HomeMy WebLinkAboutExhibit A (04.09.15)Prepared. by and return to:
Kimberly S. LeCompte, Esq.
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue
Miami, Florida 33131
Folio No. Portions of 01-3230-017-0410
(Space Above This Line For Recording Data]
Special Warranty Deed
This Special Warranty Deed made this day of May, 2013 between PPI-INF 281'II
STREET LLC, A FLORIDA LIMITED LIABILITY COMPANY, whose post office
address is 315 S. Biscayne Boulevard, Miami, Florida 33131, ("Grantor"), and City of
a municipal corporation of the State of Florida whose post office address is
444 SW 2nd Avenue, Suite 325, Miami, FL 33130, ("Grantee"):
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives,
and assigns of individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand
paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained,
and sold to the said grantee, and Grantee's heirs and assigns forever, for park purposes
only the following described land, situate, lying and being in Mhuni-Dade County,
Florida to -wit:
See Exhibit "A" attached hereto and made a part hereof
The foregoing conveyance was accepted by the City of Miami pursuant to Resolution No.
of the City Commission of the City of Miami, Miami-Dadc
County, Florida, passed and adopted on A copy of the Resolution is
attached hereto as Exhibit HA"
TOGETHER WITH all the tenements, hereditaments and appurtenances
thereunto belonging or in anywise appertaining, reserving onto the Grantor, its successors
and/or assigns, an easement for balcony encroachments as may be needed,
THIS CONVEYANCE is subject to: (a) taxes and assessments for the year 2013
and subsequent years; (b) all laws, ordinances, regulations, restrictions, prohibitions and
other requirements imposed by governmental authority, including, but not limited to, all
MIA 183246212v3
applicable building, zoning, land use and environmental ordinances and regulations; and
(c) easements, conditions, restrictions, matters, limitations and reservations of record, if
any, but this reference shall not operate to reimpose (collectively, the "Permitted
Exceptions").
TO HAVE and to hold the same in fee simple forever.
GRANTOR hereby covenants with Grantee that it is lawfully seized of the
Property in fee simple, that it has good right and lawful authority to sell and convey the
Property, that, subject to the Permitted Exceptions, it hereby fully warrants the title to the
Property and will defend the same against the lawful claims of all persons claiming by,
through or under Grantor, but no others.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and
year first above written.
Signed, sealed and delivered in our presence:
PRH NE 28T TREET LLC, a Florida limited
liability co pan
By:
State of Florida
County of Miami -Dade
CARLOS ROSSO, Vice President
The foregoing instrument was acknowledged before me this (3 day of May, 2013.by CARLOS
ROSSO as Vice Pre ident of PRH NE 28TH STREET LLC, a Florida limited liability company.
Such individual [ is personally known or [ ] has produd a driver's license as identification.
[Notary Seal]
-Al J r— —` a a s a
�oties�Y 410,,,E SHILA M. NIEVES
=; * " 1. Notary Public - State of Florida
Pam, My Comm. Expires Jun 29, 2014
444,Commission # EE 5290
Yer NW -ear
MIA 183246212v2
Notary Public
Printed Name: 5 tokl.i i
My Commission
Expires:
(gOitq-
rilfl
Mr —
NE 29TH STREET
PG.
-111
o P:
NE 28 TH STREE r
.- 111:111131011"
�Jlr7atl:ra�
b1112IIIO i miiiimum
iiinuhiy I
NE 2 6TH T E RACE
( I '( 1 L i
BISCA YNE BAY
2
6
LOCATION SKETCH (SCALE 1"=300')
IN MIAMI—DADE COUNTY, FL.
SURVEYOR'S NOTES:
- This is not a Survey.
- Site Iles in Fractional Section 30, Township 53 South, Range 42 East, City of Miami,
Florida
SYMBOLS AND ABBREVIATIONS:
COR. - CORNER
P.B. - PLAT BOOK
PC. - PAGE
R/W - RIGHT OF WAY
SEC, - SECTION
TWP. - TOWNSHIP
RNG. - RANGE
(P) - PLAT DATA
M.A.S. CITY OF MIAMI
MUNICIPAL ATLAS SHEET
NE. - NORTHEAST
NW. - NORTHWEST
SE. - SOUTHEAST
SW. - SOUTHWEST
- CENTERLINE
- MONUMENTLINE
Miami -Dade County,
- Bearings shown hereon are based on an assumed meridian, and are referenced to the centerline of N.E. 28th
Street, Miami -Dade County, Florida, having a bearing of N 89'53'10" E.
- This site contains an aggregate area 20,883 square feet (0,479 acres) more or less..
- This sketch and legal description are valid only when all sheets are combined, forming the complete document.
SURVEYOR'S CERTIFICATE:
I hereby certify that the attached "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" was prepared in accordance
with the Minimum -Technical-Standards. for Surveying and Mapping, set forth in Chapter 5J-17 Florida
Administrative Code, pursuant to Section 472:027, F7orido Statutes.
Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper.
THIS IS NOT A SURVEY
Biscayne Engineering Company, inc.
529 West Flagler Street, Miami, FL, 33130
Tel. (305) 324-7671, Fax (305) 324-0809
State of Florida Department of Agriculture
LB-0000129
Dat 5 -24-2012
Andrew D. Conner, PSM, For the Firm, .Vice President
Professional Surveyor and Mapper No, 5995
State of Florida
BEC REF. BR-968
DRAWING: 21 31-SS-25-R 1
REVISION DATE: 01-24-14
CLIENT NAME: PRH NE 28..ST, LLC
SEC ORDER # 03-81165
DRAWN BY
W.H.
SHEET 1 OF 3
A BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700
wca i898 529 WEST FLAGLER ST, MIAMI FL 33130 WWWBISCAYNEENGINEERiNG.COM
LEICCAL D - :,.�'OR;Cr' .rrIlea it
LINE TABLE
LINE
LENGTH
BEARING
Li
17.62'
S8537'17"E
L2
5.73'
NO205'51 "E
L3
5.20'
500'00'00"E
L4
23.85'
S00'00'00"E
L5
30.00'
589'54'23"W
L6
23.81'
N00'00'00"E
L7
30.00'
N89 53'10"E
LOT 4
LOT 3
BANKERS PARK
P.B. 2 PG. 53
lc
® I. R/W LINE-.yso'(P) __ JJ
�-, — SE. CO&/�
tAy II LOT 1
CURVE TABLE
CURVE
RADIUS
DELTA ANGLE
LENGHT
C1
66,80'
27'00'09"
31.48'
C2
24.35'
57 59'22"
24.64'
C3
107.93'
10'42'49"
20.18'
f —€
LR/W LINE- , 4
50TP�W C0R17
LOT 50
-21
LOT 47 ti
z
ti
50'(P)
LOT 48
BANKERS PARK
P.B. 2 PG. 53
SOUTH LINE OF
THE N.W. 1/4 OF
!FRACTIONAL
SECTION 30-53-42
rR/W LINE
t �0'(Pi
s00'00' a"v{
GRAPHIC SCALE
0 20 40
NOO'OObrE
1 inch = 40 U.
0
ti
BANKERS PARK
P.B. 2 PG. 59 LOT 1
LOT 1__/
N89 53'10"E
39.17' I
f
155.'(P).
0
LOT
BLOCK
I LESS THE WEST 170'
14, AMENDED PLAT OF
P.B. 2 PC.58
P.O. C.
PARCEL #
NE. CORNER
LOT 2
14
41
Ct
RADIAL
N14'23'15"W
R=24.35'
SE. C
LOT 1
`(- HADfAZ®,
N89 53'10"E N17'20'37"E
BEARING a SIS — , , Li
N8953'10"E 172199 f
N.E. 28th STREET
WITHAM AVE. (P)
NORTH LINE
OF LOT 50
LOT 50
BANKERS PARK
P.B. 2 PG: 53
LOT 49
8
P.O.B. PARCEL 1 SOUTH LINE
aW COR. LOT 49 OF LOT
154.99'(M), i55'(P)
85.83' S89'59'52"E
LOT 49
PARCEL # 1
N.
c1
NE COE
LOT 50
W
0
SE. C
LOT
} N.E. 27th STREET ALLEY, S89'59'07"W
z�
° ,�I
:
to
cx
49N.
R/W LINE-� 15 WIDE ALLEY (MA.S. N0. 21-AE) & 174.99 N89 59 07 E
,
THEREOF,
BROADhfOOR,
9°54Q.23' E I L7
PARCEL
2
-4 R/W LINE ai
M.A.S. NO` o
21-AF n ,
L5 Ct
NOT SUBDIVIDED
•
224.99'
25'(P 25 (P) 25'(P) 25 (P) 25'(P) 25 (P 5 P) t 25'(P 25'(P) 25'(P)
7T 8 LOT 9LOT 10 LOT I1 L07' 12LOT 13 LOT Y4LOT 1,5 I LOT 16 I LOT 17
PACKARD LAIRD'S R SUBDIVISI N, P.B, 7, PG. 81
THIS IS NOT A SURVEY
EEC REF. BR-966
NO0 00 00"W
Z
N89 59°07"E
0 30,00'
Z R/W LINE/
M.A.S. NO.
21-AF
70.00'
R/W LI..._
M.A.S. NO. 21-AF
0
N
BISCAYNE BAY
25'(P) 25'(P) 25'(P)
LOT 19 LOT 19 LOT 20
NOTE: THIS DOCUMENT 1S VALID ONLY WHEN ALL THE
ARE COMBINED FORMING THE COMPLETE DOCUMENT
EFTS
DRAWING: 2131-SS-25-RI
REVISION DATE: 01-24-14
CLIENT NAME: PRH NE 28 ST, LLC
EEC ORDER # 03-81165
DRAWN BY
W.H.
SHEET 2OF3
BISCAYNE ENGINEERING COMPANY, INC.
UTH
LINE OF
LOT 1
155'(P)
to
to
R.
TEL (305) 324-7671, FAX (305) 324-1700
. I98 529 WEST FLAGLER ST, MIAMI FL 33130 .WWW. BISC AYNEENGINEERING. COM
NEE 1-I Nye BIGOODIEPANT
LEGAL DESCRIPTION: (TRACT "8")
PARCEL # .1:
A PORTION OF LOTS 1, 49 AND 50 AND PORTIONS OF WITHAM AVENUE (NOW KNOWN AS N.E, 28th STREET) AND
PORTIONS OF THE UN -NAMED NORTH -SOUTH ROAD (NOW KNOWN AS NORTH BAYSHORE DRIVE), ALL 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, LYING IN FRACTIONAL SECTION 30, TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY,
FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 49; THENCE NORTH 0000'08" EAST ALONG WEST LINE OF SAID LOTS
49 AND 50 AND ACROSS N.E. 2877-i STREET AND ALONG THE WEST LINE OF SAID LOT 7, FOR A DISTANCE OF 157.74
FEET; THENCE NORTH 8953'10" EAST, ALONG A UNE 6.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF
SAID LOT 1, FOR A DISTANCE OF 39.17 FEET; THENCE SOUTH 00'00'08" WEST, PARALLEL WITH THE WEST LINE OF SAID
LOTS 49 AND 50, FOR A DISTANCE OF 121.25 FEET; THENCE SOUTH 89'59'52" EAST, PERPENDICULAR WITH THE LAST
DESCRIBED COURSE, FOR A DISTANCE OF 85.83 FEET; THENCE NORTH 0000'08" EAST, PERPENDICULAR WITH THE LAST
COURSE, FOR A DISTANCE OF 100,54 FEET; THENCE SOUTH 86 37'17" EAST, FOR A DISTANCE OF 17.62 FEET; THENCE
NORTH 02'05'51" EAST, FOR A DISTANCE OF 6.73 FEET TO THE POINT OF INTERSECTION WITH CIRCULAR CURVE
CONCAVE' NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 17'20'37" EAST TO THE RADIUS POINT;
THENCE EASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 66.80 FEET THROUGH A CENTRAL ANGLE OF
27'00'09" FOR AND ARC DISTANCE OF 31.48 FEET TO THE POINT OF INTERSECTION WITH A CIRCULAR CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 14'23'15" WEST TO THE RADIUS POINT THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF' 24.35 FEET THROUGH A CENTRAL ANGLE OF
57'59'22" FOR AN ARC DISTANCE OF 24.64 FEET TO THE POINT OF INTERSECTION WITH A CIRCULAR CURVE CONCAVE
WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 73' 34'50" WEST TO THE RADIUS POINT; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 107.93 FEET THROUGH A CENTRAL ANGLE OF
10'42'49" FOR AN ARC DISTANCE OF 20.18 FEET TO A NOT TANGENT POINT ON THE EAST RIGHT OF WAY LINE OF
NORTH BAYSHORE DRIVE, A RADIUS POINT BEARS NORTH 84'17'39" WEST FROM SAID POINT; THENCE SOUTH 00'00'00"
EAST, ALONG THE EAST RIGHT OF WAY LINE OF NORTH BAYSHORE DRIVE, FOR A DISTANCE OF 146.65 FEET; THENCE
NORTH 89°59'07" EAST, ALONG SAID RIGHT OF WAY UNE, FOR A DISTANCE OF 30.00 FEET; THENCE SOUTH 00'00'00"
EASE ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 30.00 FEET; THENCE SOUTH 89'59'07" WEST ALONG THE
SOUTH LINE .OF THE NORTHWEST ONE QUARTER (NW 1/4) OF SAID FRACTIONAL SECTION 30, FOR A DISTANCE OF
224.99 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 20,168 SQUARE FEET OR 0.463 ACRES MORE LESS,
AND
PARCEL { 2
A PORTION OF THE UN -NAMED NORTH -SOUTH ROAD (NOW KNOWN AS NORTH BAYSHORE DRIVE) 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, LYING IN FRACTIONAL SECTION 30, TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY,
FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 2 OF SAID BANKERS PARK PLAT; THENCE NORTH 89'54'23" EAST
ALONG THE NORTH LINE OF SAID BANKERS PARK PLAT, FOR A DISTANCE OF 70.00 FEET; THENCE SOUTH 00'00'00"
EAST ALONG THE EAST RIGHT OF WAY LINE OF NORTH BAYSHORE DRIVE, FOR A DISTANCE OF 6.73 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 00'00'00" EAST, ALONG SAID
RIGHT OF WAY LINE FOR A DISTANCE OF 23.85 FEET; THENCE SOUTH 89'54'23" WEST ALONG SAID RIGHT OF WAY LINE,
FOR A DISTANCE OF 30.00 FEET; THENCE NORTH 00'00'00" EAST, PARALLEL WITH THE EAST LINE OF SAID RIGHT OF
WAY, FOR A DISTANCE OF 23.81 FEET; THENCE NORTH 89'53'10" EAST, FOR A DISTANCE OF 30.00 FEET TO THE POINT
OF BEGINNING.
CONTAINING AN AREA OF 715 SQUARE FEET OR 0.016 ACRES MORE LESS,
THIS IS NOT A SURVEY
NOTE: THIS DOCUMENT IS VALID ONLY WHEN ALL THE SHEETS
ARE COMBINED FORMING THE COMPLETE DOCUMENT
BEC REF, BR-9e8
DRAWING: 2131-SS-25-R1
CLIENT NAME: PRH NE 28 ST, LLC
REVISION DATE: 01-24-14
BEC ORDER # 03-81165 DRAWN BY
W.H.
SHEET 3 OF 3
BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700
yi l898 529 WEST FLAGLER ST, MIAMI FL 33130 WWW. BIS C AYNEENGINEERING. COM
` iih li tiolilrllE rs ]ii'bl}ti ad l Y(iiltcl 13t r Ynn4riijii ;}
106,0Yu(C%fri EWES ll}Strttaii of i.Q'
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7°aabr1Gt r eo411 a ', w x of e.s at 31. `01;3,t11 T seaya e 1 QiT ey fit, zarni , `lor ds. 33{3i:;
-nieip:E1'ce' Q1afran 01
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�r ra.0.ird x , 001u.aact dare oja.
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,
WHEREAS, improvements (hereinafter collectively called the "Improvements")
shall cO'risist of landscaping trees, an yrigation system, a decorative street lighting
system, decorative sidewalk and baywalk, pavers and related structures as more described
in greater detail in Fxhibit `C"; and
WHEREAS, the Covenantor has agreed to dedicate to the City, land adjacent to
the Covenator's Property to be soley used and enjoyed as a park and has agreed to
maintain said park in perpetuity ("City Pare); 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 o contribute to the aintenance of the
inlet adjacent to the City's Property; and
WHEREAS, the prior owner of the Covenantor's Property --now an 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 running 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,
2
MIA 1
a
NOW THEIMPORE, 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 follow
1.iteitals, 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 h) the Covenant,
3, Park Construction of ImpCovenantor 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. maintepnw of Inlet. Covenantor agrees to contribute to the maintenance
of the inlet located on Biscayne Bay immediately adjacent tO'ihe City's Property.
5. higtesa,gms Easements _gonstruction and l'Aaintenance theregg.
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 Ballibit P.
6. Drainage Imapygment, Maintenance and Repair: In connection with the
building permit for the condominium, as part of the property and City Park drainage
system, the improvements, maintenance and repair of all drainage components', including
wells and well vents, loeated within Tract B, will be the responsibility of the Covenantor;
excluding the 18" storm drainage pipe and connecting' drainage and control stnactures,
servicing NE 28th Street and connecting to the existing dranage otitfail to Biscayne Bay;
MIA 1826.92338
which will be located within a 12wide property easement provided to the City of Miami
via separate instrument for which maintenance and repair will be responsibility of the
Public Works Department of the City of Miami,
7, Requirement that theImprovements be lvtaintainecl 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
given written notice of its lien to the City of Miami, and Covenantor shall within thirty
(30) clays 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.
8. EnforcernenLe Requirement that the Improvements be, Maint$111d nd/or
Reamed., In the event that Covenantor, its heirs, successors, or assigns fail to either
restore the Improvements, or any part thereof, to a safe conition satisfactory to the City
or remove the Improvements, or any part thereof, and f6store 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'i'Property described on the
attached Exhibit "A" and enforced as any lien provided for under the Statutes of the State
of Florida and the Code and Ordinances of the City of Miarnl. Covenantor shall pay the
41.
WiA 125
..2
'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,
9, , Egtiver R,,ecoptse 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.
10, Indemnification will Respect to _Qp_ustruction, Maintenance and/or
Removal of the Impiovements, Covenantor shall indemnit, 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 cost, attorney? fees, expenses and
liabilities Rimmed in the defense of such claim, or lathe investigation thereof,
11, Indemnification with Rgspeot to the Gr nt of the
Covenantor shall inclemnitY, defend and save the City hanniesfrom 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
Amenchnent, including all other acts or omissions to act on the part of Covenantor or any
„t.
person acting for or on Covenantor's behalf, and from and aanst any orders, judgments.
5
MIA /82592338
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.
12. ksurance, 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 p6licy 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
explosion, collapse and underground liability coverage shall be included under
said policy, The insurance shall be provided by Covenantor's contractor, The policy
term or any re ewals thereof shall remain in effect' for the term of the Amended
Covenant
The insurance carrier for the policy inust be rated no less than A Rated 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 insura.rice 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
notifieation of any poliey, and in the event of snob_ material change, eancellation, or non
renewal notification, Covenantor shall immediately replace said policy with another
MIA 18259' 23 a
6
policy to the satisfaction of the City with the receipt of a certificate of insurance for 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 polioy, In the event that the City is not in possession
of same by such date, then the City shall have the right to imtnecliately secure a similar
insurance policy in its name with the total cost of thepremitim 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 asalien 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
insurance policy required to be provided pursuant to this Amendment, upon the written
request of the City.
13, Covenant to Run withthe 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 a.ffeeting the title
to the aforesaid property or any portion thereof;
14. Assignment and As,suntion by the IConbay COndgmlnium Associatiol
file, At such time as Covenantor records the certificate of substantial completion required
by Section 718.104(4)(e) F. as an amendment' to that certain Decimation of
Condominium of loonbay Condominium Association, Inc., a Condominium recorded on
November 6, 2012, in Offioial Records Book 28346, Page 3432 of the Public Records of
Miami -Dade County, then: (i) any and all responsibilities, obligations, liabilities and/or
duties of the Covenantor under this Agreement shall 1.utonlatically, by operation of this
7
MIA 182592338
Agreement, be assigned to, and assumed by, the Iconbay Condominium Association, Inc.,
and (ii) Covenantor shad immediately and permanently be released from any and all
responsibilities, obligations, liabilities and/or duties arising, ,from or relating to this
Agreement.
15, 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:
PRE N.E. 28th Street, LLC,
315 South Biscayne Boulevard
PFloor
Miami, Florida 33131
Attn: Carlos Rosso
with a copy to
Iris Escarra
Greenberg Traurig
333 Avenue •of the Americas
(333 SE 2rid Avenue)
Suite 4400
Miami, Florida 33151
City Manager.
The City ofMiami
444 S,W. 2ND Avenue
Miami, Florida 33130
and ,
Public Works Director
The City of Miami
444 S.W, 2nd Avenue
Miami, Florida 33130
8
MIA 18269288 ,
14, CiyQ 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 kae 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 urdlaterally 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 (o)
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 Me hereunder or by virtue of
any expenditures lammed in connection herewith,.
15, Supersede and Rolease_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 Juno 28, 2005 in Official Records 13ocl?!„ 2352d, at Page 3775 of the
Public Records of Miami -Dade County, Florida (the 'Covenant"), which never fulfilled
its obligations therein,
[SIGNATURE PAGE FOLLOW(
9
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MIA 1626P2338
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APPROVED AS TO FORM AND APPROVED:
CORRECTNESS:
VICTORIA MENDEZ
City Attorney
APPROVED:
FRANCISCO GARCIA
Director of Planning
NZER1BE 11-1EKWA13A
Director of Public Works
12
MIA 1132692388a
THE "COVENANTOR'S P ROPETZTO,
460 NE 28 STREET- FOLIO NO. 01-3230-091-0001
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, accordingto the Plat thereof, as recorded in
Plat Book 2, Page 58. of the Public Records of Miami -Dade County, Florida.
14
MIA /8259238v7
•
Pao:
EX11133IT 9:0
THE "CITY'S PROPERTY"
BANKERS PARK PB 2-53 RIPARIAN RIGHTS OPPOSITE BANKERS PARK PB 2-
53 D13 914 PAGE 163
15
MIA 1826 2338v7
PUHRIT
THE "IMPROVEMENTS"
The property owner(s) of the "Garden Park on the Bay" tentative plat property
shall participate in the routine perpetuai cleaning ofthe NE 28 Street bayfront
inlet.
b. The developer of the 4`Garden Park on the Bay" tentative plat property shall
construct pedestrian and bicycle, but not motor vehicle, improvements in the
"public park" and along the bayfront, including bayfront walkway.
d. The property owner(s) of the "Garden on the Bay" tentative plat property, its
successors or assigns, shall perpetually perform the routine maintenance of the
"public park" and bayfront walkway,
e, A pedestrian •and bicycle ingress/egress easement shall be provided in the
approximate area of the closed portion of NE 28 Street right of way to provide a
direct public connection to the bayfront, as depicted in the Plat. The proposed
building over the easement shall have a height of 15 feet vertical clearance to
preserve the axial view corridor of Biscayne Bay from NE 28 Street.
f. Provisions shall be made in the design of the Public Park and ingressfegress
easement to physically support emergency and maintenance vehicles that may
require access to the bayfront on a non -routine basis.
The developer of the "Garden Park, on the Bay" tentative plat property shall
coordinate the design of the building over the access easement connection
between NE 28 Street and NE 29 Street with utility companies and the City to
provide the necessary vertical clearance to accommodate emergency, utility and
service vehicles,
16 •
s*,
MIA 182 430v7
ACTION BY WRITTEN CONSENT
OF THE SOLE MEMBER OF
PRI-I NE 28th STREET, LLC
IN LIEU OF A SPECIAL MEETING AS OF
JULY 28, 2011
Pursuant to authority contained. in the Florida Statutes, the undersigned, being the
sole member of PM NE 28.th STREET, LLC, a Florida limited liability .company, (the
"Company"), does hereby agree that upon execution of this Written Consent, the
resolutions sot forth below shall be deemed to have been adopted to the same extent and
to have the sarne force and effect as though adopted at a meeting called and held for the
purpose of acting upon proposals to adopt such resolutions:
NOW, THEREFORE, BE IT:
RESOLVED, that while CARLOS ROSSO is an officer of the Company, he shall have
the authority to act on behalf of the Company as an authorized representative of the Company,
and shall have the right, power, and authority, on behalf of the Company, to act, sign, and deliver
contracts and purchase agreements for goods or services, necessary and appropriate applications
and certifications with vendors and city, county, state and federal governments and regulatory
agencies concerning the development process, and agreements and documents related to the sale
and closing of condominium units being offered for sale by the Company (and any amendments,
supplements and other addenda thereto).
RESOLVED, .that other than the specific authority granted to CARLOS ROSSO pursuant
to the foregoing resolution, he shall have no authority to be an authorized agent of, or to
otherwise act on behalf of or bind the Managing Member or the Company, except to the extent he
may have been expressly authorized to do so by the Operating Agreement of the Company or by
separate action of the undersigned,
. IN WITNESS wHEnote, the undersigned, being the sole Member of the
Company, has executed the foregoing Action by Written Consent of the Sole Member of
the Company for the purposes set forth therein effective as of the date first written above,
SOLE MEMBER:
PRE( INVESTMENTS, LLC
A Florida limited liability company
By:
Nat
Title: (. Sole, rVtokrr
City of Miami
Certified Copy
City Hall
3500 Pan American Drive
Miami, FIL33133
www,mlamigov,corn
Pile Number: 12-00652sc Enactment Number: R-12-0289
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),.
CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE
A PORTION OF NORTHEAST 28TH STREET FROM NORTH BAYSHORE DRIVE.
TO APPROXIMATELY 150 FEET WEST THEREOF AND NORTH BAYSHORE
DRIVE FROM NORTHEAST.27TH STREET ALLEY TO APPROXIMATELY 263
FEET NORTH THEREOF, MIAMI, FLORIDA.
WHEREAS, the Plat and Street Committee has reviewed the subject tentative plat and determined
that all technical requirements have been met; and
WHEREAS, the Department of Public Works and the Piet and Street Committee have studied the
subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic
circulation or access for public service; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at Its meeting on July 18, 2012,
following an advertised public hearing, adopted Resolution No. PZAB-R-12-030 by a vote of eight to
zero (8-0), item no. 3, recommending approval of the vacation and closure as set forth; and
WHEREAS, the City Commission, finds that it is in the best interest of the general welfare of the
City of Miami and its inhabitants to grant the vacation and closure of a portion of the public right-of-way
as hereinafter described, and deems it advisable to do so;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA;
Section 1. The recitals and findings contained In the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth In this Section.
Section 2. A portion of Northeast 28th Street from North Bayshore Drive to approximately 150 Feet
West thereof and North Bayshore. Drive from Northeast 27th Street Alley to approximately 263 Feet
North thereof, Miami, Florida, more particularly described in Exhibit "A," is closed, vacated, abandoned
and discontinued for public use, with conditions .as more particularly stated in Exhibit A-1 and in the
covenant, attached and incorporated.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1)
Date: JULY 26, 2012
City oftlliami Page 1 of 2 R-12-0289
Number: 12-00652sc Enactment Number: R-12-0289
Date: JULY 26, 2012
Mover: VICE CHAIR SARNOFF
Seconder: COMMISSIONER CAROLLO
Vote: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND
SPENCE-JONES
Action: ADOPTED WITH MODIFICATIONS
Date: AUGUST 3, 2012
Action: SIGNED BY THE MAYOR
I, Todd B. Hannon, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Resolution No. R-12-0280, with
attachments, passed by the City Commission on 7/26/2012.
Apri104, 2013
Cit Clerk, Deputy Clerk (for Todd B. Hannon, Date Certified
City Clerk)
{} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City ofkilarni
Page 2 of 2
R-12-0289
Conditions for Closure
Exhibit A Cu'
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 slgnage which
clearly states so,
8, 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 inheight, 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,. Pi{H NE 28th St., LLC agreed to donate the land adjacent to the property to the City to be used
and enjoyed es a park and PRFI NE 28th St,, LLC agreed to maintain the park In perpetuity,
2. PRH NE 28thSt,, 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,
S, 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,