HomeMy WebLinkAboutSubmittal-Iris Escarra-Covenant to Run with the LandThis instrument is prepared by ( and after recording )
please return this instrument to:
Iris Escarra, Esq.
Greenberg Traurig
333 Avenue or Americas
44th Floor
Miami, FL 33131
Pg
Submitted into the public
recor fo item(s) L
on City Clerk
Reserved for Recording
COVENANT TO RUN WITH THE LAND
THIS COVENANT (hereinafter the "Agreement"), is made as of this day of
, 2016, by and between PRH NE 31 sT STREET., LLC, a Florida limited
liability company, and PRH PARAISO TWO, LLC, a Florida limited liability company, whose
post offices addresses are 315 South Biscayne Boulevard 4t1' Floor, Miami, Florida 33131, party
of the first part (collectively the "Covenantor"), and the CITY OF MIAMI, a municipal.
corporation of the State of Florida, in the County of Miami -Dade, party of the second part (the
"City").
RECITALS
WHEREAS, Covenantor owns the parcels more particularly described in the attached
Exhibit "A-1 to A-2" (the "Covenantor's Property"); and
WHEREAS, Covenantor intends to construct and develop a multifamily and mixed use
subdivision, consisting of certain parcels (some of which may be submitted to the condominium
form of ownership), together with certain recreational amenities on a portion of Covenantor's
Property known as Paraiso Bay (hereafter the "Community") as depicted in the Contextual Plan
attached as Exhibit "C"; and
WHEREAS, the Covenant shall run with the land described in Exhibit "D"; and
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1k,-061lei-Sobrn► i- aI-Tos CCUaYa`Codenor4_- e_uYl 'r}n ._r_e Lo
Submitted into the public
record `oritemo)
on l ! 1 IIC_ City Clerk I1ana Park Covenant
WHEREAS, the Covenantor has agreed to dedicate to the City, waterfront land (Tract F)
consisting of a minimum of 26,186 SF to be used and enjoyed as a public park (the "Park") in
perpetuity and has agreed to maintain said park in perpetuity; and
WHEREAS, Covenantor has agreed to make improvements to the new waterfront park
(hereinafter collectively called the "Improvements") which shall consist of landscaping trees, an
irrigation system, a decorative street lighting system, decorative sidewalk and baywalk, pavers
and related structures as more described in greater detail on the Exhibit "B-1 and B-2"; and
WHEREAS, Tract E shall be limited to two (2) stories plus a rooftop terrace in height
with no residential use.NOW THEREFORE, in consideration of the foregoing and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Covenantor does hereby covenant and agree with City as follows:
1. Recitals. The foregoing recitals are true and correct and are made a part hereof.
2. Defined Terms. All terms utilized in this Agreement but not defined in this
Agreement shall have the meaning ascribed to said terms in the Covenant.
3. Park Dedication. Covenantor hereby agrees to dedicate a minimum of 26,186 SF
of waterfront land to the City of Miami for park purposes, legally described in Exhibit A-1 and
A-2.
4. Tract E. Covenantor shall restrict the use and improvements of Tract E, as
detailed in Exhibit "B-1 and B-2" to a low rise structure, not to exceed two (2) stories plus a roof
top terrace, and those Uses allowed in the T6-36-L transect zone as defined in Ordinance 13114,
the City of Miami Zoning Code.
5. Construction and Maintenance of Park and Improvements. Covenantor is hereby
required to install, construct, maintain, improve, replace, and repair the Improvements at the Park
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on 0,11ti h I lG City Clerk
liana Park Covenant
in accordance with City of Miami standards and specifications. The Park shall remain open to
the public and residents from sunrise to sunset.
b. Requirement that the Improvements be Maintained and/or Restored. In the event
that Covenantor, its heirs, successors, or assigns fail in the reasonable discretion of the Director
of the Parks and Recreation Department 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) days 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 Park to the City's standards at no cost or
expense to the City.
7. Enforcement of Requirement that the Improvements be Maintained and/or
Restored. In the event that Covenantor, its heirs, successors, or assigns fail to either restore the
Improvements, or any part thereof, to a safe condition satisfactory to the City or remove the
Improvements, or any part thereof, and restore the Park, within the specified time as set forth in
Paragraph 5 of this Agreement, 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
Covenantor's Property described on the attached Exhibit "A-1 to A-2" and enforced as any lien
provided for under the Statutes of the State of Florida and the Code and Ordinances of the City
of Miami. Covenantor shall pay the 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.
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record for item(s)
on L3\ M \ 1 City Clerk
liana Park Covenant
8. Waiver of Recourse 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 Property, resulting from the removal of the Improvements, or
any part thereof, from the Park, pursuant to Paragraphs 5 and 6 of this Agreement.
9. Indemnification with Respect to Construction, Maintenance and/or Removal of
the Improvements. Covenantor shall indemnify, 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 costs, attorneys' fees, expenses and liabilities incurred in the defense of such claim, or in the
investigation thereof.
10. Insurance. 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 policy of insurance as may be agreed to he Covenantor
and the City. The insurance shall be subject to the approval of the City's Insurance Coordinator.
Products and completed operations, contractual liability, 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 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 Rated as to management
and no less than Class V as to strength by the latest edition of Best's Insurance Guide and must
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. Submitted into the public
record or 'tem(s)
on l City Clerk
liana Park Covenant
be approved by the Risk Management Division of the City. The City shall be named as
Additional Insured under the policy. Proof of insurance 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 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 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 policy. In the event that the City is not in possession of same
by such date, then the 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 the City shall have the right to declare
and establish said costs as a lien 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
Agreement, upon the written request of the City.
11. Covenant to Run with the Land. It is expressly understood and agreed that this
Agreement shall be binding upon Covenantor and also upon its successors in interest or assigns
including, but not limited to, the association or other entity established to govern the overall
Community once constructed, and shall be a condition implied in any conveyance or other instrument
affecting the title to the aforesaid property or any portion thereof.
The provisions of this Agreement shall become effective upon their recordation in the Public
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Submitted into the public
record for i#cm(s) 1v
on City Clerk
liana Park Covenant
Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years
after the date of such recordation, after which time they shall be extended automatically for
successive periods of ten (10) years each, unless released pursuant to Paragraph 13.
12. Assignment and Assumption by the Paraiso Bay Master Association,_ Inc. At such
time as Covenantor records the certificate of substantial completion required by Section
718.104(4)(e) F.S. as an amendment to that certain. Declaration of Condominium of Paraiso Bay, a
Condominium recorded on November 15, 2013, in Official Records Book 28913, Page 4239 of the
Public Records of Miami -Dade County (the "Substantial Completion Amendment"), then: (i) any and
all responsibilities, obligations, liabilities and/or duties of the Covenantor under this Agreement shall
automatically, by operation of this Agreement, be assigned to, and assumed by, the Paraiso Bay
Master Association, Inc. (which is the entity established to govern the Community), and (ii)
Covenantor shall immediately and permanently be released from any and all responsibilities,
obligations, liabilities and/or duties arising from or relating to this Agreement.
13. Notice. Any notice, request, demand, approval or consent given or required to be
given under this Agreement 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: PRH N.E. 31th Street, LLC,
315 South Biscayne Boulevard
3`a Floor
Miami, Florida 33131
and
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PRI-I Paraiso Two, LLC,
315 South Biscayne Boulevard
3`a Floor
Miami, Florida 33131
Submitted into the public
record for tern(s) lZ E. 1,0
on ,°'2r I f ! l,4 City Clerk
The City:
Rana Park Covenant
with a copy to
Iris Escan-a
Greenberg Traurig
333 Avenue of the Americas
(333 SE 2nd Avenue)
Suite 4400
Miami, Florida 33131
City Manager
The City of Miami
444 S.W. 2ND Avenue
Miami, Florida 33130
and
Parks and Recreation Department Director
The City of Miami
444 S.W. 2nd Avenue
Miami, Florida 33130
14. Modification, Amendment, Release. This Agreement may only be modified,
amended, or released as to the Park, or any portion thereof, by a written instrument executed by
the then owner(s) of the Covenantor's Property (except that to the extent that the Substantial
Completion Amendment is recorded, then by the Board of Directors of the Paraiso Bay Master
Association, Inc., alone, without requiring the joinder of any other owner except as may be
permitted by law), including joinder by all mortgagees, if any, provided that the same shall
require approval by City Commission; and the City Attorney, as to legal form and correctness.
[SIGNATURE PAGE TO FOLLOW]
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Submitted into the public
record for item(s)
on ] I , ! City Clerk
In Witness Whereof, Covenantor has hereunto set Covenantor's hand and seal the day and year
first above written.
Signed, sealed and delivered in our presence:
liana Park Covenant
PRH NE 3151 STREET LLC, a Florida limited
liability company
By: PRH INVESTMENTS, LLC, a Florida
limited liability company, Managing
Member
By: PRH RELATED HOLDINGS, LLC, a
Florida limited liability company,
Managing Member
By: PEREZ ROSS HOLDINGS, LLC, a
Florida limited liability company,
Managing Member
By:
Witness Name: Matt Allen, as Vice President
Witness Name:
State of Florida
County of Miami -Dade
)
The foregoing instrument was acknowledged before me this day of , 2015 by
Matt Allen as Vice President of PEREZ ROSS HOLDINGS, LLC, a Florida limited liability
company, managing member of PRH RELATED HOLDINGS, LLC, a Florida limited liability
company, managing member of PRH INVESTMENTS, LLC, managing member of PRH NE
3lst STREET LLC, a Florida limited liability company. Such individual [i is personally known
or j ] has produced a driver's license as identification.
[Notary Seal]
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Notary Public:
Printed Name:
My Commission Expires:
Submitted into the ubilc
record or .tern(s)
on 1l I City Clerk
liana Park Covenant
In Witness Whereof, Covenantor has hereunto set Covenantor's hand and seal the day
and year first above written.
Signed, sealed and delivered in our presence:
PRH PARAISO TWO LLC, a Florida limited
liability company
By: PRH INVESTMENTS, LLC, a Florida
limited liability company, Managing
Member
By: PRH RELATED HOLDINGS, LLC, a
Florida limited liability company,
Managing Member
By: PEREZ ROSS HOLDINGS, LLC, a
Florida limited liability company,
Managing Member
By:
Witness Name: Matt Allen, as Vice President
Witness Name:
State of Florida
County of Miami -Dade
The foregoing instrument was acknowledged before me this day of , 2015 by
Matt Allen as Vice President of PEREZ ROSS HOLDINGS, LLC, a Florida limited liability
company, managing member of PRH RELATED HOLDINGS, LLC, a Florida limited liability
company, managing member of PRH INVESTMENTS, LLC, managing member of PRH
PARAISO TWO LLC, a Florida limited liability company. Such individual U is personally
known or [ ] has produced a driver's license as identification..
[Notary Seal]
9
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Notary Public:
Printed Name:
My Commission Expires:
Submitted into the public
record for tem(s)
on . I 1 ! City Clerk
APPROVED AS TO FORM AND APPROVED:
CORRECTNESS:
Iiana Park Covenant
VICTORIA MENDEZ KEVIN KIRWIN
City Attorney Director of Parks and Recreation
APPROVED:
FRANCISCO J. GARCIA DEVIN CEJAS
Planning and Zoning Director Acting Zoning Administrator
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Submitted into the public
record for item(s) E, - iP
on SI I I k= . City Clerk
EXHIBrFS "A-1 TO A-2"
THE "COVENANTOR'S PROPERTY"
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liana Park Covenant
Submitted into the public
record for iterrr(s) Q -
on
f�. City Clerk
FX1ITTITT A-i
SKETCH TO ACCOMPANY +NY LEGAL DESCRIPTION
Al ► AC f EME ■ ! "1 »
SCALE 1 '=4Q'
TRACT c'
`IL�NA•
(P B PG._)
-i 5.00'
25.00
LEGEND:
-R/W - DENOTES RIGHT-OF-WAY LINE
-— DENOTES CENTER LINE
DENOTES MONUMENT LINE
P.B. DENOTES PLAT BOOK
PG. DENOTES PAGE
P.O.C. DENOTES POINT OF COMMENCE
PO.B DENOTES POINT OF BEGINNING
25.00
REMAINDER POR170N of LOT 10
IAINES-BAYFRONT
(P.9. 29, PG 55)
t 2 N89 59'54'E-137..18
Qin
�c]r�
v/ I 5E9'59 541V-9E.G0'-
TRACT T
lf..�'lf Vf
PC,,_,_.)
N89'59 54 E-96.00'
A=39.27'
R=25.O0'
A-90'00'O0.
1s
153.2'9'-WEST
N.E. 30th TERRACE n
TRACT LIGHT gEY TRACT (P.& 113,--£'S._
104.21 `—WEST
CV-E—G) t.& U2 Cam C7 3 SC7.C14?.tE3,r iii2d.
LAND SURVEYORS —ENGINEERS —LAND PLANNERS324RPORAI 'WAY- MIRA) AR, FL 33025
PHONE No.(954)435-7010 go. (954)438-3288 = r ;
.P:?a'ARED u
BISCAYNE
5O1'414D'W-269.80'
SHEET 1 OF 2 SHEE 15
ORDER NO. 203788
DATE 03-03-2015
THIS IS NOT A ' BOUNDARY SURVEY
CEMFTG4TE OF A!JTHORIZATION No. LB-87
•
MARK STATN•7.YOHNSON„7.7,RINCIPAt
FLORIDA PROFESSIONAL LAND SURVEYOR Na. 4775
ccomitior
REVISIONS
K0L3053421ELEMENT\SUI VEY CITY OF MI,4MIIdwo JLANA T-PLAT CITY ul- MIAMI-TKAL.r .--HE=VIStu.awa
Submitted into the
• record for, item(s)
an
u Ile
City Clerk
EX.H1tS11 A—Z
LEGAL DESCRIPTION TO ACCOMPANY SKETCI-
ATTAC'HEMENT "1 "
LEGAL DESCRIPTION.
TRACT 'F; ILANA, ACCORDING TO TIE PLAT THEREOF, AS RECORDED IN PLAT BOOK AT PAGE _—
OF THE PUBLIC RECORDS OF MLLM1-DADE COUNTY FLORIDA, LYING AND BEING IN SECTION 30, TOWNSHIP
53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA.
NOTES:
I) BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF 'WEST" ALONG THE MONUMENT
LINE OF N.E. 30th TERRACE.
2) ORDERED BY: THE RELATED GROUP
3j AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF
THE ATTESTING PROFESSIONAL LAND SURVEYOR.
SHEET 2 OF 2 SHEETS
.2C.
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240`CORPORAT£ •'WAY-MIRAIirAR-2. FL 33025
PHONE No.(954)435-7010 No, 054)438=3288
ORDER ND 203788 PREPARED. U FR'dtY SUPUis
ATE; 03-03-2015
THIS IS NOT A ` 80UNDARY SURVEY
CERT1F1C.AIE OF AUTHORIZATION No, L8-87
MARK -STEVFN.JOAVISON , PRINCIPL-
FLORIDA di- SsiGNAL' °LAND SIAVEYOR Na. 4775
K:13Q53421ELEMENTISURVEY CITY 4F MlAMlldwp\PLANA T-PLAT CITY OF MIAMI-TRACT F-REVCSED.dWo
REVISIONS
09/29/15
Submitted into the public
recar *tcm(s)
on J f c City Clerk
EXHIBITS "B-1 AND B-2"
THE IMPROVEMENTS
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liana Park Covenant
Submitted into the public
record for item(s)
City Clerk
on
Tract E to be developed with non residential uses.
Tract F to be developed as a park with the below improvements:
1. Park provided within 10-minute walk. 1/4-mile radius
2. Landscape complies with all code requirements.
3. Proposed Dog Park area with contemporary picket fence
4. Proposed children's playground, exercise station and bay lawn for
flexible activities.
5. Outdoor furniture incfrrding henches, drinking water fountains,
recreational facilities, exercise stations, sculpture garden, trash
receptacles, bicycle racks, etc.
6. Proposed public park signage location at intersection of Biscayne
Boulevard, NE 31st street and park area
7. Landscape plan consisting of priority native shade trees and low -
maintenance, drought -tolerant species
B. High -quality, durable hardscape with a variety of textures
9. Pedestrian -scale outdoor lighting which provides illumination/
security.
10. Universal accessibility in all public areas
11. Proposed bicycle route connection to Miami Bicycle Masterplan
(sharrows).
12. 50% canopy required on site.
ir CT��
i9,600 rRa
sq. ft.
la 22
ARQUITECTONICA
EXHIBIT BI - PARAISO BAY
Park improvements
scale: 1 /32,=1'
0' 16' 32' 64'
Submitted into the p blic
record for item(s) ' €, •
on rb, t f f . City Clerk
Tract E to be developed with non residential uses.
Tract F to be developed as a park with the below improvements:
1. Seamless baywalk transition with park
2. Baywalk meets or exceeds minimum standards listed below:
2' of edge/bulkhead
4' minimum of landscaped safety buffer
15' minimum of pedestrian walkway
Passive/contemplative space next to park area
3. Outdoor sculpture look -out area
4. Walkway lighting that illuminates surrounding areas for safety
5. Backrests, benches and ADA accessibility areas facing water
6. 409E canopy required at walkway
7. Shade trees with sufficient dear trunk at walkway areas to
maximize water views
iR.4Gv E�
9,600 sq.ft.
Wires
AROUITECTONICA
EXHIBIT B2 - PARAISO BAY
Park Improverrments
scale: 1132'=1'
0' 16' 32' 64'
Submitted into the public
record for item(s) (2 • to
on j City Clerk
EXHIBIT "C"
CONTEXTUAL PLAN
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liana Park Covenant
Submitted into the public
record for item(s) ee, i0
31 I on 1 ! (c City Clerk
TRACT "A"
AREA = 67,680 sf.ft
1.55 acres
TRACT "8"
AREA: 10,919 sq.ft.
0,25 acres
cO:Ig }
TRACT "C"
AREA = 158,824 sq.ft.
3.64 acres
CONTEXTUAL PLAN - PARAISO BAY-
TRACT "E"
9,600 sq.ft.
0.22 acres
0.60 acres
Submitted into the public
record for item(s)
an gill 1 1 City Clerk
EXHIBIT "D"
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liana Park Covenant