HomeMy WebLinkAboutSubmittal-Iris Escarra-Covenant'Ibis instrument was prepared by
or under the supervision of
Kcal 1.. Harsh, 1:sc1.
t rtenbcrg Trautig, P.A.
333 S.E. 2ncl'Avenue
Miami. FL 33131
LIMITED COVENANT
Submitted into the public
record for itemfs) e H . 2-
on ! )• I 1 5 City Clerk
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 Horida, 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 cuncnlly in the process of replanting and suhclividing the Propcny; and
WHEREAS., Grantor has requested that City consent to the dedication to City atilt: cut -de -sac located
at the casteirn terminus of Saint Gaudens .Road (the "Cul-de-Sac Property"). and more particularly described in
the attached Exhibit "B"; and
WHEREAS, the Cu1-dc-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 .Condit ions closure.
NOW 'THEREFORE, subject to the terms and conditions set iirrth herein below, and in further
consideration of these premises, Grantor does hereby covenant and agree with City as Ib!lows:
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 Cul-de-Sac Property as required by
DERM (hereinafter, the "DERM-rcquircd Engineering Control').
3. This Covenant and its provisions shall self -terminate 4 years alter a determination that no
further action.is rcquircd (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 Cul-de-Sac Property as part of the rcplatting and
subdivision of the Propcny.
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 ,theladdresscs
stated below or at the last changed address given by the party to be notified as hcrcinaftcr spccieilr
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15-0 I(6 .(o- Submil-t-GO- IreSCUvvb\- Covnc ri --
Submitted into the public
record for item(s) P H ,
on • ICI • t 5 . City Clerk
Grantor: 3500 Saint Gaudcns, LLC
355 Alhambra Circle, Suite 801
Coral Gables, Florida 33134
Attn: Mr. Peter 1-11offmunn
With a copy to: Greenberg Traurig, P.A.
333 S.E. 2'ma Avcnuc
Miami Horida 33131
Attn: Kcrri L. f3arsh, Esq.
City: City of Miami
Office of the City Attorney
444. S.W. 2nd Avenue, Suite 945
Miami, Florida 33130
6. This his Covenant maiy not be amended, maclidied, or terminated except by written agreement
of the Grantorand the City. Further. no amendment, modification or termination (cxccpt as sell -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 panics to this Covenant, their heirs, successors; and assigns.
8.. In the event any tarn- or .provision of this Covenant shall .be determined by appropriate
judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or
he 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 herein and 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 Stale 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.
IJ. •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 DERM- Required
Engineering Control over the Cul-de-Sac Property.
12. Invalidation of any one of these covenants by judgment of coon shall not affect any of the
other provisions of thc.Covenant, which shall -remain in full clTcet.
13: ' It is expressly understood and agreed that this Covenant shall be a.covcnant running with•th,
land, binding upon Grantor, its successors in interest or assigns, and shall be a condition implied in
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Submitted into the public
record for item(s) P 1"1.2
on I I ' I '3 • 1 s . City Clerk
conveyance or other instrument affecting the title to the Cul-de-Sac Property or any portion thereof. 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.
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 secret�ry, the day and year first above set forth.
I
3/5-00,_ at al de s, LLC, a Florida limited
liabili ,c. Many
kiy:
First Witness
IOz04- sl.J C/+ /e ,U, f1Ar,, l..33/4-5
Witness Print Name & Address
Milnens-Prin ame & Addres
a.S-.>
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Its:
is M / iUM,t/ FL- 35 i-2.6f
)SS
I HEREBY CERTIFY that on this /9. day of j/o(/E.�y, .? 2015 personally appeared before me, an
officer duly authorized to administer oaths and take acknowledgments,7l Z &i , as Managing Member
of 3500 Sat Gaudens, LLC, a Florida limited liability company. He is personally known to me or has
produced { 5b,JAeL ' /. .-k,c»Jas identification.
APPROVED
Victoria Mendez, Esquire
City Attorney, City of Miami
NOTARY PUBLIC, STATE OF FLORIDA
Print Name: €7 4/ I4 E El.JE2
Commission Expires: /a o(i/-2.c/8
M . REINER
AP` )°`1. Notary Public • State of Florida
My Comm. Expires Oct 4.2018
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