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HomeMy WebLinkAboutExhibit D Declaration of RestrictionsIIILII Eiisa iuu nisi ouio mii i1iii i1u iEai (_FN 2017R0395900 OR BK 30609 Pas 1234-1241 (8P3s RECORDED ii i12j201/ 11:35:: 3 HARVEY R+J'V1Mt CLERK OF COURT(,; I IIMI 'LADE COUNTY? FLORIDA This instrument was prepared by: Robert Warren, Real Estate Advisor Regulatory and Economic Resources Department Miami -Dade County 111 N.W. 1st Street, Suite 1200 Miami, Florida 33128 Folio No.: 01-3135-037-0090 (Space reserved for Clerk) DECLARATION OF RESTRICTIONS WHEREAS, Miami -Dade County (the "County") has approved the conveyance to the River Landing Conservation Foundation, Inc. (the 'Foundation"), a Florida not -for -profit corporation, of real property located in the City of Miami, Florida, subject to the execution of this Declaration of Restrictions ("Declaration"), legally described as follows: TRACT 9 OF CIVIC CENTER SECTION ONE, according to the Plat thereof recorded in Plat Book 75, at Page 36, of the Public Records of Miami -Dade County, Florida, including that parcel of land lying North of the Miami River and South and Southwesterly of Southerly right-of-way of NW 11 Street; Less and except the fo l 1 o w i n g : that portion of said TRACT 9 which was transferred by County Deed from the County to the State Road Department of Florida (n/k/a Florida Department of Transportation) on June 28, 1966 as recorded in Official Records Book 5159, Page 320 of the Public Records of Miami -Dade County (the "State Property") and less and except four separate conveyances to the Miami -Dade Expressway Authority, an agency of the State of Florida, its successors and assigns recorded in Official Record Book 29936, Page 1058 in the Public Records of Miami -Dade County, recorded in Official Record Book 29936, Page 1063 in the Public Records of Miami -Dade County, recorded in Official Record Book 29936, Page 1068 in the Public Records of Miami -Dade County, and recorded in Official Record Book 29936, Page 1073 in the Public Records of Miami -Dade County. Said conveyance is subject to all easements, dedications and other notations contained in the Plat of Civic Center Section One, according to the plat thereof recorded in Plat Book 75, Page 36 of the Public Records of Miami -Dade County, Florida; and is further subject to the easement granted by Dade County to the Department of Water and Sewer of the City of Miami, dated December 20, 1955 and attached hereto. 1 Said conveyance is subject to the restrictions set forth in the County Deed recorded contemporaneously herewith in the Public Records ofMiami-Dade County. Address: 1280NW 1 lth. Street, Miami, FL 33125 Folio No: 01-3135-037-0090 WHEREAS, the Foundation hereby acknowledges and agrees that this Declaration was an inducement and part of the consideration for the County to convey the Property to the Foundation. NOW THEREFORE, in order to assure the County that the representations made by the Foundation will always be abided by, the Foundation, for sufficient consideration, makes the following Declaration covering and running with the Property. The Foundation hereby agrees and stipulates as follows: Permitted Use of the Property. The Property shall solely be used by the Foundation to: construct, maintain, and create pedestrian walkways on the boundary of the Property and to enhance, beautify, landscape and light the walkways along the banks of the Miami River, and to build, create and maintain sea-wall improvements and greenways along the north side of the Miami River (collectively the "Improvements"), all of which shall be for such not for profit use by the public at all times and at no charge, consistent with all governmental regulations and according to the City of Miami Greenway Action Plan for the benefit of the public, and for no other use. No for -profit use shall be made of the Property. Notwithstanding the foregoing, incidental shows or fairs may be held on the Property provided that they shall be open to the public and limited to a total duration of thirty (30) total days per year. Construction of the Improvements, with the exception of the seawall as set forth herein, shall be completed, as evidenced by a final certificate of completion or its equivalent, within three (3) years of the conveyance of the Property. Solely with respect to the improvements to the seawall, such construction shall be completed, as evidenced by a final certificate of completion or its equivalent, within three (3) years of the conveyance of the Property; provided, however, that if the Foundation has applied and paid for all necessary permits, and through no fault or delay of the Foundation, the seawall has not been completed within the three year period, then the timeframe for completion may be extended by the County Mayor or the County Mayor's designee in one year increments for atotal ofthree additional years, to be determined in the sole discretion of the County Mayor. Immediately following its completion, the Improvements shall continuously be maintained solely for the uses set forth in this section. Nothing in this Declaration, however, shall prevent the Foundation from modifying or updating the walkways or seawall to be consistent with any future modifications of the Miami River Greenway Action Plan. The Foundation shall maintain the Improvements along the boundary of the property consistent with all governmental regulations, including, but not limited to, the City of Miami standards for the Miami River and the State of Florida Inland Waterways regulations or standards. As a minimum condition of this Declaration, in addition to any additional requirements set forth herein, the Foundation shall construct and create the improvements, and expend the funds on same, as set forth in Exhibits A and B, attached hereto and made a part hereof. Such construction, use, maintenance, and expenditure shall be a required and enforceable condition of this Declaration. County I n s p e c t i o n and Right to Audit. It is hereby agreed that the County, or its duly authorized agents, shall have the right at any time to inspect the Property, or upon reasonable notice, the Foundation's financial and accounting records, maintenance records, or other corporate documents related to the construction or maintenance of the Improvements to determine whether the requirements herein are being fully complied with. Such records shall be made available within fifteen (days) of such request by the County. Covenant Running with the Land. This Declaration shall constitute a covenant running with the land on the Property, and shall be recorded in the public records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the River Landing Conservation Foundation, and its subsidiaries, successors and assigns until such time as the same is modified, amended or released by mutual agreement with, and as evidenced by resolution of Miami -Dade County. The Foundation, its subsidiaries, successors and assigns, agree that acceptance of this Declaration is legally binding upon them, and does not in any way obligate or provide a limitation on the County. Assignment, Lease or Subsequent Conveyance. The Foundation shall not assign, lease. or convey or transfer the Property, in whole or in part, to any person or entity without the prior written consent of Miami -Dade County Board of County Commissioners, which may be withheld in its sole and absolute discretion. Modification, Amendment, Release. This Declaration may not be amended or released without the written consent of Miami -Dade County, in its sole and absolute discretion and pursuant to approval by extraordinary vote (2/3 required). Authorization for Miami -Dade County to Reacquire the Property. In the event that the Improvements are not constructed as set forth herein, including but not limited to expenditure of the funds and/or construction of the improvements set forth in Exhibits A and B hereto within the time frame set forth herein, or the Foundation ceases to exist or changes or loses its status as a not -for -profit organization, or any of the terms of this Declaration are not complied with, the County shall provide thirty (30) days written notice to the Foundation to provide the Foundation an opportunity to cure the default ("Grace Period"). If after expiration of the thirty (30) day Grace Period, the Foundation has not remedied the default, as determined in the County's sole and absolute discretion, then at the option of the County and upon ten (10) days' written notice, the Property shall then immediately revert to the County, along with any and all improvements thereon, without cost or expense to the County. This right shall be in addition to any other remedy that the County may have herein and `or at law or in equity. 3 Election of Remedies. All 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, at will, such other additional rights, remedies, or privileges. Severability. Invalidation of any one of these covenants, by judgment of a court, shall not affect any of the other provisions which shall remain in full force and effect. However, if any material portion is invalidated, the County shall be entitled to reacquire the Property predicated upon the invalidated portion of this Declaration as a result of its reversionary interest in the Property. Recording. This Declaration shall be filed on the date the Property is conveyed to the Foundation, with the Declaration filed first and then the Deed for the Property filed immediately thereafter. This Declaration shall become effective immediately upon recordation. Acceptance of Declaration. The Foundation acknowledges that acceptance of this Declaration does not obligate Miami -Dade County in any manner, and does not entitle the Foundation to favorable approval of any application, zoning or otherwise, and that the County retains its full power and authority to any application, in whole or in part. Incorporation of Recitals. The Foundation hereby agrees that the recitals in this Declaration are hereby true and correct, and are incorporated into this Declaration. IN WITNESS WHEREOF, the representatives of the River Landing Conservation Foundation, Inc. have caused this Declaration to be executed by their respective and duly authorized representative on this 1. 1'°'"day of TU G- `1 , 2017, and they intend to be legally bound hereby to all of the terms and conditions of this Declaration. [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] [ONLY THE SIGNATURE PAGES FOLLOW] 4 River Landing Conservation Foundation, Inc. a Florida not -for -profit corporation C1 ent nca F\a\O1/4_,tnG By: itness Attest: e` S.fit -- n �� - � ness Attest: STATF OF floka COUNTY OF MAAM.1 i)a4e Narne: Adita.4) AA/pi— Title: SS: The foregoing instr ment was acknowledged before methis30 day of JU_Le, , 2017. by il-V1 dyr Gv i 1 < I As , 6(. Fe cave , of the River Landing Conservation Foundation 4'nc.. a Florida not -for -profit corporation, whose title is jr:C+O Y and s ICAas produced identification or is pealia1y Trn IArr . (SEAL) a-W. Natar) Public -State of flO►1GQa- CommissionNumber: as i CORALEE PENABAD MY COMMISSION # FF246234 =i•��� a EXPIRES: July 1, 2019 Bonded Thru Notary Public Underwriters i 5 ATTEST: MIAMI-DADE COUN Y, FLORIDA, a political subdivisio of the State of Florida by its Boar, .f County Commissioners By: Name: Title: A I R- M A-LS HARVEY RUVIN�RK '� : `Pti�#�.;°•,.� . Boart °n �o io?'' . By: Dep` APPROVED FOR FORM AND LEGAL SUFFICIENCY By: IrGQ•e(A-9/0 Vi/V Name: 1-lealACtr Title: Assistant County Attorney 6 EXHIBIT "A" Required Use and Construction on the Property by the River Landing Conservation Foundation, Inc.: 1. Creation of scenic and pedestrian walkways along the banks of the Miami River for use by the public. 2. Creation and improvement of the seawall along the boundary of the Property on the banks of the Miami River to prevent erosion of the land and to allow the building of the pedestrian walkways. 3. Enhanced beautification, landscaping and lighting of the boundary of the Property creating pedestrian walkways, greenway and riverwalk along the banks of the Miami River and below the SR 836 highway. 4. Creation of green space along the banks of the Miami River. 5. Construction of the pedestrian walkways, bicycle paths and supporting seawall along the length of the property all in conformity with the applicable zoning rules and regulations and all federal, state, county and municipal regulations, including, but not limited to the Miami Greenway Action Plan of April 2001 including its modifications and amendments according to any City of Miami ordinances and or resolutions. 6. Construction of the itemized improvements on the Budget Estimate attached as Exhibit 'B" to this Declaration. 7. The Foundation shall spend a minimum of $3,974,223, as per the specifications of Exhibit "B," in site work, construction, utilities and maintenance for the Property. OR E k 30609 PG 1241 LAST PAGE EXHII3IT "B" March 12th, 2013 River Landing County Parcel Alternate 1 MIAMI, FL PREUMINARY BUDGET ESTIMATE Gross Site Area (SF): 94,000 River Landing County Parcel Alternate 1 SPEC j DESCRIPTION OF WORK QNTY I UNiT I COST • I TOTAL SITE WORK & UTILITIES General items Surveying, Layout, & As-builts 1 Is 25,000.00 25,000 Sedimentation Control Fence 2,300 If 6.00 11,500 Turbidity Barrier 1,00D If 25.00 25,000 Construction Entrance 2 ea 5,000.00 10,000 Construction Gales - 20'4" 2 ea 1,200.00 2,400 Truck Wash Station • 1 ea 4,000.00 4,000 Temporary Construction Fence wl Screen 2,300 If 12.50 28,750 Maintain Temporary Construction Fence pemoftion 310 mh 23.00 7,130 Asphalt removal 70,000 sf 0.17 11,900 Concrete curb removal 1,316 Intl 0.17 224 Tree Removal/Clear & grub 94,000 sf 0.46 42,300 Remove Light Poles/Foundations 5 ea 367.33 1,837 Earth Work Strip Topsoil 0'-6"- Haul Otfsite 1,741 cy 10.89 18,957 Rough Grade Site 10,444 sy 1.63 17,024 Storm Drainage Storm Drainage System 1 allow 20,000,00 20,000 Sanitary Sewer • Sanitary Sewer System N/A Water Distribution Irrigation service 1 allow 10,000,00 10,000 Site Electrical Lighting: Water'sEdge 100 ea 2,000.00 200,000 Lighting: Overhead 30 ea 4,000.00 120,000 Site Improvements Replace existing sidewalk 12,400 sf 6.00 74,400 Stamped concrete paving wl wood element 28,000 sf 12.00 312,000 12" Stabilized subgrade 2,869 sy 4.60 13,001 4" Umerock base 2,889 sy 7.50 21,667 Seawall Irpp rovements Temporary sheet piling 900 2 350.00 315,000 Dewatering 1 aiw 250,000.00 250,000 Utility locates (Diver) 1 Is 15,000.00 16,000 Maintenance of Traffic - Existing Roadway as Access 1 Is 10,000.00 10,000 Sheet piling, concrete cap, batter piles et new sea wall 750 If 1,300.00 975,000 Limestone boulders lining new sea wall (Miaml-0ade rqmnt) 760 If 135.00 101,250 Bond for boulders, materiel only (Miaml-Dade rqmnt) 750 If 90.00 • 67,500 Site Furnishings Plainwell Benches-Wood/Metal-6ft • 12 ea 3,000.00 38,000 PlainwellTrash Receptacles 15 ea 1,400.00 21,000 Waytinding stgnage 3 Is 6,000.00 15,000 Metal Railing 800 Inft 75.00 60,000 Misc. FFE Designer 1 alw 75,000.00 75,000 Landscapin4 & Irrigation Landscaping - Large Palms 26 ea 3,750.00 93,75D Landscaping - Trees 40 ea 2,500.00 100,000 Landscaping - Shrubs/Groundcover 650 ea 85.00 42,250 Landscaping - Sod 70,500 sf 0.37 26,085 Irrigation 94,000 sf 0.45 42,300 Subtotal Construction Costa 3,222,223 General Conditions & Mark Ups General Conditions 400,000 insurance Program 40,000 Payment & Performance Bond 32,000 Design Contingency 0 Construction Contingency 2% 80,000 Construction Managers Fee 5% 200,000 Estimate Total: OF Ft ORIDA, COUNT OF DADE 3,974,223 S I rE HEREBY CERTIFY That thus is a true copy or me ,rrgrnal filed in this office on JUL ! day of D 20 /ITNESS my handnand O i Seal. ".ARVEY RIMPlt-- of ;,rcurt and County Courts TANASHIA OLD-#2011 -44 1 5