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HomeMy WebLinkAboutR-89-0303S.— Fe ... s ` J-89-257 3/23/89 {' RESOLUTION NO. 9-7303 A RESOLUTION, WITH 'ATTACHMENTS RELATING TO THE MIAMI CENTER I (A/K/A BALL POINT) DEVELOPMENT OF REGIONAL IMPACT; MAKING FINDINGS; ATTESTING TO FINDINGS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PARTIAL RELEASE OF COVENANT, SUBSTANTIALLY IN THE FORM ATTACHED, UPON THE CITY MANAGER'S VERIFICATION, AND SUBJECT TO THE APPROVAL OF THE LAW DEPARTMENT, BY WHICH CITY NATIONAL BANK OF FLORIDA (FKA: CITY NATIONAL BANK OF MIAMI) AS TRUSTEE UNDER LAND TRUST 5008793 REMAINS OBLIGATED TO CERTAIN CONDITIONS _ CONTAINED IN - A COVENANT DATED FEBRUARY 7, 1986 (OFFICIAL RECORDS BOOK 12786, PAGE 658, P.R.D.C.), BUT, HAS SATISFIED AND IS RELEASED f FROM CERTAIN OTHER OBLIGATIONS PERTAINING TO: OVERHEAD PEDESTRIAN CONNECTION ACROSS BISCAYNE BOULEVARD;'CHOPIN PLAZA IMPROVEMENT: BAYWALK IMPROVEMENT AT HOTEL INTER- CONTINENTAL, AND SMOKE EVACUATION SYSTEM; AND, SPECIFICALLY, RETAINING THE REMAINING OBLIGATION FOR A TRAFFIC ,SIGNAL AT BISCAYNE BOULEVARD AND S.E. 3 STREET. t WHEREAS, by Resolution 79-396;.May 24, 1979 the Commission approved a Development Order "Exhibit A" for Miami Center I Project (AKA Ball Point), a Development of Regional Impact, per Chapter 380, Florida Statutes, located at approximately 100 F Chopin Plaza and 200 S. Biscayne Boulevard, legally described as, a Tract D DUPONT PLAZA (50-11) PRDC, and WHEREAS, the northerly 5.45 acres of Tract D DUPONT PLAZA (50-11) PRDC have been developed with the office building, hotel and related parking; a Certificate of Occupancy having been issued subject to a restrictive Covenant dated February 7, 1986, ;r (Official Records Book 12786, Page 658 PRDC) which addressed the remaining outstanding conditions of the Development Order; and WHEREAS, as a condition of the above -referenced Covenant, { ,z within three years of the date of -the Covenant, either a) an ,> amendment to delete Condition 5 - the pedestrian connection would be sought; or b) a judicial determination would be sought ,X- finding the obligation inoperative; or c) Condition5 of the original Development Order was to be satisfied; and WHEREAS, the applicant has proffered a Partial Release of kF� is Covenant by which he seeks to be relieved of certain cQniton$ S.: 4 i i Y CiTX. do] ATTACHMENTS MAC' s • q CONTAINED, 7T, I %'WA }+a which he has now satisfied $arising from a Covenant dated February 7, 19$6 (Official Records Book 12786, Page 658 PRDC); and 'WHEREAS, the Commission is agreeable to this request of the lam_ applicant; Ai y NOW THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY xy: OF MIAMI, FLORIDA:' Section 1. The Commission is satisfied with the applicants' ._ progress and finds it in compliance (with one exception) with the conditions of the Development Order (the "Development Order") for — �ft Miami Center I(AKA Ball Point) Resolution 79-396: May 24, 1979 as amended, located at 100 Chopin Plaza; 200 S. Biscayne' Boulevard, with respect to the northerly 5.45 acres of Tract D' DUPONT PLAZA (50-11) PRDC, more particularly known as Miami Center. Section 2. This Resolution does not pertain to, nor does it obligate the owner of the land which is the subject of, the �< —2; "Exhibit B" development order attached to and contained- in,, -, Resolution 86-828; October 7, 1986, which resolution amended the._ Development Order solely with respect to the southerly, undeveloped 3.01 acre tract commonly known as One Dupont Plaza. Section 3. The City Manager is authorized to execute, and b directed to sign only upon his verification of compliance, partial release of Covenant, substantially in the form attached,-; and subject to the approval of the Law Department, by which City National Bank of Florida (FKA: City National Bank of Miami) 'as Trustee under Land Trust 5008793 has satisfied and is released from certain conditions contained in a Covenant dated Februa 7 }� 1986 (Official Records Book 12786, Page 658 PRDC) pertaining to:y ' ak- an overhead pedestrian connection across Biscayne.': Boulevard; ,5v - Plaza improvement; Baywalk improvement- at Hotel;lntert �2 •,• .Chopin k 1 f4Y < Continental, and smoke evacuation system' and speci>i+callx ; F, b retaining the remaining obligation for':a traffic 0igral1 ht 44 r Biscayne Boulevard and S..E...3rd Street. — r > Section 4.This Resolution $ha 1 beoom a w�;4� _ eelvl�a jf immediately upon aPProvoLl purau+��►t to law + :4 - r -05 (f�l��;,. '. n Gi 3'"xri"a'.'S}k+�t e 7 - w"`.Y,+k, . ...•3 C I 4 _ !'y-'`-F"'K'�,y.'C.k++'. �xw� J t RESbLVTION 89=303 MARCH 230 1989. 's o PASSED AND ADOPTED this 23rd day of March ATTEST: XAVIER L, AREZr.MAYOR MATTY HIRAI,, CITY CLERK PREPARED AND APPROVED.BY: APPROVED AS TO FORM AND 4 CORRECTNESS: E E. MAXWELL E FE PANIEZ AS ISTANT CITY ATTORNEY CI ATTORNE JEM/db/M995 x �r r i 3 f 4 � 1 1 1 '4� 4 !, � 7{ }. 4,w i . } +f ` � Y.'. ( � k k §' r •F !1 i�'i. £ iq: Y� �:.p"y",k.�, 4 '^2 `yF � �" � �t•Y .ty �} � {� 4 f '� y -max' � i �'� ��Y�i✓<w 4�l H F7 a --A .:f 0 FO 7 PN 33 ....' COVENANT TO RUN WITfi. THE LAND mwh• t,or�►a aslsl THIS COVENANT is made and executed this .,y,_, day of February,,1986.-by CITY NATIONAL BANK Or MIAMI, AS TAUSTEr..UNDU LAND TRUST NO. 5008793 ("COVENANTOR") in favor of THE CITY Or:: MIAMI, FLORIDA, a municipal corporation of the State of Florida,. in the County of Dade ("CITY"). WHEREAS, COVENANTOR is the owner of•a portion.of„Tratt D,- Block 1 of "DUPONT PLAZA"• according to the plat thereof, as:e _ recorded in Plat Book- SO at. Page :11 of the Public Records;. of . Dade County, Florida, described in Exhibit A attached hereto and made apart hereof (the "PREMISES"); and: WHEREAS,.: COVENANTOR' has agreed.to certain matters set . forth herein with respect to the Development Order`affeetinq the PREMISES issued by the.CITY as authorized :by, Resolution, No.,•� 79-396 adopted by'the.Commission of•the City-at'a meetinq':held: ` on May 24, 1979, as amended; by Resolution- No.-.,80-707, dated ?' September 25,. 1980 (the "Development Order"),; -.;and WHEREAS,..COVENANTOR has requested the CITY to issue:,a Final Certificate of Occupancy for the "Hotel -Podium" and the .' Edward Ball Buildinq;located on the Premises, -and, CITYhss agroed r to do so subject >to the execution of ithis�l covenant matters set forth - in. the September 13,:;1985;memorandum=from k E McCullough:to Nalter'•Pierce, a .copy:- of ;which 45,-atiached,>hereto , as 'Exhibit- Bin=order .,to. assure, complianee_:.with: applicable building and fire codes as well as ,the Development:Order;: :,WHEREAS. this Covenant to.' Rua .With the •Land is 'belag E s executed is order to assure that the matters et.forth herein will` be accomplished. ' k NOW, THEREFORE; in consideration,of;the covensuits herein contained, the parties hereto agree as follows:, 1. COVENANTOt:.hersby, -covenants ; and, agrees that it ,� ,.j 't will provide -landscape, :treatment for the seasterly. s na .ot Chopin r -_ Plaua':as a means of connecting the'Bayfront Walk with Baytroat Park and maintain same as required under. paragraph`4 of ".the Development order promptly upon completion of the :Bayfronc Park seawall by the CITY and Corps of Engineers. 2. The Downtown People Movery,3tation which,p4r&grip2s 5 of the Development Order contemplatsdr:has,been reloca;ed approximately 450 feet to the North and 601feet to the West of its original location. It ia.COVENANTO$'S position that compliance_with_paragraph.,S of -the .DsvelopmexiC Or¢sr longer necessary or feasible because ther*, is, ,no­Dovncown ftop' ' W - mover :.Station lace, "at;, or in the 'vicinixj,,< of; 9iscayn 4 i Boulevard `betwesA S.E. 2nd and 3.;d_ j Str_s�etsshould ;bs the aeigisboriaq; landowner's xesponsibily;' .either"';sosly, jointly with,COVENANTOR. Accordingly;"COVENANTOR herekX covenants and, agrees .that, it will..;,witha three (3) years fro�a the.'4ate ot=-'thii Covenant, (x) obtain an amendment of the r Development Order. to deleteparagraph Order;' andJor(Yi obtain a final judicial determinatxioaA ttrrt "' • suah paragraph, 5 ° is no longer operetive:: and `.k�isldi�iq ppodr E ; a i NTO COVENARz provided, howevor, that such thr+se (3,) Yea C; t tag ` "; s Ut lisoiiou -shall.= be A"omaticaliy lct4 ed �o ' pa , • y , scary .ta comp pte n#' sdminiatxae ,vet, /p, got M_ tow su. a roceediags`ro l.onq as;: �#tbr tlx prs�g+ed�1� =r _ is liAg diligeatly.su9d by VQVXWM p9r1sp h the 1levclopmsat Order: is not'r}>s9ved eithsrf b�y #Im���k inat: judicial determin�►tj,oa ass provided is tb,�y9r�t ' . g es4id )*regrlcp# S if rss aired _by CAR r `+ s i j t � p„ v411. riwnvid�'•:Ia telffi'C 11dii1 aft:' .:.itrae}ix� At 12786 pv 659 4. It is COvENAMR'S intent that nothing set forth herein shall amend, limit, vitiate, modify or otherwise affect (a) the rights or responsibilities of at bar owners of land subject to the Development Order; (b) COVENANTOR'$ right to require such other owners to perform all or a portion of the matters set forth in this Covenants (c) COVLNAN'1'OR'S ripht=to require such other owners to contribute payment'for perfat*anea of all or a portion of -the matters set forth in this Covenant; or (d) any of the rights, privileges, benefits,.obligations.or responsibilities not forth in that certain Grant of Easements`�- and Declaration of Restrictions dated May 1C 1901 and recorded in Official Records Book 11102 at page 2247 of the Public Records of Dade County,Florida. Nevertheless, COVENANTOR, agrees to remain solely responsible to'the'.CITY for fulfillment ..e #-%4a [MUMVIAit_ althouah COVENANTOR may seek:'contributions 5. It is.expressly understood and agreed thati the _ Covenants set forth herein shall': run with"the land 4hid'this ' instrument shall be-bindingupon COVENANTOR and its, successors in interest or assigns, and ` shall : be' a condition" implied; in,any conveyance'or other instrument affecting 'thititle to the PREMISES or any portion thereof. 6. In the event of any litigation regarding the enforcement of the provisions of .this instrument,` the.prevailinq party shall be entitled to payment from the other party of :ll court costs and reasonable attorneys fees incurred in -the. ` litigation, including any appellate proceedings. F 7. In the event that COVENANTOR shall have eompliod with the terms of this instrument, then the City Manager or any other authorized official of the CITY hall execute and deliver �. to the COVENANTOR such documents'as may be reasonably requested ; by the COVENANTOR to indicatefull, compliance with the.: obligations of COVENANTOR and to release this instrument of record. i IN WITNESS WHEREOF, COVENANTOR and the CITY have caused these presents to be executed as -of the day and year first above written. ®. Witnesses: ' OM BANK OF MIAMI, under Land Trust i z�J o63� B�ri -, r� • Trua Qf icer and Vice Prssldent fCDRi0w k , y r STATE OF FLORIDA ) COUNTY OF DADS x -s The execution of - the foregoi�nq inatm*at weeclpnQw1 ; 4, day of February.: • �, `i • Cati`e�,. R r �+ ► bafor�.me.thia Y Y 19�8 by Trust. Officer # ice President of City Nitis�ns Sa o t_ Trustee' under Lend .Trust• No. 5(DQ8793 F My commissian expires: NOtOy Pu1pl�,ct Stx $ Q5 v 7, '-��� �. a j1Ec I786 rc 660 , v� • EXHIBIT AR :tee A onion of Tract D. Block 1,.of DUPONT PLAZA r according to `plat;tlsereof as recorded in Plat Book 50 at page 11, of the Public Records of Dade County, Florida, being more particularly described as follows, Begin at the Northeast corner of said Traci and run West ilon4 't01­ the North line of Tract D for`645.44 feet to a Point of,'`.' CurVatursI thence Southwesterly alonq a circular curve to 'the s -Left having a radius of 2S.00 feet and a central angla of 61 degrees 26 minutes 00 seconds for an arc distance of 26.81 feet• to a Point of Compound Curvature; thence Southerly along a s - circular cures to the left havinq`a radius of 300.00ttoot 'and a u ,antral angle.of 28 dagress,-34 minutes;00 seconds `for"aa"arC-. distance of 149.57 feet to Point of Tangency; thence South fore {' $ 293.50 float, (said last mentioned Lour: coursos_boinq,coincidsnt; with the boundary linos of said. Tract�D; thancoEast for'``'179.41` feat: thence' North for-150:00 feats` thence Eaa,.for:525.36 feats thence North 0 degrees 04•minutes 07 seconds West along the Bast line of .said .Tract D.for.300,00 fast to, - the -Point of, Beg -inn ing,.� 1°ry lying and biting its`the city'of Miami, Dada County, Florida �4 Fd} �rE izi w { �S • 1 �1_ kWt� j • �t a; �a Strt'"fy.' V w I, !{AAr- �}Fy '• n;'� N a i r f s. Lax: 4r7 A- ''', y i"«t^t ���r pprez .x J 7. ti S F � i a i, �, T ./ 7 •. gg g £ ry ., v `»c � ��.�� �'S ']x t �.��t iL�'Y���•�a - ..b. X F q^ ' .•r f.a' r4 A e ~f'2 . F .µ.F•.w� } .•+�.:9r'f' i•Qy yF`� 1""` `. .�3F Nu,. ATTACMENT TO _€ IMMIAL Rom$ OF COVE1I i'I' _ RESOLUTION $9�303.; _ - MARCH 23,_,1989 i THIS PARTIAL RELEASE.OF COVENANT is made and executed this day of 1989, by THE CITY OF MIAMI, FLORIDA, a municipal corporation of the ftats of Florida, in the County of Dade (the "City") in favor of CITY NATIONAL BANK OF FLORIDA, AS TRUSTEE UNDER LAND TRUST NO. 5008793 (formerly known as City National Bank of Miami), its successors and assigns (the "Trustee"); W I T N E S S E T H WHEREAS, Trustee is the owner of a portion of Tract h, Block 1 of "DuPont Plaza", according to the Plat thereof as recorded in Plat Book 50 at Page 11 of the Public Records of Dade County, Florida, described on Exhibit A attached hereto and made a part hereof (the "Property"); WHEREAS, Trustee has made and executed that certain Covenant to Run with Land, dated February 7, 1986, and recorded in < =_ Official Records Book 12786 at Page 658 of the Public Records of Dade County, Florida (the "Covenant"); ,a WHEREAS, the Property is the subject of a Development - -_ Order issued by the City as Resolution No. 79-396 (the "Resolution") adopted by the City Commission at a meeting held on May 24, 1979, _ as amended; and 9 WHEREAS, the City desires to release the Trustee and the Property from certain portions of the Covenant and the Resolution. NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties hereto agree as follows: - 1. Due to the relocation of the Downtown People -Mover. station from its proposed location at, or in the vicinity -of, Biscayne Boulevard between Southeast Second and Third Streets' -tot .; its current actual location approximately 450 feet to the North and 60 feet to the West of the original proposed location, and a number' of other intervening factors which have occurred since.the..adoption _ — of the Resolution, the City hereby releases the Trustee and the — Property from the obligation set forth in paragraph 5°'of the - Resolution and paragraph 2 of the Covenant. 2. Trustee has fully complied with the matters set forth in -paragraph 4 of the Resolution and paragraph 1 of the Covenant is relating to landscaping for the east end of Chopin Plaza. Therefore, the City hereby releases the Trustee and the Property. from the obligations set forth in paragraph 4 of the Resolution and paragraph 1 of the Covenant. 3. The City hereby acknowledges that Trustee has fully complied with the matters set forth in paragraph 3 of the Resolution relating to dedication and improvement of the portion of the Bayfront Walk located within the Property, and has provided acceptable landscaping and furniture for such portion of the Bayfront Walk as required by paragraph 3 of the Resolution. = 4. Trustee has fully complied with the matters set -forth _ in the September 13, 1985 memorandum from K. E. McCullough to Walter Pierce attached to the Covenant as Exhibit B (the "Memorandum'. relating to the smoke evacuation system. Therefore the City hereby ttlemm the Txuetr and tho Psopvtty Cc= tba ahlf gati ions ac. miag ; from, or described in, the Memorandum.t 6. other than the Trustee's obligation to install a traffic signal at S.E. 3rd Street and Biscayne Boulevard as not forth in paragraph 8 of the.Resolution and paragraph 3 of the Covenant, due to Trustee's compliance# the City hereby releases the Trustee and the -Property from.all of the remaining obligations set forth in the Resolution and is the Covenant. - IN WITS WHEREOF, the City has caused this instrument to be executed by its duly authorized representative as of the day and year first above written. -j ATTEST: THE CITY OF MIAMI, a municipal corporation of the State of Florida CITY CLERK CITY MANAGER BEIBIT A A portion of Tract D, Block 1, of DUPONT PLAZA according to plat thereof as recorded in Plat Book 50 at page 11, of the Public Records of Dade County, Florida, being more particularly described as follows: _. Begin at the Northeast corner of said Tract D and run West along the North line of Tract D for 645.94 feet to a Point of Curvature; thence Southwesterly along a circular curve to the left having a radius of 25.00 feet and a central angle of 61 degrees 26 minutes 00 seconds for an arc distance of 26.81 feet to a Point of Compound Curvature; thence Southerly along a circular curve to the left having a radius of 300.00 feet and a central angle of 28 degrees 34 minutes 00 seconds for an arc distance of 149.57 feet to Point of Tangency; thence South for 293.50 feet (said '- last mentioned four courses being coincident - with the boundary lines of said.Tract D); - thence East for 179.41 feet; thence North for 150.00 feet; thence East for 525.36 feet; thence North 0 degrees 04 minutes 07 seconds West along the East line of said Tract D for 300.00 feet to the Point of Beginning, lying - and being in the City of Miami, Dade County, ; Florida. MCHIBIT A A portion of Tract D, Block 1, of DUPONT AZA PLaccording to plat thereof as recorded In Plat Book 50 at page 11, of the Public Records of Dade County, Florida, being more particularly described as follows: Begin at the Northeast corner of said Tract D B and run West along the North line of Tract D for 645.94 feet to a Point of Curvature; thence Southwesterly along a circular curve to the left having a radius of 25.00 feet and a central angle of 61 degrees 26 minutes 00 seconds for an arc distance of 26.81 feet to a Point of Compound Curvature; thence Southerly along a circular curve to the left having a radius of 300.00 feet and a central angle of 28 degrees 34 minutes 00 seconds for an arc distance of 149.57 feet to Point of _ Tangency; thence South for 293.50 feet (said last mentioned four courses being coincident = with the boundary lines of said.Tract D); - thence East for 179.41 feet; thence North for 150.00 feet; thence East for 525.36 feet; thence North 0 degrees 04 minutes 07 seconds West along the East line of said Tract D for 300.00 feet to the Point of Beginning, lying and being in the City of Miami, Dade County, - Florida. --Sig_ j ;a -y e {. 4_ to , f 1, MW t� f xv R'y 'j — udJy #R • a '04- PZa13. 4 A. 4•. .; PLANNING FACT SHEET APPLICANT Jeffrey Bercow, Attorney s 4' Steel Hector & Davis, Attorneys -w Jahn Lundsten, Principal and Executive Vice President Karsten Realty Advisors/Authorized Y Agent for: , M. C. Holdings Partners Ya° January 23, 1989= PETITION APPROXIhLATELX, 100 CHOPIN"PLAZAe 200 S. BISCAYNE _ fry r TRACT Dt OUPONT•PLAZA`(50 11).;P.RtS.C. 4R- A Resolution with attach6ehts,, ,relatij�;g to s'the tray- Miami Center: I.;(A/K/A fall. Point] Oev.,lopment of Y s; Regional Impact; .making'` findings.,; Attesting;>to 56 findings, authorizing and, directing tie City Manager to execute : ,, a , partial `' release = of4 Covenant substantially in ' the " foria °attached, w upon the City.: , Manager! s ;.verification, subject to, ,the,Approvalof the La Uepartmen ; = b;: which City " National Sank , d'F1or�da. Cit National' -Bank of ,Miami.) as trustee and r land Trust 50a8793' remains obligated to certan conditions contained- -in a Co�renant dated February •1, 1986, (Official :`Records Soak �2786, Page 658, P.R.00. j , but, has 'satisfied 'and is } released from - certain . other: obligatio�ls� pertaining,.to: overhead pedestrian ponection $k. across Biscayne Boulevard,'., improvement,. Baywalk;,,.�mprovement{.. tFXk e k Inter -Continental`, . and smoke evacuation sprat; and, specifically, retaining the remaining `J Al obl igationr .for a traffic, 's jgnaa at f Biscay Y } soul mv _d :and S.E::f 3 Stye •f x�� � + i 1 BACKGROUND In:1979 jby .Resolutio 7t�•396� <p,� y w aRpr4�!ed a-oevelopeni y0rdr::for ti 1 t Occupancy was issued, subject to 'a restrictive Covenant addressing. the remaining outstanding conditions in the Development Order. ANALYSIS The, proposed partial, release of ``Covenant addresses the following fou'rAssuess a 1. Deletion of Overhead Pedestrian Connection across Biscayne- Boulevard''' substitution of Decorative Pavino. Pursuant to the outstanding Condition 5 — of the Development Order, the applicant was to either seek an amendment to.:the Development Order, for which-:he.has -: applied in-a.companion item, or complete - condition 5 ` - the pedestrian bridge. Lar�Ri vement to Easterly 2, nd na Imoro of Chopin Plaza. The --.applicant has proposed to purchas, install and h1y maintain 5 11a9: poles -.and `flags at this y: j .f location on public: right-o#=war ,pper ti� plans on file. The:Planning and Publt. Works Departments are in 'thee process approving these plans (seeattachments). ,X 3. LandscaRiag Imorov_ ement � Qf .lf�ial k ona Fact - Side .,of Hotel ;Inter -Continent 1�n : The applicant has proposed t substantially upgrade this-Baywalk, ppe plans on file. The `Planning and Publi Works Department are in. -.the process o approve (see attachments) 4. Smoke Evacuation System... The.:apPlican has satis#led all ,:conditions of th September 13, 1985 . memorandum .from -;th Fire Rescue and Inspection: Service Department. r The remaining outstanding ..:obligation; Miami Center I De'vel opment Or der, ' rtai n�na ; F. f i the northerly, property, s a traf c sig , S.E. 3rd Street, -.and Biscayne Boulevard ' 11l5 of continuing discussions pertai�l�l���tx -the development : of a) Dupont Pl as rind b)rke4i! Dupont ::Plaza: project, �t , is npt G9n prpd�nt at this time to.raquire tha aplra tx£ ht j install .the signal; rkut_ rather to' cotpuah obt3gatipn JWthe Av non e ow 1 ' �a.t.. .- .. �•.`,. .... ... .. -. ., I.. .,. .:.:. ....:. .' ... .." .. .�.. ., ... ?.... ., ., .. ,. .. n.�. .,...y,.1r.t 3f.+_e4ra.. .N ..v_'lr{,.a,. .._ _.. _ Al - f �ry S RECOMMENDATIONS Approval of release of Covenant, subject to City. PLANNING DEPT. Manager's verification of compliance. r i 1 J iq I s 1 3 � �f- i: r A5� is 1 a ip i _ •1RS _ S 4w1; L ° . sup Id i Ilim OWNtR'S LIST Owner's flame Miami._ center Hoid•in n PNrt� 55 rs = Mailing AddressJbb Chopin. Plaza, Miami, Plorida 33131 Telephone Number. (305) 577-2945 (Jeffrey Bercow, P.A.) - Legal Description: See Exhibit A - Owner's Name Mai 1ing Address_ ` Telephone Number Legal Description: Owner's Name as Mailing Address - Telephone Number "Legal Oescription: >s f z— _ Any `other real estate property owned individually, jointly, or severally (by corporation,,partnership or privately) within 375 of the subject 4' site is listed as follows:. t. Street Address ' Legal.Description ,n. s t x :M y Street Address Legal Description xz .n S.. ... Stre e Address, y _ . Legal _Description' .�._.,_ J U y (( bL t - S4 x• - y. -. / ? a as 1 f C i a.?.?,J .y ... .y, ,�, �• �', R,. Sy .n s`#, E f.k i P F! iJ'`"' 9,Y}�' ��. � T 1. Laga, description and street address of sncject real property See Exhibit A 2. Owner(s) of subject real property and percentage of ownership. Notes City of Miami Ordinance No. 9419 requires disclosure of all parties Eaing a financial interest, either direct or indirect, in the suoject matter of a presentation, request or petition to the City Commission. Accordingly, question 42 requires disclosure of all shareholders of corporations, beneficiaries of trustsf, and/or any other interested parties,, together with their addresses and proportionate interest. City national Bank of Miami, as Tr ee under Land Trust No. 5008793 •- lav/o i -4-ff The beneficiary under this trus is M.C. Holdings Partners which is composed of the corporate entities identified in Exhibit B. 3. Lequl description arei street addresir of any teal prope:t ! (!►) owned by any party listed in answer to question ,v2, arvi (b) Located wirtlin 375 feet of the suoject real property. OILL r%- r 'vl TM OWWR h SUZ OF ffMMA) SSt CONY OF OADE ) ;1 Jeffrey Bercow E being duly sworn, deposes and says that no is the (%wwet) (Attorney tot owner) of the real property described in answer to question tl, abovel that he has read the foregoirq., answers and that the same are true and complete= and -(if acting as attorney for owner) that he has authority to execute is of Owner'ahip = form on behalf of the owner.Smal. -TO AM SMUMM r• „� J v , fi--�e before Me this ►!r r 4 ' day of98� + Ji Kk i s - W CM"tMI$Sx tl � s aorar rams sr�► ► a N Nr y. { y i iti4 J {f a'3'F -':. - t a t' a: J F .d a did '•' ` iS£'. a `4Y P EMIBIT A Phase 1 of Miami Center S '' (The northerly, developed 5.45 acres of property .. subject -to the Miami Center I Development Order). { -A' ortion of Tract D. Block 1, of DUPONT ..PLAZA accordinq to plat thereof as recorded - in Plat Hook 50 at page 11, of the Public Records of, Dade: County, Florida, being more particularly described as follows: Begin -at the: Northeast corner of _said Tract D 4 ,and 'run `West along the North line of , Tract` D for 645.94 feet to a Point of.Curvature; = hence�sbuthwesterly along a circular curve to -"the left having a radius of :25.00 ,feet :and u a central angle of 61 -.degrees . 26 minutes., 00' . .fo <}� seconds or, , an arc distance of 26.81 feet t a Point. of Compound Curvature: thencef Southerly -'along a circular curve to .the :left havrinq a'u°radius of 300. oo feet and: a central v angle of 28 degrees 34 minutes 00 seconds for - r an, ,arc distance 'o-149.57' feet to Point of Tangency; Thence South :for 293 . �0 feet ' (said r. "bast`'mentioned'+four `courses being - coincident }" - with the boundary lines of said Tract W ; s thence"East for 179.41 feet;'thence North for ; ® 150.0o feet. thence East for_525..36 feet; { 'thence North `'o degrees o4 ms.nutes, 07 seconds West along; the East , line 'of said"' Tract; D for 30p"; 00 'feet the Point of eegianing. ysnc, r :to *F and beinq'a the City of Miami, Dade County,, F lorida. z . w F + 'tlnvr 'P t�2 L Pk yi•'�i .'� a 17115 �}} �Idw 1 T 1 ^ pit , ROBANK CORPORATION , , 48 Wall, 3treet,.:io .Floor. New York, New. York 10286i-0101 1, Officers:,,t ' -George H. Denniston. Sr. President Leonard,;A. -Weiss Vice Pze_sident ,. . t Charles:. E. .Rappold . Vice Prea.ident U '. ... Frederick L. Sarq, - , Vice P.re,aident .. f Steven. L, Aing: Vice President " Robert .E.' Keilman,.. Treaswrel Jacqueline McSwiggan Secretary T �..: Katheriae C. ;Hearings„,. - Assistant Secretary Joseph G. Schievo, III ryr zF; r Assistant Treasurer41. j 2. Ownership: Robank. Corporation is a wholly. opetc 4subaidiary 1 of$' t 1 A. The:Hink of ..New York New York, New York ~ 1001 S ` . B. Officers (as disclosed` in The. Bank of New York 148? ;nlR Angpal , Report : ' E2 s 4 J: Carter Bacot Chairman Peter pHerr3ck Pre ido pt Richard D., ;Field Sr. Exec. Vice Pesident' , , Alan R.:Griffith Sr. Exec. Dice Pread�en}t Sheldon Harrison Sr. Exec. Vice:"P.rAa" Eit;r Newton Merrill , Sr- Exec. Vice ..g.re8t�a : 'h .,P.,S.- Deno D . Papageorge Sr. Exec. Vice f. Preadeet 4; � ct..+ ..':RTv...+.-Uirl►; liYr���:�•d�n�r'�`'.'<;;,;1 . , Tho►oas .A. ,Remy_ ;; . , Gregory: Srpurr. ;Jr. Char on i,. SoaGh Donald .L. C:oiby.' a Thomas. r?.• Warne :== w. ildnw YA x an,� J IC@yin ;4J. Hannon G4cffr f4 if.. +-�nn�etz ,_ x � l�ndrew_:�r�iK ^, X'k ' 3... t I •'(a ,}� :IFQZ MWA iq,� �i':: ;': \�� � � � ��� �� �� ,-A ?4 £ �'Ti mom' Pr V 4 i Fv C.X.H.B. CORPORATION 1271 Avenue of the.Arericas New York, New York 10020 1. officers: K. Yamaguchi President G. Jagendorf Vice President J. Incandela Treasurer,: R. HandSecretary Z. Ownership: C.K.H:B. Corporation is a wholly,awned;subaidiary Ott A. THE HANR OF TDEYO.. ;TRtTST- COMPANY = r lOb Broadway Nev York New.York 10010 a. F ;t t, BO Officers: H. Hayashi President--'.tt Tf H. Clifton Whitre Executive Vice,,'Preaideiat YrvR R; E: Seiki T Sze cutive.Vice ',Presi`dent T.. Fujino Executive Vice",President °f{ R. Hand Secretary ' C. Ownership:-_ , The Bank of ,T4,yko Trust Company �ia�} a ahol.y T owned subsidiary o .' 1) THE BANK OF TOKYO: :LTD. 3-2,ihobastii. Hongo Kucho,: choae, . Chuo-ku, ,;,Tokyoj...Japan_ R it ' 2) P,r_ incipal. Officers: H. Inouye::,;President,�� T. Miyazaki Deputy.- ran dent 0. Koqure ':_ Oepuxy Pres�,dent; ��F 4 E'.. Matsµmoto A4puty Preai.,deat T Takagaki Seuior.Managing i� a TA.. . 9 �Yama uchi Sonior: taagzng D #�I c Ytr b 4 ` Kr Takao .. Stu or-­,)taAag�.nq 1 iT00 . If tt YoshlzaWa T, KoO;. akawa H*ftXor M*WA9 �. yv S) 9xneTahip� S�lQ.fcl�h�aldarai� o/fR-The3a�t� �... -a 'k ' 4fl fkil� t .�`ye ��1M ]I �t}ls� � �1;� "'T�t����� A�7 M, J�' ��•7F 1 p _a ------------------------------ sea ��`.7 ��s3 86R041506 I 278SF 658 %�ioha 33141:49. COVENANT TO RUN WITS THE_.LAND THIS COVEMW is made and , executed this ^...l+.r day of February, 1986, by CITY NATIONAL SANK 0L' MIAMI, AS TWUSTEE UNDER LAND_..TRUST NO. S008793;("COVVENANTOR") is favor of.T,CITY OF MIAMI. FLORIDA, a municipalcorporation of the.. State of. _Florida. in the County WHEREAS,.COVENANTOR is the owner of a portion.of Tract D, Sloek i of "DUPONT PLAZA" accordinq.to the plat theraof, as, recorded, in Plat Rook SO at-Pags:il,of the Public -Records of Dade aounty,,Florida, described in exhibit A attached hereto and' Da part hereof (the "PREMISES -);,,and WHEREAS, COVENANTOR has agrsed.to certain'matt're set forth herein with respect'to the Development Order affecting the PREMISES issued by:,the CITY.as authorized by ResolutionNo.,. 79-396:-adopted-by,the...Commissi6n of the City, at sAiestinq held on,May 24,. 1979, as amended by Resolution ,No. 80-707,.dated September 25,.19130 (the !Development Order")�;;'and ; WHEREAS. COVENANTOR has requested the CITY to fssue.a Final Certificate of Occupancy for the "Hotel-Podium";and.ths k Edward Sall Building located, on„ the, Premises,: a and CITY has agreed to do, so.. subject to. the ; execution:. of this covenant `and, the hatters, set forth, in. the- September' 13, 1985 maiaoratcium fromTNzZi Mecullough to Walter.,,Pisrce, < a.•copy,.of';whieh` is attiehed;hereto as Exhibit B. in crder;.;to assure,compl'iance aith'sppiieable building and fire codes as well as' the Development: Order; %VEREAS, this Covenant to Rua Stith the Laiid;is bainq . executed in -.order .to assure that the mztters set forth.hereia will. be accomplished s; c y NOWj THEREFORE, in consideration of.:the cohersia contained, the parties hereto agree as` 0ilows: i l.:; COVENANTOR•• hereby,: covenants and; agrees that it will provide, landscape treatment ,for. ,the- `easterly endsif Chopin hlaza::as a means of connecting the Bayfront Walk with• Sayfront Park and maintain same as required under,paragraph 4•of:the Development Order promptly upon completion of. the.,SayfronC'Park seawall by the CITY and Corps of Engineers. 2. The Downtown Peopl*L Movet`Statioa which paragraph 5 of the Development Order contemplaied.has,'iiin reloeatad approximately 450 feet to the $orth and,60 lest to the West of its original location. It is COVENANTOR'S.position that compliance with'paragraph 5 of the -,Development Order (a)'is ao. longer necessary or feasible becauie.there Vs Downtown so �1 . ; Mover Station located,"at, or in the vicinit�i oi, Biscayne ■ 364ievard"bstween S.E. and 3rd (Streets,) ; and (b);.ahould'ber . the neighboring andowner'a responsibility either, solely or jointly with COVENANTOR. Accordingly;"COVENANTOR hereby4 � covenants and agrees that-it`will, within:three (3)Years Prow the -.date ol;;t#�i s' Covenant, (x) obtain an amendment . of t2ie " Development Order. to delete paragraph S'.of, :the D440Vpment ` Orclery , andjop.; (y)' `obtain �► lanai jt;dieial itiimi: fihat F�fi{ such paragraph 5 is no'longer.opsratiye and binding COVENANTOR: '`pro%4ded,.,however., 'that 'such'thrse... "6P6 659 4. 1t is COVENANTOR'S intent that nothing set forth 3 herein shall amend, limit, vitiate, modify or otherwise affect (a) the rights or responsibilities of other owners of land subject to the.Development Order;.(b) COVENANTOR'S right to require such other owners to perform all or matters sat forth in this Covenants (c) COVI�NTOR'S,riqht;to require such other owners to, contribute payment for performance of all or a portion of'the matters set forth in this Covenant; or (d) any of the rights, privileges,, benefits, obligations or — responsibilities set forth in that/certain Grant of'Easements'` °and Declaration of Restrictions' dated May 14,.1981_atid,recorded. in Official Records Book 11102 at page 2247"of the'yublic; Records of Dade County, Florida:' Nevertheless,COVENAt�iTOR agrees to remain solely responsible to _ the Cr1'Y ' for fulfilLaiilt of this'Covenint, although COVENANTOR:'may seek contributions from other partie's as'stated'in this paragraph s. It" is expressly understood szkI agreed . thsC'the' , covenants set forth herein .shall run with the J d, and _thiI be bindinq:.upon`COVENANTOR and.its successors', .'- instrument shall An interest or assigns, -:and shall.be a condition implied','in any conveyance'or other instrument affeetng;,the aitle`to�the .' PREMISES -or any'portion thereof: 6. In the event of any litigation`regardinq the enforcement of the provisions of this instrument, --the prevailing party shall be entitled to payment from the other party of all? court costs and reasonable attorneys fees incurred: in the j _ litigation, including any appellate proceedings. S b 1, T. In the event that COVENANTOR shall. havecomplied with the terms of this instrument; then`the.City Managsr or, any other authorized official of the CITY shall. execute and -deliver y€ to the COVENANTOR such documents as may be'.reasonably requested. by the COVENANTOR to indicate'full compliance.with'ahs .er of v obligations of COVENANTOR and to release this instrument -_ record. IN WITNESS WHEREOF, COVENANTOR and the CITY have caused these presents to be executed as of the day and year first above written. Witnesses: OVAL'BANK OF MiAMI, under Land'Trust 963 r� Trus and Vice President, Vfiqer S71. �. r ' f1OR10* ' - i - rtE MIN .• _ SFr-# xt n STATE OF FLORIDA ) COUNTY OF DADS ) ' ' The exe+ct►gicn of the foregoinq instruments Trust Officer and.Vice President, Trustee under Land Trust:No. 500979 t ��F 14Y commission expires;` • Notaicy �� is S TT"�7l^ `" CC ee y ' �gyr.�.�1,r 1 t -•k its aC AEIC ! ZT86fc 666 �IISIT_A 'r CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM o AlbertWer ,Director DATE : February 16, 1989 r1Le Parks j - Recreation and sua�ecT City Approval Miami Center I Publ .i,c Facilities' Department Baywai k/Chopin Plaza Attn: a ohns Improvements sta o the ,Di rector JF .ROM Sergio z Director REFERENCES ami Center i " Plannj: g-Department rcLosuR evel opment Order ('Res, T9-3961 b: The .Planning and Public Works Departments .are. about" to approve design 5 devei opaent plans for Miami Center Chopin Plaza " Landscape Development" = by 4 z t y�34 Afb rt R..Perez Associates dated January 26 1989 for: , $ • Miami Center I Baywalk, east side of Hotel Inter Continental -,- and Improvements ­:to the,;easterly end of Chopin Plaza z K and request your :concurrence by signing the approval' line below and returning, { this`origirtal. A copy is enclosed for your files. These ie>rrs vrere requi red :by Conditions 3 and 4 of the. Devei opaient Order. ' h t letter of"Nove referenced above. A Planning Departmennloer 30, 1988� previously,distr_ibuted,- is= attached .for your information. r, These "plans have : been, reviewed by Enrique Nunez of Parks Desigrt, Public 4tbrlcs Department: t i 6 The Baywal k, .> mprov�ement i s.: , "be; provided„ by Miami Center. Hot di ngs .Partners on their prope�,ty*-TheY have;prlmyiqusly, recorded "an easement over the BayMaik� provi dpg :for ;.public Access; ponstructi on,.` :and ; perpetual ma i ntenance `:i s ray owner.:; .The `;City has " no .responsibility ",either for construction, `ma i nnanAt'Y liability. 1..r ti � �X. The Chopin ;Plaza. improvements "consi st of 145' high flagpoles-' Wh�h h � r� r of di n s . Partners. ssluai rig€�� , p>irch�eedF d nstal l sd by ; Mi ani; G't ty 9px-olmway. the mmi ntenarlce this 1;4sfrl400r prKlseiy,� : t ;P Ana$ eat�l rat y ..the sayfro>n mrk M" U Trust i adlo bad _n►cted anti ntenanc nd gdt ` v and 1 i;ght bulbs, ? , e i t } 3 f a y+ z �1 SERGIO RODRIGUEZ CE571R H 010 E COW February 160 1989 Mr. Ira Katz, Executive Director eayfront Park Management Trust ' 3b1, 0 ,8i scayne' Boulevard Miami FL '33132 ;> �' RE: City .-Approval : Miami Center I.Baywalk/Chopin Plaza. I*rovements: Miami Center I Development Order' 1.(Res. 79 396i Dear Mr. Katz: 4 L� 77 approve The Planning and ?Public , Works Departments ,are about o deal n :� development plans for "Miami Center Chopin Plaza Landscape Oevelopnlent°:;by}a Aibert° R: Perez Associates -dated ;January 26, 1989 for.: r4 u , u+ Miami Center I:Baywalk, east side of Hotel Inter Continental 4L and ZJ - ;Improvements 'to the. easterly end of Chopin Plaza. t ;. The Chopin Pl azi improvements consist of 5 35' high flagpoles which wi 11 bet q purchased and installed by Miami :.Center; Holdings Partners: Assuming thia City right-of-way, te ,i .1es w#th .-thmCity this instance, ogre precisely,"with the Bayfront Park, Management Trust. < The "maintenance" visualized here,- . is the purchase. dispiay and periodic replacement of 5 .lags at Chapin;. Plaza, which could be handled-:identicaliy tq other flags in Bayfront ,Park; The f1 agpol es also have incandescent ",cans"` for 1 i ghtl nq n the poi a themselves` in which case the bulbs wi 11 require periodic { F replacement. ' The power source -i s .the C:i ty box . at the southeast � , corner �f! `Bayfront" Park. # Y trust E thatlypu'_ wi i l , cpns der; this ,matter; :,posi ti vel y and be able to respondfij µ 4Gifiufr c es ons bilit so. that this pleltYcar�, }�' affirm�it/ively.p the 'maintena r p Y approved.'' a ,,a��ti. f ! £ �x and 4 of the A velo rntiAe Theseste�y ire required `'by °Gonditons: 3P o ebe0- Nov ��� referenced above. A Pl anni ng pepert 060t 1 alter fFf �zr�R� f -' previsl► istribuxe�d' < is attached for your information. These P eipe. haYr en. nevi d r qua Nuhez : Qf Parks es� qn!, ,P i, pn� rsn Tha S i Y l i b p X daylii CsntrsQl+�F: � a _fr-. .. 1.. th�SN�ei�ee�rt' .-;.htwe aDrevi.b recorded.;,an_. aBIlt>y �t j F� V t , �r rz IUt f� k t. February! �198 X r r.- _ Mr. -Jos —eph' McManus Planning Department =S r City of Midi 273-14--W.2 'Street a, Miami.'Florida 33128 V. Re: :Plans for Bayfront walk and the East End of Chopin Plaza Dear Joe: x ° I' d like to '°thank .you and. Enrique Nunez for iaeetii�g Witl i s Albert Fere, Gloria Gannett and "sae concerning° ahe caption$'c 5 } , T _ lan for the Bayon Walk , matter. As : you know, the landscape, p A,z ISbein submitted ,pursuant to Condition 3. of `the Development g Order for kami Center whieht was ;adopted by; the City Cdamission -as,,`Resolution .No...79-396 ("Development Order") The plan the- easterly end of Chopin Plaza _is being: submitted pursuant4 to- Condition 4 of the' -Development Order. ;These plans were.,,prepared�: by Albert R' Perez Associates" and `'" both are dated Januarys 26 ` f�h 1989. - Based upon our discussions at th is' meeting., it :` is our i understanding that the plans for the easterly 'end .of:Chop in.P as well as Bayfrout Walk have been approved subject to certainr mi:nisteri`al' conditions. ' With regard ` to-'~ the . 'Applicant r these ; condil4ons •'are; as €ollows : l.Obtan approval from the Fire Department with regard to theT acce'ssibility of the Bayfront Walk as 'a fire lane;. 'and s: 20. Provide °Mr. Enrique Nunez with examples of the type of grate;,?:„ that will. be used- -to, replace the mesh screen that s .currently ,� � a. a located. along° the length of eayfront` Walk as ventilation; �orxkR'. lictel' $ . parking garage You :.and Enrique also identified a number of the City •must resolve in advance` of constnc�tionThey,$r' tOIRfYws • +v 41 �` 1 � Tho�yowne�aY�ip of>� the „ easy end of �hopia �'aa�a � �ueti #f�a���. =fiSA t+e . avai'lak�lity: of : power for the;la�' $1�r } "' bo aan► Wo ed f by Mr . tS?A�J i and AR y4 d7a4�+i,+k 6 ..v^j^ eL VvY�pt R =.d'•� Shed Heedor&Davie t Mr Joseph McManus February 8, 1989 t I Page Z 3 . You indicated that you were going to look into the avaf labiL�y4h of flags. for the easterly end 'of Chopin Plaza with Rbgtlr Barreto. w At such time as these questions are resolved and Mr' Nunez approves the grate material, Mr. Perez will preparethe final: �.' working drawings for these projects. We will submit these drawings, to you and Mr. -Nunez for your review. ,Because; of the requirements of the Development...,Order; we'' j kindly request that you confirm -the City's approval:;: of` the' foregoing, particularly with regard to Conditions 3 and 4 of< the Development Order,' by having the Directors of theCtyts: Planning,`;Parks and Public Works Departments sign is the space`' provided below. L „Wel,,sincerely,.appreciate your assistance in this matter. � sincerei t1 r a r rc :Michael Wil Radell ; MR/lc j {~ i Fatigue Nunez'; . Public Works Department r= , Ms - kGloria Gannet Mr.. Albert Perez , k CONFIRMED AND AGREED. - t Director, Cityof Niamr FYf Planning Department -srtoWG i,� � i YS � s *! •. � yea r �:. +c-` .i 1 t v.; ii Fx `��& i 'cc or, C t r r px%s�arfimA61 at 1 - i —1>' .,!s' Vyoi``3iir.s.r S1nti f Dat+�r .x;.�4uSx`. 'Yr <::4 ni;:r;-K c� ♦ y Ken ~�^� ^� ^ ~ ^ .: � e .� . � ����� . . ... ... . . . .. . � . y�y§�y�.���. . .. ,x. axs.m.w6 §§� } y� � � � \\ y�. <: <: <y, « . . .. _��� <� � � :. . . y 7� \ \� � _ . . /..w.a«.v �` . � \\ � \ \\ � � . . 2d: . . . .& .. m� � w. <y »y<>? «. m� .:y<: � <«« «: � , � � . . asw� - r � ». y ^ d :\ /� � ? ©� �� � �\ /\ \\\\� � � \ � � � � , � � \� ^ ^� � � «?: m»:y© . � d®��©��� �������� w2 »�%� C� « \ . � . . . . ::y: g < . �� � ^° d`d?vs. � © � » m . . . . . »� »� w ��\dd:� � .. . . � .�y� � � 2d°/� / »�� � � ^ - . \ :/� \ `�qj _ F� � $ ! 7' sY i 2f , t � qi. �` r d. �[z AIR �n W,low k,t _ te. ryaw L. INTCR-CIFFICE MCMOHANOVM Valter Pierce e.rc September llf19d# Assistant Cite Manager SUMM 100 Chopin Platt''± Miami Cent*r/Ybl<*i;1 , x. Final Certifleata of Oecnp*ncy WeEUMN SERL'tCES 1C. E. KcCullouEh. iaf acrc*ceece. "` ; '-' `'Q�ti ,,;, Director of Firs. Mscua R E C E I V E D and inspection Services cNaosu.er It 14• },F r c 1,6.4 i u'3tt°axe: � a i Az �r u METROPOLITAN DADS COUNTY, FLORIDA .i� ;lii �:{' � '.,i��'r�'� � _ �•' METRO•DADE.CENTEp 138 OCT Is T; BYITE 1610 _ t11�N11N'1stsTflE�T �: too JwM }Y October 17,-:1988;_ R rg 1 1 �; .. I. < i5 Dliid p 8 rya"T. ps+> 27S 's �•''"• " 33128' � ��. Ro r F Dear -Mr. k� f FcrsueRt Ito the'_October ll,:1988 meeting with City,t and,_ of ; . staff , we have revf ewed "the Da�mtawa people Martaes " S arid; the :City. ; Order provl sion far as �tspper la�iel.� peaestri�aa` c�ectica�. We` have �det endued that a station woes not camtr�acted -in the vicinity _ .of Biscayne -Boulevard betwom S �E �2 and-.S.E ._ 3' Street as sty iu sectiau 5, PaBs: A-�].9r;. of Mi ti.._ :' i We tiav+e also` . determined that tiye Cdtaity' will not cxmst�nset" ,a atataa at the. aba!ve; mectdomed . locatiaor� .aud, tho3refare, ; the ' camdtm�t: ;oer be r a became ` a' i-etality aoct may withdrawn.,, r_ bs i f f r 1 ii'ZZA t�i`'S ?hjf 1 'tl v f > :;' �' ';;y t -:n >•F � S S ` '.. (g ' r- -:.! �. .. �zb''[ 441.4X�' y Z .•�.a.�Y �+t ro � t.1 t.+a.4.� 1�)j�i-5 rr tiattet y:u s^:� 4#e�") �-�3-rk-��Ntf�'i�; '.�-`P'`>i ,5���.{�E3�, ^". . PARTIAL ROE OF COVEPZiT THIS BARTIAL RELEASE, or COVENANT is made and executed this day Of r 1989. by THE CITY OF MiAKI, FM1kIDA► a Municipal corporation of the State of Florida, in the County of Dade (the "City") in favor of CITY NATIONAL HANK OF FLORiDA, AS TRUSTEE UNDER LAND TRUST NO. 5008793 (formerly known as City igns (the "Trustee National Bank of Miami), its successors and ass"): W I T N E S S E T H WHMLEAS, Trustee is the owner of a portion Block 1 of "DuPont Plaza", according to the Plat in Plat Book 50 at Page 11 of the A attached ached hereto ublic sand made aof Dade opart. Florida, described on Exhibit hereof (the "Property"); WHEREAS, Trustee has made and executed that certain Covenant to Run with Land, dated February 7, 1986, and recorded in Official Records Book. 12786 at Page��658 of 'the Public Records of Dade County, Florida (the "Covenant"); WHEREAS, the Property is the subject of a Development Order issued by the City as Resolution No. 79'ld6on Ma „24Soig�9on") adopted by the City Commission at a meeting he y as amended; and WHEREAS, the City desires to release the Trustee and the Property from certain portions of the Covenant and the Resolution. NOW, THEREFORE, for and in consideration of the covenants — herein contained, the parties hereto agree as follows: 1 Due to the relocation of the Downtown People Mover of station fromitsproposed locatioastt8econd andor ineThird Stvicinitreets to Biscayne Boulevard between Southe its current actual location approximately 450 feet to the North and 60 feet to the West of the original proposed rredasince-the adoption of other intervening factors which ,have.. occu a of the Resolution, the City hereby'releases the Trustee and the Property from the obligation set forth in paragraph`5 of the Resolution and paragraph 2 of the Covenant. 2. Trustee has fully complied with the matters set forth. the in paragraph 4 of the Resolution and endaofaCholinfPlazaCovenant relating to landscaping for the east p Therefore, the City hereby releases the Trustee and the Property from the obligations set forth in paragraph 4 of the Resolution and paragraph 1 of the Covenant. . 3, The City hereby acknowledges ttT3 ofethehas Resolution - complied with the matters set forth t ofthparagraph .r relating to dedication and improvement of the portion of the Bayfront Walk located within the Property, and has provided acceptable landscaping and furniture for such portion of the Bayfront Walk as required by paragraph 3 of the Resolution. Trustee has fully complied with the matters; set forth - 4. E McCullough. to Walter Y in the September 13, 1985 memorandum from K. Pierce attached to the Covenantas Exhibit B' (tiie "Memorandum; Memorandum") , relating to the smoke evacuation system. Therefore the. C ty., hereby }t ; fccs t� �?I.�.�t3•Q� mr� , r �,�t telaso4 the Tsus#.M from, or described in, the Memorandum. r;< 5, Notwithstanding anything herein to the contrary °° a herein contained shall in any way impair, alter ar d►iah nothi q , the effect of the Trustees obligation to' install a: trait s.cna at B,E. 3rd Street and Biscayne Boulevard, as seat forth }m , paragraph 8 of the Resolution and paragraph of the` Covnaut:� rt3 Y ... ..-,• i..y' _ F _ \...,;' .. i. f .y.+.{... _.}o.rf 7 :S7i _ v.°k.-'�4 J , 8. Other than the Trustee's obligation to install a traffic signal at B.E. 3rd Street and Biscayne Boulevard as set and 3 of the forth in paragraph a of th9-Resolution paragraph compliance, the City hereby releases the S Covenant. due to Trustee's the Pr0l*rty froth all of the remaining obligations set — Trustee and forth in the Rssolutiotl and in the Covenant, IN WITNESS WHEREOF, the City has caused this instrument to the day and be executed by its duly authorised representative as of - year first above written. ti THE CITY OF MIAMI. a municipal _ ATTEST: corporation of the State of - Florida A CITY MANAGER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: - Jorge Fernandez, city Attorney STATE OF FLORIDA COUNTY OF DADS ) me The foregoing instrument was acknowlasgeCditbeMager ofiTHE day of 1989, by Cesar Odio Y corporation under the laws of the State = CITY OF MIAMI a municipal of Florida, on behalf of the corporation. Notary Publ c, State of Florida - My commission expires: (Seal) - ® & return to: Prepared by _- Jeffrey Bercow, P.A. STEEL HECTOR & DAVIS 4000 Southeast Financial Center 200 South Biscayne Boulevard ' Miami, Florida 33131-2398 Sit_ i i xtt' 1513D s A 1 y r' •S' J,P,'. f . n rk� k ft 4 i d. lit- __- i IMIBIT A - A portion of Tract D► Bloch 1, of DUPONT PLAZA according Ito plat thereof as recorded In Plat Book 50 at page 11, of the Public t Records of Dade County, Florida. being more particularly described as follows: Begin at the Northeast corner of said Tract D and run West along the North line of Tract D — for 645.94 feet to a Point of Curvature; thence Southwesterly along a circular curve to the left having a radius of 25.00 feet and _ a central angle of 61 degrees 26 minutes 00 seconds for an arc distance of 26.81 feet to a Point of compound t theto nce left - iCurvature, southerly along 300.00 feet and a central having a radius of angle of 28-degrees 34 minutes 00 seconds for an arc distance of 149.57 feet to Point of South for 293.50 feet (said — Tangency; thence last mentioned four courses being coincident — with the boundary lines of said Tract D); for = thence East for 179-41feet; thence forth East 150.00 feet; thence North 0 degrees 04 minutes 07 seconds thence for West along the East line of said Tract nnDying 300.00 feet to the Point of Begiing, and being in the City of Miami, Dade County, — Florida. AN did v y Jc i r 011