HomeMy WebLinkAboutExhibit 1This instrument was prepared by:
Debra Herman, Esquire
County Attorney's Office
Miami -Dade County
111 N.W. 1S1 Street, 28t'' Floor
Miami, Florida 33129
Rickenbacker Causeway / Virginia Key
-(SPACE ABOVE THIS LINE RESERVED FOR RECORDING DATA)
DECLARATION OF RESTRICTIONS
WHEREAS, Miami -Dade County (the "County"), a political subdivision of the State of
Florida, has conveyed to the City of Miami, (the "City") a municipal corporation of the State of
Florida, real property, located in Miami -Dade County (the "Property"). The legal description of
the Property is:
SEE EXHIBIT A
WHEREAS, the City hereby acknowledges and agrees that this Declaration of
Restrictions (hereinafter 'Declaration") was an inducement and part of the consideration for the
County to convey the Property to the City.
NOW THEREFORE, in order to assure the County that the representations made by the
City will always be abided by, the City, for sufficient consideration, makes the following
Declaration covering and running with the Property.
The City hereby agrees and stipulates as follows:
Permitted Use of the Property. The Property shall solely be used for the construction,
operation and ongoing maintenance of a public municipal parking garage, (the "Garage"), and
for no other purpose, as evidenced by a final certificate of occupancy or its equivalent within five
(5) years of the date of the conveyance of the Property.
County Inspection. It is hereby agreed that the County, or its duly authorized agents, shall
have the right at any time during normal working hours of entering and inspecting the Property,
to determine whether the requirements herein are being fully complied with.
Covenant Running with the Land. This Declaration shall constitute a covenant running with
the land on the Property, and shall be recorded in the public records of Miami -Dade County,
Florida, and shall remain in full force and effect. The City agrees that acceptance of this
Declaration is legally binding upon them, and does not in any way obligate or provide a
limitation on the County.
Assignment, Lease or Subsequent Conveyance. The City shall not assign, lease or convey the
Property to any person or entity. N.0 vitf ;tan rg, the i%Y sh ill have the,riahi o'. asaigi:'the
\/y 4=I 13-33(0
apeiational dutids trf tfie Crarage to tlt i gptittm nt of jiff txeet rkYng 1� IvIiatt Parking
Authority: whi l and leasuig •of y #141147 reel. spie.
Modification, Amendment, Release. This Declaration may not be amended or released without
the written consent of Miami -Dade County, in its sole and absolute discretion.
Authorization for Miami -Dade County to Reacquire the Property. In the event any of the
terms or covenants of this Declaration are not being complied with, the Property shall
immediately revert to the County, upon sixty (60) day written notice provided by certified mail
by the County to the City, and the City's continued failure to cure any non-compliance.. The
reverter shall immediately become effective sixty (60) days upon the date that written notice is
received by the City (the "effective reverter date"), should the City fail to cure any non-
compliance, in the County's sole discretion (the "effective reverter date"). The County shall
have the right to immediate possession of the Property, with any and all improvements thereon,
at no cost to the County, on the effective reverter date. Notwithstanding, in the event of such a
reverter, the City shall have the obligation, at the County's election, to either 1) restore the
Property, at the City's sole cost and expense, including any cost of demolition and removal of
improvements constructed thereon by the City, or 2) to pay the County for the cost of such
restoration. The determination of whether the Property has been adequately restored shall be
determined in the County's sole discretion. In the event that the County exercises the reverter,
upon written request, the City shall immediately provide the County with a deed of conveyance
of the Property back to the County. These rights shall be in addition to any other remedy that the
County may have herein and/or at law or in equity.
Restrictions, Reservations and Conditions. This conveyance is being made subject to the
following conditions, reservations, and restrictions, which, in addition to the other provisions
herein, shall be a basis for exercise of the County's right of reverter, as follows:
1. Physical construction of the parking garage shall commence no later than four (4)
years from the date of conveyance of the Property, as evidenced by physical vertical
construction.
2. Construction of the parking garage shall be completed, as evidenced by a
certificate of occupancy or equivalent document no later than five (5) years from the date of
conveyance of the Property.
3. No improvements shall be constructed on the Property that will result in a net loss
of drainage capacity for the Rickenbacker Causeway, as determined in the County's sole
discretion.
4. Prior to commencing construction, the City shall be required to submit to the
County a landscaping mitigation and replacement plan acceptable to the County in its sole
discretion, as evidenced by written approval from the County. The City shall implement the
landscaping mitigation and replacement plan no later than the issuance of the certificate of
occupancy.
5. Prior to commencement of construction, the City shall provide the County with a
traffic study which identifies any negative impact on traffic flow and/or upon pedestrian and
vehicular traffic safety. The City shall be required, at the County's election to either pay for any
necessary mitigation or improvements with regard to traffic, as determined in the County's sole
discretion, or to construct such improvements prior to completion of construction.
6. Prior to the commencement of construction, any binding determination by a
governmental or zoning authority that a public municipal parking garage cannot be constructed
on the Property, the County may exercise its reverter.
7. Any other restriction set forth as a basis for the reverter in the County Deed.
8. Any use of the Property for any purpose other than the construction, operation,
and maintenance of a public municipal parking garage, as determined in the County's sole
discretion.
Election of Remedies. All rights, remedies, and privileges granted herein shall be deemed to be
cumulative and the exercise of any one or more shall neither be deemed to constitute an election
of remedies, nor shall it preclude the party exercising the same from exercising, at will, such
other additional rights, remedies, or privileges.
Severability. Invalidation of any one of these covenants, by judgment of a court, shall not affect
any of the other provisions which shall remain in full force and effect. However, if any material
portion is invalidated, Miami -Dade County shall be entitled to reacquire the Property predicated
upon the invalidated portion of this Declaration as a result of its reversionary interest in the
Property. The County Deed and this Declaration of Restriction are intended to be read together,
and construed broadly, for the benefit of the County. No protection or provision in one that
serves to benefit the County, shall be construed as limiting any other protection or provision that
benefits the County.
Recording. This Declaration shall be filed in the public records of Miami -Dade County, Florida
by the County immediately following the conveyance of the Property to the City. This
Declaration shall become effective immediately upon recordation. This Declaration shall be
filed on thedate the Property is conveyed to the City.
Acceptance of Declaration. The City acknowledges that acceptance of this Declaration does
not obligate Miami -Dade County in any manner, and does not entitle the City to favorable
approval of any application, zoning or otherwise, and that the County retains its full power and
authority to accept or reject any application, in whole or in part.
Incorporation of Recitals. The City hereby agrees that all recitals in this Declaration are hereby
true and correct, and are incorporated into this Declaration.
(The remainder of this page is intentionally blank.)
IN WITNESS WHEREOF, the City has
respective and duly authorized representative
and it intends to be legally bound hereby to all
ATTEST:
Todd B. Hannon
City Clerk
Witnessed:
STATE OF FLORIDA
COUNTY OF MIAMI-DARE )
caused this Declaration to be executed by its
on this day of , 2013,
of the terms and conditions of this Declaration.
CITY OF MIAMI, FLORIDA,
a municipal corporation of the State of Florida
by its City Manager
By:
Johnny Martinez
City Manager
I HEREBY CERTIFY, that on this day of , A.D. 20
before me, an officer duly authorized to administer oaths and take acknowledgments personally
appeared JOHNNY MARTINEZ and TODD B. HANNON, personally known to me, or proven,
by producing the following identification: to
be the City Manager and City Clerk of the City of Miami, a municipal corporation under the laws
of the State of Florida, and in whose name the foregoing instrument is executed and that said
officers severally acknowledged before me that they executed said instrument acting under the
authority duly vested by the City of Miami and its Corporate Seal is affixed thereto.
WITNESS my hand and official seal in the County and State aforesaid, the day and year
last aforesaid.
Notary Signature.
APPROVED FOR FORM AND LEGAL SUFFICIENCY
By:
Name:
Title: Assistant County Attorney
LEGAL DESCRIPTION
(FEE SIMPLE)
A portion of Rickenbacker Causeway located in Section 17, Township 54 South, Range
42 East, on the Island of' Virginia Key, of unincorporated Miami -Dade County, Florida,
more particularly described as follows:
Commence at the one inch diameter iron pipe set in concrete marking the point of
intersection of the centerline of Rickenbacker Causeway with the South line of said
Section 17, said point of intersection lying N 89°56'45" W, at a record distance of
2649.97 from the Southeast comer of said Section 17; thence, run N 45°22'07" W along
the centerline of Rickenbacker Causeway for 3692.72 feet to a point of intersection with
the West line of said Section 17 and the municipal limits of the City of Miami; thence
N00°O0'23"W along said West line of Section 17 and municipal limits for 189.72 feet to
the POINT OF BEGINNING hereinafter referred to as "Point A" which is on a line
135.00 feet Northeasterly of the centerline of Rickenbacker Causeway as measured
perpendicular thereto; thence continue N 00°00'23" W along said West line of Section 17
and municipal limits for 91.35 feet to a corner of the municipal limits of the City of
Miami on the Northeasterly right-of-way line of Rickenbacker Causeway; thence
S45°22'07"E, along said municipal limits and Northeasterly right-of-way line which is
parallel to and 200.00 feet Northeasterly of the centerline of Rickenbacker Causeway as
measured perpendicular thereto, for 264.73 feet; thence S 44°37'53" W, perpendicular to
said centerline, for 65.00 feet; thence N 45°22'07" W, along a line that is parallel to and
135.00 feet Northeasterly of said centerline as measured perpendicular thereto, for 200,55
feet to the POINT OF BEGINNING; containing 15,121 square feet, more or less.
-AND-
A' portion of Rickenbacker Causeway located in Section 18, Township 54 South, Range
42 East, on the Island of Virginia Key, within the corporate limits of the City of Miami in
Miami -Dade County, Florida, more particularly described as follows:
BEGIN at the previously described "Point A"; thence run N 00°00'23" W along the East
line of Section 18 and the municipal limits of the City of Miami for 91,35 feet to a corner
of the municipal limits of the City of Miami on the Northeasterly right-of-way line of
Rickenbacker Causeway; thence N 45°22'07" W along said Northeasterly right-of-way
line which lies 200.00 feet Northeasterly of and parallel to the centerline of Rickenbacker
Causeway for 162.13 feet; thence S 44°37'53" W, perpendicular to said centerline, for
65.00 feet; thence S 45°22'07" E, along a line that is parallel to and 135.00 feet
Northeasterly of said centerline, for 226.31 feet to the POINT OF BEGINNING;
containing 12,624 square feet, more or less.
EXHIBIT "A"
Municipal Parking Gra-age
Rickenbacker Causeway
Virginia ICey
SEC 17&18
TWP 54 S
RGE42E
•
•
5'Y
9� \
SECTION LINE
& CITY LIMITS
LEGEND
RIGHT OF WAY UNE
o CITY LIMITS UNE
CENTER UNE
BOUNDARY LINE
SECTION LINE
(PCB) POINT OF BEGINING
(POC) POINT OF COMMENCEMENT
CENTER UNE
REFERENCES: F.B. 7201, PG. 10
F.B. 224, PG. 6
0.9. 2220, PG. 545
ILL -DADS COUNTY PUBLIC TODKS AND
WASTE IMANAGEICZNT DM.
LAND DEVELOPMENT/RIGHT 0P TAY DIVISION
ENGINEERING SECTION
CV CV
1-
1!I !n
00 r
CJ CJ
V) V)
0
0
MIAMI-DADE
POC
u+•a eur1,
Becr l.. ► °��� •..
LOCATION MAP
NOT TO SCALE
2549,94'(O.R.B, 11434, PG. 234)
N89'56'45"W 2549,97' (R)
1' I.P. IN
CONC.
ti SOUTH UNE OF/ SECTION 17-54-42
A PORTION OF RICKENBAKER CAUSEWAY
ON VIRGINIA. KEY
J
TO BE CONVEYED
EXHIBIT "B"
S.E. CORNER
SECTION
17-54-42
THIS IS NOT A SURVEY
0 75 150 300
MUM
SCALE: 1" = 150'
MIAM1-DADE
SCALE 1" = 100'
PREPARED BY: L.E.
DATED: 01-02-12