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DD 30 D . ' " BOOK3285 PAcE153 " , '. THIS AGREEMENT, Made and entered into this 3/~ day of January A. D. 1950, by and bet''leen GEORGE 3. DO~JG-:~ and TTiIT, Trl\J :-'()T1G":."i' "'-_.'..:Jw.__.:Jl' _j .,...1 .t.l, DiJsband and 'rife, Partiesof the first part, hereinafter referred to as the II Owner II , and the CITY OF HIM>!! BEACH, a Florida Municipal Corporation, Party of the Second part, herein- after referred to as the l1Cityll, WIT N E SSE T H : l'IHEREAS, the 11 Oimerl1 is the mrner of the fee simple title in and to the follovTing described land, situate, lying and being in the City of Miami Beach, County of Dade, State of Florida, to-wit: Lot Seventeen (17) of Block Three (3) of"j:~OITtJ OC:S'LTT F}lOIJT SUBDIVISION, ac- cording to the Amended PInt thereof recorded in Plat Book 28, at page 2~, of the Public Records of Dade County, Florid a, and vlHEREAS, the City Council of the City of Miami Beach deems it to be to the best interest of the IICity" to acquire, for the use of the public, an easement across BOOK3285 PAGE154 ~. ';, the easterly portion of said land, for the purpose of widening Indian Creck 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 "Owner" 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 nCity", at the "City's" expense, of a tract of submerged land now lying "resterly 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 n Ci ty" for the street and sidewalk pur- poses hereinb~fore referred to, said fill to consist of material to be drcdged from Indian C~eek 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 nCitytl 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 "Citytl 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 thetlCity", BOOK3285 PAGE155 NOW, THEREFORE, in consideration of the mutual cove- nants hereinafter set forth, the parties agree as follows: 1. The "Ownerll 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 lICity" shall have certified to him, in writing, that the filling and bulkheading to the west of "0vlner r s" 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 II 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: BounDED OlTrp1i!: ,"lesterly sir3,e by a portion of the line des- cribed as follows: Beginnin:': at 3. point on the 'T8~terly extension of the sou therly line of Lot Seventeen (17), Block 'rhree (3) of the A:;ended Plat of the Second Ocean Front Subdivision, according to plat thereof" recorded in Plat Book T1:Jenty-eight (2'3), Page T1lfenty-eight (20), of the Public Records of Dade County, Florida, said point being thirty-one (31) feet westerly of the westerly line of said Block Three (3); thence ru::.'l in a northerly direction to a point on the westerly extension of the northerly line of Lot Eighteen (18), of said B'ock Three (3), said point being thirty- one (31) feet ,.resterly of the ':Iesterly line of said Block 'fhree (3)i bounded on the southerly side by the westerly extension of the southerly line of said Lot Seventeen (17) to its intersection with the above described westerly boundary, said point of inter- section being thirty-one (31) feet westerly of the westerly line of said mocl~ J'hree (')): bounded on the northerly side by the Hesterly extension or' tl1e nortlcerly line of saic1 Lot Seventeen (17), to its intersection vrith the above described vresterly boundary, said point of intersection being thirty-four (34)feet, more or less, westerly of tho westerly line of said Block Three (3); bounded on the easterly side by the ,"Jesterly line of said BIod: Three U), 8001(3285 PAGE156 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 "Ownerll hereby waives any and all irregu- larity and defects in the various proceedings incidental to the assessing of the "Owner's" property (including additions made by bul~1eading and filling but excluding the part thereof to be used for street purposes as herein t:ontemplated) and the "O"merll waives any and all objections to the legality of the assessment herein provided for, and the power and authority of the llCityll to make such assess- ment, and the 1l0wner" further waives any and all notices required for the purpose of making a final, binding and valid assessment against said lands for bul~1eading 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 "Owner's" property (including additions made pursuant to the plan above set forth and excluding the portion thereof to be used for street and sidewalk purposes), end said assessment lien of the "City" 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 whatsoever, 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 EOOK3285 PAliE157 "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 1I0wner'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 onnum, payable annually upon sums remaining from time to time ll.'1paid, provided the 1I0"merll shall have the option to pay the entire assessment 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 bulF~ead. 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 thot 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 consurr~ated 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". BOOK3285 PAGf158 7. If any part of the land described in the Deed of Dedication deposited as above recited shall be entered upon by the "Ci tyll and \'JOrk shall be commenced for the purpose of widening Indian Creek Drive, then the City shall be obligated to complete the same and to carry forl:1ard to completion the ':fork of bull<:heading and filling to the vTest of "0Hner' Sll land as contemplated hereby. 8. The right of the City to assess the cost of bulkheading as herein contemplated against the 1I01:mer' Sll land shall not be dependent upon the beginning or comple- tion of the Hork of ,'Tidening Indian Creek Drive, but if the IICityll commences the 1:TOrk of bnlkheading 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 "0lmer I Sll 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 bull{heading herein contem- plated shall not have been substantially completed by the date mentioned in Paragraph 9 above, then the "Olmer" shall have the right to ,'Ti thdrai! the Deed of Dedication deposited as above recited vTi th the City Clerk of the City, upon demand and "ri thout prior notice. 11. If at any time prior to actual commencement of the vTork upon the gronnd, the II Ci tyll shall determine not to nndertake the work of bulkheading and filling herein con- templated, it shall return the Deed of Dedication deposited as above set forth to the "Olmer" "Thereupon this agreement shall be at an end and there shall be no liability on the part of the "Ci tyll to the 11 Ovmer II . eooK3285 PAGE159 " '. 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 desc~ibed 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 \:lith notice hereof or of any claim or in- terest in said lands by virtue hereof on the part of said "Ci ty" and thereafter all persons dealing 'vi 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 t;ime 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 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 "0'\!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 "O'\!mers" in the event such should become proper by reason of the "City'sll failure to do the work contemplated. 13. "Owner's" property vlhich is to be used for street and sidewalk purposes is described as follows: The easterly Thirty (30) feet of Lot Seventeen (17), Blocle Three 0) of theJECOIU OCEAH FHOHT SD-BDIVISION, according to the lilllended Flat there- of, recorded in Plat Book 28, at page 28, of the Public Records of Dade County, Florida, the above mentioned thirty (30) feet being ~easured at right angles to the \!esterly line of Harding Drive, as shovm on said Flat, (now Indian Creek Drive). " 8001<3285 PAGE160 " l~ Each and all of the terms and conditions hereof shall be valid and binding and shull 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 W}illREOF, the several parties have here- 3101- unto set their respective hands and seals as of the day of January A.D.19'i'O. / ~~0~~al) ~- ~- /~ ~f2e "r (Seal) \. " ~~ ~c-w,~ iJ ~r~_~. fl.!;" f/. ~~ . /J r/l-- Witnesses ast:p\' ,,~ ~dge By .~ V ~-,Q 0 . \,,_ '-<1 IIcrl N6 Mayor " ' -:0 -1-: At'~lDY~- /I.J, ";'"'' ,..... " ""'"'' "", ,\1;.', :; ,e '\ ~ " ".. \t e. 6< )::;; ,,,~; -{ cfty Clerk BOOK3285 PAGE161 .- .' . STATE OF fj L-..... ~ COUNTY OF ~ . . SS I HEREBY CERTIFY, That on this day per~onally appeared before me, an officer duly authorized to administer oaths and take aCknowledgments, GEORGE B. DODGE _ " TTT ;]1 r~n:;;:g, l l' . ~: to me well known to be the person, described in and who executed the foregoing instrument, and acknowledged before me that he, executed the same freely and volun- tarily for the purposes therein expressed. WITNESS my hand and official seal at ;;ho1 L'" -. County of ~ and state of "') /J . 7/to-. .D. , this 31 ~ day of January A. D. 19 50. MY. cqmmission ."~",~~\~';Uf~:.,~~",, . \\.:;J',!I:',~'I"i~ _ C:'i!;~~ .J r" ':1 , .. "O'lPif"<:t b\',. . --.\ ,...~",;,~"+~<>.""...~iI .~;~. ..... ,," ".-.: .,"/ Cl't to n y\ ,,; . Il, It ....... ....., ~' ~.< ~ ! I' It n \...- \ : ~'~ v ~ .... ""', ;>" '. ...>t ~,." .............~.."~~ \.. ',' " F L 1"'\ ~\~. . /J}.J. yr~~ Notary Public, State of expires: : ~ J,. i '.,. ". 'j !";~ , f. BOOK 3285 PAGE 162 STATE OF MASSACHUSETTS: .f / SS COUNTY OF~/A-tL I HEREBY CERTIFY that on this d~ personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, HELEN DODGE, to me well known to be the person described in and who executed the foregoing instrument, and acknowledged before me that She executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at ~~ said '''~l~~ty and State, this 0J..e:j~ day of ~~ A. D. 1950. Ilt{ l '. I:.~ tI" ,1,// .~ \....~...,~........ /,.... '/ , ,.' ,"'.{ u;... r,," .,..... \, ~..< ,,'1' }, C',~~....., .~ -..;;..... ;.. ~ . 17 ;"'-~';..-... -:: ~ 1 e .~:S:I ::Y~~l " f""," "', , -... ~ .' " >~::~~::~, '., (/'.......<1. S'I.'-;.."-- '?- .....~ .. ,,1"\ .........~., ~ .....:.' . 'i;;.'.~'J1f.commission expires: ~,j/'1/ /c:?.F.J" ~/I~ Notary Pub1f , State of Massa setts State of Florida, County of Dade: da of ~ This instrument was filed for record the___~~ 1950 at:.~_~_~#1tJ and duly recor~ed 10.__________ 02 ~ L ''';>-2.. 0 6-on page...L_~~Flle No, Z.s::d!.. - Boo~______A!_.______. E. B. L.EATHERMAN Clerk Circuit Court D '). . ~;___,:- __~_.__d=---,.n.c. .,..o:._...:.~-~-_..."_._-'"