HomeMy WebLinkAboutExhibitLOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
Prepared by and return recorded copy to:
City of Miami Public Works Department
Attention: Director, Eduardo (Ed) Santamaria, P.E., CGC
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130-1910
COVENANT RUNNING WITH THE LAND ("COVENANT")
THIS COVENANT made and entered into this day of
20 , by and between BRICKELL CITY CENTRE PROJECT LLC (hereinafter called
"COVENANTOR") and the CITY OF MIAMI, FLORIDA, a municipal corporation of the State
of Florida, located in Miami -Dade County (hereinafter called "CITY"); and
WHEREAS, COVENANTOR is the fee OWNER of: See attached Exhibit "A"
containing a legal description of the property (hereinafter called "PROPERTY"); and
WHEREAS, COVENANTOR has requested permission. from CITY to construct and
maintain nonstandard improvements described in Exhibit "B" (hereinafter collectively called
"IMPROVEMENTS") within the public right-of-way on SE 6TH STREET, SE/SW 7TH
STREET, SE/SW 8TH STREET, AND S. MIAMI AVENUE, adjacent to PROPERTY; and
WHEREAS, CITY has in turn requested permission from THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION (hereinafter called "FDOT") to maintain those
portions of the IMPROVEMENTS constructed by COVENANTOR along SE/SW 7TH
STREET AND SE/SW 8TH STREET, adjacent to the PROPERTY, which are under the
maintenance jurisdiction of FDOT; and
WHEREAS, CITY has required the COVENANTOR to execute and deliver to CITY this
instrument as a condition precedent to the granting of said permission to construct and maintain
{36134191;7} 1
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
the IMPROVEMENTS, and as a condition precedent to the CITY's acceptance of said
maintenance responsibilities from FDOT; and
WHEREAS, the portion of S. MIAMI AVENUE adjacent to the PROPERTY is under
the jurisdiction of MIAMI-DADE COUNTY (hereinafter called "COUNTY"); and
WHEREAS, COVENANTOR has been authorized by COUNTY to construct and
maintain those portions of the IMPROVEMENTS along S. MIAMI AVENUE, adjacent to the
PROPERTY, which are under the maintenance jurisdiction of COUNTY; and
NOW THEREFORE, in consideration of the permission by CITY to allow the
construction and maintenance of the IMPROVEMENTS within the dedicated public right of way
by COVENANTOR and in the further consideration of the premises, COVENANTOR does
hereby covenant and agree with CITY that COVENANTOR shall, at no cost to the CITY,
remove the aforementioned IMPROVEMENTS whenever requested by, and upon thirty (30)
days written notice from, the Director of the Department of Public Works of CITY.
In the event that COVENANTOR, its successors, or assigns fails to remove the
IMPROVEMENTS when so requested, the Director of the Department of Public Works of
CITY shall cause the aforementioned IMPROVEMENTS to be removed at the expense of
COVENANTOR; the amount of such removal cost shall be declared and established as a lien on
the property of such defaulting COVENANTOR and enforced as any lien of materials furnished
and work and labor done provided under the Statutes of the State of Florida, the applicable
Codes of the City and the County, and the COVENANTOR voluntarily, knowingly and freely
covenants and agrees that allrecourse or cause(s) of action against the CITY is hereby expressly
waived as to any damage caused, direct, indirect, special, consequential or otherwise, to any
{36134191;7} 2
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
portion, in whole or in part, of the remainder of COVENANTOR's improvements, resulting from
the removal of the aforesaid IMPROVEMENTS from said public -Right -of -Way.
COVENANTOR shall provide maintenance of the IMPROVEMENTS, in accordance
with the CITY's standards and specifications.
In addition, COVENANTOR agrees to accept andassume all obligations and.
responsibilities being assigned to CITY in that certain FDOT MAINTENANCE
MEMORANDUM OF AGREEMENT (hereinafter called "MMOA"), a copy of which is
attached Exhibit "C." In doing so, COVENANTOR accepts and assumes all obligations and
responsibilities pertaining to the IMPROVEMENTS within the PROJECT LIMITS, as is defined.
by FDOT in the attached MMOA (hereinafter. called "FDOT PROJECT LIMITS").
COVENANTOR shall inspect, manage and perform maintenance and repairs of all
IMPROVEMENTS located within the FDOT PROJECT LIMITS, except as set forth in Section 3
of the MMOA. COVENANTOR shall further inspect the FDOT PROJECT LIMITS to ensure
that no unpermitted IMPROVEMENTS or modifications are installed or constructed, and that
any such unpermitted IMPROVEMENTS or modifications are immediately removed, or
permitted in accordance with FDOT permitting requirements. Notwithstanding the foregoing,
COVENANTOR shall be obligated to remove any IMPROVEMENTS or features within the
FDOT PROJECT LIMITS that may cause an unsafe condition to the public.
COVENANTOR's maintenance and repair obligations shall extend and include all
IMPROVEMENTS, including but not be limited to sidewalks, pavers, pedestrian ramps, curb,
gutter, grass, landscape, planters, irrigation, vents, grates, handrails, drop-off zones, turning
{36134191;7} 3
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
lanes, bus bays, loading and unloading areas, signs and street lighting located within the FDOT
PROJECT LIMITS, as is further stipulated in the MMOA.
COVENANTOR shall be responsible for and inspect, maintain, repair and manage or
cause to be maintained and repaired all IMPROVEMENTS and aboveground features located
within the footprints of the FDOT PROJECT LIMITS, including but not limited to commercial
elements, banners, pay phones, vending machines, flag poles, decorative lighting, ornamental
light fixtures, benches, ash urns, trash receptacles, bicycle racks, bus benches and shelters,
ATMs, valet parking stations, play/entertainment areas, event tents and platforms, kiosks, tables
and chairs, advertising items, decorations, pedestrian shelters, and other features installed within
the FDOT PROJECT LIMTTS from time to time, pursuant to a duly issued permit.
COVENANTOR shall also inspect, monitor and manage all permits and encroachments,
including aerial encroachments within the FDOT PROJECT LIMITS.
COVENANTOR shall ensure that a clear pedestrian path is maintained at all time in the
state right of way and easements, within the FDOT PROJECT LIMITS. For purposes of this
COVENANT, the "Clear Pedestrian Path" is defined as an American Disabilities Act (ADA)
compliant continuous, unobstructed way of pedestrianpassage within the FDOT PROJECT
LIMITS, extending horizontally five (5) feet. No IMPROVEMENTS, features, obstructions or
encroachments of any kind shall be permitted within the Clear Pedestrian Path at any time,
except as may be required, and approved by FDOT, pursuant to the Paragraph hereunder.
COVENANTOR shall maintain the IMPROVEMENTS in accordance with all applicable
FDOT guidelines, standards, and procedures, which shall include but shall not be limited to the
Maintenance Rating Program Handbook, as may be amended from time to time. Additionally,
{36134191;7} 4
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
when FDOT does not have guidelines, standards, and procedures related to certain maintenance
activities, COVENANTOR shall maintain the IMPROVEMENTS in accordance with Federal
standards, guidelines, and procedures, as may be amended from time to time, and in accordance
with the standards set forth in the FDOT Plans, in the FDOT Project Specifications, Special
Provisions and all Manufacturer's and Vendor's maintenance recommendations.
COVENANTOR shall ensure that any IMPROVEMENTS comply with the terms of the MMOA,
and meet FDOT safety guidelines.
COVENANTOR's responsibilities and maintenance obligations hereunder shall include,
but not be limited to:
a. Performing routine and regular inspections of the Clear Pedestrian Path
surface to ensure that the surface is ADA compliant;
b. Identifying damage and/or malfunctions in the surfaces; and repairing
and/or replacing damaged areas to ensure surfaces are maintained and that they do not
pose safety hazards for the public.
c. Conducting annual condition surveys of the surfaces for gaps, settlement,
drop-offs, rutting, raveling, pot holes, delamination, cracking and other deficiencies
described in the MMOA.
d. Ensuring that gaps within the surfaces shall not exceed a quarter (1/4) of
an inch. Differential settlement within the concrete/finish surfaces shall not exceed a
quarter (l./4) of an inch in depth.
e. Undertaking the maintenance and repair (when needed) of proposed
detectable warning surface as specified in the FDOT Plans and the latest Standard
{36134191;7} 5
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
Specifications For Road And Bridge Construction and in accordance with all applicable
FDOT guidelines, standards, and all applicable ADA requirements, as amended from
time to time.
f. When remedial action is required in accordance with the above
requirements, COVENANTOR at its own expense shall complete all necessary repairs
within ninety (90) days of the date the deficiency is identified.
g. COVENANTOR is responsible for obtaining copies of all applicable rules,
regulations, policies, procedures, guidelines, and manuals, and the Project Specification
and Special Provisions, as may be amended from time to time.
h. Maintaining a service log of all maintenance operations that sets forth the
date of the maintenance activity, the location that was maintained, and the work that was
performed.
i. Submitting Lane Closure Requests to FDOT when maintenance activities
will require the closure of the sidewalk or a traffic lane in FDOT right-of-way. Lane
closure requests shall be submitted through the District Six Lane Closure Information
System, to the FDOT area Permit Manager and in accordance with the District Six Lane
Closure Policy, as may be amended from time to time.
COVENANTOR shall indemnify, defend, and hold CITY, its officers and employees,
harmless from any claims, demands, liabilities, losses or causes of action of any nature
whatsoever arising out of the acceptance by the CITY of this Covenant and/or the use,
construction, maintenance and/or removal of the IMPROVEMENTS, or any part hereof, from
{36134191;7} 6
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
and against any orders, judgments or decrees that 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
COVENANTOR shall indemnify, defend and save CITY, its officers and employees,
harmless from and against any and all claims, liability, losses and causes of action, of any nature
whatsoever that may arise out of the granting of this Covenant or out of COVENANTORS'
activities under this Covenant, 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 that 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 or against, any civil actions, statutory or similar claims, injuries or damages arising or
resulting from the permitted work or use of the right of way, even if it is alleged that the City, its
officials and/or employees were negligent.
Additionally, COVENANTOR shall indemnify, defend, and hold CITY, its officers and
employees, harmless from any claims, demands, liabilities, losses or causes of action of any
nature whatsoever arising out of the acceptance by the CITY of the MMOA with FDOT, or any
part thereof or activities thereunder, from and against any orders, judgments or decrees that 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.
COVENANTOR shall keep in full force and effect, at all times during the exercise of this
Covenant, a commercial general liability policy of insurance of at least $1,000,000 per
occurrence and $2,000,000 aggregate for bodily injury, including death, and property damage.
{36134191;7} 7
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
The certificate of insurance should afford coverage for premises and operations liability,
products and completed operations, personal and advertising injury liability, and any other
endorsements pertinent to the scope of work. The insurance should be primary and non-
contributory.
The insurance and Covenant shall be subject to the approval of the CITY' s Risk
Manager and the CITY Attorney. The insurance policy shall be procured and premiums paid by
COVENANTOR. The effective date of the policy shall be prior to or on the effective date of the
Covenant, and the policy term or any renewals thereof shall remain in effect for the term of the
Covenant.
The insurance carrier for the policy must be rated no less than A- 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 CITY's Risk Manager. CITY shall be listed as Additional Insured under the
policy, and FDOT and COUNTY shall be listed as Additional Insured under the policy. Proof of
insurance shall be supplied to the satisfaction of CITY, FDOT, and COUNTY prior to the
issuance of any permits. A Certificate of Insurance bearing CITY, FDOT, and COUNTY as
"Additional Insured" shall in no way relieve COVENANTOR of the obligation to add CITY,
FDOT, and COUNTY as "Additional Insured" to the actual insurance policy. The insurance
policy shall provide that CITY, FDOT, and COUNTY 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
CITY, FDOT, and COUNTY with the receipt of a certificate of insurance for such policy by
{36134191;7} 8
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
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 CITY is not in possession of same by such date,
then 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 CITY shall have the right to declare and
establish said costs as a lien on the PROPERTY of COVENANTOR, enforced as any lien
provided for under the statutes of the State of Florida. COVENANTOR agrees to increase from
time to time, as required by the City's Code, the limits of the comprehensive liability insurance
policy required to be provided pursuant to this Covenant, upon the written request of CITY.
It is expressly understood and agreed that this COVENANT touches and concerns the
PROPERTY, and shall be binding upon COVENANTOR, and also upon grantees, heirs,
successors -in -interest or assigns of COVENANTOR, and shall be a condition -implied in any
conveyance or other instrument affecting the title to the aforesaid property or any portion
thereof. Additionally, FDOT shall be deemed a third party beneficiary to the COVENANT and
none of the obligations or responsibilities in this COVENANT may be released from the
PROPERTY without prior written consent of FDOT,
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 (returnreceipt requested), postage paid, 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:
{36134191;7} 9
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
COVENANTOR:
CITY:
COUNTY:
BRICKELL CITY CENTRE PROJECT LLC
Attn: Chris Gandolfo
501 Brickell Key Drive, Suite 600
Miami, FL 33131
and
AKERMAN LLP
Attn: Spencer Crowley
1 SE 3rd Avenue, 25th Floor
Miami, FL 33131
THE CITY OF MIAMI
Attention: Director, Department of Public Works
444 S.W. 2nd Avenue, 8th Floor
Miami, Florida 33130
MIAMI-DADE COUNTY
Attention: Director, Public Works and Waste
Management Division
111 NW 1st Street, 16th Floor
Miami, FL 33128-1993
COVENANTOR herein expressly acknowledges that (a) permission granted by the CITY
to construct the IMPROVEMENTS on CITY public right of way is solely for the limited
purposes set forth herein and does not constitute a lease and that the rights of the
COVENANTOR hereunder are not those of a tenant but is a mere personal privilege to do
certain acts on CITY public right of way, (b) the CITY retains dominion, possession and control
of the CITY public right of way and can in the event of default by COVENANTOR unilaterally
end the permission granted herein to COVENANTOR, without 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
{36134191;7}
10
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
and (c) COVENANTOR does not and shall not claimat any time any interest or estate of any
kind or extent whatsoever in the CITY public right of way by virtue of its use hereunder or by
virtue of any expenditures incurred in connection herewith.
[signature page follows]
{36134191;7} 11
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
Signed, Sealed, Attested
And delivered in our presence:
FIRST WITNESS: COVENANTOR:
Sign: Brickell City Centre Project LLC,
Print Name: a Florida limited liability company, as
Address: Trustee under Land Trust No. BCC-2012
Name: Chris Gandolfo
Title: Vice President
SECOND WITNESS: Trustee executes this Covenant solely as
Trustee under Land Trust No. BCC-2012 and
Sign: not individually, and no personal recovery
Print Name: or judgment shall ever be sought or
Address: obtained against Trustee by reason hereof.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
by Chris Gandolfo, as Vice President of Brickell City Centre Project LLC, a Florida
limited liability company, as Trustee of Land Trust No. BCC-2012, on behalf of said limited
liability company. He is personally known or has produced
as identification.
[SEAL]
NOTARY PUBLIC STATE OF FLORIDA
Print Name:
Commission No.:
Commission Expires:
{36134191;7}
12
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
CITY OF MIAMI,
a municipal Corporation of the State of Florida:
Daniel J. Alfonso
City Manager
APPROVED AS TO CONTENT:
Eduardo Santamaria, P.E., CGC
Director, Department of Public Works
APPROVED AS TO INSURANCE REQUIREMENTS:
Anne -Marie Sharpe
Director of Risk Management
APPROVED AS TO FORM AND CORRECTNESS:
Victoria Mendez
City Attorney
{36134191;7}
13
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Brickell City Centre North Block:
LOTS 1 THROUGH 6, THE WEST HALF OF LOT 7, AND LOTS 9-14, BLOCK 107S, OF
PATTERSON AND OLIVE SUBDIVISION, ACCORDING TO THE MAP OR PLAT
THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 77, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA.
LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PARCEL
CONVEYED BY RIGHT-OF-WAY DEED RECORDS IN OFFICIAL RECORDS BOOK
25161, PAGE 1547, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
Brickell City Centre East Block:
PARCEL I:
LOTS 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, AND 15, IN BLOCK 106S, OF S.L. & J.B.
PATTERSON AND J.F. AND B.T. OLIVE SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 77, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA.
LESS:
THOSE PORTIONS OF LOTS 1, 9, 10, 11, 12, 13, 14, AND 15, BLOCK 106S, OF THE S.L. &
J.B. PATTERSON AND J.F. AND B.T. OLIVE SUBDIVISION, ACCORDING TO THE
PLAT BOOK THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 77, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING IN SECTION 38,
TOWNSHIP 54 SOUTH, RANGE 41 EAST, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE RUN NO2°16'51" W
ALONG THE WESTERLY BOUNDARY OF SAID LOTS 9 AND 1, FOR A DISTANCE OF
299.90 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY BOUNDARY
OF SAID LOT 1; THENCE RUN N87°47'15" E ALONG SAID NORTHERLY BOUNDARY
OF LOT 1 FOR A DISTANCE OF 30.03 FEET TO A.POINT OF CUSP AND CURVATURE
OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS
OF 25.00 FEET AND A TANGENT BEARING OF S87°35'49" W; THENCE TURNING 180°,
RUN WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE TO
THE LEFT THROUGH A CENTRAL ANGLE OF 90°04'06" FOR AN ARC LENGTH OF
39.30 FEET TO A POINT OF TANGENCY ON A LINE THAT IS 5.00 FEET EASTERLY
{36134191;7}
14
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
AND PARALLEL WITH THE WESTERLY BOUNDARY OF SAID LOTS 1 AND 9;
THENCE RUN S02°16'51" E ALONG SAID LINE THAT IS 5.00 FEET EASTERLY AND
PARALLEL TO SAID WESTERLY BOUNDARY OF LOTS 1 AND 9, FOR A DISTANCE
OF 234.80 FEET OT THE POINT OF BEGINNING OF A CIRCULAR CURVE CONCAVE
TO THE NORTHEAST AND HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET
AND TANGENT BEARING OF NO2°16'51 "E; THENCE RUN SOUTHERLY,
SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE
TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90°07'20" FOR AN ARC DISTANCE
OF 39.32 FEET TO THE POINT OF TANGENCY AND A POINT ON A LINE THAT IS 15.00
FEET NORTHERLY AND PARALLEL WITH THE SOUTHERLY BOUNDARY OF SAID
LOTS 9, 10, 11, 12, 13, 14, AND 15; THENCE RUN N87°35'49" E ALONG SAID LINE
THAT IS 15.00 FEET NORTHERLY AND PARALLEL TO THE SOUTHERLY BOUNDARY
OF LOTS 9, 10, 11, 12, 13, 14, AND 15, FOR A DISTANCE OF 319.95 FEET TO A POINT
ON THE EASTERLY BOUNDARY OF SAID LOT 15; THENCE RUN S02°16'51" E ALONG
SAID EASTERLY BOUNDARY OF SAID LOT 15, FOR A DISTANCE OF 15.00 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 15; THENCE RUN S87°35'49" W ALONG
SAID SOUTHERLY BOUNDARY OF LOTS 9, 10, 11, 12, 13, 14, AND 15, FOR A
DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING.
Brickell City Centre West Block:
PARCEL I:
LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9 IN BLOCK 53S, OF AMENDED PLAT OF BLOCK 38A
AND THE NORTH HALF OF BLOCK 53S CITY OF MIAMI, ACCORDING TO PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 74, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA.
LESS:
THE EAST 5 FEET OF LOTS 1, 2 AND 3, IN BLOCK 53S OF AMENDED PLAT OF BLOCK
38A AND THE NORTH HALF OF BLOCK 53S CITY OF MIAMI, ACCORDING TO PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 74, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA, PER RIGHT OF WAY DEDICATION,
RECORDED IN OFFICIAL RECORDS BOOK 28162, PAGE 3854 OF SAID PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
LESS:
ALL THAT PART WHICH LIES WITHIN THE EXTERNAL AREA FORMED BY A 25
FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, TANGENT TO THE WEST
LINE OF THE EAST 5 FEET OF SAID LOT 3, BLOCK 53S, AND TANGENT TO THE
NORTH LINE OF SAID LOT 3, BLOCK 53S, PER RIGHT OF WAY DEDICATION,
{36134191;7}
15
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
RECORDED IN OFFICIAL RECORDS BOOK 28162, PAGE 3854 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 16, 17, 18, 19, 20, 21, 22, 23 AND 24, IN BLOCK 53S, OF "MIAMI", ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, AT PAGE 41, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS THE SOUTH 10 FEET OF THE
WEST 55 FEET OF SAID LOT 22 AND LESS THE SOUTH 10.00 FEET OF SAID LOTS 16,
17, 19,20AND 21.
LESS:
THAT PORTION OF LOT 22, BLOCK 53S, OF THE MAP OF MIAMI-DADE COUNTY,
FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B,
AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA., AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE
OF S.W. 8TH STREET WITH THE WESTERLY RIGHT OF WAY OF S. MIAMI AVENUE
AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF
WAY MAPS FOR SECTION 87120-2513; THENCE RUN SOUTH 87°42'43" WEST ALONG
SAID NORTHERLY RIGHT OF WAY LINE FOR A DISTANCE OF 25 FEET TO THE
POINT OF BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST
AND HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A TANGENT
BEARING OF NORTH 87°42'43" EAST; THENCE RUN NORTHEASTERLY,
NORTHERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR
CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 89°59'34" FOR A DISTANCE
OF 39.27 FEET TO THE POINT OF TANGENCY AND A POINT OF SAID WESTERLY
RIGHT OF WAY LINE; THENCE RUN SOUTH 02°16'51" EAST ALONG SAID
WESTERLY RIGHT OF WAY LINE FOR. A DISTANCE OF 25.00 FEET TO THE POINT OF
BEGINNING, PER RIGHT OF WAY DEDICATION, RECORDED IN OFFICIAL RECORDS
BOOK 12159, PAGE 482 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
LESS:
THE EAST 5 FEET OF LOTS 22, 23, 24, BLOCK 53S OF "MIAMI", ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 41, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, LESS THE SOUTH 10 FEET OF SAID LOT 22
PER RIGHT OF WAY DEDICATION, RECORDED IN OFFICIAL RECORDS BOOK 28162,
PAGE 3854 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA
LESS:
{36134191;7}
16
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
ALL THAT PART WHICH LIES WITHIN THE EXTERNAL AREA FORMED BY A. 25
FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, TANGENT TO THE WEST
LINE OF THE EAST 5 FEET OF SAID LOT 22, BLOCK 53S, AND TANGENT TO THE
NORTH LINE OF THE SOUTH 10 FEET OF SAID LOT 22, LESS THAT PORTION
PREVIOUSLY DEDICATED FOR RIGHT OF WAY, PER RIGHT OF WAY DEDICATION,
RECORDED IN OFFICIAL RECORDS BOOK 28162, PAGE 3854 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
TOGETHER WITH:
PARCEL II:
THE EAST 50 FEET OF LOTS 10, 11, AND 12 IN BLOCK 53A, AMENDED PLAT OF
BLOCKS 38A AND THE NORTH HALF OF BLOCK 53S CITY OF MIAMI, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 74, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PARCEL III:
THE EAST 50 FEET OF LOTS 13, 14, AND 15, BLOCK 53S, MAP OF MIAMI, DADE
COUNTY, FLA., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
B, AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
LESS THE SOUTH 10 FEET THEREOF
{36134191;7}
17
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
EXHIBIT B
DESCRIPTION OF NON-STANDARD IMPROVEMENTS
1. Sidewalks and Roadway Pavers
2. Pedestrian Ramps
3. Curbs and Gutters (C&G), Valley Gutters
4. Landscaping, including but not limited to grass, planters, and irrigation
5. Vents and Grates
6. Handrails
7. Drop -Off Zones
8. Parking Lanes
9. Median
10. .S. 41/SW 7th SBus Bays
11. Bus Bays
12. Loading and Unloading Areas
13. Signs
14. Street Lighting
15. Commercial Elements (including, but not limited to, tenant signage, directories, tenant
information, maps, directional signs, gift card dispensing machine, and poster cases for
advertisements)
16. Banners
17. Pay Phones
18, Vending Machines
19. Flag Poles
20, Decorative Lighting and Ornamental Light Fixtures
21. Benches
22. Ash Urns
23. Trash Receptacles
24. Bicycle Racks
25. Bus Benches and Shelters
26. Automated Teller Machines (ATMs)
27. Valet Parking Stations
28. Play/Entertainment Areas (children soft play area, amphitheater/seating)
29. Event Tents and Platforms
30. Kiosks
31. Tables and Chairs
32. Advertising Items
33. Decorations
34. Pedestrian Shelters
35. Planter and/or Planter Pots
36. Security Cameras
37. Clock and/or Clock Towers
38. Any future modifications and non-standard improvements permitted by the CITY
39. And other features installed within the public rights -of -way from time to time, pursuant
to a duly issued permit.
{36134191;7} 18
LOCATION: BRICKELL CITY CENTRE
MIAMI, FL 33131 AND 33130
{36134191;7}
EXHIBIT C
FDOT MAINTENANCE MEMORANDUM OF AGREEMENT
19