HomeMy WebLinkAboutExhibit 1RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF
MIAMI-DADE COUNTY
The undersigned, City of Miami, being the present owner of the following real property
(hereinafter called "the Property"), lying, being and situated in Miami -Dade County,
Florida, to wit:
[Exhibit A]
pursuant to Chapter 24 of the Code of Miami -Dade County, Florida hereby proffers this
executed Restrictive Covenant Running with the Land in Favor of Miami -Dade County,
Florida as part of Miami -Dade County Department of Regulatory and Economic
Resources Class I Permit Application Number 2011-CLI-PER-00176:
1. The owner covenants to Miami -Dade County that the following areas on the Property
shall be considered "Mitigation Areas" and be preserved and managed such that they
are not disturbed or removed, and shall remain free from invasive and exotic
vegetation for the life of this Covenant:
a) All mangroves remaining on the Property after the work approved pursuant to
Class I Permit 2011-CLI-PER-00176 has been properly completed, as
determined by the Director of the Miami -Dade County Department of
Regulatory and Economic Resources or the Director's designee.
b) The mangrove planting areas as shown on the site plan attached hereto as
Exhibit B and incorporated herein by reference.
2. There shall be no work in within the "Mitigation Areas", including, but not limited to,
trimming or cutting of any mangroves or buttonwoods, without first obtaining a Class
I permit.
3. Mooring of vessels along the southwest bank of the canal is prohibited
4. For the purposes of this Restrictive Covenant, "vessel" is herein defined as any water
craft designed to float or navigate on water, including, but not limited to: sailboats,
powerboats, rowboats, ships, boats, skiffs, houseboats, and inflatable boats.
5. The owner covenants and represents that any and all persons holding a security
interest of any kind whatsoever in the Property has been advised of, and has agreed
to, the execution of this Covenant Running with the Land.
6. The owner shall notify Miami -Dade County in writing not later than thirty (30) days
after any conveyance, sale, grant or transfer of the Property or any portion thereof, to
any heirs, successors, assigns or grantees.
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Page 2 of 3
7. The term Owner shall include the Owner, and its heirs, successors and assigns.
8. The undersigned agree(s) and covenant(s) that approval of this Restrictive Covenant
neither authorizes nor constitutes a permit of any kind for work in wetlands or tidal
waters at the Property.
9. This Restrictive Covenant shall run with the land and shall be recorded in the Public
Records of Miami -Dade County, Florida and shall remain in full force and effect and
be binding upon the undersigned, and their heirs, successors, grantees and assigns
until such time as same is modified or released in writing by Miami -Dade County
pursuant to the provisions of Section 24-48 of the Code of Miami -Dade County.
10. The Restrictive Covenant and the provisions contained herein may be enforced
against any person permitting, allowing, letting, causing or suffering any violation of
the terms of this Restrictive Covenant by the Department of Regulatory and
Economic Resources Department, or its successor, by temporary, permanent,
prohibitory, and mandatory injunctive relief as well as otherwise provided by law or
ordinance and also may include an action for and to recover civil penalties, damages,
costs and expenses, and attomey's fees in favor of Miami -Dade County against said
person(s) as authorized by law or ordinance. All of the remedies provided herein shall
be deemed to be independent and cumulative and shall be deemed to be supplemental
to any remedies provided by law or ordinance.
11. No cancellation, revision, alteration or amendment of the Covenant shall be effective
without prior approval from Miami -Dade County pursuant to the provisions of
Section 24-48 of the Code of Miami -Dade County.
12. This Covenant is to run with the land and shall be binding on all parties and all
persons claiming under it for a period of thirty (30) years after the date this Covenant
is recorded, after which time it shall be extended automatically for successive periods
of ten (10) years each, unless the Covenant is modified or released by Miami -Dade
County.
Page 3 of 3
IN WITNESS WHEREOF, the undersigned have caused this Covenant to be executed
this day of , 201_.
Witnesses: Property Owner
sign sign
print print
Johnny Martinez, P.E.
sign Title City Manager
print Address 444 SW 2nd Ave loth Floor
Miami, FL 33130
STATE OF FLORIDA, COUNTY OF DADE
The foregoing instrument was acknowledged before me this
day of , 201_. by as
, who is personally known to me or who has produced
as identification and who did take an oath.
NOTARY PUBLIC:
sign
print
State of Florida at Large (Seal)
My Commission Expires:
Exhibit A
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ROCKERMAN CANAL - WEST END
ROCKERMAN CANAL - EAST END
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,:
Rockerman Shoreline
Stabilization & Canal
Improvements Project
Ro&erman Road
Miami, FL, 33133
CLIENT:
City of Miami
3500 Pan American Drive
Miami. FL 33133
ENVIRONMENTAL CONSULTANT:
OCEAN
CONSULTING, LLC
340 Minorca Avenue, Smite S
Coral Gable.. Florida 33134
Tel: (303) 921.9344
Fax: (305) 677-3254
CONTRACTOR:
PROJECT ENGINEER:
SEAL / SIGNATURE / DATE
PERMIT SKETCH
Issue # Issue Date
lD February 12, 2013
PROJECT: 5-205
PROPOSED GENERAL
PLAN VIEW
SCALE : AS SHOWN
SHEET NO.
S-1