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