99-23092 Reso
RESOLUTION NO. 99-23092
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO SUBMIT AN APPLICATION FOR PUBLIC LffiRARY
CONSTRUCTION GRANT FUNDS FOR THE
CONSTRUCTION OF A NEW REGIONAL LffiRARY;
ASSURING THAT THE CITY WILL PROVIDE A DOLLAR-
FOR-DOLLAR MATCH OF THE GRANT AMOUNT
RECEIVED, NOT TO EXCEED $500,000; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE ANY AND
ALL AGREEMENTS RELATED TO THE GRANT, IF
AWARDED; AND APPROPRIATING SAID GRANT FUNDS,
IF AWARDED.
WHEREAS, the Mayor and City Commission have approved the construction of a regional
library to be located within the proposed Cultural Arts Campus as a project within the City's Capital
Improvement Program; and
WHEREAS, the Mayor and City Commission have contracted for architectural/engineering
services to develop design and construction documents for said regional library; and
WHEREAS, this project is eligible to receive matching grant funds of up to $500,000 from
the Public Library Construction Grants, funded through funds administered by the State of Florida,
Division of Library and Information Services; and
WHEREAS, the library grant application requires a Resolution from the Mayor and City
Commission assuring a local match of dollar-for-dollar of the grant amount; and
WHEREAS, the City is required to provide assurance that funding is sufficient and will be
available in order that the project will result in a completed library building; and
WHEREAS, assurance must be provided that upon completion of the project, sufficient
funds will be available to operate the facility; and
WHEREAS, the City must also provide assurance that the building will be used exclusively
for the public library purposes for which constructed and submit proposed changes in use to the
Division for approval, if within twenty (20) years of the completion of the project.
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NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida, hereby authorize the City Manager, or his
designee, to submit a grant application for Public Library Construction Grant funds for the
construction of a new regional library; the City of Miami Beach assures a dollar-for-dollar match
of the grant, if awarded, and that such funds will be available and unencumbered at the time of the
grant award; authorizing the Mayor and City Clerk to execute any and all agreements related to the
grant, if awarded; and appropriating said grant funds, if awarded.
APPROVED AND ADOPTED THIS 17TH DAY?JtMARCH. 19".
ATTEST: MAYOR
~~ PW-~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
. & FOR EXECUTION
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City AItomey ...:r~
F:IDDHP\$ALLIRUSSELL\RESOLlITN\LIBRARY2.RES
::;ITY OF MIAMI BEACH
;ITY HALL 1700 CONVENTION CENTER DRiVE MIAMI BEACH, FLORIDA 33139
ittp:\\ci miami-beach fl.us
COMMISSION MEMORANDUM NO.
AD~-g9
TO:
Mayor Neisen O. Kasdin and
Members oftbe City C
DATE: March 17,1999
FROM: Sergio Rodriguez
City' Manager
SUBJECT: A RESOL TION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO SUBMIT Al'i APPLICATION FOR
PUBLIC LIBRARY CONSTRUCTION GRANT FUNDS FOR THE
CONSTRUCTION OF A NEW REGIONAL LIBRARY; ASSURING THAT
THE CITY WILL PROVIDE A DOLLAR-FOR-DOLLAR MATCH OF THE
GRANT AMOUNT RECEIVED, NOT TO EXCEED $500,000;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY
AND ALL AGREEMENTS RELATED TO THE GR-\NT, IF AWARDED;
AND APPROPRIATING SAID GRANT FUNDS, IF AWARDED.
ADMINISTRA TION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
The Florida Department of State, Division of Library and Information Services, provides state funds
to governments to construct public libraries. Funds are awarded on a dollar-for-dollar match of the
grant amount to selected governments after evaluation of applications postmarked on or before April
I, 1999. Grant amounts cannot exceed $500,000. The regulations for the grant require: 1)
authorization for submission of the application; 2) assurance that the required match of dollar-for-
dollar of the grant request will be available and unencumbered at the time of grant award; 3)
assurance that funding is sufficient and will be available in order that the project will result in a
completed library building; 4) assurance that upon completion of the project, sufficient funds will
be available to operate the facility; and 5) assurance that the building will be used exclusively for
the public library purposes for which constructed, and if within 20 years of the completion of the
construction project the city proposes any changes in the use, the proposed changes will be
submitted to the Division for approval.
AGENDA ITEM
('_fA
3-11-c)9
DATE
','
COMMISSION MEMORANDUM
MARCH 17,1999
PAGE 2
A total of$II,500,000 of City funds has been budgeted for the construction of a new regional library
at the Cultural Campus, The Mayor and City Commission are now, by resolution, authorizing the
City Manager, or his designee, to submit an application to the Division of Library and Information
Services for $500,000 to assist in the construction of the new regional library at the Cultural
Campus,
ANALYSIS
The City has allocated funds and is in the process of purchasing land for the construction of a new
regional library at the Cultural Campus to be located at Collins Avenue and 22nd Street. Should the
City be awarded this grant, the Mayor and City Commission could reallocate funds budgeted for
construction to other related project needs such as park and streetscape improvements in the vicinity
of the library,
CONCLUSION:
The Administration recommends approval of the attached Resolution of the Mayor and City
Commission of the City of Miami Beach, Florida, authorizing the City Manager, or his designee,
to submit an application for Public Library Construction Grant funds for the construction of a new
regional library; assuring that the city will provide a dollar-for-dollar match of the grant amount
received, not to exceed $500,000; authorizing the Mayor and City Clerk to execute any and all
agreements related to the grant, if awarded; and appropriating said grant funds, if awarded,
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Attachment
T:'AGENDA\1999' MAR 1799\CONSENTLlBRARY.MDB
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PROJECT NUMBER: 01-PLC-05
FLORIDA DEPARTMENT OF STATE
DIVISION OF LmRARY AND INFORMATION SERVICES
PUBLIC LmRARY CONSTRUCTION
GRANT AGREEMENT
This AGREEMENT, executed and entered into t!~!-(Y ~ tJ .200',
BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter
Referred to as the DMSION, and The City of Miami Beach, Florida, hereinafter referred to as the GRANTEE.
the PROJECT:
Miami Beach Regional Library
the GRANT AMOUNT:
$300,000
Uriless there is a change of address. any notice required by this agreement sha11 be delivered to the Division of Library and
Information Services, 500 South Bronough Stree~ Tallahassee, Florida 32399-0250, for the State, and to The City of Miami
Beach, Florida, 1700 Convention Center Drive, Miami Beach, Florida 33139, for the GRANTEE. In the event of a change of
address, it is the obligation of the moving party to notiJY the other party in writing of the change of address.
The DMSION, as administrator of state funds provided under Section 257.191, Florida Statutes, has approved an application
for public library construction funds submitted by the GRANTEE, which application is by reference herein made a part of this
agreement. The GRANTEE, acting under the authority vested in it for the establishment and maintenance of a free public hbrary,
has applied for construction funds. The DMSION and the GRANTEE are willing to cooperate for the implementation of a
public hbrary construction project.
The parties hereto agree as follows:
I. The GRANTEE agrees:
A. To provide suflicien~ eligible and unencwnbered funds to be used for public hbrary construction.
B. To provide an approved site and building plans and specifications prepared by a licensed architect. Submit the
final drawings and specifications to the DMSION for review. Award a Iump-swn construction contract within
270 days from the date of execution of this agreement.
C. To provide and maintain competent and adequate engineering or architectural supervision and inspection at the
construction site to ensure that the completed work conforms with the approved plans and specifications and will
furnish progress reports and such other information as may be required by the DMSION.
D. To expend all grant funds received under this agreement solely for the purposes for which they were authorized
and appropriated. Expenditures from grant funds shall not be made for general operating expenses such as
salaries, travel, peraonnel, or office supplies. Grant funds will not be used for lobbying the Legislature, the
judicial branch or any state agency.
E. To submit changes in the construction agreement to the DMSION for approval if they:
I. alter the approved building floor space or space relationships;
2. alter the approved function or services of any part of a facility;
3. change the location, size, or quantity of any approved fixed equipment;
4. transfer funds from the approved equipment budget to the construction budge~ or vice versa;
5. affect design life safety features of the facility or requirements for elimination of architectural barriers for the
handicapped.
Page I of4
F . To include in the construction contract provisions for a Perfonnance and Payment Bond and other financial
assurances as to the contractor's ability to comply with said contract provisions, pursuant to Section 255.05,
Florida Statutes. .
G. To establish and maintain a proper accounting system in accordance with generally accepted accounting
principles.
H. To provide the DMSION, through any authorized representative, access to the site and access to and the right to
examine all records, books, papers, or other documents related to the PROmer.
1. To notify the DMSlON of the date and time of final inspection in order to afford DMSION participation in such
inspection for pwpose of concurring in the finaI acceptance of the building.
J. To provide, without discrimination, free use of the libnil)' services to all residents of the area served.
K. That it will not discriminate against any employee employed in the performance of this agreement, or against any
applicant for employment because of race, creed, color, handicap, national origin, or sex. The GRANTEE sball
insert a similar provision in all subcontracts for services by this agreement
L. To comply with the Executive Order 11988, Flood Plain Management
M. To comply with the provisions of Section 257.191, Florida Statutes, and the regulations implementing the law,
including Sections 553.501-553.513, Florida Statutes, relating to accessibility by persons with disabilities, and the
Americans with Disabilities Act of 1990.
N. To the use of the building exclusively for the public libnil)' pwposes for which constructed or altered. A change
in its use must be approved by the DMSION.
O. In the event that the GRANTEE expends a total amount of State awards (i.e., State financial assistance provided
to the GRANTEE to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such
GRANTEE, the GRANTEE must bave a State single or project-specific audit for such fiscal year in accordance
with Section 216.3491, Florida Statutes; applicable rules of the Executive Office of the Governor and the
Comptroller, and Chapter 10.600, Rules of the Auditor General. In determining the State awards expended in its
fiscal year, the GRANTEE sball consider all sources of State awards, including State funds received from the
DMSION, except that State awards received by a nonstate entity for Federal program matching requiring sha1I
be excluded from consideration.
In connection with the audit requirements addressed in the paragraph above, the GRANTEE sha1I ensure that the
audit complies with the requirements of Section 216.3491(7), Florida Statutes. This includes submission of a
reporting package as defined by Section 216.3491(2)(d), Florida Statutes, and Chapter 10.600, Rules of the
Auditor General.
If the GRANTEE expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance
with the provisions of Section 216.3491, Florida Statutes, is not required. In the event that the GRANTEE
expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance
with the provisions of Section 216.3491, Florida Statutes, the cost of the audit must be paid from non-State funds
(i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities).
II. The DMSION agrees to:
A. Provide funds, in accordance with the terms of this agreement and to the extent that the appropriation for this
project is released to the DMSION for the PROmCf. Should the GRANTEE fail to expend the amount ofIocal
funds certified in the application, the DMSION will match the local funds on a dollar for dollar basis to a
maximum of the grant award.
B. Make payments according to the schedule contained in the Libnil)' Construction Guidelines and Application
packet, subject to any special conditions stipulated by the Office of the Comptroller, State of Florida.
Page 2 of4
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C. Conduct a periodic check of the PROJECT, including participation in the final inspection, when feasible.
ill. The GRANTEE and the DIVISION mutually agree that:
A. This instrument embodies the whole agreement of the parties. .There are no provisions, tenns, conditions, or
obligations other than those contained herein; and this agreement sball supersede all previous communication,
representation, or agreement, either verbal or written between the parties. No amendment sball be effective unless
reduced in writing and signed by the parties.
B. The agreement is executed and entered into in the State of Florida, and shaI1 be construed, performed, and
enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shaI1 perfonn its
obligations hereunder in accordance with the terms and conditions of this agreement.
C. If any tenn or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement sball
rema.in in full force and effect and such teon of provision sball be deemed stricken.
D. The DIVISION sball demand the return of monies delivered and withhold subsequent payments ifviolations occur
which disqualifY the project from the grant under which they were provided, if monies were improperly expended or
managed or if records of proper expenditure are not prepared, preserved or surrendered as required by this agreement.
E. No delay or omission to exercise any right, power or remedy accming to either party upon breach or default by either
party under this agreement, sball impair any such right, power or remedy of either party; nor sball such delay or
omission be construed as a waiver of any such breach or default, or any similar breach or default.
F. This agreement sball be terminated by the DIVISION because offailure of the GRANTEE to fulfill its obligations
under this agreement in a timely and satisfactory manner unless the GRANTEE demonstrates good cause as to why it
cannot fulfill its obligations. Satisfaction of obligations by the GRANTEE sball be detennined by the DMSION
based on the tenus and conditions imposed on the GRANTEE in this agreement and cOIllpliance with the program
guidelines. The DIVISION sball provide the GRANTEE a written notice of default letter. GRANTEE sball bave 15
calendar days to cure the default. If the default is not cured by the GRANTEE within the stated period, the DIVISION
sball terminate this agreement, unless the GRANTEE demonstrates good cause as to why it cannot cure the default
within the prescnbed time period. For purposes of this agreement, <<good cause" is defined as circumstances beyond
the GRANTEE'S control. In the event of tennination of this agreement, the GRANTEE will be compensated for any
work satisfactorily completed prior to the notification of termination.
G. The DIVISION shall cancel this Agreement in the event that the GRANTEE refuses to allow public access to all
documents or other ma.terials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
GRANTEE.
H. The State of Florida's perfonnance and obligation to pay under this agreement is contingent upon an annual
appropriation by the legislature. In the event that the state funds on which this agreement is dependent are withdrawn,
this agreement is terminated and the state has no further liability to the GRANTEE, beyond that already incurred by the
termination date. In the event of a state revenue shortfall, the grant will be reduced in accordance with section
257.195, Florida Statutes.
1. Bills for fees and services must be maintained in detail sufficient for a proper preaudit and postaudit thereof.
J. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION sball not be liable to pay attorney
fees, interest or the cost of collection.
K. The DIVISION sball not assume any liability for the acts, omissions to act or negligence of the GRANTEE, its agents,
servants or employees; nor sball the GRANTEE exclude liability for its own acts, omissions to act or negligence to the
DIVISION. In addition, the GRANTEE hereby agrees to be responsible for any injury or property damage resulting
from any activities conducted by the GRANTEE.
Page 3 of4
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L. The GRANTEE, other than a GRANTEE which is the State or agency or subdivision of the State, agrees to inaemnify
and hold the DMSION harmless from and against any and all claims or demands for damages of any nature, including
but not limited to personal injury, death, or damage to property, arising out of any activities performed under this
agreement and shall investigate all claims at its own expense.
M, The GRANTEE shall be responsible for all work performed and all expenses incurred in connection with the
Project. The GRANTEE may subcontract as necessary to perform the services set forth in this agreemen~
including entering into subcontracts with vendors for services and commodities, PROVIDED TIIA T such
subcontract has been approved by the DMSION prior to its execution, and PROVIDED TIIAT it is understood
by the GRANTEE that the DMSION shall not be liable to the subcontractor for any expenses or liabilities
incurred under the subcontract and that the GRANTEE shall be solely liable to the Subcontractor for all expenses
and liabilities incurred under the subcontract.
N. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or
increases the limits of its liability, upon entering into a contractual relationship.
O. The GRANTEE, its officers, agents and employees, in perfonnance of this agreement shall act in the capacity of
an independent contractor and not as an officer, employee or agent of the DMSION. GRANTEE is not entitled
to accrue any benefits of state employmen~ including retirement benefits and any other rights or pri:viJeges
connected with employment in the State Career Service. GRANTEE agrees to take such steps as may be
necessary to ensure that each subcontractor of the GRANTEE will be deemed to be an independent contractor and
....ill not be considered or permitted to be an agen~ servan~ joint venturer, or partner of the DMSION.
P. The GRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations under this
agreement without prior written consent of the DMSION, which consent shall not be unreasonably withheld.
The agreement transferee must demonstrate compliance with the requirements of the program If the
DIVISION approves a transfer of the GRANTEE'S obligations, the GRANTEE remains responsible for all
work performed and all expenses incurred in connection with the agreement. In the event the Legislature
transfers the rights, duties, and obligations of the DMSION to another government entity pursuant to section
20.06, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be
transferred to the successor government entity as if it were an original party to the agreement.
Q. This agreement shall bind the successors, assigns and legal representatives of the GRANTEE and of any legal
entity that succeeds to the obligation of the DMSION.
R. The term of this agreement will commence on the date of execution of the agreement.
TffEG~
TIIE DMSION
Signature of Authorized Official
Neisen Kasdin, Mayor
Typed Name and Title of Authorized Official
~1 f AAcJw.-
Robert Parcher, City Clerk
~(d~ u!tchJy-
Witne
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APPROVED AS 10
FORM & LANGUAGE
afaR EXeWTIUN
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Page 4 of4
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2~~ 19821 PG.1978
RESTRICTIVE COVENANTS
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,!,HESE C,?VE!'lANTS are entered into this ~ day of Julv , 2&;f by'
Cl.ty of Mianu Beach, hereinafter referred to as "the Owner," and citVl1:1f~~ Beach
hereina~er referred to as "the Gr~!Ite~/Lessee," an.d sh.all be effective for a period of 20 y~ars from afet'b~: I a
recordatlOn by the Clerk of the Circuit Court of M1-anu-Dade (County), Florida. Cll r ,;J r U'.'; '.
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RECITALS
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WHEREAS, the Owner is the fee simple titleholder of the Property located at
See Attached A (list street address), as further described in Exhibit" A,"
attached hereto and made a part hereof (hereinafter referred to as "the Property"), and
WHEREAS, the Grantee/Lessee is to receive State Library Construction Grant funds administered by the State
of Florida, Deparunent of State, Division of Library and Information Services; R.A. Gray ~cag, 500 South
Bronough Street, Tallahassee, Florida 32399-0250, ("the Deparunent") in the amount of $ f ,1J(). ~ ; and
WHEREAS, "aid funds have been or will be used for the < construction of a new public library or expansion
or remOdeq~ of a~xisting public library> on the Property as provided in Library Construction Grant 1)ward
Number '1 n <f . ./
NOW THEREFORE, as part of the consideration for the grant, the Owner and the Grantee/Lessee make and
declare the following restrictive covenants which shall run with the title to said Property and be binding on the Owner
and its successors in interest, if any, for the period stated in the preamble above:
1. The above Recitals are incorporated herein as if fully set forth.
2. The Owner and the Grantee/Lessee agree to maintain the Property so that it continues to be used for a
public library.
3. The Owner and the Grantee/Lessee agree that the Department, its agents and its designees shall have the
right to inspect the Property at all reasonable times in order to ascertain whether the conditions of the grant
and these covenants are being observed.
4. The Owner and the Grantee/Lessee agree that these restrictions shall encumber the property for a period of
20 years from the date of recordation, and that if these restrictions are violated within the 20 year period,
the Deparunent shall be entitled to liquidated damages pursuant to the following schedule:
a. If the violation occurs within the first ten years of the effective date of these covenants, the
Deparunent shall be entitled to the return of the entire grant amount.
b. If the violation occurs after the first ten years, the Deparunent 'shall be entitled to return of the
entire grant amount, less 10 percent for each year past the first ten. For example, if the violation
occurs after the tenth anniversary of the effective date of these covenants, but prior to the twelfth
anniversary, the Department shall be entitled to return of 80 percent of the original grant amount.
5. In the event of a violation of these restrictions after the first ten (10) years, the Department shall release the
Owner and the Grantee/Lessee from their obligation to pay to the Department liquidated damages in
accordance with paragraph 4 of these Restrictive Covenants if the Grantee/Lessee can demonstrate that
public library service is available at an equal or higher level through another facility in the library service
area.
Library Construction Grants Guidelines & Application
DLlS/PLCOl, Effective 2/14/99
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a~~ 19 8 21 PG. 1979
6. The Owner agrees to file these covenants with the Clerk of the Circuit County of the < County> , Florida,
and shall pay any and all expenses associated with their filing and recording.
7. The Owner and Grantee/Lessee agree that the Department shall incur no tax liability as a result of these
restrictive covenants.
In witness whereof, The Owner and the Grantee/Lessee have read these Restrictive Covenants and have hereto
affixed their signatures.
WIT
OWNER:
~~naJ~ed~~
Jorge M. Gonzalez' (City Manager)
By:
Witness Si nature
~~U^L
Witness Name Typed/Printed
By: ~ -----_#_
~s Signature
ftt)~ ~I'-r-
Witness ame Typed/Prmted
Title of Authorized Official
City of Miami Beach
Owner's Name
1700 Convention Center Drive
Owner's Address
Miami Beach, Fl 33139
City State
Zip Code
The State of Florida
County of HlfjA4J - .bH'blE
I certify that on this date before me, an officer duly authorized in the state and county named above to take
acknowledgments,. ;;7dlt(!J.6 (;,,;J~Lt!;>;> , ,personally
(Name)
appeared as en'"'' WJ'J..lA& e..t- for (! / 7Y 0" ,t.-f1;9- ,'..n ,{;1, """ A-d.JL
(Officer) (Name of Corporation/Partnership
and that said person is personally known to me or proved to my satisfaction that he/she is the person described in and
who executed the foregoing instrument.
Type of Identification Produced if not personallv known: ..
, Florida on VV L.. Y ..2.;>" ,2~
HE.lttE~il' A. fDVC It NA
Notary Public in and for
The State of F L 0 IC-J J.a-
Executed and sealed by me at /1/RMJ -6/14/1
APPROVED AS TO
FORM & lANGUAGE
. FOR EXECUTION
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Library Construct.
DLIS/PLC01, E
~~~ 198 21 PG. 1980
EXHffiIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Lots 4, and 6 through 12, MIAMI BEACH
IMPROVEMENT COMPANY SUBDIVISION,
as recorded in Plat Book 5, Page 7, Public
Records of Miami-Dade County, Florida, also
know as Lots 4 and 6, Block 2, AMENDED
PLAT OF THE OCEAN FRONT PROPERTY
OF THE MIAMI BEACH IMPROVEMENT
COMPANY, according to the plat thereof, as
recorded in plat Book 5, Page 7, Public Records
of Miami-Dade County, Florida.
FiflCOADED IN OFFICIAL. RECa:IDS 80ClK
OP OADE. CCJI.AtIT'Y, R.CRIOA.
~'CORQ VERIFIED
HARVEY RUVIN
CLERK CIRCUIT COURT
Library Construction Grants Guidelines & Application
DLIS/PLeO!, Effective 2/14/99