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HomeMy WebLinkAboutBack-Up DocumentThis Instrument was prepared by: And after recordation return to: Name:Office of the City Attorney Address: 444 S m nd ve , Ste. 945 Attention: Victoria Mendez, Esq. 111111111111111111111111111111111111111111111 CFhi 20r]$R0569564 OR 8k 26474 Pss 1870 - 18791 (10v20 RECORDED 07/11/2008 11:23:15 HARVEY RUVINr CLERK OF COURT PIIAfI-0ADE COUNTY, FLORIDA (Space reserved for Cleric) COVENANT RUNNING WITH THE LAND IN LIEU OF UNITY OF TITLE: KNOW ALL BY THESE PRESENTS that the undersigned, The Department of Off Street Parking of the City of Miami (the "Department"), and the City of Miami, a Florida municipal corporation (the "City"), herein collectively called the "Owners," hereby make, declare and impose on the land herein described, covenants running with the title to the land, which shall be binding on the Owners, ail heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; WHEREAS, Owners collectively hold fee simple title to the land in Miami -Dade County, Florida, described in Exhibit "A," attached hereto and made a part hereof, hereinafter called the "Property" also identified as Folio 01-0109-070-1010 Folio 01-0109-070-1031 WHEREAS, the Department, owns the portion of the Property described in Exhibit "8", hereinafter called the "MPA Parcel" and also identified as Folio 01-0109-070-1010, and WHEREAS, the City, own the remaining portion of the Property described in Exhibit "C", hereinafter called the "City Parcel" also identified as Folio 01-0109-070-1031; and WHEREAS, the Department intends to develop the City Parcel Into a Multi -use parking garage project with 852 spaces consisting of approximately 359,010 square feet (the "Project"), and WHEREAS, the City has agreed to transfer certain unused development rights attributable to the City Parcel to the MPA Parcel to enable the Department to develop the Project and said transfer shall be accomplished in the execution and delivery of this instrument by both parties hereto and the recording of this instrument in the Public Records of Miami -Dade County, Florida Book264741Page 1870 CFN#20080569564 Page 1 of 10 NOW THEREFORE, in consideration of the premises, Owners hereby agree as follows: 1. The Owners of the MPA Parcel and the City Parcel hereby agree and declare that (i) for the purpose of determining compliance with all aspects of the Zoning Ordinance of the City, including without limitation, FAR, setbacks, and design review standards, parking, etc., the Property shall be considered as one plot and parcel of land, and (ii) so long as this instrument shall remain in effect, any and all conveyances or transfers of all or any portion of the Property by the Owner, their grantees, successors and assigns, shall be subject to the terms and restrictions of this Declaration as if any such grantee, successor, or assign, were a party hereto or a signatory hereof. 2. Owners have agreed to apply for and cooperate in order to obtain all necessary land use and zoning approvals to develop the City Parcel, including a Building Permit and all other necessary permits. 3. The provisions of this instrument shall become effective upon their recordation in the Public 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 in writing by the then owners of the Property and the directors of the departments of public works, and planning and zoning of the City, or their respective designees or successors, upon the determination and affirmative finding that the same is no longer necessary to preserve and protect the Property for the purposes herein intended. 4. The provisions of this instrument may be amended, modified or released by a written instrument executed by the then Owners of the Property provided same is approved by the directors of public works, planning and zoning, and building of the City of Miami, or their respective designees or successors, and approved as to legal form by the City Attorney. Thereafter, each of the aforementioned directors shall forthwith execute a written instrument effectuating and acknowledging such amendment, modification or release. 5. In the event of multiple ownership subsequent to the approval of the covenant in lieu of unity of title, each of the subsequent owners shall be bound by the terms, provisions and conditions of this covenant. Further, the Owner agrees that it will not convey portions of the subject property to such other parties unless and until the owners and such parties shall have executed and mutually delivered, in recordable form an instrument to be known as an "easement and operating agreement"' which shall contain, if applicable: Book26474/Page1871 CFN#20080569564 Page 2 of 10 (i) Easements in the common area of each parcel for ingress to and egress from the other parcels; (il) Easements in the common area of each parcel for the passage and parking of vehicles; (iii) Easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) Easements for access roads across the common area of each parcel to public and private roadways; (v) Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (vi) Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; (vii) Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footing, supports and foundations; (viii) Easements on each parcel for attachment of buildings; (ix) Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; (x) Appropriate reservation of rights to grant easements to utility companies; (xi) Appropriate reservation of rights to road rights -of -way and curb cuts; ()ii) Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; (xiii) Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like; and (xiv) The "Easement and Operating Agreement" shall be approved by the Directors of the Department of Public Works, Planning, Zoning, and Building of the City of Miami, or their respective designees or successors and in a legal form approved by the City Attorney, Book26474/Page1872 CFN##20080569564 Page 3 of 10 6. Invalidation of any of these covenants by judgment of Court shall not affect any of the other provisions, which shall remain in full force and effect. 7. This Declaration shall be subject to approval by 'the City, and recorded In the Public Records of Miami -Dade County. 8. Ali rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as any be available to it. [ISSUE: ANY MORTGAGEES MUST JOIN THIS INSTRUMENT TO CONSENT.] [Execution Pages Follow] Book26474/Pagel 873 CFN#20080569564 Page 4 of 10 ACKNOWLEDGMENT INDIVIDUAL Signed, witnessed, executed and acknowledged on this 2- day of 2008. Witnesses: Signatu `6a8-f a) Print Name inal7ceitaD Signature k)a-eta-li-r Mj 47 Mt) Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE THORIEGA, C.E.O. Miami Pa ing Authority Address: 190 N.E. 31d Street Miami, FL 33131 The for oing instrument was acknowledged before me by Arthur Noriega, who is rsonalIy known tom or has produced as identification. Witness my signature and official seal this -iv.A day of �,,. !/ 2006, in the County and State aforesaid. omed Notary pnbec State of Pbnda aPlitYtGwer;c1 yn Cunm nye My Comrnissiorr DD576918 a Expires 09/2112014 Notary Public -State of F ko w ; ci4 L '1/4C.te-4,-.10 lyr vN v.q S Print Name J Book26474IPage1874 CFN#20080569564 Page 5 of 10 ACKNOWLEDGMENT INDIVIDUAL 4iftined, witnessed, executed and acknowledged on this JO `Pi day of 200? Print Name Print Name 09-rint, STATE OF FLORIDA PEDRO G. HE ANDEZ, City Manager City of Mfami Address: 444 S.W. 2` d Street Miami, FL 33132 COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by air[ 6 Peyvvaride 2, who is personally known to me or has produced as identification. Witness my signature and official seal this 10 day of 204, in the County and State aforesaid, NOTARY PUBUC1TAAR OFFLORiDA Ofelia E. Perez Commission *DD701412 Expires: AUG. 02, 2011 boirDioni2.0 ourinc g imam, €(7)7) 3)9 Notary Public -State of riot d Print Name Book264741Page 1875 CFN#20080569564 Page 6 of 10 APPROVED AS TO LEGAL FORM AND CORRECTNESS: Julie Bru City Attorney APPROVED: Stephanie N. Grindell Director of Public Works F AAvci5 ktirYeti APPROVED: APPROVED AS TO CONFORMITY WITH THE FLORIDA BUILDING CODE: Hector Lima Director of Building Department APPROVED AS TO INSURANCE REQUIREMENTS: 62:).444 LeeAnn Brehm Director of Risk Management Department Book264741Page1876 CFN#20080569564 Page 7 of 10 EXHIBIT A Leoal Description of the Prooertv Lots 1 and 2, of Block 97N, Map of Miami Dade Co., Fla, less beginning at the southeast comer of Lot 1, run north 0.75 feat West, West 99.993 Feet, South 0.88 according to the Plat therefore as recorded In Plat Book "B at Page 41 of the Public Records of Mlaml-Dade County, Florida (the MPA Parcel); and Lots 3, 4, 5, 8, 19, 20, 21 and 22, Block 97N of the City of Miami North, as recorded In plat book 'B" at Page 41 of the Public Records of Miami -Dade County, Florida (the City Parcel). Book26474/Page1877 CFN#20080569564 Page 8 of 10 EXHIBIT B Legal Descaiotion of the MPA Parcel Lots 1 and 2, of Block 97N, Map of Miami Dade Co., Fla, less beginning at the southeast corner of Lot 1, run north 0.75 feet West, West 99.993 Feet, South 0.88 according to the Plat therefore as recorded In Piet Book .Ba at Page 41 of the Public Records of Miami -Dade County, Florida (the MPA Parcel); Book26474/Page1878 CFN#20080569564 Page 9 of 10 OR SK 26474 PG 1879 LAST PAGE EXHIBIT C Lggal Description of the City Parcel Lots 3, 4, 5, 6, 19, 20, 21 and 22, Block 97N of the City of Miami North, as recorded in plat book "B° at Page 41 of the Public Records of Miami -Dade County, Florida (the City Parcel), 60ok264741Page1879 CFN#20080569564 Page 10 of 10