MB Chamber Parking Covenant
MEMORANDUM
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January 10,2002
TO:
Bob Parcher, City Clerk
FROM:
Gary M. Held, First Asst. City Attorney
SUBJECT: MIAMI BEACH CHAMBER PARKING COVENANT
Please arrange for execution of the attached covenant by you and the City
Manager, and return to me for return to the Chamber for recording in the public records.
The execution and recording of the covenant are condition precedents to the
Chamber's receipt of a final certificate of occupancy for their new building and have to be
accomplished ASAP.
Attached is a copy of the After Action and Resolution 2001-24598, which
authorized use of the covenant, including its execution by the City Manager,
Please contact me if you need anything further,
F:\A TTO\HELG\Forms\Covenants\Chamber.execution.mem. wpd
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This instrument prepared by
and should be returned to:
02R0395S6 2002 FEB 13 13~ L8
Gary M. Hel~ First Asst. City Atty.
1700 Convention Center Drive, 4th Floor
Office of the City Attorney
Miami Beach, Florida 33139
DECLARATION OF RESTRICTIVE COVENANTS
IN LIEU OF UNITY OF TITLE
KNOW ALL BY THESE PRESENTS that the undersigned Miami Beach Chamber of
Commerce, Inc., a Florida not for profit corporation ("Chamber"), and City of Miami Beach, a
Florida municipal corporation ("City") (collectively "Owners"), hereby make, declare and impose
on the land herein described, this covenant running with the title to the land, which shall be binding
on the OvYners, their heirs, successors and assigns, personal representatives, mortgagees, lessees, and
against all persons claiming by, through or under them;
'WHEREAS, the Chamber holds the fee simple title to the land in the City of Miami Beach,
Florida, described in Exhibit "A" to this Declaration, and hereinafter called the "Property," and
WHEREAS, the City holds the fee simple title to the lands in the City of Miami Beach,
Florida, respectively knoVllIl as the Convention Center "Preferred Lot," located at 19th Street and
Convention Center Drive, and the Holocaust Memorial Parking Lot, aIkIa "Lot 5H:' located at 19th
Street and Meridian Avenue, and hereinafter called the "Parking Lots," and
WHEREAS. the Chamber intends to improve the Property for office use; and
WHEREAS, the Chamber's required parking obligation for the Property has been satisfied
in part by providing parking on site, and by a waiver of development regulations for a portion of the
site leased for governmental purposes, however, the Chamber has an obligation of three required
parking spaces remaining to be satisfied; and
WHEREAS, the City bas determined that, pursuant to City Code section 130.36, Off-site
facilities, it can provide the three necessary spaces to satisfy the Chamber's required parking
obligation, according to the conditions set forth below;
.NOW THEREFORE, in consideration of the premises, Chamber and City hereby agree as
follows:
1. The Chamber's outstanding obligation of three required parking spaces shall be
. satisfied by the availability of undesignated spaces in the Parking Lots.
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Declaration of Restrictive Covenants
In Lieu of Unity of Title
2. The Chamber's use of the spaces shall be according to the follo-wing conditions:
a. The three undesignated parking spaces in the Parking Lots shall not have
been previously designated nor will be subsequently designated as required
parking for any other use, unless this covenant is modified or released.
b. . The three undesignated parking spaces in the Parking Lots shall be dedicated
to the Chamber's use, except"that when the Chamber is not actually using
such spaces, they may be used in accordance with the then prevailing policy
of the City as to other spaces in such lots. '
c. The Chamber will pay the standard rate for the use of the spaces whenever
it needs use thereof. The Chamber shall give 24-hoUIs notice of such need
to the Director of the City's Parking Department, who shall ensure
availability and payment.
d. If either of the Parking Lots becomes temporarily unavailable for use by the
Chamber, spaces in the other lot shall, to the extent possible, be made
available to satisfy the requirement.
e. IfbothParking Lots become permanently unavailable for the Chamber's use,
including due to any defect in or invalidation of this declaration, the Chamber
shall have 180 days to find alternative means of satisfying the parking
requirement for the three spaces. In such event. the Chamber shall have 30
days from delivery of written notice by the City to the Chamber as to such
pennanent unavailability for the Chamber to post a letter of credit acceptable
to the City Attorney's Office for the parking impact fee attributable to the
three spaces. If at the conclusion of the 180 days, no alternative means of
satisfying the parking requirement has been provided, the letter of credit shall
be called, or funds or value equivalent thereto provided to the City for such
parking impact fees.
f. The letter of credit pending as of the execution i of this Covenant shall be
released upon the proper execution and recording of this Covenant.
3. The provisions of this instrument shall become effective ~n 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 often (10) years each, unless released in ",-riting by the City of Miami Beach,
either through its City Commission, or the City Manager on ad~ice of the' Director of the Department
of Planning, acting for and on behalf of the City ofIvIiami Beach, Florida upon the demonstration
and affinnative finding that the same is no longer necessary to provide 'parking for the Property as
herein intended.
4. The provisions of this instrument may be amended, modified or released by a written
instrument executed by the Chamber and the City, if approved as pro"ided in paragraph 3 above.
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Declaration of Restrictive Covenants
In Lieu of Unity of Title
Should this Declaration of Restrictive Covenants be so modified, amended or released, the City
Manager or his successor, shall forthwith execlite a. written instrument effectuating and
acknowledging such amendment,modiiication or release.
5. Enforcement shall be by action by any party hereto against any parties. or persons
violating or attemptiD.g to violate any of these covenants. The prevailing party to any action or suit
pertaining to or arising out of this Declaration shall be entitled to reeoyer, in addition to costs and
disbursements, allowed by law, such sum as the Court may adjudge to be reasonable for the services
of his anomey. lbis enforcement provision shall be in addition to any other remedies available at
law, in equity or both.
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. If this covenant is declared invalid,
the Chamber shall be permitted to follow the procedures in paragraph 2.e. above..
\
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7. This Declaration shall be recorded in the public records of Miami-Dade County at the
Chamber's expense.
8. All rights, remedies and privileges granted herein shall be deemed to be cumulative
and the exercise of anyone 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.
,
9. In the event of a violation of this Declaration, in addition to any other remedies
available, the City of Miami Beach is hereby authorized to withhold any future permits, and refuse
. to make any inspections or grant any approval, until such time as this .Declaration is complied ~ith.
Signed, wi1DeSSed, executed aodacknowledged on this $ay of~ 2.OOj./
IN WITNESS WHEREOF, the Chamber and the City have caused theseUents to be signed
. in their name by their proper officials.
Witnesses:
@k-
Signature
!GtH6el2L-~ OA~E.S
Print Name
-,
MAMI BEACH CHAMBER OF COMMERCE.
INC_
l '1:to )Y\ e.<<,.", ct I,MJ A.'\J e:..
Address:
Yh.\.~" ~~~ ~{...
By
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Deciaration of Restrictive Covenants
In Lieu ofUni of Title
Tide
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COUNTY OF MIAMI-DADE )
r.\ The~ e oingiu.stIumeotwas acknowledged before me by ~ IZ.4c.>- f'l.S 1""1..... :-the
1/ a..~ ~. of Miami Beach Chamber of Commerce. on b~ the
corporation. c or she i crsonally known to or has produced , as
identification.
Witness my signature arid official seal this ~y o. f ~ L .~..~/-:100~ the
County and State aforesaid. ~. 7T)5
GA8RJElAANN DORIA k~; I ,fA ~ ,~
NaTM'I'~.I1'A1UFIILIM8 t.aIy Public-State of ~~k
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Print Name
My Commission Expires:
CITY OF MIAMl BEACH
J:;Q. ~Qrr MANAGER
A~~ fewW--
CITY CLERK
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Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F:\A. TTO\HELG\Fonns\Covenants\Chambcr.c:ov. wpd
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PAGE 1--)5/;:)5
'. . . Exhibit itA- I
A portion aT Slcd< s.A. of .....~"DED PLAT OF GOlf'" COURSE suaCMSJ N OF'7'HE ALTON BEACH REALT'f
;:JMPft.NY. according ':0 tl":2 Plat there<.:!. raccrdsli:1 in ?1m: acck S. at Page ci'the Puelic Records cfMlemi. Ca~e
Ccunr'l. FlOrida. m~ partiC11lady descrlbed as idlows:
F.-om' ~ CCflc:-ets monument'situa.tl!d at the N.ol1hwest comer of Lincoln FI I d and .Jefffjll'SCn ^~. Said monumerrt
being 13.50_0fe~ East and ZiO.D fe~'Norttl cfthe S<::lJttlwest QmerdThe r1t;west 1/4 otSed>cI134_ Tawr.snip 5~
South: r;.ar.9~ 4Z Esst. as iC':CI'ded cn a nat entitled ~ OED PtA7 OF G I...F COURSE SUBDMSJQN Or ,HE
At. TON EEACH REALTY COMPANY and recorded inPfat Sack 5; Page.26 the PuJ:::Re Racords of Miarm-:: Dada
CounfY. MOrida. rUiEasterly3long'the North line of Uoccln Rca,fa of 370..0 1eel to a ccnc"2te monumenr.
thenca n.Il'l NortJ1 along 1'J1e We$: IJne of MerldSn Avenue a dis1:anc2 of "I SSQ.I feet to the. Poit"ll: r::f Beginning Of the trac:
herein desdbed. ' ..' I
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. From ttl~ ~irit of BegInning ~ue iI1 a No!:fJ'1erlydfredfcn a1ong.IheWe I rll'le gfMerldJanAvenue adis::.ar.ce et,'S-7 -
fs2t ,plus or mln~ to the South bullch~ lil"'.e ci CoJIins Carlal. thence run ~ S~ dfredion along the. .
bulkhead On the South.side Of Coffins Caliala distanc::a cf '172.3 feet plus or . " os. to a poirt, said point: belhg 'd1s
intet-~n at the bulkhead with 8 line paraDe! to and 150.0_ dis:a.rI W m 'the-West lIne ,cr Meridian :AvenQ~
thenc~ J'tl:l1U1 a Southerly diredicn alt:ng a Jfne para1IeI to and 'Si~O fcer: d nt Wes: from the West"lIne-of 1iIerioJai,
A~nue a distarlce of 31.:3 feetto a pcint. thence deflec:ihg to the left 000. nm! ~ along a ~ parallel to a~d 1.00.11
feet distant North of t1'I9 North line a Nrneteenth. Street, a .d"CaI'lC8 of 150.0 fE! to the Peintd' Beginning ot1he tl'act
harafn descrrbed. .
L.5S the following d~,pn::perty:
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COURSe SUSOMSJON OFTHe' AlTON
ok~ at Page.25 at the PuIoliic ~ df
1d Blodca dlsfance.Ct 11 feet'tD a pclnl: .
'sald pc~beIng'4fesr.~esterlyct .
, thenc:::it ri.Jn N~ aong sak1
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SegSMlhg atlhe Northeast COma" d Sled( 5-A. ',of ;1!dENOED PlAT OF G
. a,EAcH REAL T'f COMPANY. acccrdJng to the.plat u,ereo;. re::on:1ed in F!at
Miami -, Dade County,,,~ ..1henC2 run SOuti1erly along rile 5utady &ne 01
thenea TUtl in a No.1herly dlredcrl to a pcint en the Northerly Jir.e cf satj Bl
the aioresaJd point 01 beginning 1\'l~ ;dong said NOItt1erfy line of said 8 '
~rtheny line to point gf begit1ning.' ,
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Ciinis Punch
Page lof2
0"' City of Miami Beach City Attorney's Office
Liliam Hatfield [liliamhatfield@cLmiami-beach.fl,us]
Monday, February 25,200203:54 PM
ccuervo@ci.miami-beach,f1,us; caomb@d.miami-beach.f1.us; alchildress@ci,miami-beach.f1.us;
Iyssettecri pps@ci.miami-beach,f1.us; floydjordan@ci.miami-beach,f1.us; dterpak@d,miami-beach. fl. us;
judyhoanshelt@ci,miami-beach. fl. us; kevinsmith@ci.miami-beach,f1.us; procurement@ci.miami-beach,f1,us;
ameliajohnson@ci,miami-beach.fl,us; kentbonde@ci.miami-beach,f1,us
Cc: cmgr@ci.miami-beach,fl,us; citycler@ci.miami-beach.fl,us; ericyuh r@ci,miami-beach.f1.us
Subject: Incomplete Ordinances and Resolutions from 1996 to 2001
Importance: High
From:
Sent:
To:
Importance: High
Reso Number Meeting Date Notes status Contact person Date contacted CM notifl
2001-24472 0612712001 Needs Signed Agreements (C7C) Pending AI Childress 02/1312002
2000-23944 0512412000 Needs (3) Agreements cI FOOT R7D Pending Amelia Johnson 06/0612000 12/11/2
2001-24401 06/0612001 Needs Agreement C7P 01 Pending Carl Hastings 09/1112001 10125/2
2001-24440 06/0612001 Needs Agreement C7P 40 Pending Carl Hastings 09/1112001 10125/2
2001-24443 06/0612001 Needs Agreement C7P 43 Pending Carl Hastings 09/1112001 1 0125/2
2001-24444 06/0612001 Needs Agreement C7P 44 Pending Carl Hastings 09/1112001 1 0125/2
2001-24445 06/0612001 Needs Agreement C7P 45 Pending Carl Hastings 09/1112001 1 0125/2
2001'-24446 06/0612001 Needs Agreement C7P 46 Pending Carl Hastings 09/1112001 1 0125/2
99-23205 06/09/1999 Needs Signed Agreement (C7V) Pending CC/Rocio 03/1912000 1 0126/2
2000-23841 03/1512000 Needs drafting (R7G) Pending CC/Rocio 1 0129/2
99-23074 03/03/1999 Needs Amended Reso Pending CC/Rocio 12/1412000 1 0125/2
99-23029 01/06/1999 Needs Amendment Pending CC/Rocio 06/1812001 1 0125/2
99-23027 01/06/1999 Needs Amended Reso Pending CC/Rocio 05/1012001 10125/2
96-22225 12/04/1995 Needs Revision Pending CC/Rocio 05/1012001 10125/2
2001-24495 0612712001 Needs Signed Agreement (R7D) Pending CC/Rocio 08/1112001 10125/2
99-23185 06/09/1999 Needs Signed Covenant (C7B) Pending CC/Rocio 06/1812001 10126/2
2000-24167 11/0812000 Needs Amended Reso (R7J) Pending CC/Rocio 12/01/2
2001-24283 02/2112001 Needs signed Agreement c/ KPMG (C7V) Pending CC/Rocio 10129/2
2001-24500 0712712001 Needs signed Loan Agreement (R71) Pending CC/Rocio 1 0129/2
2001-24600 0912012001 Needs signed Agreement (R7F) Pending CC/Rocio 1 0129/2
2001-24313 0312812001 Needs Amended Reso (R7D) Pending CC/Rocio 1012512
2000-24220 1212012000 Needs Agreement (R7E) Pending CC/Rocio 1012512
99-23164 05/12/1999 Needs amended reso Pending CC/Rocio 08/0212000 1012512
2000-24189 1112912000 Needs Amended Reso (R7G) Pending CC/Rocio 10125/2
99-23171 05126/1999 Needs mem from applicant (C7B) Pending CC/Rocio 09/0812000 1 0125/2
I.
t 0212512002
. Citrus Punch
~
Page 2 of2
...
2000-24162 11/08/2000 Needs reso from 24162 and 24163 Pending CC/Rocio 01/17/2001 1 0/25/2
2001-24152 11/08/2000 Needs Signed Agreement (C7J) Pending CC/Rocio 06/18/2001 10/25/2
2000-24151 11/08/2000 Needs Signed Agreement (C7H) Pending CC/Rocio 01/19/2001 1 0/26/2
2000-24125 10/18/2000 Needs Amended Reso Pending CC/Rocio 10/18/2000 10/25/2
2000-23841 03/15/2000 Needs Reso Drafted (R7G1) Pending CC/Rocio 05/09/2001 10/29/2
99-23244 07/09/1999 Needs Amended Reso (R8A3) Pending CC/Rocio 08/31/2000 10/25/2
2000-24193 11/29/2000 Pledge Agreement with Friends of Bass (R7K) Pending CC/Rocio 1 0/25/2
396-2001 09/20/2001 38 Amended Resolution Pending CC/Rocio 1 0/25/2
382-2001 04/18/2001 R7K RDA Amended Reso Pending CC/Rocio 04/20/2001 10/25/2
98-22753 OS/28/1998 Needs agreement R7D Pending CC/Rocio 12/1212001
98-22761 06/03/1998 Needs amendment Pending CC/Rocio 12/1212001
98-22957 11/04/1998 Needs amendment to reso Pending CC/Rocio 12/1212001
99-23188 06/09/1999 We need amendment C7E Pending CC/Rocio 12/1212001
388-2001 06/28/2001 388-2001 3B Signed agreement Pending CC/Rocio 06/28/2001 10/25/2
392-2001 07118/2002 3B Signed agreement needed Pending CC/Rocio 10/25/2
2001-24456 06/06/2001 Neds agreement C71 Pending Chief Jordan 08/0212001 12/10/2
2001-24457 06/06/2001 Needs Agreement C7J Pending Chief Jordan 08/0212001 12/10/2
2000-23875 04/1212000 Needs amendment R7K Pending Debbie Tumer, 09/05/2000
2000-24200 12/20/2000 Needs Signed Agreement Pending Drew Terpak 03/15/2001
99-23072 02/17/1999 Needs Draft of Reso (R2A) Pending Drew Terpak ".,. 01/19/2001 4~
2001-24598 09/20/2001 Needs Signed Coverant (R7B) Pending Gary Held.# V fIJ- 01/17/2002 .' , '~
2001-24527 07/18/2001 Needs recorded document from Public Works Pending Gary Kokorian ~ 01/16/2002
2001-24280 02121/2001 Needs Signed Agreements (R7F) Pending John de Pazos 12/11/2001
99-23161 05/02/1999 Needs amendment to Reo (C7K) Pending John de Pazos 03/19/2001
2001-24687 12/19/2001 Needs signed Memorandum of Understanding Pending Judy Hoanshelt 01/08/2002
2001-24328 04/18/2001 Need (4) agreements R7K Pending Kent Bonde 04/20/2001
98-22858 07/15/1998 Needs amendment R7M Pending Kent Bonde 12/1212001
98-22857 07/15/1998 Needs amendment R7L Pending Kent Bonde 12/1212001
99-23167 05/12/1999 Needs amended and signed agreement R7F Pending Kevin Smith 01/29/2001
2000-24087 09/27/2000 Needs Signed Agreement C7C Pending Kevin Smith 01/29/2002
2001-24345 04/18/2001 Needs Signed Agreement Pending Kevin Smith 04/20/2001
98-22834 07/15/1998 Needs amendment C7F Pending Kevin Smith 12/1212001
2000-24357 01/1212000 Needs Signed Agreement (C7Y) Pending Kevin Smith 08/06/2001 1 0/26/2
99-23213 06/23/1999 Needs Amended Reso (C7C) Pending Kevin Smith '...... 08/06/2001 10/26/2
2001-24540 07118/2001 Needs signed agreement R7S Pending Larry Levy / 07/26/2001
I
2000-24172 11/29/2000 Needs Signed Agreement Pending Lyssette Cripps 12/01/2000 10/29/2
2001-24277 02121/2001 Needs Amended Reso (R7C) Pending Michelle Cullen 10/26/2001 1 0/26/2
2001-24620 09/21/2001 Went to legal on 10/15/01 for form approval Pending Murray Dubbil1 '~ 10/15/2001
99-23282 09/17/1999 Was sent to Legal for form approval on Pending Murray Dubbin 'J 01/25/2001
1/25101
98-22680 03fQ4/1998 Needs (3) agreements R7F Pending Raul Aguila 07/29/1998
325-99 09/1711999 3B Memo 99-51 need recorded Corrective nts Pending Raul AgUila 01122/2001 10/25/2
99-23333 09/22/1999 Needs amendment - R7P Pending Raul Aguila 11/03/2000 .
liliamhattield@ci.miami-beach.f1.us
02/25/2002