Encroachment Agreements, Restrictive Covenants, & Unities of Title.

Instructions for Completing and Submitting Restrictive Covenants & Unities of Title 
Recording Requirements Compliance With Florida Statutes Section 695.26(1)

IMPORTANT NOTE: To avoid delays in the review and approval of your submitted restrictive covenants and/or unities of title, please carefully read and follow these instructions:

1. Release of Restrictive Covenants Relating to Sidewalks:  The Release of Restrictive Covenant must be  fully completed, properly witnessed, and notarized. The legal description must be accurate and must include the appropriate Plat Book and page number. It is the property owner’s responsibility to record the Release of Restrictive Covenant with the Miami-Dade County Clerk of Courts.

Sidewalk Covenant Release

2. Property Owner's Encroachment & Restrictive Covenant Agreement: The Property Owner's Encroachment & Restrictive Covenant Agreement should be completed and submitted in scenarios where an owner of real property (commercial or residential) seeks to place, construct, install, and/or maintain some form of an encroachment (e.g. brick pavers, a sign, landscaping, etc.) upon the City's right-of-way, sidewalk, swale, alley, or other such right-of-way.

3. Landlord/Tenant Encroachment & Restrictive Covenant Agreement: The Landlord/Tenant Encroachment & Restrictive Covenant Agreement should be completed and submitted in scenarios where a Tenant (commercial or residential) seeks to place, construct, install, and/or maintain some form of an encroachment (e.g. brick pavers, a sign, landscaping, etc.) upon the City's right-of-way, sidewalk, swale, alley, or other such right-of-way. Please note, however, that the Tenant must secure the agreement of the Landlord/Property Owner for the encroachment and the Agreement must be executed by both the Tenant and the Landlord/Property Owner.

4. General Restrictive Covenant: The General Restrictive Covenant should be utilized in scenarios where a property owner is required to place a restrictive covenant on a property in order to secure approval for an improvement to the property. Please note that if the improvement encroaches into the City right-of-way, then one of the above encroachment agreements should be submitted as opposed to the General Restrictive Covenant Agreement.

5. Remote Parking Declaration of Restrictive Covenant: Pursuant to Article 5, Division 14, Section 5-1408(B) of the City of Coral Gables' Zoning Code, as an alternative to or in conjunction with providing required parking onsite Property Owners may utilize remote or off-site parking to meet the off street parking requirements of the Zoning Code for an expansion or change in use of an existing project. One of the required components for an application to use remote parking to meet the parking requirements for such a project is the completion and submission of the below Remote Parking Declaration of Restrictive Covenant by the Property Owner:

Authority Related Documents

The below agreements are to be used in scenarios where there may be issues or concerns related to the legal authority of an individual or entity that submits or wants to submit a restrictive covenant, permit application, or other real property related legal instrument for a particular property. Some examples of typical scenarios where the below agreements may be necessary include when the property owner is a foreign corporation or the property owner authorizes a representative to execute and submit legal documents because the property owner lives outside of the U.S. or is otherwise unavailable.

1. Proof of Ownership Indemnification Agreement: The Proof of Ownership Indemnification Agreement may be completed and submitted as proof of ownership where the real property at issue was the subject of a recent sale and the original deed reflecting the new ownership has yet to be recorded by the Miami-Dade County Property Appraiser’s Office. In addition to submitting this Agreement, please submit a copy of the unrecorded deed, the bill of sale, and/or the settlement statement for the sale. Additionally, please note that this Agreement must be properly notarized to be legally sufficient.

Proof of Ownership Indemnification Agreement

2. Owner's Representative Indemnification Agreement for Restrictive Covenants, Permit Applications, & Other Real Property Related Instruments: This Agreement should be completed and submitted where a Property Owner grants a third party the authority to execute and submit restrictive covenants, permit applications, and other legal instruments on behalf of the Property Owner. Please note that the individual who executes the Agreement must have the legal authority to do so. Additionally, the execution must be witnessed and notarized.

Owner's Representative Indemnification Agreement for Restrictive Covenants

3. Corporate Entity Indemnification Agreement for Restrictive Covenants, Permit Applications, & Other Real Property Related Instruments:  This Agreement should be completed and submitted where the Property Owner is a corporate entity (e.g. a corporation, partnership, LLC, etc.). Please note that the individual who executes the Agreement must have the legal authority to do so. Additionally, the execution must be witnessed and notarized.

Corporate Entity Indemnification Agreement for Restrictive Covenants

4. Heirs of Deceased Property Owner's Indemnification Agreement for Restrictive Covenants, Permit Applications, & Other Real Property Related Instruments: This Agreement may be completed and submitted where a deceased property owner's heirs seek to submit restrictive covenants, permit application, or other real property related instruments on behalf of the deceased property owner. Please note that: 1.) the individual who executes the Agreement must have the legal authority to do so; 2) the execution must be witnessed and notarized; and 3.) a copy of the official death certificate for the deceased property owner as well as a notarized letter outlining your relationship to the deceased property owner and explaining your lawful authority to act on behalf of the deceased property owner must also be submitted. Moreover, there cannot be any pending bankruptcy or probate matters related to the property at issue or the deceased property owner's Estate.

Heirs of Deceased Property Owner's Indemnification Agreement

Crane Encroachment Agreements.

1. City Owned Property Crane Agreement: The City Owned Property Crane Agreement should be completed and submitted in scenarios where the General Contractor and Crane Contractor seek to place a crane on City-owned property (e.g. City right-of-way, swale, sidewalk, etc.). This Agreement must be executed by the General Contractor, the Crane Contractor, and the City.

2. Private Property Crane Agreement: The Private Property Owner Crane Encroachment Agreement should be completed and submitted in scenarios where a Private Property Owner seeks to place a crane and that crane may extend over a City right-of-way (e.g. a swale, street, sidewalk, etc.). Please note that this Agreement must be executed by the General Contractor, the Crane Contractor, the City, and the Private Property Owner.

Unities of Title

Why do I have to submit a unity of title?

Because it is required under the Zoning Code. More specifically, in relevant part Article 5, Division 23, Section 5-2302(A) of the City of Coral Gables’ Zoning Code provides as follows:

As a prerequisite to the issuance of a building permit, the owner(s) in fee simple title shall submit a Unity of Title in recordable form to the Building and Zoning Department providing that all of the property encompassing the parcel proposed for development upon which the building and appurtenances are to be located shall be held together as one (1) tract of land and providing that no part or parcel shall be conveyed or mortgaged separate and apart from the parcel proposed for development . . .  whenever the parcel proposed for development consists of more than one (1) lot or parcel and the main building is located on one (1) lot or parcel and accessory buildings or structures are located on the remaining lot or parcel comprising the parcel proposed for development . . . Whenever the parcel proposed for development consists of more than one (1) lot or parcel and the main building is located on one (1) or more of the lots or parcels and the remaining lots or parcels encompassing the parcel proposed for development are required to meet the minimum standards of these regulations . . .[or] Whenever a parcel proposed for development in any residential district consists of more than one (1) platted lot.
City of Coral Gables’ Zoning Code, Art. 5, Div. 23 § 5-2302(A).

Thus, a Unity of Title is generally required where a property owner submits a permit application and the property in question consists of more than one lot; however, please note that there are other circumstances where a unity of title is required pursuant to the City's Zoning Code. See id. Moreover, please note that Article 5, Division 23, Section 5-2302(B) of the City of Coral Gables’ Zoning Code provides that a “[u]nity of Title shall be subject to review and approval by the City Attorney as to form and content, together with any additional necessary legal instruments to preserve the intent of these regulations and to properly enforce these regulations and Code of Ordinances and shall be signed and joined by all mortgage holders.” City of Coral Gables Zoning Code, Art. 5, Div. 23, § 5-2302(B). Additionally, please be advised that Article 5, Division 23, Section 5-2302(C) provides that "[a]ny Unity of Title required by this section shall not be released except upon approval by resolution passed and adopted by the City Commission and executed by the City Manager and City Clerk." City of Coral Gables Zoning Code, Art. 5, Div. 23, § 5-2302(C).

Declaration of Restrictive Covenant In Lieu of A Unity of Title

Article 5, Division 23, Section 5-2303(A) of the City of Coral Gables’ Zoning establishes the parameters and requirements for a Declaration of Restrictive Covenant In Lieu of A Unity of Title. More specifically, it states:

In the case of separate but contiguous and abutting parcels proposed for development located in Commercial or Industrial Districts owned by one (1) separate or multiple owners wishing to use said property as one (1) parcel, the Building and Zoning Director may approve a Declaration of Restrictive Covenant in Lieu of a Unity of Title together with a Reciprocal Easement and Operating Agreement approved for legal form and sufficiency by the City Attorney. The Declaration of Restrictive Covenant shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees and lessees and others presently or in the future having any interest in the property. In such instances, the property owner(s) shall agree that in the event that ownership of the subject properties comes under a single ownership, the applicants, successors and assigns, shall file a Declaration of Restrictive Covenant covering the subject properties.

City of Coral Gables’ Zoning Code, Art. 5, Div. 23, § 5-2303(A). Article 5, Division 23, Section 5-2303(B) further provides that a Declaration of Restrictive Covenant In Lieu of A Unity of Title must contain the following:

1.) A record of the existing height, existing size and site conditions, to include both plan and photographic evidence;

2.) Provisions by which the Property Owner(s) agree to develop, maintain and operate the property as a single building site; and

3.) Provisions by which the Property Owner(s) agree to develop individual building sites within the subject property in accordance with the provisions of the City’s Comprehensive Plan and [Zoning Code’s] regulations.

Id. at § 2305(B).

Restrictive Covenant in Lieu of a Unity of Title

Insurance Requirements for Encroachment Agreements & Restrictive Covenants

IMPORTANT NOTE: Insurance related issues and determinations involving encroachment agreements and restrictive covenants are resolved by the City's Risk Management Division not the City Attorney's Office. Moreover, please note that the below Insurance Compliance Cover Sheet must be submitted, in accordance with the instructions therein, when seeking insurance compliance approval related to encroachment agreements and/or restrictive covenants.

Insurance Compliance Cover Sheet and Instructions

Miscellaneous Documents & Template Agreements

Hold Harmless Agreement Foundation Permit 

Hold Harmless Agreement Vertical Construction

Restrictive Covenant for Sidewalk Postponement

Declaration of Restrictive Covenant Historic Preservation Property Tax Exemption

Successor In Interest Bond Acceptance Indemnification Agreement

Generic Indemnification Agreement for Refunds

Impact Fees Refund Application

Art in Public Places Application & Instructions

Release and Indemnification for Quasi-Judicial Virtual Hearings