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
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OR BK 29391 P.96 uEiH3-'381.'.' ONO
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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
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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
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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
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NOTARY PUBLIC, STATE OF FLORIDA
Print Name: 11 / 1 i r
Commission Expires: . / c),,&'-'/•/ -"1 e
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i �,, Notary Public.. State of Florida
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Commlision 0 FF 1'43411
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'.;;•rATE OF FLORIDA, COUNTY OF DADE
Hb f?EE:F7v CERTIFY that thi t+'A ,rue copy of the
original filed in this
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3 day of
vb+; �•,:' : ;; my and and Official Seal.
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