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2017-082-3187 - Release of Official Record Book 15802 and 17646 - with Recorded CopyRESOLUTION NO. 2017-82-3187 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RELEASE OF THAT CERTAIN DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN OFFICIAL RECORDS BOOK 15802 AT PAGE 1018, AS MODIFIED BY THAT CERTAIN DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN OFFICIAL RECORDS BOOK 17646 AT PAGE 4363; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS: PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 18, 1992, Thackeray Corporation recorded a Declaration of Restrictive Covenants in the Official Records Book 15802 at Page 1018, pertaining to certain restrictions and conditions of approval for a rezoning from RU-1 (Single Family Residential) and RU-TH (Townhouse) to RU-1Z (Zero-lot-line Development Single Family Residential), in order to construct five hundred ninety-four (594) residential dwelling units on property located south of NW 215th Street, east of NW 47th Avenue, and west of the Vista Verde neighborhood, and WHEREAS, on February 20, 1997, the Declaration was later modified by Modification of Declaration of Restrictive Covenants recorded in Official Records Book 17646 at Page 4363, executed, by ADESA-South Florida, LLC, which added a provision for development of an auto auction use as an alternative to residential development, and WHEREAS, neither the residential use nor the auto auction use has ever been developed and the land remains vacant to date, and WHEREAS, MG East, LLC ("Applicant"), is now the owner of the subject property and wishes to develop a light industrial warehouse distribution center on the site, and WHEREAS, the recorded Covenants are no longer relevant for the desired use, and i. » j WHEREAS, as the City of Miami Gardens is the successor to Miami-Dade County, the Applicant requests the City Council consent to the release of the prior recorded Covenants in order to facilitate the light industrial project, and WHEREAS, City staff is recommending that the City Council agree to authorize the release of the aforementioned Declarations of Restrictive Covenants, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the release of that certain Declaration of Restrictive Covenants recorded in Official Records Book 15802 at Page 1018, as modified by that certain Declaration of Restrictive Covenants recorded in Official Records Book 17646 at Page 4363 in the official records of Miami-Dade County. Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETIN&-HM ON APRIL 26, 2017. OLIVER GILBERT, III, MAYOR ATTEST: RONETTA TAYLOR, Ml^, CITY CLERK Resolution No. 2017-82-3187 PREPARED BY; SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: Seconded by: tt Avrc'l VOTE: Mayor Oliver Gilbert, III (Yes) (No)/V^~t' Vice Mayor Erhabor Ighodaro, Ph.D. 1/ (Ves) (No) Councilwoman Lisa C. Davis (Yes) (No) Councilman Rodney Harris (Yes) (No) Councilwoman Lillie Q. Odom ^ (Yes) (No) Councilwoman Felicia Robinson ^ (Yes) (No) Councilman David Williams Jr (Yes) (No) Resolution No. 2017-82-3187 mA, 200 18605 NW 27 Avenue Miami Gardens, Fiorida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date:April 26th, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box)Yes No Ordinance Reac ing:1st Reading 2'"' Reading (Enter X in box) X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source:Advertising Requirement:Yes No X Contract/P.O. Required:Yes No RFP/RFQ/Bid #:(Enter #) X Strategic Plan Related:Yes No Strategic Plan Priority Area: Enhance OrganizationaO Bus. & Economic Dev □ Public Safety □ Quality of Education □ Qual. of Life & City ImagE] Communication O Strategic Plan Obj./Strategy: N/AX Sponsor Name:Cameron Benson, City Manager Department:Planning and Zoning Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RELEASE OF THAT CERTAIN DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN OFFICIAL RECORDS BOOK 15802 AT PAGE 1018, AS MODIFIED BY THAT CERTAIN DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN OFFICIAL RECORDS BOOK 17646 AT PAGE 4363; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background On December 18, 1992, Thackeray Corporation recorded a Declaration of Restrictive Covenants in the Official Records Book (ORB) 15802, Page 1018, pertaining to certain restrictions and conditions of 18605 NW 27 Avenue Miami Gardens, Florida 33056 approval for a rezoning from RU-1 (Single Family Residential) and RU-TH (Townhouse) to RU-IZ (Zero- lot-line Development Single Family Residential), In order to construct 594 residential dwelling units on property located south of NW 215th Street, east of NW 47th Avenue and west of the Vista Verde neighborhood. The Declaration was later modified by Modification of Declaration of Restrictive Covenants recorded In ORB 17646, Page 4363, executed on February 20, 1997, by ADESA-South Florida, LLC which added a provision for development of an auto auction use as an alternative to residential development. Current Situation Neither the residential use nor the auto auction use has ever been developed and the land remains vacant to date. MG East, LLC, wishes to develop a light Industrial warehouse distribution center on the site and the recorded Covenants are no longer relevant for the desired use. As the City of Miami Gardens Is the successor to Mlaml-Dade County, MG East, LLC, requests the City Council consent to the release of the prior recorded Covenants In order to facilitate the light Industrial project. Proposed Action: It is recommended the City of Miami Gardens City Council adopt the Resolution consenting to the Deletion of Prior Recorded Covenants, pursuant to ORB 15802, Page 1018, as modified by ORB 17646, Page 4363. Attachments; Exhibit "A"- Release of Declaration of Restrictive Covenants Exhibit "B"- Previous Covenants: 15802-1018 Exhibit "C" - Previous Covenants: 17646-4363 Turnpike Release of Restrictive Covenant 15802-1018 and 17646-4363 EXHIBIT 'A"- Release of Declaration of Restrictive Covenant Prepared by and return to: Susanne Zabloudil, Esq. Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Miami, FL 33131 RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS THIS RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS ("Release") is made effective this day of , 20 , by MANHEIM REMARKETING, INC., a Delaware corporation, ("Owner"), and the CITY OF MIAMI GARDENS, a political subdivision of the State of Florida (hereinafter, "Miami Gardens"). RECITALS WHEREAS, Owner holds fee simple title to certain property located in the Miami Gardens, more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, Miami Gardens, as successor to Miami-Dade County, a political subdivision of the State of Florida, is the beneficiary of various covenants running with the land (the "Development Restrictions"), which Development Restrictions affect the Property; and WHEREAS, on December 17, 1992, Thackeray Corporation, and thereafter on February 20, 1997, ADESA-South Florida, LLC, predecessors in interest to Owner in the Property, recorded a Declaration of Restrictive Covenants in Official Records Book 15802, Page I0I8, as modified by Modification of Declaration of Restrictive Covenants recorded in Official Records Book 17646, Page 4363, both of the Public Records of Miami-Dade County, Florida (collectively the "Declaration"): and WHEREAS, the Declaration includes the following covenants and restrictions on the Property: (i) street light maintenance; (ii) special taxing provisions; (iii) certain School Board contributions; and (v) an Impact Fee Credit; and WHEREAS, the purposes for which the Declaration was recorded are no longer applicable to the Property and Miami Gardens has determined that the Development Restrictions should no longer apply to the Property; and WHEREAS, the Owner and Miami Gardens wish to release the Declaration as to the Property so that the Declaration shall be of no further force and effect; and WHEREAS, this Release was considered and approved by the Miami Gardens Commission at its meeting of , 20 , by Resolution No. . {38586366:3} NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Owner and Miami Gardens hereby agree as follows: 1. Release. Pursuant to this Release, after approval by the Miami Gardens Commission, as memorialized through Resolution No. , the Property is hereby released from the Declaration and all restrictions and encumbrances contained therein and the Declaration is of no further force or effect. 2. Restriction. No residential use and no auto auction use, as those uses were previously contemplated for the Property, shall be permitted on the Property hereafter, unless the restriction herein is modified in writing by the Director of Development Services or his/her assign or successor. 3. Recording. This Release shall be recorded in the public records of Miami-Dade County, Florida, at Owner's expense and a certified copy hereof shall be delivered to the Zoning Administrator of Miami Gardens within thirty (30) days after the date of recording. [The remainder of the page is blank; signatures follow.\ {38586366;3} IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals effective as of the date first above written. Signed, sealed and delivered in the presence of: "Owner" WITNESSES: MANHEIM REMARKETING, INC., s Delaware corporation Print Name: By: Name: Title: Print Name: STATE OF _ COUNTY OF The foregoing instrument was executed, acknowledged and delivered before me this day of , 20 , by , as on behalf of Manheim Remarketing, Inc. a Delaware corporation, who is [ ] personally known to me or who [ ] produced as identification. Name: Notary Public, State of My Commission Number:_ My Commission Expires:_ (NOTARY SEAL) {38586366;3) Approved as to Form and Correctness: By: City Attorney Approved: Director of Development Services Approved: Director of Public Works {38586366;3} EXHIBIT A THE PROPERTY LEGAL DESCRIPTION: ALL OF VISTA VERDE TOWNHOUSE SECTION "D", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 94, PAGE 59. OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS RIGHT-OF-WAY DEDICATION, AND A PORTION OF TRACTS 7, 8, 9, 10 11 21 22 23, 24, 25 AND 26 IN SECTION 32 OF THE EVERGLADES SUGAR AND LAND CO. SUBDIVISION OF SECTIONS 4, 5, 8, 9, 6, 17, 20, 21, 28, 29, 32 AND 33 TOWNSHIP 51 SOUTH RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST; THENCE NORTH 87°46'37" EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32 FOR 640.20 FEET; THENCE SOUTH 02°13'22" EAST 20.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02°13'22" EAST 30 00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY LINE ROAD (NW 215TH STREET AS RECORDED IN VISTA VERDE TOWNHOUSE SECTION "E", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 94, PAGE 69, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF SAID PLAT, THE FOLLOWING FIVE (5) COURSES AND DISTANCES; 1) SOUTH 87°46'37" WEST ON THE WESTERLY EXTENSION OF SAID SOUTH RIGHT-OF-WAY LINE 230.29 FEET; 2) SOUTH 75''30'04" WEST 94.36 FEET; 3) SOUTH 29°31'34" WEST 420.00 FEET; 4) SOUTH 09°00'36" WEST 439.98 FEET; 5) SOUTH 30°58'26 EAST ON SAID WESTERLY BOUNDARY OF VISTA VERDE TOWNHOUSE SECTION "E" AND CONTINUING ON THE WESTERLY BOUNDARY OF VISTA VERDE TOWNHOUSE SECTION "C", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 94, PAGE 33, OF SAID PUBLIC RECORDS 640.01 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY OF VISTA VERDE TOWNHOUSE SECTION "C" THE FOLLOWING TWO (2) COURSES AND DISTANCES; 1) SOUTH 46°28'32" EAST 470.00 FEET; 2) SOUTH 48°43'26" EAST 248.90 FEET TO THE NORTHEAST CORNER OF VISTA VERDE CLUSTERS UNIT TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 108, PAGE 76, OF SAID PUBLIC RECORDS; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF VISTA VERDE CLUSTERS UNIT TWO, THE FOLLOWING FIFTEEN (15) COURSES AND DISTANCES; 1) SOUTH 4ri6'34" WEST 54.35 FEET; 2) NORTH 48°43'26" WEST 21.00 FEET; 3) SOUTH 4ri6'34" WEST 55.07 FEET; 4) SOUTH 83°00'10" WEST 99.27 FEET; 5) SOUTH 49°58'52" WEST 16.27 FEET; 6) SOUTH 12°29'50" EAST 92.63 FEET; 7) SOUTH 50°00'10" WEST 116.43 FEET; 8) SOUTH 00°00'10" WEST 14.58 FEET; 9) SOUTH 89°59'50" EAST 10.00 FEET; 10) SOUTH 00°00'10" WEST 70.00 FEET; 11) NORTH 89°59'50" WEST 10.00 FEET; 12) SOUTH 00°00'10" WEST 118.70 FEET; 13) SOUTH 37''04'44" west 32.96 FEET; 14) NORTH 89°59'50" WEST 93.25 FEET; 15) SOUTH 37°04'44" WEST 18.61 FEET TO THE INTERSECTION WITH THE NORTHEASTERLY LINE OF AFOREMENTIONED VISTA VERDE TOWNHOUSE SECTION "D"; THENCE SOUTH 52°55'16" EAST ON SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF SAID VISTA VERDE CLUSTERS UNIT TWO 1056.01 FEET TO THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF NW 207TH U\NE AS SHOWN ON THE SAID PLATS; THENCE ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY RIGHT-OF-WAY LINE OF SAID NW 207TH LANE, THE FOLLOWING ELEVEN (11) COURSES AND DISTANCES; 1) NORTH 87°55'16" WEST 580.28 FEET TO A POINT OF CURVATURE; 2) NORTHWESTERLY ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 170.00 FEET, A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 133.52 FEET TO A POINT OF TANGENCY; 3) NORTH 42°55'16" WEST 107.85 FEET TO A POINT OF CURVATURE; 4) NORTHWESTERLY ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 230.00 FEET, A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 180.64 FEET TO A POINT OF TANGENCY; 5) NORTH 87°55'16" WEST 302.26 FEET; 6) SOUTH 02°04'44" WEST 60.00 FEET; 7) {38586366;3i SOUTH 87°55'16" EAST 302.26 FEET TO A POINT OF CURVATURE; 8) SOUTHEASTERLY ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 170.00 FEET, A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 133.52 FEET TO A POINT OF TANGENCY; 9) SOUTH 42°55'16" EAST 107.85 FEET TO A POINT OF CURVATURE; 10) SOUTHEASTERLY ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 230.00 FEET, A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 180.64 FEET TO A POINT OF TANGENCY; 11) SOUTH 87°55'16" EAST 665.96 FEET TO THE INTERSECTION WITH THE AFOREMENTIONED NORTHEASTERLY LINE OF AFOREMENTIONED VISTA VERDE TOWNHOUSE SECTION "D" AND THE SOUTHWESTERLY LINE OF SAID VISTA VERDE CLUSTERS UNIT TWO; THENCE SOUTH 52°55'16" EAST ON SAID COMMON LINE 19.65 FEET TO THE SOUTHEAST CORNER OF SAID VISTA VERDE TOWNHOUSE SECTION "D", SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF SNAKE CREEK CANAL (SOUTH FLORIDA WATER MANAGEMENT DISTRICT C-9 CANAL); THENCE ON SAID NORTHERLY RIGHT-OF-WAY LINE OF SNAKE CREEK CANAL (SOUTH FLORIDA WATER MANAGEMENT DISTRICT C-9 CANAL), THE FOLLOWING THREE (3) COURSES AND DISTANCES; 1) NORTH 87°55'16" WEST ON THE SOUTH LINE OF SAID VISTA VERDE TOWNHOUSE SECTION "D" 1021.00 FEET; 2) SOUTH 0r46'36" EAST CONTINUING ON SAID SOUTH BOUNDARY 20.05 FEET; 3) NORTH 87°55'16" WEST CONTINUING ON SAID SOUTH BOUNDARY AND ITS WESTERLY EXTENSION 1163.62 FEET TO THE INTERSECTION WITH A LINE LYING 3470.93 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST; THENCE NORTH 0r50'56" WEST ON SAID PARALLEL LINE 2966.71 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF AFOREMENTIONED COUNTY LINE ROAD (NW 215TH STREET); THENCE ON SAID NORTH RIGHT-OF-WAY LINE, THE FOLLOWING THREE (3) COURSES AND DISTANCES; 1) NORTH 87°46'37" EAST ON A LINE LYING 50.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34 FOR 6.02 FEET TO THE INTERSECTION WITH THE EAST LINE OF THE WEST 1/2 OF TRACT 11; 2) NORTH 0r50'56" WEST ON SAID EAST LINE 30.00 FEET TO THE INTERSECTION WITH A LINE LYING 20.00 FEET SOUTH AND PARALLEL WITH SAID NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 34; 3) NORTH 87°46'37" EAST ON SAID PARALLEL LINE 1464.13 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA, AND CONTAINING 3,851,999± SQUARE FEET (88.4297± ACRES). {38586366;3) Turnpike Release of Restrictive Covenant 15802-1018 and 17646-4363 EXHIBIT B - Previous Covenants: 15802-1018 mnoineim MntooycTioMs. COURTHOUSE TOWER 'LOCATION SKTSmSMMIU WflUTM . mwny ct-tuK. cttwvn 8S-.lS8021i;i018 • . DTTABRTTOM Or MBTPTCTtVg COUmi»«'P« KNOW ALL MBN BY THESE PRESENTS, that the under8i9nod, ^Ing the owner, or having some right, title or interest in the following described property (the "Property"), lying, being and situated in Dade County, Florida, to'witi SEE ATTACHED EXHIBIT "A" In order to assure the Board of County Commissioners of Dade County, Florida, that the representations made to it by the undersigned during consideration of Public Hearing Application No. 92-152, will be abided by, the undersigned vbluntarily makes the following peclaration of Restrictions covering and running with the Property I (1) auhstantlal aaeqydaBaa With Plan*. The Property shall be developed substantially in accordance with the spirit end intent of the site and landscape plans previously submitted, as prepared by Ludovici & Orange Consulting Engineers, Inc., entitled "Vista Verde Site Plan", dated August 17, 1992 on shMts 1,2, and 3, Septegtber 4, 1992 on sheets 4 and 5. (2) Park Site., The undersigned agrees to petition for. and support, the establishment of a special taxing district at the time of platting to maintain the park site (see Paragraph 1 above) which shall be improved and dedicated to Metropolitan Dade County (subject to the County's acceptance thereof) as- a conditipn of and prior to the issuance of the 200th building Prepared Byi Santiago SohesMBdia, Baq. Fine Jaocbsoa Sohearts Nasb t Block International Plaoe 100 8.B. Second Street, 35th Floor Kiasd., Florida 33131 8. S 8 e N « . M : n-. o • n mMaoiieTtQrai B—L'tWiatd courthouse . lOp^TioN TOWER CAMtHA offKATOM sfimf diwt, clfcutt i Off, REC!l5802Fi;i0i9 pexnit. In the event a special taxing district is not qreatedf n the perk site shall be maintained by a duly created honeowners association. ^ (3) Street Llohtine llainfapi>o> aii^eL«l . <rhe undersigned agrees to petition for and sup{>ort the establishment of the special taxing district at the tine of platting in order to provide for the maintenance of street lighting, and for graffiti removal on double frontage.walls. In the event that a special taxing district is not created, the street lighting and graffiti renoval shall be maintained by a duly created homeowners association« (4) ContributiQB to pada CountY Board. in order to help meet future public school needs generated 'by the application, the undersigned shall provide a voluntary contribu tion in the amount of $158,180.00. The total school contribution, as adjusted for cost-of-living changes shall be made in two installments. The first installment (50%), as adjusted for cbst-of-living changes, shall be made to the Dade County School Board as a condition of and prior to the issuance of the building permit for the first (1st) residential unit. The second installment, (50%), as adjusted for cost-of-living changes., shall be made to the bade County School Board as a condition of and prior to the issuance of the building permit for the two hundred and ninety-eighth (298th) residential, unit. All unpaid school contribution- installments shall be subject to cost-^of-liying adjustments pver. -2- mm , iPMOUCTtONSTtOW. , ^ A. - , \ cbuRTHOllSE TOWER @ gE:l5802ftl0Z0 tiaii* baglnnlno on. the day following public hearing approval of' the application and extending until the applicable inatallment ie paid to the Dade County School Boardv The atandard for determining coat of living ad^'uatmenta shall be the Fixed-Weighted Price Index for Groas Private Domeatic Fixed Investment, Non-Residential, ("Deflator") issued quarterly by the Bureau of Economic Analysis, U.S. Department of Commerce. The Deflator for the quarter of the year in which the • subject application is approved shall be taken ai the Basic Standard. Cost-of-living adjustments to school contribution installments which are due and payable shall be made by multiplying the applicable - installment by a fraction, the numerator of which shall be the New Deflator Figure (such figure being the Deflator figure for the quarter of the year in which the applicable installment is due and payable) and the denominator of which shall be the Basic Standard, and the result thus obtained shall be the installment to be paid by the under signed to the Dade County School Board. In the event the Owner receives an exemption from impact fees pursuant to Chapter 33B of the Code of Metropolitan Dads County, said exemption shall apply to this Paragraph. (5) impsot Fee Crsdit. Any monetary contributions or donations of land in lieu thereof referred to in this Declaration shall be credited against any Impact fee adopted after, approval of the application by the County only as specifically allOwisd by the express terms of the ordinance which enacted the impact fee. -3- ,;f Mipipw lytTtqww. ■iipwiy* 'in .■ ■ COURTHOUSE 7PHER C^»A,Of|WTO .'peMtT'anK.'OiKyt !!fel58O2?tl0Zl Any such crsdlta mnst bo applied for or requiaatod by tho underoigni^, its heirs, successors or assigns, as may be necessary, in accordance with the applicable impact fee oxrdinance. In the event that an impact fee ordinance or statute is enacted subsequent hereto regarding the school contribution addressed herein, the undersigned's responsibilities remaining aS' of the effective date' of such enactment shall be governed by the .applicable impact fee enactment rather than the terms hereof, with credit for fees or donations paid as noted above. . (6) Term of Declaration. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner', its successors and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the Public Records of Dade Cciunty, Florida and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, amended or released prior to the expiration as set forth in Paragraph 7 below, (7) Modification. The provisions of this instrument may be amended, added to, derogated, deleted, modified, or changed from time to time by a recorded instrument executed by the then owner or a majority of the owners of all of the Property, provided that such modification, amendment, or release is also approved by the Board of County Commissioners after public hearing. -4- . .'/ .• ! *■ :|IEytaOUCT|0N«. nwomWAKBifl COURTHOUSE Tower ,"•• • , tpcA'riiaH'! n CMCKAOriMTM K;1580Zrri022 Should thi* Doclaratlon b« so inodiflod, aaandaid, or rolaaaed, tha. Diractor of Metropolitan Dada, County Building and Zoning Dapartoant, or his aucceasor, shall forthwith exacuta a written instrument . effectuating and acknovledging such modification, amendment,- or release. n ~ (S> SntogflfaBt n Enforcement shall be by action at law or In equity or both against any parties, or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages or both. Tha prevailing party in tha action or suit shall be entitle^ to recover, in addition to costs and disbursements, allowed by law, such sum as the court may . adjudge to be reasonable for.tha services of his attorney. This enforcement provision shall be in addition to any other remedies available under the law. <9) PreauMptloa nf Compli*no«- When construction has . occurred on the Property or on any portion of the Property pursuant to a lawful permit issued by Dada County, and inspec tions made and approval of occupancy granted by Dade county, than such construction, inspections, and approval shall create a presumption that such construction is in compliance with this • Declaration. (10) inapantfoM. As further part of this Declaration it is hereby understood and agreed that any official inspector of the Dada County Building and Zoning. Department, or its agents, duly authorised, have the privilege at any tisM -during nprmal , working hours of entering and investigating the uSe of tha -5- mmmmm tONI. XUIID w ^ : . \ ^COURTHOUSE tOW^R nn " " LOUTION- ^* ' n C*Ml*A.Q«IIATOI ' • •-liPyivra.liiK; c>waHT■1^ JS;IS802N1023 v.». ' Propex^y to dotormlM whothar it conpllai with bulldliig and zoning ragulations and the coiiditibna heroin. (IX) liithbriiation to Mlthhald P««yife« mnA . In the event the Property la not developed as prtomiaed« or improveoienta are not made as pronized, in addition to any other- reatediea available the Dada County Building and Soning Departnent la- hereby authorized to Withhold any further pemlta and refuse any inspections or grant any approvals, until such tine as this Declaration is complied with. (12) coysBsnt Runniwp with T^«ni. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the Property and for the public welfare. This Declaration on the part of the owner shall constitute a covenant running with the land and shall be recorded in the public records of Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned, and its heirs, successors and assigns until such time as the-same is amdified and or released. Any references in this Declaration to' the undersigned shall include the undersigned's heirs, successors and assigns, as applicable. -6- •..r* '■'' •».i . . <i«ic)i>i.MAtio^ wAJwpr w n MfHOOOCTIWt.- . ; COURTHOUSE .LOCATION rf ikt ^iT CM4RA OftHATOH oifan ccw. ciUciin: QgM >•;' "/y'DBC-lft-igM 12119 PRQH TO 9i2i2r?eeer75s P.flS' B; 15803111024 (T3) StXlUMlltX. Invalidation of any of thesa covenants, by jud^mant or court, in no way shall affect any of the other previaiona of this inatrunent, which ahall remain In full force and effect. Signed, aealed, executed and acknowledged thia IT^ day of 1992. TKACKBRAY CORPORATION'test! Ddhaldaon,[ / /V 7 Secretary ri :» T-> ... m [SjEAL] ino^ta, Prea Ident By Martin Thackeray Corporation 20 Beat 53.rd Street Blghth floor New York, New York 10022 (Corporate Seal) ■-..♦•••.BTAT* OP COONTY OP s * T ' elN <r • ■ •4'\ ■■ O 1^ ® i . .: 5<..,v. Lum a I: s>. /% ▼ J * V / S, ^ T n The foregoing instrument was acknowledged' before' Jia this day of 1992 by Martin . Rabinowltz, onPrasident of Thackeray Corporation, ayDelaware corporation behalf of the corporation. He ia ( v oeraonallv known to me) or ( has produced . anon, ayi ia ( D( aa identification) (please check one) and did not take an oath. Hy eoninisalon expires! 13BRZ.18230 51222.0036 121592/l/bvc (M Name I Commi *W.JIANINEA NOMt bStM _lon No. I Notary Public -7- •TDTM.-P,B3 CbURTHOUSt TOWER il58Kftl025 ■nrzB'zc »*• . All of .'Section 32, Township 51 South, Range 41 Sast,lying North of the Northerly .Right-of-<Hay Line of. snake Creek Canal and Bast of a line that is 3470.93 feet Nest of and .parallel with, as measured at right angles to, the Bast line ofsaid Section 32, all lying and being in Dade County, Florida. LESS AND BXCEPTINQ THBREPRON THE FOLLOWING DESCRIBED PARCELS OF LANDt The Plat off "VISTA VERDE SECTKHf ONE", as recorded in Plat Book 92 at Page 45| the Plat of "VISTA. VERDB SECTION TWO", as' recorded in Plat Book 92 at Page 103; the Plat of "VISTA VERDE TONNHOUSB SECTION 'A'"^ as recorded in Plat Book 93 at Page 2} the Plat of "VISTA VERDE TOWNHOUSE SECTION 'B'", as recorded in Plat Book 93 at Page SS; the Plat of "VISTA VERDE TONNHOUSB 'SECTION 'C'",'aa recorded in Plat Book-94 at Page 33; the.Plat of "VISTA VERDE CLUSTERS UNIT ONE", as recorded in Plat B60k 106 at Page 19; the Plat of "VISTA VERDB CLUSTERS UNIT TWO", as recordMl in Plat Book 108 at Page 76; the Plat of "VISTA VERDB TOWNHOUSE SECTION 'E'", as recorded in Plat Book 94 at Page 69; all of the above mentioned Plats' recorded in the Public Records of Dade County, Florida. ALSO LESS AND EXCEPTING THEREFROMi The North 765.98 feet of the Bast 765.00 feet of Section 32, Township 51 South, Range 42^ East., Dade County, Florida^ U/ 135RL1823G 51222.0036121092/sle ■■Kwon M Off *cut *nsiM nM Of oam (ouNff, notiof. • MCOW VMIfim WUr/EY RUVIN. OMX. OKVr COMt .•fiN. ♦fr»—iV«. » ^7 I L.n'^oc? ^ r/f,i |!t-';TIH-^r \S:' " 7 \l<J /< («5)?) /A RU-1 &5»OS»<»''' ''W ' ' ^ . )uJ'>.'N «5*»>♦ f ♦>»/. // ^.• '' r. 1 . »! //-'^.■. I i . • »» e>u '• w)%•• If;i %^ \A V 'u.y;.k.l GU^ < a I W Ji i. i m '•OOAOf ♦ gw t 7 ■• r-*» ^ V 5.2 6/4/»i«LzJl r7L:s r"'Ut »«• •r»\ f»«t i . U: ^RLJ~1 ^ ^ L T ii - -7 :7-0' ' ' K/l AF» RE DLJCE13' Jr' CORP. 92 /52tj^*ftta «• M \'iror>y\ .r^- -.-?♦*!NORIH^ggg i.| I ; ;> r ^ , I I UJ ^ l! ..tT'• » .. — . . • .HmON'• '. .•AVv-r--JOOC13>Jy •«ehCMAcBSktCiLUU'■i-i■mi,rtucQ^KR.ftijV►-rr>T^an*. IJ[%#I«s<?6I>i, ^ 'V /«>t)-^'V^r'Vi■%i>II-■»-- *. r-T* -V •• * ■ * ' ^— - • ^ • -.^ k!r Jkrytti«.<z.* »i *■•Sb.ISMN^ *«■£- Turnpike Release of Restrictive Covenant 15802-1018 and 17646-4363 EXHIBIT "C- Previous Covenants: 17646-4363 SS;ir646fr43B3 Thil instrument prepared by; Name: Joseph G. Goldst^ Esquire Address: Greenbag, Traurig, Hofiinan. Lipoff^ Rosen & Quentel. PA. 1221 Brickell Avenue Miami, Florida 33131-3261 (Space reserved for Clerk of Court) 97R224^>16 1997 OAT 20 15:2^ MODIFICATION OF DECLARATION OF RESTRICTTVE COVENANTS RECORDED AT OFnClAL RECORDS BOOK 15802, PAGES 1QI&-102S. THIS ModificaUon of Declaration of Resuictive Covenants is made this jQ**day of l^hnifinr 19^ by ADESA-South Florida, LLC (the "Owner"), in favor of Metropoliuui Dade County, a f&litical subdivision of the State of Florida (the "County"). WHEREAS, the Owner holds fee simple title to certain property in Dade County, Rorida, which is particularly described in Exhibit "A" attached haeio and made a part hereof, hereinafter referred to as the "Property"; and WHEREAS, a Declaration of Restrictive CovexuuUa, which as modified, as described below, is hereinafter referred to as the "Declaration", in ftvor of Metropolitan Dade County, was recorded in the Public Records of Dade Courtfy in Official Records Book 15802, at Pages 1018-102S, which placed certain restrictions and conditions on the use of the Property; arxl WHEREAS, a public hearing was held before the Metropolitan Dade County Board of County Commissioners (the "Board") on December 5, 1996 at which hearing the following modifications of Paragraphs 1, 2, and 3 of the Declaration were approved by Dade County Resolution numbered Z- 166-96 FROM: (1) Substantial Accordance with Plans. The Property shall be developed substantially in accordwce with the spirit and intent of the site and landscape plans previou^y submitted, as prepared by Ludovici & Orange Consulting Engineers, Inc., entitled "Vista Verde Site Plu", dated August 17, 1992 on sheets 1,2, and 3, September 4, 1992 on sheets 4 and 5. r m SEJ; 17646114364 TO: (1) Substantial Accord^ce with PIhm The Property shall be developed substantiallyin accordance with the spirit and intent of the site and landscape plans previously submitted, as prepared by Ludovici & Orange Consulting Engineers, Inc., entitled "Visu Verde Site Plan" dated August 17, 1992 on sheets 1.2. and 3, September 4. 1992 on sheets 4 and 5, or if the PrODCftV is to be developed for an aiitn auction use the plans be auhatantially in aCCOrdMlCe with that submitted for the hearing entitled "South Florida Auto Auction" as preparivt by R. Ouinn Turner, consistina of 9 sheets dated stamped received 7/S/96 and plans entitled Landscanc Buffers and Entrance Feature" as prepared bv Nancv Butler & Assoc dated «/ni/0^ FROM: (2) Park Sitg- The undersigned agrees to petition for and support the establishment of a special taxing district at the time of platting to maintain the park site (see Paragraph 1 above) which shall be improved and dedicated to Metropolitan Dade County (suWect to the County's acceptance therraf) as a condition of and prior to the insurance of the 200 building permit. In the event a special taxing district is not created, the part site shall be maintained by a duly created homeowners association TO (2) If the DfODcrtv is to be developed as residential use in conformitv with the "VImh Vcrdc Sue. Flag" then the undersigned a^ees to p^ition for and support the establishment of a special taxing district at the time of platting to maintain the park site (see Paragraph 1 above) which shall be improved and dedicated to Metropolitan Dade County (suNect to the County's acceptance thereoO as a condition of and prior to the insurance of the 200 building permit. In the event a special taxing district is not created, the part site shall be maintained by a duly created homeowners association. FROM (3) Street Lighting M^ntenance .Special Tax District The undersigned agrees to petition for an support the establishment of the special taxing district at the time of platting in order to provide for the maintenance of street lighti^ and for graffiti removal on double frontage walls. In the event that a special taxing distract is not created, the street lighting and graffiti removal shall be maintained by a duly created homeowners association TO: (3) If the propcnv is to be developed as residential use in conformity with the "Vista Verde Site Plan." then the undersigned agrees to petition for an support the establishment of the special taxing district at the time of platting in order to provide for the maintenance of street lining, and for graffiti removal on double frontage walls. In the event that a special taxing distract is not created, the street lighting and graffiti removal shall be maintained by a duly created homeowners association 8S;l7646rr4365 NOW, THEREFORE, the parties agree as foUows; 1. Except as hereiq^ amended, all other restrictions in the Declaration shall remain in full force and effect 2. Paragraphs 1,2, and 3 of the Declaration hereby read as follows: (1) Substantial Accordyice with Plans The Properly shall be developed substantially in accordance with the spirit and intent of the site and landscape plans previously submitted, as prepared by lAidovici & Grange Consulting Engineers, Inc., entitled "Vista Verde Site Plan", dated August 17, 1992 on sheets 1,2, and 3, September 4, 1992 on sheets 4 and 5, or if the oroDertv is to be developed for an auto auction use, the plans be substantialiv in accordance with that submitted for the hearing entitled "South Florida Auto Auction" as prepared bv R. Ouinn Turner, consisting of 9 sheets dated stampdd received 7/5/96 and plans entitled "Landscape Buffers and Entrance Feature" as prepared bv Nancv Butler A Assoc dated 8/01/96 (2) If the prooertv is to be developed as residential use in conformitv with the "Vista Verde Site Plan." then the undersigned a^ees to petition for and support the establishment of a special taxing (hstrict at the time of platting to maintain the park site (see Paragraph I above) which shall be improved and dedicated to Metropolitan Dade County (suNect to the County's acceptance thereoO ss a condition of and prior to the insurance of the 20(r building permit. In the event a special taxing district is not created, the part site shall be maintained by a duly created homeowners association. (3) If the property is to be developed as residential use in conformitv with the "Vista Verde Site Plan." then the undersigned agrees to petition for an support the establishment of the special taxing district at the time of platting in order to provide for the maintenance of street lifting, and for graffiti removal on double frontage walls. In the event that a special taxing distract is not created, the street lighting and graffiti removal shall be maintained by a duly created homeowners association 8K;I764W4366 3. This Modification of Declaration of Restrictions shall take effect upon recordation of this instrument. IN WUNIESS WHEREOF, the undersigned have set its hand and seal thiajn^ day of kW .,199^ nL / PrintNaihe/y^,-//?^ V , PnnUrfUe: ^ESA-SOUTH FLORIDA. LLC. an Indiana limited Utility company By SOUTH FLORIDA AUTO AUCTION. INC . a Florida cc^iporation, as agent and authorized member -44ayle T Relicy. Pt^cQfenT STATE OF FLORIDA ) ) SS COUNTY OF ) I HEREBY certify that on this day. before me. a Notary Public authorized in the state and county named above to Udce acknowledgments, personally appeared Gayle T. Kelley. to me known to be the person described as President of South Florida Auto Auction, Inc.. who executed the foregoii^ instrument, and acknowledged before me that such person executed the said instrument in the name of and for that corporation, that as such corporate oflicer such persons are duly authorized by that corporation to do so; and that the foregoing instrument is the act of that corporation. ,. WITNESS my hand and official seal in the county and state named above this day of 'le. J . n .-Ui I. Julifuoii N'ui.v) cj iN •ulcorriondt CCJJ3I33 My Cotiunission Expaw ' j -eticu'oo S I-lflO-) HUTAltv VSf. PUBOT !!SBK8BBBSSm»rr2S^7:f75VP^^ Sf{;l7646fr4367 WWI f-rXiMENT OF MOniFir ATION OF DEr[.ARAT10N OF RESTRimONS The Director of the Dade County Department of Planning, Development and Regulation does hereby effectuate and acknowledge the atove Modification to the Declaration of Restrictive Covenants recorded in Official Records Book 1S802, at Pages I0I8-I02S WITNESSES DADE COUNTY DEPARTMENT OF PLANNING. DEVELOPMENT AI)ID REGULATION Name; \ iJf. Kwne: Guill Olmedilld, Director ) SS ) STATE OF FLORIDA COUNTY OF DADE The forgoing instrument was acknowledged before me this day of ^ n 199i by Guillermo Olmedillo, as Director of tire Dade County Department of Planning. Q^elopment and Regulation He personally appeared before me, is personally known to me or produced as identification, and [did] [diid not] take an oath Notary: _ f Name: M. oc, Notary Public, State of Florida My commission^cxpiiies: )» AM.Tfl M HkRASA MtTTAKY fLBI.IC STATl Of FL COMMISSION NO. CC4U7S0 MY COMMISSION EXP. APR. HjORIo4 447SO I HARVEY RUVIN CiERtK aHCU\y COURT Prepared by and return to: Susanne Zabloudil, Esq. AkennanLLP Three Brickell City Centre 98 Southeast Seventh Street Miami, FL 33131 RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS THIS RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS ("Release") is made effective this iJfi day of iWi] , 20/7, by MANHEIM REMARKETING, INC., a Delaware corporation, ("Owner"), and the CITY OF MIAMI GARDENS, a political subdivision of the State of Florida (hereinafter, "Miami Gardens"). RECITALS WHEREAS, Owner holds fee simple title to certain property located in the Miami Gardens, more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Propertv"): and WHEREAS, Miami Gardens, as successor to Miami-Dade County, a political subdivision of the State of Florida, is the beneficiary of various covenants running with the land (the "Development Restrictions"), which Development Restrictions affect the Property; and WHEREAS, on December 17, 1992, Thackeray Corporation, and thereafter on February 20, 1997, ADESA-South Florida, LLC, predecessors in interest to Owner in the Property, recorded a Declaration of Restrictive Covenants in Official Records Book 15802, Page 1018, as modified by Modification of Declaration of Restrictive Covenants recorded in Official Records Book 17646, Page 4363, both of the Public Records of Miami-Dade County, Florida (collectively the "Declaration"): and WHEREAS, the Declaration includes the following covenants and restrictions on the Property: (i) street light maintenance; (ii) special taxing provisions; (iii) certain School Board contributions; and (v) an Impact Fee Credit; and WHEREAS, the purposes for which the Declaration was recorded are no longer applicable to the Property and Miami Gardens has determined that the Development Restrictions should no longer apply to the Property; and WHEREAS, the Owner and Miami Gardens wish to release the Declaration as to the Property so that the Declaration shall be of no further force and effect; and WHEREAS, this Release was considered and approved by the Miami Gardens Commission at its meeting of tyxi" { 2L 20 (7, by Resolution No. 2o\~? - {38586366:3} NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Owner and Miami Gardens hereby agree as follows: 1. Release. Pursuant to this Release, after approval by the Miami Gardens Commission, as memorialized through Resolution No. -gj -i/(g?the Property is hereby released from the Declaration and all restrictions and encumbrances contained therein and the Declaration is of no further force or effect. 2. Restriction. No residential use and no auto auction use, as those uses were previously contemplated for the Property, shall be permitted on the Property hereafter, unless the restriction herein is modified in writing by the Director of Development Services or his/her assign or successor. 3. Recording. This Release shall be recorded in the public records of Miami-Dade County, Florida, at Owner's expense and a certified copy hereof shall be delivered to the Zoning Administrator of Miami Gardens within thirty (30) days after the date of recording. \The remainder of the page is blank; signatures follow.] {38586366;3} IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals effective as of the date first above written. Signed, sealed and delivered in the presence of: "Owner" WITNESSES:MANHEIM REMARKETING, INC., a Delaware corporation Print ShtLVtn In-Qj Prin^ame: -C<xA I^JpctJuvA Name: Title: Amber N. Hall Asst. Secretary STATE OF COUNTY OF '/Ih day of The foregoing instrument was ^ecuted, acknoWedged and delivered before me this JjIt was executed, acknovdedged _,20 ,bv as behalf of Manheim Remarketing, Inc. a Delaware corporation, who is [V^l personally kno^n to me or who produced C" Name:SANDRALGORDON Notary Public, State of mpTARY PUBLIC My Commission Numbeg^^-yg Qp QgppRlA My Commission fjl^l^isSION EXPIRES 01M9/2018 (NOTARY SEAL) V. ' ^ . I 1 n i : {38586445;2) I » Approved as to Form and Correctne By: City Attorney Approved: Director of Development Services Approved: Director of Public Works {38586445;2} EXHIBIT A THE PROPERTY PARCEL I: THE WEST ONE-HALF OF TRACT 11, ALL OF TRACTS 12 THROUGH 20, AND THE WEST ONE-HALF OF TRACT 21, OF EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION OF SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST; ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2 PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS THE NORTH 30.00 FEETOFTRACTS 11, 12, AND 13; AND LESS THE WEST 25.00 FEET OF TRACTS 13, 14, 15, 16 AND 17 AND THAT PORTION OF TRACT 18 LYING IN THE EXTENDED RIGHT-OF-WAY OF NORTHWEST 47TH AVENUE. AND LESS AND EXCEPT ANY PORTION LYING WITHIN THE SNAKE CREEK CANAL. PARCEL II ALL OF SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, LYING NORTH OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE SNAKE CREEK CANAL, AND EAST OF A UNE THAT IS 3470.93 FEET WEST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF SAID SECHON 32 ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCELS OF LAND: THE PLAT OF "VISTA VERDE SECTION ONE," AS RECORDED IN PLAT BOOK 92, AT PAGE 45; THE PLAT OF VISTA VERDE SECTION TWO, AS RECORDED IN PLAT BOOK 92, AT PAGE 103; THE PLAT OF VISTA VERDE TOWNHOUSE SECTION "A", AS RECORDED IN PLAT BOOK 93, AT PAGE 2; THE PLAT OF VISTA VERDE TOWNHOUSE SECTION "B", AS RECORDED IN PLAT BOOK 93, AT PAGE 58; THE PLAT OF VISTA VERDE TOWNHOUSE SECTION "C", AS RECORDED IN PLAT BOOK 94, AT PAGE 33; THE PLAT OF VISTA VERDE CLUSTERS UNIT ONE, AS RECORDED IN PLAT BOOK 106, AT PAGE 19; THE PLAT OF VISTA VERDE CLUSTERS UNIT TWO, AS RECORDED IN PLAT BOOK 108, AT PAGE 76; THE PLAT OF VISTA VERDE TOWNHOUSE SECTION "E", AS RECORDED IN PLAT BOOK 94, AT PAGE 69; ALL OF THE ABOVE MENTIONED PLATS RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ALSO LESS AND EXCEPTING THEREFROM: THE NORTH 765.98 FEET OF THE EAST 765.00 FEET OF SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA. {38586445;2} CFN: 20170342481 BOOK 30576 PAGE 4163 DATE:06/16/2017 11:48:05 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CP) RESOLUTION NO. 2017-82-3187 A RESOLUTION OF THE CITY COUNCIL OF THE CfTY OF MIAMI GARDENS, FLORIDA. AUTHORIZING THE RELEASE OF THAT CERTAIN DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN OFFICIAL RECORDS BOOK 15802 AT PAGE 1018, AS MODIFIED BY THAT CERTAIN DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN OFFICIAL RECORDS BOOK 17646 AT PAGE 4363; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS: PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 18, 1992, Thackeray Corporation recorded a Declaration of Restrictive Covenants in the Official Records Book 15802 at Page 1018, pertaining to certain restrictions and conditions of approval for a razoning from RU-1 (Single Family Residential) and RU-TH (Townhouse) to RU-1Z (Zero-lot-line Development Single Family Residential), in order to construct five hundred ninety-four (594) residential dwelling units on property located south of NW 215th Street, east of NW 47th Avenue, and west of the Vista Verde neighborhood, and WHEREAS, on February 20, 1997, the Declaration was later modified by Modification of Declaration of Restrictive Covenants recorded in Official Records Book 17646 at Page 4363, executed, by ADESA-South Florida, LLC, which added a provision for development of an auto auction use as an alternative to residential development, and WHEREAS, neither the residential use nor the auto auction use has ever been developed and the land remains vacant to date, and WHEREAS, MG East, LLC ("Applicant"), is now the owner of the sulyect property and wishes to develop a light industrial warehouse distribution center on the site, and WHEREAS, the recorded Covenants are no longer relevant for the desired use, and CFN: 20170342481 BOOK 30576 PAGE 4164 WHEREAS, as the City of Miami Gardens is the successor to Miami-Dada County, the Applicant requests the City Council consent to the release of the prior recorded Covenants In order to facilitate the light industrial project, and WHEREAS, City staff Is recommending that the City Council agree to authorize the release of the aforementioned Declarations of Restrictive Covenants, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS; Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the release of that certain Dedaration of Restrictive Covenants recorded in Official Records Book 15802 at Page 1018, as modified by that certain Declaration of Restrictive Covenants recorded in Official Records Book 17646 at F*age 4363 in the official records of Miami-Dade County. Section 3: EFFECTIVE DATE: This Resolution shall take effect Immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING-HM ON APRIL 26,2017.APRII OLIVER GILBERT, III, MAYOR ATTEST: 'mI^, CITYRONETTA TAYLOR, MMC. CITY CLERK Resolution No. 2017-82-3187 CFN; 20170342481 BOOK 30576 PAGE 4165 PREPARED BY: SONJA KNIGHTON DICKENS. CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON. CITY MANAGER Moved by: A Seconded by: VOTE: Mayor Oliver Gilbert, III (Yes) (No)/yYl' Vice Mayor Erhabor Ighcdaro. Ph.D. (Yes) (No) Councllwoman Lisa C. Davis (Yes) (No) Councilman Rodney Harris 3 (Yes) (No) Councilwoman Lillie Q. Odom ^ (Yes) (No) Councilwoman Felicia Robinson (Yes) (No) Councilman David Williams Jr (Yes) (No) Resolution No. 2017-82-3187 CFN: 20170342481 BOOK 30576 PAGE 4166 Prepared by and return to; Susarme Zabloudi!, Esq. AkermanLLP Three Brickell Chy Centre 98 Southeast Seventh Street Miami, FL 33131 RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS THIS RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS ("Release"') is made effective this It? day of , 20 / 7, by MANHEIM REMARKETE^IG, INC., a Delaware corporation, ("Owner""), and the CITY OF MIAMI GARDENS, apolitical subdivision of the State of Florida (hereinafter, "Miami Gardens"). RECITALS WHEREAS, Owner holds fee simple title to certain property located in the Miami Gardens, more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Property"'): and WHEREAS, Miami Gardens, as successor to Miami-Dade County, a political subdivision of the State of Florida, is the beneficiary of various covenants running with the land (the "Development Restrictions'"), which Development Restrictions affect the Property; and WHEREAS, on December 17, 1992, Thackeray Corporation, and thereafter on February 20, 1997, ADESA-South Florida, LLC, predecessors in interest to Owner in the Property, recorded a Declaration of Restrictive Covenants in Official Records Book 15802, Page 1018, as modified by Modification of Declaration of Restrictive Covenants recorded in Official Records Book 17646, Page 4363, both of the Public Records of Miami-Dade County, Florida (collectively the "Declaration""): and WHEREAS, the Declaration includes the following covenants and restrictions on the Property: (i) street light maintenance; (ii) special taxing provisions; (iii) certain School Board contributions; and (v) an Impact Fee Credit; and WHEREAS, the purposes for which the Declaration was recorded are no longer applicable to the Property and Miami Gardens has determined that the Development Restrictions should no longer apply to the Property; and WHEREAS, the Owner and Miami Gardens wish to release the Declaration as to the Property so that the Declaration shall be of no further force and effect; and WHEREAS, this Release was considered and approved by the Miami Gardens Commission at its meeting of Ci^urfl 26? 20 t'y, by Resolution No. Zo\~? - {38586366;3} CFN: 20170342481 BOOK 30576 PAGE 4167 NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby aclcnowledged, Owner and Miami Gardens hereby agree as follows: 1. Release. Pursuant to this Release, after approval by the Miami Gardens Commission, as memorialized through Resolution No. -8di Property is hereby released from the Declaration and all restrictions and encumbrances contained therein and the Declaration is of no further force or effect. 2. Restriction. No residential use and no auto auction use, as those uses were previously contemplated for the Property, shall be permitted on the Property hereafter, unless the restriction herein is modified in writing by the Director of Development Services or his/her assign or successor. 3. Recording. This Release shall be recorded in the public records of Miami-Dade County, Florida, at Owner's expense and a certified copy hereof shall be delivered to the Zoning Administrator of Miami Gardens within thirty (30) days after the date of recording. [The remainder of the page is blank; signatures follow.] {38586366;3) CFN: 20170342481 BOOK 30576 PAGE 4168 IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals effective as of the date first above written. Signed, sealed and delivered in the presence of: "Owner" WITNESSES:MANHEIM REMARKETING, INC., a Delaware corporation Print"le: Shkron yith4< rgJ Prin^ame: (?JaaJ«;vA ijame: Title: Amber N. Hall AssL Secretary STATE OF COUNTY OF The foregping instrument was executed, acknov^edged and delivered beforejne this / A /MfrV n by ^behalf of Manheim Remarketing, Inc. a Delaware corporation, who is 1^1 personally kno^n to tificatime or who [ ] produced as identification. Name:SANDRA160RD0W-Notary Public, State of ;>iOTWY PUBLIC My Commission (NOTARY SEAL) {38586445^} CFN; 20170342481 BOOK 30576 PAGE 4169 Approved as to Form and Correctmess; By: City Attorney Approved Director of Development Services Approved: Director of Public Works {38586445,2} CFN: 20170342481 BOOK 30576 PAGE 4170 EXHIBIT A THE PROPERTY PARCEL I; THE WEST ONE-HALF OF TRACT 11, ALL OF "n^CTS 12 THROUGH 20, AND THE WEST ONE-HALF OF TPACr 21, OF EVERGLADES SUGAR AND LAND COMPANVS SUBDIVISION OF SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST; ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS THE NORTH 30.00 FEET OF TRACTS 11, 12, AND 13; AND LESS THE WEST 25.00 FEET OF TRACTS 13, 14, 15, 16 AND 17 AND THAT PORTION OF TRACT 18 LYING IN THE EXTENDED RIGHT-OF-WAY OF NORTHWEST 47TH AVENUE. AND LESS AND EXCEPT ANY PORTION LYING WITHIN THE SNAKE CREEK CANAL. PARCEL II ALL OF SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, LYING NORTH OF THE NORTHERLY RIGHT-OF-WAY UNE OF THE SNAKE CREEK CANAL, AND EAST OF A UNE THAT IS 3470.93 FEET WEST OF AND PARALLEL WTTH, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF SAID SECTION 32, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCELS OF LAND: THE PLAT OF "VISTA VERDE SECTION ONE," AS RECORDED IN PLAT BOOK 92, AT PAGE 45; THE PLAT OF VISTA VERDE SECTION TWO, AS RECORDED IN PLAT BOOK 92, AT PAGE 103; THE PLAT OF VISTA VERDE TOWNHOUSE SECTION "A", AS RECORDED IN PLAT BOOK 93, AT PAGE 2; THE PLAT OF VISTA VERDE TOWNHOUSE SECTION "B", AS RECORDED IN PLAT BOOK 93, AT PAGE 58; THE PLAT OF VISTA VERDE TOWNHOUSE SECTION "C", AS RECORDED IN PLAT BOOK 94, AT PAGE 33; THE PLAT OF VISTA VERDE CLUSTERS UNTT ONE, AS RECORDED IN PLAT BOOK 106, AT PAGE 19; THE PIAT OF VISTA VERDE CLUSTERS UNIT TWO, AS RECORDED IN PLAT BOOK 108, AT PAGE 76; THE PAT OF VISTA VERDE TOWNHOUSE SECTION "E", AS RECORDED IN PAT BOOK 94, AT PAGE 69; ALL OF THE ABOVE MENHONED PATS RECORDED IN THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ALSO LESS AND EXCEPTING THEREFROM: THE NORTH 765.98 FEET OF THE EAST 765.00 FEET OF SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA. {38586445;2}