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Resolution 95-21835RESOLUTION NO. 95 -21835 A RESOLUTION OF THE MAYOR AND CITY COMIVHSSION OF THE CITY OF MIAMI BEACH, FLORIDA GRANTING A PERPETUAL EASEMENT TO THE CITY BY WORLDINVEST JOINT VENTURE ( "WORLDINVEST ") FOR USE AS AN AT -GRADE PEDESTRIAN WALKWAY APPROXIMATELY FIFTEEN FEET IN WIDTH RUNNING ALONG THE DUNE LINE NEAR THE EASTERN BOUNDARY OF THE PROPOSED IL VILLAGGIO PROJECT ( "PROJECT ") TO BE LOCATED SOUTH OF 15TH STREET AND EAST OF OCEAN DRIVE; GRANTING A PERPETUAL EASEMENT TO THE CITY BY JEFFERSON PLAZA LIMITED ( "JEFFERSON PLAZA ") FOR USE AS AN AT- GRADE PEDESTRIAN WALKWAY APPROXIMATELY FIFTEEN FEET IN WIDTH RUNNING ALONG THE DUNE LINE NEAR THE EASTERN BOUNDARY OF THE PROPOSED THE STEPS PROJECT TO BE LOCATED NORTH OF 15TH STREET AND EAST OF COLLINS AVENUE; THE RELEASE OF A PRIOR EASEMENT HELD BY THE CITY OVER A PORTION OF THE PROJECT; THE GRANTING OF A PERPETUAL EASEMENT TO THE CITY BY WORLDINVEST OVER A PORTION OF THE PROJECT FOR .PUBLIC ACCESS TO THE BEACH; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE TRI PARTY AGREEMENT BETWEEN WORLDINVEST, JEFFERSON PLAZA, AND THE CITY WHICH PROVIDES FOR AMONG OTHER THINGS, THE AFOREMENTIONED EASEMENTS AND THE DEVELOPMENT BY JEFFERSON PLAZA OF A MODIFIED CUL-DE -SAC ON 15TH STREET EAST OF OCEAN DRIVE, INCLUDING LANDSCAPING AND LIGHTING, AND THE DEVELOPMENT BY WORLDINVEST OF A PEDESTRIAN VEHICULAR ACCESSWAY AND DUNE CROSSOVER WITH LANDSCAPING TO BE LOCATED ON A PORTION OF THE PROJECT AND ON CITY PROPERTY, RESPECTIVELY; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE GRANT OF PERPETUAL EASEMENT TO THE CITY BY WORLDINVEST FOR USE AS A PUBLIC SIDEWALK ALONG THE WESTERN BOUNDARY OF THE PROJECT. WHEREAS, the City's Joint Design Review/Historic Preservation Board and Board of Adjustment have approved, in concept, the proposed easements and public improvements associated with the 11 Villaggio Project, located south of 15th Street and east of Ocean Drive; and WHEREAS, the City desires to improve vehicular and pedestrian access to the beach at 15th Street in an attractive, well- designed manner; and WHEREAS, the acceptance of the attached Tri-Party Agreement and Release of Easement and the acceptance of a perpetual easement to the City by Worldinvest for use as a public sidewalk sets in place the appropriate provisions to ensure the proper development and maintenance of these easements and improvements. NOW, TJ L REFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: Section 1. The Mayor and City Commission approve the attached Tri-Party Agreement and Release of Easement which provides for, among other things: a) The granting of a perpetual easement to the City by Worldinvest Joint Venture for use as an at -grade pedestrian walkway across that certain parcel of land approximately fifteen (15) feet in width running along the dune line near the eastern boundary of the proposed 11 Villaggio Project to be located south of 15th Street and East of Ocean Drive; and b) The granting of a perpetual easement to the City by Jefferson Plaza Limited for use as an at -grade pedestr an'v ?kway across that certain parcel of land approximately fifteen (15) feet in width running along the dune line near the eastern boundary of the proposed The Steps Project to be located north of 15th street and east of Collins Avenue; and c) The release of a prior easement held by the City over a portion of the 11 Villaggio Project and the granting of a perpetual easement to the City by Worldinvest Joint venture over a portion of the 11 Villaggio Project commencing east of the cul -de -sac at the intersection of 15th Street and Ocean Drive and continuing eastward over the dune line for public access to the beach; and 2 d) The development by Jefferson Plaza Limited of a modified cul -de -sac on 15th Street east of Ocean Drive, including landscaping and lighting, and the development by Worldinvest Joint Venture of a pedestrian vehicular accessway and dune crossover with landscaping to be located on a ten (10) foot portion of the City property and a ten foot portion of the Il Villaggio Project. Section 2. The Mayor and City Clerk are authorized to execute the attached Tri -Party Agreement and Release of Easement and all necessary documents. Section 3. The Mayor and City Commission approves the granting of a perpetual easement to the City by Worldinvest Joint Venture for use as a public sidewalk across that certain parcel of land along the western boundary of the proposed 11 Villaggio Project to be located south of 15th street and east of Ocean Drive. Section 4. The Mayor and City Clerk are authorized to execute the attached Grant of Perpetual Easement for Sidewalk Purposes. PASSED and ADOPTED this 6th ATTEST: DJT/kw C :iwpwin60\resos\ilvillag.gio day of December ,1995. FORM APPROVED LEGAL DEPT. By 'l'�'1 Date CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. q a -(15 TO: Mayor Seymour Gelber and Members of the City Commission DATE: FROM: Jose Garcia - Pedrosa City Manager SUBJECT: December 6, 1995 A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida Granting a Perpetual Easement to the City by Worldinvest Joint Venture ( "Worldinvest ") for Use as an At -Grade Pedestrian Walkway Approximately Fifteen Feet in Width Running Along the Dune Line Near the Eastern Boundary of the Proposed I1 Villaggio Project ( "Project ") to be Located South of 15th Street and East of Ocean Drive; Granting a Perpetual Easement to the City by Jefferson Plaza Limited ( "Jefferson Plaza ") for Use as an At -Grade Pedestrian Walkway Approximately Fifteen Feet in Width Running Along the Dune Line Near the Eastern Boundary of the Proposed The Steps Project to be Located North of 15th Street and East of Collins Avenue; the Release of a Prior Easement Held by the City Over a Portion of the Project; the Granting of a Perpetual Easement to the City by Worldinvest Over a Portion of the Project for Public Access to the Beach; Authorizing the Mayor and City Clerk to Execute the Tri -Party Agreement Between Worldinvest, Jefferson Plaza, and the City Which Provides for, Among Other Things the Aforementioned Easements and the Development by Jefferson Plaza of a Modified Cul -De -Sac on 15th Street East of Ocean Drive, Including Landscaping and Lighting, and the Development by Worldinvest of a Pedestrian Vehicular Accessway and Dune Crossover with Landscaping to be Located on a Portion of the Project and on City Property, Respectively; and Authorizing the Mayor and City Clerk to Execute the Grant of Perpetual Easement to the City by Worldinvest for Use as a Public Sidewalk Along the Western Boundary of the Project. RECOMMENDATION The Administration recommends approval of the Tri -Party Agreement and Release of Easement with regard to the properties adjoining the eastern terminus of 15th Street and the cul -de -sac at said terminus. There have been some minor revisions to address concerns raised by the Public Works Department and by thee City AGENDA ITEM t l DATE lZ -6'qS This instrument prepared by and when recorded return to: John C. Sumberg, Esq. Rubin Baum Levin Constant Friedman & Bilzin 2500 First Union Financial Center Miami, Florida 33131 -2336 GRANT OF PERPETUAL EASEMENT WHEREAS, Jefferson Plaza, Ltd., a Florida limited partnership (the "Developer ") is the owner of that certain property situate, lying and being in Dade County, Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property "); and WHEREAS, a plan for the development of the Property (the "Project ") was approved by the Board of Adjustment of the City of Miami Beach on August 26, 1994 under File No. 2394; and WHEREAS, as a condition to the approval of the Project, The City of Miami Beach, Florida (the "City ") required that the Developer grant a perpetual easement to the City for use as an at- grade pedestrian walkway across that certain parcel of land approximately fifteen (15) feet in width running along the dune line near the eastern boundary of the Property, as such parcel is more particularly described in Exhibit "B" attached hereto and incorporated herein (the "Easement Parcel "); and WHEREAS, the City desires to construct an at -grade landscaped pedestrian walkway on the Easement Parcel (the "Walkway ") and the Developer desires to dedicate a perpetual easement for public purposes over the Easement Parcel. NOW, THEREFORE, in consideration of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer by these presents does assign to the City, its successors and assigns, a perpetual non exclusive easement over and across the Easement Parcel for the purpose of a public walkway. RUBIN /SYS: \DMS \72343 \6199 \0099471.02 January 4, 1996 Provided, however, that the Developer hereby reserves all right, title, interest and privilege and the full enjoyment of such Easement Parcel and the use thereof for all purposes not inconsistent with the use specified above. The Developer and the City further agree to the following: 1. The Developer hereby grants to the City a right and license to come upon the Easement Parcel for the purposes of constructing the Walkway according to the attached survey. 2. The City shall deliver notice of its intention to commence construction of the Walkway to Developer at least thirty (3 0) days prior to the date set for such commencement. 3. After construction of the Walkway, the City shall have the sole responsibility and shall bear the total expense for the maintenance of the Walkway, except for any re- pairs or maintenance arising from the negligence of the Property owner. 4. The provisions of this Easement shall be binding on all successors and assigns of the parties hereto. IN WITNESS WHEREOF, the undersigned have caked this Grant of Easement to be executed as of the g) day of ..J9 -41/0t , 1996. WITNESSES: THE DEVELOPER: Sign Name: Print Name: Sign Name: r.✓ 6-3 v-a--42. Print Name : H464- A. _ it340 RUBIN /SYS: \DMS \72343 \6199 \0099471.02 January 4, 1996 Page 2 of 4 r JEFFERSON PLAZA, LTD., a Florida limited partnership. By: JEFFERSON PLAZA MANAGEMENT, L.C., a Florida limited liability company, general partner BY:° J an -Marc eunier, Manag ....... NER f DA C. DELDADO = MLSS#0N Ol' " X780 FxpIRE s f w °.` Bonded T ru Nottfy Park troaorwrit 1 NEREYDA C. DELGADO '.�' *; 2° n. ;,M MY GOMiwtSSiON # CC 392780 a ti "`f EXPIRES: October 3O, 1998 Borded Thou Notary Public 1 WITNESSES: THE CITY: Sign Name: ;W Print Name: KjmbtTlu /l• U;hi }� Sign Name: te a GeLett Print Name: A1&:7. ,R W,u.ha STATE OF t ibrloto, COUNTY OF ) ) ) THE CI OF MIAMI BE H, a munici corporatio 4011 A TT r: Rosen PACtlet By: rr. o By �t a Date The foregoing instrument was acknowledged before me this j day of o!a(tctri../ , 1996 by Jean -Marc Meunier, Manager of Jefferson Plaza Managerient, L.C., a Florida limited liability company, as general partner of Jefferson Plaza, Ltd., on behalf of the partnership. He is personally known to me or has produced - as identification and who did (did not) take an oath. ............ °.e NEREYDA C. DELGADO _ = MY COMMISSION 11 CC 392780 ka". EXPIRES: October 30, 1998 Bonded Tin[ Notary Public Underwriters `� �° r' e�/ Typed oz/ Printed Name of(JNotary My commission expires: Serial No, if any RUBIN/SYS: \DMS\72343 \6199\0099471. 02 January 4, 1996 Page 3 of 4 STATE OF-FLORIDA COUNTY OF DADE The foregoing instrument was a. nowledgedefore me this Win day of T r , 1996 by -- .a., of The City • Miami Beach, a municipal corporation, on behalf of the corporation. He is personally known _to :me or has produced and who did (did not) take an oath. as entifi cat ion. £L:IAL e O ARY SEAL LILLIAN BEAUCHAMP g NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC347882 MY COMMISSION EXP. FEB. 13,1998 I Typed or Printed Name of Notary My commission expires: Serial No, if any RUBIN /SYS: \DMS \72343 \6199 \0099471.02 January 4, 1996 Page 4 of 4 EXHIBIT "A" LEGAL DESCRIPTION All of Lots 1, 2, 3, 18, 19, 20; and the South 1/2 of Lots 4 and 17, all in Block 56 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 AND A parcel of land adjacent to and immediately East of the above described lands and more particularly described as follows: Beginning at the S.E. corner of said Lot 1, Block 56, of "FISHER'S SUBDIVISION OF ALTON BEACH "; thence North 7 degrees 35 minutes 20 seconds East along the Easterly line of said Block 56 for a distance of 177.47 feet to the Northeast corner of the South 1/2 of said Lot 4, Block 56; thence North 88 degrees 00 minutes 23 seconds' East along the Easterly extension of the North line of said South 1/2 of Lot 4 for a distance of 195.26 feet to a point on a line known as the Erosion Control Line as recorded in Plat Book 105, at Page 82 of the Public Records of Dade County, Florida; thence South 3 degrees 26 minutes 45 seconds West along said Erosion Control Line also known as the Bulkhead line as described in Ordinance No. 856 Section 1 of the City of Miami Beach, recorded in Plat Book 74, at Page 4, of the Public Records of Dade County, Florida; for a distance of 175.78 feet; thence South 88 degrees 00 minutes 21 seconds West along the Easterly extension of the South line of said Lot 1, Block 56, for 208.14 feet to the Point of Beginning, lying and being in the City of Miami Beach, Dade County, Florida. ONINN/039 JO 1NIOd o o z C+1 35' tfl Collins A Ve 81 c• to` tZsZ h----- oj rl rrt og 210.94•. EROS/ON CONTROL LINE N.O27'OPE RECORDED IN CALa ORD. NO. ma SEa 1 210.94' SCALE: 1" = 80' Atlantic Ocean SHEET 1 OF 2 Specific Purpose Survey I CI-1 SUIVEy1NG & MAFPING Sketch to Accompany Legal Description 12360 83. 132>,d Court, Batt. 216. wand. 7latid& 33106 T LL(306) 262 -0090, 7. (306) 262 -9631 44,.1,-f Portion of "FYsher's First Subdivision of Alton Beech' (P.B. 2, Pg. 77) Ic 2 Legal Description A 15 foot wide strip of land being a portion of Lots 1, 2, 3, and 4 of FISHER'S FIRST SUBDIVISION OF ALTON BE4CH according to the Plat as recorded in Plat Book 2, at page 77 of the Public Records of Dade County, and a portion of the right of way of 15th Street, all being more particularly described as: Commence at the Southwest corner of Lot 20, Block 56 of aforementioned P /at of FISHER'S FIRST SUBDIVISION OF ALTON BEACH and proceed N88'00'47"E, along the South line of said Lot 20, and along the South line of Lot 1, Block 56 for 593.07 feet; thence S03'27'07"W, 35.16 feet, to the POINT OF BEGINNING of the following described parcel; thence N88'00'47"E, 15.07 feet to the Erosion Control Line as it is recorded in City of Miami Beach Ordinance No. 856, Section 1 ; thence, N0327'07"E, along said Erosion Control Line, 210.94 feet; thence S88'00'47'3/, along the South line of the North 1/2 of Lot 4, Block 56 of said Plat of FISHER'S FIRST SUBDIVISION OF ALTON BE4CH, 15.07 feet; thence S0327'07"W, along a line parallel with and 15.00 feet Westerly of, the aforementioned Erosion Control Line, 210.94 feet to the POINT OF BEGINNING. Surveyor's Notes 1) THIS IS NOT A LAND SURVEY. 2) The specific and ONLY purpose for this drawing is to graphically depict the included legal description. 3) Bearings shown hereon relate to the centerline of 15th Street which bears N88'00'47"E. 4) This Survey is not valid unless it bears the signature and embossed seal of the surveyor. THIS IS TO CERTIFY that this SPECIFIC PURPOSE SURVEY is accurate to the best of my knowledge. I FURTHER CER77FY that this survey meets the Minimum Technical Standards as set forth by the Florida Board of Land Surveyors en Chapter 61G17-6, F7orido Administrative Code. By: Wf am 0. High Professional Land Surveyor No. 46.32 State of Florida V!� Specific Purpose Survey G1- SURVEYING & MAPPING Sketch to Accompany Legal Description 12980 S.1 132nd Court, Suite 216, ]Ilan;, Florida 93126 Tel (906) 252 -0696, Fes(905) 252 -9661 SHEET 2 OF 2 DATm 11 -10 -96 PRW. 775—E 4)(1,4j6 z TRI -PARTY AGREEMENT AND RELEASE OF EASEMENT THIS TRI -PARTY AGREEMENT AND RELEASE OF EASEMENT (this "Agreement ") is made as of the PTA- day of 1-10jcu &r , 1996, b` and among WORLDINVEST JOINT VENTURE, a Florida general partnership ( "Worldinvest "), JEFFERSON PLAZA LIMITED, a Florida limitett partnership ( "Jefferson ") and THE CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (the "City "). W I T N E F ¶' xIc A. Worldinvest prc,rosa6 _. develop a project in the City of Miami Beach, Dade s >ounty, elorida (the "Worldinvest Project "), on property bordered on the west by Ocean Drive, on the north by 15th Street, on the east by the Atlantic Ocean, and on the south by Lummus Park, which property is more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Worldinvest Property "). B. Jefferson proposes to develop a project in the City of Miami Beach, Dade County, Florida (the "Jefferson Project "), on property bordered on the west by Collins Avenue, on the south by 15th Street, on the east by the Atlantic Ocean, and on the north by a line parallel to the south boundary commencing at a point on Collins Avenue on the west 177.52' north of the southerly boundary along Collins Avenue, which property is more particularly described in Exhibit "B" attached hereto and made a part hereof (the "Jefferson Property "). C. The City holds title to 15th Street from Ocean Drive east to a line running between the S.E. corner of Lot 1, Block 56 and the N.E. corner of Lot 2, Block 77 of FISHER'S FIRST SUBDIVISION of Alton Beach, recorded in Plat Book 2, Page 77 of the Public Records of Dade County, Florida, currently improved with a roadway and cul- de -sac, which property is more particularly described in Exhibit "C" attached hereto and made a part hereof (the "Cul -de -Sac ") as well as the north half of 15th street from the east end of the Cul- de -Sac to the erosion control line (the "City Property "). D. The Worldinvest Property is subject to that certain Declaration of Easement and Right of Use by Indeco Holdings Limited, prior owner of the Worldinvest Property, dated December 31, 1981, and recorded in Official Records Book 11522, Page 102 and re- recorded in Official Records Book 11674, Page 118 and re- recorded on June 23, 1983 in Official Records Book 11827, Page 3213, of the Public Records of Dade County, Florida (the "Original Easement "). The Original Easement granted the City, among other things, an easement over a portion of the Worldinvest Property for pedestrian use for access to the beach and ocean front area, which easement area consists of approximately 35 + feet of the Worldinvest Property from the east end of the Cul -de -Sac to the erosion control line, which easement area is more particularly described in Exhibit "D" attached hereto and made a part hereof (the "Original Easement Area "). E. Worldinvest and Jefferson desire to cooperate with each other and the City in connection with the development and maintenance of the Cul -de -Sac located between the Worldinvest Property and the Jefferson Property. F. Worldinvest and Jefferson desire to cooperate with each other and the City in the development and maintenance of a pedestrian and vehicular accessway and dune crossover to be located on the combined area of an approximate ten (10) foot portion of the City Property, (which portion is legally described in Exhibit "C -1" attached hereto and made a part hereof and hereinafter referred to as the "City Accessway") and an approximate ten (10) foot portion of the Original Easement Area, (which portion is legally described in Exhibit "E" attached hereto and made a part hereof and hereinafter referred to as the "Easement Area ") and to terminate the Original Easement. G. Worldinvest proposes to form one or more condominium associations and /or a property owners association (the "Worldinvest Associations "); in such event, Worldinvest intends to assign its rights and obligations under this Agreement to the Worldinvest Association, which shall assume all obligations of Worldinvest under this Agreement. H. Jefferson proposes to form one or more condominium associations and /or a property owners association (the "Jefferson Association "); in such event, Jefferson intends to assign its rights and obligations under this Agreement to the Jefferson Association, which shall assume all obligations of Jefferson under this Agreement. NOW, THEREFORE, Worldinvest, Jefferson and the City hereby agree as follows: 1. Recitals. The recitals are true and correct and incorporated herein by this reference. 2. Cul -de -Sac Modifications. Jefferson has requested authorization from the City and Worldinvest to modify the size, -2- shape and position of the Cul -de -Sac (the "Cul -de -Sac Location ") and to make certain other improvements to the Cul -de -Sac. The City and Worldinvest agree that Jefferson is authorized to modify the Cul -de -Sac Location as shown on Exhibit "F" attached hereto and made a part hereof. In addition to modifying the Cul -de -Sac Location in accordance with Exhibit "F ", the City and Worldinvest agree that Jefferson may develop and construct the Cul -de -Sac in accordance with a plan which provides for landscaping, lighting and the materials to be utilized, (the "Cul -de -Sac Plan "). The Cul -de- Sac Plan shall be subject to the reasonable approval of the City and Worldinvest. Approval shall be granted or denied within thirty (30) days of receipt of the Cul -de -Sac Plan. Upon approval of the Cul -de -Sac Plan, Jefferson shall provide a legal description and sketch of survey which describes the modified area of the Cul -de- Sac (the "Cul -de -Sac Area "). It is understood by the parties that the Cul -de -Sac Area may contain portions of the City Property and portions of the Original Easement Area. Upon approval of the legal description and sketch of survey of the Cul -de -Sac Area by Worldinvest and the City, the legal description of the City Accessway and the Easement Area shall be revised by Worldinvest to reflect the actual location Cul -de -Sac Area. Thereafter, upon final approval by the City, the revised legal descriptions of the Cul -de -Sac Area, the City Accessway and the Easement Area shall be recorded as exhibits to an amendment to this Agreement. Jefferson shall complete such Cul -de -Sac modifications and improvements in accordance with the Cul -de -Sac Plan (the "Cul -de- Sac Improvements ") within twenty four (24) months from the date of this Agreement. Jefferson shall be solely responsible for all costs of construction, including all permits and professional fees for the Cul -de -Sac Improvements. Jefferson will coordinate all work related to the Cul -de -Sac with Worldinvest to assure that there is no interruption to any activities occurring on the Worldinvest Property. Jefferson shall give Worldinvest and the City thirty (30) days notice prior to commencing construction of any Cul -de -Sac Improvements. Jefferson and Worldinvest shall have the right to install signage and other related improvements in the Cul -de -Sac Area at the cost of the party requesting the signage. Such signage shall be approved by the City and shall, if applicable, be subject to the terms of any revocable permits required. Worldinvest shall have the right to approve any signage to be placed in the Cul -de -Sac Area by Jefferson and Jefferson shall have the right to approve any signage to be placed in the Cul -de -Sac Area by Worldinvest. All Cul -de -Sac Improvements, including each party's signage, shall be approved by all governmental entities having jurisdiction and shall be constructed in accordance with all applicable federal, state and local laws, ordinances, regulations, rules and restrictions. -3- 3. Security for Cul -de -Sac Improvements. Jefferson shall prepare and submit to Worldinvest and the City, within ninety (90) days of the date of this Agreement, a complete budget containing all costs and expenses for the construction of the Cul -de -Sac Improvements, including, but not limited to, all costs which may be incurred in obtaining permits and approvals from applicable governmental authorities, including the retention of consultants and attorneys; the cost of the preparation of all plans and specifications, engineering studies, site preparation and every other expense normally incurred for the construction of similar improvements (the "Cul -de -Sac Budget "). The submittal shall include all documentation reasonably necessary to support the amounts contained in the Cul -de -Sac Budget, including, but not limited to, bids from the contractor(s) qualified to complete the work. The approval of the Cul -de -Sac Budget by Worldinvest and the City shall not be unreasonably withheld and shall be granted or denied within ten (10) days of the date of receipt. Within sixty (60) days of approval of the Cul -de -Sac Budget by Worldinvest and the City, Jefferson shall secure, in form and content reasonably acceptable to Worldinvest and the City, a performance, labor and material bond for one hundred and fifty percent (150 %) of the amount of the Cul -de -Sac Budget (the "Cul -de -Sac Security "). The Cul -de -Sac Security shall be delivered to, and held by, the attorney for Worldinvest. The Cul -de -Sac Security shall provide for payment to Worldinvest in the event the Cul -de -Sac Improvements are not completed within twenty four (24) months of the date of this Agreement. At the expiration of the twenty fourth (24th) month, Worldinvest shall notify Jefferson of its intent to make a claim against the Cul -de -Sac Security and Jefferson shall have thirty (30) days from receipt of such notice to complete the Cul- de -Sac Improvements. In the event the Cul -de -Sac Improvements are not completed within said twenty four (24) months plus the applicable cure period, Worldinvest shall, within ninety (90) days of the date of receipt of the proceeds of the Cul -de -Sac Security, commence construction of the Cul -de -Sac Improvements in accordance with the approved plan and budget and proceed to complete said improvements in an expeditious manner. In the event Worldinvest does not commence the Cul -de -Sac Improvements within the ninety (90) day period, or abandons work on the Cul -de -Sac Improvements for a period of sixty (60) days or more, the total proceeds of the Cul- de -Sac Security realized by Worldinvest, or any amount remaining in the event work on the Cul -de -Sac Improvements had commenced but was abandoned, shall be immediately payable to the City and the City may commence and complete the Cul -de -Sac Improvements, or, in the City's discretion, utilize the Cul -de -Sac Security to contract for completion of the Cul -de -Sac Improvements. When the Cul -de -Sac Improvements have been completed, the Cul -de -Sac Security, or any amount of said security which was not utilized in connection with the Cul -de -Sac Improvements, shall be returned to Jefferson or released, as applicable. -4- 4. Cul -de -Sac Maintenance. Jefferson shall at all times maintain in good repair, operate, manage, insure, and replace as often as necessary the Cul -de -Sac Improvements, including landscaping, paving, drainage structures, private roads, street lighting fixtures and appurtenances located within public and private rights -of -way, except public utilities. Jefferson shall be solely responsible to initiate and perform all such obligations as to the Cul -de -Sac Improvements. In the event Jefferson fails to perform such maintenance, repairs or replacement to the Cul -de -Sac Improvements on the Cul -de -Sac Area, Worldinvest shall give written notice to Jefferson-and the City of such failure and in such notice shall specify what maintenance, repairs or replacement is required. In the event Jefferson fails to commence and diligently pursue such maintenance, repairs or replacement within ninety (90) days from receipt or refusal of notice, Worldinvest shall have the right but not the obligation to initiate such maintenance, repairs or replacement in accordance with the provisions of Paragraph 8 hereof. In the event both Jefferson and Worldinvest fail to perform such maintenance, repairs or replacement in accordance with the provisions of Paragraph 8 hereof, then the City may initiate such maintenance, repairs or replacement to the Cul -de -Sac Improvements in the Cul -de -Sac Area and all expenses and costs associated therewith, including but not limited to interest, costs of collection, and attorneys fees, shall become a lien of first priority in favor of the City against the Jefferson Property. 5. Joint Accessway Improvements. Worldinvest and Jefferson shall develop a twenty (20) foot wide emergency vehicular /pedestrian accessway on the combined area of the City Accessway and the Easement Area (collectively the "Joint Accessway "). The Joint Accessway will be created with pavers, bordered on both the north and south side by trees and lighted, subject to approval by the State of Florida. There will be an opening in the southern line of trees for emergency and utility vehicles to access the rear of the Worldinvest Property. Worldinvest shall complete such Joint Accessway improvements in accordance with such plans and specifications created by Worldinvest and approved by the City and Jefferson ( "Joint Accessway Improvements ") within twenty four (24) months from the date of this Agreement. Approval of the plans for the Joint Accessway Improvements by Jefferson and the City shall not be unreasonably withheld or delayed. Jefferson and Worldinvest shall each be responsible for one half of the cost of the Joint Accessway Improvements. All Joint Accessway Improvements shall be approved by all governmental entities having jurisdiction and shall be constructed in accordance with all applicable federal, state and local laws, ordinances, regulations, rules and restrictions as well as any covenants contained in any agreement with other land owners, any property owners' associations or governmental entities. -5- 6. Securit for Joint Accesswa Improvements. Worldinvest shall prepare and submit to Jefferson and the City, within ninety (90) days of the date of this Agreement, a complete budget containing all costs and expenses for the construction of the Joint Accessway Improvements, including, but not limited to, all costs which may be incurred in obtaining permits and approvals from applicable governmental authorities, including the retention of consultants and attorneys; the cost of the preparation of all plans and specifications, engineering studies, site preparation and every other expense normally incurred for the construction of similar improvements (the "Joint Accessway Budget "). The submittal shall also include all documentation reasonably necessary to support the amounts contained in the Joint Accessway Budget, including, but not limited to, bids from contractor(s) qualified to complete the work. The approval of the Joint Accessway Budget by Jefferson and the City shall not be unreasonably withheld and shall be granted or denied within ten (10) days of the date of receipt. Within sixty (60) days of approval of the Joint Accessway Budget by Jefferson and the City, Worldinvest and Jefferson shall each secure, in form and content reasonably acceptable to the other party and the City, a performance, labor and material bond for one half of one hundred and fifty percent (150 %) of the amount of the Joint Accessway Budget (hereafter respectively referred to as the "Worldinvest Accessway Security and the Jefferson Accessway Security "). The Worldinvest Accessway Security shall be delivered to, and held by, the Attorney for Jefferson and the Jefferson Accessway Security shall be delivered to, and held by, the attorney for Worldinvest. The Worldinvest Accessway Security shall provide for the payment to Jefferson of the total amount of the security in the event the Joint Accessway Improvements are not completed within twenty four (24) months of the date of this Agreement. At the expiration of the twenty fourth (24th) month, Jefferson shall notify Worldinvest of its intent to make a claim against the Joint Accessway Security and Worldinvest shall have thirty (30) days from receipt of such notice to complete the Joint Accessway Improvements. Within ninety (90) days of the date of Jefferson's receipt of the proceeds of the Worldinvest Accessway Security, Jefferson shall commence construction of the Joint Accessway Improvements and shall proceed to complete said improvements in an expeditious manner. In the event Jefferson does not commence the Joint Accessway Improvements within the ninety (90) day period, or abandons work on the Joint Accessway Improvements for a period of sixty (60) days or more, the total proceeds of the security realized by Jefferson from the Worldinvest Accessway Security, or any amount remaining in the event work on the Joint Accessway Improvements had commenced but was abandoned, shall, together with the total amount of the Jefferson Accessway Security, be immediately payable to the City and the City may commence and complete the Joint Accessway Improvements or, in the City's discretion, utilize the Worldinvest Accessway Security and the Jefferson Accessway Security to contract for the completion of the -6- Joint Accessway Improvements. If Worldinvest completes the Joint Accessway Improvements within the twenty four (24) month period, Worldinvest will send Jefferson notice of the completion date and Jefferson will pay one half of the actual cost of the Joint Accessway Improvements, said payment shall be due within fifteen (15) days of the date of Jefferson's receipt of the notice that the work has been completed. In the event the actual cost of the Joint Accessway Improvements exceed the Joint Accessway Budget by more than ten (10 %) percent and such overage shall not have been previously approved by Jefferson in writing, then Jefferson's liability for payment shall be limited to one half (1/2) of the amount of the Joint Accessway Budget plus ten (10 %) percent. When the Joint Accessway Improvements have been completed both the Worldinvest Accessway Security and the Jefferson Accessway Security, or any amount remaining under said security shall be returned to the party having posted said security, or released, as applicable. In the event Jefferson does not pay the full amount when due, Worldinvest shall be entitled to the proceeds of the Jefferson Accessway Security to the extent of one half (1/2) of the actual cost of the Joint Accessway Improvements. 7. Joint Accessway Maintenance. Worldinvest shall at all times maintain in good repair, operate, manage, insure, and replace as often as necessary the Joint Accessway Improvements, including landscaping, paving, drainage structures, private roads, street lighting fixtures and appurtenances located within public and private rights -of -way, except public utilities. Worldinvest shall initiate and perform all such obligations as to any Joint Accessway Improvements. In the event Worldinvest fails to perform such maintenance, repairs or replacement to the Joint Accessway Improvements, Jefferson shall give written notice to Worldinvest and the City of such failure and in such notice shall specify what maintenance, repairs or replacement is required. In the event Worldinvest fails to commence and diligently pursue such maintenance, repairs or replacement within ninety (90) days from receipt or refusal of notice, Jefferson shall have the right but not the obligation to initiate such maintenance, repairs or replacement in accordance with the provisions of Paragraph 8 hereof. In the event both Worldinvest and Jefferson fail to perform such maintenance, repairs or replacement in accordance with the provisions of Paragraph 8 hereof, then the City may initiate such maintenance, repairs or replacement to the Joint Accessway Improvements and all expenses and costs associated therewith, including but not limited to interest, costs of collection, and attorneys fees, shall become a lien of first priority in favor of the City against the Worldinvest Property. 8. Failure to Perform; Damage During Construction. (a) In the event Worldinvest or Jefferson fails to perform any of their respective maintenance obligations under this Agreement, the other party ( "initiating party ") shall give the -7- party wLich has failed to perform notice of its intent to perform maintenance, repair or replacement of the Cul -de -Sac Improvements or Joint Accessway Improvements at least thirty (30) days prior to the date such maintenance, repair or replacement activities are scheduled to commence. Said notice shall include a complete description of the scope and the cost of such activities as well as the name of the contractor or other source that will be performing the work. In the event the other party objects to the costs outlined in the notice, said objecting party may procure a lower bid to perform the same work from an alternative financially responsible contractor or source and may submit such bid to the initiating party with its notice of objection sent prior to the expiration of the thirty (30) day period. The initiating party shall have the option of utilizing the contractor or source that submitted the lower bid to do the work or, if the initiating party desires to utilize the contractor or source specified in their notice, the objecting party is only liable for payment of the lower bid. (b) Each party shall be liable for the implementation and the full cost of any maintenance, repair or replacement required by virtue of its negligent use of the Cul -de -Sac Area or Joint Accessway or required in connection with the utilization of the Cul -de -Sac Area or Joint Accessway during the period of construction of their respective projects or for the installation or maintenance of public utilities in connection with such construction. (c) In the event of an emergency which threatens the health, safety or property of those persons using the Cul -de -Sac Area or Joint Accessway, or if required by governmental authority, either Worldinvest or Jefferson may initiate and perform all such maintenance, repair or replacement on or to the Cul -de -Sac Area or Joint Accessway and shall be entitled to contribution from the party responsible for the maintenance and repair of such Cul -de -Sac or Joint Accessway Improvements. 9. Reimbursement. (a) Jefferson shall reimburse Worldinvest not less frequently than quarterly for fifty (50 %) percent of the actual and estimated costs of maintenance, management, operation, insurance, repair and replacement of the Joint Accessway Improvements, including by not limited to the costs of all utilities, gardening and other services benefitting the Joint Accessway Improvements; the costs of multi- peril, casualty and liability insurance and other insurance covering or connected with the Joint Accessway and Joint Accessway Improvements; any taxes paid by Worldinvest for the Joint Accessway or Joint Accessway Improvements, including real property taxes for the City Accessway but excluding real property taxes for the Easement Area ( "Joint Accessway Reimbursement "). Worldinvest shall prepare and deliver to Jefferson on or before -8- January 1 of each year a budget setting forth the estimated costs of all expenses included in the Joint Accessway Reimbursement, together with an accounting of income received and expenditures made by Worldinvest for the prior year for maintenance, management, operation, insurance, repair and replacement of the Joint Accessway Improvements. (b) Worldinvest shall reimburse Jefferson not less frequently than quarterly for fifty (50 %) percent of the actual and estimated costs of maintenance, management, operation, insurance, repair and replacement of the Cul -de -Sac Improvements, including but not limited to the costs of all utilities, gardening and other services benefitting the Cul -de -Sac Improvements; the costs of multi - peril, casualty and liability insurance and other insurance covering or connected with the Cul -de -Sac Area and Cul -de -Sac Improvements; any taxes paid by Jefferson for the Cul -de -Sac Area and Cul -de -Sac Improvements, including real property taxes ( "Cul- de -Sac Reimbursement "). Jefferson shall prepare and deliver to Worldinvest on or before January 1 of each year a budget setting forth the estimated costs of all expenses included in the Cul -de- Sac Reimbursement, together with an accounting of income received and expenditures made by Jefferson for the prior year for maintenance, management, operation, insurance, repair and replacement of the Cul -de -Sac Improvements. 10. Creation of the Lien and Personal Obligation for Reimbursements. (a) Each owner of the Jefferson Property or any condominium unit created thereon by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, covenants and agrees, and shall be deemed to covenant and agree, to pay its share of Joint Accessway Reimbursement, as provided herein. All such Joint Accessway Reimbursements shall be fixed, established and collected from time to time as hereinafter provided. (b) Each owner of the Worldinvest Property or any condominium unit created thereon by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, covenants and agrees, and shall be deemed to covenant and agree, to pay its share of Cul -de -Sac Reimbursement, as provided herein. All such Cul -de -Sac Reimbursements shall be fixed, established and collected from time to time as hereinafter provided. (c) The Joint Accessway Reimbursements or Cul -de -Sac Reimbursements, as applicable, shall be referred to as "Reimbursements ". Reimbursements shall be due and payable quarterly on January 1, April 1, July 1 and October 1 of each year unless Jefferson and Worldinvest shall agree otherwise in writing to different intervals of collecting Reimbursements. All -9- Reimbursements, interest, penalties, fines, attorneys' fees and other sums provided for herein shall accrue to the benefit of the party to whom the Reimbursement ( "Assessing Party ") is due. If the installments of Reimbursements are not paid on the dates when due, then such installments shall become delinquent and shall, together with late charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property of the non Assessing Party (hereinafter sometimes referred to as the "Property ") which shall bind such Property, the then owner, its heirs, personal representatives, successors and assigns. Except as provided in Paragraph 10, the personal obligation of the then owner of the Property to pay such Reimbursement shall pass to its successors in interest and recourse may be had against either or both. (d) In the event a Property has been further subdivided into condominium units, then the share of the Reimbursements, together with late charges, interest and costs of collection, shall be allocated to each condominium unit in accordance with the terms of the declaration of condominium creating the units and shall be a charge on and continuing lien upon the condominium unit against which the Reimbursement is made. Each such Reimbursement, together with late charges, interest and costs of collection thereof as hereinafter provided, shall also be the personal obligation of all owner(s) of such condominium unit from time to time. With respect to the Jefferson Property, all Reimbursements will be allocated twenty percent (20 %) to the commercial portion of the Jefferson Project and eighty percent (80 %) to the residential condominium portion of the Jefferson Project. The eighty percent (80 %) allocated to the condominium portion of the Jefferson Project shall be assessed to each unit in proportion to the unit's undivided ownership interest in the condominium. For example, a $1,000.00 Reimbursement would be allocated and constitute a lien in the amount of $200.00 on the commercial portion of the Jefferson Project and the remaining $800.00 would be allocated among the condominium units. If a particular condominium unit's share were one percent (1%) of the Jefferson condominium, its proportionate share of the Reimbursements and the amount of the lien on that unit would be eight dollars ($8.00). Only the proportionate share of the Reimbursement allocated to each unit (or the commercial portion of the Jefferson Project) will be a lien on the unit (or on the commercial portion of the Jefferson Project), and payment of the allocable share of the Reimbursement will release the applicable condominium unit (or the commercial portion of the Jefferson. Project) from the Reimbursement lien. With respect to the Worldinvest Property, all Reimbursements will be allocated thirty percent (30 %) to the commercial portion of the Worldinvest Project and seventy percent (70 %) to the residential condominium portion of the Worldinvest Project. The seventy percent (70 %) allocated to the condominium portion of the Worldinvest Project shall be assessed to each unit in proportion to the unit's undivided ownership interest in the condominium. For example, a $1,000.00 -10- Reimbursement would be allocated and constitute a lien in the amount of $300.00 on the commercial portion of the Worldinvest Project and the remaining $700.00 would be allocated among the condominium units. If a particular condominium unit's share were one percent (1 %) of the Worldinvest condominium, its proportionate share of the Reimbursement and the amount of the lien on that unit would be seven dollars ($7.00). Only the proportionate share of the Reimbursement allocated to each unit (or the commercial portion of the Worldinvest Project) will be a lien on the unit (or on the commercial portion of the Worldinvest Project), and payment of the allocable share of the Reimbursement will release the applicable condominium unit (or the commercial portion of the Worldinvest Project) from the Reimbursement lien. Except as provided in Paragraph 10, the personal obligation of the then owner to pay such Reimbursement shall pass to its successors in interest and recourse may be had against either or both. Notwithstanding anything to the contrary contained in this Agreement, no lien or debt against a condominium unit for such Reimbursement shall exist or be deemed effective or binding upon successors in interest or mortgagees, including any lien in favor of the City created pursuant to Paragraphs 4 and 7 above, unless it is recorded in the public records of Dade County, Florida at least fifteen (15) days prior to the recording of any such transfer or mortgage. (e) All sums due shall bear interest from the dates when due until paid at the highest lawful rate (or, if there is no highest lawful rate, 18% per annum). The Assessing Party may bring an action at law against the owner(s) personally obligated to pay the same or may record a claim of lien (as evidence of its lien rights as hereinabove provided for) against the Property or condominium unit on which the Reimbursements are unpaid, or may foreclose the lien against the Property or condominium unit on which the Reimbursements and late charges are unpaid, or pursue one or more of such remedies at the same time or successively. Attorneys' fees and costs of preparing and filing the claim of lien and the complaint (if any) in such action, and in prosecuting same, shall be added to the amount of such Reimbursements, interest and late charges. In the event a judgment is obtained, such judgment shall include all such sums as above provided and reasonable attorneys' fees actually incurred in the applicable action together with the costs of the action, and the Assessing Party shall be entitled to reasonable attorneys' fees in connection with any appeal of any such action. The Assessing Party shall have such other remedies for collection and enforcement of Reimbursement as may be permitted by applicable law. All remedies are intended to be and shall be cumulative. 11. Capital Improvement Reimbursements. "Capital Improvement" shall mean the replacement, installation, construction or reconstruction of any Joint Accessway Improvement or Cul -de -Sac Improvement after such Joint Accessway Improvement or Cul -de -Sac Improvement has been constructed in accordance with Paragraph 2 or 5, as applicable. In addition to the Joint Accessway Reimbursement or Cul -de -Sac Reimbursement, the applicable Assessing Party may levy, from time to time, a Capital Improvement Reimbursement for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a Capital Improvement (including fixtures and personal property related thereto); provided that the cost of such Capital Improvements does not exceed in the aggregate $20,000.00 per year without the prior written consent of the owner of the Property being assessed or the applicable Association. It is the intent of this Paragraph that any Capital Improvement having a cost of less $20,000 shall be paid as follows: 50% shall be paid for by Reimbursements assessed by the Assessing Party and the balance of which shall be paid by the Assessing Party. It is understood and agreed that maintenance, repair or replacement necessitated by emergency or governmental requirements, as provided in paragraph 8(c) above, shall not be subject to the $20,000 Capital Improvement cap. 12. Subordination of the Lien. The lien of the Reimbursement provided for in this Agreement shall be subordinate to real property tax liens, any liens in favor of the City and to the lien of any first Mortgage recorded prior to recordation of a claim of lien; provided, however, that in cases where the Assessing Party is the City, the aforesaid subordination shall not apply to the City and the lien of any Reimbursement due to the City shall be in the nature of, and rank on a parity with, other liens in favor of the City. In the event of a foreclosure of such a first mortgage, any purchaser at a foreclosure sale, or any such first mortgagee acquiring a deed in lieu of foreclosure, and all persons claiming by, through or under any such purchaser or such first mortgagee, shall hold title subject to the liability and lien of any Reimbursement coming due after such foreclosure (or conveyance in lieu of foreclosure). The order of priority of liens hereunder shall be: real property tax liens, liens in favor of the City and liens in favor of the City for Reimbursements, first mortgage liens, liens for Reimbursements in favor of Worldinvest or Jefferson, liens for assessments by property owners associations and liens for assessments by condominium associations. Any unpaid Reimbursement which cannot be collected as a lien against any Property or condominium unit by reason of the provisions of this Paragraph shall be deemed to be a Reimbursement divided among, payable by and a lien against the Property as to which the foreclosure (or conveyance in lieu of foreclosure) took place or by all condominium units in the condominium. In the event only a portion of the Reimbursements are collected, the amount collected shall be applied to Reimbursements, then to those of the Associations. 13. Collection of Reimbursements. In the event a Property has been further subdivided into condominium units or is subject to a property owners association, then the Assessing Party may delegate to the applicable association, the obligation to collect -12- the Reimbursements levied pursuant hereto and to remit the Reimbursements to the Assessing Party. 14. Liability Insurance. (a) Worldinvest shall carry and maintain comprehensive public liability insurance covering injuries to persons and property on, in or about the Joint Accessway Improvements for not less than $1,000,000.00 for injuries to persons, and $500,000.00 for damages to property, the premiums for which shall be included in the Joint Accessway Reimbursement. Each such policy or policies of insurance shall name Jefferson, the City, the Associations operating on the Jefferson Property and any first mortgagee as additional insureds thereunder, as their interests may appear. The City shall have the right to specifically enforce this provision. (b) Jefferson shall carry and maintain comprehensive public liability insurance covering injuries to persons and property on, in or about the Cul -de -Sac Improvements for not less than $1,000,000.00 for injuries to persons, and $500,000.00 for damages to property, the premiums for which shall be included in the Cul -de -Sac Reimbursement. Each such policy or policies of insurance shall name Worldinvest, the City, the Associations operating on the Worldinvest Property and any first mortgagee as additional insureds thereunder, as their interests may appear. The City shall have the right to specifically enforce this provision. 15. Perpetual Easement. (a) By execution of this Agreement, the City and Worldinvest hereby grant to Jefferson and to each other, the right to enter upon the Cul -de -Sac Area for the purpose of constructing and maintaining the Cul -de -Sac Improvements and thereafter grant to . each other, Jefferson and the public, the non - exclusive right to use and enjoy the Cul -de -Sac Area in perpetuity and the City does hereby waive any requirement that Worldinvest or Jefferson obtain a revocable permit for the Cul -de -Sac Improvements. (b) By execution of this Agreement, the City hereby grants to Worldinvest and Jefferson the right to enter upon the City Accessway for the purpose of constructing and maintaining the Joint Accessway Improvements and thereafter grants Worldinvest, Jefferson and the public, the non - exclusive right to use and enjoy the City Accessway in perpetuity and the City does hereby waive any requirement that Worldinvest or Jefferson obtain a revocable permit for the Joint Accessway Improvements. (c) By execution of this Agreement, Worldinvest hereby grants Jefferson and the City the right to enter upon the Easement Area for the purpose of constructing and maintaining the Joint Accessway Improvements and thereafter grants Jefferson, the City -13- and the public, the non- exclusive right to use and enjoy the Easement Area in perpetuity. 16. Enforcement. The easements, restrictions, benefits and obligations hereunder shall be binding upon all successors in interest and shall create covenants and servitudes upon the Jefferson Property and Worldinvest Property running with the land. The provisions of this Agreement shall become effective upon the recordation in the public records of Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the then owners of the Worldinvest Property, the Jefferson Property and the City. This Agreement shall create privity of contract and /or estate with and among all grantees of the fee simple title in and to all or any portion of the Jefferson Property and Worldinvest Property, their successors or assigns. In the event of a breach, or attempted or threatened breach, by any owner of any of the terms, covenants and conditions hereof, the other owner and the City shall be entitled forthwith to full and adequate relief by injunction and /or all such other available legal and equitable remedies from the consequences of such breach. 17. Worldinvest Beach Easement. Worldinvest shall dedicate an easement for a pedestrian walkway on a portion of the Worldinvest Property located between the proposed Worldinvest project and the Atlantic Ocean to permit the City to construct a pedestrian walkway which will connect to similar walkways constructed on properties located to the south and the Worldinvest Property pursuant to that certain beach easement agreement attached hereto as Exhibit "G" and incorporated herein by reference (the "Worldinvest Beach Easement ") to be recorded in the public records. 18. Jefferson Beach Easement. Jefferson shall dedicate an easement for a pedestrian walkway on a portion of the Jefferson Property located between the proposed Jefferson project and the Atlantic Ocean to permit the City to construct a pedestrian walkway which will connect to similar walkways constructed on properties located to the north and the Jefferson Property pursuant to that certain beach easement agreement attached hereto as Exhibit "H" and incorporated herein by reference (the "Jefferson Beach Easement ") to be recorded in the public records. 19. Termination of Original Easement. In addition to the joint petition of Worldinvest and Jefferson to develop the Joint Accessway, Worldinvest has requested, and the City has agreed to, the substitution of this Agreement for the Original Easement. By execution of this Agreement, Worldinvest and the City agree that all rights and obligations of the parties pursuant to the Original Easement are hereby terminated and of no further force and effect and the execution of this Agreement and the recordation in the -14- public records shall serve as a full and complete release of the Original Easement. 20. Assignment to Associations. The parties consent to the assignment by Worldinvest and Jefferson of all their respective rights and obligations under this Agreement to the Worldinvest Association and the Jefferson Association and the assumption by said associations of all obligations hereunder. It is understood and agreed by and amongst the parties that the recordation of a document in the public records evidencing the assignment and assumption of the rights and obligations under this Agreement from either Worldinvest or Jefferson to their respective associations, which agreement shall run with the land, shall act as a release of the assigning entity of all obligations under this Agreement. 21. Notices. Any notice, consent, approval or communication given pursuant to the provisions of this Agreement shall (except where otherwise permitted by this Agreement) be in writing and shall be (a) delivered by hand, or (b) mailed by certified mail or registered mail, return receipt requested, postage prepaid, or (c) delivered by a nationally recognized overnight courier, U.S. Post Office Express Mail, or similar overnight courier which delivers only upon signed receipt of the addressee, and addressed as a described below. The time of the giving of any notice shall be the time of receipt thereof by the addressee or any agent of the addressee, except that in the event the addressee or such agent of the addressee shall refuse to receive any notice given as above provided or there shall be no person available at the time of delivery thereof to receive such notice, the time of the giving of such notice shall be the time of such refusal or the time of such delivery, as the case may be. Such notices shall be given to the parties hereto at the following addresses: to Worldinvest: with a copy to: Worldinvest Joint Venture One Biscayne Tower 2 South Biscayne Boulevard Suite 1800 Miami, Florida 33131 Attn: Joyce Bronson Shutts & Bowen 1500 Miami Center 201 South Biscayne Boulevard Miami, Florida 33131 Attn: Judith A. Burke, Esq. to Jefferson: with a copy to: to City: with a copy to: Jefferson Plaza Limited 2665 South Bayshore Drive Suite 302 Coconut Grove, Florida 33133 Attn: Jean Marc Meunier Rubin Baum Levin Constant Friedman & Bilzin First Union Financial Center Suite 2500 Miami, Florida 33131 Attn: John C. Sumberg, Esq. The City of Miami Beach Public Works Department 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Director The City of Miami Beach City Attorney's Office 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Murray M. Dubbin, City Attorney Any party hereto may, by giving five (5) days written notice to the other party hereto, designate any other address in substitution of the foregoing address to which notice shall be given. Upon assignment by either Worldinvest or Jefferson of this Agreement to their respective Associations, as evidenced by the recordation of the appropriate document in the public records, the party making said assignment shall advise the other parties to this Agreement of the proper name and address of the Association to receive notices hereunder. 22. Governing Law and Attorneys Fees. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Florida. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs at all trial and appellate levels. -16- 23. Entire Agreement. This Agreement represents the entire agreement between the parties with respect to.the subject matter hereof and shall be binding upon the parties, their respective successors and assigns. 24. Time of the Essence; Unavoidable Delays. Time is of the essence of this Agreement and all time limitations shall be strictly construed, except when strict compliance has been hindered by unavoidable delays. Unavoidable delays shall include delays (i) due to strikes, lockouts, acts of God, inability to obtain labor or materials, governmental restrictions, enemy action, civil commotion, fire, unavoidable casualties or similar causes beyond the control of the party, its agent and employees, claiming relief under this provision on account of unavoidable delays or (ii) attributable to or caused by the acts or omissions of governmental agencies or the officers thereof acting in their official capacity, unless such acts or omissions result from the negligent or wilful failure by the party claiming relief under this provision on account of unavoidable delay to comply with any laws, ordinances, rules, regulations, orders or lawful requirements of such governmental agencies or officers. 25. Execution in Counterparts. This Agreement may be executed in identical counterparts by each of the parties hereto and the Agreement shall be effective on the last of the dates of execution by the respective parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. [SIGNATURES APPEAR ON PAGES 18, 19 and 20] WITNESSES: Sign Name: Print Name: WORLDINVEST JOINT VENTURE, a Florida general partnership By: Tigerside Investment Corp., a Florida corporation, general partner of Worldinvest Joint Venture Sign Name: Print Na OiVa S a- STATE OF FLORIDA COUNTY OF DADE 4 . 1:5 0' By: G i. °tavo Magalhaes Pinto Seretary The foregoing instrument was acknowledged before me this Z day of � t� , 1996 by Gustavo Magalhaes Pinto, Secretary of Trgerside ✓Investment Corp., a Florida corporation, general partner of Worldinvest Joint Venture, on behalf of the corporation. He is personally known t. me or ,,has produced as identification and who didI . id ,not ta9e an oath. N 'CRY ggBL I eAACINDA M CORDERO S sdt (4, My Comm+ssion CC36865 4 Expires May. 01, 1398 P Bonded by HAI �y @litl�^ s,_ • ` _ e 800 -422 -1555 Typed "8V-Torinted Name of Notary My commission expires: Serial Sign Name: f c. I Print Name: yq,eA A. 4 . STATE OF FLORIDA COUNTY OF DADE JEFFERSON PLAZA LIMITED, a Florida limited partnership By: Jefferson Plaza Management, L.C. a Florida limited corp., general partner Bv: (Corporate Seal) The foregoing instrument was acknowledged before me this /..,*el day of C)Octr -cam , 1996 by ean- Pare -(e ,e,- of Jefferson Plaza Management, L.C., a Florida limited corporation, general partner of Jefferson Plaza Limited, a Florida limited partnership, on behalf of the corporation. He is personally known to me or has produced as identification and who did (did not) take an oath. i 91 P 9®L936.I a rgL4iT9k3V 1 _ . #- MY COMMISSION # CC 392780 =v; EXPIRES: October 30, 1998 3k-m_ ?ad Th u Notary PobiIc Undewwiiters NZ,r Typed Printed Name of Notary My commission expires: Serial Nn., if any• Sign Name:( Print Name: Sign Name: Print Nam, 1‹;,,be..r1v A • W h•)--2. • /-?'E, to ' /r4 STATE OF FLORIDA COUNTY OF DADE THE CITY IF MIAMI BEACH, a municip corpora on Ak AMMPI ill By: Geller, Mabor Attest : O (.U.4h ?4A- "Rbleer-CParchtr, G 4-y Clerl. FORM APPROVED LEGAL D PT By Date �t The fore oing instrument was acknowled ed before me this / VI day of f y,v14 , 1996 by 14,1, of The Ci y of Miami Beach, municipal corp ation, on behalf of the corporation. He is personally known to me or has produced as identification and who did (did not) take an oath. MIA95 12002.8 - L1M 1/4/96 -20- 41044 Typed or Printed Name of Notary My commission expires: Serial No., if any OFFICLAL NOTARY SEAL LILLIAN BEAUCHAMF NOTARY PUBLIC. STATE OF FLORIDA COMMISSION NO. CC347882 MY COMMISSION EXP. FEB.13,1998 EXHIBIT "A" LEGAL DESCRIPTION Begin (P.0.3.)-at the Southwesterly corner of Lot • 4, Barr• -Isom and Reyes Subdivisioq,i as recorded in Flat Book 9, _t page 73 of the public records of Dade'County, i Florida, and rues 11.1'59'11 "W; along the Easterly line of Ocean Drive, a distance of ! 295.70 feet to the Southerly line of 15th Street, formerly Avenue "D"; thence run H.88'00'49 "1. along the Southerly line of 15th Street, a distance of 117.90 to the Easterly and of 15th Street, formerly Avenue "D", as said Avenue "D" is shivn on Fishers First Subdivision of Alton Beach, recorded in Plat Took 2, at page 77' of the public records of Dade County, Florida; thence run N.7'34'i9 "E. along the. Easterly line of 15th Street, formerly Avenue "D", a distance of 35.49 feet to the centerline of said Street; thence Ain ?;88'00'49 "E. along the projection Easterly • of the centerline of 15th Street, a distance of 210.63 feet to the intArsection::cf the Erosion Control Line, recorded in Plat Book 105, at page 62 of the public. -. r cords of Dade County, Florida; thence run S.3'26'32 "w. along the Erosion Cont o3 Line, a distance of 332.19 feet to the intersection of the projection Easterly of the Southerly line of said Lot 4 of sforeaaid 9arrisoa and Rayes Subdivision; thence run 5.88'00'49 "W. along. the Southerly line of Lot 4 and iti projection --Easterly, a distance of 303.00 feet to the Point of Beginning (P.0.B.). AREA DESCRIBED CONTAINS 101,169 SQUARE FEET, MORE OR LESS, OR 2.323 ACRES. MORE OR LESS. Exhibit "B" LEGAL -DESCRIPTION All of Lots 1,2,3,18,19, and 20 and the South 1/2 of Lots 4 and 17. All in Block 56 'Fisher's First Subdivision of Alton Beach.' According to the plat thereof as recorded in Plat Book 2 at Page 77 of the Public Records of Dade County, Florida. AND A parcel of land adjacent to and immediately East of the above described lands and more particularly described as follows: Beginning at the S.E. comer of said Lot 1, Block 56, "Fisher's Subdivision of Alton Beach`; thence North 7 degrees 35 minutes 20 seconds East along the Easterly line of said Block 56 for a distance of 177.47 feet to the Northeast comer of the South 1/2 of said Lot 4, Block 56; thence North 88 degrees 00 minutes 23 seconds East along the Easterly extension of the North line of said South 1/2 of Lot 4 for a distance of 195.26 feet to a point on a line known as the Erosion Control Line as recorded in Plat Book 105 at Page 82 of the Public Records of Dade County, Florida; thence South 3 degrees 26 minutes 45 seconds West along said Erosion Control Line also known as the bulkhead line as described in Ordinance No. 856 Section 1 of the City of Miami Beach, recorded in Plat Book 74, at Page 4, of the Public Records of Dade County, Florida; for a distance of 175.78 feet; thence South 88 degrees 00 minutes 21 seconds West along the Easterly extensior. of the South fine of said Lot 1, Block 56, for 208.14 feet to the Point of Beginning, lying and being in the City of Miami Beach, Dade County, Florida. J 1 1 LEGAL DESCRIPTION: EXHIBIT "C" A portion of 15th Street. formerly Avenue ALTON BEACH os recorded in Piot Book 2 porticulorly described as follows: Thot portion of 15th Street (Avenue "0") described as follows: "D" os shown on the plot of FISHERS FIRST SUBDMSION OF at Poge 77 of the Public Records of Dode County. Florida more lying between Block 77 and Block 56 of said plot also Commence ot the Southwesterly corner of Lot 4. HARRISON AND HAVES SUBDMSION os recorded in Plot Book 9 at Poge 73 of the Public Records of Dode County. Florida and run N 1'58'04" W. along the Eosterly line of Oceon Drive for 295.68 feet to o point on the Southerly line of 15th Street, formerly Avenue "D "; said point being the POINT OF BEGINNING (P.O.B.) of the hereinafter described troct of land; thence run N 88'00'49" E olong the Southerly line of said 15th Street (Avenue "D ") for 117.90 to the Northeost corner of Lot 2. Block 77 of said Plot of FISHERS FIRST SUBDIVISION OF ALTON BEACH soid corner being o point on feet to the Eosterly end of 15th Street (Avenue "D "), os soid Avenue "D is shown on FISHERS FIRST SUBDMSION OF ALTON BEACH. recorded in Piot Book 2 ot Poge 77 of the Public Records of Dode County, Florida; thence run N 734'49" E along the Easterly line of said 15th Street (Avenue "D ") for 70.99 feet to the Northerly line of said 15th Street (Avenue "0 "); thence S 88'00'49" W olong the Northerly line of said 15th Street (Avenue "D ") for 129.68 feet to o point on the Northerly projection of the Eosterly line of Ocean Drive; thence S 1'58'04" E °long sold Northerly projection for 70.00 feet to the POINT OF BEGINNING (P.O.B.). All lying and being in the Southeast Quarter (S.E. 1/4) of Fractional Section 34. Township 53 South. Range 42 East; situated in the City of Miami Beoch. County of Dode, Stote of Florida. SURVEYOR'S NOTES: — This site lies in Section 34. Township 53 South. Range 42 Eost, Dode County. Florida. — Bearings hereon are referred to on assumed value of N 01'58'04" W for the Eosterly right —of —way line of Ocean Drive. — Lands shown hereon were not abstracted for easements and /or rights— of —woy of records. - — This is not o "Lond Survey" but only o graphic depiction of the description shown hereon. — Lands shown hereon contoining 8,665 square feet, or 0.199 acres. more or less. — Dimensions indicated hereon are based on Fortin, Leavy. Skiles, sketch #295D -197. SURVEYOR'S CERTIFICATION: 1 hereby certify that this "Sketch of Description" wos mode under my responsible chorge on September 19. 1995, and meets the Minimum Technical Standards as set forth b the Florida Board of rofessionol Lond Surveyors in Chopter 61G17 -6, Florida Administrative Co p suont to Section 472.027, Florida Statutes. FORTIN, VY, LES, INC. NOT VAUD UNLESS SEALED" By: • Daniel C. Fortin, For The Firm Professional Lond Surveyor No. 2853 State of Florida Drawn By JJB adNo. 951190 Rer. D 295D -197 r SKETCH OF DESCRIPTION FORTIN L EA V; SKIMS INC. CONSULTING ENGINEERS & LAND SURVEYORS 180 Northeast 168th. Street /North Met Beach, Flores 33162 Ph. 659448 9 / Fax 651 -7152 ate 9/19/95 score 1" =50' ,lob. No. 951190 Dwz Na 195A-111-1 Sheet 1 or 2 J 1 1 1 1 1 1 L PO NT OF N 0r58'04' 1— SOUTHWESTERLY CORNER OF LOT 4 • HAIZRISON AND LOT 4 LOT PLAT OCEAN _ DRIVE NORTHERLY PROJECTION EASTERLY LINE OF OCEAN DRIVE EASTERLY UNE OF OCEAN ORNE 295.6r --f— HAYES SIJIVISION WOK 'L PAGE 75 LOT 2 PLAT OBOOK 1 S os'i 3j LOT 1 R PACE 62� • 33'i:i'T �. IsS ;c; OF za 6E0INN1N3 r /l FORMERLY AVENUE Cl PER . - PLAT BOOK 2. PACEI 77 MHO* FIRSTI'3L CIVISION PLAT pO & 2. PAGE 77 LOT LOT BLOCK 177 : SOUTHERLY UNE 01 15th STREET / ui OF ALTON IetAOI1 EXHIBIT PER C 30.x• W PLAT 2. —PACE 77 "c" OT34 1 J W g i -r W 2 Dawr,By JJB CldMa 951190 ow. 295D -197 Pbtt d 9/19/95 10.32Q r SKETCH OF DESCRIPTION 1 FORTIN, L EA VY AIMS INC. CONSULTING ENGINEERS & LAND SURVEYORS 180 Northeast 168th. Street /North Miami Beach. Florida. 51162 Ph. 6534691 /Far 651-7152 Air. 9/19/95 Scak 1 " =50' AA Na 951190 Ara 195A-111-1 sheet 2 of 2 LEGAL DESCRIPTION: EXHIBIT "C -1" A portion of the Eosterly projection of 15th Street. formerly Avenue "0, as soid Avenue "D" is shown on the plot of FISHERS FIRST SUBDIVISION OF ALTON BEACH os recorded in Plat Book 2 ot Page 77 of the Public Records of Dade County. Ford more particularly described os follows: A 10° foot wide troct of fond Northerly of and adjacent to the Eosterly projection of the centerline of said 15th Street (Avenue "D") also described as follows: Commence at the Northeast corner of Lot 2 Block 77 of soid plot, thence N 07' 34' 49" E. along the Northerly projection of the Eosterly line of said Lot 2 for 35.49 feet to the POINT OF BEGINNING (P.O.B.) said point being on the centerline of soid 15th Street (Avenue "0"); thence N 88' 00° 49 E along the Easterly projection of the said centerline of 15th Street ° (Avenue "D ") for 210.53 feet to its intersection with the Erosion Control Line, as recorded in Plot Book 105 of Poge 62 of the Public Records of Dode Count. Florida; thence N 03' 26' 32" E olong said Erosion Control Line for 10.05 feet to a point on a line 10 feet Northerly of, meosured ot right angles, and parallel with the said Eosterly projection of the centerline of soid 15th Street (Avenue "D "); thence S 88' 00' 49" W along said line for 209.80 feet to o point on the soid Northerly projection of the Eosterly line of said Lot 2. Block 77; thence S 07' 34' 49" W for 10.14 feet to the POINT OF BEGINNING (P.O.B.). All lying and being in the Southeast Ouorter (S.E. 1/4) of Froctionol Section 34, Township 53 South, Range 42 Eost; situoted in the City of Miami Beach, County of Dode. State of Florido. SURVEYOR'S NOTES: — This site lies in Section 34, Township 53 South, Ronge 42 Eost, Dode County, Florida. — Bearings hereon ore referred to on ossumed volue of N 01'58'04" W for the Eosterly right —of —woy line of Oceon Drive. — Lands shown hereon were not obstructed for easements and /or rights —of —woy of records. — This is not o "Lund Survey" but only o grophic depiction of the description shown hereon. Londs shown hereon containing 2,101 square feet. or 0.048 acres. more or less. — Dimensions indicoted hereon ore bosed on Fortin. Leavy. Sidles, sketch 12950 -197. SURVEYOR'S CERTIFICATION: I hereby certify thot this "Sketch of Description" was mode under my responsible Chore on Septe r 1 -, 1995, and meets the Minimum Technical Standards as set forth by the chorge Bo • • of Professional Land Surveyors in Chapter 61017 -6, Florida Administrotiv Code. .puu uont to Section 472.027. Fiorido Stotutes. FORTI , " ' )# iLES. INC. NOT VALID UNLESS SEALED" Daniel C. Fortin, For The Firm Professional Land Surveyor No. 2853 Stote of Florida Drawn By JJB Cod No. 951190 Ref. Dint 295D -197 SKETCH OF DESCRIPTION FORTIN, LEAVY SK!LE INC. CONSULTING ENGINEERS & LAND SURVEYORS 180 Northeast 168th. Strzet /Na'th Mtamt Beech, Fbrkfa. 33162 F1'. 6194493 /Fir 651-7152 ate 9/19/95 s 1 " =50' • Na 951190 Dwit Na 195A-111-2 sloe 1 of 2 I N 01'56'04' W 1— - LOT 3 OCEAN ti7RT or cm ow DRIVE 295.66' HAYES SL IVISION Do= PACE 75, LOT 2 LOT 1 PAT BOOK PAGE 62R SOUTHERLY LINE oil 15th STREET FORMERLY AVENUE 0. PER PLAT BOOK 2. PACE 77 F1StfRS FIRSTISU5�D�yIVISION Cr *r PLAT Doox 2.1�ACC PACe 77 Lot ®T : BLOCK 177 POINT OF 35.00' Is 35.00' S OT34'49" W 10.14' NORTHEAST CORNER r � ILOT 2 PER P"T-OF•I1Y� ur2, _PACE 771 1 1 1 1 1 � y . N 10T34'49" E S 0326'37 W ° 337.17r EXHIBIT "C -1" 35.49' 1 POINT I OF 6EGIWVNG P 115 } j L r Awn By JJB aasa 951190 Ref Dn. 295D -197 ■ ?breed 9/19/95 10:323 SKETCH OF DESCRIPTION IFORTIN, I,EAV3; AILE,S INC CONSULTING ENGINEERS & LAND SURVEYORS 180 Northeast 168th. Street /North Muni j, Florid& 53162 Ph. 659 -449.1 /Fix 651 -7142 ate 9/19/95 Sark 1 " =50' Job. Na 951190 Dsvg. N%. 195A -111 -2 `mot 2 or 2 ■ LEGAL DESCRIPTION: EXHIBIT "D" A portion of the Eosterty projection of 15th Street, formerly Avenue "0". as said Avenue `D" is shown on the plot of FISHERS FIRST SUBDIVISION OF ALTON BEACH os recorded in Plot Book 2 ot Poge 77 of the Public Records of Dade County. Florido more particularly described as follows: Begin ot the Northeast corner of Lot 2 Block 77 of said plot, thence N 0734'49" E. along the Northerly projection of the Eosterly line of said Lot 2 for 35.49 feet to o point on the centerline of said 15th Street (Avenue "0 "); thence N 88'00'49" E along the Eosterly projection of the centerline of said 15th Street (Avenue "0) for 210.53 feet to its intersection with the Erosion Control Line, shown in Plot Book 105 ot Poge 62 of the Public Records of Dode County, Florida; thence 5 03'26'32" W along soid Erosion Control Line for 35.16 feet to an intersection with the Easterly projection of the Southerly line of said 15th Street (Avenue "DD); thence S 88'00'49" W along the said Easterly projection for 213.10 feet to the POINT OF BEGINNING (P.O.B.) said troct being and is the some as the tract described in O.R. Book 11827 Poge 3218 of the Public Records of Dode County, Florido. All lying end being in the Southeast Quarter (S.E. 1/4) of Fractional Section 34, Township 53 South, Ronge 42 Eost; situoted in the City of Miami Beach, County of Dode. State of Florida. SURVEYOR'S NOTES: — This site lies in Section 34, Township 53 South, Range 42 Eost, Dode County. Florida. — Beorings hereon are referred to on assumed volue of N 01'58'04" W for the Eosterly right —of —woy line of Ocean Drive. — Lands shown hereon were not abstrocted for easements and /or rights —of —woy of records. — This is not o "Land Survey" but only o grophic depiction of the description shown hereon. — Lands shown hereon contoining 7,413 square feet. or 0.170 acres. more or Tess. — Dimensions indicoted hereon ore bosed on Fortin, Leavy, Skiles, sketch #295D -197. SURVEYOR'S CERTIFICATION: hereby certify that this "Sketch of Description" wos mode under my responsible chorge on September 19. 1995, and meets the Minimum Technicol Stondords as set forth by the Florida Board 'fessionol Lond Surveyors in Chopter 61G17 -6, Florida Administrotive C •e, pu -uont to Section 472.027, Florido Statutes. FORTIN, - S ILES. INC. 'NOT VAUD UNLESS SEALED' Ey: Daniel C. Fortin, For The Firm Professional Lond Surveyor No. 2853 State of Florido D• rawn By JJB Cad No. 951190 Ref D. 295D -197 J SKETCH OF DESCRIPTION FORTIS% L EAVX SKJLE INC. CONSULTING ENGINEERS & LAND SURVEYORS 180 Northeast 168th. Street /North Mtsmt Beads Florid& 33162 Ph. 6S .9 4 4. 9 3 /Fax 6517152 Dste 9/19/95 Scale 1" =50' Job. No. 951190 Na 195A-111-3 `Sheet 1 of 2 / 1 N 01'58'04 W� 1 1 1 LOT 4 LOT 3 PLAT OCEAN T HAYES SIJ7I V I SI ON DOCK Z PAOe Tb LOT 2 LOT 1 295.68' DRIVE T 35.00' SOUTHERLY LINE 15th STREET 7i ' y FORMERLY AVENUE 12 PER 8 W �I PLAT BOOK 2, PAGE! 77 m W ro 1991 -EIZS rIRSTI St.DIVI9ION 1 z f'1/ * Or ALTON OEACl1 PLAT bO 2.IPAOt 77 LOT 1 I LOT 2 BLOCK ITT POI Nfi OF 6EOiNNING NORTH RLY CORNER _= ILOT 2 PER UT -AY PAGF 77 2. MINIIIIIIIIIIIID EROSION CONTROL upg PER PLAT HOOK 105, PACE 62 0326'32. W �- 33. ,, EXHIBIT "D" 35.00' 1 1 1 O C 35.16' S 03'26'32" W Dawnsy JJB alarm 951190 Rd D„a 2950 -197 Potted 9/19/95 10323 s SKETCH OF DESCRIPTION FORTIN IL EA V ALES INC CONSULTING ENGINEERS & LAND SURVEYORS 160 Northeast 168th Street /Nor h Miami Beech Florida. 33162 Ph. X44 /Fax 651-7152 ate 9/19/95 1 saax 1 " =50' Jolt Na 951190 Na 195A-111-3 sheet ■ 2 of 2 LEGAL DESCRIPTION: EXHIBIT "E" A portion of the Easterly projection of 15th Street, formerly Avenue "D ", as soid Avenue "D" is shown on the plot of FISHERS FIRST SUBDIVISION OF ALTON BEACH os recorded in Plot Book 2 of Poge 77 of the Public Records of Dode County, Florido more porticulorly described as follows: A 10' foot wide tract of land Southerly of and adjacent to the Easterly projection of the centerline of said 15th Street (Avenue "0 ") also described as follows: Commence of the Northeast corner of Lot 2 Block 77 of said plot. thence N 07'34'49" E. along the Northerly projection of the Easterly line of said Lot 2 for 35.49 feet to the POINT OF BEGINNING (P.0.8.) soid point being on the centerline of said 15th Street (Avenue "D "); thence N 88'00'49" E along the Easterly projection of the said centerline of 15th Street (Avenue "0") for 210.53 feet to its intersection with the Erosion Control Line, os recorded in Plot Book 105 of Poge 62 of the Public Records of Dode County, Florida; thence S 03'26'32" W °long said Erosion Control Line for 10.05 feet to point on a line 10 feet Southerly of, measured of right onles, and parallel with the said Easterly projection of the centerline of said 15th Street (Avenue 0 "); thence S 88'00'49" W along said line for 211.27 feet to point on the said Northerly projection of the Easterly line of soid Lot 2, Block 77; thence N 0734'49 "E for 10.14 feet to the POINT OF BEGINNING (P.O.B.). All lying and being in the Southeast Quarter (S.E. 1/4) of Fractional Section 34, Township 53 South, Ronge 42 East; situated in the City of Miami Beach. County of Dade, State of Florida. SURVEYOR'S NOTES: — This site lies in Section 34. Township 53 South, Range 42 Eost, Dade County, Florida. — Bearings hereon are referred to on assumed value of N 01'58'04" W for the Easterly right —of —way line of Oceon Drive. — Lands shown hereon were not obstructed for easements and /or rights —of —way of records. — This is not o "Land Survey" but only o graphic depiction of the description shown hereon. - Lands shown hereon containing 2,109 square feet. or 0.048 acres, more or Tess. — Dimensions indicated hereon ore bused on Fortin, Leavy, Skiles, sketch #295D -197. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was mode under my responsible charge on Septem. 9. 1995, and meets the Minimum Technical Stondords as set forth by the Florida Boor: of Professional Land Surveyors in Chapter 61G17 -6, Florida Administrative ode, pursuant to Section 472.027. Florida Statutes. FORTIN, ILES, INC. NOT VAUD UNLESS SEALED" Daniel C. Fortin, For The Firm Professional Land Surveyor No. 2853 Stote of Florida 1 Drawn By JJB Cad No. 951190 Ret:risvg. 295D -197 Plotted 1 SKETCH OF DESCRIPTION FORTIN, L EAV SKILES INC. CONSULTING EIVGJ VEERS & LAND SURVEYORS 180 Northeast 168th. street /North Miami Beach, Florida 31162 Ph. 658X93 /Fax 651-7152 Doe 9/19/95 ° Soak 1" =50' ✓oil Na 951190 Dwp Na 195A-111-4 sheet 1 of 2 r 1 1 1 N 01'58'04 1-- HAIZR I SON AI D PLAT LOT 4 LOT 3 OCEAN UK Cr T HAYES 5L.epI V 1510N COOK 1. PAGE 75 LOT 2 LOT 1 EROSION 05L PER PAGE 62 295.68' DRIVE 35.00' 6 1 I ix I I I- 1' SOUTHERLY LINE 0E 15th STREET --N FORMERLY AVENUE Cr PER W I PLAT BOOK 2, PAGE 77 IryL�I fl5t'f.R5 fIRSTIStIVISION 1 L.0 Of ALTON CeACH b x W PLAT COOK 2.IPAGe 77 LOT 1 1 LOT 2 4J J Z BLOCK 177 PO I Nfi OF r- C/0 NORTH TE_ Y COR 1 NORTH 0T CORNER ��OFILOT 2 1 PER P(ArpWIAY I— _PAGE 77I 2• $ 03'26'32" W 33713 » En EXHIBIT. 35.00' LOT 1, BLOCK 50 N 1 0734'49" E 35.49' a7w7By JJB Cad Ara 951190 295D-197 Mated 9/19/95 10 :32a 1 SKETCH OF DESCRIPTION FORTIN, EAVY, SKI ,S INC. CONSULTING ENGINEERS & LAND SURVEYORS 180 Northeast 1 68th. Street /North Mdam1 Beac4 Flakda. 33162 Ph. 659 -4 l9 3 /Fax 651-7152 Ante 9/19/95 ■ scale 1 " =50' Job. Na. 951190 Dwg. Na 195A-111-4 `Sheet 2 of 2 i r ..._ /. ----__ i LANDSkPE 17 AREA BEACI.T r; VILLAGIO PROJECT R Ce'r ■•• Zg ' A (PEDES EMERGENCY VEHICLAIAI MODIF LH r , 1 OCtA14. _ _ \—../ ;;;11.- IL VILLAGGIO, MIAMI BEACH. FLORIDA EXHIBIT "F" Luis 0. Revuelta Architecture Intesior Deskin Planning 4260 SW. 73RD AVE Marti, FL 33155 (305) 2654985 (FAX) 2639732 MODIFIED CUL—DE—SAC Prepared By and Return to: Judith A. Burke, Esq. Shutts & Bowen 1600 Miami Center 201 South Biscayne Boulevard Miami, Florida 33131 GRANT OF PERPETUAL EASEMENT WHEREAS, Worldinvest Joint Venture, a Florida general partnership (the "Developer ") is the owner of that certain property situate, lying and being in Dade County, Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property "); and WHEREAS, a plan for the development of the Property (the "Project ") was approved by the Board of Adjustment of the City of Miami Beach on May 5, 1995 under File No. 2447; and WHEREAS, as a condition to the approval of the Project, The City of Miami Beach, Florida (the "City ") required that the Developer grant a perpetual easement to the City for use as an at -grade pedestrian walkway across that certain parcel of land approximately fifteen (15) feet in width running along the dune line near the eastern boundary of the Property, as such parcel is more particularly described in Exhibit "B" attached hereto and incorporated herein (the "Easement Parcel "); and WHEREAS, the City desires to construct an at- grade landscaped pedestrian walkway on the Easement Parcel (the "Walkway ") and the Developer desires to dedicate a perpetual easement for public purposes over the Easement Parcel. NOW, THEREFORE, in consideration of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer by these presents does assign to the City, it successors and assigns, a perpetual non exclusive easement over and across the Easement Parcel for the purpose of a public walkway. Provided, however, that the Developer hereby reserves all right, title, interest and privilege and the full enjoyment of such Easement Parcel and the use thereof for all purposes not inconsistent with the use specified above. The Developer and the City further agree to the following: 1. The Developer hereby grants to the City a right and license to come upon the Easement Parcel for the purposes of constructing the Walkway. 2. Subsequent to the issuance of the building permit for the Project, but prior to the issuance of a certificate of occupancy for any portion of the Project, Worldinvest shall deliver to the City, in form and content reasonably satisfactory to the City, the following: (a) a cash deposit or bond in the amount of Fifteen Thousand Dollars ($15,000.00) payable to the City to be used to construct the at grade walkway upon the Easement Parcel (the "Walkway Security "); and (b) a cash deposit or bond in the amount of Fifteen Thousand Dollars ($15,000.00) payable to the City to be used to provide landscaping upon the Easement Parcel (the "Landscape Security "). The City shall attempt to obtain approvals from the State of Florida for construction of the Walkway, including the landscaping. The Walkway Security shall provide for payment to the City within twenty (20) days of the City's written demand to Developer (the "Walkway Demand "), together with proof that all permits required for construction of the Walkway have been obtained and the City is ready to begin construction of the Walkway. In the event the City has not delivered the Walkway Demand to Developer within five (5) years of the date of this instrument, the Walkway Security shall be released to Developer and Developer's obligation to pay any portion of the cost of construction of the Walkway shall be deemed satisfied. In the event the Walkway Demand is delivered prior to the date the Walkway Security is provided, Developer shall pay the Fifteen Thousand Dollars ($15,000.00) to the City within twenty (20) days of the date of the Walkway Demand in lieu of posting the Walkway Security. In no event shall any certificates of occupancy be issued for the Project until either the Walkway Security is posted or payment is made to the City in response to the issuance of the Walkway Demand. The Landscape Security shall provide for payment to the City within twenty (20) days of the City's written demand to Developer (the "Landscape Demand "), together with proof that all permits required for the landscaping of the Walkway have been obtained and the City is ready to begin installation of the landscaping. In the event the City has not delivered the Landscape Demand to Developer within five (5) years of the date of this instrument, the Landscape Security shall be released to Developer and Developer's obligation to pay any portion of the cost of the landscaping shall be deemed satisfied. In the event the Landscape Demand is delivered prior to the date the Landscape Security is provided, Developer shall pay Page 2 of 5 the Fifteen Thousand Dollars ($15,000.00) to the City within twenty (20) days of the date of the Landscape Demand in lieu of posting the Landscape Security. In no event shall any certificates of occupancy be issued for the Project until either the Landscape Security is posted or payment is made to the City in response to the issuance of the Landscape Demand. 3. The City shall construct the Walkway and install the landscaping on the Easement Parcel. The City shall deliver notice of its intention to commence construction of the Walkway or installation of the landscaping to Developer at least thirty (30) days prior to the date set for such commencement. 4. After construction of the Walkway and installation of the landscaping, the City shall have the sole responsibility and shall bear the total expense for the maintenance of the Walkway, except for any repairs or maintenance arising from the negligence of the Developer. 5. The City shall insure the Walkway in the same manner as it insures all other public sidewalks. 6. This Grant of Perpetual Easement shall inure to the benefit of, and be binding upon, the successors and assigns of both parties. IN WITNESS WHEREOF, the undersigned have caused this Grant of Perpetual Easement to be executed as of the day of , 1996. WITNESSES: THE DEVELOPER: Sign Name: Print Name: Sign Name: Print Name: WORLDINVEST JOINT VENTURE, a Florida general partnership By: Tigerside Investment Corp., a Florida corporation, general partner of Worldinvest Joint Venture By: Page 3 of 5 Gustavo Magalhaes Pinto Secretary WITNESSES: THE CITY: Sign Name: Print Name: Sign Name: Print Name: STATE OF COUNTY OF THE CITY OF MIAMI BEACH, a municipal corporation By: The foregoing instrument was acknowledged before me this day of 1996 by Gustavo Magalhaes Pinto, as Secretary of Tigerside Investment Corp., a Florida corporation, general partner of Worldinvest Joint Venture, on behalf of the partnership. He is personally known to me or has produced as identification and who did (did not) take an oath. NOTARY PUBLIC Typed or Printed Name of Notary My commission expires: Serial No , if any. Page 4 of 5 STATE OF FLORIDA ) COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of 1996 by of The City of Miami Beach, a municipal corporation, on behalf of the corporation. He is personally known to me or has produced as identification and who did (did not) take an oath. M1A95 13659.4 - L1M 1/5/96(1) NOTARY PUBLIC Typed or Printed Name of Notary My commission expires: Serial No., if any: Page 5 of 5 Worldinvest Property EXHEBIT "A" j.EGAL DESCRIPTION Tapia (F.O.B.)-at the Southwesterly corner of Lot a, Rarr son and Ewes Subdivision, as recorded in Flat BOok 4, c pare 73 of the public records of Dads'County, 1 Florida, and runs W.1.59'11" V; along the tester!, line of Oceao Drive, a distsaee of- 1 295.70 feet to the Southerly line of 15th Street, formerly Avenue "D "; thence run w.88 00'49 t. along the Southerly tins of 15th Street, a distance of 117.90 to the Easterly end of 15th Street, formerly Avenue "D", as said Avenue "D" is abd* - on Fishers First Subdivision of Alton Beach, recorded in Flat rook 2, at page 77 of the public records of We County, Florida; thence run N.7'34'i9 "E. along the. Lastealy line of 15th Street, formerly Avenue "D ", a distance of 35.49 feat to the centerline of said Straet; thence run R.SS'00'49" L. a1onA the projection ta,sterly of tht eeaterline of 1Sth Street, a distance of 210.63 feet. to the inttrsactionn the trosion Control Line, recorded in Flat Book 105, at page 62 of the public . '. - , records of Dade County, Florida; thence run S.3.26'3211. alont the Erosion Contio3 Line, a distance of 332.19 feet to the intersection of the projection Easterly of _ the Southerly line of said Lot 4 of aforesaid Earrisoa and Reyes Subdivisions; thence runs S.86•00'49 "V. along the Southerly liar of Lot 4 and iti projection •. Easterly, a distance of 303.00 feet to the Point of Beginning (1.0.3.). ' AM DESCRIBED CONTAINS 101.169 SQUARE FEET. MORE OR LESS.. OR 2.323 ACRES, HOU OR LESS. LEGAL DESCRIPTION: A 15 foot wide parcel of land lying in Section 34 Township 53 South Range 42 East. being more particularly described os follows: Commence of the Southwest corner of Lot 4, HARRISON AND HAYES SUBDIVISION, as recorded in Plot Book 9 of Poge 73 of the Public Records of Dode County. Florido; thence N 88' 00' 49" E along the South line of said Lot 4 for 303.00 feet to o point on the Erosion Control Line, recorded in Plot Book 105 at Poge 62 of the Public Records of Dade County, Florida. said point being the POINT OF BEGINNING; thence N 03' 26' 32" E olong sold Erosion Control Line for 332.17 feet to a point on Eosterly extension of the centerline of 15th Street. formerly Avenue "0 ", os said Avenue "D" is shown on the Plot of FISHERS SUBDIVISION OF ALTON BEACH, recorded in Plot Book 2 of Poge 77 of the Public Records of Dode County. Florida; thence S 88' 00' 49" W olong said centerline extension for 15.07 feet to 0 point on o line 15.00 feet West of, as measured of right angles, and poroliel with soid Erosion Control Line; thence S 03' 26' 32" W along sold line for 332.17 feet to o point on the South line of said Lot 4; thence N 88' 00' 49" E along the South line of soid Lot 4 for 15.07 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: — This site lies in Section 34, Township 53 South, Range 42 East, Dade County, Florido. — Beorings hereon ore referred to on assumed volue of N 01'58'04" W for the Eosterly right —of —way line of Oceon Drive. — Lands shown hereon were not obstructed for easements and /or rights —of —way of records. — This is hot o "Land Survey" but only o graphic depiction of the description shown hereon. — Lands shown hereon containing 4,983 square feet, or 0.1144 acres, more or Tess. — Dimensions indicated hereon ore based on Fortin, Leavy, Skiles, sketch 1295D -197. SURVEYOR'S CERTIFICATION: 1 hereby certify that this "Sketch of Description was mode under my responsible chorge on October 26. 1995, and meets the Minimum Technical Standards as set forth by the Florido Boor • of Professional Lond Surveyors in Chapter 61G17 -6, Florido Administrotiv od, , pursuont to Section 472.027, Florido Statutes. FORTI LEAVY SKILES. INC. Daniel C. Fortin, For The Firm Professional Land Surveyor No. 2853 Stote of Florido By NOT VALID UNLESS SEALED" DralwnBy DANJR ■ 10/26/95 Cant Not 951442 ,be Na Ref. Ante 2950 -197 195A -134 `suet 1 or 2 . PIxted J r SKETCH OF DESCRIPTION FORTIN L EAVY SKILL INC. CONSULTING ENGINEERS & LAND SURVEYORS 180 Northeast 168th Street /North 'Warns Beach. Florida 31[62 Ph. 653-4493/Fax 65.1-71S? e Data ■ 10/26/95 Soak 1 " =50' ,be Na 951442 Dwp. Na 195A -134 `suet 1 or 2 0 0 O -OI O F co SOUTHWESTERLY CORNER OCEAN . OF LOT 4 LOT 4 1 14 860149' E ;9/ z �/ N 01'56.04' wL _ r— ---� - 150N AND 1.07 PLAT 295.6x' T HAYES 5U4IVISION COOKS PAOe 75 1 1OT 2 LOT 1 DRIVE 1 1 UNE FORK PER AVE UE {V 15th PLAT BOOK 2. PACE 77 FI55 FIRST OF ALTON PLAT coon 2. 1OT 1 BLOCK SLW1VISION Df=ACK PAOt 77 .00. PER PLAT _?M/AY 1""' PAGE 77 2, 77 LOT 2 35.00' 35.00' 1 1 1 1 1 / plum BY DANJR ad 951442 D„z 295D -197 `? 9/19/95 10:323 SKETCH OF DESCRIPTION FORTIN L EAVY, SKJL1 SKIMS INC. CONSULTING ENGINEERS & LAND SURVEYORS 180 Northeast 168th. Street /North Miami Bed nand:. X1152 Ph. 633 -4493 /Fax 6.51-7152 ate 10/26/95 Sucre 1" =50' Job. Na 951442 D. Na 195A -134 `Sheet 2 eat 2 Exhibit "H" This instrument prepared by and when recorded return to: John C. Sumberg, Esq. Rubin Baum Levin Constant Friedman & Bilzin 2500 First Union Financial Center Miami, Florida 33131 -2336 GRANT OF PERPETUAL EASEMENT WHEREAS, Jefferson Plaza, Ltd., a Florida limited partnership (the "Developer ") is the owner of that certain property situate, lying and being in Dade County, Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property "); and WHEREAS, a plan for the development of the Property (the "Project ") was approved by the Board of Adjustment of the City of Miami Beach on August 26, 1994 under File No. 2394; and WHEREAS, as a condition to the approval of the Project, The City of Miami Beach, Florida (the "City ") required that the Developer grant a perpetual easement to the City for use as an at- grade pedestrian walkway across that certain parcel of land approximately fifteen (15) feet in width running along the dune line near the eastern boundary of the Property, as such parcel is more particularly described in Exhibit "B" attached hereto and incorporated herein (the "Easement Parcel "); and WHEREAS, the City desires to construct an at -grade landscaped pedestrian walkway on the Easement Parcel (the "Walkway ") and the Developer desires to dedicate a perpetual easement for public purposes over the Easement Parcel. NOW, THEREFORE, in consideration of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer by these presents does assign to the City, its successors and assigns, a perpetual non exclusive easement over and across the Easement Parcel for the purpose of a public walkway. RUBIN /SYS: \DMS \72343 \6199 \0099471:02 January 4, 1996 Provided, however, that the Developer hereby reserves all right, title, interest and privilege and the full enjoyment of such Easement Parcel and the use thereof for all purposes not inconsistent with the use specified above. The Developer and the City further agree to the following: 1. The Developer hereby grants to the City a right and license to come upon the Easement Parcel for the purposes of constructing the Walkway according to the attached survey. 2. The City shall deliver notice of its intention to commence construction of the Walkway to Developer at least thirty (3 0) days prior to the date set for such commencement. 3. After construction of the Walkway, the City shall have the sole responsibility and shall bear the total expense for the maintenance of the Walkway, except for any re- pairs or maintenance arising from the negligence of the Property owner. 4. The provisions of this Easement shall be binding on all successors and assigns of the parties hereto. IN WITNESS WHEREOF, the undersigned have caused this Grant of Easement to be executed as of the day of , 1996. WITNESSES: THE DEVELOPER: JEFFERSON PLAZA, LTD., a Florida limited partnership. By: JEFFERSON PLAZA MANAGEMENT, L.C., a Florida limited liability company, general partner Sign Name: By: Print Name: Jean -Marc Meunier, Manager Sign Name: Print Name: RUBIN /SYS: \DMS \72343 \6199 \0099471.02 January 4, 1996 Page 2 of 4 WITNESSES: THE CITY: Sign Name: Print Name: Sign Name: Print Name: STATE OF COUNTY OF ) THE CITY OF MIAMI BEACH, a municipal corporation By: The foregoing instrument was acknowledged before me this day of , 1996 by Jean -Marc Meunier, Manager of Jefferson Plaza Management, L.C., a Florida limited liability company, as general partner of Jefferson Plaza, Ltd., on behalf of the partnership. He is personally known to me or has produced as identification and who did (did not) take an oath. RUBIN /SYS: \DMS \72343 \6199 \0099471.02 January 4, 1996 NOTARY PUBLIC Typed or Printed Name of Notary My commission expires: Serial No, if any Page 3 of 4 STATE OF FLORIDA COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of , 1996 by of The City of Miami Beach, a municipal corporation, on behalf of the corporation. He is personally known to me or has produced as identification and who did (did not) take an oath. RUBIN /SYS : \DMS \72343 \6199 \0099471.02 January 4, 1996 NOTARY. PUBLIC Typed or Printed Name of Notary My commission expires: Serial No, if any Page 4 of 4 EXHIBIT ',A" LEGAL DESCRIPTION All of Lots 1, 2, 3, 18, 19, 20; and the South 1/2 of Lots 4 and 17, all in Block 56 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 AND A parcel of land adjacent to and immediately East of the above described lands and more particularly described as follows: Beginning at the S.E. corner of said Lot 1, Block 56, of "FISHER'S SUBDIVISION OF ALTON BEACH"; thence North 7 degrees 35 minutes 20 seconds East along the Easterly line of said Block 56 for a distance of 177.47 feet to the Northeast corner of the South 1/2 of said Lot 4, Block 56; thence North 88 degrees 00 minutes 23 seconds East along the Easterly extension of the North line of said South 1/2 of Lot 4 for a distance of 195.26 feet to a point on a line known as the Erosion Control Line as recorded in Plat Book 105, at Page 82 of the Public Records of Dade County, Florida; thence South 3 degrees 26 minutes 45 seconds West along said Erosion Control Line also known as the Bulkhead line as described in Ordinance No. 856 Section 1 of the City of Miami Beach, recorded in Plat Book 74, at Page .4, of the Public Records of Dade County, Florida; for a distance of 175.78 feet; thence South 88 degrees 00 minutes 21 seconds West along the Easterly extension of the South line of said Lot 1, Block 56, for 208.14 feet to the Point of Beginning, lying and being in the City of Miami Beach, Dade County, Florida. ON /NN/038 JO ti 35' 35' 1 Collins A Ve t4 0 C)1 �- S.03'27'07 -W. _alt 210.94' SCALE: 1" = 80' co EROSION CONTROL LINE N '2707' RECORDED IN C.M.B. ORD. NO. 856, SEC. 1 210.94' Atlantic Ocean CL SURVEYING & MAFFINg 12980 S.T. 18212d Court, Suite 216, 38ami, Merida 85188 Tel:(306) 262 -0698, Ya=(906) 262 -9661 SHEET 1 OF 2 Specific Purpose Survey Sketch to Accompany Legal Description .x1,1 1 +S Portion of "Fisher's First Subdivision of Alton Beach" (P.B. 2, Pg. 77) Legal Description A 15 foot wide strip of land being a portion of Lots 1, 2, 3, and 4 of FISHER'S FIRST SUBDIVISION OF ALTON BEACH according to the Plat as recorded in Plat Book 2, at page 77 of the Public Records of Dade County, and a portion of the right of way of 15th Street, all being more particularly described as: Commence at the Southwest corner of Lot 20, Block 56 of aforementioned Plat of FISHER'S FIRST SUBDIVISION OF ALTON BEACH and proceed N88'00'47"E, along the South line of said Lot 20, and along the South line of Lot 1, Block 56 for 593.07 feet; thence S0327'07"W, 35.16 feet,to the POINT OF BEGINNING of the following described parcel; thence N88'00'47"E, 15.07 feet to the Erosion Control Line as it is recorded in City of Miami Beach Ordinance No. 856, Section 1 ; thence, N0327'07"E, along said Erosion Control Line, 210.94 feet; thence S88'00'47"W, along the South line of the North 1/2 of Lot 4, Block 56 of said Plat of FISHER'S FIRST SUBDIVISION OF ALTON BEACH, 15.07 feet; thence SO327'07"14/, along a line parallel with and 15.00 feet Westerly of, the aforementioned Erosion Control Line, 210.94 feet to the POINT OF BEGINNING. Surveyor's Notes 1) THIS IS NOT A LAND SURVEY. 2) The specific and ONLY purpose for this drawing is to graphically depict the included legal description. 3) Bearings shown hereon relate to the centerline of 15th Street which bears N88'00'47"E. 4) This Survey is not valid unless it bears the signature and embossed seal of the surveyor. THIS IS TO CERTIFY that this SPECIFIC PURPOSE SURVEY is accurate to the best of my knowledge. I FURTHER CERTIFY that this survey meets the Minimum Technical Standards as set forth by the Florida Board of Land Surveyors in Chapter 61G17-6, Florida Administrative Code. By: I2 0. High Professional Land Surveyor No. 4632 State of Florida II!GN SUUVEYING & MAPPING 12380 S.R. 132ad Conk, Suite 218, Sit mi, Florida 38188 TeL•(306) 262 -0898, ?w(305) 252 -9651 SHEET 2 OF 2t( Specific Purpose Survey Sketch to Accompany Legal Description DATE; 11-10-95 ,4 PROJ 775—E 14)Ut P7 l Prepared By and Return to: Judith A. Burke, Esq. Shutts & Bowen 1600 Miami Center 201 South Biscayne Boulevard Miami, Florida 33131 GRANT OF PERPETUAL EASEMENT WHEREAS, Worldinvest Joint Venture, a Florida general partnership (the "Developer ") is the owner of that certain property situate, lying and being in Dade County, Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property "); and WHEREAS, a plan for the development of the Property (the "Project ") was approved by the Board of Adjustment of the City of Miami Beach on May 5, 1995 under File No. 2447; and WHEREAS, as a condition to the approval of the Project, The City of Miami Beach, Florida (the "City ") required that the Developer grant a perpetual easement to the City for use as an at -grade pedestrian walkway across that certain parcel of land approximately fifteen (15) feet in width running along the dune line near the eastern boundary of the Property, as such parcel is more particularly described in Exhibit "B" attached hereto and incorporated herein (the "Easement Parcel "); and WHEREAS, the City desires to construct an at -grade landscaped pedestrian walkway on the Easement Parcel (the "Walkway ") and the Developer desires to dedicate a perpetual easement for public purposes over the Easement Parcel. NOW, THEREFORE, in consideration of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer by these presents does assign to the City, it successors and assigns, a perpetual non exclusive easement over and across the Easement Parcel for the purpose of a public walkway. Provided, however, that the Developer hereby reserves all right, title, interest and privilege and the full enjoyment of such Easement Parcel and the use thereof for all purposes not inconsistent with the use specified above. The Developer and the City further agree to the following: 1 The Developer hereby grants to the City a right and license to come upon the Easement Parcel for the purposes of constructing the Walkway. 2. Subsequent to the issuance of the building permit for the Project, but prior to the issuance of a certificate of occupancy for any portion of the Project, Worldinvest shall deliver to the City, in form and content reasonably satisfactory to the City, the following: (a) a cash deposit or bond in the amount of Fifteen Thousand Dollars ($15,000.00) payable to the City to be used to construct the at grade walkway upon the Easement Parcel (the "Walkway Security "); and (b) a cash deposit or bond in the amount of Fifteen Thousand Dollars ($15,000.00) payable to the City to be used to provide landscaping upon the Easement Parcel (the "Landscape Security "). The City shall attempt to obtain approvals from the State of Florida for construction of the Walkway, including the landscaping. The Walkway Security shall provide for payment to the City within twenty (20) days of the City's written demand to Developer (the "Walkway Demand "), together with proof that all permits required for construction of the Walkway have been obtained and the City is ready to begin construction of the Walkway. In the event the City has not delivered the Walkway Demand to Developer within five (5) years of the date of this instrument, the Walkway Security shall be released to Developer and Developer's obligation to pay any portion of the cost of construction of the Walkway shall be deemed satisfied. In the event the Walkway Demand is delivered prior to the date the Walkway Security is provided, Developer shall pay the Fifteen Thousand Dollars ($15,000.00) to the City within twenty (20) days of the date of the Walkway Demand in lieu of posting the Walkway Security. In no event shall any certificates of occupancy be issued for the Project until either the Walkway Security is posted or payment is made to the City in response to the issuance of the Walkway Demand. The Landscape Security shall provide for payment to the City within twenty (20) days of the City's written demand to Developer (the "Landscape Demand "), together with proof that all permits required for the landscaping of the Walkway have been obtained and the City is ready to begin installation of the landscaping. In the event the City has not delivered the Landscape Demand to Developer within five (5) years of the date of this instrument, the Landscape Security shall be released to Developer and Developer's obligation to pay any portion of the cost of the landscaping shall be deemed satisfied. In the event the Landscape Demand is delivered prior to the date the Landscape Security is provided, Developer shall pay Page 2 of 5 the Fifteen Thousand Dollars ($15,000.00) to the City within twenty (20) days of the date of the Landscape Demand in lieu of posting the Landscape Security. In no event shall any certificates of occupancy be issued for the Project until either the Landscape Security is posted or payment is made to the City in response to the issuance of the Landscape Demand. 3. The City shall construct the Walkway and install the landscaping on the Easement Parcel. The City shall deliver notice of its intention to commence construction of the Walkway or installation of the landscaping to Developer at least thirty (30) days prior to the date set for such commencement. 4. After construction of the Walkway and installation of the landscaping, the City shall have the sole responsibility and shall bear the total expense for the maintenance of the Walkway, except for any repairs or maintenance arising from the negligence of the Developer. 5. The City shall insure the Walkway in the same manner as it insures all other public sidewalks. 6. This Grant of Perpetual Easement shall inure to the benefit of, and be binding upon, the successors and assigns of both parties. IN WITNESS WHEREOF, the undersigned h e caused this Grant of Perpetual Easement to be executed as of the I-2-- day of .,__ 1996. WITNESSES: Sign Name: Print Name: Sign Name: Print Na n THE DEVELOPER: WORLDINVEST JOINT VENTURE, a Florida general partnership By: Tigerside Investment Corp., a Florida corporation, general parts r of Worldinvest oin entur By: Gu vo Magalhaes Pinto Sectary Page 3 of 5 WITNESSES: Sign Name:. ° A ' AL_ Print Name: Ktr ekAN A- Sign Name: ✓�° Print Name: H , ui:ed , J STATE OF COUNTY OF THE CITY: THE CITY • MIAMI BEACH, a municipal orporation Bv• mo el be. Maior A Teri.: (2-pkAAkk ea/44w RoF,m PAptfIE FORM APPROVED LEGA D PT By Date 2 r/ 6 The foregoing instrument was acknowledged before me 1996 by Gustavo Magalhaes Pinto, as Secretary of Tigerside corporation, general partner of Worldinvest Joint Venture, He is personally known to me or has produced did (did not) take an oath. this / z_ day o ' ' -�- , Investment Core, a Florida behalf of the partnership. as identification and who N ARY PUBLIC ' "� t'ot Y P '4.(k' My Commission CC368654 Expires May 01, 1998 ljll Bonded by HAI 800- 422-1555 Typectr rinted Name of Notary My commission expires: Serial No , if any• Page 4 of 5 STATE OF FLORIDA ) COUNTY OF DADE ) The forgoing ins rument was acknowledged before me this /C% day of 1 1996 by ,e6., of The City of Miami Beach, a municipal corporatio , on behalf ''of the corporation. He its personally known to me or has produced as identification and who did (did not) take an oath. MIA95 13659.4 - L1 M 1/5/96(1) NOTARY PUBLIC /; -/ /,'q, J aleR, OFFICIAL NOTARY SEAL LILLIAN BEAUCHAIP I NOTARY PUBLIC STATE OF t LOR_DA1 COMMISSION NO. C 47882 My commission expires: Serial No., if any: Page 5 of 5 otary Worldinvest Property EXRD311 "A" LEGAL DESCRIPTION e. fegin (P.0.1.)-at Os Southwesterly corner of Lot 4, lerrtsom and Reyes Sebdivisioo, as recorded in Flat Book 9. t page 73 of the public records of Dade'County. Florida, and run M.1•59'11 "v `along the Easterly line of Deese Drive, a distaaca of I 295.70 feet to the Southerly lice of 15th Street, formerly Avenue "D"; thence rem i (.88•00'49 "Y. along the Southerly line of 15th Street, a distance of 117.90 to • the Easterly end of 15th Street, formerly Areous "D ", as said Avenue "D" is shcve on Fishers First Subdivision of Alton Beach, recorded io plat Book 2, at page 77 of the public records of Dade County, Florida; thence run M.7•34'i9 "E. along the. Easterly line of 15th Street, foraerly Avenue "D", a distance of 35.49 feat to the centerline of maid Street; thence run 8.85•00'49 "E. alOoR the projection Easterly • of the centerline of 15th Street, a distance of 210.63 feet to the L ttraection::of the Erosion Control Line, recorded in Plat Book 105, at page 62 of the public . •. - _ records of Dade County, Florida; thence runS.3'26'32"W. along the Erosion Cont o1 Line, a distance of 332.19 feet to the interaectioa of the projection Easterly of the Southerly line of said Lot 4 of aforesaid 8arTisc0 and Reyes Subdivision; thence run 5.88•00'19 "V. along the Southerly lies of Lot 4 and its projection • Easterly, a distance of 303.00 feet to the Point of Beginning (P.0.3.). AREA DESCRIBED CONTAINS 101,169 SQUARE FEET, MORE OR LESS, OR 2.323 ACRES, MORE OR LESS. LEGAL DESCRIPTION: A 15 foot wide parcel of land Tying in Section 34 Township 53 South Runge 42 East, being more particularly described os follows: Commence at the Southwest corner of Lot 4, HARRISON AND HAYES SUBDIVISION, as recorded in Plot Book 9 at Page 73 of the Public Records of Dade County. Florida; thence N 88' 00' 49 E along the South line of said Lot 4 for 303.00 feet to o point on the Erosion Control Line, recorded in Plot Book .105 at Page 62 of the Public Records of Dade County, Florida, said point being the POINT OF BEGINNING; thence N 03' 26' 32" E along said Erosion Control Line for 332.17 feet to a point on Easterly extension of the centerline of 15th Street, formerly Avenue "D ", os soid Avenue "D" is shown on the Plat of FISHERS SUBDIVISION OF ALTON BEACH, recorded in Plot Book 2 at Page 77 of the Public Records of Dade County, Florida; thence S 88' 00' 49" W olong said centerline extension for 15.07 feet to a point on line 15.00 feet West of, as measured of right angles, and parallel with said Erosion Control Line; thence S 03' 26' 32" W along said line for 332.17 feet to point on the South tine of soid Lot 4; thence N 88' 00' 49" E along the South tine of soid Lot 4 for 15.07 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: — This site lies in Section 34, Township 53 South, Range 42 East, Dade County, Florida. — Bearings hereon are referred to on assumed value of N 01'58'04" W for the Easterly right —of —way line of Ocean Drive. — Lands shown hereon were not obstructed for easements and /or rights— of —woy of records. — This is not o "Land Survey" but only o grophic depiction of the description shown hereon. — Lands shown hereon containing 4.983 square feet, or 0.1144 acres. more or Tess. — Dimensions indicated hereon are based on Fortin. Leavy. Skiles, sketch #295D -197. SURVEYOR'S CERTIFICATION: 1 hereby certify that this "Sketch of Description" was made under my responsible chorge on October 26. 1995. and meets the Minimum Technical Standards as set forth by the Florido Boor • of Professionol Land Surveyors in Chapter 61017 -6. Florida Administrotiv ' od pursuant to Section 472.027. Florida Statutes. FORTI By SKILES, INC. Daniel C. Fortin, For The Firm Professional Land Surveyor No. 2853 State of Florida "NOT VALID UNLESS SEALED" Drawn By DANJR ■ Cad No. 951442 Ref Avg. 295D -197 Job. No. 951442 ■ p J r SKETCH OF DESCRIPTION FOIRTIN, L EAV ; SK ,S ITC. CONSULTING ENGEVEERS & LAND SURVEYORS 180 Northeast 168th. Street /North Miami Beach, Florida. 33162 Ph. 653 -1493 /Fax 651 - 7152 Date 10/26/95 Scale 1" =50' Job. No. 951442 Dw . Na 195A -134 sheet 1 of 2 ■ J EXHIBIT "B" 0 0 0 Co t4 Z 0 0 rri 0 / POINT OF COMMENCEMENT SOUTHWESTERLY CORNER OF LOT 4 N 01'58'04 W 1- OCEAN us+oa• we or Doan ova HARR I SON AND HAYES SUBID I V 15I ON PLAT BOOK 9. PAGE 73 LOT 4 LOT 3 N 88'00149' E S ICKP 3r w 1 POINT Cr 03'26 3r PE 332.17 ����'���������/��e� /// BEGINNING ATLANTIC OCEAN . EROSION OOK CONTROL ` � PER LOT 2 LOT 1 295.68' 1 1 1 W I 1 � I— ` 1 SOUTHERLY VINE OFl 15th STREET W FORMERLY AVENUE If PER DRIVE 1 35.00' W W N PLAT BOOK 2. PAGB 77 I 199I'E115 FIRST ISIwIVISION of ALTON eeAc 1 PLAT SOCK 2. 'PAGE 77 LOT 1 I LOT BLOCK 177 r- 1— 1 1 3000'1 PERi1 0 ' PAGE 77 K 2' 35.00' Drawn By DANJR cad Ara 951442 Ref Dag 295D -197 Potted 9/19/95 10:32a l r SKETCH OF DESCRIPTION FORTIN L EAVY, SMILES INC CONSULTING ENGINEERS & LAND SURVEYORS 180 Northeast 168th. Street /North Miami Beach, Florida. 33162 Ph. 653-4493 / Fax 651-7162 Datee 10/26/95 Scale 1 " =50' Job. Nc 951442 Na 195A -134 Sheet 2 of 2 J Prepared By and Return to: Judith A. Burke, Attorney at Law Shutts & Bowen 1600 Miami Center 201 South Biscayne Boulevard Miami, Florida 33131 GRANT OF PERPETUAL EASEMENT FOR SIDEWALK PURPOSES WHEREAS, Worldinvest Joint Venture, a Florida general partnership (the "Developer ") is the owner of that certain property situate, lying and being in Dade County, Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property "); and WHEREAS, a plan for the development of the Property (the "Project ") was approved by the Board of Adjustment of the City of Miami Beach on May 5, 1995 under File No. 2447; and WHEREAS, as a condition to the approval of the Project, The City of Miami Beach, Florida (the "City ") required that the Developer grant a perpetual easement to the City for use as a public sidewalk across that certain parcel of and along the western boundary of the Property, as such parcel is more particularly described in Exhibit "B" attached hereto and incorporated herein (the "Easement Parcel "); and WHEREAS, the City currently owns an approximate one foot ten inch (1'10 ") strip of land running along side and adjacent to the Easement Parcel, as such parcel is more particularly described in Exhibit "C" attached hereto and incorporated herein (the "City Parcel ") which will be utilized as, and comprise part of, the sidewalk to be constructed on the Easement Parcel; and WHEREAS, the Developer desires to construct a sidewalk on the combined Easement Parcel and City Parcel (the "Sidewalk ") and dedicate a perpetual easement for public sidewalk purposes over the Easement Parcel and the City agrees to permit the Developer to construct the Sidewalk on the City Parcel and to accept such easement granted herein. NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer by these presents does assign to the City, it successors and assigns, a perpetual non exclusive easement over and across the Easement Parcel for the purpose of a public sidewalk. Provided, however, that the Developer hereby reserves all right, title, interest and privilege and the full enjoyment of such Easement Parcel and the use thereof for all purposes not inconsistent with the use specified above. The Developer and the City further agree to the following: 1. The City hereby grants the Developer a right and license to come upon the City Parcel for the purposes of constructing the Sidewalk. 2. The Developer shall construct the Sidewalk in compliance with plans and specifications approved by the City, including the provision of Landscaping, grates and lighting reasonably satisfactory to the City. 3. The City shall have the sole responsibility and shall bear the total expense for the maintenance of the Sidewalk, except for any maintenance and/or repair caused by the negligence of Developer or any successor thereto. 4. This Grant of Perpetual Easement for Sidewalk Purposes shall inure to the benefit of, and be binding upon, the successors and assigns of both parties. IN WITNESS WHEREOF, the undersigned have caused this Grant of Easement for Sidewalk Purposes to be executed as of the iLA day of Cebruary 1 996. WITNESSES: THE DEVELOPER: Sign Name: Print Name: 1 Q h,\s-5,it. ,/? oiJ Sign Name: Print Name WORLDINVEST JOINT VENTURE, a Florida general partnership By: Tigerside Investment Corp., a Florida corporation, general partner of Worldinvest t Ventures By: Gu's"avo Magalhaes Pinto Secetary Page 2 of 4 WITNESSES: THE CITY: THE CITY OF MIAMI BEACH, a municipal corporation Sign Name:,K,UI'v A " 9' By- Print Name: -<i ra :rh1 A. U)€. Sign Name /C- 4.,L2•-4i Print Name: Berth STATE OF FLORIDA COUNTY OF DADE Ce1 ber, cuor iwrr.' 9-4 tM. k (Lau." Rotver !MRtm* UALL By Date The foregoing instrument was acknowledged before me this is_ day of,,� --; 1996 by Gustavo Magalhaes Pinto, as Secretary of Tigerside investment Corp;, a Florida corporation, general partner of Worldinvest Joint Venture, on behalf of the partnership. He is persnnaiiy known to me or has produced as identification and who did (did not) take an oath. GRACINDA M CORDERC My Commission CC366554 Expires May. 31, 1998 —Typed or Printed Name of Notary My commission expires: Serial No , if any- Page 3 of 4 STATE OF FLORIDA ) COUNTY OF DADE ) � The forgoing instr ent was acknowledged before me this / "! day ot/V • , 1996 by , ,d, ,e. _ of The City of Miami Beach, a municipal corporaffon, on behalf 6 the corporation. He is personally known to me or has produced as identification and who did (did not) take an oath. MIA95 9567.3 - L1M 1/5/96 CFA{ NOTARY S LILLIAN BEAUCH-HAMP I NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC347882 MY COMMISSION EXP. FEB.13,19978 Typed or Printed Name of Notary My commission expires: Serial No., if any: Page 4 of 4 Worldinvest Property EXHI33TT "A" LEGAL DESCRIPTION • login (P.D.E.)- at the Southwesterly corner of Lot 4, Morrison and Hayes Subdivision, as recorded in Plat abok 9, t pale 73 of the public records of Dads'County, ° Florida. and run M.1"59'11 "V. along the Easterly line of Owen Drive, a distaste of 295.70 feet to the Southerly line of 13th Street, formerly Avenue "D "; thence run K.8B'00'49 "1. along the Southerly line of 13th Street, a distance of 111.90 to the Easterly end of 15th Street, formerly Avenue "D", as said Avenue "D" is shown on Fishers First Subdivision of Alton reach, recorded is Plat rook 2, at page 77 of the public records of Dade County, Florida; thanes run M.7'34'i9 "E. along thi. Easterly line of 13th Street, formerly Avenue "D", a distance of 35.49 feet to the centerline of said Street; thence tun $.811'00'49 "E. along the projection Easterly • of the centerline of 13th Street, a distance of 210.63 feet to the Lnterssctio:;.. the trosioa Control Line, recorded in Plat book 103, at page 62 of the public . °. - _ records of Dade County, Florida; thence rue S.3'26'32"v. alone the Erosion ContiOl Line, a distance of 332.19 feet to the intersectico of the projection Easterly of • the Southerly line of said Lot 4 of aforesaid Harrison and Aayea Subdivision• thence run S.8B'00'49 "V. along the Southerly line of Lot 4 and its projection • -Easterly, a distance of 303.00 feet to the Point of Beginning (P.O.E.). • ALE ALEA DESCRIBED COtTAINS 101,169 SQUARE FEET, MORE OR LESS, OR 2.323 ACRES. KRZ OR LESS. • EXHIBIT "B" EASEMENT DESCRIPTION FOR SIDEWALK LEGAL DESCRIPTION: Description of an easement for o sidewolk over and across a portion of Lots 1 thru 4 of the Plot of HARRISON and HAYES SUBDIVISION as recorded in Plot Book 9 at Page 73 of the Public Records of Dode County, Florida and a portion of Lots 1 and 2 Block 77 of the Plat of FISHERS . FIRST ADDITION OF ALTON BEACH as recorded in Plat Book 2 of Page 77 of the Public Records of Dade County, Florida more particularly described as follows_ Begin at the Southwest corner of said Lot 4; thence N 01'58'04" W along the West line of said Lots 1 thru 4 and along the West line of said Lots 1 and 2 of Block 77, a distance of 295.68 feet to the Northwest corner of sold Lot 2 of Block 77; thence N 88'00'49" E along the North line of said Lot 2 Block 77, a distance of 6.20 feet; thence S 01'58'04" E along o line parallel with said west lines for 295.68 feet to o point on the South line of said Lot 4; thence S 88'00'49" W along the South line of soid Lot 4 for 6.20 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: — This site lies in Section 34, Township 53 South, Range 42 East, Dode County, Florida. — Bearings hereon are referred to an right —of —way Tine of Ocean Drive. assumed value of N 01`58'04" W for the Easterly — Lands shown hereon were not abstracted for easements and /or rights —of —way of records. — This is not a "Land Survey" but only o graphic depiction of the description shown hereon. — Lands shown hereon containing 1,833 square feet, or 0.042 acres, more or Tess. — Dimensions indicated hereon are based on Fortin, Leavy, Skiles, sketch #295D -190. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on Augu 2, 1995, and meets the Minimum Technical Standards as set forth by the Florida B- • rd - of ' rofessionol Land Surveyors in Chopter 61G17-6, Florida Adrninistro a Cody; • ursuant to Section 472.027, Florida Statutes. FORT' 1, LE$ Y, = KILES, INC. _ NOT VALID UNLESS SEALED" Daniel C. Fortin, For The Firm Professional Land Surveyor No. 2853 State of Florida Drawn By JJB Cad No 951591 Ref Dwg. 295D -197 Plotted 11/21/95 1,48p 1 SKETCH OF DESCRIPTION FORTIN L EA VY, S11CHRS;, INC CONSULTING ENGINEERS & LAND SURVEYORS 180 Northeast 168th. Street /North Miami Beach, Florida. 33162 Ph. 653-4493 /Fax 651-715? / Date 11/21/95 Scale 1 " =60' Job. No. 951591 Dwg.Na 195A -093 -3 Sheet 1 of 2 EXHIBIT "C" CITY PARCEL LEGAL DESCRIPTION: Description of an existing concrete sidewalk Tying in the right -of -way of Ocean Drive adjacent to Lots 1 thru 4 of the Plat of HARRISON and HAYES SUBDIVISION as recorded . in Plot Book 9 ot Page 73 of the Public Records of Dade County, Florida and Lots 1 and 2 Block 77 of the Plot of FISHERS FIRST ADDITION OF ALTON BEACH as recorded in Plot Book 2 ot Page 77 of the Public Records of Dode County, Florida more particularly described as follows: Begin at the Southwest corner of said Lot 4, run N 01'58'04" W along the West line of said Lots 1 thru 4 and said Lots 1 and 2 of Block 77, o distance of 295.68 feet to the Northwest corner of said Lot 2 of Block 77; thence S 88'00'49 W along the. Westerly extension of the North line of said Lot 2 of Block 77, o distance of 6.06 feet to o point on the arc of o circular curve; of which point the bearing to the radius point is S 75'49'21" E; thence left along the arc of said circular curve, concave to the Southeost, having o radius of 21.06 feet for o distance of 17.41 feet with a central angle of 47'21'16" to point of reverse curvature; thence to the right along the arc of o circular curve, concave to the Southwest with o radius of 13.25 feet for o distance of 7.22 feet and a central angle of 31'11'56" to a point of tangency, thence S 01' 58'50" E for a distance of 272.05 feet to a point on the Westerly extension of the South line of said Lot 4; thence N 88'00'49" E for o distance of 1.86 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: - This site lies in Section 34, Township 53 South, Ronge 42 East, Dode County, Florida. - Bearings hereon are right- of -woy line of - Lands shown hereon records. - This is not a "Land hereon. - Lands shown hereon - Dimensions indicated referred to on assumed value of N 01'58'04" W for the Easterly Ocean Drive. were not abstracted for easements and /or rights -of -way of Survey" but only o graphic depiction of the description shown contoining 635 square feet, or 0.015 acres, more or less. hereon are based on Fortin, Leavy. Skies. sketch #295D -190. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was mode under my responsible charge on August 22, 1995, and meets the Minimum Technical Standards as set forth by the Florida. Board • •fessional Land Surveyors in Chapter 61G17 -6, Florida Administrative ode, pur -wont to Section 472.027, Florida Statutes. FORTI LEA; , S LES, INC. T VALID UNLESS SEALED" By Daniel C. Fortin, For The -Firm Professional Land Surveyor No. 2853 State of Florida / Drawn By JJB ad.No. 951146 Ref. Avg. 295D -197 v Plotted 8/23/95 9:550. SKETCH OF DESCRIPTION FORTIN, L EA VY; SKILES INC. CONSULTING ENGINEERS & LAND SURVEYORS 180 Northeast 168th. Street /North Miami Beach Florida 33162 Ph. 653 - l 49 3 /Fax 651-7152 Date 8/22/95 Scale 1" =60' Job. No. 951146 N °- 195A -093 -2 `Sheet 1 of 2 GRAPHIC SCALE 0 30 60 120 ( IN FEET ) 1 inch = 60 ft. 1 1 11 _ — OCEAN DRIVE _ °11.6' EASTERLY LINE OF OCEAN DRIVE R = 13.25' F w1 • - 01.'50" E 272.05' L = 7.22' WESTERLY EXTENSION WST LINE OF 5 - 8 !1 IIA = 4721'16" = 21.06' ;.• S 8= 0- 0'49 °�W 6.06` (- LOT ST CORNER' M :I I 1.1 X1.1 1a v1 N 88°00'49" 1 —�— W 0-17 I 18'04" W FC O ORNR OF 1 FSAc I NING E -.M WEST LINE OF LOTS 1 — 4 LOTS 1 & 2 1 tt RISON AM tiAYES DIVISION PLA DooK 1 PAOt 5L 7� LOT 4' LOT$ 1 LOT LOT 1 1 1 IFISIV 5 rot* —COITION O ALT 12AC4.1 FLAT DOOR PAD[ 77 LOT 1 LOT2 BLOCK `77 T -- t- - 1 Drawn By JJB cad res 951146SD Ref .D 295D -197 %b. No. 951146 ■Pbttert 8/23/95 9155a ., SKETCH OF DESCRIPTION FORTIN L EA V; SKILES CONSULTJNG ENGINEERS & LAND SURVEYORS 180 Northeast 168th. Street /North Miami Beach Florida. 33162 Ph. 653 -4493 / Fax 651 -7152 Da1e 8/22/95 scale 1" =60' %b. No. 951146 D� No. 195A -093 -2 `Sheet 2 of 2 RESOLUTION NO. 95 -21835 A RESOLUTION OF T MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA GRANTING A PERPETUAL EASEMENT TO THE CITY BY WORLDINVEST JOINT VENTURE ( "WORLDINVEST ") FOR USE AS AN AT -GRADE PEDESTRIAN WALKWAY APPROXIMATELY FIFTEEN FEET IN WIDTH RUNNING ALONG THE DUNE LINE NEAR THE EASTERN BOUNDARY OF TILE PROPOSED IL VILLAGGIO PROJECT ( "PROJECT ") TO BE LOCATED SOUTH OF 15TH STREET AND EAST OF OCEAN DRIVE; GRANTING A PERPETUAL EASEMENT TO TIIE CITY BY JEFFERSON PLAZA LIMITED ( "JEFFERSON PLAZA ") FOR USE AS AN AT- GRADE PEDESTRIAN WALKWAY APPROXIMATELY FIFTEEN FEET IN WIDTH RUNNING ALONG THE DUNE LINE NEAR THE EASTERN BOUNDARY OF THE PROPOSED THE STEPS PROJECT TO BE LOCATED NORTH OF 15Th STREET AND EAST OF COLLINS AVENUE; THE RELEASE OF A PRIOR EASEMENT HELD BY THE CITY OVER A PORTION OF THE PROJECT; THE GRANTING OF A PERPETUAL EASEMENT TO THE CITY BY WORLDINVEST OVER A PORTION OF THE PROJECT FOR PUBLIC ACCESS TO THE BEACH; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE TRI- PARTY AGREEMENT BETWEEN WORLDINVEST, JEFFERSON PLAZA, AND THE CITY WHICH PROVIDES FOR, AMONG OTHER TJIINGS, THE AFOREMENTIONED EASEMENTS AND THE DEVELOPMENT BY JEFFERSON PLAZA OF A MODIFIED CUL-DE -SAC ON 15TH STREET EAST OF OCEAN DRIVE, INCLUDING LANDSCAPING AND LIGHTING, AND THE DEVELOPMENT BY WORLDINVEST OF A PEDESTRIAN VEHICULAR ACCESSWAY AND DUNE CROSSOVER WITH LANDSCAPING TO BE LOCATED ON A PORTION OF THE PROJECT AND ON CITY PROPERTY, RESPECTIVELY; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE GRANT OF PERPETUAL EASEMENT TO THE CITY BY WORLDINVEST FOR USE AS A PUBLIC SIDEWALK ALONG THE WESTERN BOUNDARY OF THE PROJECT. WHEREAS, the City's Joint Design Review/Historic Preservation Board and Board of Adjustment have approved, in concept, the proposed easements and public improvements associated with the 11 Villaggio Project, located south of 15th Street and east of Ocean Drive; and the City desires to improve vehicular and pedestrian access to the beach at 15th Street in an attractive, well - designed manner, and WHEREAS, the acceptance of the attached Tri-Party Agreement and Release of Easement and the acceptance of a perpetual easement to the City by Worldinvest for use as a public sidewalk sets in place the appropriate provisions to ensure the proper development and maintenance of these easements and improvements. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMIESSION OF THE CITY OF M[AMI BEACH, FLORIDA AS FOLLOWS: Section 1. The Mayor and City Commission approve the attached Tri -Party Agreement and Release of Easement which provides for, among other things: a) The granting of a perpetual easement to the City by Worldinvest Joint Venture for use as an at -grade pedestrian walkway across that certain parcel of land approximately fifteen (15) feet in width running along the dune line near the eastern boundary of the proposed 11 Villaggio Project to be located south of 15th Street and East of Ocean Drive; and b) The granting of a perpetual easement to the City by Jefferson Plaza Limited for use as an at -grade pedestrian walkway across that certain parcel of land approximately fifteen (15) feet in width running along the dune line near the eastern boundary of the proposed The Steps Project to be located north of 15th street and east of Collins Avenue; and The release of a prior easement held by the City over a portion of the II Villaggio Project and the granting of a perpetual easement to the City by Worldinvest Joint venture over a portion of the 11 Villaggio Project commencing east of the cul -de -sac at the intersection of 15th Street and Ocean Drive and continuing eastward over the dune line for public access to the beach; and 2