Modificatin /Amend to Agreement
MODIFICATION AND AMENDMENT TO AGREEMENT
THIS AGREEMENT, made and entered into this 20th day of
March, 1957, by and between MIAMI BEACH FEDERAL SAVINGS AND LOAN
ASSOCIATION, a corporation organized under the Laws of the United
'$.
states of America, hereinafter referred to as the SELLER, and the
CITY OF MIAMI BEACH, FLORIDA, a Municipal Corporation, hereinafter
referred to as the PURCHASER, its reSPective successors, legal
representatives and assigns, wherever and whenever the context
so requires or admits.
WIT N E SSE T H
Whereas the parties hereto did heretofore, to wit, on
the sixth day of March, 1957, enter into a certain purchase and
sale agreement wherein the Purchaser agreed to purchase Lots 19,
20, 21 and 22, Block 54 of FISHER'S FIRST SUBDIVISION OF ALTON
BEACH, less a certain excepted parcel of land therefrom; and which
agreement so referred to is hereby incorporated herein by reference;
and
WHEREAS the parties hereto, for and in consideration
of the mutual covenants therein and herein contained and set
forth, do mutually desire to modify and amend the hereinabove
referred-to agreement,
NOW, THEREFORE, in consideration of the premises, it
is hereby mutually agreed and covenanted by and between the parties
as follows:
1. That said agreement heretofore entered into by
and between the parties and herein referred to, shall read as
follows, to wit:
"Lots 19, 20, 21 and 22, Block 54 of FISHER'S
FIRST SUBDIVISION OF ALTON BEACH, according
to the Plat thereof, recorded in Plat Book 2,
page 77 of the Public Records of Dade County,
Florida; TOGETHER with the right of ingress and
egress to and from Collins Avenue and the rear
of Lot 19 hereinabove described over and across
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OFFICE OF CITY ATTORNEY - CITY BALL - MIAMI BEACH 39. FLORIDA
that certain 20 foot alleyway running from the
east side of said Lot 19 to Collins Avenue and
more particularly described as the south 20 feet
of the north one-half of Lot 4, Block 54 aforesaid;
less a parcel of land described as follows:
Commencing at the point where the North lot line
of Lot 19 meets the West lot line of Lot 19, then
proceed along the westerly lot lines of Lots 19
and 20 for a distance of 100 feet; thence East,
paralleling the North lot line of Lot 21, a
distance of 94 feet; thence North, paralleling
the westerly lot lines of Lots 19 and 20, a
distance of 100 feet to the North lot line of
Lot 19; thence West, along the North lot line of
Lot 19 to the point of beginning, being a parcel
of land 100 feet running North and South by 94 feet
running East and West, all of which will be more
particularly described by a survey to be attached
to this contract and furnished at the expense of
the purchaser, at or before the final execution of
this agreement.1I
2. That that portion of said agreement herein referred
to and incorporated herein by reference presently reading as
follows, to wit:
1I...such easement to be nine (9) feet in width and
to be used at all times in common with the purchaser,
its successors and assigns, and to provide vehicular
ingress and egress to a street or alley to and from
the parcel of land heretofore described and referred
to as a tract being 104 feet by 94 feet and not
included in the land to be so conveyed."
shall be modified and amended to read as follows:
"...such easement to be nine (9) feet in width and
to be used at all times in common with the purchaser,
its successors and assigns, and to provide vehicular
ingress and egress to a street or alley to and from
the parcel of land heretofore described and referred
to as a tract being 100 feet by 94 feet and not
included in the land to be so conveyed."
3. That that portion of said agreement herein referred
to and incorporated herein by reference presently reading as
follows, to wit:
IISaid deed of conveyance shall contain a provision,
however, that regardless of the change of location of
the easement providing for ingress and egress as
aforesaid, said easement shall at all times be over
and across that portion of the land to be conveyed
described, bounded as follows, and hereinafter referred
to as Parcel IIAII:
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39. FLORIDA
Commencing at a point on the northerly line of said
Lot 19, said point being a distance of 94 feet from
the northwesterly corner of said Lot 19; thence southerly,
paralleling the westerly line of said Lots 19, 20 and 21,
a distance of 104 feet; thence easterly, paralleling
the North line of said Lot 19, a distance of 20 feet;
thence northwardly, paralleling the westerly line of
said Lots 19, 20 and 21, a distance of 104 feet to a
point on the northerly line of said Lot 19; thenoe
westerly along said northerly line of said Lot 19, a
distanoe of 20 feet to the point of beginning."
shall be modified and amended to read as follows:
"Said deed of oonveyance shall oontain a provision,
however, that regardless of the ohange of location
of the easement providing for ingress and egress as
aforesaid, said easement shall at all times be over
and across that portion of the land to be conveyed
desoribed, bounded as follows, and hereinafter referred
to as Parcel "A":
Commenoing at a point on the northerly line of said
Lot 19, said point being a distanoe of 94 feet from
the northwesterly corner of said Lot 19; thenoe southerly,
paralleling the westerly line of said Lots 19 and 20,
a distance of 100 feet; thence easterly, paralleling
the north line of said Lot 19, a distance of 20 feet;
thenoe northwardly, paralleling the westerly line of
said Lots 19 and 20, a distanoe of 100 feet to a
point on the northerly line of said Lot 19; thence
westerly along said northerly line of said Lot 19, a
distanoe of 20 feet to the point of beginning."
4. That that portion of said agreement hereinabove and
herein referred to, presently reading as follows, to wit:
"Said deed shall also grant to the purohaser, its
suocessors and assigns an easement for passage, ingress
and egress in oommon with the grantor, its suocessors
and assigns, in, to, over and upon the southerly five
(5) feet of the paroel of land heretofore described and
referred to as a tract being 104 feet by 94 feet and not
included in the land to be oonveyed, to and from
Washington Avenue and the land hereby agreed to be
oonveyed."
be and the same is hereby deleted therefrom and that there is
substituted in lieu and in place thereof the following paragraph:
"Said deed shall also contain a provision that the
Purchaser, its successors and assigns, oovenants that
the Purohaser grants unto the Seller, its successors
and assigns, reasonable aocess for pedestrian travel,
for the use of the licensees, invitees and permittees
of the respeotive parties hereto, their successors
and assigns, on, upon and over the following parcel
of the land herein agreed to be conveyed, said parcel
being described as follows, to wit:
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39. FLORIDA
Commence at the point where the North lot line
of Lot 21 meets the West lot line of Lot 21,
then proceed along the westerly lot line of
Lot 21 for a distance of six feet, thence East,
paralleling the North lot line of Lo~ 21, a
distance of 94 feet, thence North, paralleling
the westerly lot line of Lot 21 a distance of
six feet to a point on the North lot line of
Lot 21, thence westerly along said North line
of said Lot 21 a distance of 94 feet to the
point of beginning, said parcel being hereinafter
referred to as Parcel "B".
PrOVided, however, that the Purchaser, its successors and
assigns, shall have the right to place, construct, replace
and maintain metered parking facilities for automobiles
in and upon said Parcel "B", in such manner, however, so
as not to unreasonably impede or prevent the free passage
of pedestrians over and upon said Parcel liB"; and further
provided, that the Purchaser, its successors and assigns,
shall have the right to place, construct, reconstruct,
erect and thereafter maintain any structure in, upon,
over or under said Parcel "B" or any portion thereof,
and that any structure or structures and supporting
members thereof to be placed in, on, over or under said
Parcel "B" shall not materially obstruct or prevent the
free passage of pedestrians thereon."
5. It is further mutually understood and agreed by and
between the parties hereto that there is a present existing
encroachment of 0.04 feet over and upon said Lot 21, as shown by
that certain survey of said Lots 19 and 20 prepared by Zurwelle-
Whittaker, Inc. under date of July 25, 1955, which survey is
hereby incorporated herein by reference. The parties hereto
mutually covenant and agree that the Seller, its successors and
assigns, may maintain said encroachment during the lifetime of the
existing structure shown and referred to in said survey.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be signed.
Signed, Sealed and Delivered
in the Presence of:
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MIAMI BEACH FEDERAL SAVINGS
CP AS~OCIA?ON /S~AL)
By ~ ~ "~Id,y( /~
r s en ,
V
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C y Cl
CITY OF MIAMI BEACH ~AL)
By;;rA~
Mayor
Attest:
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39. FLORIDA