HomeMy WebLinkAboutSubmittal-2�T M s To PE APD-_9
all of the property owners within the Fairview Subdivision. The purpose of these self locking gates is to
provide access control and pedestrian ingress and egress to the Fairview Subdivision property owners, their
pets and guests through a ten (10) foot wide private easement though the Project with access to Steel Park.
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). The form of such easement agreement is attached hereto as
Exhibit E and shall be recorded in the Public Records at Developer's expense. These four (4) foot wide
gates are not intended for use by the general public, however, the Developer shall not be responsible to
monitor the same in any way whatsoever. 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.
5. Developer shall in cooperation with the Fairview Neighbors petition the City of Miami
(the "at") 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 shall not be responsible for any of the maintenance,
repairs, or replacements associated with the items required under this section.
6. 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.
7. 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 oiiEast Glencoe Street).
8. 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. 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.
9. All of the above improvements shalLbe 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, provid d closin on a ac uisition f ` e
property set forth in Exhibit A has occurred.
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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.
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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 westem 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 SUBDMSION on or
along the streets, swails or any lots of the Fairview Subdivision, ie. ( East
Fairview Street, South Bayshore Lane and West Fairview Street ).
Submitted Into the public
record in connection with
item P2.4 on G or
Priscilla A. Tho pson
City Clerk
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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.
Kevin C. Watford
Planner II
City of Miami Planning Department
EE E-Mail: kwalford@miamigov.com WWW.177k7MigOV.COM
2__Por 444 5W 2nd Avenue, 3rd Floor, Miami, Florida 33130
fie Phone: 305.416.1473 Le, Fax: 305.416.1443
(.11 Q3' "c.cD• 44.' I cl X I it":a Inbox
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Submitted Into the public
record in connection with
item rt. LJ on 1421t424.
Priscilla A. Thompson
City Clerk
,niiiii.G414 QIAR_A A CLTISA A/1(1/1(1(1A