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Home My WebLink AboutExhibitHADLEY PARK YOUTH CENTER, ID# 21107a COVENANT RUNNING WITH THE LAND IN LIEU OF UNITY OF TITLE KNOW ALL BY THESE PRESENTS that the CITY OF MIAMI, a Florida municipal corporation, hereinafter designated as the ("Owner") hereby makes, declares and imposes on the land herein described, these easements and covenants running with the title to the land, which shall' be binding on the Owner, all heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; WHEREAS, the Owner holds the fee simple title to the land in Miami -Dade County, Florida ("County"), described in Exhibit "A," attached hereto and hereinafter called the "Property;" WHEREAS, the Owner may wish to convey portions of the Property from time to time, or may wish to develop the same in phases or stages, and is executing this instrument to assure the County that the development will not violate the zoning code of the municipality wherein the Property is located when it is so developed; WHEREAS, the Owner desires that it be allowed to operate and maintain a private sanitary sewer system and associated other facilities, including gravity sewer lines, from which the Property shall be connected to the sanitary sewer system owned and operated by the County; and in consideration of providing said services at a substantial savings to the Owner by allowing new connection to private facilities within the Property rather than requiring that the connections be made directly to facilities of the County within dedicated rights -of -way or easements, the Owner agrees to restrict the use of the Property as described herein; and WHEREAS, the County wishes to ensure that a single entity shall be responsible for operating and maintaining in good working order the private sanitary sewer system and other associated facilities serving the Property. NOW THEREFORE, in consideration of the premises, the Owner hereby freely, voluntarily and without duress agrees as follows: 1. This covenant ("Covenant") on the part of the Owner shall constitute a covenant running with the land and will be recorded, at the Owner's expense, in the public records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the Owner's heirs, successors andassigns until such time as the same is released in writing as hereinafter provided. HADLEY PARK YOUTH CENTER, ID# 21107a 2. The Owner shall be responsible for operating and maintaining the private sanitary sewer system facilities serving the Property, including, but not limited to all pipes and appurtenances until such time as the Owner has established a master association ("Association") created for the entire Property which provides for the operation and maintenance of the private sanitary sewer system, and the Association assumes such responsibility, provided that the Owner may elect not to establish an Association. At such time as the Association assumes such responsibility, the Owner shall only be responsible for the obligation to maintain the system to the extent the Association fails to perform such maintenance responsibilities. This Covenant shall not preclude the Association from maintaining other common areas of the development. This shall not preclude individual owners or associations for each phase or stage from maintaining their own buildings or other own common areas so long as said owners or associations, or members thereof, are members of the Association and each such owner or association, or members thereof, are required hereby to be members of the Association. 3. The Owner shall obtain from all governmental agencies the necessary permits and approvals for construction of the private sanitary sewage system to be installed on the Property. After a permit has been issued, the Owner will cause to be constructed or installed a private sanitary sewage system on the Property which shall at all times remain the sole, complete and exclusive property of the Owner, and under the control and operation of the Owner, its successors and/or assigns, until such time as the Association has been established and the system has been conveyed to the Association. The Owner and/or Association shall have the authority to impose assessments against properties within the Property for the operation and maintenance of the private sanitary sewer system, and to impose liens on properties within the Property failing to make timely payments of required assessments. 4. The Owner or Association, as applicable, shall be solely responsible for operating and maintaining all portions of the private sanitary sewer system serving the Property in an efficient manner and in complete compatibility with the County's system. The Owner or Association, as applicable, shall make, at its sole expense, any reasonable changes or additions to keep the private system compatible with the County's system. The Owner or Association, as applicable, shall prevent said private sanitary sewage system from being a nuisance or detrimental to public health or safety. The Owner or Association, as applicable, shall ensure that all necessary permits for said system are obtained, and for ensuring that the requirements of such permits are at all times complied with. Nothing contained herein shall be construed as waiving the requirement that the Owner or Association, as applicable, complies with any provision of the Code of Miami -Dade County, or waiving any such provision with respect to the development. 5. In the event multiple ownerships are created subsequent to the recording of this Covenant, each of the subsequent owners, mortgagees, heirs, assigns and other parties in interest of the Property shall be bound by the terms, provisions and conditions of this Covenant. -2- HADLEY PARK YOUTH CENTER, ID# 21107a 6. Where necessary, and to the extent necessary, the Owner hereby reserves easements and hereby grants reciprocal cross -easements to the owners or associations of each phase or stage of development, in and over the Property for utilities, water and sewer lines so that the integrity of the development shall be maintained. The Association shall be allowed use of these easements to maintain the private sanitary sewer system. 7. As further part of this Covenant, it is hereby understood and agreed that any official inspector of Miami -Dade County, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and investigating the use of the premises to determine whether or not the requirements of the building and zoning regulations, the environmental and resource management requirements, and the conditions herein agreed to are being complied with. 8. The provisions of this Covenant shall become effective upon their recordation in the public records of Miami -Dade County, Florida, and shall continue in full force and effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the Director of the Miami -Dade Water and Sewer Department, or his successor. 9. The provisions of this Covenant may be released, amended, or modified from time to time by recorded instrument by the then Owner or Owners of all of the Property, with joinders by all mortgagees, if any, (or if any portion of the Property has been submitted to the condominium form of ownership, then by the association established to operate the condominium in lieu of all of the owners thereof and in lieu of the joinder of any mortgagee(s) if there are any mortgages on the Property) provided that the same is also approved in writing by the Director of the Miami -Dade County Water and Sewer Department, or his successor. Should this Covenant be so released, amended or modified, the Director of the Miami -Dade County Water and Sewer Department, or his successor, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 10. The Owner further agrees that the conditions, restrictions, and limitations herein shall be deemed covenants running with the land and shall remain in full force and effect and be binding upon the undersigned, its successors and assigns, until such time as the same may be released in writing by the Director of the Miami -Dade Water and Sewer Department, provided, however, that said release shall only be executed when additional sewer facilities within dedicated rights -of -way or easements have been properly constructed at no cost to the County, so that all portions of the Property can be served from adjacent and abutting sewer facilities. 11. Enforcement shall be by action against any parties or persons violating or attempting to violate any of these covenants. The prevailing party in any action or suit arising out of or pertaining to this Covenant shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may determine to be reasonable for the services of his attorney. This enforcement provision is in addition to any other remedy at law, in equity or both. -3- HADLEY PARK YOUTH CENTER, ID# 21107a 12. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions, which shall remain in full force and effect. 13. 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 such other additional rights, remedies or privileges. 14. In the event of a violation of this Covenant, in addition to any other remedies available, Miami -Dade County is hereby authorized to withhold any future permits, and refuse to make any inspections or grant any approval, until such time as this Covenant is complied with. 15. The Owner does hereby fully warrant that it has good title to the Property and that it has full power and authority to execute this Covenant. 16. Nothing herein shall preclude the County from requiring additional covenants on the Property, and any such additional covenants, whether entered into prior to or subsequent to the effective date of this instrument shall remain in full force and effect. This instrument prepared by: Douglas Pile, Esq. New Business Contract Officer Miami -Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146-2221 -4- HADLEY PARK YOUTH CENTER, ID# 21107a IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials as of the day and year above written. ATTEST: CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA By: (SEAL) By: (SEAL) Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 20 , by Daniel J. Alfonso , as City Manager, and Todd B. Hannon , as City Clerk, of the City of Miami, a municipal corporation of the State of Florida. They are personally known to me and did not take an oath. Notary Public print name Serial Number Pursuant to City Resolution No. , adopted , 20. Approved as to Insurance Requirements: Approved as to Form and Correctness: By: By: Ann -Marie Sharpe, Risk Management Director Victoria Mendez, City Attorney Approved for Legal Sufficiency: Assistant County Attorney -5- Tom Marko, Development Director For: Bill Johnson, Director Miami -Dade Water and Sewer Department HADLEY PARK YOUTH CENTER, ID# 21107a EXHIBIT "A" OF COVENANT RUNNING WITH THE LAND IN LIEU OF UNITY OF TITLE CITY OF MIAMI LEGAL DESCRIPTION TRACT "B", OF "MANOR PARK", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 50, AT PAGE 85 OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. "A" 1 of 1 MIAMICADE 1540 500 4834 4825 $53U C[-111110 1501, 4®4630 1606 61 MIAMI - DADE WATER AND SEWER DEPARTMENT 11 ,m:11,140-1 _LEiEli MBEI 4519 �94 145 7 1 465 504 142 A24 1 e6 14 14 5I'0jj01 35 13 ^32 34 4:13` 37'1513131 • 4- a . *I2: � Si II NM NW 46TH ST 4520 1 EXHIBIT "A" - 1 LOCATION SKETCH SCALE: N,T.S -THIS IS NOT A SURVEY. 4530 I „ 4520 45' RE E kit 1 4300 1 W.43RD_ST HADLEY PARK YOUTH CENTER AGMT ID# 21107 FOLIO# 01-3123-016.0020 MIAMI-DADE COUNTY SEC 23-53-41 JULY 22, 2014 Yroperty Search Application - Miami -Dade County Page 1 of 1 F••CEiifli P Summary Report EXHIBIT "A2" Property Information Folio: 01-3123-016-0020 Property Address: 1300 NW 50ST 4800NW12AVE Owner CITY OF MIAMI-DEPT OF P&D ASSET MANAGEMENT DIVSION Mailing Address 444 SW 2 AVE STE #325 MIAMI, FL33130-1910 Primary Zone 8002 PARKS & RECREATION Primary Land Use 8940 MUNICIPAL : MUNICIPAL Beds/Baths/Half 0/0/0 Floors 1 Living Units 0 Actual Area Sq.Ft Living Area Sq.Ft Adjusted Area 46,264 Sq,Ft Lot Size. 1,293,732 Sq.Ft Year Built 1990 Assessment Information Year 2014 2013 2012 Land Value $2,587,464 $2,587,464 $2,587,464 Building Value $3,511,652 $3,551,760 $3,509,225 XF Value $967,659 $979,670 $1,125,204 Market Value $7,066,775 $7,118,894 $7,221,893 Assessed Value $7,066,775 $7,118,894 $7,221,893 Benefits Information Benefit Type 2014 2013 2012 Municipal Exemption $7,066,775 $7,118,894 $7,221,893 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description 23 53 41 29.70 AC M/L MANOR PARK PB 50-85 TRACT B LOT SIZE 1293732 SQUARE FEET Generated On : 9/3/2014 Taxable Value Information 2014 2013 2012 County Exemption Value $7,066,775 $7,118,894 $7,221,893 Taxable Value $0 $0 $0 School Board Exemption Value $7,066,775 $7,118,894 $7,221,893 Taxable Value $0 $0 $0 City Exemption Value $7,066,775 $7,118,894 $7,221,893 Taxable Value $0 $0 $0 Regional Exemption Value $7,066,775 $7,118,894 $7,221,893 Taxable Value $0 $0 $0 Sales Information Previous Sale Price OR Book -Page Qualification Description The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Version: http://www.miamidade.gov/propertysearch/ 9/3/2014