Restrictive Covenant from CMB to Collins Park Rotunda 2022 -3221
I lllll!IIIII I1lII lIIII I1111 I111111111 II11 III!
CFN 2023R0636604
OR 3K 33874 P9s 944-951 (8P9s)
RECORDED 09/11/2023 12338:03
JUAN FERNANDEZ•-DARWIN
CLERK OF THE COURT & COMPTROLLER
RESTRICTIVE COVENANT MI MI-i3ADE COUNTYv FL
THJS RESTRICTIVE COVENANT is hereby entered into this ' day of
C1G ei 'r , 20 X.? , by City of Miami Beach, hereinafter referred to as
"the Owner."
WHEREAS, the Owner is the fee simple title holder of the land and the
building(s) to be used as a cultural facility located at 2111. Collins Avenue,
Miami Beach, FL 33139. A legal description of the subject property is attached
as Exhibit A and is made a part of this covenant.
WHEREAS, the Owner has been approved to receive a Cultural Facilities
Grant in the amount of $445,419, to be administered by the Division and used .
only for the acquisition, renovation, and construction of the cultural facility, as
required by Section 265.701(1), Florida Statutes. "Facility" is used herein to refer
to the building(s) and associated land that will be used as a "cultural facility," as
defined herein.
WHEREAS, the Division has authority under Section 265.701(4), Florida
Statutes, to require that this restrictive covenant be recorded to ensure that the
facility will be used as "cultural facility," as defined herein, for at least ten (10)
years following execution of the grant award agreement.
NOW THEREFORE, in partial consideration for the Cultural Facilities Grant
and in accordance with Section 265.701(4), Florida Statutes, the Parties agree to
the following:
1.) This restrictive covenant shall run with the title to the facility and the
associated land, shall encumber them, and shall be binding upon the Owner and
its successors in interest for (10) ten years following execution of the grant award
agreement.
2.) The grant award shall only be expended for
Project Tittle: Coffins Park Rotunda (24.c.cff.2OO 669)
3.) For the required duration of this covenant, the Parties agree that the Owner
shall own all improvements made to the facility and the associated land, funded in
whole or in part by grant funds.
4.) The Division has the right to inspect the facility at all reasonable times to
determine whether the conditions of the grant award agreement and this
covenant are being complied with.
Page 1 of 4
5.) The Owner shall maintain the facility as a "cultural facility," defined as a
building which shall be used primarily for the programming, production,
presentation, exhibition or any combination of the above functions of any of
the cultural disciplines defined in s. 265,283(1), F.S. These disciplines include,
but are not limited to music, dance, theatre, creative writing, literature,
architecture, painting, sculpture, folk arts, photography, crafts, media arts,
visual arts, programs of museums, and other such allied, major art forms.
6.) This restrictive covenant will be violated if the Owner or its successors in
interest if the facility ceases to be used as a cultural facility, as defined above,
within ten (10) years following the execution of the grant award agreement as
required by Section 265.701(4), Florida Statutes. If the Owner violates this
restrictive covenant, it shall repay the grant funds to Division pursuant to the
amortization schedule set forth below:
a. If the violation occurs within five (5) years following the execution of the
grant award agreement, 100% of the grant amount;
b. If the violation occurs more than five (5) but less than six (6) years following
execution of the grant award agreement, 80% of the grant amount; c. If the
violation occurs more than six (6) but less than seven (7) years following the
execution of the grant award agreement, 65% of the grant amount;
d. If the violation occurs more than seven (7) but less than eight (8) years
following execution of the grant award agreement, 50% of the grant amount;
e. If the violation occurs more than eight (8) but less than nine (9) years
following execution of the grant award agreement, 35% of the grant amount;
and
f. If the violation occurs more than nine (9) but less than ten (10) years
following execution of the grant award agreement, 20% of the grant amount.
7.) Any amount due from the Owner as a result of a violation of this restric-
tive covenant shall be due in full within 90 days of the violation, or some other
period of time as agreed upon by the parties.
8.) If the entire amount due under the provisions of paragraph six (6) is not
repaid by the Owner within the time allotted, the Parties agree that the Divi-
sion may obtain a stipulated judgment against the Owner for the amount due
plus interest at the current legal rate; and record it in the public records of the
county where the land and cultural facility are located. The Parties further
agree that such a judgment shall be a stipulated judgment by virtue of full ex-
ecution of this restrictive covenant; that it shall not require further approval of
the Owner to obtain; and that no trial or hearing shall be necessary to make
such a stipulated judgment legally effective. Such a judgment, when recorded,
shall be considered a valid lien upon Owner's interest in the facility and the as-
sociated land, including all improvements funded in whole or part by grant
funds.
Page 2 of 4
9.) As a condition to receipt of grant funds, the Owner shall:
a. Record this covenant in the public records with the Clerk of the Circuit Court
of Miami-Dade County, Florida;
b. Pay fees associated with its recording; and
c. Provide a certified copy of the recorded covenant to the Division.
10.) The Parties agree that the Division shall incur no tax liability as a result of
this covenant.
IN WITNESS WHEREOF, the Owner hereby affirms that he/she has read
this restrictive covenant, understands and agrees to its terms, and hereby
affixes his/her signature accordingly.
PARTIES and WITNESSES:
CITY OF M ,I BEACH
J Aline T. Hudak, City Manager
OWNER NATURE, OWNER NAME (print)
44141
J/�.r�i AraSin& dGGilerI
First Wi es •i•r .Wre First Witness Name (print)
4141
Imo. SOt1ano
Second ems'tgnature Second Witness Name (print)
1700 Convention Center Drive/Attention: City Manager
OWNER ADDRESS
City of Miami Beach Florida 33139
City State Zip
APPROVED AS TO
FORM & LANGUAGE
Page 3 of 4 & FOR EXECUTION
ORf pi0
j C Dote Attorney ,;
•
The State of Florida County of ILt cuu-4
The foregoing instrument was acknowledged before me by means of . physical presence or
ath
online notarization, this day of, j1* �3
Anna T. Hudak
— -- ______ ---personally
(Name)
appeared as - City Manager ;.cr City of Miami Beach
(Position) (Name of Qualifying Entity)
I own to me o be or proved to my satisfaction that hejshe is the person described in and who ex•
ecuted the foregoing instrument.
Type of Identification Produced -_---a --- --- --_. ..----------. . -}-___
Executed and sealed by me at N,�1Ql4u aiL, Florida on ! 7e262_
n t(n_ �J� Notary Public in and for
The State of ._ - $11ek..
NAIMA DE PINED>7
My commission expires. .__.-----------
1 S EA litcet44,,. '_ Notary Public
State of Florida
�"�; Commit HH284392
'i 7 `!V Expires 9/26/2026
This document was prepared by the following individual':
Teri R. Abstein
R.. A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399-0250
Page 4 of 4
EXHIBIT "A"
Collins Park Performing Arts Venue Rotunda `.`•.'-" B L_A i
2111 COLLINS AVENUE, MIAMI BEACH FL 33139
A PORTION OF FOLIO NUMBER: 02-3226-001-0370
LEGAL DESCRIPTION: (Sketch and Legal description attached)
SKETCH TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "A"
MIAMI BEACH ROTUNDA PARK
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PERIIN°NI INFORMATION USED FOR'HE PREPARATION OF 111,5 UOCUMENI
y
Inc Legal Description of the Subject Parite'.was generated from the following documents: 0z
I.Miami-Dade County lax Folio 02-3226-00 -0370. W
2 Plat o''TIP OCEAN FRONT PROPERTY OF TIE MIAMI BEACH IMPROVEMENT COMPANY',recorded m Plat Book 5.at'age 7,M a^n.Dade County 5
Public Records. N
3.CAD and'.pdi files provided by the C,ty of Miami Beach.
Beanras shown hereon are based upo^the Ce-terhne or Coiluns Avenue,wth a^assumed bearnd of N 19°3C:0I I,said are to'e considered a well a
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esUbhshed and monumented,,ne. o
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EASEMENTS AND ENCUMBRANCES. u
No information was provided as to the existence of any easements other fiat wat appears or the urder!yng Plat of record Please refer to the,imitations Z
item with respect to possiple rest-fictions of record and utility services.
LIMI`ATlONS:
Since to other nformauo^were furnished other,har what n cited apove.the Cent n hereby adv5ed that there may be legal restrictions o^the subject d
property that are not shown on this Sketch or contained within this report that may oe'ound•.n the Puphc Records of Miami Dade County.Florida or any S
other pubic and p^vate entities as their;urisdicbons may appear, i-
SURVEYORS CERTIFICATE. wI
I hereby cent.fy: That the Legal Description and Skater of the subject area described hereon was. rn W
made under my supe sio,and that the Legal Description
meets the Standards or Practice set forth by the`lorda Board of Professional Land Surveyors a^d Mappers in Chapter 5.,-i 7.Florida Administrative Code
pursuant to Sect•on,472.02'7,Gorda Statutes,and that the sketch hereon 5 correct to the bent of my know edge and belief,subject to notes and sa
notat•ons Shown ne'eon.This sketch sl owns rot a and survey. u
NOTICE:Not valid without the digital signature and seal and/or tie signature and 0
LONGITUDE SURVE"OR5 LLC.,a Flonda Limited Liability Company antral raised seal of a Florda Licensed Surveyor and Mapper Additions and W
rlo^da Cert"sate a'Authorization Number 07335 deleUons to this map to Survey by other than the signr•g party are prohibited 3
without the wrtten consent of the s,gnrng panty ww,
Digitally signed by Eduardo M .°°'rdo"r,
Eduardo M Suarez Suarez
Date:2023.08.31 18:21:20-04'00' LL
'.3),
Eduardo M.Suarez."`-.N. ,Cara, � ILI
• Registered Surveyor and Mapcier 1563,3 „s�•r' + i-
.Jtate Vi=lunch
NOTICE This document is not valid,tut and complete wflhoul all three(3)pages.
LrisoNGITUQE SURVEYORS
THIS IS NOT A SURVEY
7700 N KENDALL DRIVE. SUITE 705, MIAMI, FLORIDA 33156 • PHONE.(3051463-0912 • FAX.(305)513-5680 • WWW LONGI TUDESURVEYORS COM
. JOB No.22085.0.42 PAGE I OF 3
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
MIAMI BEACH ROTUNDA PARK EXHIBIT "A"
LEGAL DESCRIPTION:
A parcel of land being a portion of CITY PARK,of THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY,according to the plat thereof,as recorded in Plat Book 5, Page 7 of the Public
Records of Miami-Dade County,Florida,which is South of 22nd Street,and West of Collins Avenue,being more
particularly described as follows:
All of that part of said CITY PARK,contained within a circle having a radius of 25.37 feet,whose center bears
S 62°14'49"W and is 187.08 feet from the intersection of the Centerlines of 22nd Street and Collins Avenue.
LESS that portion of said circle,being external of a concentric circular curve, being offset 1.00 feet to the interior
from the edge of said circle and being bounded Northerly by a line bearing S 19°39'42"E from the center of said
circle and being bounded Southerly by a line bearing S 01°10'02" E from the center of said circle.
LESS that portion of said circle,being external of a concentric circular curve,being offset 1.00 feet to the interior
from the edge of said circle and being bounded Northerly by a line bearing N 40°20'18" E from the center of said
circle and being bounded Southerly by a line bearing N 58°49'58" E from the center of said circle.
TOGETHER WITH:
BEGINNING at the point on the edge of said circle,bearing N 85'09'34"W from the center of said circle;thence
N 70'24'52"W,a distance of 10.51 feet;thence S 19°35'08"W,a distance of 12.51 feet;thence N 70°24'52"W,a
distance of 11.17 feet;thence N 19°35'08"E,a distance of 25.75 feet;thence N 70'24'52"W,a distance of 17.67
feet;thence N 19°35'08" E,a distance of 20.00 feet;thence S 70°24'52" E,a distance of 17.67 feet;thence
N 19'35'08" E, a distance of 10.58 feet;thence S 70°24'52" E,a distance of 11.17 feet;thence S 19°35'08"W,a
distance of 30.92 feet;thence S 70°24'52" E,a distance of 10.50 feet,to the point of intersection with the edge
of said circle,said point of intersection bears N 55°42'34"W from the center of said circle;thence Southwesterly
and Southerly, curving along said circle to the left,through a central angle of 29°27'00",for an arc distance of
13.04 feet,to the POINT OF BEGINNING.
Containing 3,118 square feet,more or less, by computations.
THIS IS NOT A SURVEY
NOTICE This document is not valid,full and complete without all three(3)pages
L rAONGITUDE SURVEYORS
7700 N KENDALL DRIVE SUITE 705, MIAMI. FLORIDA 53156 ' PHONE(305)463-0912 ' FAX(305)513-5680 ' WWW'_ONGITIJDESJRVEYORS COM
JOB No.22085.0.42 PAGE 2 OF 3 •
OR Et K 3:3 8-7 4 PG 951
LAST PAGE
ow SKETCH TO ACCOMPANY
k EXHIBIT "A"
1 t
LEGAL DESCRIPTION
MIAMI BEACH ROTUNDA PARK o
N 19°3508"E 20.00 0 .
.1.11%111111.11
i',..
CITY PARK ..
THE OCEAN FRONT PROPERTY u
OF THE MIAMI BEACH N N '
IMPROVEMENT COMPANY Lo
(P.B. 5 PG. 7) gs,
I.,
Z
0 0 V70 i 0
N 19°35'08"E 25.75'
3 N 19°35'08"E / Lu
iN 10.58' iN
1.:01'• ;4.7
z S 19°3508"1N S 19°3508"W 30.92' c.)
12.51'
0 0 0 0
3 iu
NOTE:
;rLo t'A
. u BOTH CONCENTRIC OFFSET CURVES
o— o—P.O.B. HAVE THE FOLLOWING DATA:
— r", N.
Z (/)
4 - - - i - — R=24.37'
A= 18°29'40"
, • . L=7.87'
2,•°.. ICZi—
cp• 0,it Ze
crL Cst—J Ai
O•
0)
Pti
' A=96°0028" -70' 7)/ A=96°0252"
L=42.51' 1,......,' ..,..N' L=42.53'
; CENTER OF CIRCLE
.,. ii R=25.37' •
vs,‘...„. •.,
SON (1°
LEGEND:
,...),.."
,
P.B. =PLAT BOOK (,,,o• • .c)‘ (9,;••,,
_ce PG. =PAGE 1.11
R/W=RIGHT OF WAY ic;) Oz
,-.: ....(1./ .
. q=CENTERLINE
R= RADIUS .. A= 101°3020"
- • 4 Nt'Z 20
L=CURVE LENGTH L=44.95' ..... Csq-.4
o
0," . •
A=DELTA/CENTRAL ANGLE &,"‘ r•,..& ,
O.R.B. =OFFICIAL RECORDS BOOK A
"01 N 19°36 E .,;or•.
P.O.B. =POINT OF BEGINNING q COLUNS AV.
NOTICE.This document is not valid,fuN and complete without all three(3)pages.
LONGITUDE SURVEYORS THIS IS NOT A SURVEY •
7700 N KENDALL DRIVE. SUITE 705, MIAMI,FLORIDA 33156 • PHONE(305)463-0912 • FAX(305)513-5680 • WWW LONGI TUDESURVEYORS.COM
JOB No.22085.0.42 PAGE 3 OF 3 ,.