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HomeMy WebLinkAboutDraft Modified CovenantThis Instrument Prepared By and Return, After Recordation, To: Victoria Mendez, City Attorney OFFICE OF THE CITY ATTORNEY City of Miami, Florida 444 S.W. 2 Avenue, 9th Floor Miami, Florida 33130-1910 Folio: 01-0106-070-2010 01-0106-070-2020 01-0106-070-2060 (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND ("DECLARATION") This Declaration of Restrictive Covenants ("Covenant"), made this day of , 2019, by Miami -Dade County, Florida, a political subdivision of the State of Florida, having offices at 111 NW 1st Street, Suite 2460, Miami, Florida 33128 (the "County"), and the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, pursuant to the Quitclaim Deed ("Deed") recorded March 15, 1991 in Official Records Book 14938, Page 1719, the City conveyed to the County the property legally described in the attached Exhibit "A" (the "Original Property"); and WHEREAS, the City conveyed the Original Property for the expressed purpose of leasing said Original Property to the YWCA of Greater Miami -Dade, Inc. ("YWCA") in accordance with the restrictions and reverters more particularly described in the Deed; and WHEREAS, the County complied with the Deed and leased the Original Property to the YWCA which built the Martha Sutton Weeks Women's Center and has occupied the Original Property since then; and WHEREAS, the City received a request from the County and the YWCA to release the Deed restrictions to allow the conveyance of the Original Property to the YWCA's wholly owned subsidiary, YWCA -MG HOLDINGS, LLC ("YWCA Subsidiary"); and WHEREAS, the City reiterates its full support of the YWCA's mission, dedicated to eliminating racism, empowering women and promoting peace, justice, freedom and dignity for all by providing services, programs, and affordable/low income housing for women, teens, children, seniors, and families, and to aiding and supporting other organizations operated exclusively for charitable or educational purposes ("Intended Purposes"); and WHEREAS, the County also received a request from the Florida Department of Transportation ("FDOT") to donate a certain portion of the Original Property legally described in the attached Exhibit "B", (hereinafter, the "Parcel"), for roadway and sidewalk improvements of State Road 925, also known as, NW 3rd Court ("Roadway Project"); and WHERAS, it is necessary that the Parcel be conveyed to the FDOT to enable the proposed Roadway Project; and WHEREAS, the City and the County agree that the Parcel may be conveyed to FDOT and will not be encumbered by the Covenant described herein; and WHEREAS, the City and the County hereby agree to enter into this Covenant as a condition precedent to the conveyance of the remaining portion of the Original Property minus the Parcel as more specifically described in the attached Exhibit "C" (and hereinafter referred to as the "Property") from the County to the YWCA Subsidiary; and WHEREAS, if the Property ceases to be used by the YWCA for the Intended Purposes or the YWCA attempts to convey the Property to any entity, all property rights shall automatically revert to the City without the necessity of further action or proceeding; and The County agrees that this will be a covenant running with the land and binding upon the owner of the Property, its successors in interest and assigns, as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Covenant are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Release. The City hereby fully releases and cancels the restrictions contained in the Deed. 3. Restrictive Covenant. The County and the City have agreed that upon the County's conveyance of the Property to the YWCA Subsidiary, if the Property ceases to be used by the YWCA for the Intended Purposes or the YWCA attempts to convey the Property to any entity, all property rights shall automatically revert to the City without the necessity of further action or proceeding. The City and the County further agree that the Parcel requested by FDOT for the Roadway Project will not be encumbered by this Covenant. 4. Effective Date. This declaration shall constitute a covenant running with the title to the Property and be binding upon the County, its successors in interest, and its assigns. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare, except as otherwise expressly indicated herein. 5. Term of Covenant. This Declaration shall remain in full force and effect and shall be binding upon the County, its successors in interest, and assigns, specifically including the YWCA, for an initial period of thirty (30) years from the date of this Declaration and shall be automatically extended for periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 6. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours of the City of Miami's inspector to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration. This enforcement provision shall be in addition to any other remedies available under the law. 7. Amendment, Modification, Release. This Declaration may be amended, modified or released as to any portion or all of the Property only after occurrence of a public hearing before the City Commission to be applied for and all costs paid for by the County, its successors in interest, or assigns. Any amendment, modification, or release approved by the City Commission shall be executed by the City Manager, his successor, or designee, and be in a form acceptable to the City Attorney. 4. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Covenant, which shall remain in full force and effect. 5. Recording. This Covenant shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the County. The County shall furnish a copy of the recorded Covenant to the City Department Real Estate and Asset Management within thirty (30) days of recordation. 10. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the owner, its successors and assigns. SIGNATURE PAGES TO FOLLOW Signed, witnessed, executed and acknowledged on this day of 2019. ATTEST: THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA By: By: Todd B. Hannon Emilio T. Gonzalez, Ph.D. City Clerk City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS By: Victoria Mendez City Attorney Acknowledgement STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2019 by Emilio T. Gonzalez as City Manager of CITY OF MIAMI, a municipal corporation of the State of Florida, who is personally known to me or has produced a driver's license as identification. Notary Public Print Name: Commission No.: The foregoing was authorized and approved pursuant to Resolution No. of the City Commission of the City of Miami, Miami -Dade County, Florida, passed and adopted on the day of , 20. A copy which is attached hereto as Exhibit "D". Signed, witnessed, executed and acknowledged on this day of 2019. ATTEST: HARVEY RUVIN, CLERK MIAMI-DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: County Deputy Clerk County Mayor Approved for legal sufficiency: Assistant County Attorney STATE OF FLORIDA COUNTY OF MIAMI-DADE Acknowledgement The foregoing instrument was acknowledged before me this day of , 2019 by Carlos A. Gimenez as the Mayor of MIAMI-DADE COUNTY, a political subdivision of the State of Florida, who is personally known to me or has produced a driver's license as identification. Notary Public Print Name: Commission No.: The foregoing was authorized and approved by Resolution No. of the Board of County Commissioners of Miami -Dade County, Florida, on the day of , 2019. YWCA ACKNOWLEDGMENT: By: Kerry -Ann Royes CEO YWCA of Greater Miami, Inc. Exhibit "A" Original Property Legal Description Lots 11 through 15 inclusive in Block 67-N of A.L. KNOWLTON'S MAP OF MIAMI, according to the plat thereof recorded in Plat Book B at Page 41 of the Public Records of Dade County Florida, less the South 10.00 feet of said Lots 11 through 15 AND Lot 16 in said Block 67-N, less that portion thereof acquired by the State Road Department of Florida. Exhibit "B" Parcel Sketch & Legal Description EXHIBIT "'BI' PARCEL 101 GENERAL NOTES: - THIS IS NOT A SURVEY - Bearings shown hereon are relative to the Baseline along State Road 925 / N.W. 3rd Avenue between N.W. 5th Street and N.W. 6th Street. based on PROJECT CONTROL SHEET (P,N.C.) for State Road 925, Dated: 07/26/2016, having a bearing of NO2°15'59"W. • Stations and Offsets are relative to the Survey Baseline of N.W. 3rd Court. - Bearings and distances are calculated unless noted - Additions and/or deletions to survey maps, sketches or reports by any party other than the signing party are prohibited without the wntten consent of the signing party- - This site was not abstracted far easements or Right -of -Ways of record. - This document consists of three (3) sheets and shall not be considered full, valid, and complete unless each sheet is attached to the other - Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. REFERENCES: - ('1 Municipal Atlas City of Miami (36B) - (*1) Florida Department of Transportation Right -of -Way Map for State Road 9, Section 87270-2426, Dated: 07/15/1965. and recorded in Road Plat Book 83, at Page 21, of the Public Records of Miami -Dade County, Florida. LEGEND: Et Baseline Q - Centerline lfi - City of Miami Monument Line 0- Parcel Identification Number EXIST. - Existing F.D.O,T. - Florida Department of Transportation F.P. - Financial Project LT - Left NO, - Number P.B. - Plat Book PG, - Page P.I. - Point of Intersection RUE. - Range RI - Right RIW - Right -of -Way SEC. - Section STA. - Station TWP. - Township P 0.8. - Point of Beginning P.O.C. - Point of Commencement (P)- Plat D.B. - Deed Book S.R. - State Road B.E.C. 03-85929 DWG# 2271 5S-09 G4 WSCR:PTIO SHEET No. INDEX SHEET DESCRIPTION 1 2 3 COVER LEGAL DESCRIPTION PARCEL DETAIL DATE: c 21i6 PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 6987 FLORIDA DEPARTMENT OF TRANSPORTATION SKETCH TO ACCOMPANY LEGAL DESCRIPTION STATE ROAD NO. 925 .muw m gin+: 01Lvcto >< N Itles17 P. NO NIA MIAMI-DADE COUNTY mfao srr C.R.N;!.N NITtS SFCTIQN a7040-102 SHEET 1 Dr 3 EXHIBIT "B1' LEGAL DESCRIPTION PARCEL 101. A portion of Lot 16, Block 67N, as shown on MAP OF MIAMI DADE CO. FLA,. according to the plat thereof as recorded in Plat Book B. at Page 41, of the Public Records af Miami -Dade County, Honda, being more particularly described as follows: COMMENCE at the intersection of the centerline of 7th Street (now known as NW 5th Street) with the centerline of State Road 925 / NW 3rd Court. as shown an Florida Department of Transportation District VI Right -of -Way Map for State Road 925 / NW 3rd Court, Section: 87040.102, Dated: 01/04/2017, prepared by Biscayne Engineering Company. Inc.; THENCE South 87°44'01" West, perpendicular to the Baseline of Survey for said State Road 925. a distance af 5.00 feet; THENCE North 02°15'59"West. along said Baseline of Survey, a distance of 35.03 feet; THENCE South 87°44'03" West. at right angles to the last described course, a distance of 31.00 feet to the POINT OF BEGINNING; THENCE South 87°46'57'West along the northerly existing Right -of -Way Ilne of said NW 5th Street, said line being coincident with the easterly projection the north line of those lands described in Deed Book 947, at Page 426, of the Public Records of Miami -Dade County, Florida, a distance of 21.17 feet to a point on a circular curve concave to the Northwest and having a radius of 23.00 feet and a tangent bearing of North 83°04'25"East; THENCE Northeasterly and Northerly along the arc of said circular curve through a central angle of 85°25'26"for an arc distance of 34,29 feet; THENCE North 02°21'01" West. a distance of 11.69 feet to a point on a circular curve concave to the West and having a radius of 3,788.72 feet and a tangent bearing of South 02°33'54"East; THENCE along the westerly existing Right -of -Way line of said State Road 925. as shown on Florida Department of Transportation District VI Right -of -Way Map for State Road 9. Section; 87270-2426. Dated: 07/15/1965, and recorded in Road Plat Book 83, at Page 21, of the Public Records of Miami -Dade County, Florida, for the following two (2) courses. (1) Southerly along the arc of said circular curve through a central angle of 00°17'SS"for an arc distance of 19.75 feet: (2) THENCE South 02°15'59" East. a distance of 14.91 feet to the POINT OF BEGINNING. All of the foregoing lying in Section 37, lames Hagan Donation, Township 54 South, Range 41 East, City of Miami, Miami -Dade County, Florida Containing 113 square feet, mare or less. THIS IS NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION SKETCH TO ACCOMPANY LEGAL DESCRIPTION STATE ROAD NO. 925 M1AM1•DADE COUNTY LEGAL 7LSL RJPTgN lv 119777!1B Weir DRAM CHECKED I A. Ew ".°wc+ lue l iS 14 R''7411:9 LPL 1 t!DW IT F. P NO. NIA R°l+l %RUNG! ,E1 GE LR.',L NOTES SECTION 87040-102 SHEET 2 OF 3 SEC 37 IAAME5 HAGAN DONATION!. TWP 54, AGE. 41 E-11/11/.11111116 CITY OF MIAMI, MIAMI-DADE COUNTY, FL. SECTION 37 (JAMES HAGAN DONATION), TOWNSHIP 54 S„ RANGE 41 E. 511 - DETAIL "8" MAP OF MIAMI DADE CO. FLA. (P.B. B, PG. 41) 20'I"1) rl 30 181+ 31.00'LT NO2°I5'59"W , 35.03' 587°44'01"W 5.00' P.o.c., 180+72 39 5.00' RT THIS IS NOT A SURVEY NOR'HERLY EXIST R/W ,EXIST OF 7th STREET (NW 5th STREET) 2.17'LT T.B.=N83'04'25'E 0=85°25'26" L-34.29' R=23.00' C.8.=N40.21'42"E 15 16 C2 l$I 42.2 _ R3788.72' [1, }� 31.00'LT �` T.8.=502°33'54`E 502'15'59"E 14.91' P.C. STA.181+22.34 S.R. 925/N.W. 3rd COURT m N=526134.505 E=919370.049 C2 ❑-00° 17'55" L=19.75' R=3788.72' C.B.-502.24"57"E RASFI IMF el IRVF DATA Curve Cl P.I.STA,186+33.97 = 15' 15' 29" (LT) D = 1' 30' 00" T = 511.63' L s 1,017.20' R = 3,819.72' P.C.STA.181 +22.34 P.T,STA.191 + 39.54 4 WESTERLY LT EXIST. R/W LINE) NO2 `21'01"W EXIST. RJW 11.69' LINE ("1)1 1 182 1 5' CURVE Cl I' & I OF SURVEY S.R. 925/N.W. 3rd COURT SECTION 87040.102 NOTE. (- PER MUNICIPAL ATLAS CITY OF MIAMI (36-BI ("1)- PER F.D.O.T. RIW MAP SEC, 87770-2426 0 10 20 Scale:1' 20' PARCEL NO. OWNER'S NAME PARCEL AREA REMAINDER COMMENTS 101 MIAMI-DADE COUNTY GSA RJE MI"3MT 113 SO.FT. FLORIDA DEPARTMENT OF TRANSPORTATION SKETCH TO ACCOMPANY LEGAL DESCRIPTION STATE ROAD F10. 925 ewTT cHECKCD MIAMI-DADE COUNTY A4 n" MIANI -L01%6 33130 b*IA scruilcr IEF G[NL.AI 'OTF6 F P. NO. N/A SECTION 01040 102 SHEET 3 OF 3 Exhibit "C" Property Legal Description EXHIBIT "C GENERAL NOTES: - THIS I5 NOT A SURVEY - Bearings shown hereon are relative to the Baseline along State Road 925 / N.W. 3rd Avenue between N.W. 5th Street and N.W. fith Street. based on PROJECT CONTROL SHEET (P.N.C.) for State Road 925, Dated: 07/26/2016, having a bearing of NO2"15'S9"W, - Stations and Offsets are relative to the Survey Baseline of N.W. 3rd Court - Bearings and distances are calculated unless noted. - Additions and/or deletions to survey maps. sketches or reports by any party other than the signing party are prohibited without the written consent of the signing party, - No Title Search was provided and / or reviewed by Biscayne Engineering Company, Inc. - This site was not abstracted for easements or Right -of -Ways of record, - This document consists of three (3) sheets and shall not be considered full, valid, and complete unless each sheet is attached to the other, - Not valid without the original signature and seal of a Florida Licensed Surveyor and Mapper. - This sketch to accompany Legal Description is in compliance with the Standards of Practice as set forth by the Florida Board of Professional Land Surveyors and Mappers, Referenced in Rule 51-17 Florida Administrative code pursuant to Section 472.027, Florida Statutes. REFERENCES' (R) Municipal Atlas City of Miami (36B) (r1} Florida Department of Transportation Right -of -Way Map for State Road 9. Section 87270-2426, Dated. 07/15/1965. and recorded in Road Plat Book 83, at Page 21, of the Public Records of Miami -Dade County, Florida. LEGEND: Baseline Centerline y1 - City of Miami Monument Line EXIST. - Existing F.D.O.T - Florida Department of Transportation F.P. - Financial Project LT - Left NO. - Number P.B. - Plat Book PG- • Page P.I. - Point of Intersection RGE. - Range RT • Right RJW - Right -of -Way SEC. - Section 5IA. - Station TWP. - Township P O-B, - Point of Beginning P.0.C. • Point of Commencement (P1• Plat ❑,9- Deed Book S.R. - State Road B.E.C. 03-85929 DWG 2293 55-06 INDEX SHEET No SWEET DESCRIPTION 1 2 3 COVER. LEGAL DESCRIPTION PARCEL DETAIL BISCAYNE ENGINEERING COMPANY, INC 529 W. FLAGLER ST, MIAMI, FL 33130 TEL. (305) 324.7671 STATE DEPARTMENT OF AGRICULTURE CERTIFICATE OF AUTHORIZATION LB1?9 DATE, / _.h1.t? X. NEG N, PSM, FOR THE FIRM PROFES IONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO 6987 FLORIDA DEPARTMENT OF TRANSPORTATION SKETCH TO ACCOMPANY LEGAL DESCRIPTION STATE ROAD NO. 925 M1AMI-DARE COUNTY T WTY DRAY{,. I mT�k WTa &MACE SkE C't4 i/1. YOTCS ulM HECX£6 , %,I1. iaao2II P, NO. NIA SECTION 02040-102 I SHEET 1 OF 3 EX HIBIT "C" LEGAL DESCRIPTION: 1 A portion of Lots 11, 12, 13, 14, 15, and 16, Block 67N, MAP OF MAMI DADE CO, FLA., according to the plat thereof as recorded in Plat Book B, at Page 41, of the Public Records of Miarni-Dade County, Florida, being more particularly described as follows: COMMENCE at the intersection of the centerline of 7th Street (now known as NW 5th Street) with the centerline of State Road 925 / NW 3rd Court, as shown on Florida Department of Transportation District VI Right -of -Way Map for State Road 925 / NW 3rd Court, Section: 87040-102, Dated: 01/04/2017, prepared by Biscayne Engineering Company, Inc.; THENCE South 87°46'57- West, along said centerline of NW 5th Street, a distance of 332.64 feet: THENCE North 02°13'03" West at right angles to the last described course, a distance of 35.00 feet to the Southwest corner of said Lot 11, Block 67N and the POINT OF BEGINNING; THENCE North 02°16'10" West, along the Westerly line of said Lot 11, also bung the Easterly Right of Way line of NW 4th Avenue as shown on said Plat Book B at Page 41, a distance of 140.03 feet to the Northwest corner of said Lot 11; THENCE North 87°48'04" East, along the Northerly line of said Lots 11, 12, 13. 14, 15, and 16, a distance of 294.55 feet to the point of intersection with the Westerly Right of Way I ne of said State Road 925 / NW 3rd Court, bung a circular curve concave to the Southwest having as its elements a radius of 3,788.72 feet, a tangent bearing of south 04°09'27" East" a central angle of 01°35'33", and a chord bearing of South 03°21'40" East, THENCE Southerly, along the arc of said circular curve and along said Westerly Right of Way line of said State Road 925 / NW 3rd Court for an arc distance of 105.30 feet to the point of non -tangency, THENCE South 02°21'01" East, a distance of 11.69 feet to the point of curvature of a circular curve concave to the Northwest, having as its elements a radius of 23.00 feet, a central angle of 85°25'26", and a chord bearing of South 40°21'42' West; THENCE Southwesterly, along the arc of said circular curve for an arc distance of 34.29 feet to the point of non -tangency; THENCE South 87°46'57" West, along a line lying 10.00 feet Northerly of as measured at right angles to the Southerly fine of said Lots 11, 12, 13, 14, 15. and 16, a distance of 2/5.44 feet to the POINT OF BEGINNING. All of the foregoing lying in Section 37, lames Hagan Donation, Township 54 South, Range 41 East, City of Miami, Miami -Dade County, Florida and containing an area of 41,321 square feet (or 0.949 acres) more or less. THIS IS NOT 1 LA SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION SKETCH TO ACCOMPANY LEGAL DESCRIPTION STATE ROAD No. 925 MIAM1•DADE COUNTY !LRAM Or BATE LY Calais OPCM*YJ I1A CI**CK¢O XN. 101D7/is �W�• � ss�.hW C°,nsw1. Fc BATA tdut[C Ste G[l C$ 4. NOTFS F.P NO. NIA SECTION S7040.102 SI'EETZ OF 3 w 2 f 1 0 u ez 1,321 SO FT OWNER'S NAME 1- ow .94 PARCEL NO CURVE Cl A=01.35'33" L = 105.30' R=3, 788.72' C.B.=S03'21'40"E DETAIL "C " SECTION 37 (JAMES HAGAN DONATION), TOWNSHIP 54 S., RANGE 41 E. CITY OF MIAMI, MIAMI-DADE COUNTY, FL, CURVE C2 fl=85°25426" DORN'S L= 3 4.2 9' --- R=23.00' C.B.+.S40.21`42' W Curve C3 P 1_STA.186+33,97 8-15`15'29' 1.T) d=1'30'00' T=511.63' L = 1,017 20' R=3,819 72' P C.STA_ 181+22.34 PTSTA 191+39.5.1 uJ 0 25 50 Scale: 1" = 50' THIS IS NOT'l A SURVEY 2 W 7 0. IM N.W. COR LOT 11 c 182+50.41 325.37'LT 9 Z xw 25 -1). bk--, 11 un ttr ^ 0 0 0 w SUB DIV OF THE NORTH (I12) HALF OF BLOCK 67N OF MIAMI FLORIDA DADE COUNTY 1« (PM. B, PG. 92r - a c U 1 12 11 ZP 6 I ,�1 rn 131'('1L 40'(P) I 80'(1294.55' , (PI 1 182+48.41 cc �-; VI T.B.504'09'27"E;Al .` ,I ., v}r., 16 6n 7<z IIIin ` ,_, all /''• r" , En rnu,� co- L71 rm+1_ v �J0 7. Rfil i 12 13 14 15 o e +,Q 1 7 ' • try•--i �... N87.48'04'"E 40'(P) NORTHERL LINE OF LOTS 11-16 --' P,O.B. S.W, CORNER 'Li] T 11 / 181+07.68 EXIST. ROW LINE 327.61'LT ^50_(P1 ! S8746'57"W .^. + NO RO'W DOCUMENTS • �+� PROVIDEd 644> F 4> ti "C. O .14 0Q sw aQ 9A4° oo 1275 44' ." 0S0r biSOUTHERLY LINE) N87°46'57'E '� 7 ^" t OF LOTS 11-16 STA.180+77 40ryt li 327 fi4'1� 587'46'57'W N.W. 5th STREET 7th STREET (P) MAP OF MIAMI DADE CO. FLA. (P. B. B, PG. 41) FLORIDA DEPARTMENT OF TRANSPORTATION SKETCH TO ACCOMPANY LEGAL DESCRIPTION 332.64' CURVE C3 STATE ROAD N O. 425 `..P.O.C. I80+72.39 5.00'RT NOTE: (1)- PER MUNICIPAL ATLAS CITY OF MIAMI (36-8) (*IF PER F.D.O.T. RJW MAP SEC. 87270-2426 MIAMI-LADE COUNTY w 0141400 maw EY veYF ON LS ""*".. "'.I,.v .Hlttf�i.� Asa 1 r b8 1P., a.r b*.A 5f.14CE Sit GHEFu". NO s "yarF O•ECYEU RM. 14f12/11 F.P. NO. MIA SECTION ®7040-S02 SHEET 3 OP 3 Exhibit "D" City of Miami Certified Resolution