RESOLUTION 93-20801 RESOLUTION NO. 93-20801
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT ENTITLED THE "LINCOLN
ROAD STREET END AGREEMENT," BETWEEN THE CITY
OF MIAMI BEACH AND CRESCENT HEIGHTS XXX, INC. ,
A FLORIDA CORPORATION, AND DILIDO BEACH HOTEL
CORPORATION, A FLORIDA CORPORATION.
WHEREAS, the City of Miami Beach is the owner of a right-of-
way Easement for the Street End east of Collins Avenue at Lincoln
Road as recorded in Plat Book 2 , Page 77 , of the Public Records of
Dade County, Florida; and
WHEREAS, said Street End does not have public access to the
beach; and
WHEREAS, Crescent Heights XXX and Dilido Beach Hotel
Corporation ("Owner") , are the respective owners of the properties
abutting the above Street End to the north, south and east; and
WHEREAS, Owner and the City have determined that it is in the
best interest of the public and the citizens of the City of Miami
Beach that the Street End and Easement Parcel , as defined in the
attached Agreement and Exhibits thereto, be improved and that
public access be made available from the Street End to the beach
and Atlantic Ocean; and
WHEREAS, the Owner and the City are desirous of establishing
and implementing a development plan to improve the Street End and
Easement Parcel and to provide a pedestrian easement for the
public, said easement to provide access for the general public from
the Street End to the beach; and
WHEREAS, the Owner wishes to dedicate to the City and the City
wishes to accept from Owner, a public access easement for the
Lincoln Road Street End to the beach; and
WHEREAS, in consideration of the dedication of the Permanent
Easement as referenced by the attached Grant of Permanent Easement
(Exhibit A to the Agreement) , the City wishes to make certain
improvements to the Street End and Easement Parcel .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that: the Mayor and
City Clerk are hereby authorized to execute the attached Agreement
r i
entitled the "Lincoln Road Street End Agreement" , as well as all
Exhibits thereto, between the City of Miami Beach and Crescent
Heights XXX, Inc. , and Dilido Beach Hotel Corporation.
PASSED and ADOPTED this 19th day of May
1993 . /
ATTEST:
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Gj,c,AA A0(- 3
CITY CLERK
FORM APP' • ED
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By,
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Date 1
2
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 1
TO: Mayor Seymour Gelber and DATE: May 19 , 1993
Members of the City Commission
FROM: Roger M. Carlton
City Manager
SUBJECT: RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN
AGREEMENT WITH CRESCENT HEIGHTS XXX INC. TO IMPLEMENT THE
DEVELOPMENT OF THE LINCOLN ROAD STREET END
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission authorize
the Mayor to enter into an agreement with Crescent Heights XXX,
Inc. to implement the development of the Lincoln Road street end.
BACKGROUND:
The Lincoln Road street end is the only street end on Miami Beach
where there is no ocean access. The City's long-term objective has
been to improve its street ends. The recent acquisition of 100 •
Lincoln Road by Crescent Heights XXX, Inc. creates an opportunity
to beautify the street and to provide an opening to the ocean.
ANALYSIS:
The basic business terms are as follows.
• The developers will grant a 20-foot wide easement parcel with
five foot set back on each side to the City from the present
street end of Lincoln Road to the beach. The purposes of the
easement will be for pedestrians' access, emergency vehicles'
access, and utilities and lighting. The value of this parcel
is estimated to be $150, 000, which will be supported with an
appraisal.
• The City will, in exchange, cause the improvement of the
street end to occur at a cost not to exceed $450, 000. If the
easement is worth less than $150, 000, based on the appraisal,
the developer will put the difference in cost, not to exceed
$50,000, into the construction fund.
• The agreement does not preclude the city from assessing
adjacent buildings for maintenance, repairs and marketing of
the entire Lincoln Road project. The adjacent buildings will
not be assessed for initial capital costs of the balance of
the Lincoln Road project.
• The street construction project will commence within six
months of signing this agreement and take six months to
complete.
I
-1- AGENDA
� r
ITEM
DATE 9 _9
• The construction project includes lighting, landscaping,
irrigation, sidewalks, signage and street furniture, vehicular
turnaround at the street end, improvements to the easement
area itself.
• • Benjamin Thompson Associates (BTA) , the Lincoln Road
consulting team, will design the be retained to do the street
end design work.
SOURCE OF FUNDS:
The funding for this project will come from Resort Tax revenues and
other sources.
CONCLUSION
It is recommended that the City Commission authorize the Mayor to
execute said agreement.
RNC:j ph
-2-
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LINCOLN ROAD STREET END AGREEMENT
THIS AGREEMENT ;yede and entered into this 14th day of
March , 199 by and between the CITY OF MIAMI BEACH,
FLORIDA, a municipal corporation (hereinafter referred to as the
) ►
"CitY" and CRESCENT HEIGHTS XXX, INC. , a Florida corporation, and
DILIDO BEACH HOTEL CORPORATION, a Florida corporation, (hereinafter
collectively referred to as "Owner") .
RECITALS
A. Whereas, the City is the owner of a right-of-way easement
for
the Street End east of Collins Avenue along Lincoln Road and as
recorded in Plat Book 2 , Page 77 , of the Public Records of Dade
County,
Florida; which Street End does not have public access to
the beach; and
B.
Whereas, the Owner is the fee simple owner of the
property abutting ing the above Street End to the north, south and east
(the "Abutting in Properties") and which is legally described as set
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forth in Exhibit "A" attached hereto.
C. Whereas, Owner and the City have determined that it is in
the best interestpublic of the and the citizens of the City of
Miami Beach
that the "Street End" as defined herein and Easement
Parcel be improved and that access to the public be made available
from the Street
End to the beach and Atlantic Ocean. The Owner and
the City are
desirous of establishing and implementing a
p
development plan
to improve the Street End and Easement Parcel and
to provide a pedestrian easement to the public, said easement
providing access for the general public from the Street End to the
beach; and
D. Whereas, the Owner wishes to dedicate to City and City
' from Owner, a public access easement from the
wishes to accept
Lincoln Road Street End to the beach;
E. Whereas, in consideration of the dedication of the
easement, the City wishes to make certain improvements to the
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Street End and Easement Parcel .
F. Whereas, the Owner warrants that to the best of its
knowledge it has free and clear title to the Easement Parcel and
shall at the City' s request and expense, provide the City with a
title insurance policy referencing same.
NOW, THEREFORE,
in consideration of the foregoing, which
recitals are specifically icall incorporated into this Agreement, and in
p Y
consideration of the mutual covenants herein contained, and for
other good and valuable considerations, the receipt and sufficiency
of which
are herebyacknowledged by each of the parties hereto, it
is agreed as follows:
1. TITLE OF AGREEMENT. This Agreement shall be known as,
and may be cited as, the "Lincoln Road Street End Agreement. "
2 .
DEFINITIONS OF TERMS. As used in this Agreement, the
following
words and terms shall have the following meanings, unless
another meaning is plainly intended.
a. City means the City of Miami Beach, Florida.
b. City Commission means the City Commission of the
City of Miami Beach, Florida, the governing body of the
City.
City Manager Mana er means the City Manager of the City of
Miami Beach, Florida.
d. Easement Parcel means the twenty foot (20 ' ) wide
right-of-way at the approximate elevation of the lobby
garage on the southerly Abutting Property, with Owner
reservingall subsurface rights, (including the right to
construct and operate structured parking under the
Easement Parcel , but Developer shall pay all costs of the
concrete
structure for the subsurface parking - including
the
concrete deck for the Easement) with point of
beginning
at the easterly most point of the Street End
and
continuingin an easterly direction to the easterly
most point of the Owner's property; and as more fully
described in the attached Exhibit "A" .
Properties AbuttingPro erties means the properties owned by
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the Owner adjacent to and abutting the Street End and
Easement Parcel .
f. Project means the development and improvements
undertaken by the City upon the Street End and Easement
Parcel .
g.
Street End means that portion of Lincoln Road
commencing at Collins Avenue and running easterly to the
point of the existing cul-de-sac and is adjacent to and
north and south of the property lines of the Owner.
h. Notice of Default means a written notice to a party
that it is in default of its obligations under this
Agreement and that such default must be remedied as
required hereunder, and within applicable time periods.
Notice of Intention to Terminate means a written
notice to ap arty that a default has not been cured as
required under this Agreement.
g
j .
Budget means the anticipated budget or summary of
costs of the design, construction, and development of the
Project.
3 . APPLICATION AND SCOPE OF AGREEMENT. It is the intention
of the City
and the Owner that this Agreement shall govern the
rights, privileges rivileges and obligations of the Owner, and the
City,
and their successors in interest and assigns, with respect to
various aspects of the development of the Project, and the benefits
and burdens hereof shall bind and inure to the parties hereto, and
to their successors in interest.
4 .
ASSIGNMENT OF RIGHTS. Owner shall not have the right to
sell, assign,
transfer or otherwise convey its interests under this
Agreement,
either in whole or in part, without the prior written
consent of the City, which consent shall not be unreasonably
withheld Y ,
or delayed, but which will allow City to determine whether
aP rospective assignee is a financially capable successor, as
determined bysuch documents and business and financial records
which City mayreasonably request from Owner or from such a
prospectivei nee. Notwithstanding anything herein above
assignee.
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stated, Owner Crescent Heights XXX shall be entitled to assign its
rights and obligations under this Agreement one time only to the
Decoplage Condominium Association, Inc.
5. DEDICATION OF EASEMENT. The Owner agrees to dedicate the
Easement Parcel pursuant to the following terms:
a. Owner shall execute and deliver to City, the Grant
of Permanent Easement, attached hereto as Exhibit "B" ,
and the Restrictive Covenant, attached hereto as Exhibit
"C" , and City shall accept same, at the same time that
City approves a construction contract for the
improvements to the Street End and the Easement Parcel ,
provided such construction contract is entered into after
the Easement Parcel is valued pursuant to Section 7 and
within one hundred twenty (12 0) days from the date of
execution of this Agreement.
b. It is further understood that this Agreement is
approved on the representation by the Owner that to the
best of its knowledge, City has no present rights to the
Easement Parcel . However, the City may at its discretion
conduct its own title search to determine same and may
further require Owner to provide it with a title
insurance policy satisfactory to the City, but said
policy to be at the City' s sole cost and expense.
c. At any time within one hundred twenty (120) days
prior to the execution of the Grant of Permanent Easement
by Owner and acceptance of same by City, either Owner may
terminate this Agreement by written notice to the City.
In the event of such termination, Owner shall reimburse
City for the cost of the appraisal of the Easement
Parcel, pursuant to Paragraph 7 .
d. City and Owner agree that Owner has reserved certain
rights within the Grant of Permanent Easement, as set
forth in Exhibit "B" attached hereto and made a part of
this Agreement, including the right to construct a
pedestrian crossover and structured parking facilities on
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the Easement Parcel .
In the event of the design and construction of the
aforestated structures, and as more fully described in
Exhibits "B" and "C" to this Agreement, Owner agrees that
the plans for same shall be in conformity with all
applicable state, county and local laws and regulations
and subject to all applicable design and zoning approvals
by the City in the normal course of its Plan Approval
Process including, but not limited to, the application by
Owner to the Board of Adjustment for a variance to
develop and construct the proposed structures described
above.
6. CITY RESPONSIBLE FOR DESIGN AND CONSTRUCTION. Subject to
the Owner approvals as set forth herein, City shall be responsible
for entering into all contracts necessary for design and
construction of the Project, the cost for which shall not exceed
$450, 000 (Four Hundred Fifty Thousand and 00/100 Dollars) . A
budget will be established with a fifteen percent (15%)
contingency. If the construction cost estimates and/or bids for
the construction exceed the budgeted amount, elements will be
deleted to bring the Project in budget with the Owner and/or the
City having the right at their sole discretion and expense to fund
any deleted elements.
7 . VALUATION OF EASEMENT. For the purpose of this
Agreement, the parties herein agree to establish the value of the
Easement at one hundred fifty thousand dollars ($150, 000) . The
parties further agree that they shall solicit independent
appraisal , by a mutually agreed upon appraiser; of the Easement
parcel , the cost of said appraisal to be paid for by the City prior
to the commencement of the appraisal work.
In the event the appraisal is less than $150, 000. 00 then the
Owner shall have the right to either terminate this Agreement
within thirty (30) days of receipt of the appraisals, or agree to
contribute to the cost of development of the Project the sum equal
to the difference between the $150, 000 Easement value and the
5
1 s
appraisal amount up to $50, 000 . 00.
8 . PROJECT CONCEPT. The designs, drawings and plans for
the development of the Project shall be prepared by the
architectural firm of Benjamin Thompson & Associates (BTA) , the
architects for the Lincoln Road Revitalization Program. The Owner
shall have the right to prior approval of schematic design plans,
design development plans and construction plans, as defined by and
provided for in Paragraph 9 of this Agreement. The parties
acknowledge that the final design shall reflect the overall design
theme of the Lincoln Road Revitalization project for which BTA has
been retained. The parties further agree that during the
architectural design stage, the Lincoln Road Task Force shall be
consulted as to the design of the Project.
Said designs, drawings and plans for the development of the
provide shall for or contain certain minimum requirements
as follows:
a. Not less than fifty percent (50%) of existing
Pg
arkin meters (currently located on Street End) shall
remain;
b. Ingress and egress (driveways) to the Abutting
pp
Properties be applicable and conducive to the existing
p
buildings;
c. Appropriate vehicular turn around at east end of
Street End;
d. Lighting;
e. Landscaping;
f. Irrigation for landscaping;
g. Sidewalk;
h. Drainage;
i. Signage;
j . Street furniture;
k. Improvements to the Easement Parcel, including
lighting, sidewalk and other amenities.
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9 . CONSTRUCTION/PLAN APPROVAL.
a. All designs, drawings and plans necessary for City
to bid the construction of the Project shall be prepared
by BTA.
b. The Owner shall have the right to prior approval of
the schematic design plans, design development plans and
construction plans for the Project. Owner' s approval
shall not be unreasonably withheld or delayed. Failure
of Owner to respond within 15 days of receipt of written
notice and plans by Owner shall be deemed approval .
c. The City will bid the construction documents in
conformance with the City' s procurement guidelines for
construction projects of similar scale.
10. COMMENCEMENT OF CONSTRUCTION. Within 30 days after award
of the construction contract the City shall cause the contractor to
commence construction of the Project in substantial accordance with
the approved construction plans. Notwithstanding other portions of
the Agreement relating to the City' s performance, City agrees that
it will substantially complete construction on the Project within
six (6) months after commencement of same. However, should City
provide Owner with written notice prior to its completion of the
Project, said notice stating that the Project will not be
substantially completed within the six (6) month time frame stated
herein, the Owner agrees to grant City one automatic ninety (90)
day extension commencing from the originally anticipated date of
completion within which to substantially complete the Project.
11. PROGRESS OF CONSTRUCTION, The construction documents
shall require the contractor to diligently proceed with
construction of the Project in accordance with a progress schedule
to be included as part of the construction plans. The City shall
cause the construction contractor to construct the Project in such
a manner so as to maintain access to the DiLido and the Decoplage
at all times. In the event of any substantial change to the
Project which substantially or materially affects the Abutting
Properties the Owner shall be consulted. Subject to the provisions
7
A
faith in a reasonable attempt to modify this Agreement to
comply with such federal , county, or state law or
regulation.
14 . DEFAULT, REMEDIES AND TERMINATION. In the event that any
partybelieves that the other party to this Agreement is in default
with respect to any term of condition herein contained, the party
alleging such default or breach shall give the breaching party
written Notice of Default. The Notice of Default shall specify the
nature of the alleged default; and, where appropriate, the manner
andp eriod of time in which said default may be satisfactorily
cured. In no event shall the period of time referred to herein
above be less than thirty (30) days measured from the date of
mailing of the Notice of Default. During any period of curing, the
party charged shall not be considered in default for the purposes
of termination or institution of legal proceedings. If the default
is cured, then no default shall be deemed to have existed, and the
noticing party art shall take no further action. After proper Notice
of Default, and the expiration of said curative period, the
noticing party art to this Agreement may, at its option, institute
legal proceedings for enforcement of this Agreement, or give Notice
g p g
of Intention to Terminate this Agreement, or both. Furthermore,
thep arties may enforce such rights or remedies as they may have
under this Agreement subject to the limitations contained in the
Arbitration and/or Limitation of Liability Clauses below. In the
event that litigation is commenced to interpret, enforce, terminate
or otherwise determine the rights of the parties hereunder, then
thep revailing party in any such litigation shall be entitled to
collect reasonable attorneys ' fees, court costs and other direct
costs incurred in prosecuting or defending the action from the
opposing party.
15. NONWAIVER. Failure or delay in giving Notice of Default
pursuant to this Agreement shall not constitute a waiver of any
default. Except as otherwise expressly provided in this Agreement
any failure or delay by the other party in asserting any of its
rights or remedies as to any default shall not operate as a waiver
9
of any default or of any such rights or remedies, or deprive such
party of its rights to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert or
enforce any such rights or remedies, subject to such limitations as
are contained in they Arbitration and/or Limitation of Liability
Clauses below.
16. ENFORCED DELAY AND EXTENSION OF TIME FOR PERFORMANCE.
Performance by either party hereunder shall not be deemed to
constitute a default where delays or inability to proceed in
accordance with the terms hereof are due to war, insurrection,
strikes, walkouts, riots, floods, earthquakes, fires, hurricanes,
casualties, acts of God or moratoria imposed or mandated by other
governmental entities, enactment of conflicting state or federal
law or regulations, new or supplementary environmental regulations,
litigation by third parties, or similar bases for excused
performance. If written notice of such delay or inability to
proceed, is given to either party within thirty (30) days of the
commencement of the condition causing the delay or inability to
proceed, then the parties shall meet and extend the time or
performance by mutual agreement.
17 . ARBITRATION CLAUSE. Any controversy or claim for money
damages arising out of or relating to this Agreement, or the breach
hereof, shall be settled by arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration
Association, and the arbitration award shall be final and binding
upon the parties hereto and subject to no appeal , and shall deal
with the question of the costs of arbitration and all matters
related thereto. In that regard, the parties shall mutually select
one arbitrator, but to the extent the parties cannot agree upon the
arbitrator, then the American Arbitration Association shall appoint
one. Judgment upon the award rendered may be entered into any
court having jurisdiction, or application may be made to such court
for an order of enforcement. Any controversy or claim other than
a controversy or claim for money damages arising out of or relating
to this Agreement, or the breach hereof, including any controversy
10
r
or claim relating to the right to specific performance, shall be
settled by litigation and not arbitration.
18 . LIMITATION OF LIABILITY. The City desires to enter into
this Agreement only if in so doing the City can place a limit on
City' s liability for any cause of action for money damages due to
an alleged breach by the City of this Agreement, so that its
liability for any such breach never exceeds the sum of Four Hundred
Fifty Thousand Dollars ($450, 000. 00) less all amounts actually paid
by the City as of the date of the alleged breach. Owner hereby
expresses its willingness to enter into this Agreement with
Developer' s recovery from the City for any damage action for breach
of contract to be limited to a maximum amount of Four Hundred Fifty
Thousand Dollars ($450, 000. 00) , less the amount of all funds
actually paid by the City to Owner pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition
of this Agreement, Owner hereby agrees that the City shall not be
liable to Owner for damages in an amount in excess of Four Hundred
Fifty Thousand Dollars ($450 , 000. 00) which amount shall be reduced
by the amount actually paid by the City to Developer pursuant to
this Agreement, for any action or claim for breach of contract
arising out of the performance or non-performance of any
obligations imposedupon ations u on the City by this Agreement. Nothing
contained in this subparagraph or elsewhere in this Agreement is in
any wayintended to be a waiver of the limitation placed upon
City' sliability as set forth in Florida Statutes, Section 768 . 28 .
Notwithstanding anything herein to the contrary, in the event
the Project is not substantially completed within, the time frames
subject specifiedherein, subject only to Sections 11 and 16 herein, then
the
Easement Parcel shall be conveyed back to Owner by City.
19 . ENTIRE AGREEMENT. This Agreement represents the entire
agreement of the parties hereto and no prior or present agreements
p
or representations shall be binding upon either of the parties
hereto, unless specifically incorporated herein by reference,
whether such
riot present agreements have been made orally or in
p
writing. No modification change, amendment or extension of the
11
,
f
terms or provisions of this Agreement shall be valid or binding
upon either one of the parties, unless in writing, and executed by
the parties to be bound thereby.
20. NOTICES AND DEMANDS. All formal notices, demands,
correspondence and communications between the City and the Owner
shall be deemed sufficiently given under the terms of this
Agreement if dispatched by certified mail , postage prepaid, return
receipt requested, as follows:
As to City of Miami Beach:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
As to Owner:
Crescent Notice Joint Venture
c/o Russell W. Galbut
100 Lincoln Road
Miami Beach, Florida 33139
Bruce Menin
100 Lincoln Road
Miami Beach, Florida 33139
With a copy to:
Abraham A. Galbut, Esq.
Galbut, Galbut, Menin & Wasserman, P.A.
999 Washington Avenue
Miami Beach, Florida 33139
and
Bruce Lazar, Esq.
Therrel Baisden & Meyer Weiss
1111 Lincoln Road
Miami Beach, Florida 33139
or to such other address and to the attention of such other person
as the City or the Owner may from time to time designate by written
notice to the other.
21. REPRESENTATIONS AND WARRANTIES OF DEVELOPER. Owner
warrants and represents to City that:
12
a. Crescent Heights XXX, Inc. , is a duly existing
Florida Corporation.
b. Dilido Beach Corporation is a duly existing Florida
corporation.
c. Each of the above corporations has all requisite
power, authority, licenses, permits, and franchises,
corporate or otherwise, to execute and deliver this
Agreement and perform its obligations hereunder.
d. Each corporation' s execution, delivery, and
performance of this Agreement has been duly authorized
by, or is in accordance with, its organic instruments,
this Agreement has been duly executed and delivered for
it bysignatories the so authorized, and it constitutes
its legal, valid and binding obligations.
e. Neither corporation' s execution, delivery, and
performance, of this Agreement will result in a breach or
violation of, or constitute a default under, any
agreement, lease or instrument to which it is a party or
by
which it or its properties may be bound or affected;
and
P
f.
Neither corporation received any notice, nor to the
best of its knowledge is there pending or threatened any
notice, of any violation of any applicable laws,
ordinances, regulations, rules, decrees, awards, permits
or orders which would materially adversely affect its
ability to perform hereunder.
g.
To the best of Owner's knowledge, the City presently
has no legal rights to the Easement Parcel .
22 .
TIME IS OF THE ESSENCE. The parties specifically agree
that time is of the essence regarding the development and
construction of this Project.
23 . CAPT
IONS. The captions of this Agreement are for
convenience and reference only, and in no way define, describe,
extend, or limit the scope or intent hereof.
13
24 . SUCCESSORS AND ASSIGNS . This Agreement shall be binding
upon and inure to the benefit of the parties hereto, and their
respective successors and assigns.
25. GOVERNING LAW - VENUE. This Agreement shall be governed
in its enforcement, construct ion, and interpretation by the laws of
the
State of Florida. Any litigation arising between the parties
p
with respect to this Agreement, or the property described in
Exhibit it "B" attached hereto, shall be instituted and maintained in
the Circuit Court of Dade County, Florida.
IN WITNESS WHEREOF, this Agreement has been executed by the
parties on the day and year first above written.
FORM APPROVED: , CITY 0' MIAMI BEAC. I
\'': ;-" °-----7- .- By
CITY ATTORNEY MAYOR
ATTEST:
IZIL,L•:: ..A-- 7 k-- -viv,------
CITY CLERK
CRESCENT HEIGHTS XXX, INC. ,
a Florida corporation
BY ,. .--
, V.P.
. . - . - : - IA/et—. A. HCA/"/
Vice President
and
DI LI DO BEACH HOTEL CORP. , a
Florida corporation
tt IC/iByTitle:' 1/ t44,-
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STATE OF FLORIDA )
SS:
COUNTY OF DADE ) Oggf 6,. frtguita
I HEREBY CERTIFY the foregoing instrument was acknowledged
before me this 1.k. " day of iNIAQ0A , 19 9 i, by
eittBuT as Vice President of CRESCENT HEIGHTS XXX, INC. , a Florida
corporation, personally known to me or who produced
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cor oras idea and who did or
take an oath. V/i6A5
k did not � * STOE:
t�11 Ca �A) �,,.V
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My
commission expires: NOTARY PUBLIC, STATE OF FLORIDA
TYPE/WRITE NAME: wee'g .«cm0
14
STATE OF FLORIDA )
) SS :
COUNTY OF DADE )
I HEREBY CERTIFY the foregoing ' n rument was acknowledged
b f e m this - day of 1993 , by
AjLidaof DILIDO BEACH
HOTEL CORP. a Florida corporation, personally known to me or who
produced ' de tification and who
P �n ela
did not take an oath. Notary g D Saiz
did or STATE OF FLORIDA
Public My Comm Expo
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wig
NOTARY PUBLIC,
STATE OF FLORIDA
expires: TYPE/WRITE NAME: ftf f S•4/2-
My commission expi
jm\a:rja\lrst.agr
June 21, 1993
15
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m _.___g MOO PIOr lr. • • • •
x -
• •� - - .._,-i -- - f r o s.).at the -of Lot Blatt -
�, . is. Fishers-
.
-, - - • - - _ _ e first visnas of o is est
a 7 _ a. at pito 7'�_of
toe loin ft of Bad! , ri ch• rin 00.'40.4 . ales-tet
; , . .-: •11- i • Easterly # t -Iiii••et'mail lipA !; a ,e=fface of = -
= _ - oaf;= foot to the.intarsectiois t Lisa of-tie.-Stlastt o Ocoee, said .
Nt - 4 •_ m
s . line an. is Flat sok In, at iZ of tai l o records ef Dodo .
O• �3- . Co . Florida', S.S"50•113%. aim-bier sios t Lila. s
4ra () . _ , . df of io,:t fast to t o f .
aw the��rti of lassie
= _- .. 'sad, as shoat asaid Plato f .as �'4#.491.
- al _the n wer
eof tit 1so ofLtssola load, a distance
N L 'TI - of 1!0 d
.43 to ot of os Eases
? Ilse of skid Nock s! .
• produced iorthorlyg•thosterap S. 3#s4l.4"l.-alb the prodactioa
S Cs)!: :` _ 1001/ - Rortberly •t the Easterly lies •f sa t d Bleck 55. a•d1 at 50.765 fan t
• ti tie ?slat 0f beglislag (P.0.1.). 5114 10.00 feat easaint as to i as
. • 1 N .Mrare fest, sere or less.
.
- SIPIMETOMI•CERTIFICATE: -
• 0E CEaTZFTs that the Eass�aat s berme is true as d -
O OTE: bottom orporiasetel plane of the 10.09 toot - correct to tie best of our know/edge mod belief. as recently -
e asement shell kat as Elevation of 14.6 feet, mere or less.
do t!c Vertical Dates (1.1.11.11.). 15 Z6 p r+lpi meld eider our df rcti sn.
eetohscal to Batton/LI iN be i Rfi ei ty. The 14.S Zenwei le-Whi ttako r, tic.
and the perimeter vertical El eta ti es shall _
foot Elevation shall eased Easterly from liacel s toed to the 1t .
.
Easterly face of the csscrets b.jteesd cap sad thea revert to .
- T1 lar'ti Array sed Beirleps are By:
•ate mea 1 ground.
refar�ound to Valise as tie abeve awes D. Reeves,• President .
•-• neetioetd Erosion. Control Liu.
Srhjact to resa
rvatiw in the Grist of Easeeest. P.1..3. 1 2194, Florida
.
.
se3 o ss*e sin $t 1101001164056.1 02 2344 S
. a� •o sort3 pas l;s _p *i b t f"nr
rPl�ot� 04 LZ l� S Z � li � � �
$0 *spirt O psp*$J$Ju ds3 pi. !tR, 53113513 1 3 �o sif; £LJ1'3f*3
seal s d ' pompoi 0 saw s : 3:r,,q
sM3s �3 Soos61e{.ttag Y 1 s1t�}1 *�; ji�nsts erns• «�
• :s3ft '14111111$ oR !i sus •ois*�1o13 to�Uu aasa�r}iso psi
VW. mil �z� a1���a1
� iZ�l (1'0'1'211) �tst Pollan ?l3oR�� � -� t t�ls ��oo
»I �a�e63 ita�tt •� .ia• Japan pandas, •seat 19 WO *Ise; Vol l io w is*,►• s
4111106.1 M as .. oo•ot 3 is ..ste i'I A• wss•q «u •3tor
:i '��ia9 Pao �•{�orn�1 �sr �a �� �3 � �� s �-
s 3a s3 so 313 Z ni 33 3!�
HIV OSA s� r•asrr aws�l
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samosa•lsomeser Son 0O C l PE!S Iiretra) se rarlist f0 *spa ail a3
• • ppm1. s� £ i $ 3 ea J 1! soot = ;i. :•Es3s
zas,�_swag � It.a 33 von �l �L
somppead sop testa-•*.t'itot s ou wo•ttgasfigusi pompom! - ltd S j '1 N
Im • a t�•osl As m
U I ��*.s ,l• sett �ttasa I3 1
swan JO M en Is SI ea Suety 0
lievippes mg RA sawn itiasasea posepsad oveg, pprs pm gimp se *pm
4311,3.1P it Vowt i7 !!
Oteleill AP u .ate-,fir ImPassaintel INS a 3M zroi iP _ 6 - s •,-
�
n 1\11c)
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• 3t ` l pm �L/ 1$ esti ' • '�
a�0 #s �il�,� � io or �
' nes ' $WI 3 tW P serf ! W 1 in MP aria l - - '?'-:12 a-
: - Jis 1.1103SIP 1 !S towl yin.ii0A).gn- swami! ma Is Amain poisiapisd ' •
ini-seeta -astlitilleverli iii 141,110/4 atsisiq epos pi.ipsaasi al qpil op - •t .... -• ' - - 1 - - 21 . 1E;
po..,u said u eg Isis mi II papaws. • $wll - m
. sailing so vsti *a 4r1 AP alum! wigwam an sit -ern') Sr
Pr .
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tr. - 1 : - T‹
• . - • - iii 10 1W sem 1 4 1 . t . - r_ - •
301 13t ZITS'` 3 Niel V 110. V II Sin i"$-
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ern! trixsawiw 7. - •
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4-,017P- • Pi iv*- , Paw - : EIP •001 - er, sii-4F1F7I75g - - .
•
GRANT OF PERMANENT EASEMENT
THIS GRANT OF EASEMENT made this day of
1993 , between the CITY OF MIAMI BEACH, a Florida municipal
corporation, having its principal place of business at 1700
Convention Center Drive, Miami Beach, Florida (hereinafter referred
to as "City") and CRESCENT HEIGHTS XXX, INC. a Florida corporation
and Dilido Beach Hotel corporation, a Florida corporation, whose
principal address is , Miami Beach,
Florida , (hereinafter referred collectively to as the
"Grantors") .
WITNESSETH :
WHEREAS, Crescent Heights XXX, Inc. is the fee simple owner of
the following described property, inserted as Exhibit "B1" and
attached hereto, and Dilido Beach Hotel Corporation is the fee
simple owner of the following described property, inserted as
Exhibit "B2" and attached hereto, (which properties are hereinafter
collectively referred to as the "Easement Parcel")
KNOW ALL MEN BY THESE PRESENTS that the Grantors, for and in
consideration of the sum of Ten Dollars ($10 . 00) to them in hand
paid by the City, the receipt whereof is hereby acknowledged,
hereby grant, sell and convey to the City, its successors and
assigns forever:
A permanent easement for the sole purposes of
EXHIBIT "B"
' t
providing to the public and to Grantee, its
invitees, licensees and lessees a way of
passage and access to, and reasonable use of,
the Easement Parcel as a (i) pedestrian right-
of-way for access from the street end to the
beach and Atlantic Ocean, and (ii) for the
installation, relocation or maintenance of
utilities and above ground lighting serving
the Easement Parcel , and the City shall
maintain same.
Grantors herein release their claims, rights, and privileges,
andrights claims, ri hts and privileges to the Easement Parcel of
granting
same to others, including its successors and assigns
subject to the following reservations:
1 Grantors reserve the right to construct at its sole cost
and expense a pedestrian crossover above thirty feet (30 ' )
with a height of ten feet (10 ' ) and a width of twenty feet
(20 ' ) , the plans for which shall be in conformity with all
applicable state, county and local laws and regulations and
,
sub7 ect to all applicable design and zoning approvals by the
City in the normal course of its Plan Approval Process,
including, but not limited to, the application by Grantors to
for Board of Adjustment f r a variance to develop and
construct the proposed structure described herein. In no way
shall suchP edestrian crossover inhibit the access of the
public across the Easement Parcel .
2 The Grantors reserve the right to construct at its sole
cost and expense structured parking facilities below elevation
1 (0. 0 ' �- P ch shall be in conformity with
-- the plans for which
pp
all applicable state, county and local laws and regulations
and subject to all applicable design and zoning approvals by
the City in the normal course of its Plan Approval Process,
including, but not limited to, the application by Grantors to
the Board of Adjustment for a variance to develop and
construct the proposed structure described herein. In no way
shall suchp arking facilities inhibit the access of the public
across the Easement Parcel.
All improvement constructed by Grantors pursuant to the above
reservations shall be maintained by the Grantors.
This Grant of Easement shall insure to the benefit of and be
binding upon the City and the Grantors, and their respective
successors and assigns.
IN WITNESS WHEREOF, Grantors have hereunto set then hands and
seals at Miami Beach, Dade County, Florida, at the date first above
written.
FORM APPROVED: CITY OF MIAMI BEACH
By
CITY ATTORNEY MAYOR
ATTEST:
CITY CLERK
CRESCENT HEIGHTS XXX, INC. ,
a Florida corporation
By
134ctc6 4.. heui•J
Vice President
and
DI LI DO BEACH HOTEL CORP. , a
Florida corporation
By
Title:
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
I HEREBY CERTIFY the foregoing instrument was acknowledged
before me this day of , 1993 , by RUS&-ETT s.t
CArliBisIT- as Vice President of CRESCENT HEIGHTS XXX, INC. , a Florida
corporation, personally known to me or who produced
as identification and who did or
did not take an oath.
My commission expires: NOTARY PUBLIC, STATE OF FLORIDA
TYPE/WRITE NAME:
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
I HEREBY CERTIFY the foregoing instrument was acknowledged
before me this day of , 1993 , by
as of DI LI DO BEACH
HOTEL CORP. , a Florida corporation, personally known to me or who
produced as identification and who
did or did not take an oath.
NOTARY PUBLIC, STATE OF FLORIDA
My commission expires: TYPE/WRITE NAME:
(jm:rja\grtease)
. . .
• •
• •• •
. , _-.. ,,
• . : . - 0..it.i.ue! 2 _ ' /50.43 .584"oei ' -.4ww •• -4,4)et -
t7.1'
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irps:t 6 I,:
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t ,c) . ,t•r.. - • •ml• - -k . --
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41, )ii------ -
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li.)
.c- - MS IS OF & Moo FOOT • - ..SID UMW !A 171E rri . t - •lei r littl'i -
. - • % - • -7: ' is - i [moo o r THE -
,T_, : . ;i% •.�' .' - .' - ami 0.0.1.3-at t t Earner of lot !. BIS U. fishers.
.
,_.., :. N.
� 'rte - -
First otsiao a!' irt 000Ci, to mss *01 :, at 77 of.
-� j 4 • t!o i is -of i , Melds. rio o f 4B.+i'E. a low--tis .
- ~ek-� ,-,, P O 0mM:tied y of. tortiorly -i tip••of'stud E; a of ' •
-
cO's -,-A v . . lSLUS t to of l the of tfks.-Dttaoti c &oa, said
d 5 . line fa Plat Boot iii, ate 12 of tib: Bic of .
0- _ , Elorf isi, row R.e flofrE. aioog-tier. stow t Liao. a
. 4 1 .- , df of MU fart to of on of.Pia' ti of Liaocl•
• load, as shoot ei sand Platt. prodoced Castorlyg tis rile Van 00•49.11'11.
along tbe orroOlegtioatsrilir of ! Boo of Liam?"'- , a kites=
of 120.4.1 to Intersection-of f Noe if skid Block .
� 'TT StEICS - ' . - est. ret 5.7-30149.411.-aloe. the prodactioa
Scale: VI = 1001 - ltertberly of the Easterly Hee of said Block 55. a'distil= et 50.7115 -feet
tote Pipet if ioFi - (F.O.B.). Said 10. 0 feat easement coots 1 its
• 1903N!'! lt, sees or lass. '. _
. =ttU S•CERTIFICATE* -
•
• IIEJEREST CESTIFTs that the Easameat siiste hereon is trait end -
s The bottom or boriseotml pleas of the 10.!s foot Coact to tie rest of ow knowledge and-belief. as recently -
roTE -
saso�ot shell boat as Elevation of 16.6 fest. mere •r less. fared ender err direction.
referenced to Rational dot1 c Vertical Datum (R.C.V.t.). 1929 Zit nitl le-iiia halts r, lie.
rt .
- sur the perimeter vortical Elevation shall be i efi•i ter. The 14.5 -
Meta: -
foot Elevation shall 'stead Festorl from Lincoln Rood to the _ - - S0 Arrow asd sears•gs are BY:
.
Easterly feu of the cafcn�ta .j th•sd cap as than revert co referenced to Bost on the above James D. titivate President _
• .petard growled. - _- wew tf onod Erosion. Control Lis*. P.L.S. 'r 2194, Florida
SybSect to reser vatlia in the Grist of Encomia.
r
. .
. - .
. . .
_. .
. . .
. - . -. .
. . _-.. ..
. . • reiar .e-i_iiiie! 2 _ . 1-90, 43 45 .. .' a 00 I • -.4 Is kJ ' 4lO est
. .—-7/............, . -‘;
lb
. /0' ,4 C C SS educe 7�.�ti T• . '.
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, 41. drdez ty d.,:ae 2_-____Jei .
......._ .
eh, k
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- • - z ies:t ,tiT v.;
- - go` • - - . lift #,. -8 stAE Co v - 8- X/ - _40a
•
- • -- - ‘orli
1 4
•tee, 1 -30 11
_ - -ZACPCO4A1 4E.040 is,------- _ . .. .-
• is - — III ' 4. • \,..k. .
. ._
It. •
d -
- 4 -r • - `� TZIS IS A SEETCN OF a U M FOOT • mum. Mai TX -
. • . -.. _ v-‘" r
_ • 1 - - - _ '� T 110.00 FEE' OF TME -
t . -
_ : . • -.Fl - i as (104.41.4.).at the Northeast tenor of Lot S. slict SS,. Fishers
co: • _ - _ e F!est els o f Aim Sem% fa Plat :. at 7•of. • _
- • 7' • tie it of ! . I lsrtde, rim o'mer. sleet-the
t r p - y of ty Ii i.et O IN S d� o
voN2 -V - . - i •l TIL/211 foot he _! M t Lille if stie.-Stiaott o Oases said
S . flet is Plat Beek I . at a 63 of thy.: lit records ff •
0- `' . - . Fiorf ins roe 1.so 54•13'E. aloei•ter.tr sls T We. a
(i IS - of iO.lt fest to the Mot .tie ti of Lieosl•
• - Mad, as shoos err said Plat, Va =SS 00•44.4•11.
- along the prqdkettles Easterly of tis- Mori l n of Limes and, a dis to see
of 110.43 to the istorsoctios of tioriestorly Hoe et skid Block 4f
LorAttoi StE1121 - - • - produced herder - Pus 5.7-300.491.-along the f rodrictt oa
Seals; 1? = 100' . - Northerly of the Easterly line of said sly 55. a*distance it 50.7115 -feet
• to the Pella Of llogisoing 0.0.1.). Said 10.00 foot ease rt c ata i is
1903RNs"! f�tt, i!!'s or less. '_
•CERTTFICATE't -
CUT/ that at the Easement sou, heroes i s tree and -
▪ Tan bottom wrizootsl plane of t 10.110 foot - correct to tie best of err kawls� sod-belief. as rectgtly -
as et shall be a• 'levities' of 16.6 fat. writ or less• -
• (11.6.11.11.), )�Z! prepared Poker our df�ti�.
- . �hscad to Satte sal Emailed c Vertical Nitta 2snrei la-li bl!take r, lac.
the perimeter vorti cal n anti es shall ho 1 sfi si ty. The 14.5 .� 1 f ro�a Lincoln s sots t• the � Sett: '.
foot Elevation shall eaE�:ter r - The North Arron sad Bearings are By: •
Easterly ly face qf the teecrtte bulkhead cep ash s„ revert I.- . rtfor+t d to ties. as the above Janes D. leeres.- President .
. eatar�al 'roved. ..- �- etfatl ErosionControl Lina. P.I.S. 1 2194, Florida
Sobiect to reser►Yat1 w le the Greet of Easemet• . -
r
RESTRICTIVE COVENANT
CRESCENT HEIGHTSINC,XXX, INC a Florida corporation, the owner of
Parcel 1 below, and
DILIDO BEACH HOTEL CORPORATION, a Florida
corporation
• , owner of Parcel 2 below (collectively the "Owners") ,
their successors, heirs and assigns, hereby agree and covenant that
the following property
located in Dade County, Florida, and legally
described as:
PARCEL 1
SEE ATTACHED EXHIBIT "Cl"
PARCEL 2
SEE ATTACHED EXHIBIT "C2"
(Collectively the "Easement Parcel")
shall be subject to
the following covenants and restrictions:
No
buildingor structure, whether permanent or temporary,
shall be erectedor placed laced in the required side yard
setbacks as
established byCity of Miami Beach Zoning
Ordinance 89-2665,
and as same may be amended from time
to time. Notwithstanding the above, no building or
structure, whetherpermanent ermanent or temporary, shall be
erected or placed within five feet (5 ' ) on either side of
EXHIBIT "C"
the Easement Parcel, thereby establishing a five foot
(5 ' ) set back; provided that such restriction shall not
preclude Owners from using such five foot area for an
outdoor cafe subject to compliance with appropriate
ordinances and laws of the City.
The foregoing covenants and restrictions shall be considered and
construed as covenants and restrictions running with the land, and
the same shall bind all persons claiming ownership of all or any
portion of the subject property. The Owners hereby acknowledge and
agree that the City of Miami Beach is a beneficiary of this
Restrictive Covenant, and the Owner shall not release or amend this
Restrictive Covenant without the prior written consent of the City
of Miami Beach.
Invalidation of any of these covenants by a Court of competent
jurisdiction shall in no way affect any of the other covenants
which shall remain in full force and effect.
IN WITNESS WHEREOF, the Owner has hereunto set its hand and
seal at Miami Beach, Dade County, Florida, at the date first above
written.
•
FORM APPROVED: CITY OF MIAMI BEACH
By
CITY ATTORNEY MAYOR
ATTEST:
CITY CLERK
CRESCENT HEIGHTS XXX, INC. ,
a Florida corporation
By
T T C�L+T___S_ T.T _r''7► T7 ZJ 1 r t r*+ �LL
�. e_ • T 13Uc /�• /
Vice President
and
DI LI DO BEACH HOTEL CORP. , a
Florida corporation
By
Title:
STATE OF FLORIDA )
SS:
COUNTY OF DADE ) 131ZCcCC A. Me1f-i
I HEREBY CERTIFY the foregoing instrument was acknowledged
before me this day of , 1993 , by .
as Vice President of CRESCENT HEIGHTS XXX, INC. , a Florida
corporation, personally known to me or who produced
as identification and who did or
did not take an oath.
My commission expires: NOTARY PUBLIC, STATE OF FLORIDA
TYPE/WRITE NAME:
•
STATE OF FLORIDA )
SS :
COUNTY OF DADE )
I HEREBY CERTIFY the foregoing instrument was acknowledged
before me this day of , 1993 , by
as of DILIDO BEACH
HOTEL CORP. , a Florida corporation, personally known to me or who
produced as identification and who
did or did not take an oath.
NOTARY PUBLIC, STATE OF FLORIDA
My commission expires: TYPE/WRITE NAME:
CRESCENT HEIGHTS XXX, INC. ,
a Florida corporation
ByRinTf
T TLJ T-7 r''T T B?sem r'''',,,,���
►_ ►_ L • 1 ��� 4 . a�ti`
Vice President
and
DILIDO BEACH HOTEL CORP. , a
Florida corporation
By
Title
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
I HEREBY CERTIFY the foregoing instrument was acknowledged
before me this day of 1 1993 , by
personally known to me or who produced
as identification and who or
did not take an oath.
My commission expires: NOTARY PUBLIC, STATE OF FLORIDA
TYPE/WRITE NAME:
(jm:a:rja\restcov)
•
•
1
•J
t`
. • • ce,c/r -e.t/4-1 e 2
• • /90. 438,6"aoS 9.4y cJ • 4/ot-
••
y
• /0 /1 C C IS,S &---; -
• ‘f .
• • . : . 141./?' , • • / Do • i . •- /. z •. . o . IV N) (
L`"'ft /-e-J.C.a Z.Ai R:o 42 o \ . ,` sZt Nit vf'
0
N.
541 vr'//&'� C C/.c/ i • ,t14:1 : {
41 °) k ‘-
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•
,,Ait 1o5 ,t1 (0 v
80 l{, /89 .22 • . ,8cf'Ono ' .,
O
• Cor
•SC4t -: /''l•3a .
1
.- iii Z1,-/C04.0 . 0.417 .,irm'-wara'
• pi \/ ..1,-
k 't-7 / -
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'� • ?.,5• • �_ b THIS IS A SKETCH .OF 10• - .
•- - - -b ��p,,g� v .00 FOOT ACCESS EASEMENT,,SAID EASEKENT BEING THE
- __._} NORTHERLY Ftp•00 FEET OF THE
• • j �Q FOLLOWING DESCRIBED PROPERTY.
• - a Begins ng (P.0.3.). at the Northeast corner of Lot 9, Block 55, Fishers.
• h lZ 7• First pbditrisioA of Alton Beach, recorded
thepublic re in Plat Book 2. at page )) of
`. records of Dade tqunty,13.:•• G Florida, ren N.88 00 49.4 E. along the
production Easterly of the Northerly -110--of of 'said ko 9•• a distance -
-0 • • 189.228 feet to the .fiats ..� trace of�
V �4 5
• h rsectioa Control Lige of••the Atlantic Ocean, said
(1)..
. 1 i ae recorded in Plat Book 105, at page 62 of the• W l c .�
• . p . 1 records of Dade
• • Q County, Florida;, thence run H.8'54.53'E. along-the _
Erosion Control Lige, a
• ���- distance of 50.92 feet to the intersection of .the' Centerl ine of
P25� Road, Lincoln
as shown on said Plat, produced Easterly; thence ru S:88 00'49.4'W. ~
•
along the production Easterly of the Centerline of Lincoln •Road, a distance °°
LOCATION SKETCH - ;i'
of 190.43 to the intersection oaf the-Easterly line of skid Block 55
produced Kortberl • '�
y.•thence run S. w
Scale: 1! a 100' 7'�34.49.� Q. along the prod�Ctioa
• Northerly of the Easterly line of said Block 55, a distance of 50.705 -feet
to the Point 61 Beginning (P.O.B.)• Said 10.=00 foot easement contains
• 1903 square feet, more or less.
SURVEYORS CERTIFICATE':
NOTE: The bottom or horizontal plane eof WE+HEREBY CERTIFY: that the Easement showtrue and • '
o f ion to l p n the 10,00 foot n hereon i s
• easement shall be at an Elevation of /G. feet. more or less. correct to the best of our knowledge and belief, as recently
referenced to National Geodetic Vertical Datum (N.G.V.b.). 1929 prepared under our direction.
and the perimeter vertical Elevation shall be infinity. The 14.5 • 7,,Jzittc7.tiukie_____
elitt r, Inc.
. _foot Elevation shall extend Easterly from Lincoln Road to the • note: •.
Easterly face of the concrete bulkhead cap and then revert to . The Korth Arrow and Bearings are By:
natural ground. • referenced to those on the above s D. Reeve - President .
Subject to reservation in the Grant of Easement. a�e-nttoned Erosion Control Line. Florida
P L.S. 1 2194.
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THIS. IS A SKETCH
• OF A. l 0.0.0 FOOT ACCESS. EASEMENT, SAID EASEMENT
0 s
't' a? n- • . • . ib•Otze U-- u
6EING THE SOUTHJ V, 1 o SOUTHERLY 10.00 FEET OF THE FOLLOWING DESCRI6E0 PROPERTY.
ki i s+0 . - t '.: .• 17: V 4 • 4/ev , •. .c.a. L • v Said property being East of the Easterly end of Lincoln
' !� -
.. y Easterly end being the Road, said N
• production Southerly of the' Easterly line
. `,Q of Block 29, Fishers First Subdivision of•A1 ton
��•O '� • - �•• Beach, recorded in
me r �.o . _ - �� :yam � •� � Plat Book 2, at page 77 of the public records
•t. v Said Property bounded as follows: Boundedof Dade County, Florida.
J ��`'�''r� ~ �'�� -oir- r• �' Northerly on the North by the m
i�j line of the South of
c-4,,uyr _� _-__-.�s g - . . 'fit Block 1/2Lot 5 and the South 1/2 of Lot 16,
Q h o r 29 of the above referenced subdivisionLJ
aounded on the West by the Easterlyproduced Easterly;
W
on .the East by the Erosion 1 f ne •of sAid Block 29; Bounded
- ' LOC'4T/0,�1 •S�CGt-�' Control Line of *the Atlantic
'v D C•4 G F line recorded in Plat Book 105, at page Ocean, said
`S
Dade County, Florida.; 9 62 of the public records of
Florida.; Bounded on the South by the Centerline of
• referenced Lincoln Road produced Easterly. Easement contains
square feet, more or less. 1906
SURVEYORS CERTIFICATE:
WE HEREBY CERTIFY: that the Easement shown hereon
to the best of our knowledge and belief, i s true and correct
our direction. as recently prepared under
NOTE: The bottom or horizontal plane of the 10.00 .foot � � Z
A441.1)j3 )YJL.t.,Lift--
easement shall be at an Elevation of /� feet moreor Note: The North Arrow and Bearings
u lie Khitt er, nc.
less. are referenced to those shown -on 9
,referenced to National Geodetic Vertical Datum {M.G.Y.O.), 1929 own •on the
-and the above referenced ErosionBy:
perimeter vertical EleYation shall be infinity. The 14.5 Control
foot Elevation shall extend Easterly from Lincoln Road to Line. J es 0. Reeves, President
Easterly face of the concrete bulkhead cap and then revertthe P.L.S. No. 2194, Florida •
natu.�al ground. Subject to reservation in the Grantof to
Easement. •
June 18 , 1993
t(e&v, 3_ <)- 94 AI-5 70 c=6 cv4T/O Ai o,ri4y
ORIGINAL
RESOLUTION NO. 93-20801
authorizing the Mayor and City Clerk to
Illixecute an agreement entitled the "Lincoln
goad Street End Agreement," between the
City of Miami Beach and Crescent Heights
XXX, Inc. , a Florida Corporation, and
Ingismamal DiLido Beach Hotel Corporation, a Florida E
Corporation.
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