DD 30 F Agreement
Bou~3563. r~G:4.60
THIS AGREEMENT, made and entered into this
r4~
d
3/ day of
A. D. 195"1, by and between HENRY ELLIOTT and MARY
ELLIOTT, his wife, parties of the first part, hereinafter referred
to as the mI[NERS, and HERV1AN B. OBERMAN and EVA OBERMAN, his wife,
parties of the second part, hereinafter referred to as the LESSEES,
and FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI, a United
States corporation, party of the third part, hereinafter referred to
as the MORTGAGEE, and CORONET APARTMENTS, INC., a Florida corporation,
party of the fourth part, hereinafter referred to as the LIENOR,
MARILYN KAY, party of the fifth part, hereinafter called FORMER OW1mR,
OCEAN BREEZE APTS., INC., a Florida corporation, party of the sixth
part, hereinafter called FORMER LESSEE, and the CITY OF MIAMI BEACH,
a Florida municipal corporation, party of the seventh part, herein-
after referred to as the CITY.
WIT N E SSE T H :
WHEREAS, the Owners are the owners 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:-
The Northerly Twenty-five (25") feet of Lot
Twenty-four (2~) and the Southerly Twenty-
five (25") feet of Lot Twenty-five (25")1
Block Three (3) of SECOND OCEAN FRONT oUB-
DIVISION, 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 Lessees are the lessees under a long term
lease covering said land and the Mortgagee is the owner and holder
of a mortgage encumbering said land, which mortgage .~nd the note
secured thereby were executed by the Former Lessee and the Former
Owner, and the Lienor is the owner and holder of a mortgage encumber-
ing said long term lease, 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
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
B!J!lK 3563' PAG~ 461
the public an easement across the easterly portion of said land for
the purpose of widening Indian Creek Drive, a public street in said
City, said easterly portion of said land being hereinafter more fully
described, and
WHEREAS, the Owners and the Lessees have indicated their
willingness to dedicate said strip of land to the public for street
and sidewalk purposes and the Mortgagee and the Lienor have expressed
their willingness to release said strip of land from the lien of their
respective mortgages, all in consideration of the matters hereinafter
set forth, and
\f.HEREAS, in contemplation of the dedication heretofore
referred to, and in contemplation of the granting by the Mortgagee
and the Lienor of the releases hereinbefore referred to, the prede-
cessor in title of the Owners have caused to be filled to an elevation
of 2.5 feet above mean high water, a tract of submerged land in Indian
Creek lying westerly of and adjacent to the lands hereinbefore des-
cribed, said area so filled being equal in depth and area to the depth
and area of the strip of land to be dedicated to the City for street
and sidewalk purposes as hereinbefore set forth, and
WHEREAS, the construction of said fill made necessary the
construction of a seawall or bulkhead for the purpose of retaining
and protecting the said fill which said bulkhead and seawall has
heretofore been constructed by the said predecessor in title of the
Owners, the total cost of said fill being in the sum of $774.39 and
the total cost of the construction of said seawall or bulkhead being
in the sum of $2,987.00, and
WHEREAS, the sum of $3,761.39 is due and unpaid to M. F.
Comer Bridge & Foundation Co. for work performed for said predecessor
in title in the construction of said bulkhead and fill, and
WHEREAS, simultaneously with the execution and delivery of
this agreement:
a) The City has delivered to the O~mers a deed of conveyance
-2-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
aOOK 3563 PAGE 462
from the Trustees of the Internal Improvement Fund of the State or
Florida, conveying to the Owners the tract of land heretofore filled
as aforesaid, which is described as follows, to wit:-
A parcel of land westerly of and adjacent to the north-
erly 25 feet of Lot 2~ and the southerly 25 feet of Lot
25, Block 3, Amended Plat of Second Ocean Front Sub-
division, being a subdivision of Government Lots 2i 5
and 6 of Fractional Section 11 and Government Lot and
a portion of Government Lot ~, aal in Township 53 South,
Range ~2 East, Dade County, Florida, and more particularly
described as follows:
Bounded on the westerly side by a portion of the line de-
scribed as follows: Beginning at a point on the westerly
extension of the southerly line of Lot 2~, Bloek 3, Amended
Plat of Second Ocean Front Subdivision, according to Plat
thereof recorded in Plat Book 28, at Page 28, of the
Public Records of Dade County, Florida, said point being
31 feet westerly of the westerly line of said Block 3;
thence run in a northerly direction to a point on the
westerly extension of the northerly line of Lot 26 of
said Block 3, said point being 35 feet westerly of the
westerly line of said Block 3; bounded on the southerly
side by the westerly extension of the southerly line of
the northerly 25 feet of Lot 2~, said Block 3, to its
intersection with the above westerly boundary, said point
of intersection being 35 feet, more or less, westerly of
the westerly line of said B+ock 3; bounded on the northerly
side by the westerly extension of the northerly line of
the southerly 25 feet of Lot 25 said Block 3, to its in-
tersection with the above described westerly boundary,
said point of intersection being 36 feet, more or less,
westerly of the westerly line of said Block 3; bounded
on the easterly side by the westerly line of said Block 3.
AND ALSO
A parcel of land westerly of the North 25 feet of Lot 2~and the
South 25 feet of Lot 25, Block 3, Amended Plat of Second
Ocean Front Subdivision, being a subdivision of Government
Lots 2, 5 and 6 of Fractional Section 11 and Government
Lot 1 and a portion of Government Lot ~, all in Township
53 South, Range ~2 East, Dade County, Florida, and more
particularly described as follows:
Bounded on the Easterly side by a portion of the line
described as follows:
Beginning at a point on the westerly extension of the .
southerly line of Lot 2~, Block 3, _~ended Plat of Second
Ocean Front Subdivision, according to Plat thereof~ re-
corded in Plat Book 28, at Page 28, of the Public tlecords
of Dade County, Florida, said point being 31 feet westerly
of the westerly line of said Block 3; thence run in a
northerly direction to a point on the westerly extension
of the northerly line of Lot 26 of said Block 3, said point
being 35 feet westerly of the westerly line of said Block 3.
Bounded on the westerly side by a portion of the line
described as follows:
-3-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
,
--..-.---.,-.-.
BOOY. 3563 PAGE 463
Beginning at a point on the westerly extension or the
southerly line of said Lot 24, said point being 35 feet
westerly of the westerly line of said Block 3; thence
run in a northerly direction to a point on the westerly
extension of the northerly line of said Lot 26 said point
being 40 feet westerly of the westerly line of said Block 3.
Bounded on the southerly side by the westerly extension
of the southerly line of the northerly 25 feet of said
Lot 24 to its intersection with the above described westerly
boundary, said point of intersection being 40 feet, more
or less, westerly of the westerly line of said Block 1f~"
:-(tr
Bounded on the northerly side by the westerly extension
of the northerly line of the southerly 25 feet of Lot 25
of said Block 3, to its intersection with the above des-
cribed westerly boundary, sald point of intersection being
41 feet, more or less, westerly of the westerly line of
said Block 3.
b) The City has paid to M. F. Comer Bridge & Foundation
Co. the sum of $3,761.39, in full payment for the construction of
said bulkhead and fill (in consideration for which the City acquires
a lien as hereinafter provided).
c) The Owners and the Lessees have delivered to the City
a deed of dedication by the terms of which there is dedicated to the
City and to the public, for street and sidewalk purposes, that cer-
tain parcel of land situate in Miami Beach, Florida, bounded as
follows:-
Beginning at a point which is the intersection of the
southerly line of the northerly twenty-five (25}feet
of Lot Twenty-four (24), Block Three (3) of the Second
Ocean Front Subdivision, according to the Amended Plat
thereof1 recorded in Plat Book 28, at page 28, of the
Public rtecords of Dade County, Florida, and the west-
erly line of Harding Drive as shown on said Plat (now
Indian Creek Drive); thence westerly along the said
southerly line of the northerly twenty-five (25) feet
of Lot Twenty-four (24) a distance of Thirty-one (31)
feet to a point; thence northerly a distance of Fifty
(50) feet, more or less, to a point which is on the
northerly line of the southerly twenty-five (25) feet
of Lot Twenty-five (25), said Block Three (3), said
point being Thirty-three (33) feet westerly of Harding
Drive (now Indian Creek Drive); thence easterly along
said northerly line of the southerly twenty-five (25')
feet of said Lot Twenty-five (25) a distance of thirty-
three (33) feet to the westerly line of said Harding
Drive (now Indian Creek Drive); thence southerly along
the westerly line of said Harding Drive (now Indian
Creek Drive) for a distance of Fifty (50) feet, more or
less, to the point of beginning.
-4-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
eoo!<3563 f~464
d) The Mortgagee has delivered to the City an instrument
by the terms of which there is released from the operation of the
Mortgagee's mortgage, the strip of land dedicated as aforesaid, and
the Former Lessee and the Former Owner hereby consent to the release
by the Mortgagee from the said mortgage of the land dedicated as
aforesaid and described in Paragraph "C" hereof.
e) The Lienor has delivered to the City an instrument by
the terms of which there is released from the operation of the
Lienor's mortgage, the strip of land dedicated as aforesaid.
f) The Owners, the Lessee, and the Lienor agree and cove-
nant that the tracts of land described in Paragraph (a) hereof shall
be deemed and considered to be leased and demised to the Lessees as
full~ and for all purposes as though the same had been originally
described and set forth in those certain leases wherein the Former
~vner was lessor and the Former Lessee WaS lessee; said leases hav-
ing thereafter been duly assigned to the Lienor, and thereafter again
having been duly asaigned by the Lienor to the Lessees.
g) The Owners, the Lessees, the Lienor, and the Mortgagee
agree and covenant that the tracts of land described in Paragraph (a)
hereof shall be deemed and comidered to be included in the land
described and set forth in that certain mortgage heretofore executed
and delivered by the Former O~mer and the Former Lessee to the
Mortgagee for all purposes and subject to the conditions and covenants
contained in said mortgage as fully as if the same had been originally
described and set forth in said mortgage.
h) It is further understood and agreed by and between the
Lessees and the Lienor that the tracts of land described in Paragraph
(a) hereof shall be deemed and considered to be included in the land
described and set forth in that certain mortgage heretofore executed
and delivered by the Lessee to the Lienor for all purposes and subject
to the conditions and covenants contained in the said mortgage as fully
as though the same had been originally described and set forth in said
-5-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
BCQ}( 3563 P.AGE 4'65
mortgage.
i) The Lessees hereby agree to repay to the City the sum
of $1,750.00 which represents a portion of the amount paid by the
City to M. F. Comer Bridge & Foundation Co., as aforesaid, such re-
payment to be in ten equal annual installments beginning on November
15, 1952, with interest from November 15, 1951, at the rate of four
(~%) per cent per annum, payable semi-annually, on sums remaining
from time to time unpaid, provided however, that the Lessees shall
have the privilege of paying the entire sum together with accrued
interest at any time.
j) The Lessees and the Lienor agree that the City is here-
by given and shall hereafter have a valid and enforceable lien against
the Lessees' interest in said property (including the land acquired
from the Trustees of the Internal Improvement Fund as aforesaid and
excluding the portion thereof described in the Deed of Dedication
above referred to) for the said sum of $1,750.00 required to be paid
to the City by the Lessees as set forth in Paragraph (i) hereof until
fully paid; which lien shall be superior to Lessees' lease and to
Lienor's mortgage lien against the same, but shall be subject to and
inferior in dignity to the lien of the mortgage of the First Federal
Savings & Loan Association recorded in Mortgage Book 2172 at page
365' of the Public Records of Dade County, Florida.
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 recording hereof shall be effective to that end.
IN WITNESS \~EOF, the parties of the first, second and
firth parts have hereunto set their hands and seals, and the parties
of the third, fourth, sixth and seventh parts have caused these
presents to be signed in their corporate names by their duly authorized
-6-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
800;3563. PAGE 466
officers and their corporate seals to be affixed the day and year
above written.
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CORONET APARTMENTS, ING~';~"\:~: ".' c'
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BY /~o, -~ ~~ ~~__-",--;
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OCEAN BREEZE APTS., INo:lll\\~.uHO:) ~r
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President "-
::i6MI~~
· Mayor
Attest: (~~~~~:~~~
Secretary
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Secretary
FIRST FBDERAL SAVINrtS AND LOAN
AS~IATION OF MIAMI
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BY \\ \... ~/.
V ce-President
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-7-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
Bu~y3563 PAGE467
STATE OF FLORIDA
COUNTY OF DADE
)
)
SS.:
. BEFORE ME, the undersigned authority, personally appeared
HENRY ELLIOTT and HARY ELLIOTT, his wife to me well lmown to be
the persons described in and who executed the foregoing, and ac-
lmowledged before me that they executed the same freely and volun-
tarily for the purposes therein expressed. . L
~
WITNESS my hand anq ~ficial se~at
Dadeu~,ounty, Florida, this .3/- day of ~, A. D. 1951.
Notary u ic State of Flo[ida
a Laf.i>Wc state of Florida~~t ~~~t
Notary ':00 expires Dec. _0, -
My CommlSSI
STATE OF FLORIDA
COUNTY OF DADE
)
)
SSe :
I HEREBY CERTIFY that on this day personally appeared
before me, an officer duly authorized to administer oaths and take
aclmowledgments R. P. FDRD and H, D. DAVIS, Vice-
President and SecretarYf respectively, of FIRST FEDERAL SAVINGS AND
LOAN ASSOCIATIONOF MIAM , a United States corporation, to me well
lmown to be the persons described in and who executed the foregoing
instrument and duly aclmowledged before me that they executed the
Same for the purposes therein expressed as the act and deed of said
corporation.
IN \1 I TNESS ltlHEREOF, I
my official seal a t ~
,,' ~~.~,~,,~flL day of rJ)~
. ",. Q..:.~!.~l/A
r: ....11y coImjti:~sion expires:
. "--_" ....... ,I. '''' ~ ~
': (" ~otar'y' I'\jJJ;c:~ State of Florido at lar..
: / ' My ,a>mrnts,,"oZ ~pires Sept 12, 1955.
(;/,./jllrct~I\,!,:~t.. Surety Co. of N. Y.
.(.'''y~.... ",. "''''.f
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f"FLC.n"'>'
have hereunto set my hand and affixed
, said County and State,
, A. D. 19~
ifcm";I/ 0. ~~. ,: ~,.J
otary Publ~c, State of Florida
at Large
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
B!JCK3563. PMiE468
STATE OF FLORIDA
COUNTY OF DADE
)
)
SS. :
BEFORE ME, the undersigned authority, personally appeared
HERMAN B. OBERMA1l" awl EVA 9BHflHAU, fiis -,life, to me well known and
be the person. described in and who executed the foregoing, and
acknowledged before me that ~he~ executed the same freely and
voluntarily for the purposes therein expressed. 7/ _, // Il
WITNESS my hand ,~!ficial sea0~ ~/
Dade County, Florida, this ~day of " ( , A. D.
19~.
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{ .' "My cQtnJ'l.1ission
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State
STATE OF FLORIDA
COUNTY OF DADE
)
)
as. :
BEFORE ME, the undersigned authority, personally appeared
MARILYN KAY, to me well known to be the person described in and who
executed the foregoing, and acknowledged before me that she executed
the same freely and voluntarily for the purposes therein expressed.
WITNESS my hand and
Dade County, Florida, this
1951.
official seal at
day of
, A.D.
Notary Public, State of Floc ida
at Large
My commission expires:-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
Blll)l(3563 pA{i[ 469
STATE OF FLORIDA )
COUNTY OF DADE )
SS. :
I HEREBY CERTIFY that on this day personally appeared
before me, an off cer d~ly,authorized to a~ster oatha and take
aclmowledgments .4J ~ and '~Y,1.,u^C~, ,
President and Secret y, respectively, of CORONET APARTI1ENTS, INC.,
a corporation, to me well lmown to be the persons described in and
who executed the foregoing instrument and duly aclmowledged before
me that they executed the same for the purposes therein expressed
as the act and deed of said corporation.
IN WITNESS WHEREOF, I have
my official seal at ,
day of ("" , A. D. 1951.
hereunto set my hand and affixed
said County and State, this
My commission expires:
) "-
" ...
/,
u
Notary Public,
at Large
STATE OF FLORIDA )
COUNTY OF DADE )
SS. :
My commission expires:
<I j/ z- /n~
I HER Y CERTIFY that on this d~~erSOnallY appeared
me, an officer uly aathbrized to admini oaths and ta .
ledgments and,,: ~
President d Secre ary espectively, 6f
a corpora ion to me wei lmown to be the
who executed the foregoing instrument and duly aclmowledged before
me that they executed the same for the purposes therein expressed as
the act and deed of said corporation. .."....'11,
......., ,~".;:o J'," III',,.
IN WITNE.SS~EO,F, I~.:ve hereunto set my hand all.(~~ixed.~::->~;'~,-::'
my official seal, ~ ~t;;v::;..~//~~ J' ~ said ,coun,ty and Stat,e,;,"ot'hH~ ), ".~ .~
2 (~ day of ~ , A. D. 1951. "",' : f'" ~:,;-=
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Notary Public, State of Fl-t:l;rid~ T ,'.\ ~ ".,'
at Large "I.".;,,,,
,
STATE OF FLORIDA)) SS.:
COUNTY OF DADE
I HEREHi CERTIFY that on this da~ personally appeared before
me, D. LEE POWELL and C. W. TOMLINSON, Mayor and City Clerk, respec-
tively, of the CITY OF MIAMI BEACH, a municipal corpcration under the
laws of the State of Florida, to me well lmown to be the persons
described in and who executed the foregoing instrument and duly acknow-
ledged before me that they executed the same for the purposes therein
expressed as the act and deed of said corporation.
IN vITTNESS WHEREOF, I have hereunto set my hand and af~ixed
my offi~al seal at Miami Beach~ said County and State, this ?~
~,~:",Of ''1'~ ' A. D. 1951..
"~~,~;:';~f'$SiOn expires: ~~II. {} .17/ J".. II /l 0
..... . . .....~u-. '29 1'15l./ Notary Public, St~f Florida
:,.0 'i,?;_ ~" ' at Large
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"",,,,,\\'" OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
BOOlt.3563 PAGE 410
STATE OF FLORIDA:
COUNTY OF DADE:
ss
BEFORE HE, the undersigned authority, personally appeared
EVA OBEillurn, to me well known to be the person described in and
who executed the foregoing, and acknowledged before me that she
executed the same freely and vO'luntarily ror the purposes therein
expressed.
WITNESS my hand and official seal at ~1iami Beach, Dade
County, Florida, this 16th day of January, A. D. 1952.
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" (:).... ,..,~'\ glpTI&.nission expires:
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"~~'..' r.; 1i~~~;?~~';;i~~~irs~r:~OVCo28~f 1~5~.
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L~-
~otary PUblic, State of lorida
at Large
State of Florida, County of Dade. ~
This instrument was filed for record the....~~....day of.
1952 at~:_~2.gp,." and duly recorded i"---,.,.".!2_..~.::_ r::>
Book_~-'::>-~~.on page._~~.e.File No. BB_~.~.~:..?
E. e, LEATHERMAN
~~ Court .
?-/: ~ .. - ~
By-r--------...-----.
D.e
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA