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DD 30 P (2) . ,.1;u-u'/\"~.2~.:)}c) ..flh U oJ ," U P.4GE'f C' THIS AGREEMENT, Made and entered into this December day of ~ A. D. 19 49, by and between DAVID ROTT and REVA G. ROTT, his wife, and HARRY ROTT and i tJ tG. ~ MOLLIE ROTT, his wife, Parties of the first part, hereinafter referred to as the "Owner", and the CITY OF MIAHI BEACH, a Florida Municipal Corporation, Party of the Second part, herein- after referred to as the "City", WIT N E SSE T H : HHEREAS, the "0imer" is the o".mer of the fee simple title in and to the following described land, situate, lying and being in the City of Miami Beach, County of Dade, State of Florida, to-wit: Lot Forty (40) of Block Three (3) of SECOND OCEAN FRONT SUBDIVISION, ac- cording to the Amended Plat thereof recorded in Plat Book 28, at page 28, of the Public Records of Dade County, Florida, and WHEREAS, the 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 .~. ,-" i\. BOOK0~:.).6 DAGE417 the easterly portion of said land, for the purpose of widening Indian Creek Drive, a public street in said City, for street and sidewalk purposes, said easterly portion of said land being hereinafter more fully described, and l.JHEREAS, the IIOwnerll has indicated his willingness to dedicate to the public for street and sidewalk uses, said strip of land, in consideration of the filling, by the "City", at the "City's" expense, of a tract of submerged land now lying ~lesterly of and adjacent to the lands hereinbefore described, 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 pur- poses 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 the parties hereto to be necessary for the purpose of retaining and protecting the fill to be made by the IICity" as aforesaid 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 bulk- head, re reinbefore referred to, shall be met in the first instance by the IICity" 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 thellCityll, " . ~. . ~. Buox32'86 PAGE418 NOW, THEREFORE, in consideration of the mutual cove- nants hereinafter set forth, the parties agree as follows: 1. The "Owner" has 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 Deed 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 bulkheading to the west of "Owner's" land has been substantially completed as herein contemplated, and there has been pra~~i-e~~ye t~ePtT'l~e~lntR~otM~y2fi~.~~!.S.A. pense, and deliverGd to said "Owner", a deed from the Trustees of the Internal Improvement Fund of the State of a IIIIl.rketable titte conveying/to the "Ownerl that certain tract of Florida, submerged land bounded as follows~ . Bounded by a line described as follows: Beginning at the southwesterly corner of Lot Forty (40), 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; thence run wes- terly along the westerly extension of the southerly line of said Lot Forty (40) a distance of forty-six (46) feet; .thence run northerly along a straight line to a point on the westerly extension of the northerly line of said Lot Forty (40) said point being forty-six (46) feet westerly of the northwesterly corner of said Lot Forty (40); thence run easterly forty-six (46) feet to the said northwesterly corner of Lot Forty (40); thence run southerly along the westerly line of said Block Three (3), to the point of beginning. "" . 6'11)'.16' 4 SOQfW..-.,,:j. PAGE 19 . whereupon said City Clerk shall make such disposal of said Deed of Dedication as shall be directed by the City Manager of said City. 3. The 110wnerlf hereby waives any and all irregu- larity and defects in the various proceedings incidental to the assessing of the lfOwner1sl1 property (including additions made by bulkheading and filling but excluding the part thereof to be used for street purposes as herein contemplated) and the 110llmer" waives any and all objections to the legality of the assessment herein provided for, and the power and authority of the I1Citytl to make such assess- ment, and the "Owner" further waives any and all notices required for the purpose of making a final, binding and valid assessment against said lands for bulkheading the same and the "Ownerl1 agrees that the pro-rata cost of such bulkheading, determined substantially in the manner pro- vided by the Charter of the City, shall be and constitute a valid and enforceable lien in favor of the City against the lfOwnerlslf property (including additions made pursuant to the plan above set forth and excluding the portion thereof to be used for street and sidewalk purposes), and said assessment lien of the I1Cityl1 shall be as effective as though each and all requirements of law relative there- to had been followed and observed without any deviation, error or irregularity whatsoever, and this agreement, with- out any other thing or act vlhatsoever, 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 3' '\2'~(";' 4')0 8001(' " .-5\.) PAGE' '''' "City", either by its own personnel or by independent contractor, at the option of the "City". 4. The pro-rata cost of bulkheading which shall be assessed 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 "O\mer" shall have the option to pay the entire assessment together with accrued interest, at any timei provided, however, that the principal anount of such assessment shall not exceed the sum of $35.00 per lineal foot of bulkhead. 5. The amount to be assessed against "Owner's" property for said bulkheading shall be fixed and de- termined substantially in the manner 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. 6, 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 "City". ~qor> 4')" BOOI(0i~c50 PAGE .",.1 7. If any part of the land described in the Deed of Dedication deposited as above recited shall be entered upon by the "Ci ty" and "Tork shall be commenced for the purpose of ~lidening Indian Creek Drive, then the City shall be obligated to complete the same and to carry forvTard to completion the '.lorl,:: of bulkheading and filling to the iTest of "Ouner' s" land as contemplated hereby. 8, The right of the City to assess the cost of bulkheading as herein contemplated agalnst the "O'\mer' s1f land shall not be. dependent upon the beginning or comple- tion of the 1Tork of "lidening Indian Creek Drive, but if the "City" comrnenr:es the "\:Tork of bulkheading and/or filling on the ground as herein contemplated, then it shall be bound and obligated to complete the same, "\:Thereupon it shall be entitled to assess the cost of the same ~gainst "0wner's" property as herein contemplated. 9. The filling and bulkheading herein contemplated shall be substantially completed not later than June 1, 1950. 10. If the filling and bulkheading herein contem- plated shall not have been substantially completed by the date mentioned in Paragraph 9 above, then the "Oimer" shall have the right to ,'li thdrau the Deed of Dedication deposited as above recited "\:Tith the City Clerk of the City, upon demand and withou~ prior notice. 11. If at any time prior to actual commencement of the vlork upon the ground, the II Ci ty" shall determine not to undertake the "\:Tork of bulkheading and filling herein con- templated, it shall return the Deed of Dedication deposited as above set fort:1. to the "0vmer1f \'Thereupon this agreement shall be at an end and there shall be no liability on the part of the "Ci ty" to the "0vmer". . 'Boo}{3"2~j6 PAGE4'22 12. 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 hereunder, provided the "City" shall have become entitled to take possession of said Deed of DeQication by doing the work herein con- templated, and after the date last mentioned no person shall be charged uith notice hereof or of any claim or in- terest in said lanQs by virtue hereof on the part of said "Ci ty" and thereafter all persons dealing ,.,i th the "O\mer" relative to the "01'mer' s" 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 any wise affect the "City's" lien acquired by actually doing the bulkheadlng at or ad- jacent 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 docu- ment deemed necessary by the "O"mer" 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 suffi- cient for all "Owners" in the event su.ch should become proper by reason of the "City's" failure to do the work \\ContemPlated. 13. "Owner 1 s" property "lhich is to be used for street and sidewalk purposes is described as follows: ,.,\ The easterly forty (40) feet of Lot Forty (40), Block Three (3) of the SECOND OCEAN FRONT SUBDIVISION, according to the Amended Plat thereof, 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 Harding Drive, as shown on said Plat, (now Indian Creek Drive). gWJIi, 92' ~.:)O ~'A .. 'J'') __c,o JU:, GE:!......,) If. 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 repre- sentatives and assigns of the several parties and the record hereof shall be effective to that end, except as limited by Paragraph 12 hereof. IN WITNESS WHEREOF, the several parties have here- unto set their res,ge,ctive hands and seals as of the 3~.t;l. day of ~~:~~~ A. D. 19 49 (Seal) (1) ).d/-U..-e' ~-v{ (Seal) In the presence of: :~L ~7tP/. (Seal) '-AS to ~rry Rott and llo1Ue. Rot,Q ~: t/{Jad;;-t:; .4p1' ~ ;--- (Seal) ./ · .... and Rm'.=\y ~. J..r[ J ( , Q <.". Nayor (.... ( ~;)~ " "....~ '- C2t:.. )::J~ ~t2__~_; City Clerk . Attest: L L'.; 1.;" ~ i- f ~ < ... . , . . ' c 'J i;J' " ...... '. ,. """.... . i : 'r; \. - \ ." " '>',;- i ~.~, '~;;q(~ 4')4 BOOK O,:;"..)'J PAGE ..., STATE OF ~: :-:S COUNTY OF ~ ~ I HEREBY CERTIFY, That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, DAVID ROTT and REVA G. ROTT, his wife, to me well known to be the person s described in and who executed the foregoing instrument, and acknowledged before me that they executed the saMe freely and volun- tarily for the purposes therein expressed. \-JITNESS my hand and official seal at Miami Beach, County of Dade and State of Florida , this 5th A. D. 19 ~ . 50 day of ~ January Jl~o of Florida at Large My commission expires: Nov. 17, J951 ' \-,- " , 'C.l 30,\1'r.) ~'A",;4 1)5 OOf+f(;'Wt ~'''(':t... STATE OF MICHIGAN / SS COill'J'TY OF W~ I fllffiEBY CERTIFY, . . That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, HARRY ROTT and MOLLIE ROTT, his wife, to me well known to be the person S described in and who executed the foregoing instrument, and aclD10wledged before me that they executed the SaMe freely and volun- tarily for the purposes therein expressed. \HTNESS my hand and official seal at .LJ~ County of ~::er and state of Hichigan , this ~;t day of ~ A. D. 19 49. - "' < . )-~J ~',~:...,.:, 1/ My commission Public, state Of~, .~ -"'- ~~ expires: (7' .. (j , o eft .,~ '1-/1S' 3 ...", ~J ~> -; , , . . ;. ~:.....-- ; ; ~ '.. ~..... ~ ( 0') '..... . ," ~..;;. 4~ ;J ".' . ;.,,';.,~-,...~"j."'~'~ i "i .'f ,. .~., ~.{ '. ... ,t . . ~".,.., Stete of f'i "County 01 Dade. TillS '1:t i,'2~' filed for record them~,___..day ofd!t~ lorn .iL/'/ ~ -..t?r'l" ' 04 L . J,J,U ~d"T7:_ _~ /_..._,,~i _ ane au;] r-:..,:ccrckd !il____~~____n- ~.-__~_n~_~n._ Boo.~._~...2,.3 ?!I (agrl.'o;([c" fi) / //y/.'..t<. E .:-~ ,\ T H ~':'~'~ '. >o'J Cl2rf\ C"I<Jil C,>.;f l Bu?,; ,-"I D G I+__~__'_____C____._~ _"C'~_.._'_h _~~u__~~~'.._____.__C__n__;'n___ . .