shanghai Banking Corporation Limited, recorded April 17, 1998 in Official Records 18065, at Page
1956, as assigned to HSBC Realty Credit Corporation by UCC -3, recorded June 2, 2000, in Official
Records 19137, at Page 2164.
49. UCC -1 Financing Statement executed between Swire Pacific Holdings, Inc. and The HongKong &
Shanghai Banking Corporation Limited, recorded May 15, 1998 in Official Records 18105, at Page
4214, as assigned to HSBC Realty Credit Corporation by UCC -3, recorded June 2, 2000, in Official
Records 19137, at Page 2161.
50. Mortgage, Security Agreement and Assignment of Leases and Rents in favor of The HongKong &
Shanghai Banking Corporation Limited, recorded June 13, 1995 in Official Records 16813, at Page
4127, as assigned to Marine Midland Realty Credit Corporation, a Delaware corporation, by
instrument recorded in Official Records 18405, at Page 1019.
51. Plat of Brickell Key on Claughton Island Section Four recorded in Plat Book 153, at Page 58.
52. Mortgage, Assignment of Rents and Security Agreement executed by Swire Brickell Key Hotel, Ltd.,
a Florida limited partnership and Swire Brickell Three, Inc, a Florida corporation, dated October 1,
1998, recorded October 9, 19913 in Official Records 18307, at Page 2569, as affected by the
following:
a. Assignment of Mortgage and Other Loan Documents executed by Swire Brickell Three Inc.,
a Florida corporation in favor of Marine Midland Realty Credit Corporation, a Delaware
corporation, recorded April 1, 1999, in Official Records 18544, at Page 3079;
b. Mortgage Modification and Future Advance Agreement executed between Swire Brickell
Key Hotel, Ltd., a Florida limited partnership and Marine Midland Realty Credit Corporation,
a Delaware corporation, dated March 31, 1999, recorded April 1, 1999, in Official Records
18544, at Page 3081; and
C. Amended and Restated Mortgage, Security Agreement, Assignment of Leases and Rents
and Financing Statement given by Swire Brickell Key Hotel, Ltd., a Florida limited
partnership, in favor of Marine Midland Realty Credit Corporation, a Delaware corporation,
dated March 31, 1999, recorded April 1, 1999, in Official Records 18544, at Page 3089.
d. UCC -1 Financing Statement executed between Swire Brickell Key Hotel, Ltd, and Marine
Midland Realty Credit Corporation recordedApril 1, 1999, in Official Records 18544, at Page
3118.
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53. Agreement Regarding Parking and Development Rights executed by and among Swire Brickell One
Inc., a Florida corporation, Swire Pacific Holdings, Inc., a Delaware corporation and Swire Brickell
Key Hotel, Ltd., a Florida limited partnership, dated February 26, 1999, recorded March 10, 1999, in
Official Records 18512, at Page 277.
54. Declaration of Covenants Restrictions and Easements for Brickell Key, recorded in Official Records
12230, at Page 756, as affected by the Supplemental Declaration and Third Amendment to
Declaration of Covenants, Restrictions and Easements for Brickell Key, dated March 25, 1999,
recorded April 1, 1999, in Official Records 18544, at Page 3069.
55. UCC -1 Financing Statement executed between Swire Brickell Key Hotel, Ltd. and Marine Midland
Realty Credit Corporation recorded April 1, 1999, in Official Records 18544, at Page 3123.
56. Notice of Commencement recorded May 10, 1999, in Official Records 18600, at Page 3427.
57. Claim of Lien recorded June 30, 2000, in Official Records 19177, at Page 1616.
58. Easement(s) in favor of Florida Power and Light Company set forth in instrument recorded in Official
Records 12917, at Page 1114.
59. Easement(s) in favor of Florida Power and Light Company set forth in instruments) recorded in
Official Records 13749, at Page 310, partially released in Official Records 17077, at Page 884.
60. Easement to Florida Power and Light recorded in Official Records 17984, at Page 136.
61. Easement in favor of Florida Power & Light Company recorded January 7, 2000, in Official Records
18936, at Page 4281.
62. Easement Agreement executed between Swire Brickell Three Inc., a Florida corporation and Swire
Brickell Key Hotel, Ltd., a Florida limited partnership, dated October 17, 2000, recorded October24,
2000, in Official Records 19333, Page 4209.
63. Claim of Lien recorded October 26, 2000, in Official Records 19338, at Page 3514, as amended by
the Amended Claim of Lien recorded November8, 2000, in Official Records 19356, at Page 1465.
NOTE: ALL RECORDING REFERENCES HEREIN ARE TO THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA
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I, the undersigned, further certify that lam an attorney-at-lawduly admitted to practice in the State of
Florida, and am a member in good stand'ng of the Florida Bar.
Respectfully submitted thi — day of January, 2001.
GREENBERG, TRAU G, A.
By:
Gary .Saul
1221 BRICKELLAVENUE
MIAMI, FLORIDA 33131
(305) 579-0846
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrumentwas acknowledged before me this, +�of January, 20
Saul as a shareholder of Greenberg, Traurig, P.A. He personally appeared before me, is rsonaly known
to me or produced as identification.
1
N otary: i
[NOTARIAL SEAL) Print Nam
'f�t
�ota lic, State of Florida
My Commission Expires:
Commission Number.
NOTARY E
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FLTRUCgr� O
P
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SMA
LONNO. C
DCF. AUG. 1
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EXHIBIT "A"
LEGAL DESCRIPTION 12 FOOT BA YWALK-
A .portion of Tract "J BRICKELL KEY ON CLAUGHTON ISLAND SECTION FIVE",
according to the plot thereof as recorded. in Plat Book 153, Page 58 of the
Public Records of Miami—Dods County, Florida; and lying in Section 7, Township 54
South, Range 42 East, Miami—Dade County, Florida being more particularly
described as follows:
Commence at the Southwesterly corner of said Tract "J", thence N23'25'29'W,
along the Westerly line of said Tract "J", being also the Bulkhead Line as shown
on the plot of METROPOLITAN DADE COUNTY BULKHEAD LINE PART THREE as
recorded in Plat Book 74, Page 3, Sheet 4 of the Public Records of Miami—Dade
County, Florida, for 85.25 feet to the POINT OF BEGINNING of the following
described parcel; thence continue N23'25'29"W for 464.04 feet; thence N66'34'31"E
along the Southerly Right—of—Way line of the Public Right—of—Way dedicated to the
City of Miami in Official Records Book 10275, Page 86 of the Public Records of
Miomi--Dude County, Florida. for 12.00 feet; thence S23'25'29"E along a line parallel
with said Bulkhead Line for 464,04 feet; thence S66'34'31 "W for 12.00 feet to the
POINT OF BEGINNING, Said Parcel contains 5,568 -square feet, more or less.
TOGETHER WITH:
A portion of Tracts "G" and' "H", BRICKELL KEY ON CLAUGHTON ISLAND SECTION
THREE", according to the plot thereof as recorded in Plat Book 119, Page 70 of
the Public Records of Miami—Dade County, -Florida; and lying in Sections 6 and 7,
Township 54 South, Range 42 East, Micrni—Dodo County, Florida being more
particularly described as follows:
Commence at the Southwesterly corner of Tract "J", "BRICKELL KEY ON CLAUGHTON
ISLAND SECTION FIVE", according -to the plat thereof as recorded in Plat Book 153,
Page 58 of the Public Records of Miami—Dade County, • Florida; thence
N23'25'29"W, along the Westerly line of said Tract "J", being also the Bulkhead
Line as shown on the plat of METROPOLITAN DADE COUNTY BULKHEAD LINE PART
THREE as recorded in Plat Book 74, Page 3, Sheet 4 of the Public Records of
Miami- Dade County, Florida for 615.29 feet to a point on the Northerly
Right—of—Woy line of the Public Right—of—Way dedicated to the City of Miami in
Official Records Book 10275, Page 86 of the Public Records of Miami—Dade
County, Florida and the POINT OF BEGINNING of the following described parcel;
thence continue N23'25'29W for 881.44 feet; thence - N18'45'58"W along said
Bulkhead Line for 348.85 feet; thence N71'14'02"E for 12.00 feet; thence
S18'45'58"E for 348.36 feet; thence S23'25'29"E for 880.95 feet, last described
two courses being parallel with said Bulkhead Line; thence`' S66'34'31'W along said
.Northerly Right—of—Way line for 12.00 feet to the POINT OF BEGINNING. Said Parcel
contains 14,757 square feet, more or less.
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This instrument prepared by:
Gary A. Saul, Esq.
Greenberg, Traurig, P.A.
1221 Brickell Avenue
Miami, Florida 33131
Space above this line for recorder's use
DECLARATION OF COVENANTS, RESERVATIONS AND RESTRICTIONS
THIS DECLARATION OF.COVENANTS, RESERVATIONS AND RESTRICTIONS (this "Declaration")
,.
is made this day of , 2001, by SWIRE PACIFIC HOLDINGS INC., a
Delaware corporation ("Pacific"). whos ddress is 501 Brickell Key Drive, Suite 600, Miami,
Florida 33131, SWIRE BRICKELL THREE INC., Florida corporation ("Swire Three"), whose address is
501 Brickell Key Drive, Suite 600, Miami, Florida 33131, and SWIRE BRICKELL KEY HOTEL, LTD., a
Florida limited partnership ("Hotel"), whose address is 501 Brickell Key Drive, Suite 600, Miami,
Florida 33131. Collectively, Pacific, Hotel and Swire Three and their respective successors and
assigns as provided herein, are hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Pacific and Hotel are the owners of certain property more particularly
described on Exhibit "A" attached hereto (the "Property");
WHEREAS, Pacific and Hotel intend to convey a twelve foot (12') strip of the Property
more particularly described on Exhibit "B" attached hereto (the "Outparcel") to the City of
Miami: and
WHEREAS, prior to said conveyance, Pacific and Hotel desire to create certain
obligations in connection with and impose certain restrictions upon the Outparcel and the
owners from time to time of the Outparcel (including its and/or their successors and assigns, the
"Owner") .
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged. Pacific and Hotel hereby
declare that the Outparcel shall be sold, transferred, leased, conveyed, owned and occupied
subject to, and by accepting title to the Outparcel, Owner shall be deemed to have
covenanted and agreed to, the following:
1. Reservation of Development Rights. Notwithstanding the restrictions on use set
forth in Section 3 below (the "Restrictions on Use"), in order to allow Declarant to develop the
Marina (as hereinafter defined) and/or the remaining portions of the Property, Declarant hereby
reserves the following rights, which may be exercised at any time and from time to time by
Declarant (and those acting, by, through or under Declarant), notwithstanding the fact than
Declarant may no longer have an ownership interest in the Outparcel: (a) Declarant may make
improvements to the Outparcel: provided, however. that, any future improvements of the
Outparcel snoll ne (i) reasonably conSISTem wrm Tne Tnen-compieTea porTlans of Tne ourparcel,
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including, without limitation, waterfront walkways, lighting, landscaping and seating, and (ii) in
compliance with any and all government approvals issued for the Outparcel and/or the
Property, including, without limitation, any obligations imposed requiring portions of the
Outparcel to be used as a Fre and emergency access lane; (b) Declarant may use and occupy
the Outparcel as may be reasonably necessary in connection with its development of the
Marina, (c) Declarant may use and occupy the Outparcel as may be reasonably necessary in
servicing, maintaining or beautifying the Outparcel or the Property, including, without limitation,
installing roads, signs, street lighting, promenades, gatehouses, landscaped areas, security
facilities and systems and like improvements; provided, however, that any such uses must be
consistent with the use of the Outparcel for public park purposes and in compliance with any
and all government approvals issued for the Outparcel and/or the Property, including, without
limitation, any obligations imposed requiring portions of the Outporcel to be used as a fire and
emergency access lane, and/or (d) Declarant may designate agents, employees or
independent contractors to carry out the purposes and intentions of the reservations contained
herein. Notwithstanding the foregoing, in exercising the rights herein reserved. Declarant shall
not take any action which would deny the public's use of the Outparcel as a public park,
except only: (i) with the prior written approval of the City Manager of the City of Miami, or (ii) for
temporary denials up to seventy two (72) hours in duration as may be reasonably necessar>(
during periods of maintenance and/or improvement to the Outparcel, the Marina and/or the
Property.
2. Reservation -of Egsements grid Sirnilar Rights. Declarant hereby reserves the right,
privilege and easement to enter in, over and upon the Outporcel to utilize the rights reserved
herein, including, without limitation, the following (collectively, the "Easements"):
(a) to construct, reconstruct, install, operate, maintain, repair, replace, improve,
remove and inspect the Outporcel and/or the Marina:
(b) to construct, reconstruct, lay, insta)I, connect, operate, maintain, repair, replace,
improve, remove and inspect utility lines and facilities, including, without
limitation, sewer, gas, water, electric, telephone and other utility transmission,
distribution and connection lines and facilities, pipes, conduits, poles, wires and
mains, or to permit others to do so, within the Outporcel as may be necessary or
desirable to accommodate Declarant's use and development of the Outparcel
and/or Property and/or to perform any obligation required of Declarant under
that certain Development Order, set forth in Resolution 75-135, issued by the City
on February 12, 1975 (the "Development Order"); and
(c) to permit overhangs, encroachments or similar intrusions on the Outporcel by any
building located on the Property, provided, however, that such encroachments
must not interfere with the use of the Outparcel as a public park and either be
below the surface level of the Outporcel or not less than thirty feet (30') above
the surface level of the Outporcel.
Declarant shall have the right, without the consent of the Owner, to relocate the
Easements to accommodate the development, use and occupation of the Property or
otherwise fulfill the purposes set forth above, provided that the Declarant shall bear all costs and
expenses of relocating the Easements.
Notwithstanding anything herein contained to the contrary, the use of any such
Easements must at all times be in compliance with any and all government approvals issued for
the Outparcel and/or the Property, including, without limitation, any obligations imposed
requiring portions of the Outporcel to be used as a fire and emergency access lane. Except as
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otherwise expressly permitted herein, Declarant's use of the Easements shall be consistent with
the use of the Outparcel for public park purposes.
In exercising the Easements herein reserved, Declarant understands and agrees that:
(i} any closures of the Outporcel for maintenance and/or improvement of the
Outparcel shall not exceed seventy two (72) consecutive hours, without the prior
written consent of the City Manager of the City of Miami ("City Manager"):
any use of the Outparcel in connection with the development of the Marina,
whether as a staging site or otherwise, shall not exceed nine (9) months following
the date that Declarant obtains the permits for the development of the Marina
and commences construction thereof, without the prior written consent of the
City Manager; and
any use of the Outparcel in connection with the development of any other
portions of the Property adjacent thereto (other than the Marina), whether as a
staging site or otherwise, shall require Declorant to first provide notice of its intent
to use to the City Manager, and if said proposed use is intended to exceed nine
(9) months in duration, or to commence more than five (S) years following the
date of recordation of this Declaration, then said use shall not be undertaken
without the prior written consent of the City Manager.
3. Restrictions on Use. It is understood and agreed that the conveyance of the
Outporcel to the City is being made to satisfy in part Declorant's obligation to dedicate public
park lands as required by that certain Development Order, set forth in the Development Order.
Except as otherwise set forth herein, Declarant and Owner hereby agree that the Outparcel
may only be used: (i) as a public park, (ii) for such commercial purposes as are first approved in
writing by the Brickell Key Master Association, Inc., a Florida not-for-profit corporation, and (iii) in
such a manner as is consistent with the rights reserved by and for Declarant herein. It is hereby
understood and agreed that adjacent to, and west of, the Outparcel, Declarant desires to (but
shall not be obligated to) develop a marina (the "Marina"). If 'n fact such a Marina is
developed, the City agrees that use of the Outparcel by dock or boat slip owners, unit owners,
hotel guests, lessees of any residential, office, retail or other use created on the Property as well
as their respective employees, agents, licensees, guests and invitees (collectively, the
"Declarant Parties"). as applicable, for pedestrian ingress and egress over, and use and
enjoyment of the Marina, and any improvements constructed in connection therewith and all
riparian rights in connection therewith shall be permitted, as same are hereby deemed
consistent with the use of the Outporcel for public park purposes.
4. Declorant's Obligations. Declarant will, at its sole cost and expense, do, or cause
to be done, the following:
(o) insure, maintain, repair and replace any improvements constructed upon the
Outparcel;
(b) develop and perpetually maintain the Outparcel for use as a public park in a
manner consistent with the rights and obligations reserved herein, which shall
include, without limitation, installation of paths and landscaping reasonably
acceptable to the City;
(c) promptly upon recordation of this Declaration, provide Owner with evidence of
general liability insurance in such amounts as may be reasonably required by the
City's risk management department rrom time to Time, naming Owner as an
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additional insured with respect to Declaront's maintenance obligation
hereunder; and
(d) prior to commencing development/construction activities on the Outparcel,
provide Owner with evidence of general liability insurance in such amounts as
may be reasonably required by the City's risk management department from
time to time, naming Owner as an additional insured with respect to Declarant's
development/construction activities on the Outparcel.
Such insurance coverages may be provided by an umbrella or blanket insurance policy
or policies maintained by or on behalf of Declarant so long as Owner is named as on additional
insured with respect to such insurance policy or policies. Moreover, notwithstanding the
foregoing, nothing contained herein shall be deemed to release and/or modify the obligations
contained in the Development Order.
5. Owner's Obligations. Owner will comply with all documents, instruments and
restrictions encumbering the Outparcel, including, without limitation, that certain Declaration of
Covenants, Easements and Restrictions for Brickell Key, recorded in Official Records Book 11344,
page 1257 of the Public Records of Miami -Dade County, Florida and all rules and regulations
promulgated in connection therewith, as the some may be amended, modified or
supplemented from time to time. Moreover, Owner covenants and agrees not to place or
construct upon the Outporcel any obstruction, permanent or temporary in nature, or make any
additions or improvements to the Outporcel which would interfere with the rights reserved unto
the Declarant Parties hereunder.
6. Covenant Running with the Land. This Declaration will constitute a covenant
running with title to the Outparcel and will be recorded in the Public Records of Miami -Dade
County, Florida. This Declaration will inure to the benefit of the City of Miami and the Declarant
Parties and be binding upon the Owner of the Outparcel until such time as the some expires or is
modified or released by the Declarant and the City of Miami as provided in Sections 7 and 8
below. Notwithstanding the foregoing, Deccrant shall have the right at any time hereafter to
convey, assign and/or transfer their rights and/or obligafions hereunder, in whole or in part, to
any Declarant Party or otherwise.
7. Term. This Declaration will remain in effect for a period of thirty (30) years from the
date this Declaration is recorded, after which time it will be extended automatically for
successive periods of ten (10) years each unless modified or released by Declarant (as approved
by an act of the City Manager) as provided in Section 8 below.
8. Modification or Release. The provisions of this instrument may be amended,
modified or released by a written instrument executed by Declarant, provided some is also
approved by the City Manager. Should this Declaration be so modified, amended, or released,
the City Manager, or its respective designee or successor, shall forthwith execute a written
instrument effectuating and acknowledging such amendments, modifications or release.
4. Enforcement. Enforcement of this Declaration will be by action against any
parties or persons violating, or attempting to violate, any covenants set forth in this Declaration.
The prevailing party in any action or suit pertaining to or arising out of this Declaration will be
entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court
may adjudge to be reasonable for the services of his legal counsel. All rights, remedies and
privileges granted herein will be deemed to be cumulative and the exercise of any one or more
will neither be deemed to constitute an election of remedies nor preclude the party exercising
the some from exercising such other additional rights, remedies or privileges.
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10. Severability. lnvolidatien of any one of these covenants by judgment of a court
of competent jurisdiction in no way will affect any of the other provisions, all of which will remain
in full force and effect.
11. Further Assurances. Declarant and City hereby agree and Owner, by accepting
title to the Outparcel, shall be deemed to have covenanted and agreed, to execute such
further documents and instruments as reasonably necessary to accomplish the purposes set forth
herein.
12. Governing Law. This Declaration shall be construed in accordance with, and
governed by, the laws of the State of Florida.
IN WITNESS WHEREOF, this Declaration has been executed on the date first above written.
Witnessed by:
„ x . �1' .
i
.4
�'� . /
Name:
Declarant:
SWIRE PACIFIC HOLDINGS INC., a Delaware
corporation
By:
Name: �-
Title: rc� �eS► t��rur
SWIRE BRICKELL KEY HOTEL, LTD., a Florida limited
partnership
By: Swire General Hotel, Inc., a Florida
corporation, its managing general partner
By:
Name: btu
Title: � VR.ESrbe-)'LT-
SWIRE BRICKELL THREE INC., a Florida corporation
By:
Name:
Title:
2-LSk er)-Lr
-5-
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SS:
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V
The foregoing instrument was acknowledged before me this tq day off 2001,
by 4e"W,_L.Ibl of SWIRE PACIFIC HOLDINGS, INC., a Delaware corporation, on
behalf of such corporation, who is personally known tc me or who has produced a driver's
licenses as identification.
Name:_v�Z lE-�CAer2.Lj
Notary Public, State of Florida
My commission expires:
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
fid BEVERLEY CARRY
f MY COMMISSION/ CC 674788
00FIES: Ocb W 90.2001
The foregoing instrument was acknowledged before me this K day ofTwuuuyl,, 2001,
byS�ur ('Qes of Swire General Hotel, Inc., a Florida corporation, the managing
general partner of SWIRE BRICKELL KEY HOTEL, LTD., a Florida limited partnership, on behalf of
such corporation and limited partnership, who is personally known to me or who has produced a
driver's licenses as identification.
Name: 6-CACC6Li
Notary Public, State of Florida
My commission expires:
qiE BEVERLEY CABBY
3�r
MY COMMISSION J CC 674768
STATE OF FLORIDA ) aPIREs:ocmner3o,2O01
S$: r� s hCr' sw4m iMu Noan Pubic underw(m.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this L4doy of', 2001,
by ewts kL-.IbGxa-of SWIRE BRICKELL THREE INC., a Florida corporation, on behalf of
such corporation, who is personally known to me or who has produced a driver's licenses as
identification.
Name: BeviDUG-c Ca -�
Notary Public, State of Florida
My commission expires:
BEVERLEY 0
MY COMMISSION # C 674768
Oct*w 33. ��:Rt: � : ` peMOC T1M11 numrlr �� —
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Exhibit "A"
to
Declaration of Covenants, Reservations and Restrictions
Portions of Tract J of BRICKELL KEY ON CLAUGHTON ISLAND SECTION FIVE,
according to the Plat thereof recorded in Plat Book 153, Page 58 of the Public
Records of Miami -Dade County, Florida
- and -
Portions of Tract G and H of BRICKELL KEY ON CLAUGHTON ISLAND SECTION THREE,
according to the Plat thereof recorded In Plat Book 119, Page 70 of the Public
Records of Miami -Dade County, Florida
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Exhibit "B"
to i
Decks Cove Reservations and Qrstfrlr ons
LiEGA4L- DFSCRPnOIV 12FST BA yWAL K-
A rt' f T ." '
•po ran o ract J , BRICKELL KEY ON CLAUGHTON ISLAND SECTION FiVE`,
according to the plat thereof as recorded • in Plat gook 153. Page 58 of the
Public Records of Miami --Dade County, Florida; and lying In Section 7. Township 54
South, Ronge 42 - East, Miami--Dode County, Florida being more particularly
described as follows:
Commence at the Southwesterly comer of said Tract 'J', thence N23'25'29'W.
along the Westerly fine of said Tract 'J', being also the Bulkhead Line as shown
on the plat of METROPOLITAN DADE COUNTY BULKHEAD LINE PART THREE as
recorded in Plot Book 74, Page 3, Sheet 4 of the Public Records of Miami—Dade
County, Florida. for 85.25 feet to the POINT OF BEGINNING of the following
described parcel; thence continue N23'25'29"W for 464.04 feet; thence N66'34'31 T
along the Southerly Richt—of--Way line of the Public_ Right—of—Way dedicated to the
City of Miami in Official Records Book 10275, Page 66 of the Public Records of
Miami—Dole County, Florida. for 12.00 feet; thence S23'25'29"E aiong a line parallel
with said Bulkhead Line for 464.04 feet; thence S6&'34'31"W for 12.00 feet to the
POINT OF BEGINNING. Said Parcel contains 5,568 -square feet. more -or less.
TOGETHER Wi.TH:
A portion of Tracts 'G" and' 'H`, BRICKELL KEY ON CLAUGHTON ISLAND SECTION
THREE". according to the plat thereof as recorded in Plot Book 119, Page 70 of
the Public Records of Miami—Dade County, Florida; and lying in Sections 6 and 7.
Township 54 South, Range 42 East, Miami—Dade County, Florida being more
particularly described .as follows:
Commence at the Southwesterly corner of Tract 'J', "BRiCKELL KEY ON CLAUGHTON
ISLAND SECTION FIVE", according -to the plat thereof os recorded in Plot Book 153,
Page 58 of the Public Records of Miami—Dade County, Florida; thence
N2Y25'29"W. along the Westerly line of said Tract `J', being also the Bulkhead
Line as shown -on the plat of METROPOLITAN DADE COUNTY BULKHEAD LINE- PART
THREE as recorded in Plat Book 74, Page 3, Sheet 4 of the Public Records of
Miami— Dade- County. Florida for 615.29 feat to a point on the Northerly
Right--of—Way line of the Public Right—of—Way dedicated to the City of Miami in
Official Records Book 10275, Pae 86 of the Public Records of Miami --Dodo
County, Florida and the POINT 0P BEGINNING of the following described parcel;
thence continue N23'25'29V for 881.44 feet: thence •N18'45'58'W along said
Bulkhead Line for 348.85 feet; thence N71'14'02`E for 12.00 feet; thence
S18'45'58'E for 348.36 feet; thence S23'25'29"E for 880.95 feet, last described
two courses being parallel with said Bulkhead Line; thence: S6634'31'W along said
Northerly Right—of—Way line for 12.00 feet to the POINT OF BEGINNING. Said Parcel
contains 74,757 square feet, more or less.
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JOINDER
THE CITY OF MIAMI (the "City") hereby joins in the attached Declaration of Covenants,
Reservations and Restrictions (capitalized terms used, but not otherwise defined herein, shall
have the meanings provided in said Declaration of Covenants, Reservations and Restrictions) for
the purpose of consenting to the covenants, reservations, restrictions and other rights, duties and
obligations contained therein as well as acknowledging and agreeing that the conveyance of
the Outparcel to the City, shall, absent any reversion of same as and to the extent provided in
the Declaration of Covenants, Reservations and Restrictions and/or the instrument of
conveyance, satisfy in part Developer's obligation to dedicate public park lands pursuant to the
Development Order.
This Joinder shall be binding upon and shall inure to the benefit of the successors and
assigns of the City.
IN WITNESS WHEREOF, the City has caused this Joinder to be executed as of the
day of 2001.
WITNESSED BY: THE CITY OF MIAMI
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
By:
Name:
Title:
THIS JOINDER was acknowledged before me this day of
2001, by , the of THE CITY OF MIAMI, who is either personally
known to me, or has produced a driver's license as identification.
Notary Public
State of Florida
My commission expires:
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Space above this line for recorder's use
WARRANTY DEED
THIS WARRANTY DEED is made this 10'b day of January, 2001, by SWIRE PACIFIC
HOLDINGS INC., a Delaware corporation, whose address is 501 Brickell Key Drive, Suite 600,
Miami, Florida 3 313 1, SWIRE BRICKELL THREE INC., a Florida corporation ("Swire Three"),
whose address is 501 Brickell Key Drive, Suite 600, Miami, Florida 33131, and SWIRE
BRICKELL KEY HOTEL, LTD., a Florida limited partnership, whose address is 501 Brickell
Key Drive, Suite 600, Miami, Florida 33131 (collectively, the "Grantors") to THE CITY OF
MIAMI, whose address is (the "Grantee").
WITNESSETH:
THAT GRANTORS, for and in consideration of the sum of Ten and 00/100 U.S. Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, do hereby grant, bargain, sell, transfer and deliver to Grantee that certain
twelve foot (12') strip of land located in Miami -Dade County, Florida, and more particularly
described on Exhibit "A" hereto (the "Property");
SUBJECT TO: (i) the Declaration of Covenants, Reservations and Restrictions recorded
contemporaneously herewith; (ii) other conditions limitations, reservations, restrictions and
easements of record, including, without limitation, that certain Declaration of Covenants,
Restrictions and Easements for Brickell Key, recorded in Official Records Book 11344, page
1257 in the Public Records of Miami -Dade County, Florida, without operating to reimpose the
same; (iii) applicable zoning restrictions and regulations and similar matters, including, without
limitation, the Development Order set forth in Resolution 75-135, issued by the City of Miami
on February 12, 1975 (the "Development Order'); (iv) taxes for the year 2000 and subsequent
years, if any, and (v) matters that would be disclosed by an accurate survey of the Property.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging
or in anyway appertainuig.
TO HAVE AND TO HOLD, the same in fee simple forever. The Property is being
conveyed to Grantee for use as a public park, and Grantor shall warrant and defend the
availability of such use, and that said use is not limited or restricted in any way, other than, as set
forth herein or in that certain Declaration of Covenants, Reservations and Restrictions recorded
by Grantor upon the Property of even date herewith.
AND GRANTORS do hereby warrant the title to said Property and will defend the sante
against the lawful claims of all parties whomsoever.
PROVIDED, HOWEVER, it is expressly understood and agreed that the conveyance of
the Property to Grantee is being made to satisfy in part Grantors' obligation to dedicate public
park lands as required by the Development Order. Therefore, as a further condition to and part of
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the consideration of this conveyance, in the event the Property shall ever cease to be used for
public park purposes or shall be used for any commercial purposes whatsoever (unless first
approved in writing by the Brickell Key Master Association, Inc., a Florida not-for-profit
corporation), the Property shall absolutely revert to Grantors. For purposes hereof, it is
understood and agreed that the following uses shall be deemed consistent with public park
purposes and shall not be deemed to violate the restriction contained herein (i) operation of a
water taxi service, (ii) use of the Property as a fire lane and for emergency ingress and egress,
and (iii) use of the Property for the provision of utilities and utility services (and the repair,
replacement, alteration and replacement of same) as may be permitted in any easements affecting
the Property. The reversion provision contained herein shall be binding upon Grantee and any
other person or entity claiming by, through or under Grantee and shall inure to the benefit of and
be enforceable by Grantors, their respective successors and/or assigns. Any reversion hereunder
shall be automatic without any necessity for suit or re-entry and no act or omission on the part of
any beneficiary of this clause shall be a waiver of the operation or enforcement of the same.
IN WITNESS WHEREOF, Grantors have caused this Special Warranty Deed to be
executed as of the date first above written.
Witnessed by:
. 1'j I OEMr%
i
SWZRE PACIFIC HOLDINGS INC., a Delaware
corporation
By: - A!�—�
Name: (FM t– "
Title: ULCE-- PZE-5-tz�c–►.cr -
SWIRE BRICKELL KEY HOTEL, LTD., a Florida
limited partnership
By: Swire General Hotel, Inc., a Florida
corporation, its managing general partner
By:
Name: L . W Q' Ls
Title: (De?'rT
01- 125
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Witnessed by:
305 579 0717; 01/24/01 14:51; ,Je({ax 1$234;Page 22124
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
SWIRE BRICKELL THREE INC,, a Florida
corporation
By: 't�' -9-�
Name: 'S-4PltEN L. OWQ-,- S
Title: VzJ5 ►fl E►-aT'
The foregoing instrument was acknowledged before me this 10- day of`��
2001, by5keo.&�, L.Q.o as Vc,-AF-s,ber•7`of SWIRE PACIFIC HOLDINGS INC., a Delaware
corporation, on behalf of such corporation, who is personally known to me or who has produced
a driver's licenses as identification.
Name: &--ve�v1e-, C'A'(-F--'"
Notary Public, State of Florida
My commission expires:
BEVERLEY CARRY
My G0MMjSS0q r CC 97a -M
SWIMS; omw 30. 200,
-nru mmy ft'b k Undeiwrttan
01- 125
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STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
C1124101 14:51; fetFax #234; Page 23,124
The foregoing instrument was acknowledged before me this fq4- day of ,
2001, by asof Swire General Hotel, Inc., a Florida corporation,
the managing general partner of SWIRE BRICKELL KEY HOTEL, LTD., a Florida limited
partnership, on behalf of such corporation and limited partnership, who is personally known to
me or who has produced a driver's licenses as identification.
Name: 9e� 7) C14C6z
Notary Public, State of Florida
My commission expires:
BEVERLEY GARBY
3, t MY COMMISSION / CC 674766
STATE OF FLORIDA apes; ocwber 30, 2001
8ondea 7hfu Norary Polk Undeovon
SS:
COUNTY OF MIAMI -DADS j
The foregoing instrument was acknowledged before me this 1 day of ZLx kgj&, ,
2.001, byS1� L of S WIRE BRICKELL THREE INC., a Florida
corporation, on behalf of such corporation, who is personally known to me or who has produced
a driver's licenses as identification.
Nance:
Notary Public, State of Florida
My commission expires:
F BevE. F ow
j V MUNSSION N CC 6741October90,2001Bonded ihru Namry Public UndOrw
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EXHIBIT "A"
LEGAL DESCRIPTION 12 FOOT BA YWALK-
A .portion of Tract "J", BRICKELL KEY ON CLAUGHTON ISLAND SECTION FIVE",
according to the plat thereof as recorded- in Plat Book 153, Page 58 of the
Public Records of Miami—Dade County, Florida; and lying in Section 7, Township 54
South, Range 42 East, Miami—Dade County, Florida being more particularly
described as follows:
Commence at the Southwesterly corner of said Tract "J", thence N23'25'29'W,
along the Westerly line of said Tract "J", being also the Bulkhead Line as shown
on the plat of METROPOLITAN DADE COUNTY BULKHEAD LINE PART THREE as
recorded in Plat Book 74, Page 3, Sheet 4 of the Public Records of Miami—Dade
County, Florida, for 85.25 feet to the POINT OF BEGINNING of the following
described parcel; thence continue N23'25'29"W for 464.04 feet; thence N66'34'31 ONE
along the Southerly Right--of—Way line of the Public, Right—of—Way dedicated to the
City of Miami in Official Records Book 10275, Page 86 of the Public Records of
Miami ---Dade County, Florida for 12.00 feet; thence S23'25'29"E along a line parallel
with said Bulkhead Line for 464.04 feet; thence 566'34'31"W for 12.00 feet to the
POINT OF BEGINNING. Said Parcel contains 5,568 -square feet, more or less.
TOGETHER WITH:
A portion of Tracts "G" and "H BRICKELL KEY ON CLAUGHTON ISLAND SECTION
THREE", according to the plat thereof as recorded in Plat Book 119, Page 70 of
the Public Records of Miami—Dade County, F-lorida; and lying in Sections 6 and 7,
Township 54 South, Range 42 East, Miarni—Dade County, Florida being more
particularly described as follows:
Commence at the Southwesterly corner of Tract"J" , BRICKELL KEY ON CLAUGHTON
ISLAND SECTION FIVE", according to the plat thereof as recorded in Plat Book 153,
Page 58 of the Public Records of Miami—Dade County. • Florida; thence
N23'25'29"W, along the Westerly line of said Tract "J", being also the Bulkhead
Line as shown on the plat of METROPOLITAN DADE COUNTY BULKHEAD LINE PART
THREE as recorded in Ptat Book 74, Page 3. Sheet 4 of the Public Records of
Miami-- Dade County. Florida for 615.29 feet to a point on the Northerly
Right—of—Way line of the Public Right—of—Way dedicated to the City of Miami in
Official Records Book 10275, Page 86 of the Public Records of Miami—Dade
County, Florida and the POINT OF BEGINNING of the following described parcel;
thence continue N23'25'29"W for 881.44 feet; thence • N18'45'58"IN/ along said
Bulkhead Line for 348,85 feet; thence N71'14'02"E for 12.00 feet; thence
S18'45'58"E for 348.36 feet; thence S23'25'29"E for 880.95 feet, last described
two courses being parallel with said Bulkhead Line; thence' 566'34'31 "W along said
Northerly Right—of—Way line for 12.00 feet to the POINT OF BEGINNING, Said Parcel
contains 14,757 square feet, more or less.
0i-- 125
CITY OF MIAMI, FLORIDA 17 A
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members DATE: JAN 3 0 2001
FILE
of the City Commission
SUBJECT: Acceptance of Property
on Claughton Island
FROM: REFERENCES:
City Manager
ENCLOSURES: Warranty Deed, Declaration,
& Resolution
RECOMMENDATION:
The administration recommends that the City Commission approve the attached Resolution
accepting a Warranty Deed, in substantially the attached form, from Swire Pacific Holdings, Inc.,
a Delaware Corporation, ("Pacific"), Swire Brickell Three, Inc., a Florida Corporation ("Swire
Three"), and Swire Brickell Key Hotel, Ltd., a Florida limited partnership, ("Hotel")
(collectively the "Developer") for the conveyance of approximately 20,325 square feet of real
property, more particularly described in the Deed (the "Property"), to be used for public park
purposes; said conveyance to be subject to a Declaration of Covenants, Restrictions and
Reservations ("Declaration"), in substantially the attached form, whereby the Developer: (1)
reserves the right to improve the Property as part of the overall development; (2) reserves the
right to use the Property in connection with the development of the marina; (3) reserves the right
to use the Property for utility and other permanent easements and temporary construction
easements; and (4) restricts the use of the property. This Resolution further authorizes the City
Manager to execute a joinder to the Declaration of Covenants, Restrictions and Reservations, and
such other documents and agreements, in a form acceptable to the City Attorney, that may be
necessary to consummate the above transaction. This acceptance is conditioned upon the
Developer providing title insurance and indemnifying and protecting and holding the City
harmless.
BACKGROUND:
On February 12, 1975, the City Commission adopted Resolution 75-135 authorizing the issuance
of a Development Order for the Claughton Island Project. The Development Order provided for
the developer to convey to the City of Miami, develop and perpetually maintain 3.5 acres of real
property for public park purposes. Developer desire to convey approximately 20,325 square feet
at this time in .partial compliance with the requirements of the Development Order.
A Declaration for the acceptance of this property will be executed simultaneously with the
Warranty Deed. This Declaration sets forth terms and conditions related to the reservation of
development rights, reservation of easements and similar rights, restrictions on use.
The term of the Declaration shall be for 30 years which time will be extended automatically for
successive periods of 10 years each unless modified or released by Developer (as approved by an
act of the City Manager). The Developer will improve and maintain the area at its sole cost and
shall provide liability insurance to the City, listing the City as additional insured.
CAG:DB:&Pmv:m Brickell Key CC 0 f - 125
02-07-2001 03:59pm From -HAGGARD A14^ PARKS PA
Govern of tats of Florida
Mr. Jeb Bush
Designee: Mr. Jars F. Mud"
chair of Miand-Dade Deleption
San. Mario Diaz-Bolart
Designee: Rop. Gustavo Burch
Chair or Gvvwniog Board of
Seoth Fkrlda water Martatgniaea►t
District
Mr. Michael Collins
Desianec: Mr. oerardo Fornandez
Miami Dade state A>t mey
Ms. Katherine itttaadez-Rundle
Dosignee: Mr. Gary Winston
Mayou or Miaaa-Dade County
Mayor Alex Pandas
Designee: Ms. Sandy o'Neii
Mayor or Now
Mayor ]cc Caroll0
Designee: Ms. Christina Bahamonde
City of Miami Cvrnsoladoner
Commiralorter Joe sattchoz
Define: Ms. Eileen Damaso
Hiatal -Dade County
Cotomin �otuB
r ruao Barreiro
Designee: Mr. Alfiredo Gonzalez
Chale of bound River Marlow
MrNr
Brown
Designee: Mc. Richard Bunnell
Chair of Marine Cmx6
Mr. Phil Evedusharn
Designee: Mr. NAM wenington
Rsecwtivs Director or Downtown
Devdopnfent AudwXy
Ms. Pani Amen
Designee- Mr. Aloaso Menendez
Chair of Greater Miami Chamber
of cenmee+oe
Mr. William o. Coulon
Designee: Mr. Janwa McDonald
Ndghbwhood
ewmtni d b City Representative
Dr. Ernest Marcia
Designee: Ms. vagina NowcA
Amy Miami -Dade
ve
Ms. sallye Jude
Dasignee: Ms. ]ane Caporclli
Rspratentative from
at civic
prpidution i►ppohded by the
Governor
Mo. Janot McAuley
Dosignee: Ms.'Ibco Long
Member at. Large Appointed by
the Governor
Mr. Robot Parks A*poia�
�LgW o by
Ms. Swa Babun
Do pft: Mr. T= e Parker
I.mwmdw 1*c�ityby
of iVlat C A�
Mr. Clew Jones
Designee: Mr. William Parkes
DIt+eCtOr
Captain David Miller
3054461154 T-623 P102/004 F-132
Miami River Commission
C/o itOsc mel school
At ism A
4600 Rickenbacker Causeway
Miami, Florida 33149
office: (345) 3614850
Fax: (305) 361.4711
February 6, 2001
Ms. Dianne Johnson
City of Miami
Department of Real Estate and Economic Development
444 SW 2" d Ave
Miami, FL 33145
Dear Ms. Johnson,
This letter serves as the Miami River Commission's `official
statement 'to the City Commission, requested in resolution
00-320, concerning the February 8, 2001 City Commission Agenda
item 17-A pertaining to the Miami River. It's addressed to you in your
capacity as the designated City of Miami's liaison to the Miami River
Commission.
17 A) On November 22, 1999, the Miami River Commission passed
the attached resolution regarding Swire properties, their portion of the
Greenway and proposed Marina. The Miami River Commission
supports the approval of February 8, 2001 City Commission agenda
item 17-A.
If you have any questions, please don't hesitate to contact me.
Very Truly Yours,
Robert L. Parks, Esq.
Chair,
Miami River Commission
cc. Commissioner Sanchez
Commissioner' Winton
Commissioner Gort
Commissioner Teele
Commissioner Regalado
Mayor Carollo
City Clerk, Walter Foernan
City Manager Gimenez
Assistant City Attorney, Maria Chiaro
01— 125
02-07-2001 ' 03:56pm From -HAGGARD AND DARKS PA
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3054461154 T-623 P.003/004 F-132
Miiami Rver , omm fission
C/o aotrstuet Sd"
AWMA
46M to
Fez a� 3Q4M
Novembw
W. Stephen owes
Prodding. Swum Properties, Inc.
501 Brickell Key Drive, Suitt 102
bl &M F1 331331
Rt: Resoludon of the M&W River Commission Commwding
Swire Propeartiea Dev�p�topment Concepts on BricJ>x Y.W at the
Mouth of the Mm Rives
Dear W Owens:
On behalf of the ambers ofthe Mend River Commmssion, I
want to thank you for ytwr calighten1mg mom
Ccummmstioasnuchers ware impressed with your dtvelopnne
and notably the tint that open spews wart readily avaiaable to the
publican both the rives and bay froaatege. This use of open Public
spam an the river and devdop— that utffm and interact with the
river P•avoge pnx isdy metobas our vision and andeavm fw farum
rlvr&m d+avebpanal Your pMosal to develop a marina vhth boat
slips and office space waiable for marine law earcament agwda is
apprec ided and greatly noedw& The development ofwatsrfrant
property Aw watcr-dcpenda t and water-rdated utas is ansa the moat
import+Ut pWs oftbe Cion. A marine law a6rcemmat Ration
at *e mouth ofthe Y1 ad River wdl provide a iofficant pubho
safety aetst that is cleady l in this area P.nfarcof
mama�1 protection speed zones and ah booting practices at the
junc� of the busy lntraaowW WQwway sad the ldiami River is
avoial to the coacdawd, a mms ofthe river and public safety
I have s adW a Rewhtdon of the Miami River Commisabn
that andarses and oommaramds verlaw con apm ofyow de�alopoa�aat
that we encoump otbaac developers to Mow
gats, thank you ibr your pion and ifyou, bave any
other quashes pkuse feat fins to conUd ma
Yours Vay Truly,
Robot L. Perks
Chairman
01- 125
7 'd 9ANN ' SMH On NV30 OdgS:l 1002 'I 'qed
02-0T-2001 ' 04:00Pm From -HAGGARD AND PARKS PA 3054461154 T-623 P.004/004 F-132
Miami River Commussion
r-�
RRSOLMON 1-99
saLUox con�r �RoP�RS FOR
T' IIt USE OF SPECMnC DZ•LOPBCM CONCEPT'S ON
KEY MT SUWrANUMXY AMIPROVU TBE
=A SIM .AND T= PUBLIC IN'I'EBACTION VV TEEL
RIM
WDEBEAS, the Miami River Commission was crated by the State ofFlodda
wd cbarged with the ditties of coordiaaft public policy and projects related to ft siva
and to mite all gavermao t agencies, businesses, sud rWdwb itt the area to speak with
one voice; and
WNREAA% the Commission is to uWiae the powers of persuasion to ad iiev a the
goal of a*ftmd �t dithe Mm Riwr area; ad
VV '11MA% the Coom ission hats rrftwed a presedation of Swire des
deveiopalan of Bri&d' Key at the mouth oftbe Wismi River and quesd=ed the
President of Swire Properdes, Mr. Stew Owens, on various of 60 ddv3
ptjoct; aad
W�REA. the Commission members have disawmied these developm0at issues
and fmd thein comdstent or m ceeftg the Commisdon'm vision for uew developments on
the avec; and
WEUMIUA the Commission desires to empbadu these devclopmeat concepts
for other arras of the lomi River sad to rsoogtdae adsvelopae_ that the conmumity is
proud ckg and .
WMMM^ based an mM= made by Dr. Etnie•Msrtin sad Mr. Richard
Bunnell, seconded sad ><mank ously passed by the MaxW Nvec Commission;
xOW, " moMFORX, DL rr IMSOLVED that the Mami River C=mbdm
comawdm Swke Properties development philosophy and in pardaular their un of public
acceam to the wxwfi and th* a ptm to develop a marina with a ma dw law
CnftM4= at rotation, ly uWWW8 Wate&CM Prop aV far water-aepe dm
and water -rebated uses.
01- 2 5
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