HomeMy WebLinkAboutExhibit BEXHIBIT B
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
PARTIAL REINSTATEMENT OF RESTRICTIONS
AND PARTIAL RELEASE OF RESTRICTIONS AND RESERVATIONS
DEED NO. 19447
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA, ("BOARD OF TRUSTEES"), is by Section
253.03, Florida Statutes, authorized and empowered to modify restricted uses for certain lands
under the terms and conditions set forth herein; and,
WHEREAS, the BOARD OF TRUSTEES conveyed to the City of Miami ("CITY")
certain lands more particularly described in Deed No. 19447, recorded in Official Records Book
3130, Page 257, Public Records of Miami -Dade County, Florida; and
WHEREAS, said Deed No. 19947 contains the following restrictions ("Original
Restrictions"):
PROVIDED, HOWEVER, anything herein to the contrary notwithstanding, this
deed is given and granted upon the express condition subsequent that the Grantee herein or
its successors and assigns shall never sell or convey or lease the above described land or
any part thereof to any private person, firm or corporation for any private use or purpose,
it being the intention of this restriction that the said lands shall be used solely for public
purposes, including municipal purposes and not otherwise.
PROVIDED, FURTHER, anything herein to the contrary notwithstanding, this
deed is given and granted upon the further express condition subsequent that the Grantee
herein or its successors or assigns shall not give or grant any license or permit to any private
person, firm or corporation to construct or make by any means, any islands,
fills/embankments, structures, buildings or other similar things within or upon the above
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Deed No. 19447
described lands or any part thereof for any private use or purpose, as distinguished from
any public or municipal use or purpose.
It is covenanted and agreed that the above conditions subsequent shall run with the
land and any violation thereof shall render this deed null and void and the above described
lands shall, in such event, revert to the Grantors or their successors.
WHEREAS, said Deed No. 19947 contains the following reservation as to oil, gas and
mineral interests (the "Reservations"):
SAVING AND RESERVING unto the Trustees of the Internal Improvement Fund
of Florida, and their successors, an undivided three -fourths interest in and title in and to an
undivided three -fourths interest in all the phosphate, minerals, and metals that are or may be in, on
or under the said above described lands, and an undivided one-half interest in and title in and to an
undivided one-half interest in all the petroleum that is or may be in or under the said above
described land, with the privilege to mine and develop the same.
WHEREAS, on June 26, 1997, said BOARD OF TRUSTEES approved a Partial
Modification of Restrictions, recorded in Official Records Book 19072, Page 4830, Public Records
of Miami -Dade County, Florida (the "1997 Partial Modification of Restrictions"), to allow the
CITY to lease to the Parrot Jungle & Gardens, Inc., a Florida corporation, an approximately 18.7-
acre portion of the lands on Watson Island conveyed to the CITY by Deed No. 19947, as described
in Exhibit "A" attached hereto and made a part hereof, for the relocation and development of a
botanical garden and aviary attraction known as Parrot Jungle & Gardens (now known as "Jungle
Island"), subject to the terms and conditions set forth in the 1997 Partial Modification of
Restrictions (the "Jungle Island Parcel"); and
WHEREAS, in accordance with the 1997 Partial Modification of Restrictions, the CITY
and Parrot Jungle & Gardens, Inc. executed that certain Lease and Development Agreement dated
as of September 2, 1997, for the development and operation of the Jungle Island Parcel, which
lease has been amended from time to time (collectively, the "Lease"); and
WHEREAS, the CITY desires to terminate the Lease and partially reinstate the Original
Restrictions, to return approximately 13.3 acres of the Jungle Island Parcel to the public, for use
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Deed No. 19447
solely as a public park, including 10.9 acres of uplands and approximately 2.4 acres of submerged
lands, as described in Exhibit "B" attached hereto and made a part hereof (the "Public Park");
and
WHEREAS, the CITY further desires to partially release the Original Restrictions and
Reservations, to allow the CITY to convey to Ecoresiliency Miami, LLC the fee simple interest in
an approximately 5.4-acre portion of the Jungle Island Parcel, as described in Exhibit "C"
attached hereto and made a part hereof, for development of a project with residential and
commercial uses, and required parking (the "Residential Parcel"), with the consideration to the
CITY for the conveyance of the Residential Parcel to include, among other terms, the construction
of the Public Park improvements and annual payments to support the CITY' s ongoing maintenance
of the Public Park; and
WHEREAS, on November 5, 2024, in accordance with the CITY's Charter, the CITY's
voters approved a Citywide referendum measure, to allow the CITY to approve the proposed sale
of the Residential Parcel and development of the Public Park, with the measure obtaining the
approval of 58.57% of the voters voting; and
WHEREAS, the BOARD OF TRUSTEES approved this Partial Reinstatement of
Restrictions and Partial Release of Restrictions and Reservations on the day of , 2025.
NOW THEREFORE, IT IS HEREBY CONVENANTED AND AGREED AS FOLLOWS:
1. The Original Restrictions and the Reservations in said Deed No. 19947 are hereby
released in their entirety by the BOARD OF TRUSTEES as to the Residential Parcel lands
described in Exhibit "C," and accordingly, the Original Restrictions and Reservations are declared
of no further legal effect as to the Residential Parcel lands described in Exhibit "C" and the
BOARD OF TRUSTEES directs the Clerk of the Court of Miami -Dade County to cancel same of
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Deed No. 19447
record, to allow for the development of the Residential Parcel in accordance with the Quit -Claim
Deed conveying the Residential Parcel to Ecoresiliency Miami, LLC. This release of the Original
Restrictions and Reservations applies only to the lands described in Exhibit "C," and shall not
affect or modify the restrictions imposed upon the other lands described in Deed No. 19447 which
have not previously been waived or modified by the BOARD OF TRUSTEES.
2. In consideration for the release of the Original Restrictions and Reservations as
provided in Section 1 with respect to the Residential Parcel, the 1997 Partial Modification of
Restrictions pertaining to the lands described in Exhibit "A" is hereby terminated by the BOARD
OF TRUSTEES, and the Original Restrictions pertaining to the Public Park lands described in
Exhibit "B" are hereby reinstated by the BOARD OF TRUSTEES, to allow for the construction
and operation of the Public Park, with the lands described in Exhibit "B" to be used by the CITY
solely for public purposes. This reinstatement of the Original Restrictions applies only to the lands
described in Exhibit "B," and shall not affect or modify the restrictions imposed upon the other
lands described in Deed No. 19447 which have not previously been waived or modified by the
BOARD OF TRUSTEES.
3. The BOARD OF TRUSTEES and the CITY agree that the Quit -Claim Deed
between the CITY, as grantor, and Ecoresiliency Miami, LLC, as grantee, attached hereto as
Exhibit "D," was anticipated in the BOARD OF TRUSTEES' approval of this Partial
Reinstatement of Restrictions and Partial Release of Restrictions and Reservations, to allow for
the development of the Residential Parcel and the Public Park, in accordance with the terms and
conditions described in Exhibit "D."
4. This Partial Reinstatement of Restrictions and Partial Release of Restrictions and
Reservations shall become effective upon execution by the parties.
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Deed No. 19447
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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Partial Reinstatement of Restrictions and
Partial Release of Restrictions and Reservations
Deed No. 19447
IN WITNESS WHEREOF, the parties have caused this Partial Reinstatement of
Restrictions and Partial Release of Restrictions and Reservations to be executed on this day
of , 2025.
Witness
Print/Type Witness Name
Witness
Print/Type Witness Name
STATE OF FLORIDA )
) SS:
COUNTY OF LEON )
BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA
By: (SEAL)
Name:
Title:
The foregoing instrument was acknowledged before me by means of ( ) physical presence
or ( ) online notarization, this day of , 2025, by
, as of BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA, a public entity of the State of Florida. is ( ) personally
known to me or has ( ) produced a State of Florida driver's license as identification.
Sign Name:
Print Name:
My Commission Expires: NOTARY PUBLIC
Serial No. (none, if blank):
[NOTARY SEAL]
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Partial Reinstatement of Restrictions and
Partial Release of Restrictions and Reservations
Deed No. 19447
Witness
Print/Type Witness Name
Witness
Print/Type Witness Name
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
CITY OF MIAMI, FLORIDA, a municipal
corporation of the State of Florida
By: (SEAL)
Name:
Title:
ATTEST:
By:
Name:
Title:
(OFFICIAL SEAL)
APPROVED AS TO FORM AND
CORRECTNESS
By:
Name:
Title:
The foregoing instrument was acknowledged before me by means of ( ) physical presence
or ( ) online notarization, this day of , 2025, by
, as on behalf of CITY OF
MIAMI, FLORIDA, a municipal corporation of the State of Florida.
is ( ) personally known to me or has ( ) produced a State of Florida driver's license as
identification.
Sign Name:
Print Name:
My Commission Expires: NOTARY PUBLIC
Serial No. (none, if blank):
[NOTARY SEAL]2
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Partial Reinstatement of Restrictions and
Partial Release of Restrictions and Reservations
Deed No. 19447