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HomeMy WebLinkAboutExhibit BThis instrument was prepared by or under the supervision of : Kerri L. harsh, Esq. Greenberg Traurlg, P.A. 333 S,E. 2nd Avenue Miami, EL 33131 1111111 III1 11111 11111 11111 11111 11111 1111 1111 ( F:" H 2 0 :1 M FR 07 9 4 0' OR BK 29391 P.96 uEiH3-'381.'.' ONO F'9 O RECORDED 1 ?/1,6/ 2i:i1.`: 1015100 HI H ARVEY RUv);Nr CLERK OF COURT M]: NI DAI)E COUNTY? FLORIDA LIMITED COVENANT THIS LIMITED COVENANT (this "Covenant"), is made and entered into this 19 day of November 2015, by and between 3500 Saint Gaudens, LLC, a Florida limited liability company (hereinafter called "Grantor"), and the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Miami -Dade County (hereinafter called "City"); and WHEREAS, Grantor is the owner of that certain parcel of land more particularly described in the attached Exhibit "A" (hereinafter called "Property"); and WHEREAS, Grantor is currently in the process of replatting and subdividing the Property; and WHEREAS, Grantor has requested that City consent to the dedication to City of the cul-de-sac located at the eastern terminus of Saint Gardens Road (the "Cul-de-Sac Property"), and more particularly described in the attached Exhibit "B"; and WHEREAS, the Cul-de-Sac is subject to an enforcement action by capping as required by Miami - Dade County Department of Regulatory and Economic Resources — Division of' Environmental Resources Management ("DERM"), which will require the installation of an Engineering Control cap prior to granting a No Further Action with Conditions closure. NOW THEREFORE, subject to the terms and conditions set forth herein below, and in further consideration of these premises, Grantor does hereby covenant and agree with City as follows: 1. The foregoing recitals are true and correct and are made a part of this Covenant. 2. Grantor agrees to install an engineering control over the Cu1-de-Sac Property as required by DERM (hereinafter, the "DERM-required Engineering Control"). 3, This Covenant and its provisions shall self -terminate 4 years after a determination that no further action is required (with or without conditions) from the Miami -Dade County Department of Regulatory and Economic Resources ("RER or DERM") or other governmental agency with jurisdiction. 4. City consents to the dedication of the Cut -de -Sae Property as part of the replatting and subdivision of the Property. 5. Any notice, request, demand, approval or consent given or required to be given under this Covenant 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 tho.addresses stated below or at the last changed address given by the party to be notified as hereinafter speciAe 1 MIA 184955720v3 Grantor: 3500 Saint Gaudens, LLC 355 Alhambra Circle, Suite 801 Coral Gables, Florida 33134 Attn: Mr. Peter Hoffmann With a copy.to: Greenberg Traurig, P.A. 333 S.B. 2nd Avenue Miami, Florida 33131 Attn: Kerri L. Barsh, Esq. City: City of Miami Office of the City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33130 6. This his Covenant may not be amended, modified, or terminated except by written agreement of the Grantor and the City. Further, no amendment, modification or termination (except as self -termination term defined in Sections 3 and 13) of this Covenant shall be effective unless in writing and recorded in the Public Records of Miami -Dade County, Florida, 7, It is not intended that this Covenant shall inure to the benefit of, or be binding upon, any parties other than the parties to this Covenant, their heirs, successors, and assigns. 8, In the event any term or provision of this Covenant shall be deternvned by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Covenant shall be construed in full force and effect. 9, This Covenant contains the entire agreement of the parties relating to the subject matter set forth hereinand all prior or contemporaneous contracts negotiations and agreements shall be deemed to be merged herein, 10. This Covenant shall be governed by, construed and enforced in accordance with the laws of the State of Florida. All of the parties to this Covenant have participated fully in the negotiation and preparation of the Covenant, and, accordingly, this Covenant shall not be more strictly construed against any one of the parties to this Covenant. In construing this Covenant, the singular shall be held to include the plural, the plural shall be held to include the singular and the use of any gender shall be held to include every other gender. 11. Grantor shall indemnify, defend, and hold harmless the City from any claims, demands, liabilities, losses or causes of action caused by Grantor's failure to properly install the DBRM- Required Engineering Control over the Cut -de -Sac Property. 12. Invalidationof any one of these covenants by judgment of Court shall not affect any of the other provisions of the Covenant, which shall remain in full effect. 1.3. It is expressly understood and agreed that this Covenant shall be a covenant running with th land, binding upon Grantor, its successors in interest or assigns, and shall be a condition implied in 2 MIA 184955720v3 OR L K 29 89:1 PG 38:10 L,,A rT PAGE conveyance or other instrument affecting the title to the Cul-de-Sac Property or any portion thereof. This Covenant andits provisions shall self- terminate 4 years after a determination that no further action is required (with or without) conditions from the Miami -Dade County Department of Regulatory and Beonomie Resources ("RER or DERM") or other governmental agency with jurisdiction. IN WITNESS WHEREOF, Grantor has caused these presents to be executed and signed in its name and its corporate seal to be affixed hereto and attested to by its secretary, the day and year first above set forth. 3500 rya' I au ens, LLC, a Florida limited First Witness liab' 't ..,• ! p. n3� / O2CJ4 ScAD 7 /' /u/r�f/l�I l 33/-AS Witness Print Name & Address By: Its: Seco. Witness Tit aRa Cavoejo While Print Name & Address �. ZoZ: 'ar,& ..(I iv- && ( Ic�fl �= 3,102A STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE I HEREBY CERTIFY that on this J 9 day of lyre I', 6/1 2015 personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments,2' " 2M, k/ , as Managing Member of 3500 Sat Gaudens, LLC, a Florida limited liability company. He is personally known to me or has produced /141-'l /« was identification. / ictoria Men , Esquire ity Attor - cry, City of Miami MIA 184955720v8 \ \`"\\c- v NOTARY PUBLIC, STATE OF FLORIDA Print Name: 11 / 1 i r Commission Expires: . / c),,&'-'/•/ -"1 e wvu,,• 1. E. REINER i �,, Notary Public.. State of Florida ' = My Comm.. Expires 00. 4, 2018 Commlision 0 FF 1'43411 1 4;, ,t � goaded Through National Notary Assn, '.;;•rATE OF FLORIDA, COUNTY OF DADE Hb f?EE:F7v CERTIFY that thi t+'A ,rue copy of the original filed in this okicirfef 3 day of vb+; �•,:' : ;; my and and Official Seal. ti RVEiY� UVIN, CLERQt, o 1;irc fitandCounty Courts D.C. RE A MA SHALL #208066