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HomeMy WebLinkAboutexhibit attachmentIATTACHMENT Covenant Running with the Land RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY The undersigned, the City of Miami, being the present owner(s), of the following real property (hereinafter called "the Property"), lying, being and situated in Miarni-Dade County, Florida, to wit: SEE ATTACHED LEGAL DESCRIPTION (Exhibit A) pursuant to Section 24-58.2(1) (B) (2) (b) of the Code of Miami -Dade County, hereby proffers this executed Restrictive Covenant Running With The Land In Favor of Miami - Dade County, Florida in conjunction with Miami -Dade County Department of Environmental Resources Standard Form Class I Permit application number CC03-245 and variance request, for construction of a 50 slip mega -yacht marina: 1. The undersigned agree(s) and covenant(s) that all docking facilities located at the subject property shall be used for the mooring of vessels in a manner that is consistent with the conditions of this covenant, with the Flagstone Island Gardens Mega -Yacht Harbor Manatee Protection Plan, a copy of which is attached hereto as Exhibit B, and which is incorporated herein by reference hereto, and with the recommendation memorandum from the Director of the Miami -Dade County Department of Environmental Resources Management with all accompanying attachments, a copy of which is attached hereto as Exhibit C, and which is incorporated herein by reference hereto. 2. The undersigned agree(s) and covenants(s) that all vessels utilizing the docking facilities located at the Property shall have a minimum of three (3) feet of clearance between the bottom of Biscayne Bay at said facilities and the deepest draft of the vessel as measured at mean low water. 3. The undersigned agree(s) and covenant(s) that the vessel fueling services provided at the Property shall be shall be utilized only by the lessees of the docking facilities located at the Property, and fur use by public agency law enforcement vessels. 4. The undersigned agree(s) and covenant(s) that the maximum number of vessels which shall be moored at the docking facilities located at the Property shall not exceed fifty (50) vessels at any time. 5. The undersigned agree(s) and covenant(s) that as a subset of the maximum of fifty (50) vessels authorized for mooring at the docking facilities, the maximum number of powerboats that are less than one -hundred (100) feet In length as measured at the water line that will be moored at the docking facilities located at the Property shall not exceed a total of twenty-three (23) at any time. Of the maximum allowable of twenty-three (23) powerboats less than one -hundred (100) feet inlength as measured at the waterline, not more than two (2) shall be water taxis, four (4) shall be commercial fishing or diving charter boats, and three (3) shall be marina service vessels. This provision shall not apply to sailboats with ancillary motors, non - motorized vessels or any rowboat. 6. The undersigned agree(s) and covenant(s) that the marina service vessels allowed pursuant to this Restrictive Covenant shall only be permitted to be used for service operations at the marina including but not limited to deploying fuel containment booms, marina security services, and tugboat -type of operations. Marina service vessels shall not travel away from the marina, and shall at all times operate within one -thousand (1000) feet of the docking facilities located at the Property. This restriction shall not apply to travel of the marina service vessels necessary for the maintenance or repairs of said marina service vessels, or to travel of these marina service vessels necessary for safety reasons during emergencies such as storms or hurricanes. 7. The undersigned agree(s) and covenant(s) to comply in full at all times with the restrictions and prohibitions on non -water dependant floating structures as set forth in Chapter 24 of the Code of Miami -Dade County. 8. For the purposes of this Restrictive Covenant, "vessel" is herein defined as any watercraft designed to float or navigate upon water, or which may be used or is capable of being used as a means of transportation on water including, but not limited to, sailboats, powerboats, ships, barges, boats, skiffs, rowboats, houseboats, jet skis and inflatable boats. 9. For the purposes of this Restrictive Covenant, "docking facility is herein defined as any structure, landward or waterward of the mean high waterline, designed for or capable of mooring a vessel, and requiring a Miami -Dade County Class I Permit, pursuant to Chapter 24 of the Code of Miami -Dade County, including but not limited to, docks, piers, piles, boat elevators and davits. 10. This Restrictive Covenant shall run with the land and shall be recorded in the Public Records of Miami -Dade County, Florida, at the expense of the undersigned, and shall remain in full force and effect and be binding upon the undersigned, and their heirs, successors, grantees and assigns until such time as the same is modified in writing by the undersigned and Miami -Dade County or released in writing by Miami - Dade County. 11, This Restrictive Covenant shall be subject to specific enforcement by Miami -Dade County, Florida. In the event that the provisions of the Covenant are not complied with by the undersigned or their heirs, successors, grantees, and assigns, an action at law or in equity may be commenced by Miami -Dade County against any person violating, causing, permitting, allowing or suffering the violation of this Covenant. IN WITNESS WHEREOF, the undersigned has caused this Covenant to be executed this day of , 200_. Witnesses: City of Miami sign sign print print sign Title print Address STATE OF FLORIDA, COUNTY OF! MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2004, by as , who is personally known to me or who has produced as identification and who did take an oath. NOTARY PUBLIC: sign print State of Florida at Large (Seal) My Commission Expires: Attachments: Exhibit A: Legal Description of subject property Exhibit B: Flagstone island Gardens Mega -Yacht Harbor Manatee Protection Plan Exhibit C: Recommendation Memorandum from Director of Environmental Resources Management RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY The undersigned, Flagstone Island Gardens, LLC, being lessee(s), of the following real property (hereinafter called "the Property"), lying, being and situated in Miami -Dade County, Florida, to wit: SEE ATTACHED LEGAL DESCRIPTION (Exhibit A) pursuant to Section 24-58.2(I) (B) (2) (b) of the Code of Miami -Dade County, hereby proffers this executed Restrictive Covenant Running With The Land In Favor of Miami - Dade County, Florida in conjunction with Miami -Dade County Department of Environmental Resources Standard Form Class I Permit application number CC03-245 and variance request, for construction of a 50 slip mega -yacht marina: 1. The undersigned agree(s) and covenant(s) that all docking facilities located at the subject property shall be used for the mooring of vessels in a manner that is consistent with the conditions of this covenant, with the Flagstone Island Gardens Mega -Yacht Harbor Manatee Protection Plan, a copy of which is attached hereto as Exhibit B, and which Is incorporated herein by reference hereto, and with the recommendation memorandum from the Director of the Miami -Dade County Department of Environmental Resources Management with all accompanying attachments, a copy of which is attached hereto as Exhibit C, and which is incorporated herein by reference hereto. 2. The undersigned agree(s) and covenants(s) that all vessels utilizing the docking facilities located at the Property shall have a minimum of three (3) feet of clearance between the bottom of Biscayne Bay at said facilities and the deepest draft of the vessel as measured at mean low water. 3. The undersigned agree(s) and covenant(s) that the vessel fueling services provided at the Property shall be shall be utilized only by the lessees of the docking facilities located at the Property, and for use by public agency law enforcernen1 vessels. 4. The undersigned agree(s) and covenant(s) that the maximum number of vessels which shall be moored at the docking facilities located at the Property shall not exceed fifty (50) vessels at any time. 5. The undersigned agree(s) and covenant(s) that as a subset of the maximum of fifty (50) vessels authorized for mooring at the docking facilities, the maximum number of powerboats that are Tess than one -hundred (100) feet in length as measured at the water line that will .be moored at the docking facilities located at the Property shall not exceed a total of twenty-three (23) at any time. Of the maximum allowable of twenty-three (23) powerboats less than one -hundred (100) feet in length as measured at the waterline, not more than two (2) shall be water taxis, four (4) shall be commercial fishing or diving charter boats, and three (3) shall be marina service vessels. This provision shall not apply to sailboats with ancillary motors, non - motorized vessels or any rowboat. 6, The undersigned agree(s) and covenant(s) that the marina service vessels allowed pursuant to this Restrictive Covenant shall only be permitted to be used for service operations at the marina including but not limited to deploying fuel containment booms, marina security services, and tugboat -type of operations. Marina service vessels shall not travel away from the marina, and shall at all times operate within one -thousand (1000) feet of the docking facilities located at the Property. This restriction shall not apply to travel of the marina service vessels necessary for the maintenance or repairs of said marina service vessels, or to travel of these marina service vessels necessary for safety reasons during emergencies such as storms or hurricanes. 7. The undersigned agree(s) and covenant(s) to comply in full at all times with the restrictions and prohibitions.on non -water dependant floating structures as set forth in Chapter 24 of the Code of Miami -Dade County. a. For the purposes of this Restrictive Covenant, "vessel" is herein defined as any watercraft designed to float or navigate upon water, or which may be used or is capable of being used as a means of transportation on water including, but not limited to, sailboats, powerboats, ships, barges, boats, skiffs, rowboats, houseboats, Jet skis and inflatable boats. 9. For the purposes of this Restrictive Covenant, "docking facility" is herein defined as any structure, landward or waterward of the mean high waterline, designed for or capable of mooring a vessel, and requiring a Miaml-Dade County Class I Permit, pursuant to Chapter 24 of the Code of Miami -Dade County, including but not limited to, docks, piers, piles, boat elevators and davits. 10. Thls Restrictive Covenant shall run with the land and shall be recorded in the Public Records of Miami -Dade County, Florida, at the expense of the undersigned, and shall remain in full force and effect and be binding upon the undersigned, and their heirs, successors, grantees and assigns until such time as the same is modified in writing by the -undersigned and Miami -Dade County or released in writing by Miami - Dade County. 11. This Restrictive Covenant shall be subject to specific enforcement by Miami -Dade ,County, Florida. In the event that the provisions of the Covenant are not complied +with by the undersigned or their heirs, successors, grantees, and assigns, an action at law or in equity may be commenced by Miaml-Dade County against any person violating, causing, permitting, allowing or suffering the violation of this Covenant. IN WITNESS WHEREOF, the undersigned has caused this Covenant to be executed this day of , 200_. Witnesses: Flagstone Island Gardens, LLC, sign sign print print sign Title print Address STATE OF FLORIDA, COUNTY OFMIAMI-DADE The foregoing instrument ' was acknowledged before me this day of 2004, by as , who is personally known to me or who has produced as identification and who did take an oath. NOTARY PUBLIC: sign print State of Florida at Large (Seal) My Commission Expires: Attachments: Exhibit A: Legal Description of subject property Exhibit B: Flagstone Island Gardens Mega -Yacht Harbor Manatee Protection Plan Exhibit C: Recommendation Memorandum from Director of Environmental Resources Management