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DD 30 Q ')I)'""Oc . ') A 1 BOO}(,,),:../n) Pt\GErJ.:L.... .' #. . . THIS AGREEllENT, Hade and entered into this ::Zf!! day of ~J A. D. 1949, by and betilleen E. L. LOC:KJL'L"\T and HILDAH ',1. LOCKHART, his wife, Parties of the first part, hereinafter referred to as the "O\.mer", and COMMUNITY HOLDING CORP" a Florida Corporation, Party of the second part, hereinafter referred to as the "Lessee", and the (':ITY OF HIAHI BEACH, a Florida Hunicipal Corporation, Party of the third })urt, hereinafter referred to as the "City", UIT1iESSETH: UHEREi\.S, the "OilTner" is the owner of the fee simple title in ill1d to the following described land, situate, lying and being in the City of Hiami Beach, County of Dade, State of Florida, to-\vit: Lots Thirty-eight (38) and Thirty- nine (39) of Block Three (3) of SECOIID OCEAN FTIOrT SlmDIVISION, according to the .~ended Plat thereof, recorded in Plat Book 28, at page 28, of the Public Records of Dade County, Florida, and ';JiIEHEAS, the "Lessee!' is the lessee under a long term lease encloobering said land, and '1""'''''-0',", , S th '," .l-LD1\fl-,~--11, ... e City Council of the City of Miami Beach deems it to be to the best interest of the "City" to acquire, for the use of the publiC, an easement across the easterly portion of said land, for the purpose of uidening Indian Creel\: Drive, a public street in said City, for street and sidewalk purposes, said easterly portion o~ said land being hereinafter more fully described, and ~'lI-IEREAS, the "Ovmer" and the "Lessee" have indicated their willingness to dedicate to the yublic for street and sidewalk uses, said strip of land, both in consideration of the filling, by the "City", at the "City's" expense, of a tract of submerged land nm'l lying 'Jesterly of and ac1;jacent to the l8.J."'1.ds hereinbefore described, -1- 3,). ,,(.. '3',1] -) BOOf\' ,.....j) PAGE, i:t~ , . equal in depth and area at least to the depth and area of the strip of land to be required by the "City" for the street and sidewalk purposes hereinbefore referred to, said fill to consist of material to be dredged from Indian Creek and to be filled to an elevation of at least 2.5 feet above mean high water, and WHEREAS, the construction of a seawall or bulkhead is deemed by all the parties hereto to be necessary for the purpose of retaining and protecting the fill to be made by the "City" as afore- said and to be of special benefit to the land so filled and to the land adjacent thereto and hereinbefore described, and WHEREAS, it is desired by the parties hereto that the full cost of the construction of the seawall or bulkhead, hereinbefore referred to, shall be met in the first instance by the "City" and that a portion of such cost shall be assessed against the land filled as aforesaid and the land hereinbefore described, the construction of said seawall or bulkhead and the assessment for the cost thereof to be done and performed substantially as provided for in Sections 29 and 30 of the Charter of the "City", NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties agree as follows: 1. The "Owner" and the "Lessee" have deposited a Deed of Dedication describing the strip of land off of the easterly side of "Owner's" land which it is contemplated will be used for street and sidewalk purposes, with the City Clerk of the "City", which Deed perpetually dedicates said strip to the use of The Public. 2. The said need of Dedication shall be retained by the said City Clerk until such time as the City Engineer of the "City" shall have certified to him, in writing, that the filling and bulk- heading to the west of "Owner's" land has been substantially com- pleted as herein contemplated, and there has been procured by the "City" at the "City'S" expense, and delivered to said "Owner", a deed from the Trustees of the Internal Improvement Fund of the State of Florida, conveying to the "Owner" that certain tract of submerged land bounded as follows: -2- OP"f' n ,'J q BOOV0~')) Dp,CE,i'f,) . . BOUNDED On the westerly side by a portion of the line described as follows: Beginning at a point on the westerly extension of the northerly line of Lot Thirty-six (36), Block Three (3), Amended Plat of Second Ocean Front Subdivision, according to plat thereof recorded in Plat Book Twenty-eight (28), Page Twenty-eight (28) of the Public Records of Dade County, Florida, said point being forty-six (46) feet westerly of the westerly line of said Block Three (3); thence run in a northerly direction to a point on the westerly extension of the northerly line of Lot Thirty-nine (39) of said Block Three (3), said point being forty-six (46) feet westerly of the westerly line of said Block Three (3); bOUllded on the southerly side by the westerly extension of the southerly line of Lot Thirty-eight (38) of said Block Three (3) to its intersection with the above described westerly boundary, said point of intersection being forty-six (46) feet, more or less, westerly of the westerly line of said Block Three (3); bounded on the northerly side by the westerly exten- sion of the northerly line of said Lot Thirty-nine (39), to its intersection with the above described westerly boun- dary, said point of intersection being forty-six (46) feet westerly of the westerly line of said Block Three (3); bounded on the easterly side by the westerly line of said Block Three (3); whereupon said City Clerk shall make such disposal of said docu- ments as shall be directed by the City Manager of said City. 3. The additions to "Owner's" land by reason of such bulkheading and filling shall be encumbered by "Lessee'sll lease to the same effect and extent as though the same had been in existence at the date of said lease and had been expressly des- cribed therein and had been a part of the demised premises. 4. The "Owner" and the "Lessee" do hereby waive any and all irregularity and defects in the various proceedings inci- dental to the assessing of the "Owner's" property (including ad- ditions made by bulkheading and filling but excluding the part thereof to be used for street purposes as herein contemplated) and they do waive any and all objections to the legality of the assessment, -3- 3' >Y"C .., IJ .. B 0 01\' hI~)\lJ P.l\GE .) ::t ], and they do waive all notices required for the purpose of making a final, binding and valid assessment against said lands for bulk- heading the same and they severally agree that the pro-rata cost of such bulkheading, determined substantially in the manner pro- vided by the Charter of the Citv, shall be and constitute a valid and enforceable lien in favor of the City against the "Owner's" property (!ncluding additions made pursuant to the plan above set forth and excluding the portion thereof to be used for street and sidewalk purposes), which lien shall be superior to "Lessee's" lease, and said assessment lien of the City shall be as effective as though each and all requirements of law relative thereto had been followed and observed without any deviation, error or irregularity whatso- ever, and this agreement, without any other thing or act what~oever, shall be sufficient to create such lien as of but not prior to the completion of the work to be done by or under the direction of the City, either by its own personnel, or by independent contractor, at the option of the "City." 5. The pro-rata cost of bulkheading vm.ich shall be as- sessed against the "Owner's" land shall be payable in ten equal, annual installments, beginning one year after the completion of said bulkheading, with interest from said date of completion at the rate of 4% per annum, payable annually upon sums remaining from time to time unpaid, provided the "Owner" and the "Lessee" shall have the option to pay the entire asseBsment together with accrued interest, at any time; provided, however, that the principal amount of such assessment shall not exceed the sum of '35.00 per lineal foot of bulkhead. 6. The amount to be assessed against "Owner's" property for said bulkheading shall be fixed and determined substantially in the mammer set forth in the Charter of the City to the end that each property owner shall bear no more than a just share of the cost of improvement made in the area of his property. -4- ~H)''''6 3'~ ... 800Hu~'), P4GE," (-it) 7. The widening and paving of Indian creek Drive shall be undertaken, commenced and completed in the shortest practicable time after the required right of way shall have been obtained to the end that the purposes and objects hereof may be consummated and realized as soon as possible and the "City" agrees that the full cost of paving, sidewalks and street lighting will be borne by the lICity.lt 8. If any part of the land described in the Deed of Dedication deposited as above recited shall be entered upon by the "City" and work shall be commenced for the purpose of widening In- dian Creek Drive, then the City shall be obligated to complete the same and to carry forward to completion the work of bulkheading and filling to the west of "Owner's" land as contemplated hereby. 9. The right of the City to assess the cost of bulk- heading as herein contemplated against the Owner's" land shall not be dependent upon the beginning or completion of the work of widen- ing Indian creek Drive, but if the "City" commences the work of bulkheading and/or filling on the ground as herein contemplated, then it shall be bound and obligated to complete the same, where- upon it shall be entitled to assess the cost of the same against "Owner's" property as herein contemplated. 10. The filling and bulkheading herein contemplated shall be substantially completed not later than June 1, 1950. 11. If the filling and bulkheading herein contemplated shall not have been substantially completed by the date mentioned in Paragraph 10 above, then the "Owner" and "Lessee" shall have the right to withdraw the Deed of Dedication deposited as above recited with the City Clerk of the "City", upon demand and without prior not ice. 12. If at any time prior to actual commencement of the work upon the ground, the "City" shall determine not to undertake the work of bulkheading and filling herein contemplated, it shall return the documents deposited as above set forth to the "Owher", whereupon this agreement shall be at an end and there shall be no -5- 3~'~ ,~~ f't Snnl!. ,>".-.I;;'~ ";vi,- r-d,~,_)1 , H,.llf' PA.-GE ~J~b liability on the part of the "City" to either "Owner" or "Lessee". 13. After June 1, 1950, this agreement shall in any event be at an end and the "City's" right, title and interest in the lands above described shall rest and depend solely upon the Deed of Dedication deposited hereunder, provided the "City" shall have become entitled to take possession of said Deed of Dedication by doing the work herein contemplated, and after the date last men- tioned no person shall be charged with notice hereof or of any claim or interest in said lands by virtue hereof on the part of said "City" and thereafter all persons dealing with the "Owner" or with the "Lessee" relative to the "Owner1s" property shall be entitled to treat this document as a nullity and as an option which has expired, provided the expiration of this document by limitation of time shall not in anywise affect the "City1s" lien acquired by actually doing the bulkheading at or adjacent to the "Owner's" property as herein contemplated, by the doing of which the "City" shall become entitled to the Deed of Dedication deposited hereunder as above recited and to a lien therefor as herein provided; and the "City" agrees that it will execute and deliver any further document deemed necessary by the "Owner" or "Lessee" for the purpose of relinquishing any rights acquired hereby, in the event the work herein contemplated is not undertaken by the "City", provided that one blanket document shall be deemed sufficient for all "Owners", "Lienors" and "Lessees" in the event such should become proper by reason of the "City1s" failure to do the work contemplated. 14. "Owner's" property which is to be used for street and sidewalk purposes is described as follows: The easterly forty (40) feet of Lots Thirty-eight (38) and Thirty- nine (39), Block Three (3) of the SECOND OCEAN FRONT SUBDIVISION, according to the Amended Plat there- of, recorded in Plat Book 28, at page 28, of the Public Records of Dade County, Florida, the said forty (40) feet being measured at right angles to the westerly line of Hard- ing Drive, as shown on said Plat, (now Indian Creek Drive). -6- 80Of( 3286 PAGE'347 15. Each and all of the terms and conditions hereof shall be valid and binding and shall enure to the benefit of the respective heirs, successors, legal representatives and assigns of the several parties and the record hereof shall be effective to that end, except as limited by Paragraph 13 hereof. IN WITNESS WHEREOF, the several parties have hereunto set their respective hands and seals as of the ,;;tj"tI. day of ~ A. D. 1949. ~-i~SEAL) :fM/./~1 W.._ _ (SEAL) Attest: :tp~:~ZO~ ,~ President ~ ~-fJ~ Secretary " t '; "~," ~ "'_ j " r ".. "'c~::::,,:~: ' - ...::~. ,'I "/ ." \.i \ . '1. i.... /",'1 \ '''. " " t..~' :~ -"~r ~~,.... ~,. :'"'l'" ....-~ c' CITY By "\, , ~...." , ~. <-) , , ~,. ., . ~'.,j. 7'." \#) !~-( ~ - '.. .<11, \...- ' "".pi ~'t" ., .. "'<lI<:ro.r.4 t." ... " ;.. ... ',.-i" :,."..., Ii, " . , , ,~:tlnlt: " -;.', off '" '. \~. Ii ';" ',' > \t '\"~ ( L ' -7- 800K3236 p.~GE348 , . STATE OF FLORIDA SS COUNTY OF DADE I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknOi..rledgments, E. L. LOCKHART and HILDAH \'J. LOCKHART, his wife, to me well knmm to be the. persons described in and who executed the foregoing, and acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Miami Beach County of Dade, and State of Florida, this J.J/tJA-day of November A. D. 19 49. , ,,, ~ . . , ." ''\''.; 1 i', ;,: " I, .'~ ." .~~lfl.I',.,,) I 'f .. '_# ".,.' 1, Florid a: ,.),' :'; it:.. ... j~~ " ;' '-' ." ' ~.< " .~ '--' " ; ........,.. ,..~ : w ~; ,tI' '~., ~.. QoI: !--- h , " "I I) H..: My commission expires: Yj.LJ/JI "4". ...., .,' " - .{ - - - - - - - - ~ STATE OF FLORIDA DADE . . : SS CODN TY OF . . I HEREBY CERTIFY that on this day personally ap- peared before me, an officer duly authorized to administer oaths and take acknowledgments Morton Rothenberg and Moe Browarnik President and Secretary' respectively of :.. CO}AIfUNITY" Holding Corp;. a corporation, to me well kno~m to be the persons described in and who executed the foregoing instrument and duly acknowledged before me that they executed the same for the purposes therein expressed as the act and deed of said cor- poration. IN WITNESS vil{EREOF, I have hereunto set my hand End affixed my official seal at Miami Beach, said County and State, this jo day of November A.D. 1949. , S~:~,~.0- ,:-'1- .. ~ '" ,_~,f "~-,...rn . L~" _, '_,. tJativ C,~ Notary Public, State of Flo~1.d;a~:; ii , ~~f':";~~~~~nS':;:Pi~~S F~~~d. 25: ~~~2:" ,,~,;:.'::'~""':<{~~: Jonded by ^meric.n Surety Co. of N. Y. (I., ~ '" (/ ~ ~.~ ; ~... ..,l 1, .. \ :... . -:.:. ,...'.' 1,,'~"'! \.i \ ... . ,'_ ....~ <) J. ." .' ' '''';:'''.-:t~~~.i',,~ .....,... ....,.. " . # :'~V ofOt:.~ 'nu~ J :1. ___. __~_______~R_____~_~____ ,0 0, ZLL_2.,!?.,c.... My commission expires: "l'l:~': 1:_ : ; ;.L '-'::r'j th-~ 105(; :~'/ s- L?, 'l'I"'.' ..../. ! ......__...... ._ ___ c-... ,~, '" .l.) I',_,,,_~I IBook...:i."".l...::i' t, ,', 'Jg~.V E. 13. L::.\T!<:~' '(.;,,\.j',J: Clefl. CirCUit Court 'hi;,,,,,, ,', BY~ -::1J 9.~_._.D.C.