Loading...
HomeMy WebLinkAboutBack-Up DocumentsLOCATION: 2900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33137 FOLIO No.: 01-3230-013-1120, 01-3230-013-1130, 01-3230-013-1140, 01-3230-013-1150, 01-3230-013-1160, 01-3230-013-1170, 01-3230-013-1190, 01-3230-013-1200, 01-3230-013-1220 Prepared by and return recorded copy to: City of Miami Department of Resilience and Public Works Attention: Juvenal Santana, P.E., CFM Director of Public Works 444 SW 2nd Avenue, 8th Floor Miami, FL 33130-1910 COVENANT RUNNING WITH THE LAND ("COVENANT") THIS COVENANT made and entered into this 15`h day of July , 20 22, by and between OZPC NO 1 2900 BISCAYNE BLVD, LLC, A DELAWARE LIMITED LIABILITY COMPANY, (hereinafter called COVENANTOR) and the CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida, located in Miami -Dade County, hereinafter called CITY; and WHEREAS, COVENANTOR is the fee OWNER of: See attached Exhibit "A" containing a legal description of the property (hereinafter called PROPERTY); and WHEREAS, COVENANTOR has requested permission from CITY to construct and maintain nonstandard improvements described in Exhibit "B" (hereinafter collectively called "IMPROVEMENTS") within the public right-of-way on Biscayne Boulevard, adjacent to PROPERTY; and WHEREAS, Biscayne Boulevard is under jurisdiction of the Florida Department of Transportation (hereinafter called "FDOT"); and WHEREAS, FDOT is requiring that CITY act as permittee for the construction and maintenance of the improvements within FDOT right-of-way; and WHEREAS, CITY has required the COVENANTOR to execute and deliver to CITY this instrument as a condition precedent to acting as Permittee and to the granting of said permission. 1 LOCATION: 2900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33137 FOLIO No.: 01-3230-013-1120, 01-3230-013-1130, 01-3230-013-1140, 01-3230-013-1150, 01-3230-013-1160, 01-3230-013-1170, 01-3230-013-1190, 01-3230-013-1200, 01-3230-013-1220 NOW THEREFORE, in consideration of the permission by CITY to allow the construction and maintenance of the IMPROVEMENTS within the dedicated public right of way by COVENANTOR and in the further consideration of the premises, COVENANTOR does hereby covenants and agrees with CITY that COVENANTOR shall, at no cost to the CITY, remove the aforementioned IMPROVEMENTS whenever requested by, and upon thirty (30) days written notice from, the Director of the Department of Resilience and Public Works of CITY. In the event that COVENANTOR, its successors, or assigns fails to remove the IMPROVEMENTS when so requested, the Director of the Department of Resilience and Public Works of CITY shall cause the aforementioned IMPROVEMENTS to be removed at the expense of COVENANTOR; the amount of such removal cost shall be declared and established as a lien on the property of such defaulting COVENANTOR and enforced as any lien of materials furnished and work and labor done provided under the Statutes of the State of Florida, the applicable Codes of the City and the County, and the COVENANTOR voluntarily, knowingly and freely covenants and agrees that all recourse or cause(s) of action against the CITY is hereby expressly waived as to any damage caused, direct, indirect, special, consequential or otherwise, to any portion, in whole or in part, of the remainder of COVENANTOR'S improvements, resulting from the removal of the aforesaid IMPROVEMENTS from said public -Right -of -Way. COVENANTOR shall provide maintenance of the IMPROVEMENTS, in accordance with the CITY'S standards and specifications. 2 LOCATION: 2900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33137 FOLIO No.: 01-3230-013-1120, 01-3230-013-1130, 01-3230-013-1140, 01-3230-013-1150, 01-3230-013-1160, 01-3230-013-1170, 01-3230-013-1190, 01-3230-013-1200, 01-3230-013-1220 In addition, COVENANTOR agrees to accept and assume all obligations and responsibilities being assigned to CITY in that certain FDOT MAINTENANCE MEMORANDUM OF AGREEMENT (hereinafter called "MMOA"), a copy of which is attached Exhibit "C". In doing so, COVENANTOR accepts and assumes all obligations and responsibilities pertaining to the IMPROVEMENTS within the PROJECT LIMITS, as is defined by FDOT in the attached MMOA (hereinafter called "FDOT PROJECT LIMITS"). COVENANTOR shall inspect, manage and perform maintenance and repairs of all IMPROVEMENTS located within the FDOT PROJECT LIMITS. COVENANTOR shall further inspect the FDOT PROJECT LIMITS to ensure that no unpermitted IMPROVEMENTS or modifications are installed or constructed, and that any such unpermitted IMPROVEMENTS or modifications are immediately removed, or permitted in accordance with FDOT permitting requirements. Notwithstanding the foregoing, COVENANTOR shall be obligated to remove any IMPROVEMENTS or features within the FDOT PROJECT LIMITS that may cause an unsafe condition to public. COVENANTOR'S maintenance and repair obligations shall extend and include all IMPROVEMENTS, located within FDOT PROJECT LIMITS, as is further stipulated in the MMOA. COVENANTOR shall ensure that a clear pedestrian path is maintained at all time in the state right of way and easements, within the FDOT PROJECT LIMITS. For purposes of this COVENANT, the "Clear Pedestrian Path" is defined as an American Disabilities Act (ADA) compliant continuous, unobstructed way of pedestrian passage within the FDOT PROJECT LIMITS, extending horizontally five (5) feet. No IMPROVEMENTS, features, obstructions or 3 LOCATION: 2900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33137 FOLIO No.: 01-3230-013-1120, 01-3230-013-1130, 01-3230-013-1140, 01-3230-013-1150, 01-3230-013-1160, 01-3230-013-1170, 01-3230-013-1190, 01-3230-013-1200, 01-3230-013-1220 encroachments of any kind shall be permitted within the Clear Pedestrian Path at any time, except as may be required, and approved by FDOT, pursuant to the Paragraph hereunder. COVENANTOR'S responsibility and maintenance obligations hereunder shall include, but not be limited to: a. Performing routine and regular inspections of the Clear Pedestrian Path surface to ensure that the surface is ADA compliant; b. Identifying damage and/or malfunctions in the surfaces; and repairing and/or replacing damaged areas to ensure surfaces are maintained and that they do not pose safety hazards for the public. c. Ensuring that gaps within the surfaces shall not exceed a quarter (1/4) of an inch. Differential settlement within the concrete/finish surfaces shall not exceed a quarter (1/4) of an inch in depth. d. Undertaking the maintenance and repair (when needed) of proposed detectable warning surface as specified in the FDOT Plans and the latest Standard Specifications For Road And Bridge Construction and in accordance with all applicable FDOT guidelines, standards, and all applicable ADA requirements, as amended from time to time. e. When remedial action is required in accordance with the above requirements, COVENANTOR at its own expense shall complete all necessary repairs within ninety (90) days of the date the deficiency is identified. 4 LOCATION: 2900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33137 FOLIO No.: 01-3230-013-1120, 01-3230-013-1130, 01-3230-013-1140, 01-3230-013-1150, 01-3230-013-1160,01-3230-013-1170, 01-3230-013-1190, 01-3230-013-1200, 01-3230-013-1220 f. COVENANTOR is responsible for obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, and manuals, and the Project Specification and Special Provisions, as may be amended from time to time. g. Maintaining a service log of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. h. Submitting Lane Closure Requests to FDOT when maintenance activities will require the closure of the sidewalk or a traffic lane in FDOT right-of-way. Lane closure requests shall be submitted through the District Six Lane Closure Information System, to the FDOT area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. COVENANTOR shall indemnify, defend, and hold CITY, its officers and employees, harmless from any claims, demands, liabilities, losses or causes of action of any nature whatsoever arising out of the acceptance by the CITY of this Covenant and/or the use, construction, maintenance and/or removal of the IMPROVEMENTS, or any part hereof, from and against any orders, judgments or decrees that may be entered, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of such claim or in the investigation thereof. COVENANTOR shall indemnify, defend and save CITY, its officers and employees, harmless from and against any and all claims, liability, losses and causes of action, of any nature whatsoever that may arise out of the granting of this Covenant or out of COVENANTOR'S activities under this Covenant, including all other acts or omissions to act on the part of 5 LOCATION: 2900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33137 FOLIO No.: 01-3230-013-1120, 01-3230-013-1130, 01-3230-013-1140, 01-3230-013-1150, 01-3230-013-1160, 01-3230-013-1170, 01-3230-013-1190, 01-3230-013-1200, 01-3230-013-1220 COVENANTOR or any person acting for or on COVENANTOR'S behalf, and from and against any orders, judgments or decrees that may be entered, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims or in the investigation thereof or against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work or use of the right of way, even if it is alleged that the City, its officials and/or employees were negligent. Additionally, COVENANTOR shall indemnify, defend, and hold CITY, its officers and employees, harmless from any claims, demands, liabilities, losses or causes of action of any nature whatsoever arising out of the acceptance by the CITY of the MMOA with FDOT, or any part thereof or activities thereunder, from and against any orders, judgments or decrees that may be entered, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of such claim or in the investigation thereof. COVENANTOR shall keep in full force and effect, at all times during the exercise of this Covenant, a commercial general liability policy of insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, including death, and property damage. The certificate of insurance should afford coverage for premises and operations liability, products and completed operations, personal and advertising injury liability, and any other endorsements pertinent to the scope of work. The insurance should be primary and non contributory. The insurance and Covenant shall be subject to the approval of the CITY's Risk Manager and the CITY Attorney. The insurance policy shall be procured and premiums paid by 6 LOCATION: 2900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33137 FOLIO No.: 01-3230-013-1120, 01-3230-013-1130, 01-3230-013-1140, 01-3230-013-1150, 01-3230-013-1160, 01-3230-013-1170, 01-3230-013-1190, 01-3230-013-1200, 01-3230-013-1220 COVENANTORS. The effective date of the policy shall be the effective date of the Covenant, and the policy term or any renewals thereof shall remain in effect for the term of the Covenant. The insurance carrier for the policy must be rated no less than A- as to management and no less than Class (V) as to strength by the latest edition of Best's Insurance Guide and must be approved by the CITY's Risk Manager. CITY shall be listed as Additional Insured under the policy. Proof of insurance shall be supplied to the satisfaction of CITY prior to the issuance of any permits. A Certificate of Insurance bearing CITY as "Additional Insured" shall in no way relieve COVENANTORS of the obligation to add CITY as "Additional Insured" to the actual insurance policy. The insurance policy shall provide that CITY be given at least thirty (30) days advance written notice of any material changes, cancellation or non -renewal notification of any policy and, in the event of such material change, cancellation or non -renewal notification, COVENANTORS shall immediately replace said policy with another policy to the satisfaction of CITY with the receipt of a certificate of insurance for such policy by CITY at least ten (10) days prior to the effective date of the material changes, cancellation or non -renewal of any policy. In the event that CITY is not in possession of same by such date, then CITY shall have the right to immediately secure a similar insurance policy in its name with the total cost of the premium and all monies that may become due during the term of the Covenant being charged to COVENANTOR and CITY shall have the right to declare and establish said costs as a lien on the PROPERTY of COVENANTOR, enforced as any lien provided for under the statutes of the State of Florida. COVENANTOR agrees to increase from time to time, as required by the City's Code, the limits of the comprehensive liability insurance policy required to be provided pursuant to this Covenant, upon the written request of CITY. 7 LOCATION: 2900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33137 FOLIO No.: 01-3230-013-1120, 01-3230-013-1130, 01-3230-013-1140, 01-3230-013-1150, 01-3230-013-1160, 01-3230-013-1170, 01-3230-013-1190, 01-3230-013-1200, 01-3230-013-1220 It is expressly understood and agreed that this COVENANT touches and concerns the PROPERTY, and shall be binding upon COVENANTOR, and also upon grantees, heirs, successors -in -interest or assigns of COVENANTOR, and shall be a condition -implied in any conveyance or other instrument affecting the title to the aforesaid property or any portion thereof. Any notice, request, demand, approval or consent given, or required to be given, under this Covenant shall be in writing and shall be deemed as having been given when mailed by United States registered or certified mail (return receipt requested), postage paid, to the other parties at the addresses stated below or at the last changed address given by the party to be notified as hereinafter specified: COVENANTORS: OZPC NO 1 2900 BISCAYNE BLVD, LLC Attn: Jonathan Newberg 2200 Biscayne Boulevard Miami, FL 33137 CITY: THE CITY OF MIAMI Attention: Director, Department of Resilience and Public Works 444 S.W. 2nd Avenue, 8th Floor Miami, Florida 33130 COVENANTOR herein expressly acknowledge that (a) permission granted by the CITY to construct the IMPROVEMENTS on CITY public right of way is solely for the limited purposes set forth herein and does not constitute a lease and that the rights of the COVENANTOR hereunder are not those of a tenant but is a mere personal privilege to do certain acts on CITY public right of way, (b) the CITY retains dominion, possession and control 8 LOCATION: 2900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33137 FOLIO No.: 01-3230-013-1120, 01-3230-013-1130, 01-3230-013-1140, 01-3230-013-1150, 01-3230-013-1160,01-3230-013-1170, 01-3230-013-1190, 01-3230-013-1200, 01-3230-013-1220 of the CITY public right of way and can in the event of default by COVENANTOR unilaterally end the permission granted herein to COVENANTOR, without fault or breach or cause whatsoever provided, however, that notice is given to COVENANTOR and COVENANTOR has not cured the event of default within the period of time specified herein after receipt of notice and (c) COVENANTOR does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the CITY public right of way by virtue of its use hereunder or by virtue of any expenditures incurred in connection herewith. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (Whether by facsimile, PDF, or other electronic transmission), which signature shall be binding on the party whose name is contained therein. Signed, Sealed, Attested And delivered in our presence: FIRST WITNESS: COVENANTOR: OZPC NO 1 2900 BISCAYNE BLVD, LLC, Sign: A A Delaware Limited Liability Company Print Name: gtr'Ade,-,e4x.,1 Address: ,2,2.2 f40,1e4) Xs/e SECOND WITNESS: Sign: Print Name: '�,�` Address: r a -6 liyS'i1/6.2zW-1/15/? IzL STATE OF FLORIDA) COUNTY OF MIAMI-DADE) 9 By: JONTHAN NEWBERG Pre dent f LOCATION: 2900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33137 FOLIO No.: 01-3230-013- 1 120, 01-3230-013-1 130, 01-3230-013-1 140, 01-3230-013-1150, 01-3230-013-1 160, 01-3230-013-1170, 01-3230-013-1190, 01-3230-013-1200, 01-3230-013-1220 The foregoing instrument was acknowledged before me by means of ( ysical presence or ❑ online notarization, this 15 11— day of I H , 20i , A.D., by Jonathan Newberg, President of OZPC NO 1 2900 BISCAYNE BLVD, LLC, A Delaware Limited Liability Company, who is personally known to me or who has produced as identification. [Notary Seal] ILIA VALDES mi i*= MY COMMISSION #t1f4212468 `•.;••oV P° EXPIRES: January 3, 2026 10 Not y Public �r1�G1 Valdt5 Name typed, printed or stamped My Commission Expires:7qr uO'Vt tots LOCATION: 2900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33137 FOLIO No.: 01-3230-013-1120, 01-3230-013-1130, 01-3230-013-1140, 01-3230-013-1150, 01-3230-013-1160, 01-3230-013-1170, 01-3230-013-1190, 01-3230-013-1200, 01-3230-013-1220 CITY OF MIAMI a municipal Corp g ation of the State of Florida Arthur Noriega, City Manager APPROVED AS TO CONTENT: Santana, Juvenal Digitally signed by Santana, Juvenal Date: 2022.08.05 20:42:00 -04'00' Juvenal Santana, P.E., CFM Director of Public Works Department of Resilience and Public Works APPROVED AS TO INSURANCE REQUIREMENTS: Gomez Digitally signed by i Gomez, Frank Frank Date: 2022.08.29 15:41:52 -04'00' Anne -Marie Sharpe Director of Risk Management APPROVED AS TO FORM AND CORRECTNESS: ictori Mendez (22-23 ) City Attorney E M H 11 LOCATION: 2900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33137 FOLIO No.: 01-3230-013-1120, 01-3230-013-1130, 01-3230-013-1140,01-3230-013-1150, 01-3230-013-1160, 01-3230-013-1170, 01-3230-013-1190, 01-3230-013-1200, 01-3230-013-1220 EXHIBIT A SKETCH AND LEGAL DESCRIPTION 12 EXHIBIT A SKETCH TO ACCOMPANY LEGAL DESCRIPTION 8 9 0 `c LEGEND: P.B. DENOTES PLAT BOOK PG. DENOTES PAGE Q DENOTES CENTERLINE ///1 DENOTES SUBJECT PARCEL DENOTES NOT —A —PART rzz 10' BEVE 1 NE 32ND ST 0 9 7 "EXECUTIVE PLAZA" (121-87) TRACT—C m_ 9 10 8 1 2 1 2 3 44 SRO NE 31ST ST TRACT -A NE 29TH ST 10EE6 5 4 312I1.1 °AMNDED PLAT BLOqCKS 13 AND 14 BROADMQQOR" "B�OAD 0ORI" (P. B. 2, PG. 58) © PB 2, G. �7 10 (4 120 7 6 (2-37) A PORTION OF SECTION 30-53S-42E, MIAMI—DADE COUNTY, FLORIDA. Scale: 1 "=200' THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHIVSOIv, P S.M. 4775 SCALE 1 '=200' SHEET 1 OF 2 SHEETS SchweeAke- Striokla & 74444ezettea, � �•rc. LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No. �(95544)438-3288 ORDER NO. 214792 PRE AREL�%`'f/ DER_ aDERVIS10 7 DATE: MARCH 11, 2022 1 a V /MAI , THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, PRINCIPAL CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 REVISIONS Johnson ., K:\305342\CRESCENT HEIGHTS\SKETCH LEGALS\DWG\2900 BISCAYNE CIL—SKETCH AND LEGAL-03-10-2022.DWG LEGAL DESCRIPTION TO ACCOMPANY SKETCH LEGAL DESCRIPTION: l LOTS 6 AND 7, LESS THE EAST 9 FEET THEREOF, LOTS 8, 9, AND 10, BLOCK 11, BROADMOOR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LOT 5, BLOCK 11, BROADMOOR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH: LOT 4, BLOCK 11, OF BROADMOOR, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH: THE WEST 46.0 FEET OF LOT 1, AND ALL OF LOTS 2 AND 3, IN BLOCK 11 OF BROADMOOR, A SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2 AT PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH: ALL OF LOT 11 AND LOT 12, LESS THE EAST 9 FEET THEREOF, BLOCK 11, OF BROADMOOR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 37, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. NOTES: 1) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE SIGNATURE AND EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 2) THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON ONLY. THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES. 3) ORDERED BY.: 2900 BISCAYNE. THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. 4775 SHEET 2 OF 2 SHEETS S - Sitakza & 74(14-ov;ate41, _!KC. LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No. (954)438-3288 ORDER NO. 214792 DATE: MARCH 11, 2022 THIS IS NOT A " BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. LB-87 Peitia% 7fi DEyaERVISIO (iZ% % MARK STEVEN JOHNSON, PRINCIPAL FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 REVISIONS K:\305342\CRESCENT .HEIGHTS\SKETCH LEGALS\DWG\2900 BISCAYNE CIL-SKETCH AND LEGAL-03-10-2022.DWC LOCATION: 2900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33137 FOLIO No.: 01-3230-013-1120, 01-3230-013-1130, 01-3230-013-1140, 01-3230-013-1150, 01-3230-013-1160, 01-3230-013-1170, 01-3230-013-1190, 01-3230-013-1200, 01-3230-013-1220 EXHIBIT B DESCRIPTION OF NON-STANDARD IMPROVMENTS 1. PAVERS 2. IRRIGATION 3. STREET LIGHTING 4. LANDSCAPING LOCATION: 2900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33137 FOLIO No.: 01-3230-013-1120, 01-3230-013-1130, 01-3230-013-1140, 01-3230-013-1150, 01-3230-013-1160, 01-3230-013-1170, 01-3230-013-1190, 01-3230-013-1200, 01-3230-013-1220 EXHIBIT C MAINTENANCE MEMORANDUM OF AGREEMENT 16