Partial Release Agreement
This instrument prepared by or under the supervision of:
(Space Reserved for Clerk of Court)
Name:
Address:
Joel K. Goldman, Esq.
Greenberg Traurig, P.A.
1221 Brickell Avenue
Miami, Florida 33131
PARTIAL RELEASE AGREEMENT
This Partial Release Agreement is entered into this 7 day of,ytl IY Iff ,2005 by
the City of Miami Beach, Florida, a Florida municipal corporation (the "City"), The Miami
Beach Redevelopment Agency, a Florida public agency organized and existing pursuant to
the Community Redevelopment Act of 1969, Chapter 163, Part III, Florida Statutes, as
amended (the "Redevelopment Agency") and Miami Beach Marina Associates, Ltd., a
Florida limited partnership (the "Marina Lessee").
RECITALS
WHEREAS, West Side Partners, Ltd., a Florida limited partnership ("West Side"),
Sun & Fun, Inc" a Florida corporation ("S&F"), Beachwalk Development Corporation, a
Florida corporation ("Beachwalk"), East Coastline Development, Ltd., a Florida limited
partnership ("East Coastline"), Azure Coast Development, Ltd., a Florida limited
partnership ("Azure"), the City and the Redevelopment Agency entered into that certain
Parking License dated as of May 24, 1999 (the "Parking License");
WHEREAS, the Redevelopment Agency, the City and the Marina Lessee entered
into that certain Parking Sublicense dated as of May 24, 1999 (the "Parking Sublicense");
WHEREAS, Murano Two, Ltd., a Florida limited partnership ("Murano Two"),
Murano Three, Ltd., a Florida limited partnership ("Murano Two"), S&F, Beachwalk,
Azure and ECD entered into that certain Parking Covenant dated as of June 4, 2001,
recorded in Official Records Book 19699, Page 1456 of the Public Records of Miami-Dade
County and re-recorded in Official Records Book 19954, Page 4474 of the Public Records
of Miami-Dade County (the "Parking Covenant"); .
WHEREAS, Murano Two, Murano Three, S&F, Beachwalk, Azure, ECD,
Sandpoint Financial, Ltd., a Florida limited partnership ("Sandpoint"), the City, the
Redevelopment Agency and the Marina Lessee entered into that certain Supplemental
Agreement dated as of October 12,2001 and recorded in Official Records Book 19954,
Page 4518 of the Public Records of Miami- Dade County (the "Supplemental Agreement"
and together with the Parking License, the Parking Sublicense and the Parking Covenant,
the "Parking Agreements"). Initially capitalized terms used herein and not otherwise
defined shall have the meanings set forth in the Supplemental Agreement;
WHEREAS, the Supplemental Agreement, among other things, amended the terms
of the Parking License, the Parking Sublicense and the Parking Covenant;
WHEREAS, TRG-Alaska I, Ltd., a Florida limited partnership (the "Owner") is the
owner, of the "Goodman Terrace Parcel", which is more particularly described on Exhibit
"A" attached hereto, and the "Hinson Parcel" which is more particularly described on
Exhibit "B" attached hereto;
WHEREAS, pursuant to the Supplemental Agreement, certain portions of the
Goodman Terrace Parcel and the Hinson Parcel are to be released from the Parking
Agreements upon the satisfaction of certain conditions;
WHEREAS, as of the date hereof, all of the conditions relating to the release of the
Goodman Terrace Parcel, other than that portion of the Goodman Terrace Parcel
comprising the accessway described on Exhibit "J" attached to the Supplemental
Agreement (the "Accessway"), and the Hinson Parcel, other than that portion of the Hinson
Parcel comprising the Accessway, have either been met by the Owner or waived by the
City, the Redevelopment Agency and the Marina Lessee; and
WHEREAS, the parties desire to enter into this Release Agreement for the purpose
of releasing certain portions of the Goodman Terrace Parcel and the Hinson Parcel from the
Parking License, the Parking Sublicense, the Parking Covenant and the Supplemental
Agreement as more particularly set forth below.
NOW THEREFORE, in consideration ofTen and Noll 00 Dollars ($10.00) and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City, the Redevelopment Agency and the Marina Lessee hereby agree
as follows:
I. The foregoing recitals are true and correct and are incorporated herein as if
repeated at length.
2. The Goodman Terrace Parcel, other than that portion of the Goodman
Terrace Parcel comprising the Accessway, is released from all obligations under the
Parking Agreements.
3. The Hinson Parcel, other than that portion of the Hinson Parcel comprising
the Accessway, is released from all obligations under the Parking Agreements.
4. This Partial Release Agreement will be construed and interpreted in
accordance with the laws of the State of Florida.
5. This Partial Release Agreement may be executed in multiple copies, each of
which will be deemed an original.
[The remainder of this page is intentionally left blank. Signature pages follow.)
2 of 7
IN WITNESS WHEREOF, the City, the Redevelopment A,.$ency and the Marina
Lessee have hereunto set their hands and seals as of the '71t..day 1 Tv '(;;;;", 2005.
,
Witnessed by:
ctWA "~
Pri - Name: 'Jj "_m __ fl fJ
q}~~/lJ~
rint Name: fA It' - l' eP-f
a mum
a . David Dermer
Title: Mayor
By:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoingr\I?st~ment was acknowledged before me this ~ day of ~ ,
2005, by ~ ~i' )1t~ of the City of Miami Beach, a muhicipal
corporation, on behalf of said municipal corporation. He is personallt known to me or
produced as identification. l~~
Name. y y e y 11 ~ H d 'P 2-
Notary Public, State of Florida
Commission No. i) D liS- 'I'll
My commis .
"'~~f.t~'ft'"., KERRY HERNANDEZ
it ~~ MY COMMISSION # DD 17S491
~~'.'"".~f EXPIRES: May 3, 2007
';1.;,9f.:~~""" Bondsd Thru NOlary Public Undervm!ers
[Notarial Seal]
APPROVED AS TO FORM
& LANGUAGE & FOR
EXECUTION
!/l~
City Attorney fil4-
$--IG...o(
Date
3 of 7
&~~~
~~'ofJ
ame
By:
a e: David Dermer
Title: Chairman
ST A TE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this '1!! day of~ ,
2005, byJJ".;:;~'ps (!l.ta_iA~ of The Miami Beach Redevelopment J<gency, a
public agency organized and existing pursuant to the Community Redevelopment Act of
1969, Chapter 163, Part III, Florida Statutes, as amended on behalf of said public agency.
Hefshe is 2ersonally known to me or produced as identification.
/
Myco
. .'''''' ex nRr HERNANDEZ ;]
[*~. "~;~ M-PCOMMISSION j/ DD 175491
~'" _~?!// EXPIRES: May 3, 2007
";~f, ;'F' i;~~.,~' Bonded Thru Notary Pub:jc Und;..~[wrjters
'11111'-
.o~
[Notarial Seal]
APPROVED AS TO FORM
& LANGUAGE & FOR
EXECUTION
1!L~ncy
General Counsel ~
$"-16 -(j ~
Date
4 of 7
P()
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
MIAMI BEACH MARINA
ASSOCIATES, LTD., a Florida
limited partnership
By: SoBe Marine, Inc., a Florida
corporation, . s general partner
The foregoing instrument was acknowledged before me this ) 5 day of Mf4L
2005, by Robert W. Christoph as President of SoBe Marine, Inc., a Florida corporation,
which is the general partner of Miami Beach Marina Associates, Ltd., a Florida limited
partnership, on behalf of corporation and the partnership. He is personally known to me or
produced t>f.\\8$ L\ C-eNGC as identification.
My commission expires:
Ju L,--\ \11 100 5.
.
5 of?
-~~~
Name: NB8.sf-\1\ mM-t-flcrl-A'J
Notary Public, State of Florida
Commission No. t) () 0 4-2 ~(, ~
(I). .., MYCOMMISSI:042e88
.' EXPIRES: July f r. 2<lO6
.~. IlondId nwu NoIwy I'lMc ~
Exhibit "A"
Goodman Terrace Parcel
Part of Northwest quarter of Section 10, Township 54 South, Range 42 East, described as
follows:
Begin in the North line of Section 10, which line is also South line of Biscayne Street at
its intersection with East line of Jefferson Avenue extended; then South in line drawn at
right angles to South line of Biscayne Street 132 feet; thence East in line drawn parallel
with South line of Biscayne Street to West line of Washington Avenue; thence, North
along West line of W ashington Avenue to its intersection with South line of Biscayne
Street thence West along South line ofBiscayne Street to Point of Beginning. Also
described as: All that part of North 132.0 feet of Section 10, Township 54 South, Range
42 East, known as Smith Cottages Tract and also as Tract B and bounded on North by
North line of Section 10; on West by East line of Jefferson Avenue extended; on South
by line parallel to and 132' South of North line of Section 10; on East by West line of
Washington A venue extended.
6 of?
Exhibit "B"
Hinson Parcel
Block 8, SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, at Page 77,
of the Public Records of Miami-Dade County, Florida, less and excepting therefrom the
following two dedications:
A 50.00 foot dedication in Block 8, of SOUTH BEACH PARK SUBDIVISION,
recorded in Plat Book 6, at Page 77, of the Public Records of Miami-Dade County,
Florida. Said 50.00 foot dedication being described as follows:
Bounded on the North by the Northerly line of said Block 8, bounded on the South by
the Southerly line of said Block 8, said Southerly line also being the Northerly line of the
Government Reservation shown hereon; bounded on the East by a line parallel to and
50,00 feet distant Easterly of, as measured at 90 degrees to the Westerly line, of said
Block 8; bounded on the West by the Westerly line of the above-referenced Block 8, said
Westerly line also being the Easterly line of Biscayne Bay.
A 40.00 foot dedication in Block 8, of SOUTH BEACH PARK SUBDIVISION,
recorded in Plat Book 6, at Page 77, of the Public Records of Miami-Dade County,
Florida. Said 40.00 foot dedication being described as follows:
Bounded on the North by the Northerly line of the above-referenced Block 8; bounded
on the South by the Southerly line of the above-referenced Block 8, said Southerly line
also being the Northerly line of the Government Reservation shown hereon; bounded on
the East by the Westerly line of Washington Avenue, said Westerly line also being the
Easterly line of Block 8; bounded on the West by a line parallel to and 40.00 feet; distant
Westerly of as measured at 90 degrees to the Westerly line, of the above-referenced
Washington Avenue.
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