HomeMy WebLinkAboutSubmittal1. Property owners of the Hiawatha Development are prohibited from using the
Unnumbered Lot (Located at the north easterly end of South Bayshore Lane, as shown on the "Fairview
Subdivision Plat" recorded in Plat Book 4, Page 176 of the Public Records of Miami -Dade County adjacent
to and in between Lot 1 of Block 1 and Lot 1 of Block 3 of the above stated "Fairview Subdivision Plat"
(approximately 22 x 35 feet in size)) for access, driveways or through streets for vehicular passage from the
Condominium into or through the Fairview Subdivision or the public streets therein including South
Bayshore Lane, East Fairview Street and West Fairview Street.
2. Developer shall erect a fence (no taller that 6 feet high) from the Hiawatha Avenue cul-
de-sac along the Southwesterly property line bordering and paralleling the Fairview Subdivision.
Developer shall also provide two (2), four (4) foot wide pedestrian gates (one at each end) located along
this fence at the place where it intersects the Unnumbered Lot at the Northeasterly end of South Bayshore
Lane located in the Fairview Subdivision. Developer shall improve the easement area with a level passage
way of pavers or concrete sidewalk (to be determined by Developer in its sole discretion). These four (4)
foot wide gates shall have a spring loaded automatic closer that also automatically lock and an electronic
key code pad on each side of the gates which code shall be provided to all of the property owners within the
Fairview Subdivision. Developer agrees to include in the declaration of condominium for the Project that
the maintenance, repairs and replacement (if applicable) of this fence, electronic gates, and easement area
shall be the responsibility of the condominium association for the Project; provided, however Developer
shall in no way be required to enforce the same nor shall Developer have any obligations or liability in the
event the condominium association for the Project fails to maintain the same.
3. Developer shall in cooperation with the Fairview Neighbors petition the City of Miami
(the "City") to dedicate that portion of the Unnumbered Lot (approximately 20ft. x 35ft.) as a mini -
neighborhood public park. If such petition is successful, Developer agrees to donate as a gift to the City the
following improvements to the Unnumbered Lot: (i) install landscaping (to be determined by Developer in
its sole discretion, but no hedges shall be installed on the easement or the Unnumbered Lot); (ii) install one
(1) exterior lighting pole (to be selected at Developer's sole discretion) (which shall go on automatically at
dusk and off during the day); (iii) install one (1) park bench with backrest made of recycled poly vinyl
materials; (iv) raise the elevation, grade, storm drain, and provide drainage as required by the City of
Miami and/or Miami -Dade County (the "County"); (v) install new sod; (vi) install sprinklers; (vii) install
one (1) outdoor water drinking fountain; (viii) install one (1) vinyl coated wire mesh trash bin; (ix) install
one (1) plastic bag dispenser (for dog defecation clean-up); and (x) install one (1) small sign that instructs
walkers of dogs to clean up after their dogs. Developer agrees not to install any hedges within Mini
Fairview Subdivision Park. Developer shall not be responsible for any of the maintenance, repairs, or
replacements associated with the items required under this section. Developer shall improve the easement
area with a level passage way of pavers or concrete sidewalk (to be determined by Developer in its sole
discretion). Developer agrees not to install any hedges within the easement area.
4. Developer shall in cooperation with the Fairview Neighbors petition the City and the City
Planning & Parks Department to bring Steel Park numerous improvements. If such petition is successful,
Developer agrees to donate as a gift to the City the following improvements to Steel Park: (i) raising the
height of the park's elevations and storm drains; (ii) adding several large shade trees; (iii) replacing and
installing at least four (4) new eight (8) foot long picnic tables with attached benches and three (3)
additional benches with back supports all made of recycled poly vinyl type materials; (iv) installing
adequate lighting by adding at least four (4) automatic lights that turn on at dusk and turn off by 11:00 p.m;
(v) installing three (3) vinyl coated wire mesh trash bins; (vi) installing three (3) plastic bag dispensers (for
dog defecation clean-up); (vii) installing three (3) small signs that instructs walkers of dogs to clean up
after their dogs; (viii) install sprinklers; and (ix) installing one (1) outdoor water drinking fountain.
Developer agrees not to install any hedges within Steel Park. Developer shall not be responsible for any of
the maintenance, repairs, and/or replacements associated with the items under this section.
5. Developer agrees that the Project shall have a maximum of nineteen (19) residential
condominium units and three (3) R-1 homes (plus three (3) additional R-1 homes adjacent to the project
and located on West Glencoe Street). s u BM 1TTE D NTO T H E
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6. Developer agrees to dig as many on site deep dry wells as are required by the City and
County in order to provide maximum absorption of water and rain drainage to be kept on the Project's
property and off of the Fairview Subdivision as reflected in Plat Book 4, Page 176 of the Public Records of
Miami -Dade County. These drainage dry wells shall also be incorporated into the site plans for the Project
submitted to the City's and County's Building and Permitting Departments, if applicable.
7. Developer agrees to that the above improvements shall be completed prior to the
Developer receiving Certificates of Occupancy for its units within the Project, or within six months from
the expiration of all appeal periods on the MSUP and Variance, whichever is earlier, provided closing on
the acquisition of the property.
8. Developer, being the owner of the Easement Area (as hereafter defined), hereby grants,
declares and establishes a perpetual, non-exclusive easement for pedestrian ingress, egress and passage
upon, over, across, along and through that certain portion of property [A ten foot wide strip of land, being a
part of the Hiawatha Village Project, running 110 feet more or less along its most western property line,
starting at Southwesterly of the sidewalk and cul de sac, at the end of the City Street known as Hiawatha
Avenue, and said strip of land running 110 feet more or less southeasterly parallel and adjacent to the
Northeastern lot lines of lots (2) and (1) of block one and also along the parallel and adjacent north easterly
property line of the unnumbered lot width (being 21.5ft.), (and said easement ending at the most easterly
corner of the unnumbered lot) which is located between lot 1 of block 1 and lot 1 block 3 of the Fairview
Subdivision according to the Plat thereof recorded in Plat Book 4, Page 176 of the Public Records of
Miami -Dade County] to and for the benefit of all private owners within the Fairview Subdivision, their
successors, assigns and guests. This easement is granted to all lot owners and property owners of said lots
(except the City of Miami) as set forth on the Plat of the "Fairview Subdivision," recorded in Plat Book 4,
Page 176, of the Public Records of Miami -Dade County, Florida. The condominium association to be
created for the Hiawatha Village Project shall be responsible for the maintenance of the Easement Area and
the costs associated therewith.
9. Developer agrees, that during and throughout all the phases of this development and until
the completion, of this development, the Developer shall put in his service and construction contracts with
all suppliers of all materials including construction materials and services, any and all contractors, sub-
contractors their employees, delivery personnel, service suppliers, construction workers, his employees or
any other persons doing business with the building of this Hiawatha Village Project shall not be allowed to
deliver from or park any vehicles or equipment within the FAIRVIEW SUBDIVISION on or along the
streets, swails or any lots of the Fairview Subdivision, ie. ( East Fairview Street, South Bayshore Lane and
West Fairview Street ).
10. Developer agrees, that if necessary, they shall pay for and set up a Shuttle service to and
from this Hiawatha Construction Project to a larger public parking lot / facility in the nearby area.
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Submitted Into the public
record in connection w'th
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Priscilla A. Thompson
City Clerk