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HomeMy WebLinkAboutExhibit D Declaration of Restrictions4C:Ffid 21-317RCl3959C@0 OR BK 30609 Fes 1234-1241 GN'3si RECORDED ii i12/2j__11,- 11:3=-2:3 yARUE't R+J'S+I1�1f C=LERK OF �*OURI (,; I IINII-DACIE i:OUH YY FLiORIDi This instrument was prepared by: Robert Warren, Real Estate Advisor Regulatory and Economic Resources Department Miami -Dade County 111 N.W. lst 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 following: 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. U 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. �aq COiJTyI 11 f i 3 � 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. Countv Ins v e c t i o n a n d 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 Convevance. 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 Countv 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. Severabilitv. 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. RecordinLy. 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 ]. 0>_ day of J'U t-- y , 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] rk 4 C1 elllt nG �\atutoo Fitness Attest: ness Attest: STATF nF Fl0 a d'Q- COUNTY OF NVbM.l )OAe- SS: River Landing Conservation Foundation, Inc. a Florida not-for-profit corporation By: Name:% Elle -Fe— Title: The foregoing instr ment was acknowledged before me thisj6 day of-JU-"- , 2017. bye �P — - .,t t l AS .IN Fe MR , of the River Landing C�on4erN",LAN n Fnundationa Florida not-for-profit corporation, whose title is —t -)k -re Y- and s/lqQas produced as identification or is pe �yTcnON,,,n w , CORALEE PENABAD +. MY COMMISSION N FF 246234 EXPIRES: July 1, 2019 (SEAL)'�tTf"tb,`• Bonded Thru Notary public Underwriters - k-�—Ot't _ Notary Public -State of Ronda -- Commission Number: MIAMI-DADE COUN Y, FLORIDA, apolitical subdivisio of the State of Florida by its Boar f County Commissioners By: Name: 'FS TF_ Q 6 V V J. Title: C"[ R M W Kj ATTEST: HARVEY RUVIN RK : `Pti�#�-,°•,,� :coal°: M By: �`<o Dep ioP ' �:r3c� - APPROVED FOR FORM AND LEGAL SUFFICIENCY By: PIA ,(/ AX-, - Name: agk& 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 2-K 31_1605� PG 1241 I -AST PAGE EXHIBIT "B" , March 12th, 2013 River Landing County Parcel Alternate 1 MIAMI, FL PRELIMINARY BUDGET ESTIMATE J A HEREJ y CERTIFY that this is a true copy or r.. ,rngrnal bled in this office on day of D 10 .vITNESS my hand nd O l Seat. ".ARVEY RIMPl of ;rrcwt and County Courts �v TAMSHIA OLD #20a Gross Sita Area (SF): 94,000 River Landing County Parcel Alternate 1 SPEC I DESCRIPTION OF WORK QNTY I UNiT I COST I TOTAL SITE)VORK & UTILITIES General items Surveying, Layout, & As -bunts 1 Is 25,ODD.00 25,000 Sedimentation Control Fence 2,300 If 6.00 11,60 Turbidity Border 1,00D If 25.00 25,000 Construction Entrance 2 ea 6,000.00 10,000 Construction Gales - 20'-0° 2 as 1,200.00 2,400 Truck Wash Sidon 1 ea 4,000.00 4,000 Temporary Construction Fence wl Screen 2,300 If 12.50 28,750 Maintain Temporary Construction Fence 310 mh 23.00 7,130 Demolition Asphalt removal 70,000 sf 0.17 11,900 Concrete curb removal 1,316 Inft 0.17 224 Tree RemovallClear & grub 94,000 at 0.46 42,300 Remove Light Poles/Foundations 5 ea 367.33 1,837 Earth Work Ship Topsoil 0' -6" -Haul Offsite 1,741 cy 1D.89 18,957 Rough Grade Site 10,444 sy 1.63 17,024 Storm Drainaoa 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's Edge 100 ea 2,000.00 200,000 Lighting: Overhead 30 an 4,000.00 120,000 Site Improvements Replace a fisting sidewalk 12,400 at 5.00 74,400 Stomped concrete paving w/ wood element 26,000 of 12.00 312,000 12' Stabilized subgrade 2,869 sy 4.60 13,D01 4"Limarockbase 2,889 sy 7.50 21,667 Seawall Improvements Temporary sheet piling 9DD If 360.00 3111 Dewatering 1 ales 250,D00.00 250,000 Utility locates (Diver) 1 Is 16,00D.00 i6,0DO Maintenance of Traffic - Existing Roadway as Amass 1 Is 10,000.00 10,000 Sheet piling, concrete cap, better piles at new sea wall 750 If 1,300.00 875,000 Limestone boulders lining new sea wall (Waml-Dade rgmnt) 760 If 135.00 101,260 Bond for boulders, materiel only (Miami -Dade rgmnl) 750 If 9D.00 67,500 Site Fumishinos Plaimwell Benches-Wood/Meta4ft 12 ea 3,000.00 38,000 PlainwellTrash Receptacles 15 ea 1,400.00 21,000 Wayfinding signage 3 Is 6,000.00 15,000 Metal Ratting 800 Inft 76.00 GO,= Misc. FFE Designer 1 alw 75,000,00 75,000 Landscaoina & Irrloation Landscaping -Large Palms 26 ea 3,750.00 93,75D Landsgaping - Trees 40 ea 2,500.00 100,DOD Landscaping- Shrubs/Groundcover 650 as 85.00 42,250 Landscaping- Sod 70,500 of 0.37 26,D85 IrigaOon 94,000 of 0.45 42,300 Subtotal Construction Costs 3,222,Z23 General Conditions & Mark Urs General Conditions 40D,D00 insurance Program 40,DOn Payment & Performance Bond 32,000 Design Contingency 0 Construction Contingency 2% 80,000 Construction Managers Fee 5% 200,000 Estimate Total: 1 i r 01= FLORIDA rin"Ki rI v iJAl )r 3,974,223 J A HEREJ y CERTIFY that this is a true copy or r.. ,rngrnal bled in this office on day of D 10 .vITNESS my hand nd O l Seat. ".ARVEY RIMPl of ;rrcwt and County Courts �v TAMSHIA OLD #20a