HomeMy WebLinkAboutBack-Up DocumentsConditions for Closure
Exhibit A cy)
R-12-0289
Conditions added from the 7/26/12 commission meeting
1, The building shall have no access on Northeast 28th Street from the garage.
2, The park shall not allow fishing, camping, or overnight stays and there should be signage which
clearly states so.
3. The park shall only be open to the public from sunrise until sunset,
4, The park shall have a secured decorative fence, approximately 3-4 feet in height, with no access
at night,
5 The riparian rights to the inlet shall remain and the abutting owners shall maintain access to
their waterfront.
6. The Edgewater neighborhood wants to close out the 27th street alley and the Related Group will
help them to close out that alley to every extent possible.
Main conditions contained in the covenant to run with the land
1, PRH NE 28th St., LLC agreed to donate the land adjacent to the property to the City to be used
and enjoyed as a park and PRH NE 28th St., LLC agreed to maintain the park in perpetuity.
2. PRH NE 28th St., LLC agreed to create an ingress and egress easement from NE 28th Street to NE
29th street to be used by the public and privately maintained.
3, PRH NE 28th St., LLC agreed to contribute to the maintenance of the inlet adjacent to the City's
property.
4. PRH NE 28th St., LLC is responsible for the installation, construction, maintenance,
improvement, replacement and repair of an Ingress -Egress easement area to enhance the
circulation in the area.
This instrument Is prepared by ( and after recording )
please return this instrument to:
Iris l3scarra, Bsq,
Greenberg Traurig
333 Avenue of Americas
4 4th Floor
Miami, FL 33131
Reserved for Recording
COVENANT TO RUN WITH THE LAND
THIS AMENDMENT (hereinafter the "Amendment"), is made as of this
day of July, 2012, by and between PRH NE 28t1i St., LLC, a Florida limited liability
company, with offices at 315 South Biscayne Boulevard, Miami, Florida 33131., party of
the first part ("Covenantor"), and the City of Miami, a municipal corporation of the State
of Florida, in the County of Miami -Dade County, party of the second part (the "City"),
RECITALS
WHEREAS, Covenantor owns the parcel(s) of land located at 421 NE 28 Street,
435 NE 28 Street, 455 NE. 28 Street; 429 N,E, 28 Street and 460-62 NE 28 Street,
Miami, Florida, more particularly described in the attached Exhibit "A" (the "Covenators
Property"); and
WHEREAS, Covenantor intends to construct and develop a high-rise
condominium with recreational amenities on the Covenator's Property known as Tower
On The Bay (hereafter the "Condominium"); and
WHEREAS, Covenantor has requested permission from the City to construct
improvements within property owned by the City located at 498 NE 28 Street, Miami,
Florida, Miami -Dade County folio #01-3230-017-0420 (the "City's Property") and
identified on the attached Exhibit "B"; and
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WHEREAS, improvements (hereinafter collectively called the "Improvements")
shall consist of landscaping trees, an irrigation system, a decorative street lighting
system, decorative sidewalk and baywalk, pavers and related structures as more described
in greater detail on the Exhibit "C"; and
WHEREAS, the Covenantor has agreed to dedicate to the City, land adjacent to
the Covenator's Property to be used and enjoyed as a park and has agreed to maintain
said park in perpetuity; and
WHEREAS, the Covenantor has agreed to create an ingress/egress easement
from NE 28th Street to NE 29th Street to be used by the public and privately maintained;
and
WHEREAS, the Covenator has agreed to contribute to the maintenance of the
inlet adjacent to the City's Property; and
WHEREAS, the prior owner of the Covenantor's Property -now and inactive
entity —executed that certain Covenant to Run with the Land dated as of February 9, 2005
which was recorded June 28, 2005 in Official Records Book 23520, at Page 3775 of the
Public Records of Miami -Dade County, Florida (the "Covenant"), but never fulfilled its
obligations therein; and
WHEREAS, the City has required the execution of this covenant rumling with
the land as a condition precedent to its acting as Permittee and to the granting of said
permission to Covenantor to construct the Improvements on the City's Property; and
WHEREAS, Covenantor and the City desire to acknowledge, partially release,
modify and/or amend certain terms and provisions of the Covenant as hereinafter
provided,
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NOW THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Covenator does hereby covenant and agree with City as follows:
1, Recitals, The foregoing recitals are true and correct and are made a part
hereof.
2, Defined Terms. All terms utilized in this Amendment but not defined in
this Amendment shall have the meaning ascribed to said terms in the Covenant,
3, Park Construction of hnprovements. Covenantor is hereby allowed to
install, construct, maintain, improve, replace and repair the aforementioned
Improvements on the City's Property in accordance with City of Miami standards and
specifications,.
4, Maintenance of Inlet. Covenantor agrees to contribute to the maintenance
of the inlet located immediately adjacent to the City's Property,
5, Ingress/Egress Easements Construction and Maintenance thereof,
Covenantor shall be responsible for the installation, construction, maintenance,
improvement, replacement and repair of an ingress/egress easement area to enhance the
circulation in the area, as depicted in attached Exhibit D.
6, Requirement that the Improvements be Maintained and/or Restored. In
the event that Covenantor, its heirs, successors, or assigns fail in the reasonable discretion
of the Director of the Department of Public Works to properly maintain the
Improvements, or any part thereof, so that they become a hazard to the health, welfare
and safety of the general public, the City shall give Covenantor written notice of such
failure via certified mail, return receipt requested, with copies to any mortgagee who has
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given written notice of its lien to the City of Miami, and Covenantor shall within thirty
(30) days from receipt of such notice either (i) restore the Improvements, or any part
thereof, to a safe condition satisfactory to the City or (ii) remove the Improvements, or
any part thereof, and restore the City's Property to the City's standards at no cost or
expense to the City..
7, Enforcement of R.equirement that the Improvements be Maintained and/or
Restored, Maintenance or In the event that Covenantor, its heirs, successors, or assigns
fail to either restore the Improvements, or any part thereof, to a safe condition satisfactory
to the City or remove the Improvements, or any part thereof, and restore the City's
Property, within the specified time as set forth in Paragraph 5 of this Amendment, the
City may contract for such restoration or removal, and the amount of such restoration or
removal costs shall be declared and established as a lien against the Covenator's Property
described on the attached Exhibit "A" and enforced as any lien provided for under the
Statutes of the State of Florida and the Cade and Ordinances of the City of Miami,
Covenantor shall pay the City's reasonable attorneys' fees and costs of collection arising
in any action to foreclose the lien or otherwise recover costs for restoration or removal of
the Improvements or any part thereof,
8, Waiver Recourse Against the City with Respect to the Improvements.
Covenantor further covenants and agrees that all recourse against the City is hereby
expressly waived as to any damage caused, consequential or otherwise, to any portion, in
whole or in part, of the remainder of Covenantor's Improvement, resulting from the
removal of the Improvements, or any part thereof, from the City's Property, pursuant to
Paragraph 6 of this Amendment,
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9, Indemnification. with Respect to Construction, Maintenance andlor
Removal of the Improvements, Covenantor shall indemnify, defend, and hold harmless
the City from any claims, demands, liabilities, losses or causes of action of any nature
whatsoever arising out of the use, construction, maintenance and/or removal of the
Improvements, or any part hereof, from and against any orders, judgments or decrees
which 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.
10. Indemnification with Respect to the Grant of the Amendment,
Covenantor shall indemnify, defend and save the City harmless from and against any and
all claims, liability, losses and causes of action, of any nature whatsoever which may
arise out of the granting of this Covenant or out of Covenantor's activities under this
Amendment, including all other acts or omissions to act on the part of Covenantor or any
person acting for or on Covenantor's behalf, and from and against any orders, judgments
or decrees which 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,
11, Insurance, Covenantor's contractor shall carry a comprehensive general
liability policy of insurance of at least $1,000,000 combined single limit for bodily injury
and property damage issued by a State of :Florida licensed insurance company rated AV
or better per A.M. Bests' Key Rating Guide or such other policy of insurance as may be
agreed to be Covenantor and the City. The insurance shall be subject to the approval of
the City's Insurance Coordinator, Products and completed operations, contractual
liability, explosion, collapse and underground liability ooverage shall be included under
said policy, The insurance shall be provided by Covenantor's contractor, The policy
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term or any renewals thereof shall remain in effect for the term of the Amended
Covenant,
The insurance carrier for the policy must be rated no less than A R.ated 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 Risk Management Division of the City,
The City shall be named as Additional Insured under the policy, Proof of insurance shall
be supplied to the satisfaction of the City prior to the issuance of any permits, A
certificate of insurance bearing the City as "Additional Insured" shall in no way relieve
Covenantor of the obligation to add the City as "Additional Insured" to the actual
insurance policy, The insurance policy shall provide that the 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, Covenantor shall immediately replace said policy with another
policy to the satisfaction of the City with the receipt of a certificate of insurance :Cor such
policy by the 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 the City is not in possession
of same by such date, then the 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 the City
shall have the right to declare and establish said costs as a lien on the Covenantor's
Property and enforced as any lien provided for under the statutes of the State of Florida,
Covenantor agrees to increase from time to time the limits of the comprehensive liability
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insurance policy required to be provided pursuant to this Amendment, upon the written
request of the City,
12, Covenant to Run with the Land, It is expressly understood and agreed that
this instrument shall be binding upon Covenantor and also upon its successors in interest
or assigns including but not limited to the condominium. association of the Condominium,
and shall be a condition implied in any conveyance or other instrument affecting the title
to the aforesaid property or any portion thereof,
13. Notice. Any notice, request, demand, approval. or consent given or
required to be given under this Amendment 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 prepaid, 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:
Covenantor:
The City:
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PRH N B 2$111 Street, LLC,
315 South Biscayne Boulevard
3rd Floor
Miami, Florida 33131
Attn: Carlos Rosso
with a copy to
Iris Bscarra
Greenberg Traurig
333 Avenue of the Americas
(333 SE 2nd Avenue)
Suite 4400
Miami, Florida 33131
City Manager
The City of Miami
444 S.W. 2ND Avenue
Miami, Florida 33130
and
Public Works Director
The City of Miami
444 S.W. 2"d Avenue
Miami, Florida 33130
14, City Owned Land. Covenantor herein expressly acknowledges that (a) the
permission granted by the City to construct the Improvements on the City -owned is
solely for the limited purposes set forth herein and does not constitute a lease and that the
rights of Covenantor hereunder are not those of a tenant but is a mere personal privilege
to do certain acts on the City -owned land, (b) the City retains dominion, possession and
control of the City land and can in the event of default by Covenantor unilaterally end the
permission herein granted to Covenantor without any 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 -owned land by virtue of its use hereunder or by virtue of
any expenditures incurred in connection herewith,
15, Supersede and Release of Previous Covenant, This Covenant supersedes
and releases that certain Covenant to Run with the Land dated as of February 9, 2005
which was recorded June 28, 2005 in Official Records Book 23520, at Page 3775 of the
Public Records of Miami -Dade County, Florida (the "Covenant"), which never fulfilled
its obligations therein.
[SIGNATURE PAGE FOLLOWS)
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IN WITNESS WHEREOF, Covenantor has caused these presents to be executed
and signed in its name by its and its corporate seal to be affixed hereto
and attested to by its secretary, the day and year first above set forth,
FIRST WITNESS
Print Name:
SECOND WITNESS
Print Name:
STATE OF FLORIDA
)
COUNTY OF MIAMI-DADE)
PRII NE 28TH STREET, LLC
By:
Its:
I HEREBY CERTIFY that on this day of , 2012, personally appeared
before me, an officer duly authorized to administer oaths and take acknowledgements,
, as of PRIZ N,E, 28th Street, LLC, a Florida
limited liability company, They are personally known to me or have produced
as identification,
NOTARY PUBLIC
Print Name:
Commission No,
Commission Expires:
[SEAL]
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EXHIBIT "A"
THE "COVENANTOR'S PROPERTY"
Lots 1, 2, 3, 4, 5, 49 and 50, of Bankers Park, according to the plat thereof as recorded in
Plat Book 2, Page 53, of the Public Records of Miami - Dade County, Florida,
and
The East 50 feet of the West 100 feet of Lot 1, Block 14, AMENDED PLAT OF
BLOCKS 13 AND 14 OF BROADMOOR, according to the Plat thereof, as recorded in
Plat Book 2, Page 58, of the Public Records of Miami -Dade County, Florida,
and
The East 70 feet of the West 170 feet of Lot 1, Block 14, AMENDED PLAT OF
BLOCKS 13 AND 14 OF BROADMOOR, according to the Plat thereof, as recorded in
Plat Book 2, Page 58, of the Public Records of Miami -Dade County, Florida,
and
The West 50 feet of the West 100 feet of Lot 1, Block 14, of AMENDED PLAT OF
BLOCKS 13 AND 14, OF BROADMOOR, according to the Plat thereof, as recorded in
Plat Book 2, Page 58 of the Public Records of Miami -Dade County, Florida,
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EXHIBIT "B"
THE "CITY'S PROPERTY"
Folio: 01-3230-017-0420
BANKERS PARK PB 2-53 RIPARIAN RIGhTS OPPOSITE BANKERS PARK PB
2-53 DB 914 PAGE 163
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EXHIBIT "C"
THE "IMPROVEMENTS"
To 13E INSERTED UPON APPROVAL,
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EXIIIBIT "D"
THE INGRESS/EGRESS EASEMENT
To BE INSERTED UPON APPROVAL.
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