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DD 30 K (2) 8001(32:36 PAGE407 . THIS AGnEEMENT, Made J IJlI/ulJlZ'f day of Dseemeer A. D. and entered into this /950 1911~, by and between 1Ft:.!' F. B. R. HOLDING CORP., a Florida Corporation, Party of the first part, hereinafter referred to as the "Ownerll, and the CITY OF HIAHI BEACH, a Florida Municipal Corporation, Party of the Second part, herein- after refer:t'ed to as the IICity", WIT N E SSE T H : i'JHEREAS, the 11 01-merll 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: Lots Thirty-one (31) and Thirty-two (32) of Block Three (3) of 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, and WHEREAS, the City Council of the City of Miami Beach deems it to be to the best interest of the "Cityll to acquire, for the use of the public, an easement across Bo~K 3236 Pt\(;E 4 08 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 \JHEREAS, the IIOwnerll has indicated his vlillingness to dedicate to the public for street and sidewalk uses, said strip of land, in consideration of the filling, by the IICityll, at the IICity'sll expense, of a tract of submerged land now lying vTesterly 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 IICityll 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 IICityll 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, hereinbefore referred to, shall be met in the first instance by the IICityll 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, . I \ '1) -~ A f'9 !300~,32db D~\C.:t\j NOW, THEREFORE, in consideration of the mutual cove- nants hereinafter set forth, the parties agree as follows: 1. The 1I0wnerll has deposited a Deed of Dedication describing the strip of land off of the easterly side of "Owner'sll la.l1d which it is contemplated will be used for street and sidewalk purposes, with the City Clerlc of the IICityll, 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 tbe City Engineer of the IICityll shall have certified to him, in vlriting, that the filling and bulkheading to the west of II Owner's II land has been substantially completed as herein contemplated, and there has been procured by the City at the City's ex- pense, and delivered to said IIOwner", a deed from the Trustees of the Internal Improvement Fund of the State of Florida, conveying to the HOwnerl1 that certain tract of submerged land bounded as follows: Bounded on the westerly side by a portion of the line described as follows: Beginning at a point on the westerly extension of the southerly line of Lot Thirty-one (31), Block Three (3), Amended Plat of Second Ocean Front Subdivision, according to plat thereof, recorded in Plat Book 28, Page 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 exten- sion of the northerly line of Lot Thirty-four (34) of said Block Three (3); said point being forty-six (46) feet westerly of the westerly line of said Block Three (3); bounded on the southerly side by the westerly ex- tension of.the southerly line of said Lot Thirty-one (31) to its intersection with the above described westerly boundary, said point of intersection beiBg forty-six (46) feet westerly of the westerly line of said Block Three (3); bounded on the northerly side by the westerly ex- tension of the northerly line of Lot Thirty-two (32) 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 easterly side by the westerly line of said Block Three (3); BOOK3236 PAGE4.10 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 110wnerll hereby waives any and all irregu- larity and defects in the various proceedings incidental to the assessing of the 110wner'sl1 property Uncluding additions made by bulkheading and filling but excluding the part thereof to be used for street purposes as herein contemplated) and the 1I0vmerl1 waives any and all objections to the legality of the assessment herein provided for, and the power and authority of the " City" to malce such assess- ment, and the 11 Owner II further waives any and all notices required for the purpose of making a final, binding and valid assessment against said lands for bul~leading the same and the "Owner" 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 1I0wner1s" 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 IICity" 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 vThatsoever, 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 800K32~)6 PAGE4Jl "City", either by its own personnel or by independent contractor, at the option of the "Cityll. 4. The pro-rata cost of bulkheading which shall be assessed against the IIOwner'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 nt the rate of 4% per annum, payable annually upon sums remaining from time to time unpaid, provided the "O,merll shall have the option to pay the entire assessment together with accrued interest, at any time) 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'sll property for said bulkheading shall be fixed and de- termined substantially in the manner set forth in the Charter of the IICityll 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 IICity" agrees that the full cost of paving, sidewalks and street lighting will be borne by the "Cityll. BOOI( 3236 PACE 1:12 7. If any part of the land described in the Deed of Dedication deposited as above recited shall be entered upon by the "City" and ''lark shall be commenced for the purpose of widening Indian Creek Drive, then the City shall be obligated to complete the same and to carry for"Tard to completion the uork of bu1kheading and filling to the i-Test of l1Ouner' sl1 land as contemplated hereby. 8. The right of the City to assess the cost of bulkheading as herein contemplated against the l101.mer' sl1 land shall not be dependent upon the beginning or comple- tion of the uork of '''idening IndinD Creek Drive, but if the l1Cityl1 commences the "Tork of bulkheading and/or filling on the ground as herein contemplated, then it shall be bound and obligated to complete the same, whereupon it shall be entitled to assess the cost of the same ~gainst IlOwner'sl1 property as herein contemplated. 9. The filling and bu1kheading 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 1l0"merl1 shall have the right to uithdrai'l the Deed of Dedication deposited as above recited with the City Clerk of the City, upon demand and without prior notice. 11. If at any time prior to actual commencement of the work upon the grollild, the IlCit1' shall determine not to undertake the work of bu1kheading and filling herein con- templated, it shall return the Deed of Dedication deposited as above set forth to the l1O"merll ....Thereupon this agreement shall be at an end and there shall be no liability on the part of the "Ci tyll to the 1l01merl1. SDOK323G I'AGt413 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 De~ication by doing the work herein con- templated, and after the date last mentioned no person shall be charged 'lith notice hereof or of any claim or in- terest in said lands by virtue hereof on the part of said "Ci tyll and thereafter all persons dealing ,.,i th the 1I0,mer" relative to the . "Oime.t' '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 bulkheading at or ad- jacent to the "Owner's" property as herein contemplated, by the doing of ,.,hich the "Cityll shall become entitled to the Deed of Dedication deposited hereunder as above recited and to a lien therefor as herein provided; and the IICityll agrees that it will execute and deliver any further docu- ment deemed necessary by the "01:mer" for the purpose of relinquishing any rights acquired hereby, in the event the ,.,ork herein contemplated is not undertaken by the lICi ty", provided that one blanket document shall be deemed suffi- cient for all 1I01:mersll in the event such should become proper by reason of the "City'sll failure to do the work contemplated. 13. "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-one (31) and Thirty-two (32) of Block Three (3) of the SECOrID 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). 3"n.c '''14 BoOl\' ';',)0 PAGE~ . l~. Each and all of the terms mId 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 VJITNESS WHEREOF, the several parties have here- unto ~~::handlsrxmdlosearosc:mlX::xJlt)c:xbbe caused these ~resents to be signed in their corporate names, b1 the -bAtxXJt: ~~ . duly authorized officers, and the corporate seals to be af the day and year above written. F. B. R. HOLDING CORP. In the presence of: -7f1:::: -F . / \-' ...~t B '- ",-, . <></, Y (,~~ r.( ,~~(~ ......... " ----~- V Itf. - President Attest: \ .1.~'~ ~~ ~e ary ~ ' i', f'" \,\ I...; \" ' ". .~ " . . ""1/ "('I C~ MI""fI BF.ACH By ~~A-cJ( Nayor ,\ . i , ..,,,, ': .... A:t~est: ;in..: ~. ~ cA.) V~ ~.,- City Clerk ",~t.. (~ ;-' " .....," 't-, " ..- 1:,' ~'" f" \ ... ( ~ . ')'J6 11r'" BOOK 3;:.,..) P.L\GE if J STATE OF COUNTY OF . . S8 I HEREBY CERTIFY that on this day personally appeared before me, an officer' duly authorized to administer oaths and take aCknovT1edgments, J6.."'~(I.e 8.rrsct(s~q") ,9<-"" /.i".d11" ~. ;l;'NC~/1.0, l~c~ A?k'~li"/~".''''~ ,J1/<? ~~"~~"'~dYI ~tC./~.lkIf!llfl~ ...A J~ F ~ 17 J '4' "J ~~ r,,~~ ~ r" <I ~ .'.1" ..~" wI....~.~ ,,,tI. ~s 0" ~1e -S:.-~r__-l)..&~~~ .' - J ' .J to me well knmvn to be the'person~ described in and who executed the foregoing, and acknowledged before me that executed the same freely and voluntarily for the purposes therein eA~ressed. WITNESS my hand and official seal at County of and State of this day of A. D. 19 Notary Public, State of My commission expires: STATE OF FLORIDA : : SS COUNTY OF DADE : I HEREBY CERTIFY that on this day personally ap- peared before me, an officer duly authorized to administer oaths and take ackno1tl1edgments 8';~NIIZ Ildt2c~~~d and II"/ut J, RJMc~lU!.. VIC~ President and Secretary respectively of F. B. R. HOLDING CORP., a corporation, to me well known 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 \~lEREOF, I have hereunto set my hand ald affixed my official seal at and State, this / r~ day ~ ~ Of~~ said County If?6 A.D. ~ J: ,;;:.:':>,.~:~,.;:<:~~\ :~"/T; r ',~~Y-'iC'~,ssion expires: :'~~\ '" . ;" ~J ~ 10. ''1~=''. . '.- " '., ,;(~,,:>.., ~r,,~,,_, '" {...f....'..,. ',\ . . '{J.I", ,'~ (, .." ~ . i~ .J~ ~_ ._-L- Notary Public, State of Florida Stale of r: '. 1"- , OJ Dade. This 'n~.~ ....." -r"f "'0 .f . ,.:::J,.~ ] O"r . / /? "c. 'd'.,."., .da:' C~(n:_m____ JJJ Q,. /c, ~!', an;;-,,"::" ii.u,.~" Book,.;(...t..:i L, i;'-i~e~07F,,!) Z //7/d.._ E. EJ. L.::/.-I'H!?'"'1~'.~,".,~'-l Ci:.:r'h 2ircUI: CCiij-r BY,'J..J--__-:J~mu .D.C.