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DD 30 C Agreement (2) ", BOOK3236 ?AGE387 , . THIS AGREENENT, Made and entered into this /f):;h day of ~ A. D. l~bY and between A. FRANK KATZEI'ITINE and UCOLA KATZENTlNE, his wife, Partiesof the first part, hereinafter referred to as the II Owner II , and the CITY OF MIMH BEACH, a Florida Hunicipal Corporation, Party of the Second part, herein- after referred to as the "Cityll, WIT N E SSE T H I'lHEREAS, the II O\mer" is the o'mer of the fee simple title in aDd to the following described land, situate, lying and being in the City of Miami Beach, County of Dade, State of Florida, to-wit: Lots Thirteen (13), Fourteen (l~), Fifteen (15) and Sixteen (16) of Block Three (3) of the SECOND OCEAN FRONT SUB- 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 City Council of the City of Miami Beach deems it to be to the best interest of the IICityll to acquire, for the use of the pUblic, an easement across . . Bom\3~8~ ?AGE388 ., the easterly portion of said land, for the purpose of widening Indian Creck Drive, a public street in said City, for street and side~Talk purposes, said easterly portion of said land being hereinafter more fully described, and vJHEREAS, 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 "Cityll, at the IICity1sll expense, of a tract of submerged land now lying westerly 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 "Cityll 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 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, 800l<32:3fi PA;E3S9 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 procured by the City at the City's ex- pense, 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 submerged land bounded as follows: certain tract of 0 qa..c.t.. I I ~ letb..... Bounded on the westerly side by a portion of ~ ~ f.. ~ a line described as follows: Beginning at a point on the westerly extension of the southerly line of Lot Eleven (11), Block Three (3), Amended Plat of Second Ocean Front Subdivision, according to plat thereof re- corded in plat book Twenty-eight (28), Page Twenty- eight (28) of the Public Records of Dade County, Florida, said point being on the westerly side of the bulkhead which is twenty (20) feet, more or less, westerly of the westerly line of said Block Three (3); thence run in a northerly direction along the westerly side of the bulkhead to a point on the westerly extension of the northerly line of Lot Fifteen (15) of said Block Three (3), said point being thirty-one (31) feet, more or less, westerly of the westerly line of said Block Three (3); thence run in a northerly direction along the westerly side of the bulkhead to a point on the westerly exten- sion of the northerly line of Lot sixteen (16) of said Block Three (3), said point being thirty-one (31) feet, more or less, westerly of the westerly line of said Block Three; bounded on the southerly side by the wes- terly extension of the southerly line of Lot Thirteen (13) of said Block Three (3) to its intersection with the above described westerly boundary, said point of intersection being thirty-five (35) feet, more or less, westerly of the westerly line of said Block Three (3); bounded on the northerly side by the westerl~ extension of the northerly line of said Lot Sixteen (16) to its intersection with the above described westerly boundary, said point of intersection being thirty-one (31) 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); which tract is shown as the area bounded in red on the attached blueprint. 0.:,'",(' C)1'(\ 300.!< ~j.<!\)I) ~V,r;~, ;_~:~.J 8001{323fi f'AGE391 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 "Owner" 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 bulkheading and filling but excluding the part thereof to be used for street purposes as herein contemplated) and the "O"mer" waives any and all objections to the legality of the assessment herein provided for, and the power and authority of the "Ci~y" 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 "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), ~d said assessment lien of the Heity" 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 3'YJ6 90') 8001(. "":) P.lICE.J;Y,..I "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 "Ovmer'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 2t 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 time? provided, however, that the principal amount 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, cow~enced 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 "Cityll. 6. a. The Keity" will bulkhead and fill said tract of submerged land referred to in Paragraph 2 above ~ Ie ,1\5 Q. fI? I~ up to an elevation of at least 2.5 feet above mean high water. BOOl(328G PAGE393 7. If any part of the land described in the Deed of Dedication deposited as above recited shall be entered upon by the "ei ty" and 'I-Tork shall be commenced for the purpose of widening Indian 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 '\'Test of "O'lmer I 5" land as contemplated hereby. 8. The right of the City to assess the cost of bulkheading as herein contemplated against the "O'!mer IS" land shall not be dependent upon the beginning or comple- tion of the '\Jork of 'I'Tidening Indian Creel{ Drive, but if the "City" commences the 'I'lOrk 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 ;:j.gainst "O'lomer I 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 1I0vmerll shall have the right to 'I-Ti thdrau the Deed of Dedication deposited as above recited 1',i th the City Clerk of the City, upon demand and "lithout prior notice. 11. If at any time prior to actual commencement of the work upon the ground, the 11 Ci tytt shall determine not to undertake the work of bulkheading and filling herein con- templated, it shall return the Deed of Dedication deposited as above set forth to the "O'lomer" \fhereupon this agreement shall be at an end and there shall be no liability on the part of the lICi ty" to the "Ovmer". Boo:~3236 PAGE394 12. After June 1, 195'0, 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 sdlely upon the Deed of Dedication hereunder, provided the "City1' 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 vTi th notice hereof or of any claim or in- terest in said lands by virtue hereof on the part of said "ei ty" and thereafter all persons dealing ,.,i th the "0,mer" relative to the "0vmer' s" property sh.3.ll 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 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'\'merll 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 "0'\'mers" in the event such should become proper by reason of the nCity's" failure to do the work contemplated. 13. "Owner's" property '\'Thich is to be used for street and sidewalk purposes is described as follows: 'rh. .atet'ly th~"J (;)O)t'MtGt Lot... i'<1"~" \. 1~). .tQu:rt.~n H). f: tt.... UrH ,ntl d.;;1\Men (1.e) of ,k\Ck 't,.. (;t) or tbe" ,;f;S'Aft!i,;,fa, 'Vi G!i...~ :tl(::; t (, he A".rd., ?;J.at t.~"....l. ...~~JM 1n .1.' ~~ .ell .t t*.. SIC., 0';" '1_ ~frubl.1o teG()l"d. oE Ul1(cl. C("-mt1. " ;'1, i(:J,~~d.. l:;!,. MJ.d t,trt1 (~)lt";t btl1,~;' ~i.t"e4 .., r'f)"~' .n~1e.. to t:rHt .fu.~.!"l;1 l'.t.o 0 .""l.'I'IhDf;:r1W....~.. ltl\ :.11 ;'J.a.t. (mli\t!, l>I,t:.~ Cr~ ft, . ,;\ BOOK3286 PAGE395 11: 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 HITNESS i'JI-IEREOF, the several parties have here- unto set their respective hands and seals as of the I D-,..( day of ~~:~~r~ A. D. 19-='. G '~"1 .. l 1/1:s'~ Inthe~p~)pce of: :If pd S'f:" t. ~~~hl (Seal) . r '\. MIAHI BEACH ~f ~. "\ ,. . ,,",.li(~, " . , , ", .... ......- By T r t" : ~ j t ~: '" ~ ~~ --~~...~~' City Clerk - *' ,.. , . ..", '.. ll:,t€st: , ~ . 32....C. , 3f\C BOOK ,.:)0 Pi,GEI ,Y'U STATE OF Florida COUNTY OF Dade I HEREBY CERTIFY, That on this day personally SS appeared before me, an officer duly authorized to administer oaths and take ac~~owledgments, A. FRANK KATZENTINE and UeaLA KATZENTINE, his wife, to me well known to be the persons 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. WITNESS my hand and official seal at Miami, County of Dade and State of Florida 'l~ay of ~ A. D. 19~ , this State My commission expires: 7l.ri, d-II IfS-;' State cf r:~;!l (';:il',,/ of Daje. ~~:~o:"~ ,/~-At'~dj . 2~' r', " BO~k~~ ~'6 -',;' c"' .;fR~, E. '~~ L ~., r1G" d,::r~ ~ . // ?//. , ,. , , Ckn\ ::"':CUli; \.,,-':"';,i .... .D,C.