HomeMy WebLinkAboutExhibit 1THIS INSTRUMENT PREPARED BY:
JORGE L. FERNANDEZ, CITY ATTORNEY
CITY OF MIAMI ATTORNEY'S OFFICE
MIAMI RIVERSIDE CENTER, 9TH FLOOR
444 SW 2N1 AVENUE
MIAMI, FL 33130-1910
TAX FOLIO #
Space above this line for recording data
COVENANT
This declaration of Restrictive Covenant is made this day of 2005, by the
City of Miami (CITY), a municipal corporation of the State of Florida with offices at
3500 Pan American Drive, Miami, FL 33131,
RECITALS
WHEREAS, the City holds title to certain property in the City of Miami, Florida as
legally described on Attachment "A" (legal description of the property) and Attachment
"B" (deed to the property); and
WHEREAS, pursuant to the provisions of section 3 of the Charter of the City of Miami
and the broad powers granted to municipalities in Florida as provided in Section 2(b),
Article VII1 of the State Constitution and the Municipal Horne Rule Powers Act, the City
has the power, right and authority to grant the Covenant.
WHEREAS, on October 10, 2001 the City of Miami submitted a proposal to the State of
Florida Department of Environmental Protection (DEP) under the Recreational
Development Assistance Program Grant Program (FRDAP) requesting $200,000 to aid in
the development of an interpretative nature trail within the Ichimura Miami -Japan Garden
on Watson Island; and
WHEREAS, an award letter dated June 24, 2002 noted that this application was awarded
the full $200,000 requested; and
WHEREAS, Resolution 02-961, adopted September 11, 2002, authorized the City
Manager to execute an agreement in the amount of $200,000 with DEP for an interpretive
nature trail at the Ichimura Miami -Japan Garden on Watson Island; and
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WHEREAS, one of the requirements of said agreement is that land "which is developed
or acquired with FRDAP funds shall be dedicated in perpetuity as an outdoor recreation
site by the GRANTEE for the use and benefit of the public"; and
NOW THEREFORE THE CITY AGREES AS FOLLOWS:
Section 1. Incorporation of Recitals.
The recitals and findings set forth in the preamble of this Covenant are hereby adopted by
reference thereto and incorporated herein as fully set forth in this Section.
Section 2. Consideration.
In consideration of the financial assistance provided by the Florida Department of
Environmental Protection (DEP) Recreation Development Assistance Grant Program,
details of which are outlined in the attached project agreement (Attachment "C"), the City
agrees to file this covenant limiting the use of the project area, also referred to as the
Notice of Limitation of Use. If the City should convert any part of the project area, as
illustrated in the attached boundary map (Attachment "D"), or the facilities thereon,
whether acquired or developed with grant assistance, to other than DEP approved
recreational uses, the City agrees to replace the area and facilities at the City's expense
with a DEP approved project of comparable or greater scope and quality. In lieu of such
replacement, DEP may require the City to return grant funds disbursed to the City. Grant
funds shall be refunded with interest, calculated at two (2) percent of the prevailing prime
rate as reported by the Federal Reserve.
Section 3. Use.
The City covenants and agrees that the property shall be used as an outdoor recreation
area for the general public in perpetuity following the completion of the development of
the Nature Trail at the lchimura Miami -Japan Garden.
Section 4. Term of Covenant.
The provisions of this Covenant shall become effective upon recordation of this covenant
in the public records of Miami -Dade County, Florida. This Covenant and agreement shall
run with the Property in perpetuity.
Section 5. Recordation
This Covenant shall be recorded in the public records of Miami -Dade County, Florida, at
the sole cost and expense of the City of Miami.
IN WITNESS WHEREOF, the City and have caused the Declaration of Restrictive
Covenant to be executed by its duly authorized officers and corporate seal affixed hereto,
all on the day and year first above -written.
Signed, sealed and
delivered in our presence:
Witness
Witness
Approved as to Legal Form
and Correctness:
Jorge L. Fernandez
City Attorney
CITY OF MIAMI, a
municipal corporation of
the State of Florida
By:
Joe Arriola
City Manager
Attest:
Priscilla A. Thompson
City Clerk
State of Florida )
) SS
County of Dade )
The foregoing instrument was acknowledged before me this day of , 2005 by
as City Manager of the CITY OF MIAMI, a municipal corporation
of the State of Florida, who is personally known to me or who has produced
as identification and who did/did not take an oath.
Printed Name:
Notary Public
My Commission Expires: