HomeMy WebLinkAboutExhibitEXHIBIT "A"
COVENANT RUNNING WITH THE LAND IN FAVOR
OF MIAMI-DADE COUNTY, FLORIDA, REQUIRING
INSTITUTIONAL CONTROLS AND ENGINEERING
CONTROLS, OR BOTH, AT REAL PROPERTY
LOCATED AT 1855 N.W. 15TH AVENUE, MIAMI,
MIAMI-DADE COUNTY, FLORIDA.
The undersigned, The Related Companies of Florida, Inc., as the General Partner
of Civic Tower Associates, Ltd., being the owner of a parcel of real property legally
described as set forth in Exhibit A, attached hereto and incorporated herein by reference,
and located at 1855 N.W. I5`h Avenue, Miami, Miami -Dade County, Florida, and
furthermore identified for ad valorem tax purposes by all or part of Folio Number 01-
3135-069-0200 (hereinafter referred to as the "Property"), hereby creates a covenant
pursuant to Section 24-11.1(2)(1)(2) of Chapter 24, Code of Miami -Dade County,
Florida, on behalf of the undersigned owners, heirs, successors, grantees and assigns,
running with the land to and in favor of Miami -Dade County, a political subdivision of
the State of Florida (hereinafter referred to as the "County"), its successors, grantees and
assigns, pursuant to Section 24-11.1(2)(J)(2) of Chapter 24 of the Code of Miami -Dade
County, Florida, with respect to the Property as follows:
The undersigned owners covenants and agrees to the following:
A. The owner(s) of the Property has (have) elected to implement institutional and, if
applicable, engineering controls, or both, on the Property to obtain approval for a
no further action with conditions proposal pursuant to Section 24-11.1(2)(J)(2) of
Chapter 24 of the Code of Miami -Dade County, Florida. The institutional and, if
applicable, engineering controls, or both, that are applicable to the Property have
been initialed as set forth below. These institutional and, if applicable,
engineering controls afford a level of protection to human health, public safety
and the environment that is equivalent to that provided by Section 24-
11.1(2)(E)(1) and Section 24-11.1(2)(E)(2) of Chapter 24, Code of Miami -Dade
County, Florida. The applicable institutional and engineering controls are set
forth as follows:
1, The Property shall not be used for residential purposes.
2. X The Property shall not be used for a children's nursery, children's day care
center, children's school, children's camp, or any other similar facility.
3. X Groundwater from the Property shall not be used for drinking water
purposes.
4. X Groundwater from the Property shall only be withdrawn for monitoring of
pollution.
5. X Contaminated soil, as delineated in the Site Assessment Report dated
and approved by the Director of the Miami -Dade County
Department of Environmental Resources Management, its successors or
its assigns, shall not be removed from the Property without prior written
approval of the Miami -Dade County Department of Environmental
Resources Management, its successors or its assigns. The Site Assessment
report is summarized in attachment A.
6. Other applicable institutional controls as set forth below:
(There may be a reference here to the Covenant).
2
7. X Engineering control(s), detailed in the Engineering Control Plan dated
and approved by the Director of the Miami -Dade County
Department of Environmental Resources Management, its successors or
its assigns. The Engineering Control Plan is summarized in attachment B.
B. Prior to the entry into a landlord -tenant relationship with respect to the Property,
the undersigned agree(s) to notify in writing all proposed tenants of the Property
of the existence and contents of this Covenant.
C. Far the purpose of inspecting for compliance with the institutional and, if
applicable, engineering controls, or both, contained herein, the Miami -Dade
County Department of Environmental Resources Management, its successors or
its assigns, shall have access to the Property at reasonable times and with
reasonable notice to the owner(s) of the Property. In the event that the Property
owner(s) does (do) not or will not be able to comply with any of the institutional
and, if applicable, engineering controls, or both, contained herein, the Property
owner(s) shall notify in writing the Miami -Dade County Department of
Environmental Resources Management, its successors or its assigns, within three
(3) calendar days.
D. This Covenant may be enforced by the Director of the Miami -Dade County
Department of Environmental Resources Management, its successors or its
assigns, by permanent, temporary, prohibitory, and mandatory injunctions as well
as otherwise provided for by law or ordinance.
E. The provisions of this instrument shall constitute a covenant running with the land
and shall remain in full force and effect and be binding upon the undersigned,
their heirs, legal representatives, estates, successors, grantees and assigns unti 1 a
release of this Covenant is executed and recorded in the Public Records of Miami -
Dade County, Florida.
F. Upon demonstration to the satisfaction of the Director of the Miami -Dade County
Department of Environmental Resources Management, its successors, or its
assigns, that the institutional and, if applicable, engineering controls are no longer
necessary because the criteria set forth in Section 24-11.1(2)(1)(1) of Chapter 24,
Code of Miami -Dade County, Florida have been met, the Director of the Miami -
Dade County Department of Environmental Resources Management, its
successors or its assigns, shall, upon written request of the owner(s), release this
Covenant.
G. The undersigned owner(s) shall notify the Director of the Miami -Dade County
Department of Environmental Resources Management, its successors or its
assigns, within thirty (30) days of any conveyance, sale, granting or transfer of the
Property or portion thereof, to any heirs, successors, assigns or grantees,
including, without limitation, the conveyance of any security interest in said
Property.
4
IN WITNESS WHEREOF, the undersigned, being the owner(s) of the Propeiiy,
agree(s) to the provisions of this Covenant, hereby create same as a Covenant Running
with the Land in favor of Miami -Dade County, Florida, and set their hands and sea] unto
this Covenant this
CORPORATION
WITNESSES:
day of
WITNESSES:
si The Rel
print Sc -Tammasina sign
sign -j,G., ,,.Z-r;, print Matthew J. Allen
print fie Ge rbcr Title Vice President ;;
sign
print
STATE OF FLORIDA
COUNTY OF MIAMI-DARE
ida, Inc.
Address 315 saraj, f3/' Aybe 131td.)
rniorlfjFt. 33131
(corporate seal)
The foregoing instrument was acknowledged before me this 3 I S+ day
of oC-#obey , goo& by /r)644 Hew Alieh , as
urre of The Reinke( Gorr nter,_ ur 6/airgQ, , Inc., a
Florida corporation, on behalf of the corporation. He or she is personally known to me or
has produced as identification and who take an oath.
ELBA RIVERA
commie D004t2214
Expir.a 622/7009
S Bonded uin)f600)4324254
k!nlary Assn Inc,
MIA 1770130660 ID/17120065AVAGEP1084009680D
NOTARY PUBLIC:
sign
print 6.k bn,
State of Florida at Large (Seal)
My Commission Expires: g:/"2e/?oa 9
5