2007-26521 Reso
RESOLUTION NO. 2007-26521
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A FIRST READING
OF THIS RESOLUTION, APPROVING THE VACATION OF A
PORTION OF AN ALLEY, CONTAINING APPROXIMATELY 14
SQUARE FEET AND LOCATED ADJACENT TO THE PROPERTY
LOCATED AT 1665 ALTON ROAD (SAID PROPERTY LEGALLY
DESCRIBED AS LOT 20, BLOCK 39), IN FAVOR OF THE APPLICANTS
AND ADJACENT PROPERTY OWNERS, MBEACHl, LLLP AND
MBEACH3, LLC (WHOSE AFFILIATE, UIA MANAGEMENT, LLC, IS
THE DEVELOPER UNDER A DEVELOPMENT AGREEMENT WITH
THE CITY OF MIAMI BEACH, FLORIDA, WHICH WAS APPROVED
PURSUANT TO RESOLUTION NO. 2007-26494); SAID VACATION IN
EXCHANGE FOR THE APPLICANTS' CONVEYANCE/DEDICATION,
FOR RIGHT OF WAY PURPOSES, OF APPROXIMATELY 180 SQUARE
FEET OF A PORTION OF THE PROPERTY OWNED BY THE
APPLICANTS (WITHIN THE PROPERTY LEGALLY DESCRIBED AS
LOT 7, BLOCK 39); WAIVING, BY 5/7THS VOTE, THE COMPETITIVE
BIDDING AND APPRAISAL REQUIREMENTS, AS PROVIDED IN
SECTION 82-39 OF THE CITY CODE, FINDING SUCH WAIVER TO BE
IN THE BEST INTEREST OF THE CITY; WAIVING, AS REQUESTED
BY APPLICANTS, THE VACATION APPLICATION FEE, IN THE
AMOUNT OF $5000.00; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE ANY AND ALL AGREEMENTS AND/OR
INSTRUMENTS, AS NECESSARY, TO EFFECTUATE THE SUBJECT
VACATION; AND FURTHER PROVIDING FOR SETTING OF A
PUBLIC HEARING, TO BE HELD CONCURRENT WITH SECOND AND
FINAL READING OF THIS RESOLUTION, AT THE CITY
COMMISSION MEETING ON MAY 9, 2007.
WHEREAS, MBeach1, LLLP, a Delaware limited liability limited partnership,
authorized to transact business in Florida as MBeach1, LLLP, Ltd. ("MBeach1 ") is the owner of
certain land located at 1111 Lincoln Road, Miami Beach, Florida (the "MBeach1 Property"); and
WHEREAS, MBeach3, LLC, a Delaware limited liability company ("MBeach3") is the
owner of certain land adjacent to the MBeach1 Property, located at 1665 Alton Road, Miami
Beach, (the "MBeach3 Property", and together with the MBeach1 Property, the "1111 Lincoln
Road Property").
WHEREAS, the Design Review Board of the City approved the renovation of the
existing office building located on the MBeachl Property and the construction of a new two
story mixed-use building on the MBeach3 Property and a new seven story mixed-use parking
structure on the MBeachl Property (collectively, the "1111 Lincoln Project"), pursuant to an
Order dated February 7,2006, under DRB File No. 19018 (the "DRB Order").
Agenda Item
Date
R7D
9-1/ -07
WHEREAS, The Board of Adjustment of the City approved the 1111 Lincoln Project
pursuant to an Order dated March 3, 2006, under File No. 3178 (the "BOA Order"); and
WHEREAS, a condition under each of the DRB Order and the BOA Order, the owner of
the 1111 Lincoln Road Property was required to enter into discussions with the City to explore
the possibility of closing the block of Lincoln Road between Lenox Avenue and Alton Road to
vehicular traffic and extending the Lincoln Road pedestrian mall west to Alton Road; and
WHEREAS, to that end, the City and VIA Management, LLC, a Delaware limited
liability company ("VIA"), an affiliate of MBeach1 and MBeach3, have entered into a
Development Agreement providing for VIA to design and construct a new pedestrian mall and
the closure of Lincoln Road, from Lenox Avenue to Alton Road, along with sidewalk and other
improvements along Alton Road, Lenox Avenue and Lincoln Lane (the "Lincoln Road Project");
said Development Agreement was approved on Second and Final Reading, on March 14, 2007,
pursuant to Resolution No. 2007-26494; and
WHEREAS, in order to facilitate the construction pursuant to the Development
Agreement, the City agreed to grant to MBeach1 and MBeach 3 certain easements and/or right-
of-way permits for the construction and future maintenance of both the Lincoln Road Project and
1111 Lincoln Project, and
WHEREAS, as a component of the requested easements MBeach1 and MBeach3
(hereinafter referred to as the "Applicants") are requesting the vacation of a portion of an alley;
and
WHEREAS, specifically, the Applicants have applied for the vacation of approximately
fourteen (14) square feet of a portion of an alley located adjacent to the MBeach3 Property (said
property legally described as Lot 20, Block 39), as depicted in the attached Exhibit "A"; and
WHEREAS, in exchange for the vacation of the portion of the aforestated alley, the
Applicants shall convey/dedicate approximately 180 square feet of their property (within the
property legally described as Lot 7, Block 39), to the City, for right-of-way purposes, as depicted
in the attached Exhibit "B"; and
WHEREAS, the City's Public Works Department has received and reviewed the
Applicants' application for request for vacation of the alley, as required by, and in accordance
with, the City's Requirements for Vacation of Alleys, Easements and City Rights-of-Way; and
WHEREAS, following review of the application, the Administration finds that an
extraordinary public benefit would be served by granting the vacation; which will allow the
development of construction of the 1111 Lincoln Road Project to move forward; which Project
would provide improved public pedestrian areas on Lincoln Road; and
WHEREAS, the proposed vacation also requires compliance with the provisions of
Sections 82-36 through 82-40 ofthe City Code; and
WHEREAS, as required pursuant to Section 82-38 of the City Code, a Planning
Department Analysis has been prepared regarding the subject vacation request, and is attached as
Exhibit "C" hereto; and
WHEREAS, additionally, as permitted by Section 82-39 of the City Code, the
Administration would recommend that the Mayor and City Commission waive, by 517ths vote,
the competitive bidding and appraisal requirements, finding such waiver to be in the best interest
of the City; and
WHEREAS, as required by Section 82-37 of the City Code, the Administration would
recommend that a duly noticed public hearing be set for the City Commission meeting of May 9,
2007, to hear public comment regarding the proposed alley vacation; and
WHEREAS, the Applicants are requesting that the City Commission waive the vacation
application fee in the amount of $5,000; and
WHEREAS, the Administration would recommend that the Mayor and City Commission
approve Applicants' vacation request, as set forth and subject to any and all conditions in this
Resolution, and that Second and Final Reading of this Resolution be scheduled for the City
Commission meeting on May 9,2007.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission, following First Reading of this Resolution, hereby approve and authorize the
vacation of a portion of an alley containing approximately 14 square feet and located adjacent to
the property located at 1665 Alton Road (said property legally described as Lot 20, Block 39), in
favor of the Applicants and adjacent property owners, MBeachl and MBeach3 (whose affiliate,
VIA is the Developer of the Lincoln Road Project); said vacation in exchange for the Applicants'
conveyance/dedication, for right-of-way purposes, of approximately 180 square feet of a portion
of the property owned by the Applicants (within the property legally described as Lot 7, Block
39); waiving, by 517ths vote, the competitive bidding and appraisal requirements, as provided in
Section 82-39 of the City Code, finding such waiver to be in the best interest of the City;
waiving, as requested by Applicants, the vacation application fee, in the amount of $5,000.00;
authorizing the Mayor and City Clerk to execute any and all agreements and/or instruments, as
necessary, to effectuate the subject vacation; and further providing for setting of a public hearing,
to be held concurrent with Second and Final Reading of this Resolution, t he Cit Commission
meeting on May 9,2007.
PASSED and ADOPTED this ~ day of April
A OR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
ATTEST:
~L~~~
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida following a duly
noticed Public Hearing to hear public comment regarding the vacation of approximately 14 square
. feet of an alley, adjacent to the proposed 1111 Lincoln Road project, in favor of MBeach 1, LLLP and
MBeach 3, LLC (the Applicants and Developer of 1111 Lincoln Road project); in exchange for
a roximatel 180 s uare feet of the develo er's ro ert to be dedicated for Ri ht-of-Wa ur oses.
Ke Intended Outcome Su orted:
Increase satisfaction with development and growth management across the City
Issue:
Shall the Mayor and City Commission approve the Resolution?
Item Summary/Recommendation:
Since November 2006, the Administration has been in discussions with the developer of the 1111 Lincoln
Road property. The discussions have resulted in the completion of a Development Agreement between
the City and the Developer for the construction of a pedestrian plaza with water features on Lincoln Road
from Lennox Avenue to Alton Road. As part of this Development Agreement, the Developer had
requested an Easement Agreement with multiple elements. One of the elements requires the vacation of
a portion of an alley which under City Code Section 82-36 through 82-40 must be approved by the City
Commission.
The Applicants have requested the City Commission to consider an application for vacating a portion of
the alley located on Alton Court in exchange for 180 square feet of a portion of the private parking lot
adjacent to north Lincoln Lane. The vacation of the approximately 14 square feet of the alley is required
to permit a second floor overhang over the existing public Right-of-Way. There will be no building or
structures in this proposed vacated area; it will be only used for the new bank drive-thru facilities. The
Public Works Department has received and reviewed the Developer's/Applicant's request for vacation of
the alley and has determined that the Applicants meet the criteria pursuant to the City Code; which also
requires the Mayor and City Commission to hold a public hearing to hear public comment for the
aforestated request for vacation.
The Administration views the vacation exchange to be of extraordinary public benefit and therefore
recommends waiving by 5/ih vote the competitive bidding and appraisal requirements and waiving the
vacation application fee in the amount of $5000.
The Administration recommends approval on First Reading and scheduling a Second Reading and
Public Hearing on May 9,2007.
Advisory Board Recommendation:
I None
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
Si n-Ofts:
Department Director
Assistant City Manager
RCM
City Manager
in
'riiiiliiiI"
MIAMI BEACH
AGENDA ITEM
DATE
lD
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~ ~f\tG~
DATE: April 11 , 2007
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE VACATION OF A PORTION OF AN ALLEY,
CONTAINING APPROXIMATELY 14 SQUARE FEET AND LOCATED ADJACENT
TO THE PROPERTY LOCATED AT 1111 LINCOLN ROAD (SAID
PROPERTY LEGALLY DESCRIBED AS LOT 20, BLOCK 39), IN FAVOR OF THE
APPLICANTS AND ADJACENT PROPERTY OWNERS, MBEACH 1, LLLP AND
MBEACH 3, LLC (AS THE DEVELOPER OF THE 1111 LINCOLN ROAD PROJECT)
SAID VACATION IN EXCHANGE FOR THE APPLICANTS'
CONVEYANCE/DEDICATION, FOR RIGHT OF WAY PURPOSES, OF
APPROXIMATELY 180 SQUARE FEET OF A PORTION OF THE PROPERTY
OWNED BY THE DEVELOPER (WITHIN THE PROPERTY LEGALLY DESCRIBED
AS LOT 7, BLOCK 39); PROVIDED THAT THE SUBJECT VACATION IS FURTHER
SUBJECT TO AND CONDITIONED UPON THE APPLICANTS' COMPLIANCE WITH
AND SATISFACTION OF THE CONDITIONS SET FORTH IN THIS RESOLUTION;
WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS, AS PROVIDED IN SECTION 82-39 OF THE CITY CODE,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; WAIVING,
AS REQUESTED BY APPLICANTS, THE VACATION APPLICATION FEE, IN THE
AMOUNT OF $5000.00; AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ANY AND ALL AGREEMENTS AND/OR INSTRUMENTS, AS
NECESSARY, TO EFFECTUATE THE SUBJECT VACATION.
ADMINISTRATION RECOMMENDATION
Approve on First Reading and schedule a Second Reading and Public Hearing on May 9,
2007.
ANALYSIS
Since November 2006, the Administration has been in discussions with the developer of the
1111 Lincoln Road property. The discussions have resulted in the completion of a Development
Agreement between the City and the Developer for the construction of a pedestrian plaza with
water features on Lincoln Road from Lennox Avenue to Alton Road. As part of this
Development Agreement, the Developer had requested an Easement Agreement with multiple
elements. One of the elements requires the vacation of a portion of an alley which under City
Code Section 82-36 through 82-40 must be approved by the City Commission.
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 2 of 8
MBeach 1, LLLP and MBeach 3, LLC (as the Developer of the 1111 Lincoln Road Project and the
Applicants for the vacation) have applied for the vacation of approximately 14 square feet of a
portion of an alley located adjacent to the 1111 Lincoln Road Project (said property legally
described as lot 20, block 39) as depicted in the attached Attachment "A". In exchange for the
vacation of the portion of the public Right-of Way the Applicants have offered to convey/ dedicate
approximately 180 square feet of his own property (within the property legally described as lot 7,
block 39) for Right-of Way purposes, as depicted in the attached Attachment "B". The vacation of
the approximately 14 square feet of the alley is required to permit a second floor overhang over
the existing public Right-of-Way. There will be no building or structures in this proposed vacated
area; it will be only used for the new oank drive-thru facilities. Attachment "C" is a site plan
showing the portion of the alley to be vacated and the portion of the Applicant's property being
dedicated for public purposes. Attachment "0" is the Opinion of Title included as a supporting
document for the application.
The Applicants have complied with the requirements as set forth in City Code Chapter 82 Article
II Section 82-37 for Requesting the Vacation of a City Right-Of Way, which requires that the
Mayor and the City Commission set a duly noticed public hearing, to hear public comment
regarding the proposed alley vacation, and to accept a dedication of a portion of the Applicants'
property in exchange for a portion of the vacated alley.
As required by Section 82-38 of the City Code, a Planning Department Analysis has been
. prepared with regards to the proposed alley vacation; said analysis is attached and incorporated
as Attachment "E". In addition, the Administration's review of the seven criteria elements for
vacating City property/granting revocable permit is provided below:
1. That the applicant's need is substantial. Satisfied.
2. That the applicant holds title to an abutting property. Satisfied.
3. That the proposed improvements comply with applicable codes, ordinances, regulations,
neighborhood plans and laws. Satisfied. The Developer's improvements with the
construction of the 1111 Lincoln Road Project which include a parking garage, a new
bank building and the redevelopment of the existing bank building will be built in
accordance of all the applicable City Codes, ordinances, regulations, neighborhood plans
and laws.
4. That the grant of such application will have no adverse effect on governmental/utility
easements and uses on the property. Satisfied.
5. Alternatively:
a) That an unnecessary hardship exists that deprives the applicant of a
reasonable use of the land, structure or building for which vacation is sought,
arising out of special circumstances and conditions that exist and were not
self-created and are peculiar to the land, structures or building involved and
are not generally applicable to other lands, structures or buildings in the
same zoning district and the grant of the application is the minimum that will
allow reasonable use of the land, structures or building. Satisfied.
That the grant of the vacation will enhance the neighborhood and/or
community by such amenities as, for example, enhanced landscaping,
improved drainage, improved lighting, and improved security. Satisfied.
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 3 of 8
6. That granting the vacation requested will not confer on the applicant any special
privilege that is denied to other owner of land, structures or buildings subject to similar
conditions. Satisfied.
7. That granting the vacation will not be injurious to the surrounding properties, the
neighborhood, or otherwise detrimental to the public welfare. Satisfied.
The proposed vacation of a portion of an alley containing approximately 14 square feet of land
and located adjacent to Lot 20, Block 39 in favor of MBeach3, LLC, in return for the dedication to
the City of Miami Beach by MBeach1, LLLP, Ltd., an affiliate of MBeach3, LLC (MBeach3, LLC
and MBeach1, LLLP, Ltd. are collectively, "Developer"), of approximately 180 square feet of land
located adjacent to Lot 7, Block 39 for right-of-way purposes is in the best interest of the public's
general welfare for the following reasons:
1) As a result of the Vacation and the Dedication, the City is gaining 180 square feet of land in
return for 14 square feet of land being vacated in favor of Developer.
2) As a result of the project being developed by Developer at 1111 Lincoln Road (the "Project"),
Developer will be increasing the safety of both pedestrians and drivers.
3) The Dedication and the Vacation will enable Developer to create an access area for fire trucks.
4) The Dedication and the Vacation will enable Developer and the City to improve the flow of
traffic along alleyways adjacent to the Project and throughout the Project area.
5) The Dedication will create an adequate turning radius for trucks and emergency vehicles in an
area where there is a very inadequate turning radius today.
6) The Vacation is occurring in a location where the alley adjacent to the Project is being closed
to vehicular traffic and therefore the portion of the right-of-way being vacated is no longer
necessary for the City because it was a radius return and there will no longer be vehicles turning
in that area.
7) As part of the Project, Developer is constructing a parking garage at the corner of Alton Road
and Lincoln Road that will provide approximately 260 additional parking spaces in one of Miami
Beach's busiest locations.
8) The Project is of extraordinary public benefit.
In addition, the Administration recommends waiving by 5/7ths vote, the competitive bidding and
appraisal requirements, as provided in Section 82-39 of the City Code, finding such waiver to be
in the best interest of the City; waiving, as requested by Applicants, the vacation application fee,
in the amount of $5000.00; and authorizing the Mayor and City Clerk to execute any and all
agreements and/or instruments, as necessary, to effectuate the subject vacation.
Attachments:
"A" Legal Description and Survey Sketch of Proposed Vacation
"B" Legal Description and Survey Sketch of Property to Be Dedicated for Public Purpose
"C" Site Plan
"D" Opinion of Title
"E" Planning Analysis
, T:\AGENDA\2007\apr1107\Regular\1111 Lincoln Road Vacation MEMO.doc
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 4 of 8
"A" Legal Description and Survey Sketch of Proposed Vacation
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER 5085-04)
~. 3921SW 47TH AVENUE, SUITE 1011 CLIENT:
DAVIE, FLORIDA 33314 MBEACHl LLLP
CERTIFICATE OF AUTHORIZATION : LB # 6448 . ,
PHONE (954) 680-9885 FAX (954) 680-0213
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION :
A PORTION OF THE ALLEY LYING ADJACENT TO LOT 20, BLOCK 39,
"COMMERCIAL SUBDIVISION, FIRST ADDITION", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 6, AT PAGE 30 OF THE. PUBLIC
RECORDS OF MIAMI/DADE COUNTY, FLORIDA,' BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS; .
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT. 20;
THENCE SOUTH 00'48'26" EAST ALONG THE EAST LINE OF SAID LOT 20, >A
DISTANCE OF 22.01 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 00.48'26" EAST ON THE SOUTHERLY EXTENSION OF
SAID LOT 20, A DISTANCE OF 7.99 FEET;
THENCE SOUTH 89'08'55" WEST. ALONG THE EASTERLY EXTENSION OF SAID
LOT 20, A DISTANCE OF 7.99 FEET TO A POINT ON A TANGENT CURVE;
CONCAVE TO THE NORTHWEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS
OF 8.00 FEET, A CENTRAL ANGLE OF 89'57'21. AND AN ARC DISTANCE OF
12.56 FEET TO THE POINT OF BEGINNING.
SAID LAND. SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH,
MIAMI/DADE COUNTY, FLORIDA; CONTAINING 14' SQUARE. FEET, MORE OR LESS.
lfQIES;
1. NOT VAllO WlTliOUT THE SIGNATURE AND THE ORIGINAL RAISEO SEAL OF A FLORIOA
L1CENSEO SURVEYOR ANO MAPPER. .
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEt.lENTS, OWNERSHIP, OR OTHER INSTRUMENTS' OF .RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS' PREPARED BY THE SURVEYOR.
. 5. BEARINGS SHOWN HEREON ARE ASSUMED. THE SOUTH LINE OF LOT 20, BLOCK 39
.COt.lt.lERCIAL SUBDIVISION, FIRST ADDITION., P.B. 6, PG. 30, M/O.C.R. .
SAID UNE BEARS S89'D8'SS.W.
I HEREBY CERTIFY THAT THE ATTACHED .LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF
AS PREPARED UNDER MY DIRECTION IN t.lARCH, 2007, I FURTHER CERTIFY THAT THIS
"LAND DESCRIPTION AND SKETCH. MEETS THE t.lINIMUM TECHNICAL STANDARDS
FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 61G17 OF
THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA
STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREml.
. FOR THE FIRM, BY: ------------------------------------
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
flORIDA REGISTRATION NO. 4188
REVISIONS DATE FB/PG DWN CKD
LAND DESCRIPTION ole SKETCH 03/06/07 ----- AV REe
LAND DESCRIPTION
& SKETCH
FOR PARCEL fROM
CITY Of
MIAMI BEACH
PROPERTY ADDRESS :
1111 LINCOLN ROAD
( SCALE: . N/A . )
( SHEET 1 Of 2 )
COUSINS" SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER: 5085-04 )
~ 3921 SW 47TH AVENUE, SUITE 1011 CLIENT:
. DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION: LB # 6448 MBEACH1, LLLP
PHONE (954) 680-9885 FAX (954) 680-0213
"LAND DESCRIPTION AND SKETCH
*
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CKD CHECKED BY
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P.B. PlAT BOOK
. M/D.C.R. MIAMI/DADE COUNTY RECORDS
A ARC DISTANCE
R RAOIUS .
fj. CENTRAL ANGLE
LOT 1 9
BLOCK 39
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REVISIONS
LAND OESCRlPTION & SKETCH
DATE "FB PG OWN CKD
03/06/07 "V REC
LAND DESCRIPTION
& SKETCH
FOR PARCEL FROM
CITY OF .
MIAMI BEACH
PROPERTY "OORESS :
1111 LINCOLN ROAD
(SCALE: 1"= 10' )
( SHEET 2 OF 2 )
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 5 of 8
"B" Legal Description and Survey Sketch of Property to Be Dedicated for
Public Purpose
COUSINS
$:.
SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 .
CERTIFICATE OF AUTHORIZATION: LB # 6448
PHONE (954) 680-9885 FAX (954) 680-0213
5085-04 )
CLIENT :
MBEACH1. LLLP
LAND DESCRIPTION AND ,SKETCH
l4ND DESCRIPTION :
A PORTION OF LOT 7, BLOCK 39, "PALM VIEW SUBDIVISION", ACCORDING TO
,THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 6. AT PAGE 29 OF THE
PUBUC RECORDS OF MIAMI/DADE COUNTY. FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 7:
THENCE SOUTH 00'48'26" EAST ALONG THE WEST LINE OF SAID LOT 7. A
DISTANCE OF 22.02 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHEAST:
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS
OF 8.00 FEET, A CENTRAL ANGLE OF 90"02'39" AND AN ARC DISTANCE OF
12.57 FEET: '
THENCE NORTH 89'08'55" EAST ALONG THE SOUTH LINE OF SAID LOT 7, A '
DISTANCE OF 22.02 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHEAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A 'RADIUS
OF 30.00 FEET. A CENTRAL ANGLE OF 90'02'39" AND AN ARC DISTANCE OF
47.15 FEET TO THE POINT OF BEGINNING.
SAID LAND SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH,
MIAMI/DADE COUNTY; FLORIDA; CONTAINING 180 SQUARE FEET; MORE OR
LESS.
t:!Qill;
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL or A FLORIDA
LICENSED SURVEYOR AND, MAPPER.
2. LANDS SHOWN HEREON, WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.,'
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. ' THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED. THE SOUTH LINE OF LOT 7, BLOCK 39
.PALM VIEW SUBDIVISION", P.B. 6, PG. 29, M/D.C.R. SAID LINE BEARS N89'08'SS"E.
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF
AS PREPARED UNDER NY DIRECTION IN MARCH, 2007. I rURTHER CERTIFY THAT THIS
"LAND DESCRipTION AND SKETCH" MEETS THE MINIMUM TECHNICAL STANDARDS
FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 61G17 OF
THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, rLORIDA
STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
rOR THE FlRN, BY: ------------------------------------
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
. REVISIONS DATE FB/PG DWN CKD
LAND DESCRIPTION II< SKETCH 03/06/07 ----- AV REC
LAND DESCRIPTION
& SKETCH .
FOR PARCEL TO
CITY OF
MIAMI BEACH
PROPERTY ADDRESS :
1111 LINCOLN ROAD
(SCALE: Nj A )
( SHEET 1 OF2 )
I
I
I'
I
I
COUSINS
$
$
SURVEYORS & ASSOCIATES, INC.
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION,; LB # 6448
PHONE (954) 680-9885 FAX ~954) 680-0213
LAND DESCRIPTION AND SKETCH
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LOT 7, BLOCK 39
P.B. 6, PG. 29, M/D.C.R.
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(PROJECT NUMBER 5085-04)
CLIENT :
MBEACH I, LLLP
LEGEND:
CKD ' CHECKED BY
OWN DRAWN BY
fB/PG FIELD BOOK AND PAGE
POB POINT Of BEGINNING
POC POINT Of COMMENCEMENT
P.B. 'PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
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REVISIONS
lAND DESCRIPTlOH " SKETCH
N8900B'55"[
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LOT 7
BLOCK 39
1 80 SO FT.
SOUTH LINE - LOT 7
20' ALLEY
DATE FB ,PG OWN CKO PROPERT'!' ADDRESS :
03/06/07 AV REC LAND DESCRIPTION 1111 LINCOLN ROAD
&. SKETCH ( SCALE: 1"= 10' J
FOR PARCEL TO
CITY OF
,MIAMI BEACH ( SHEET 2 OF 2 )
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 6 of 8
"e" Site Plan
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CARPARK ANO EXISTING OFFICE BUILDING
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Page 7 of 8
"0" Opinion of Title
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ISSUED BY
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.c-'lrSe. EJ>.merlCa.n Jii i..' Jl", ; JJ.l!.-:;7l1r ~n(;v ~'._d.fj,i..DaIi. V
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SUBJECT TO THE EXCLUSIONS.FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE.
CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporati6n, herein cal!ed the Comp.any,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of InsuranCe stated in Schedule A,
suslained or incurred by the. Insured by reason of: . .
1. Tille to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect In or lien or encumbrance on the tille;
3. . Unmarketabi lity of Ihe tille;
4... Lack of a right of access to and from the land. .
The Company will also pay the costs, attorneys' fees.and expenses incurred in defense of the tille, as insured, .but only to the extent provided
in the Conditions and Stipulations.
First American Title Insurance COfl1pany'
\ .
PRESIDENT
B; Arr ~
ATTEST /J1 FtAL L
.~ SECRETARY
ITP 10/99)
ALTA Owner's Policy (10-17-92) (With Florida Modifications)
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First American Title Insurance Company
OWNER'S POLICY
SCHEDULE A
Agent's File No. 76134-22013
Date of Policy: March 25,2005 at 10:07:51 a.m.
. Policy No. FA-35-951247
Amount of Insurance: $42,000,000.00
1. Name of Insured: MBeachl, LLLP, a Delaware limited liability limited partUership,
authorized to transact business in Florida as MBeachl, LLLP, Ltd.
2. . The estate or interest in the land which is cove~ed by this policy is: Fee Simple
3. Title to the estate or interest in the land is vested in:
MBeachl,.LLLP, a Delaware liririted liability limited partnership, authori:z:ed to transact business
in Florida as MBeachl, LLLP, Ltd.
4. The land referred to.in this Policy is described as follows:
. Parcell:
Lots 1~2, 3, 4, 5 and 6, Block 39, COMMERCIAL SUBDMSION, according to the piat thereof,
as recorded in Plat Book 6, at Page 5, of the Public Records of Miami-Dade County, Florida.
and
Parce12:
Lots 7 and 8,.Block 39,.PALM VIEW SUBDNISION, according to the Plat thereof, as recorded
in I>lat Book 6, at Page 29, of the Public Records of:M1ami-Dade County, Florida.
and
Parcel 3:
Lots 19 and 20, ;Block 39, COMMERCIAL BUBDMSION, FIRST ADDITION, according to
the Plat thereof, as recorded in Plat Book 6, at Page 30, of the Public Records of Miami-Dade
. County,.Florida. ..
Bilzin S1JIl1berg Baena Price & Axelrod LLP
200 South Biscayne Boulev te 2500
. Miami, Florid 3 1 - O'
By:
St en W.. Simon, E
Authorized Signatory
MIAMI 884785.1 7613422013
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'First American Title Insurance Compap.y
SCHEDULE B
EXCEPTIONS FROM COVERAGE
'-/
Agent's File No. 76134-22013
Policy No. FA~35-951247
This policy does not insure against loss or damage (and the Company will not pay costs,. attorneys' fees or
. expenses) which arise by reason of:
L . . Taxes and assessments for the year 2005 and subsequent years, which are not yet due and payable.
2. Basement granted to Florida Power & Light Company, recorded July 16, 1970, in Official Records Book
6917, at Page 298.
. 3. Terms, provisions and conditions of that certain unrecorded lease between George Goldbloom and
Emanuel Edelstein, doing business as M.G.. Investment, a Partnership,. as Lessor, and Flagship First
National Bank of Miami Beach, a national bankirig association, as Lessee, as referred to in Notice of Lease
Agreenient filed NoveI?ber 15, 1977, in Official Re~ords Book 9859; at ~age 1787. .
, . , . . I
4. . Order of the Board of Adjustment of the City of Miami Beach,.Florida, recorded June 12, 1991, in.Official
Records Book 15062, at Page 2803. .
5. Te~s, provisions and conditions of that certain unrecorded Lease betWeen Uccello ImmobiIien GmbH, a
corporation organized and existing under the laws of the Federal Republic of Germany, as Landlord, and
MTV Networks Latiri America, Inc. f/kJa MTV LatiI?-o, Inc., a Delaware.corporation, as Tenant, as referred
to in Noti.ce of Lease Prohibition of Construction Liens recorded June 23, 1995, inOffiCial Records Book
. 16826, 'at Page 1861, together with Exhibit "B'" to Second Amendment to Lease, re~orded December 13, .
'. 1996; in Official Records Book 17459, at Page 3690.
". ," .
6. Order of the' Board Of Adjustment of the City of Miami Beach, Florida, recorded l\fovember 13, 1995, in
Official Records Book 16987, at Page 3902.
7. Terms, provisions and conditions of that certain lU1Jecorded Lease.between Uccello Immobilien GmbH, a .
corporation organized and existing under the laws of the Federal Republic of Germany, as Landlord, and
IEA Acquisition Corp., a Florida corporation, as Tenant, as referred to in Notice of Lease Prohibition of
Construction Liens, recorded February 14, 2000, in Official Records Book 18984, at Page 125.
8. Rights of tenants in possession under unrecorded leases.
9. Special Assessments levied by the City of Miami Beach under account immbers CL00113, CL00116, ,
CL00184 and CL00185, all being paid in annual installments with the next instalhnents for each due May
1,2005. .
Declaration of Restrictive Covenants in Lieu of Unity of Title recorded March 25, 2005, in OffiCifal
Records Book 23203, at Page 4868 (as to Parcels 1 and 2 only). .
MIAMI 884785.1 7613422013 .
10.
11.. . Mortgage, Assignment of Rents, Security Agreement and Fixture Filing made by MBeach1, LLLP, a
Delaware limited liability limited partnership, authorized to transact business in Florida as MBeachl,
LLLP, Ltd., in favor of KeyBank National Association, dated as of March 23,2005, and recorded March
25, 2005, in Official Recoras Book 23203, at Page 4875, securing notes in the principal amount of
$38,500,000.00; together with:
(a) Assignment of Leases and Rents recorded, March 25, 2005, in Official Records Book.
23203, at Page 4900; and
. (b) State of Florida Uniform Commercial CodeF:inancing Statement recorded March 25,2005,
in Official Records'Book 23203, at Page 4911. .
Informational Note: Notice to Lien Claimants recorded February 7,2001, in Official Records Book 19487,
. at page 1805. ..
Note: All of the recording infomiation contained herein refers to the Public Records of Miami-Dade
County, Florida. . .
END OF SCHEDULE B
I
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MIAMI 884785.1 7613422013
EXCLUSIONS FROM COVERAGE
rhe f~Jlowing mailers are expressly excluded from the coverage of this policy and the Company' will not pay loss or damage, costs, allorneys' fees or expenses which arise by
-eason of: .' ' :,
Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibitin~ or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or' hereafter erected on the land; (ili) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of '
any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. ' , ,
Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land ha~ been recorded in the public records al Date of Policy.
2. Rights of eminent domain unless nolice of the exercise thereof has been recorded in ,the public records at Date of Policy, but 0.01 excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. , '
I. (a)
(b)
3. Defects, liens, encumbrances, adverse claims or other mallers:
(a) created, suffered, assumed or agreed to by the insured claimant; ,
'(b) not known 10 the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and 'not disclosed in writing to the Company by the
insured claimant prior to lhe date the insured claimant became an insured under this policy;, '
(c) resulting in no loss or damage to the insured claimant; "
(d) attaching or created subsequent to Date of Policy.; or '
(e) resulting in loss or damage which would 0.01 have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on: ' ' '
(a) the transaction creating the estate or interest insured by this'policy being deemed a fraudulent conveyance or fraudulent transfer; or ,
(b) the transaction-creating the estate or interest insured by this policy being deemed a preferential iransfer except where the preferential transfer results from the failure: '
(i) to timely record the instrument of transfer; or '
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
1. DEFINITION OF TERMS.
The,followin~ terms when used in this p'olicy mean:
(a) "insured: the insured named in Schedule A, and,
subject to any rights or defenses the Company woula
have, had agamst Ihe named insured, those who succeed
to the'interest of the named insured by op'eration of law
as distinguished from p'urchase including, 'but not
limited' 'to, heirs, distnbutees, devisees, surVivors,
persopal representatives, next of kin, or corporate or
fiducla!ysuccessors. '
(b)~msured claimant": an insured c]aiming'loss or
damage; ,
(c), "knowledge" or "known": actual knowledge, not
constructive knowledge or notice which may be
imp.uted to an insured oy reason of the public records as
defined in this P.<Jlicy or any other records which impart ,
constructive notiCe of matters affecting the larid.
(d) '"land": the land described or referred to in
Schedule (A), and improvements affixed thereto which
by law conslJtute real property. The term "land" does
not 'include any property beyond the lines of the area
~escri~ or referred 10 in Schedul!l A, no~ any right,'
lJtle1,_ ,mterest, estate or easement In abuttmg streets,
roans, 'avenues, alleys, lanes, wa:,:s or waterways, but
nothing- herein shall mOdify or limit the extent to which
a right of access to, and from the land is insured by this
poh9i" ,
(e)':"mortg~ge:': mortgage, deed of trust, trust deed,
or other secunty Instrument.
(f)" '~public records": records established under state
statutes 'a.t Date. of Pohcy for the purpose of imparting
constructive nOlJce of matters relatmg to real propeny'lo
purchasers for yalue an~ without Knowledge. With
respect 'to Secllon l(aXIV) of the ExclUSIOns From
Coverage, 'public records" shall also include
environmental protection liens filed in the records of the'
'clerk of the UOIled States district coun for the district in
which the land is located. . ,
(g) '''unmarketability of the title": an alleged or
apparent ,matter affectin,g the, tit]e ,to the land, not
excluded 'or excepted nom coverage, which would
entitle:a purchaser of the estate or interest described in
Schedule A 10 be released from Ihe obligation to
purchase, by vinue of a contractual condition requiring
Ihe delivelYuof marketable title.
2. CONTINUATION OF INSURANCE AFI"ER
CONVEYANCEOFTIITL&
The coverage of this poli9 shall continue in force as of
Dale of PoHcy in favor of an insured only so long as the
insured retains an estate or interest in the land, or holds
a!l indebtedness secured by a pl!rchase money mortgage
given by a purchaser from the msured, or only so Tong
as the insured shall have liability by reason of covenants
of wari'anty made by the insured in any transfer or
conveyance of the estate or interest. This policy shall
not continue in force in favor of any purchaser from the
i!l.sured ~f either (i) an estate or interest in the land, or
(11)' an' 'm~ebtedness . secured by a purchase money
mortgll.&.e --8!ven to the Insured.
3. NOTICE OF ClAIM TO BE GIVEN BY
INSURED ClAIMANT.
T~e 'i,!sl!red shall noti{y. th!l Company' pr?mptly. in
wntmg-(I) m ~se.ofany'hlJgalJon as set forth m SectIon
~a) Ilelow, (Ii) In case kriowledg,e 'shall 'come to an
Insured hereunder of an:,: claim of tltle,or interest which
is adverse to the title to the estate or interest, as insured,
CONDITIONS AND STIPUlATIONS
All' information designated as confidential by the
insured claimant provilled to the Company pursuant to
this Section shall not be disclosed to others'unless, in
the reasonable judgment of the Company, il is t:lecessaT)'
in the administration of the claim. Failure oLthe insured
claimant to submit for examination under oaih, produce
other reasonably requested information or grant
permission to secure reasonably necessary information
from third parties as required in this paragraph shall
terminate any liability of the Company under thiS policy
as to thai claIm. '
6. OPTIONS TO PAY. OR OTHERWISE SETI1..E
ClAIMS. TERMINATION OF LIABILITY.
In case 01 a claim under this, policy, the Company
shall have the following additional options: '
(a) To Payor Tender Pavment of the Amount of
]risurance. '
, (i) To payor tender payment of the amount of
insurance under this policy together with any costs,
attorneys' fees, and expenses incurred by the insured
claimant, which were authorized by the Company, up to
the time of payment or tender of payment and which the
<;:ompa~x is obligated to pay: .
, (11) Upon the exercise by Ihe Company of thiS
option, all liability and obligations to the insured under
tllis policy, other than to make the payment req,uired,
shall terminate, including any liability or obiligalJon to
defend, prosecute, 'or continue any litigation, and the
policy shall be surrendered to the Company for
cancellation. ' '
(b) To Pavor Otherwise Seule With Parties Other
than the Insured or With the Insured >ilaimaJJt.
, (i) to payor otherwise seule With other parties for
or in the name of an insured claimant any claim insured
against under this policy, to~ether with any costs,
attorneys' fees, and expenses mcurred by the insurea
claimant which were authorized by the Company up to
the ,time of payment and which the Company is
obligated to pay; or ' '
(ii) to payor otherwise seule with the insured
claimant the loss or damage provided for under this
policy, together with any costs, attorneys' fees, and
expenses Incurred by the insured claimant which were '
authorized by the Company ,up to the time of payment
and which the Company is obhgated to pal'
Upon the exercise b)' the Company 0 either of the
options provided for m parasraphs (b)(i) or (ii), the
Company's obligations to the msured unCler this policy ,
for tile claimed loss or damage, other than the payments
required to be made, shall terminate, including any
liability or obligation to defend, prosecute or continue
any lilJg.ation.
7. DETERMINATION.!.. EXTENT OF LIABILITY'
AND COINSURANl,;E.
This policy is a contract of indemnitr against actual
monetary loss or ,damage sustained or mcurred by the
insured claimant who has suffered loss or damage by ,
reason of matters insured against by this ,policy and only'
to the extent herein described.
(a) The liability, of the Company under ,this policy
shall not exceed tlie least of: ' ,
(i) the Amount of Insurance stated in Schedule A;
or,
If loss should result from any ad of the":insured
claimant, as stated above, that act shall not void this
policy, but the Company, in that event, shall be required
to pay only that part of any losses insured against by
this policy which shall exceed the amount, if any, lost to
the Company by reason of the impairment by the
insured claimant of the Company's right of sUbro$alion:
(b) The Companv's RI2hts Al!ainst Non-msured
Qllliw1. ,
The Company's right of subrogation against non-
insured obligors shall exist and shall include, without,'
limilation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in
those instruments whicll provide for subrogation rights
by reason of this policy.
14. ARBITRATION.
Unless prohibited by applialble law, arbitration
purmant to the Tule Insurance Arbitration Rules of
the Amenaln, Arbitration Association 11Uly be
demanded if agreed to by both the Company, and the
Insured. Arbitrable nuUters may include, 'but are not '
limited to, any controvenJ or claim between the
Company and the Insured arising out of or relating to
this policy, and service of the Company in connection
with its issuance or the breach of a pOlicy provision or
other obligation. Arbitration pursU/Ult to this policy
and under the Rules in effect on the elate the detiulnd
for arbitration is nuule or, at the option of the Insured,
the Rules in elfect at Date of Policy shaU be binding
upon the parties. The award mal include ,attorneys'
fees only if the laws of the s14te In which the land is
located pennlt a courl to award attorneys' fees to a
prevailing party. Judgment upon the award rendered
by the Arburator(s) may be enUred in any' courl
havingjurisdiction thereof. .
The law of the situs of the ]and shall apply to an
arbitration under the Title Insurance Arbitration Ru]es.
, A copy of the Rules may be obtained from the
Company upon request.
15. LIABILITY liMITED TO THIS POUCY;
POUCY ENTIRE CONTRACf.
(a) This policy together with all endorsements, if
any, allached hereto by the Company is the eiltire policy
and contrad between the insured and the Company. In
interpreting any provision of Ihis policy, tbts policy
shall be construed as a whole. '
(b) Any claim of loss or damage, whether or not
based on' negligence, and which arises out of the status
of the tit]e to the estate or interest covered hereby or by
any, action asserting such claim, shall be restricted to
this policy. '
(c) No amendment of or endorsement to this
policy can be made except by a writil)g endorsed hereon
or allachedhereto signed by either the President, a Vice
President, the Secretary, an Assistant Secrelary, or
yalidating officer or authorized signatory of the
Company. ,
-'
and which might cause loss or damage for which the
CoinJl8.ny may be liable by virtue of tllis P9licy., or (iii)
.. i5 tilleto the eslate or interest, as insured, is rejected as
unmarketable. If prompt notice shall not be given to the
Company, then as to the insured all liability of the
Company shall terminate with regard 10 the matter or
mailers for which prompt notice IS required; provided,
however, that failure to notify the Company shall in no
case prejudice the rights of any insured under this policy
unless lhe Company shall be prejudiced by the failure
and then onl'[ to the extent of th~rejudice.
4. DEFENSE AND PROSECUllON OF ACTIONSl
DUTY OF INSURED ClAIMANT Tv
COOPERATE.
(a) Upon wrillen request by the insured and subject to
the opllons contained in Section 6 of these Conditions
and. Stip!llations, the Company, at its own cost and
without unreasonable delay, shall provide for the
defense of an insured in lilJgation in which any third
party asserts a claim adverse to the title or interest as
Insured, .'but only as to those stated causes of action
alleging a, defect, lien or encumbrance or other mailer
insureaagainst by this policy. The Company shall have
the right to select counsel of its choice (subject to the
right of .the insured to object for reasonable cause) to
represent ,the insured as to those stated causes of action
and' shall not be liable for and will not pay the fees of
any other counsel. The Company will not pay any fees,
'costs or.expenses'incurred by the insured in the cfefense
of those' causes of action which allege mailers not
insured' against by this policy. .
(b) The Company shall have the right, at its own cost,
to Institute and pro~cut~ apy aC!i,!n or proceeding or to
. do any.;other act which In IlS opinIOn may be necessary
or ~esiril~le to establish the title to the estate or interest,
as msured, or to prevent or reduCe loss or. damage to the
insured. The Company may take any appropriate action
under the terms of this (X!hcy, whether or not it shall be
liable hereunder, and sliall not thereby concede liability
or waive any provision of this ROlicy. If the Company
shall 'exercise Its rights under tliis paragraph, it shall do
so dill&ently.
(c) Whenever Ihe Company shall have brought an
actIon or' interposed a defense as required or, permiued
by 'the',pro,,:i~on.s of this policy, .the. Company may
pursue any hllBallon to final determinatIon by a court of
competent junsdiction and expressly reserves the right,'
jn .ils. . sole discretion, to appeal from any adverse,
JUd~ent or order. '
( In all cases where Ihis policy pc:rmits or requires
the ,ompany 10 prosecute or proVIde for the defense of
any action or proceeding, the Insured shall secure to ,the
Company lhe right to so prosecule or provide defense in
the,a!=tion or proceeding; and' a.1I ap~als therein, and
llCrmlt'the Company to use, at lis option, the name of
Iheinsured for this purpose. Whenever requested by the
Company the insured, at the Comp,anis expense. shall
give'lhe,.&mpany all reasonable aId {IJ. in, any action ,or
proCeeding, securing evidence, obtaining witnesses,
PJ:osecuting or defending the action or proceeding, or
effecting selllement, and (in in any other lawful act
which in the opinion of the Company may,be necessary
, or desirable to establish the title to the estate or interest
as insured. If the Company is prejudiced by the failure
of the insured to furnish the required cooperation, the
Company~s obligations to the insured under the policy
shall:terminate, mcluding any liability or obligallon io
defend, 'prosecute, or contmue any litigation, with
regard !o the matter or matters requiring such
CO()perallon. '
5. PROOF OF LOss OR DAMAGL
In'aildilion to and after the notices. required under
Section. 3 . of these Conditions and Stipulations have
been,'proYlded the Company, a proof of loss or damage
signed, and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the
insured claimant shall ascertain .the facts glving,rise to
" the 'loss~or damage. The proof of loss or i1amage shall
describe the defect in, or lien or encumbrance on the
title;' or other matter insured against by this policy which
constitutes the basis of loss. or damage and shall state, to
the. extent possible, the basis of calculating the amount
of the loss or damage. If the Company is prejudiced by
the' failure of the insured claimant to provide the
required. proof of loss or damage, the Company's
obligations to the insured under the policy shall
. 'termmate, including any liability or obligation to
defend, prosecute, or continue any Iitigallon, with
regard to the matter or mallers reqUIring. such proof of
loss or damage. .
In'addition, the insured claimant may reasonably be
required to submit to examination under oath by any
authorized represenlalive of the Company and shall
produce ior examination inspection and copying, at
such ,reasonable times and places as may be designated
by any authorized representative of the Company, all
records, books, ledgeIS, checks, correspondence and
memoJ'!lnda, w~ether bearing a date I1efore or aCler Date
of.: Policy; which reasona6ly 'pertalO 10 the loss or
damage. Further if requested by ,'any authorized
representative of the Compan):', the insured claimant
shall grant its permission, in wnting, for any authorized
represenlative of the Company to examine, inspect and
cop'y,:all .records, books, ledgers checks, corresQOndence
arid, memoranda, in the custOdy or control of a third
party, which reasonably pertain to the loss or damage.
. (ii) the difference between the value of the insured
estate or interest as insured and the value of.the insured
estate or interest subject to the defect, lien or
encumbrance insured against by this policy.
(b) (This paragraph dealing with Coinsurance was
removedJrom Florida policiesJ
(c) The Company will pay only those costs,
attorneys' fees and expenses incurred in accordance with
Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists .of two or
more parcels which are not used as a single site, and a
loss is established affecting one or more of the parcels
but not all, the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this
policy was divided pro rata as to the value on Date of
,Policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed
upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by
an express statement or by an endorsement attached' to
this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes
the alleged defect, lien or encumbrance, or cures the
lackof aright of access to or from the land, or cures the
claim of unmarketability of title, all as insured,in a
reasonably diligent manner by any method, including
litigation and the. completion of anr appeals therefrom,
it shall have fully performed its obhgations with respect
to. that matter and shall not be liable for any loss or
damage caused thereby. '
(b) In the event of any litigation, including litigation
by the Company or with the Company's consent, the
Company shall have no liability for loss or damage until
the~ has be~n a final determination by a court of
competent jurisdiction, and disposition, of all appeals
therefrom, adverse .10 ,the title as Insured.
(c) ,The Company shall not be liable for loss or
damage to any insured for liability voluntarily assumed
by the insured in settling any claIm or suit, without the
prior wrillen consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION
OR TERMINATION OF LIABILITY.
All payments under this policy, except payments
made for costs, attorneys' fees and expenses, shall
reduce the amount of the IOsurance pro tanto. .
11. LIABILITY NONCUMULATIVL
. It is expressly understood that the amouni of
insurance under this policy shall be reduced by any
amount the Company may pay under any policy
insuring a mortgage to which exception is taken in
Schedule B or 10 which the insured has agreed,
assumed, or taken subj~, or which is hereafter
executed by an.insured and which is a charge or lien on
lhe estate or interest described or referred to in Schedule
A, and the amount so paid shall, be deemed a payment
under this policy to the insured owner. ' ,
12. PAYMENT OF LOSS. '
(a) No payment shall be made without producing
this, policy for 'endorsement of the payment unless the
policy has been lost or destroyed, in which case proof of
loss or destruction shall be furnished to the satisfaction
of the Company. .
(b) When liability and the extent of loss or damage
has been definilely fixed in accordance with these
Conditions and Stipulations, Ihe loss or damage shall be
payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR
SEITLEMENT.
(a) The Comoanv's Ri~ht of SubrOQation.
Whenever the Company shall have settled and paid a
claim under this policy, all right of subrogation shall
vest in the Company, unaffected by any act of the
insured claimant.
The Company shall be subrogated to and be entitled
10 all rights and remedies which the insured claimant
would have had against any peISon or property in
respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall
transfer to the Company all rights and remedies against
any. person or property necessary in order to perfect this
right of subrogat,ion. ,The insured claimant shall permit
the Company to sue, compromise or sellle in the name
of the insured claimant and to use the name of the
insured claimant in any transaction or litigation
involving these rights or remedies.
If a payment on aCCOl!nt of a claim does not fully
cover the loss of the insured claimant, the Company
shall be subrogated to these rights and remedies in the
proportion which the Company's payment beaIS ,to the
whole amount of the loss.
16. SEVERABILITY.
'In the event any provision of the policy is held
invalid or unenforceable' under applicable law, ihe
policy shall be deemed nOlto include Ihat provision and
all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT. ,
All notices required to be given the Company and
any statement in writing required to be furnished the
Company shall' include the number of this policy and
shall be addressed to the Company, AlIention: Claims
Depanment, 1 First American Way, Santa :Ana,
California 92707.
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City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 8 of 8
"E" Planning Analysis
lD
MIAMI BEACH
PLANNING DEPARTMENT
MEMORANDUM
TO: Fred Beckmann, Public Works Director
FROM, Jorge Gomez, Planning Director rIJt-
DATE: April 4, 2007
SUBJECT: Analysis of Proposed Alley Vacation - 111 Lincoln Road
Fred:
Pursuant to your request, this memorandum will serve as an analysis of the proposed vacation
of portion of alley on Alton Court in exchange for a larger portion of land adjacent to N. Lincoln
Lane to be dedicated by for City ROW purposes.
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or lease
of City-owned land be analyzed from a planning perspective so that the City Commission and
the .public are fully appraised of all conditions relating to the proposed sale or lease. The
following is an analysis of the criteria delineated in the Code:
1. Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city comprehensive plan.
Consistent - The property being vacated by the City is within the CD-2 Commercial
Medium Intensity future land use category, and the property being given back to the City
is within the CD-3 Commercial High Intensity future land use category. The vacation and
exchange is consistent with the future land use category description contained in the
Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further evaluation of
traffic impact is needed, the proponent shall be responsible for obtaining a traffic
impact analysis from a reputable traffic engineer.
Consistent - No negative impact is anticipated by the proposal, as the result will be an
improvement in traffic circulation in the alleyway. There would be no diminution of open
space as no new construction is being proposed. No additional utility or infrastructure is
expected to be necessary.
3. A determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the city's revenue base,
creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
RESOLUTION NO. 2007-26521
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A FIRST READING
OF THIS RESOLUTION, APPROVING THE VACATION OF A
PORTION OF AN ALLEY, CONTAINING APPROXIMATELY 14
SQUARE FEET AND LOCATED ADJACENT TO THE PROPERTY
LOCATED AT 1665 ALTON ROAD (SAID PROPERTY LEGALLY
DESCRIBED AS LOT 20, BLOCK 39), IN FAVOR OF THE APPLICANTS
AND ADJACENT PROPERTY OWNERS, MBEACHl, LLLP AND
MBEACH3, LLC (WHOSE AFFILIATE, UIA MANAGEMENT, LLC, IS
THE DEVELOPER UNDER A DEVELOPMENT AGREEMENT WITH
THE CITY OF MIAMI BEACH, FLORIDA, WHICH WAS APPROVED
PURSUANT TO RESOLUTION NO. 2007-26494); SAID VACATION IN
EXCHANGE FOR THE APPLICANTS' CONVEYANCE/DEDICATION,
FOR RIGHT OF WAY PURPOSES, OF APPROXIMATELY 180 SQUARE
FEET OF A PORTION OF THE PROPERTY OWNED BY THE
APPLICANTS (WITHIN THE PROPERTY LEGALLY DESCRIBED AS
LOT 7, BLOCK 39); WAIVING, BY 5/7THS VOTE, THE COMPETITIVE
BIDDING AND APPRAISAL REQUIREMENTS, AS PROVIDED IN
SECTION 82-39 OF THE CITY CODE, FINDING SUCH WAIVER TO BE
IN THE BEST INTEREST OF THE CITY; WAIVING, AS REQUESTED
BY APPLICANTS, THE VACATION APPLICATION FEE, IN THE
AMOUNT OF $5000.00; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE ANY AND ALL AGREEMENTS AND/OR
INSTRUMENTS, AS NECESSARY, TO EFFECTUATE THE SUBJECT
VACATION; AND FURTHER PROVIDING FOR SETTING OF A
PUBLIC HEARING, TO BE HELD CONCURRENT WITH SECOND AND
FINAL READING OF THIS RESOLUTION, AT THE CITY
COMMISSION MEETING ON MAY 9, 2007.
WHEREAS, MBeach1, LLLP, a Delaware limited liability limited partnership,
authorized to transact business in Florida as MBeach1, LLLP, Ltd. ("MBeach1 ") is the owner of
certain land located at 1111 Lincoln Road, Miami Beach, Florida (the "MBeach1 Property"); and
WHEREAS, MBeach3, LLC, a Delaware limited liability company ("MBeach3") is the
owner of certain land adjacent to the MBeach1 Property, located at 1665 Alton Road, Miami
Beach, (the "MBeach3 Property", and together with the MBeach1 Property, the "1111 Lincoln
Road Property").
WHEREAS, the Design Review Board of the City approved the renovation of the
existing office building located on the MBeach1 Property and the construction of a new two
story mixed-use building on the MBeach3 Property and a new seven story mixed-use parking
structure on the MBeach1 Property (collectively, the "1111 Lincoln Project"), pursuant to an
Order dated February 7,2006, under DRB File No. 19018 (the "DRB Order").
Agenda Item
Date
R7D
q-1/ -07
WHEREAS, The Board of Adjustment of the City approved the 1111 Lincoln Project
pursuant to an Order dated March 3, 2006, under File No. 3178 (the "BOA Order"); and
WHEREAS, a condition under each of the DRB Order and the BOA Order, the owner of
the 1111 Lincoln Road Property was required to enter into discussions with the City to explore
the possibility of closing the block of Lincoln Road between Lenox Avenue and Alton Road to
vehicular traffic and extending the Lincoln Road pedestrian mall west to Alton Road; and
WHEREAS, to that end, the City and UIA Management, LLC, a Delaware limited
liability company ("UIA"), an affiliate of MBeach1 and MBeach3, have entered into a
Development Agreement providing for UIA to design and construct a new pedestrian mall and
the closure of Lincoln Road, from Lenox Avenue to Alton Road, along with sidewalk and other
improvements along Alton Road, Lenox Avenue and Lincoln Lane (the "Lincoln Road Project");
said Development Agreement was approved on Second and Final Reading, on March 14, 2007,
pursuant to Resolution No. 2007-26494; and
WHEREAS, in order to facilitate the construction pursuant to the Development
Agreement, the City agreed to grant to MBeach1 and MBeach 3 certain easements and/or right-
of-way permits for the construction and future maintenance of both the Lincoln Road Project and
1111 Lincoln Project, and
WHEREAS, as a component of the requested easements MBeach1 and MBeach3
(hereinafter referred to as the "Applicants") are requesting the vacation of a portion of an alley;
and
WHEREAS, specifically, the Applicants have applied for the vacation of approximately
fourteen (14) square feet of a portion of an alley located adjacent to the MBeach3 Property (said
property legally described as Lot 20, Block 39), as depicted in the attached Exhibit "A"; and
WHEREAS, in exchange for the vacation of the portion of the aforestated alley, the
Applicants shall convey/dedicate approximately 180 square feet of their property (within the
property legally described as Lot 7, Block 39), to the City, for right-of-way purposes, as depicted
in the attached Exhibit "B"; and
WHEREAS, the City's Public Works Department has received and reviewed the
Applicants' application for request for vacation of the alley, as required by, and in accordance
with, the City's Requirements for Vacation of Alleys, Easements and City Rights-of-Way; and
WHEREAS, following review of the application, the Administration finds that an
extraordinary public benefit would be served by granting the vacation; which will allow the
development of construction of the 1111 Lincoln Road Project to move forward; which Project
would provide improved public pedestrian areas on Lincoln Road; and
WHEREAS, the proposed vacation also requires compliance with the provisions of
Sections 82-36 through 82-40 of the City Code; and
WHEREAS, as required pursuant to Section 82-38 of the City Code, a Planning
Department Analysis has been prepared regarding the subject vacation request, and is attached as
Exhibit "C" hereto; and
WHEREAS, additionally, as permitted by Section 82-39 of the City Code, the
Administration would recommend that the Mayor and City Commission waive, by 517ths vote,
the competitive bidding and appraisal requirements, finding such waiver to be in the best interest
of the City; and
WHEREAS, as required by Section 82-37 of the City Code, the Administration would
recommend that a duly noticed public hearing be set for the City Commission meeting of May 9,
2007, to hear public comment regarding the proposed alley vacation; and
WHEREAS, the Applicants are requesting that the City Commission waive the vacation
application fee in the amount of$5,000; and
WHEREAS, the Administration would recommend that the Mayor and City Commission
approve Applicants' vacation request, as set forth and subject to any and all conditions in this
Resolution, and that Second and Final Reading of this Resolution be scheduled for the City
Commission meeting on May 9,2007.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission, following First Reading of this Resolution, hereby approve and authorize the
vacation of a portion of an alley containing approximately 14 square feet and located adjacent to
the property located at 1665 Alton Road (said property legally described as Lot 20, Block 39), in
favor of the Applicants and adjacent property owners, MBeachl and MBeach3 (whose affiliate,
UIA is the Developer of the Lincoln Road Project); said vacation in exchange for the Applicants'
conveyance/dedication, for right-of-way purposes, of approximately 180 square feet of a portion
of the property owned by the Applicants (within the property legally described as Lot 7, Block
39); waiving, by 517ths vote, the competitive bidding and appraisal requirements, as provided in
Section 82-39 of the City Code, finding such waiver to be in the best interest of the City;
waiving, as requested by Applicants, the vacation application fee, in the amount of $5,000.00;
authorizing the Mayor and City Clerk to execute any and all agreements and/or instruments, as
necessary, to effectuate the subject vacation; and further providing for setting of a public hearing,
to be held concurrent with Second and Final Reading of this Resolution, g,tlhe CitM Commission
meeting on May 9,2007. / i
PASSED and ADOPTED this ~ day of April
ATTEST:
~Lf~d~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~ V/~h;?
City Attomey.~.x . Date
J\ '\)
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida following a duly
noticed Public Hearing to hear public comment regarding the vacation of approximately 14 square
feet of an alley, adjacent to the proposed 1111 Lincoln Road project, in favor of MBeach1, LLLP and
MBeach 3, LLC (the Applicants and Developer of 1111 Lincoln Road project); in exchange for
a roximatel 180 s uare feet of the develo er's ro ert to be dedicated for Ri ht-of-Wa ur oses.
Ke Intended Outcome Su orted:
Increase satisfaction with development and growth management across the City
Issue:
Shall the Mayor and City Commission approve the Resolution?
Item Summary/Recommendation:
Since November 2006, the Administration has been in discussions with the developer of the 1111 Lincoln
Road property. The discussions have resulted in the completion of a Development Agreement between
the City and the Developer for the construction of a pedestrian plaza with water features on Lincoln Road
from Lennox Avenue to Alton Road. As part of this Development Agreement, the Developer had
requested an Easement Agreement with multiple elements. One of the elements requires the vacation of
a portion of an alley which under City Code Section 82-36 through 82-40 must be approved by the City
Commission.
The Applicants have requested the City Commission to consider an application for vacating a portion of
the alley located on Alton Court in exchange for 180 square feet of a portion of the private parking lot
adjacent to north Lincoln Lane. The vacation of the approximately 14 square feet of the alley is required
to permit a second floor overhang over the existing public Right-of-Way. There will be no building or
structures in this proposed vacated area; it will be only used for the new bank drive-thru facilities. The
Public Works Department has received and reviewed the Developer's/Applicant's request for vacation of
the alley and has determined that the Applicants meet the criteria pursuant to the City Code; which also
requires the Mayor and City Commission to hold a public hearing to hear public comment for the
aforestated request for vacation.
The Administration views the vacation exchange to be of extraordinary public benefit and therefore
recommends waiving by 5/ih vote the competitive bidding and appraisal requirements and waiving the
vacation application fee in the amount of $5000.
The Administration recommends approval on First Reading and scheduling a Second Reading and
Public Hearing on May 9,2007.
Advisory Board Recommendation:
I None
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
Si n-Offs:
Department Director
Assistant City Manager
RCM
City Manager
in
...,.
MIAMI BrEACH
AGENDA ITEM
DATE
lD
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~ .IN..G~
DATE: April 11, 2007
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE VACATION OF A PORTION OF AN ALLEY,
CONTAINING APPROXIMATELY 14 SQUARE FEET AND LOCATED ADJACENT
TO THE PROPERTY LOCATED AT 1111 LINCOLN ROAD (SAID
PROPERTY LEGALLY DESCRIBED AS LOT 20, BLOCK 39), IN FAVOR OF THE
APPLICANTS AND ADJACENT PROPERTY OWNERS, MBEACH 1, LLLP AND
MBEACH 3, LLC (AS THE DEVELOPER OF THE 1111 LINCOLN ROAD PROJECT)
SAID VACATION IN EXCHANGE FOR THE APPLICANTS'
CONVEYANCE/DEDICATION, FOR RIGHT OF WAY PURPOSES, OF
APPROXIMATELY 180 SQUARE FEET OF A PORTION OF THE PROPERTY
OWNED BY THE DEVELOPER (WITHIN THE PROPERTY LEGALLY DESCRIBED
AS LOT 7, BLOCK 39); PROVIDED THAT THE SUBJECT VACATION IS FURTHER
SUBJECT TO AND CONDITIONED UPON THE APPLICANTS' COMPLIANCE WITH
AND SATISFACTION OF THE CONDITIONS SET FORTH IN THIS RESOLUTION;
WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS, AS PROVIDED IN SECTION 82-39 OF THE CITY CODE,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; WAIVING,
AS REQUESTED BY APPLICANTS, THE VACATION APPLICATION FEE, IN THE
AMOUNT OF $5000.00; AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ANY AND ALL AGREEMENTS AND/OR INSTRUMENTS, AS
NECESSARY, TO EFFECTUATE THE SUBJECT VACATION.
ADMINISTRATION RECOMMENDATION
Approve on First Reading and schedule a Second Reading and Public Hearing on May 9,
2007.
ANALYSIS
Since November 2006, the Administration has been in discussions with the developer of the
1111 Lincoln Road property. The discussions have resulted in the completion of a Development
Agreement between the City and the Developer for the construction of a pedestrian plaza with
water features on Lincoln Road from Lennox Avenue to Alton Road. As part of this
Development Agreement, the Developer had requested an Easement Agreement with multiple
elements. One of the elements requires the vacation of a portion of an alley which under City
Code Section 82-36 through 82-40 must be approved by the City Commission.
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11,2007
Page 2 of 8
MBeach 1, LLLP and MBeach 3, LLC (as the Developer of the 1111 Lincoln Road Project and the
Applicants for the vacation) have applied for the vacation of approximately 14 square feet of a
portion of an alley located adjacent to the 1111 Lincoln Road Project (said property legally
described as lot 20, block 39) as depicted in the attached Attachment "A". In exchange for the
vacation of the portion of the public Right-of Way the Applicants have offered to convey/ dedicate
approximately 180 square feet of his own property (within the property legally described as lot 7,
block 39) for Right-of Way purposes, as depicted in the attached Attachment "B". The vacation of
the approximately 14 square feet of the alley is required to permit a second floor overhang over
the existing public Right-of-Way. There will be no building or structures in this proposed vacated
area; it will be only used for the new bank drive-thru facilities. Attachment "C" is a site plan
showing the portion of the alley to be vacated and the portion of the Applicant's property being
dedicated for public purposes. Attachment "0" is the Opinion of Title included as a supporting
document for the application.
The Applicants have complied with the requirements as set forth in City Code Chapter 82 Article
II Section 82-37 for Requesting the Vacation of a City Right-Of Way, which requires that the
Mayor and the City Commission set a duly noticed public hearing, to hear public comment
regarding the proposed alley vacation, and to accept a dedication of a portion of the Applicants'
property in exchange for a portion of the vacated alley.
As required by Section 82-38 of the City Code, a Planning Department Analysis has been
prepared with regards to the proposed alley vacation; said analysis is attached and incorporated
as Attachment "E". In addition, the Administration's review of the seven criteria elements for
vacating City property/granting revocable permit is provided below:
1. That the applicant's need is substantial. Satisfied.
2. That the applicant holds title to an abutting property. Satisfied.
3. That the proposed improvements comply with applicable codes, ordinances, regulations,
neighborhood plans and laws. Satisfied. The Developer's improvements with the
construction of the 1111 Lincoln Road Project which include a parking garage, a new
bank building and the redevelopment of the existing bank building will be built in
accordance of all the applicable City Codes, ordinances, regulations, neighborhood plans
and laws.
4. That the grant of such application will have no adverse effect on governmental/utility
easements and uses on the property. Satisfied.
5. Alternatively:
a) That an unnecessary hardship exists that deprives the applicant of a
reasonable use of the land, structure or building for which vacation is sought,
arising out of special circumstances and conditions that exist and were not
self-created and are peculiar to the land, structures or building involved and
are not generally applicable to other lands, structures or buildings in the
same zoning district and the grant of the application is the minimum that will
allow reasonable use of the land, structures or building. Satisfied.
That the grant of the vacation will enhance the neighborhood and/or
community by such amenities as, for example, enhanced landscaping,
improved drainage, improved lighting, and improved security. Satisfied.
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11,2007
Page 3 of 8
6. That granting the vacation requested will not confer on the applicant any special
privilege that is denied to other owner of land, structures or buildings subject to similar
conditions. Satisfied.
7. That granting the vacation will not be injurious to the surrounding properties, the
neighborhood, or otherwise detrimental to the public welfare. Satisfied.
The proposed vacation of a portion of an alley containing approximately 14 square feet of land
and located adjacent to Lot 20, Block 39 in favor of MBeach3, LLC, in return for the dedication to
the City of Miami Beach by MBeach1, LLLP, Ltd., an affiliate of MBeach3, LLC (MBeach3, LLC
and MBeach1, LLLP, Ltd. are collectively, "Developer"), of approximately 180 square feet of land
located adjacent to Lot 7, Block 39 for right-of-way purposes is in the best interest of the public's
general welfare for the following reasons:
1) As a result of the Vacation and the Dedication, the City is gaining 180 square feet of land in
return for 14 square feet of land being vacated in favor of Developer.
2) As a result of the project being developed by Developer at 1111 Lincoln Road (the "Project"),
Developer will be increasing the safety of both pedestrians and drivers.
3) The Dedication and the Vacation will enable Developer to create an access area for fire trucks.
4) The Dedication and the Vacation will enable Developer and the City to improve the flow of
traffic along alleyways adjacent to the Project and throughout the Project area.
5) The Dedication will create an adequate turning radius for trucks and emergency vehicles in an
area where there is a very inadequate turning radius today.
6) The Vacation is occurring in a location where the alley adjacent to the Project is being closed
to vehicular traffic and therefore the portion of the right-of-way being vacated is no longer
necessary for the City because it was a radius return and there will no longer be vehicles turning
in that area.
7) As part of the Project, Developer is constructing a parking garage at the corner of Alton Road
and Lincoln Road that will provide approximately 260 additional parking spaces in one of Miami
Beach's busiest locations.
8) The Project is of extraordinary public benefit.
In addition, the Administration recommends waiving by 5/7ths vote, the competitive bidding and
appraisal requirements, as provided in Section 82-39 of the City Code, finding such waiver to be
in the best interest of the City; waiving, as requested by Applicants, the vacation application fee,
in the amount of $5000.00; and authorizing the Mayor and City Clerk to execute any and all
agreements and/or instruments, as necessary, to effectuate the subject vacation.
Attachments:
"A" Legal Description and Survey Sketch of Proposed Vacation
"B" Legal Description and Survey Sketch of Property to Be Dedicated for Public Purpose
"C" Site Plan
"D" Opinion of Title
"E" Planning Analysis
T:\AGENDA\2007\apr1107\Regular\1111 Lincoln Road Vacation MEMO.doc
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 4 of 8
"A" Legal Description and Survey Sketch of Proposed Vacation
COUSINS SURVEYORS & ASSOCIATES, INC, (PROJECT NUMBER: 5085-04 )
~. 3921 . SW 47TH AVENUE, SUITE 1011 CLIENT :
DAVIE, FLORIDA 33314 B HI L LP
CERTIFICATE OF AUTHORIZATION : LB # 6448 . M EAC . L
.. PHONE (954) 680-9885 FAX (954) 680-0213
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION :
A PORTION OF THE ALLEY LYING ADJACENT TO LOT 20, BLOCK 39,
"COMMERCIAL SUBDIVISION, FIRST ADDITION", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 6, AT PAGE 30 OF THE PUBLIC
RECORDS OF MIAMI/DADE COUNTY, FLORIDA,. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT. 20:
THENCE SOUTH 00'48'26" EAST ALONG THE EAST LINE OF SAID LOT 20, >A
DISTANCE OF 22.01 FEET TO THE POINT OF BEGINNING:
THENCE CONTINUE SOUTH 00.48'26" EAST ON THE SOUTHERLY EXTENSION OF
SAID LOT 20, A DISTANCE OF 7.99 FEET;
THENCE SOUTH 89'08'55" WEST. ALONG THE EASTERLY EXTENSION OF SAID
LOT 20, A DISTANCE OF 7.99 FEET TO A POINT ON A TANGENT CURVE;
CONCAVE TO THE NORTHWEST:
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS
OF 8.00 FEET, A CENTRAL ANGLE OF 89'57'21" AND AN ARC DISTANCE OF
12.56 FEET TO THE POINT OF BEGINNING.
SAID LAND. SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH,
MIAMI/DADE COUNTY, FLORIDA; CONTAINING 14 SQUARE FEET, MORE OR LESS.
~
1. NOT VAllO WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER. .
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF .RECORO.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS' PREPARED BY THE SURVEYOR.
. 5. BEARINGS SHOWN HEREON ARE ASSUMED. THE SOUTH LINE OF LOT 20, BLOCK 39
"COMMERCIAL SUBDIVISION, FIRST ADDITION", P.B. 6, PG. 3D, M/D.C.R.
SAID LINE BEARS S89'08'55.W.
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF
AS PREPARED UNDER MY DIRECTION IN MARCH, 2007. I FURTHER CERTIFY THAT THIS
"LAND DESCRIPTION AND SKETCH" MEETS THE MINIMUM TECHNICAL STANDARDS
FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 61G17 OF
THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA
STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
. fOR THE FIRM, BY: ---------------_____________________
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 41 BB
REVISIONS
lAND DESCRIPTION & SKETCH
DATE FB/PG DWN eKD
03/06/07 ----- AV REC
LAND DESCRIPTION
& SKETCH
FOR PARCEL FROM
CITY OF
MIAMI BEACH
[PROPERTY ADDRESS : )
1111 LINCOLN ROAD
(SCALE: . N/A )
( SHEET 1 OF 2 )
COUSINS SURVEYORS & ASSOCIATES, INC.
~ 3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION: LB # 6448
PHONE (954) 680-9885 FAX (954) 680-0213
(PROJECT NUMBER : 5085-04 )
I
CLIENT :
LAND DESCRIPTION AND SKETCH
MBEACH1, LLLP
$
LEGEND:
CKD CHECKED BY
OWN DRAWN BY
fB/PG fiELD BOOK AND PAGE
POB, POINT Of BEGINNING
POC POINT OF COt.lt.lENCEt.lENT
P.B. PLAT BOOK
t.l/D.C.R. t.lIAt.lI/DADE COUNTY RECORDS
A ARC DISTANCE
R RADIUS
b CENTRAL ANGLE
LOT 19
BLOCK 39
pac
NORTHEAST CORNER
LOT 20, BLOCK 39
P.B. 6, PG. 3D, M/D.C.R.
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SOUTH LINE - LOT 19
NORTH LINE - LOT 20
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" R=8.00' POB
6=89057'21 "
A= 12.56'
SOUTH LINE - LOT 20
AREA=14 SQ.FT.
589008' 55 "w
7.99'
20' ALLEY
REVISIONS
LAND DESCRIPTION 3< SKETCH
DATE 'FB PG OWN CKD
03/06/07 AV REC
LAND DESCRIPTION
& SKETCH
FOR PARCEL FROM
CITY OF
MIAMI BEACH
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(SCALE: 1"= 10' )
( SHEET 2 OF 2 )
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 5 of 8
"B" Legal Description and Survey Sketch of Property to Be Dedicated for
Public Purpose
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER
$ 3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION: LB # 6448
. .. PHONE (954) 680-9885 FAX (954) 680-0213
5085-04 )
CLIENT :
MBEACH1, LLLP
LAND DESCRIPTION AND .SKETCH
LAND DESCRIPTION :
A PORTION Of LOT 7, BLOCK 39, "PALM VIEW SUBDIVISION", ACCORDING TO
THE PLAT THEREOf, AS RECORDED IN PLAT BOOK 6, AT PAGE 29 Of THE
PUBLIC RECORDS Of MIAMI/DADE COUNTY, fLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS fOLLOWS:
BEGIN AT THE NORTHWEST CORNER Of SAID LOT 7;
THENCE SOUTH 00'48'26" EAST ALONG THE WEST LINE Of SAID LOT 7, A
DISTANCE OF 22.02 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHEAST;
THENCE SOUTHEASTERLY ALONG THE ARC Of SAID CURVE, HAVING A RADIUS
OF 8.00 FEET, A CENTRAL ANGLE Of 90.02'39" AND AN ARC DISTANCE OF
12.57 fEET; ,
THENCE NORTH 89'08'55" EAST ALONG THE SOUTH LINE OF SAID LOT 7, A .
DISTANCE OF 22.02 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHEAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A .RADIUS
OF 30.00 FEET, A CENTRAL ANGLE OF 90'02'39" AND AN ARC DISTANCE OF
47.15 FEET TO THE POINT OF BEGINNING. .
SAID LAND SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH,
MIAMI/DADE COUNTY, FLORIDA; CONTAINING 180 SQUARE FEET, MORE OR
LESS.
t!Qill;
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND. MAPPER.
2. LANDS SHOWN HEREON. WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. .
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED. THE SOUTH LINE Of" LOT 7, BLOCK 39
"PALM VIEW SUBDIVISION", P.B. 6, PG. 29, M/D.C.R. SAID LINE BEARS N89'08'5S"E.
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BWEF
AS PREPARED UNDER MY DIRECTION IN MARCH, 2007. I FURTHER CERTIFY THAT THIS
"LAND DESCRIPTION AND SKETCH" MEETS THE MINIMUM TECHNICAL STANDARDS
FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 61G17 OF
THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA
STATUTES. SUBJECT TO THE OUALIFICATIONS NOTED HEREON.
\.
FOR THE FIRM, BY: ------______________________________
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
. REVISIONS DATE FS/PG DWN CKD
LAND DESCRIPTION I< SKETCH 03/06/07 ----- AV REC LAND DESCRIPTION
& SKETCH
FOR PARCEL TO
CITY OF
MIAMI BEACH
PROPERTY ADDRESS :
1111 LINCOLN ROAD
(SCALE: N/ A )
( SHEET 1 OF 2 )
I
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SURVEYORS & ASSOCIATES, INC.
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATlON(: LB # 6448
PHONE (954) 680-9885 FAX 954) 680-0213
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REVISIONS
LAND DESCRIPTION Ie SKETCH
LAND DESCRIPTION AND SKETCH
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BLOCK 39
POB
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LOT 7, BLOCK 39
P.B. 6, PG. 29, M/D.C.R.
(PROJECT NUMBER : 5085-04 )
CLIENT
I
MBEACH 1. LLLP
LEGEND:
CKD CHECKED BY
OWN DRAWN BY
fB/PG fiELD BOOK AND PAGE
POB POINT or BEGINNING
POC POINT or COMMENCEMENT
P .B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
A ARC DISTANCE
R RADIUS
A CENTRAL ANGLE
SOUTH LINE - LOT 8
NORTH LINE - LOT 7
R=30.00'
6,,=90002'39"
A=47.15'
N89008'55"E
22.02'
LOT 7
BLOCK 39
1 80 S Q FT.
SOUTH LINE - LOT 7
20' ALLEY
DATE F8 . PC OWN eKD
03/06/07 AV REC
PROPERTY ADDRESS :
1111 LINCOLN ROAD
LAND DESCRIPTION
& SKETCH
FOR PARCEL TO
CITY OF
MIAMI BEACH
(SCALE: 1":: 10' )
( SHEET 2 OF 2 )
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 6 of 8
"e" Site Plan
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UNCOLN ROAD
CARPARK AND EXISTING OFACE BUILDING
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City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 7 of 8
"D" Opinion of Title
ITP 10/99)
ALTA Owner's Policy (10-17-92) (With Florida Modifications)
~
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First American Title Insurance Company
OWNER'S POLICY
SCHEDULE A
Agent's File No. 76134-22013
Date of Policy: March 25,2005 at 10:07:51 a.m.
Policy No. FA-35-95l247
Amount of Insurance: $42,000,000.00
1. Name of Insured: MBeach1, LLLP, a Delaware limited liability limited partnership,
authorized to transact business in Florida as :MBeach1, LLLP, Ltd.
2. The estate or interest in the land which is covered by this policy is: Fee Simple
3. Title to the estate or interest in the land is vested in:
:MBeach1,LLLP, a Delaware limited liability limited partnership, authorized to transact business
in Florida as :MBeach1, LLLP, Ltd.
4. The land referred to in this Policy is described as follows:
. Parcel 1:
Lots 1,2, 3,4, 5 and 6, Block 39, COMMERCIAL SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book 6, at Page 5, of the Public Records of Miami-Dade County, Florida.
and
Parcel 2:
Lots 7 and 8, Block 39,.PALM VIEW SUBDIVISION, according to the Plat thereof, as recorded
in Plat Book 6, at Page 29, of the Public Records of Miami-Dade County, Florida.
and
Parcel 3:
Lots 19 and 20, Block 39, COMJY.IERCIAL -SUBDIVISION, FIRST ADDITION, according to
the Plat thereof, as recorded in Plat Book 6, at Page 30, of the Public Records of Miami-Dade
County,.Florida. .
Bilzin S]..1l1lberg Baena Price & Axelrod LLP
200 South Biscayne Boulev Ite 2500
Miami, Florid 3 1 - O'
By:
St en W. Simon, E
Authorized Signatory
MIAMI 884785.1 7613422013
First American Title Insurance Company
SCHEDULE B
EXCEPTIONS FROM COVERAGE
'-./
Agent's File No. 76134-22013
Policy No. FA-35-951247
This policy does not insure against loss or damage (and the Company will not pay costs,. attorneys' fees or
, expenses) which arise by reason of: '
1. Taxes and assessments for the year 2005 and subsequent years, which are not yet due and payable.
2. Easement granted to Florida Power & Light Company, recorded July 16, 1970, in Official Records Book
6917, at Page 298.
3. Terms, provisions and conditions of that certain unrecorded lease between George Goldbloom and
Emanuel Edelstein, doing business as M.G. Investment, a Partnership, as Lessor, and Flagship First
National Bank of Miami Beach, a national bankirig association, as Lessee, as referred to in Notice of Lease
Agreement filed Nove~ber 15, 1977, in Official Re~ords Book 9859; at Page 1787. .
\
4. Order of the Board of Adjustment of the City of Miami Beach, Florida, recorded June 12, 1991, inOfficial
Records Book 15062, at Page 2803.
5. Terms, provisions and conditions of that certain unrecorded Lease between Uccello hnmobilien GmbH, a
corporation organized and existing under the laws of the Federal Republic of Germany, as Landlord, and
MTV Networks Latin America, Inc. fi'k/a MTV Latmo, Inc., a Delaware corporation, as Tenant, as referred
to in Notice of Lease Prohibition of Construction Liens recorded June 23, 1995, inOfficial Records Book
16826, at Page 1861, together with Exhibit "B" to Second Amendment to Lease, re~orded December 13, ,
1996; in Official Records Book 17459, at Page 3690.
6. Order oftheB6ard of Adjustment of the City of Miami Beach, Florida, recorded November 13, 1995, in
Official Records Book 16987, at Page 3902.
7. Terms, provisions and conditions of that certain UIlJecorded Lease between Uccello Imrnobilien GmbH, a
corporation organized and existing under the laws of the Federal Republic of Germany, as Landlord, and
IEA Acquisition Corp., a Florida corporation, as Tenant, as referred to in Notice of Lease Prohibition of
Construction Liens, recorded February 14, 2000, in Official Records Book 18984, at Page 125.
8. Rights of tenants in possession under unrecorded leases.
9. Special Assessments levied by the City of Miami Beach under account numbers CLOOl13, CLOOl16,
CL00184 and CL00185, all being paid in annual installments with the next installments for each due May
1,2005.
Declaration of Restrictive Covenants in Lieu of Unity of Title recorded March 25, 2005, in Officifa.l
Records Book 23203, at Page 4868 (as to Parcels 1 and 2 only). . .
MIAMI 884785.1 7613422013 . .
10.
11. Mortgage, Assignment of Rents, Security Agreement and Fixture Filing made by :MBeach1, LLLP, a
Delaware limited liability limited partnership, authorized to transact business in Florida as :MBeach1,
LLLP, Ltd., in favor of KeyBank National Association, dated as of March 23,2005, and recorded March
25, 2005, in Official Records Book 23203, at Page 4875, securing notes in the principal amount of
$38,500,000.00; together with:
(a) Assignment of Leases and Rents recorded March 25, 2005, in Official Records Book.
23203, at Page 4900; and
. (b) State of Florida Uniform Commercial Code Financing Statement recorded March 25,2005,
in Official Records Book 23203, at Page 4911.
. Informational Note: Notice to Lien Claimants recorded February 7,2001, in Officii Records Book 19487,
at page 1805.
Note: All of the recording information contained herein refers to the Public Records of Miami-Dade
County, Florida. .
END OF SCHEDULE B
I
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MIAMI 884785.17613422013
EXCLUSIONS FROM COVERAGE
rhe f~l1owing mailers are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, allorneys' fees or expenses which arise by
'eason of: ' ' .'
Any law, ordinance or governmental regulation (including but not limiled to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the characler, dimensions or location of any improvement now or hereafter erecled on the land; (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of
any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. ' :
Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any laking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
l. (a)
(b)
3. Defects, liens, encumbrances, adverse claims or other mailers:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and 'not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an insured under this policy; ,
(c) resulting in no loss or damage to the insured claimant; "
(d) allaching or created subsequent to Date of Policy.; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this'policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction. creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
1. DEFINITION OF TERMS.
The.followin~ terms when used in this policy mean:
(a) "insured: the insured named in Schedule A, and,
subject to any rights or defenses the Company woula
have. had against the named insured, those who succeed
to the interesl of the named insured by operation of law
as distinguished from p'urchase including, 'but not
limited 'to, heirs, distnbutees, devisees, surVivors,
persopal representatives, next of kin, or corporate or
fidUCIarY successors.
(b) "Insured claimant": an insured claiming'loss or
damage.
(c) "knowledge" or "known": actual knowledge, not
constructive knowledge or. notice which may be
imputed to an insured ,By reason of the public records as
defined in this p'olicy or any other records which impart
constructive notice of matters affecting the larid.
(d) "land": the land described or referred 10 in
Schedule (A), and improvements affixed thereto which
by I~w consutute real property. The t~rm "land" does
not mclude any property beyond the hnes of the area
~escri!>ed or referred to in Schedul~ A, no~ any right,'
tltleL, . mterest, estate or easement m abuttmgstreets,
roa..... 'avenues, alleys, lanes, ways or waterways, but
nothing herein shall modify or limit the extent to which
a right of access 10. and from the land is insured by this
pohg," ,
(e)' .mortg~ge:': mortgage, deed of trust, trust deed,
or other secunty mstrument.
(f) "public records": records established under state
statiltes.a~ Date .of Policy for the purpose of imparting
constructive notIce of mallers relatmg to real property'to
purchasers for value and without lmowledge. With
respect '10 Section l(aXiv) of the ExclUSIons From
Coverage, "public recoitls" shall also include
environmental protection liens filed in the records of the
clerk of the Untted States district court for the district in
which the land is located. ' ,
(g) "unmarketability of the title": an alleged or
apparent .matter affectin,g the, title to the land, not
exclildedor excepted nom coverage, which would
entitle:a purchaser of the estate or interest described in
Schedule A to be released from the obligation to
purchase by virtue of a contractual condition requiring
the delivel)'-9f marketable title.
2. CONTINUATION OF INSURANCE AFI"ER
CONVEYANCEOFTIITU&
The coverage of this poli~ shall conlinue in force as of
Dale of Policy in favor of an insured only so long as the
insured retains an estate or interest in the land, or holds
an indebtedness secured by a purchase money mortgage
given by a purchaser from the insured, or only so long
as the insured shall have liability by reason of covenants
of warranty made by the insured in any transfer or
conveyance of the estate or lnleresl. This policy shall
not continue in force in favor of any purchaser from the
ill.sured ,?f either (i) an estate or interest in the land, or
(II) anm~ebtedness .secured by a purchase money
mortg!l.&e -IDven to the Insured.
3. NOTlCE OF ClAIM TO BE GIVEN BY
INSURED ClAIMANT.
T~e 'if!Sl!red shan noti~y. th~ Company' prC?mptly. in
wnung (1) In c:ase. of any 'hugahon as set forth In Sechon
4(a) oelow, (Ii) m case kriowledg,eshall 'come to an
insured hereunder of any claim of tltle,or interest which
is adverse to the title to the estate or interest, as insured,
CONDITIONS AND STIPULATIONS
All information designated as confidential by the
insured claimant provided to the Company pursuant to
this Section shall not be disclosed to others' unless, in
lhe reasonable judgment of the Company, il is necessary
in the administration of the claim. Failure oUhe insured
claimant to submit for examination under oliih, produce
other reasonably requested infonnation or grant
permission to secure reasonably necessary infonnation
from third parties as required in this paragraph shall
tenninate any liability of the Company under thIS policy
as to that clalm.
6. OPTIONS TO PAYOR OTHERWISE SETTLE
ClAIMS' TERMINATION OF LlABIUTY.
In case of a claim under this,policy, the Company
shall have the following additional options:
(a) To Payor Tenoer Payment of the Amount of
lrisurance. .
(i) To payor tender payment of the amount of
insurance under this policy together with any costs,
attorneys' fees, and expenses incurred by the insured
claimant, which were authorized by the Company, up to
the time of payment or tender of payment and which the
Compa~x is obligated to pay: .
, (II) Upon the exercise by the Company of thIS
option, all liability and obligations to the insured under
thiS policy, other than to make the payment rell.uired,
shall terminate, including any liability or obiligahon to
defend, prosecute, 'or continue any litigation, and the
policy shall be surrendered to the Company for
cancellation. '
(b) To Pavor Otherwise Settle With Parties Other
than the I nsured or With the Insured Claimanl.
, (j) to payor otherwise settle with other parties for
or in tbe name of an insured claimant any claIm insured
against under this policy, to~ether with any costs,
attorneys' fees, and expenses Incurred by the insured
claimant which were authorized by the Company up to
the ,time of payment and which the Company is
obligated to pay; or .
(ii) to payor otherwise settle with the insured
claimant the loss or damage provided for under this
policy, logether with any costs, attorneys' fees, and
expenses Incurred by the insured claimant which were
authorized by the Company up to the time of payment
and which the Company is obhgated to pal'
Upon the exercise by the Company 0 either of the
options provided for 10 paragraphs (b )(i) or (ii), the
Company's obligations to the Insured unaer this policy
for the claimed loss or damage, other than the payments
required to be made, shall tenninate, including any
liability or obligation to defend, prosecute or continue
any Iiugation.
7. DETERMINATION).. EXTENT OF LlABIUTY
AND COINSURANt;E.
This policy is a contract of indemnity against actual
monetary loss or damage suslained or incurred by the
insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only'
to the extent herein described.
(a) The liability ,of the Company under.this policy
shall not exceed tlie least of:
(i) the Amount of Insurance stated in Schedule A;
or,
If loss should result from any act of the insured
claimant, as stated above, that act shall not void Ihis
policy, but the Company, in that event, shall be required
to pay only that part of any losses insured against by
this policy which shall exceed the amount, if any, lost to
the Company by reason of the impairment by the
insured claimant of the Company's right of subrol!ation:
(b) The Companv's RI2hts Al!ainst Non-Insured
~
The Company's right ,of subrogation against non-
insured obligors shall exist and shall include, without
limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds,
notwithstanding any tenns or conditions contained in
those instruments which provide for subrogation rights
by reason of this policy.
14. ARBITRATION.
Unless prohibiled by appliCllble law, arbilralWn
pUTSU4nt to the Tille Insurance ArbilralWnRules of
the AmeriClln. Arbilrotion Association may be
denul1uled if agreed to by both the Company and the
Insured. Arbitrable matters may include; but are not
limited to, "ny controversy or claim between the
Company and the Insured arising out of or relating to
this policy, and service of the Company in connection
with its issuance or the breach of a policy provision or
other obligation. Arbitrotion pumumt to this policy
and under the Rules in effect on the tlate the demand
for arbitration is nuule or, lit the option of the Insured,
the Rules in effect III Dille of Policy shaU be binding
upon the J!!U!ies. The award ma, include ,attorneys'
fees only if the laws of the sUIte In which the land is
locllted pemUt a court to award attorneys' fees to "
prev"iling P"rty. JudgmenJ upon the awtud rendered
by the Arbilrotor(s) may be enJered in any court
havingjurisdiction thereof. .
The law of the situs of the land. shall apply to an
arbilration under the Title Insurance Arbilration Rules.
A copy of the Rules may be obtained from the
Company upon request.
15. LIABILITY UMITED TO THIS POllCY;
POllCY ENTIRE CONTRACI'.
(a) This policy together with all endorsements, if
any, attached hereto by the Company is the entire policy
and contract between the insured and the Company. In
interpreting any provision of this policy, tbls policy
shall be construed as a whole. '
(b) Any claim of loss or damage, whether or nol
based on' negligence, and which arises out of the status
of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to
this policy.
(c) No amendment of or endorsement to lhis
policy can be made except by a writi1)g endorsed hereon
or atlachedhereto signed by either the President, a Vice
President, the Secretary. an Assistant Secretary, or
validating officer or authorized signatory of the
Company. ,
I
i
I
and whi,!:h might cause loss or damage for which the
Coinpa.ny may be liable by virtue of tnis polic)', or (jii)
it' tillelo the estale or interest, as insured, is rejected as
unnlarketable. If prompt notice shall not be given to the
Company, then as to the insured all liability of the
Company shall terminate with regard to the matter or
matters for which prompt nolice IS required; provided,
however, that failure 10 notify the Company snail in no
case prejudice the rights of any insured under this policy
unless the Company shall be prejudiced by the failure
and then only. to the extent of In~rejudice.
4. DEFENSE AND PROSECUTION OF ACfIONSl
DUTY OF INSURED ClAIMANT Tv
COOPERATE.
(a) Upon wrillen request by the insured and subject to
the o. 'PIlO.ns contained in Section 6 of these Conditions
and Stipulalions, the Company, at its own cost and
withoul unreasonable delay, shall provide for the
defense of an insured in Iillgation in which any third
party .asserts a claim adverse to the title or interest as
msured, 'but only as to those stated causes of actiOn
alleging a defect, lien or encumbrance or other mailer
insureaagainst by this policy. The Company shall have
the right to select counsel of its choice (subject to the
right of the insured to object for reasonable cause) to
represenllhe insured as to Ihose slated causes of action
and' shall not be liable for and will not pay the fees of
any other counsel. The Company will not pay any fees,
costs or expenses' incurred by the insured in the defense
of those causes of action which allege mailers not
insured against by this policy. .
(b) ThCCompany shall have th.e right, at its o;wn cost,
10 Inslllule and pro~cut~ a!ly aC!IC!n or proceeding or to
do anX'Olher act which In lis oplOlon may be .necessary
or desir~ble to establish the title to the estate or interest,
as insured, or to prevent or reduCe loss or. damage to the
insured. The Company may take any appropriate action
under Ihe tenns of this pohcy, whetner or not il shall be
liable hereunder, and snail not Ihereby concede liability
or waivea!!y prov.ision of Ihis p'olicy. If lhe ,Company
shall'exerclse Its nghts under tnls paragraph, II shall do
so diligenlly. .
(c) Whenever Ihe Company shall have brought an
aellonor. int~IJlosed ade'ense~s required or. permilled
by(he..pro":I~lon.s of thiS pohey, .tbe. Company may
pursue any ltllsalJOn to final determlnalJon by a court of
competent junsdietion and expressly reserves the right,
in ,its. sole discretion, to appeal from any adverse
JUd~ent or order.
( . In all cases where this policy ~rmils or requires
~heompany to prosecute or proVIde for the defense of
any action or proceeding, the Insured shall secure to .the
Company the right to so prosecute or provide defense in
the a~tion or proceeding,' and' a.1I apJl!lals therein, and
permll..the Company to use, at lis opllon, the name of
Ihe insured for this purpose. Whenever requested by the
q>mpany the insured, at the Compani~ expense" shall
glve.the,&mpany .all re~nableald {I>. I!lany a.ctlon .or
proceedmg, secunng eVidence, obtamlng witnesses,
prosecuting or defending the action or proceeding, or
effecting selllement, anil (ii) in any other lawful act
which in the opinion of the Company may:be necessary
or desirable 10 establish Ihe litle to'lhe estate or interest
as insured. If the Company is prejudiced by the failure
of the insured 10 furnish the required cooperation, the
Conip.any~s obligations to the insured under the policy
shaJltenninate, mcluding any liability or obligallon io
defend, prosecute, or contmue any litigation, with
regard !o the mailer or mailers requiring such
cooperal1on.
S. PROOF OF LOSS OR DAMAGE.
In 'addition to and after the notices. required under
Section.. 3 of these Conditions and Stipulations have
been'proyided the Company, a proof of loss or damage
signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the
insured claimanl shall ascertain .the facts gIving rise to
. the Joss.:.or damage. The proof of loss or i1amage shall
describe the defect in, or lien or encumbrance on the
title,' or other mailer insured against by this policy which
constilules the basis of Joss, or damage and shall state, to
the. extent possible, the basis of calculating the amount
of the loss or damage. If the Company is prejudiced by
the failure of the insured claimant to provide the
required. proof of loss or damage, the Company's
obligations to the insured under the policy shall
.termmate, including any liability or obligation to
defend, prosecute, or continue any litigal1on, with
regard to the mailer or mailers requiring. such proof of
loss or damage.
In addition, the insured claimant may reasonably be
required to submil to examination under oath by any
authorized representative of the Company and shall
produce -for examinationl inspection and copying, at
such reasonable times ana places as may be designated
by any authorized representative of the Company, all
records, books, ledgers, checks, correspondence and
memoT!lnda, w~ether bearing a date l!efore or after Date
of: Poltcy; which reasona6Jypertam to the loss or
damage. Further if requested by 'any authorized
representative of the Compan):', the insured claimant
shall grant its permission, in wnting, for any authorized
representative of the Company to examine, inspect and
copy"all'records, l:!ooks, ledgers checks, correspondence
anilmemoranda In the cusI;;dy or control of a third
party, which reasonably pertain to the loss or damage.
. (ii) the difference between the value of the insured
estale or interest as insured and the value of.the insured
estate or interest subject to the defect, lien or
encumbrance insured against by this policy.
(b) (This paragraph dealing with Coinsurance was
removedJrom Florida policiesJ
(c) The Company will pay only those costs,
attorneys' fees and expenses incurred in accordance with
Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists .of two or
more parcels which are not used as a single site, and a
loss .is established affecting one or more of the parcels
but not all, the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this
policy was divided pro rala as to the value on Date of
. Policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed
upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by
an express statement or by an endorsement attached to
this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company eSlablishes the title, or removes
the alleged defect, lien or encumbrance, or cures the
lack of a right of access to or from the land, or cures the
claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including
litigation and the. completion of any appeals therefrom,
it shall have fully performed its obligations with respect
to. that matter and shall not be liable for any loss or
damage caused thereby. .
(b) In the event of any litigation, including litigation
by the Company or with the Company's consent, the
Company shall have no liability for loss or damage until
there has be.en a final determinalion. by a court of
competent jurisdiction, and disposition. of all appeals
therefrom, adverse to .thetitle as Insured.
(c) The Company shall not be liable for loss or
damage to any insured for liability volunlarily assumed
by the insured in settling any claim or suil' without the
prior written consent of Ihe Company.
10. REDUCI10N OF INSURANCE; REDUCTION
OR TERMINATION OF LIABILITY.
All payments under this policy, except payments
made for cosls, attorneys' fees and expenses, shall
reduce the amount of the IDsurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of
insurance under this policy shall be reduced by .any
amount the Company may pay under any policy
insuring a mortgage to which exception is taken in
Schedule B or to which the insured has agreed,
assumed, or taken subject, or which is hereafter
executed by an.insured and which is a charge or lien on
the estate or interest described or referred to in Scbedule
A, and the ameunt so paid shall be deemed a payment
under this policy to the insured owner. .
12. PAYMENT OF LOSS. .
(a) No payment shall be made without producing
this. policy for endorsement of the payment unless the
policy has been lost or destroyed, in which case proof of
loss or destruction shall be furnished to the satisfaction
of the Company. .
(b) When liability and the extent of loss or damage
has been definitely fixed in accordance with these
Conditions and Stipulations, lhe loss or damage shall be
payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR
SE'ITLEMENT.
(a) The Comoanv's Ril1ht of Subropation
Whenever the Company shall have settled and paid a
claim under Ihis policy, all right of subrogation shall
vest in the Company. unaffected by any act of the
insured c1ainiant.
The Company shall be subrogated to and be entitled
to all rights and remedies which the insured claimant
would have had against any person or property in
respect to the claim had this policy not been issued. If
requested by Ihe Company, Ihe insured claimant shall
transfer to the Company all rights and remedies against
any person or property necessary in order to petfect this
righl of subrogal.ion. . The insured claimant shall permit
the Company to sue, compromise or settle in the name
of the insured claimant and to use the name of the
insured claimant in any transaction or litigation
involving these rights or remedies.
If a payment on acco,!nt of a claim does not fully
cover the loss of the insured claimant, the Company
shall be subrogated to these rights and remedies in tbe
proportion which the Company's payment bears to the
whole amount of the loss.
16. SEVERABIL1TY.
In the event any provision of the policy is held
invalid or unenforceable under applicable law, the
policy shall be deemed not to include that provision and
all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and
any statement in writing required to be furnished the
Company shall' include the number of this policy and
shall be addressed to the Company, Attention: Claims
Department, 1 First American Way, Santa Ana,
California 92707.
.....'
o
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 8 of 8
"E" Planning Analysis
lD
PLANNING DEPARTMENT
MEMORANDUM
TO: Fred Beckmann, Public Works Director
fROM, Jorge Gomez. Planning Director t-
DATE: April 4, 2007
SUBJECT: Analysis of Proposed Alley Vacation - 111 Lincoln Road
Fred:
Pursuant to your request, this memorandum will serve as an analysis of the proposed vacation
of portion of alley on Alton Court in exchange for a larger portion of land adjacent to N. Lincoln
Lane to be dedicated by for City ROW purposes.
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or lease
of City-owned land be analyzed from a planning perspective so that the City Commission and
the .public are fully appraised of all conditions relating to the proposed sale or lease. The
following is an analysis of the criteria delineated in the Code:
1. Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city comprehensive plan.
Consistent - The property being vacated by the City is within the CD-2 Commercial
Medium Intensity future land use category, and the property being given back to the City
is within the CD-3 Commercial High Intensity future land use category. The vacation and
exchange is consistent with the future land use category description contained in the
Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further evaluation of
traffic impact is needed, the proponent shall be responsible for obtaining a traffic
impact analysis from a reputable traffic engineer.
Consistent - No negative impact is anticipated by the proposal, as the result will be an
improvement in traffic circulation in the alleyway. There would be no diminution of open
space as no new construction is being proposed. No additional utility or infrastructure is
expected to be necessary.
3. A determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the city's revenue base,
creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
RESOLUTION NO. 2007-26521
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A FIRST READING
OF THIS RESOLUTION, APPROVING THE VACATION OF A
PORTION OF AN ALLEY, CONTAINING APPROXIMATELY 14
SQUARE FEET AND LOCATED ADJACENT TO THE PROPERTY
LOCATED AT 1665 ALTON ROAD (SAID PROPERTY LEGALLY
DESCRIBED AS LOT 20, BLOCK 39), IN FAVOR OF THE APPLICANTS
AND ADJACENT PROPERTY OWNERS, MBEACHl, LLLP AND
MBEACH3, LLC (WHOSE AFFILIATE, UIA MANAGEMENT, LLC, IS
THE DEVELOPER UNDER A DEVELOPMENT AGREEMENT WITH
THE CITY OF MIAMI BEACH, FLORIDA, WHICH WAS APPROVED
PURSUANT TO RESOLUTION NO. 2007-26494); SAID VACATION IN
EXCHANGE FOR THE APPLICANTS' CONVEYANCE/DEDICATION,
FOR RIGHT OF WAY PURPOSES, OF APPROXIMATELY 180 SQUARE
FEET OF A PORTION OF THE PROPERTY OWNED BY THE
APPLICANTS (WITHIN THE PROPERTY LEGALLY DESCRIBED AS
LOT 7, BLOCK 39); WAIVING, BY 517THS VOTE, THE COMPETITIVE
BIDDING AND APPRAISAL REQUIREMENTS, AS PROVIDED IN
SECTION 82-39 OF THE CITY CODE, FINDING SUCH WAIVER TO BE
IN THE BEST INTEREST OF THE CITY; WAIVING, AS REQUESTED
BY APPLICANTS, THE VACATION APPLICATION FEE, IN THE
AMOUNT OF $5000.00; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE ANY AND ALL AGREEMENTS AND/OR
INSTRUMENTS, AS NECESSARY, TO EFFECTUATE THE SUBJECT
VACATION; AND FURTHER PROVIDING FOR SETTING OF A
PUBLIC HEARING, TO BE HELD CONCURRENT WITH SECOND AND
FINAL READING OF THIS RESOLUTION, AT THE CITY
COMMISSION MEETING ON MAY 9, 2007.
WHEREAS, MBeach1, LLLP, a Delaware limited liability limited partnership,
authorized to transact business in Florida as MBeach1, LLLP, Ltd. ("MBeach1 ") is the owner of
certain land located at 1111 Lincoln Road, Miami Beach, Florida (the "MBeach1 Property"); and
WHEREAS, MBeach3, LLC, a Delaware limited liability company ("MBeach3") is the
owner of certain land adjacent to the MBeach1 Property, located at 1665 Alton Road, Miami
Beach, (the "MBeach3 Property", and together with the MBeach1 Property, the "1111 Lincoln
Road Property").
WHEREAS, the Design Review Board of the City approved the renovation of the
existing office building located on the MBeachl Property and the construction of a new two
story mixed-use building on the MBeach3 Property and a new seven story mixed-use parking
structure on the MBeachl Property (collectively, the "1111 Lincoln Project"), pursuant to an
Order dated February 7,2006, under DRB File No. 19018 (the "DRB Order").
Agenda Item
Date
R7D
~-1I-07
WHEREAS, The Board of Adjustment of the City approved the 1111 Lincoln Project
pursuant to an Order dated March 3, 2006, under File No. 3178 (the "BOA Order"); and
WHEREAS, a condition under each of the DRB Order and the BOA Order, the owner of
the 1111 Lincoln Road Property was required to enter into discussions with the City to explore
the possibility of closing the block of Lincoln Road between Lenox Avenue and Alton Road to
vehicular traffic and extending the Lincoln Road pedestrian mall west to Alton Road; and
WHEREAS, to that end, the City and UIA Management, LLC, a Delaware limited
liability company ("UIA"), an affiliate of MBeach1 and MBeach3, have entered into a
Development Agreement providing for UIA to design and construct a new pedestrian mall and
the closure of Lincoln Road, from Lenox Avenue to Alton Road, along with sidewalk and other
improvements along Alton Road, Lenox Avenue and Lincoln Lane (the "Lincoln Road Project");
said Development Agreement was approved on Second and Final Reading, on March 14, 2007,
pursuant to Resolution No. 2007-26494; and
WHEREAS, in order to facilitate the construction pursuant to the Development
Agreement, the City agreed to grant to MBeach1 and MBeach 3 certain easements and/or right-
of-way permits for the construction and future maintenance of both the Lincoln Road Project and
1111 Lincoln Project, and
WHEREAS, as a component of the requested easements MBeach 1 and MBeach3
(hereinafter referred to as the "Applicants") are requesting the vacation of a portion of an alley;
and
WHEREAS, specifically, the Applicants have applied for the vacation of approximately
fourteen (14) square feet of a portion of an alley located adjacent to the MBeach3 Property (said
property legally described as Lot 20, Block 39), as depicted in the attached Exhibit "A"; and
WHEREAS, in exchange for the vacation of the portion of the aforestated alley, the
Applicants shall convey/dedicate approximately 180 square feet of their property (within the
property legally described as Lot 7, Block 39), to the City, for right-of-way purposes, as depicted
in the attached Exhibit "B"; and
WHEREAS, the City's Public Works Department has received and reviewed the
Applicants' application for request for vacation of the alley, as required by, and in accordance
with, the City's Requirements for Vacation of Alleys, Easements and City Rights-of-Way; and
WHEREAS, following review of the application, the Administration finds that an
extraordinary public benefit would be served by granting the vacation; which will allow the
development of construction of the 1111 Lincoln Road Project to move forward; which Project
would provide improved public pedestrian areas on Lincoln Road; and
WHEREAS, the proposed vacation also requires compliance with the provisions of
Sections 82-36 through 82-40 of the City Code; and
WHEREAS, as required pursuant to Section 82-38 of the City Code, a Planning
Department Analysis has been prepared regarding the subject vacation request, and is attached as
Exhibit "C" hereto; and
WHEREAS, additionally, as permitted by Section 82-39 of the City Code, the
Administration would recommend that the Mayor and City Commission waive, by 5/7ths vote,
the competitive bidding and appraisal requirements, finding such waiver to be in the best interest
of the City; and
WHEREAS, as required by Section 82-37 of the City Code, the Administration would
recommend that a duly noticed public hearing be set for the City Commission meeting of May 9,
2007, to hear public comment regarding the proposed alley vacation; and
WHEREAS, the Applicants are requesting that the City Commission waive the vacation
application fee in the amount of $5,000; and
WHEREAS, the Administration would recommend that the Mayor and City Commission
approve Applicants' vacation request, as set forth and subject to any and all conditions in this
Resolution, and that Second and Final Reading of this Resolution be scheduled for the City
Commission meeting on May 9,2007.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission, following First Reading of this Resolution, hereby approve and authorize the
vacation of a portion of an alley containing approximately 14 square feet and located adjacent to
the property located at 1665 Alton Road (said property legally described as Lot 20, Block 39), in
favor of the Applicants and adjacent property owners, MBeachl and MBeach3 (whose affiliate,
UIA is the Developer of the Lincoln Road Project); said vacation in exchange for the Applicants'
conveyance/dedication, for right-of-way purposes, of approximately 180 square feet of a portion
of the property owned by the Applicants (within the property legally described as Lot 7, Block
39); waiving, by 5/7ths vote, the competitive bidding and appraisal requirements, as provided in
Section 82-39 of the City Code, finding such waiver to be in the best interest of the City;
waiving, as requested by Applicants, the vacation application fee, in the amount of $5,000.00;
authorizing the Mayor and City Clerk to execute any and all agreements and/or instruments, as
necessary, to effectuate the subject vacation; and further providing for setting of a public hearing,
to be held concurrent with Second and Final Reading of this Resolution, g,t1he Cit1Commission
meeting on May 9,2007. /' I,
. I
PASSED and ADOPTED this J:.l day of April
ATTEST:
~lf~i~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~ V{f/&l
City AllomOY~- Dale
EXHIBIT "A"
LEGAL DESCRIPTION OF PARCEL TO BE VACATED
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER: 5085-04 )
~. 3921 SW 47TH AVENUE, SUITE 1011 CLIENT:
DAVIE, FLORIDA 33314 BE CHI LLLP
CERTIFICATE OF AUTHORIZATION : LB II 6448 M A ,
PHONE (954) 680-9885 FAX (954) 680-0213
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION :
A PORTION OF THE ALLEY LYING ADJACENT TO LOT 20, BLOCK 39.
"COMMERCIAL SUBDIVISION. FIRST ADDITION", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 6, AT PAGE 30 OF THE PUBLIC
RECORDS OF MIAMI/DADE COUNTY, FLORIDA,' BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS; .
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT, 20;
THENCE SOUTH 00.48'26" EAST ALONG THE EAST LINE OF SAID LOT 20,"A
DISTANCE OF 22.01 FEET TO THE POINT OF BEGINNING:
THENCE CONTINUE SOUTH 00.48'26" EAST ON THE SOUTHERLY EXTENSION OF
SAID LOT 20, A DISTANCE OF 7.99 FEET;
THENCE SOUTH 89'08'55" WEST ALONG THE EASTERLY EXTENSION OF SAID
LOT 20, A DISTANCE OF 7.99 FEET TO A POINT ON A TANGENT CURVE;
CONCAVE TO THE NORTHWEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS
OF 8.00 FEET, A CENTRAL ANGLE OF 89'57'21" AND AN ARC DISTANCE OF
12.56 FEET TO THE POINT OF BEGINNING,
SAID LAND SITUATE. LYING AND BEING IN THE CITY OF MIAMI BEACH,
MIAMI/DADE COUNTY, FLORIDA: CONTAINING 14 SQUARE FEET, MORE OR LESS.
tmES;
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISEO SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER. '
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEIiIENTS, OWNERSHIP, OR OTHER INSTRUMENTS Of .RECORD.
3. DATA SHOWN HEREON ODES NOT CONSTITUTE A fiELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS' PREPARED BY THE SURVEYOR.
. 5. BEARINGS SHOWN HEREON ARE ASSUMED. THE SOUTH LINE OF LOT 20, BLOCK 39
"COMMERCIAL SUBDIVISION, fiRST ADDITION., P.B. 6, PG. 30, IiI/O.C.R. '
SAID LINE BEARS S89'08'SS.W.
I HEREBY CERTIFY THAT THE ATTACHED .LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF
AS PREPARED UNDER MY DIRECTION IN MARCH, 2007. I FURTHER CERTIFY THAT THIS
"LAND DESCRIPTION AND SKETCH. MEETS THE MINIMUM TECHNICAL STANDARDS
FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 61G17 OF
THE fLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027. FLORIDA
STATUTES. SUBJECT TO THE QUALIfiCATIONS NOTED HEREON.
FOR THE fiRM, BY: ------------------------------------
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND IiIAPPER
FLORIDA REGISTRATION NO. 4188
REVISIONS DATE FB/PG DWN CKD
LAND DESCRIPTION Ie SKETCH 03/06/07 ----- AV REC
LAND DESCRIPTION
& SKETCH
FOR PARCEL FROM
CITY OF
MIAMI BEACH
PROPERTY ADDRESS :
1111 LINCOLN ROAD
(SCALE: 'N/A )
( SHEET 1 OF 2 )
COUSINS
~
(PROJECT NUMBER : 5085-04 )
CLIENT :
SURVEYORS & ASSOCIATES, INC.
3921 SW 47TH AVENUE, SUITE lOll
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : lB # 6448
PHONE (954) 680-9885 FAX (954) 680-0213
LAND DESCRIPTION AND SKETCH
$
MBEACH 1, lllP
LEGEND:
CKD CHECKED BY
OWN DR~WN BY
FB/PG FIELD BOOK AND P~GE
POB, POINT OF BEGINNING
POC POINT OF COIolIolENCEIolENT
P.B. PlAT BOOK
Iol/D.C,R. IolIAIolI/DADE COUNTY RECORDS
A ARC DISTANCE
R RADIUS
'" CENTRAL ANGLE
LOT 19
BLOCK 39
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NORTHEAST CORNER
lOT 20, BLOCK 39
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SOUTH LINE - LOT 19
NORTH LINE - LOT, 20
LOT 20
BLOCK 39
" R=8.00' POB
6=89057'21 "
A= 12.56'
SOUTH LINE - LOT 20
AREA=14 SQ.FT.
S8900B'55"W
7.99'
20' ALLEY
REVISIONS
LAND DESCRIPTION " SKETCH
DATE 'FB PG DWN CKD
03/06/07 AV REC
LAND DESCRIPTION
& SKETCH
FOR PARCEL FROM
CITY OF
MIAMI BEACH
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PROPERTY ADDRESS :
1111 LINCOLN ROAD
(SCALE: 1"= 10' )
( SHEET 2 OF 2 )
EXHIBIT "B"
LEGAL DESCRIPTION OF PARCEL TO BE DEDICATED
COUSINS
$
SURVEYORS & ASSOCIATES, INC.
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : lB # 6448
PHONE (954) 680-9885 FAX (954) 680-0213
(PROJECT NUMBER 5085-04)
CLIENT :
MBEACH1, lllP
LAND DESCRIPTION AND .SKETCH
LAND DESCRIPTION :
A PORTION Of LOT 7, BLOCK 39, "PALM VIEW SUBDIVISION", ACCORDING TO
THE PLAT THEREOf, AS RECORDED !N PLAT BOOK 6, AT PAGE 29 Of THE
PUBLIC RECORDS Of t.lIAMI/DADE COUNTY. fLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS fOLLOWS;
BEGIN AT THE NORTHWEST CORNER Of SAID LOT 7;
THENCE SOUTH 00'48'26" EAST ALONG THE WEST LINE Of SAID LOT 7, A
DISTANCE OF 22.02 fEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHEAST;
THENCE SOUTHEASTERLY ALONG THE ARC Of SAID CURVE, HAVING A RADIUS
Of 8.00 rEEl, A CENTRAL ANGLE Of 90.02'39" AND AN ARC DISTANCE Of
12.57 fEET; ,
THENCE NORTH 89'08'55" EAST ALONG THE SOUTH LINE OF SAID LOT 7, A .
DISTANCE OF 22.02 fEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHEAST;
THENCE NORTHWESTERLY ALONG THE ARC Of SAID CURVE, HAVING A .RADIUS
Of 30,00 fEET, A CENTRAL ANGLE Of 90.02'39" AND AN ARC DISTANCE Of
47.15 fEET TO THE POINT Of BEGINNING.
SAID LAND SITUATE, LYING AND BEING IN THE CITY Of MIAMI BEACH,
MIAt.lI/DADE COUNTY, fLORIDA; CONTAINING 180 SOUARE fEET, MORE OR
LESS.
l:lQill;
1. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL Of A fLORIDA
LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON. WERE NOT ABSTRACTED fOR RIGHTS-Of-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. .
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A fiELD SURVEY ;S SUCH.
4. . THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED. THE SOUTH LINE Of LOT 7, BLOCK 39
"PALW VIEW SUBDIVISION", P.B. 6, PG. 29, M/D.C.R. SAID LINE BEARS N89.0S'SS"E.
I HEREBY CERTIfY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST Of MY KNOWLEDGE AND BEUEf
AS PREPARED UNDER MY DIRECTION IN MARCH, 2007. I fURTHER CERTIfY THAT THIS
"LAND DESCRIPTION AND SKETCH" MEETS THE MINIMUM TECHNICAL STANDARDS
fOR SURVEYING IN THE STATE Of FLORIDA ACCORDING TO CHAPTER 61Gl7 Of
THE fLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA
STATUTES. SUBJECT TO THE QUALlF"lCA TIONS NOTED HEREON.
fOR THE fiRM, BY: ---------------------------_________
RICHARD E. COUSINS
PROfESSIONAL SURVEYOR AND MAPPER
fLORIDA REGISTRATION NO, 4188
. REVISIONS DATE FB/PG OWN CKD
LAND DESCRIPTION II< SKETCH 03/06/07 ----- AV REC
lAND DESCRIPTION
& SKETCH
FOR PARCEL TO
CITY OF .
MIAMI BEACH
PROPERTY ADDRESS :
1111 LINCOLN ROAD
(SCALE: N/ A )
(SHEET OF 2 )
COUSINS
~
SURVEYORS & ASSOCIATES, INC.
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : LB # 6448
PHONE (954) 680-9885 FAX (954) 680-0213
(PROJECT NUMBER : 5065-04 )
CLIENT :
MBEACH 1. LLLP
$
LAND DESCRIPTION AND SKETCH
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LOT 8
BLOCK 39
POB
NORTHWEST CORNER
LOT 7. BLOCK 39
P.B. 6, PG. 29, M/D.C.R.
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LEGEND:
CKD CHECKED BY
OWN DRAWN BY
rB/PG RELO BOOK AND P.GE
POB POINT or BEGINNING
POC POINT or COMMENCE !,lENT
P .B. PLAT BOOK
!,I/O.C.R. 1I1.1I1/0ADE COUNTY RECORDS
A ARC DISTANCE
R RADIUS
b. CENTRAl .NGU:
SOUTH LINE - LOT 8
NORTH LINE - LOT 7
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R=30.00'
L} =90002' 39"
A=47.15'
_ AREA=
R=8.00'
L} = 9 00 02' 3 9 "
A=12.57'
REVISIONS
WID DESCRIPTlOH ~ SKETCH
N89008'55"E
22.02'
LOT 7
BLOCK 39
1 80 SQ FT.
SOUTH LINE - LOT 7
20' ALLEY
DATE FB. PG DWN CKD PROPERTY AOORESS :
03/06/07 AV REC LAND DESCRIPTION 1111 LINCOLN ROAD
& SKETCH ( SCALE: 1"= 10'
FOR PARCEL TO )
CITY OF
MIAMI BEACH ( SHEET 2 OF 2 )
EXHIBIT "e"
PLANNING DEPARTMENT ANALYSIS
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PlANNING DEPARTMENT
MEMORANDUM
TO: Fred Beckmann, Public Works Director
FROM, Jorge Gomez, Planning Director rjjt--
DATE: April 4, 2007
SUBJECT: Analysis of Proposed Alley Vacation - 111 Lincoln Road
Fred:
Pursuant to your request, this memorandum will serve as an analysis of the proposed vacation
of portion of alley on Alton Court in exchange for a larger portion of land adjacent to N. Lincoln
Lane to be dedicated by for City ROW purposes.
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or lease
of City-owned land be analyzed from a planning perspective so that the City Commission and
the .public are fully appraised of all conditions relating to the proposed sale or lease. The
following is an analysis of the criteria delineated in the Code:
1. Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city comprehensive plan.
Consistent - The property being vacated by the City is within the CD-2 Commercial
Medium Intensity future land use category, and the property being given back to the City
is within the CD-3 Commercial High Intensity future land use category. The vacation and
exchange is consistent with the future land use category description contained in the
Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further evaluation of
traffic impact is needed, the proponent shall be responsible for obtaining a traffic
impact analysis from a reputable traffic engineer.
Consistent - No negative impact is anticipated by the proposal, as the result will be an
improvement in traffic circulation in the alleyway. There would be no diminution of open
space as no new construction is being proposed. No additional utility or infrastructure is
expected to be necessary.
3. A determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the city's revenue base,
creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
Analysis of Proposed Alley Vacation - 111 Lincoln Road
March 30, 2007
Page 2 of 2
Consistent - This proposal does not expand the revenue stream to the City; however,
the proposed 1111 Lincoln Road project associated with the vacation does have the
potential to create additional jobs.
4. Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create environmental intrusions,
and evaluation of the design and aesthetic considerations of the project.
Consistent - The surrounding neighborhood will not be negatively affected.
5. The impact on adjacent properties, whether or not there is adequate parking,
street and infrastructure needs.
Consistent - The impact on adjacent properties should be minimal. No further
infrastructure needs are anticipated.
6. A determination as to whether or not alternatives are available for the proposed
disposition, including assembly of adjacent properties, and whether the project
could be accomplished under a private ownership assembly.
Not applicable - These properties are adjacent to alleyways and do not involve other
properties.
7. Within the constraints of public objectives, the department should examine
financial issues such as job generation, providing housing opportunities, and the
return to the city for its disposition of property.
The 1111 Lincoln Road project may create additional jobs; a small number of new
apartment units are being created. The return to the city is a larger, more valuable piece
of land which may be used to improve traffic circulation within the alleyways and parking
lots.
8. Such other issues as the Planning Department may deem appropriate in analysis
of the proposed disposition.
Not applicable - The Planning Department has no other issues it deems appropriate to
analyze for this proposal.
JGGJRGL
F:\$ALL\GEN_CORR\INTEROFF\1111 Lincoln Rd. Alley Vacation.doc
We are committed to pJClvldi(i:~1
'-.ofe1\
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida following a duly
noticed Public Hearing to hear public comment regarding the vacation of approximately 14 square
feet of an alley, adjacent to the proposed 1111 Lincoln Road project, in favor of MBeach1, LLLP and
MBeach 3, LLC (the Applicants and Developer of 1111 Lincoln Road project); in exchange for
a roximatel 180 s uare feet of the develo er's ro ert to be dedicated for Ri ht-of-Wa ur oses.
Ke Intended Outcome Su orted:
Increase satisfaction with development and growth management across the City
Issue:
Shall the Mayor and City Commission approve the Resolution?
Item Summary/Recommendation:
Since November 2006, the Administration has been in discussions with the developer of the 1111 Lincoln
Road property. The discussions have resulted in the completion of a Development Agreement between
the City and the Developer for the construction of a pedestrian plaza with water features on Lincoln Road
from Lennox Avenue to Alton Road. As part of this Development Agreement, the Developer had
requested an Easement Agreement with multiple elements. One of the elements requires the vacation of
a portion of an alley which under City Code Section 82-36 through 82-40 must be approved by the City
Commission.
The Applicants have requested the City Comm ission to consider an application for vacating a portion of
the alley located on Alton Court in exchange for 180 square feet of a portion of the private parking lot
adjacent to north Lincoln Lane. The vacation of the approximately 14 square feet of the alley is required
to permit a second floor overhang over the existing public Right-of-Way. There will be no building or
structures in this proposed vacated area; it will be only used for the new bank drive-thru facilities. The
Public Works Department has received and reviewed the Developer's/Applicant's request for vacation of
the alley and has determined that the Applicants meet the criteria pursuant to the City Code; which also
requires the Mayor and City Commission to hold a public hearing to hear public comment for the
aforestated request for vacation.
The Administration views the vacation exchange to be of extraordinary public benefit and therefore
recommends waiving by 5/ih vote the competitive bidding and appraisal requirements and waiving the
vacation application fee in the amount of $5000.
The Administration recommends approval on First Reading and scheduling a Second Reading and
Public Hearing on Mav 9,2007.
Advisory Board Recommendation:
I None
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
Si n-Offs:
Department Director
RCM
City Manager
Assistant City Manager
in
...,.
MIAMI BEACH
lD
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~ .Jf\.lG~
DATE: April 11 ,2007
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE VACATION OF A PORTION OF AN ALLEY,
CONTAINING APPROXIMATELY 14 SQUARE FEET AND LOCATED ADJACENT
TO THE PROPERTY LOCATED AT 1111 LINCOLN ROAD (SAID
PROPERTY LEGALLY DESCRIBED AS LOT 20, BLOCK 39), IN FAVOR OF THE
APPLICANTS AND ADJACENT PROPERTY OWNERS, MBEACH 1, LLLP AND
MBEACH 3, LLC (AS THE DEVELOPER OF THE 1111 LINCOLN ROAD PROJECT)
SAID VACATION IN EXCHANGE FOR THE APPLICANTS'
CONVEYANCE/DEDICATION, FOR RIGHT OF WAY PURPOSES, OF
APPROXIMATELY 180 SQUARE FEET OF A PORTION OF THE PROPERTY
OWNED BY THE DEVELOPER (WITHIN THE PROPERTY LEGALLY DESCRIBED
AS LOT 7, BLOCK 39); PROVIDED THAT THE SUBJECT VACATION IS FURTHER
SUBJECT TO AND CONDITIONED UPON THE APPLICANTS' COMPLIANCE WITH
AND SATISFACTION OF THE CONDITIONS SET FORTH IN THIS RESOLUTION;
WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS, AS PROVIDED IN SECTION 82-39 OF THE CITY CODE,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; WAIVING,
AS REQUESTED BY APPLICANTS, THE VACATION APPLICATION FEE, IN THE
AMOUNT OF $5000.00; AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ANY AND ALL AGREEMENTS AND/OR INSTRUMENTS, AS
NECESSARY, TO EFFECTUATE THE SUBJECT VACATION.
ADMINISTRATION RECOMMENDATION
Approve on First Reading and schedule a Second Reading and Public Hearing on May 9,
2007.
ANALYSIS
Since November 2006, the Administration has been in discussions with the developer of the
1111 Lincoln Road property. The discussions have resulted in the completion of a Development
Agreement between the City and the Developer for the construction of a pedestrian plaza with
water features on Lincoln Road from Lennox Avenue to Alton Road. As part of this
Development Agreement, the Developer had requested an Easement Agreement with multiple
elements. One of the elements requires the vacation of a portion of an alley which under City
Code Section 82-36 through 82-40 must be approved by the City Commission.
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11,2007
Page 2 of 8
MBeach 1, LLLP and MBeach 3, LLC (as the Developer of the 1111 Lincoln Road Project and the
Applicants for the vacation) have applied for the vacation of approximately 14 square feet of a
portion of an alley located adjacent to the 1111 Lincoln Road Project (said property legally
described as lot 20, block 39) as depicted in the attached Attachment "A". In exchange for the
vacation of the portion of the public Right-of Way the Applicants have offered to convey/ dedicate
approximately 180 square feet of his own property (within the property legally described as lot 7,
block 39) for Right-of Way purposes, as depicted in the attached Attachment "B". The vacation of
the approximately 14 square feet of the alley is required to permit a second floor overhang over
the existing public Right-of-Way. There will be no building or structures in this proposed vacated
area; it will be only used for the new bank drive-thru facilities. Attachment "C" is a site plan
showing the portion of the alley to be vacated and the portion of the Applicant's property being
dedicated for public purposes. Attachment "0" is the Opinion of Title included as a supporting
document for the application.
The Applicants have complied with the requirements as set forth in City Code Chapter 82 Article
II Section 82-37 for Requesting the Vacation of a City Right-Of Way, which requires that the
Mayor and the City Commission set a duly noticed public hearing, to hear public comment
regarding the proposed alley vacation, and to accept a dedication of a portion of the Applicants'
property in exchange for a portion of the vacated alley.
As required by Section 82-38 of the City Code, a Planning Department Analysis has been
prepared with regards to the proposed alley vacation; said analysis is attached and incorporated
as Attachment "E". In addition, the Administration's review of the seven criteria elements for
vacating City property/granting revocable permit is provided below:
1. That the applicant's need is substantial. Satisfied.
2. That the applicant holds title to an abutting property. Satisfied.
3. That the proposed improvements comply with applicable codes, ordinances, regulations,
neighborhood plans and laws. Satisfied. The Developer's improvements with the
construction of the 1111 Lincoln Road Project which include a parking garage, a new
bank building and the redevelopment of the existing bank building will be built in
accordance of all the applicable City Codes, ordinances, regulations, neighborhood plans
and laws.
4. That the grant of such application will have no adverse effect on governmental/utility
easements and uses on the property. Satisfied.
5. Alternatively:
a) That an unnecessary hardship exists that deprives the applicant of a
reasonable use of the land, structure or building for which vacation is sought,
arising out of special circumstances and conditions that exist and were not
self-created and are peculiar to the land, structures or building involved and
are not generally applicable to other lands, structures or buildings in the
same zoning district and the grant of the application is the minimum that will
allow reasonable use of the land, structures or building. Satisfied.
That the grant of the vacation will enhance the neighborhood and/or
community by such amenities as, for example, enhanced landscaping,
improved drainage, improved lighting, and improved security. Satisfied.
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 3 of 8
6. That granting the vacation requested will not confer on the applicant any special
privilege that is denied to other owner of land, structures or buildings subject to similar
conditions. Satisfied.
7. That granting the vacation will not be injurious to the surrounding properties, the
neighborhood, or otherwise detrimental to the public welfare. Satisfied.
The proposed vacation of a portion of an alley containing approximately 14 square feet of land
and located adjacent to Lot 20, Block 39 in favor of MBeach3, LLC, in return for the dedication to
the City of Miami Beach by MBeach1, LLLP, Ltd., an affiliate of MBeach3, LLC (MBeach3, LLC
and MBeach1, LLLP, Ltd. are collectively, "Developer"), of approximately 180 square feet of land
located adjacent to Lot 7, Block 39 for right-of-way purposes is in the best interest of the public's
general welfare for the following reasons:
1) As a result of the Vacation and the Dedication, the City is gaining 180 square feet of land in
return for 14 square feet of land being vacated in favor of Developer.
2) As a result of the project being developed by Developer at 1111 Lincoln Road (the "Project"),
Developer will be increasing the safety of both pedestrians and drivers.
3) The Dedication and the Vacation will enable Developer to create an access area for fire trucks.
4) The Dedication and the Vacation will enable Developer and the City to improve the flow of
traffic along alleyways adjacent to the Project and throughout the Project area.
5) The Dedication will create an adequate turning radius for trucks and emergency vehicles in an
area where there is a very inadequate turning radius today.
6) The Vacation is occurring in a location where the alley adjacent to the Project is being closed
to vehicular traffic and therefore the portion of the right-of-way being vacated is no longer
necessary for the City because it was a radius return and there will no longer be vehicles turning
in that area.
7) As part of the Project, Developer is constructing a parking garage at the corner of Alton Road
and Lincoln Road that will provide approximately 260 additional parking spaces in one of Miami
Beach's busiest locations.
8) The Project is of extraordinary public benefit.
In addition, the Administration recommends waiving by 5/7ths vote, the competitive bidding and
appraisal requirements, as provided in Section 82-39 of the City Code, finding such waiver to be
in the best interest of the City; waiving, as requested by Applicants, the vacation application fee,
in the amount of $5000.00; and authorizing the Mayor and City Clerk to execute any and all
agreements and/or instruments, as necessary, to effectuate the subject vacation.
Attachments:
"A" Legal Description and Survey Sketch of Proposed Vacation
"B" Legal Description and Survey Sketch of Property to Be Dedicated for Public Purpose
"C" Site Plan
"0" Opinion of Title
"E" Planning Analysis
T:\AGENDA\2007\apr11 07\Regular\ 1111 Lincoln Road Vacation MEMO.doc
City Commission Memorandum 1111 Linco/n Road Vacation
Apri/11,2007
Page 4 of 8
"A" Legal Description and Survey Sketch of Proposed Vacation
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER 5085-04)
~. 3921 SW 47TH AVENUE. SUITE 1011 CLIENT:
DAVIE, FLORIDA 33314 B LP
CERTIFICATE OF AUTHORIZATION : LB # 6448 M EACH 1. LL
PHONE (954) 680-9885 FAX (954) 680-0213
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION :
A PORTION OF THE ALLEY LYING ADJACENT TO LOT 20, BLOCK 39,
"COMMERCIAL SUBDIVISION. FIRST ADDITION", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 6, AT PAGE 30 OF THE PUBLIC
RECORDS OF MIAMI/DADE COUNTY, FLORIOA,' BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: .
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT. 20;
THENCE SOUTH 00.48'26" EAST ALONG THE EAST LINE OF SAID LOT 20,oA
DISTANCE OF 22.01 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 00'48'26" EAST ON THE SOUTHERLY EXTENSION OF
SAID LOT 20, A DISTANCE OF 7.99 FEET;
THENCE SOUTH 89'08'55" WEST ALONG THE EASTERLY EXTENSION OF SAID
LOT 20. A DISTANCE OF 7.99 FEET TO A POINT ON A TANGENT CURVE;
CONCAVE TO THE NORTHWEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS
OF 8.00 FEET, A CENTRAL ANGLE OF 89'57'21" AND AN ARC DISTANCE OF
12.56 FEET TO THE POINT OF BEGINNING.
SAID LAND SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH,
MIAMI/DADE COUNTY, FLORIDA; CONTAINING 14 SQUARE FEET, MORE OR LESS.
lmES.;
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER. .
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS' OF .RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LANO DESCRIPTION SHOWN HEREON WAS' PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED. THE SOUTH LINE OF LOT 20, BLOCK 39
"COMMERCIAL SUBDIVISION, FIRST ADOITION., P.B. 6, PG. 3D, M/D.C.R.
SAID LINE BEARS S89'08'SS"W.
I HEREBY CERTIFY THAT THE ATTACHED .LAND OESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEOGE AND BELIEF
AS PREPARED UNOER MY OIRECTION IN MARCH, 2007. I FURTHER CERTIFY THAT THIS
"LAND OESCRIPTION AND SKETCH" MEETS THE MINIMUM TECHNICAL STANDARDS
FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 61G17 OF
THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA
STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
FOR THE FIRM, BY: ----------------------______________
RICHARO E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 41BB
REVISIONS DATE FB/pG OWN eKO
LAND DESCRIPTION &< SKETCH 03/06/07 ----- AV REC
LAND DESCRIPTION
& SKETCH
FOR PARCEL FROM
CITY OF
MIAMI BEACH
PROPERTY ADDRESS :
1111 LINCOLN ROAD
(SCALE: . N/A )
( SHEET 1 OF 2 )
COUSINS
$
SURVEYORS & ASSOCIATES, INC.
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION: L8 # 6448
PHONE (954) 680-9885 FAX (954) 680-0213
(PROJECT NUMBER : 5085-04 )
CLIENT :
M8EACH1, LLLP
LAND DESCRIPTION AND SKETCH
$
LEGEND:
CKO CHECKED BY
OWN DRAWN BY
FB/PG FIELD BOOK AND PAGE
POB, POINT OF BEGINNING
POC POINT OF COMMENCEMENT
P.B. PLAT BOOK
M/D.C.R. MIAMI/DADE COUNTY RECORDS
A ARC DISTANCE
R RADIUS
t;. CENTRAL ANGLE
LOT 19
BLOCK 39
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LOT 20, BLOCK 39
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REVISIONS
LAND DESCRIPTION II< SKETCH
DATE FB PG DWN CKD PROPERTY ADDRESS :
03/06/07 AV REC LAND DESCRIPTION 1111 LINCOLN ROAD
& SKETCH
FOR PARCEL FROM ( SCALE: 1 "= 1 0' )
CITY OF
MIAMI BEACH ( SHEET 2 OF 2 )
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 5 of 8
"B" Legal Description and Survey Sketch of Property to Be Dedicated for
Public Purpose
COUSINS
~.
SURVEYORS & ASSOCIATES, INC.
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314 .
CERTIFICATE OF AUTHORIZATION : LB # 6448
PHONE (954) 680-9885 FAX (954) 680-0213
(PROJECT NUMBER 5085-04)
CLI ENT :
MBEACH1, LLLP
LAND DESCRIPTION AND .SKETCH
LAND DESCRIPTION :
A PORTION Of LOT 7, BLOCK 39, "PALM VIEW SUBDIVISION", ACCORDING TO
THE PLAT THEREOf, AS RECORDED IN PLAT BOOK 6, AT PAGE 29 Of THE
PUBLIC RECORDS Of MIAMI/DADE COUNTY, fLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS fOLLOWS;
BEGIN AT THE NORTHWEST CORNER Of SAID LOT 7;
THENCE SOUTH 00'48'26" EAST ALONG THE WEST LINE Of SAID LOT 7, A
DISTANCE OF 22.02 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHEAST:
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS
OF 8.00 fEET, A CENTRAL ANGLE OF 90.02'39" AND AN ARC DISTANCE OF
12.57 FEET; .
THENCE NORTH 89'08'55" EAST ALONG THE SOUTH LINE OF SAID LOT 7, A '
DISTANCE OF 22.02 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHEAST; ,
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A 'RADIUS
OF 30.00 FEET, A CENTRAL ANGLE OF 90.02'39" AND AN ARC DISTANCE OF
47.15 FEET TO THE POINT OF BEGINNING. '
SAID LAND SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH,
MIAMI/DADE COUNTY, FLORIDA; CONTAINING 180 SQUARE FEET, MORE OR
LESS.
t:!QIES;
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND. MAPPER.
2. LANDS SHOWN HEREON, WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD..'
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A fiELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED. THE SOUTH LINE OF LOT 7, BLOCK 39
"PALM VIEW SUBDIVISION", P.B. 6, PG. 29, M/D.C.R. SAID LINE BEARS N89'08'SS"E.
I HERESY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF
AS PREPARED UNDER MY DIRECTION IN MARCH. 2007. I FURTHER CERTIFY THAT THIS
"LAND DESCRIPTION AND SKETCH" MEETS THE MINIt.lUM TECHNICAL STANDARDS
FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 61G17 OF
THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA
STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
FOR THE FIRM, BY: ------------------------------------
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
. REVISIONS
LAKO OESCRIPTlOK It SKETCH
I
DATE FB PG DWN CKD PROPERTY ADDRESS :
03/06/07 AV REC LAND DESCRIPTION 1111 LINCOLN ROAD
& SKETCH ( SCALE:
FOR PARCEL TO N/A )
CITY OF
MIAMI BEACH ( SHEET )
1 OF 2
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 6 of 8
"e" Site Plan
" PERMIT SET
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1111
UNCOLN ROAD
CARPARK ANO EXISTING OfFICE BUILDING
1\11 tINCOl.NIIOAD;UlA/,lIBfACH.FI.
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 7 of 8
"0" Opinion of Title
CTP 10/99)
ALTA Owner's Policy (10-17-92) (With Florida Modifications)
~
.... ..
First American Title Insurance Company
OWNER'S POLICY
SCHEDULE A
Agent's File No. 76134-22013
Date of Policy: March: 25,2005 at 10:07:51 a.m.
Policy No. FA-35-951247
Amount of Insurance: $42,000,000.00
1. Name of Insured: MBeach1, LLLP, a Delaware limited liability limited partnership,
authorized to transact business in Florida as MBeach1, LLLP, Ltd.
2. The estate or interest in the land which is covered by this policy is: Fee Simple
3. Title to the estate or interest in the land is vested in:
MBeachl,LLLP, a Delaware limited liability limited partnership, authorized to transact business
in Florida as MBeach1, LLLP, Ltd.
4. The land referred toin this Policy is described as follows:
. Parcell:
Lots 1,2, 3, 4, 5 and 6, Block 39, COMMERCIAL SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book 6, at Page 5, of the Public Records of Miami-Dade County, Florida.
and
Parcel 2:
Lots 7 and 8, Block 39,.PALM VIEW SUBDIVISION, according to the Plat thereof, as recorded
in Plat Book 6, at Page 29, of the Public Records of Miami-Dade County, Florida.
and
Parcel 3:
Lots 19 and 20, Block 39, COMMERCIAL -SUBDIVISION, FIRST ADDITION, according to
the Plat thereof, as recorded in Plat Book 6, at Page 30, of the Public Records of Miami-Dade
County, Florida. .
Bilzin SlJffiberg Baena Price & Axelrod LLP
200 South Biscayne Boulev Ite 2500
Miami, Florid 3 1 - O'
By:
St en W. Simon, E
Authorized Signatory
MIAMI 884785.1 7613422013
.First American Title Insurance Company
SCHEDULE B
EXCEPTIONS FROM COVERAGE
'-./
Agent's File No. 76134-22013
Policy No. FA-35-951247
This policy does not insure against loss or damage (and the Company will not pay costs,. attorneys' fees or
. expenses) which arise by reason of:
1. Taxes and assessments for the year 2005 and subsequent years, which are not yet due and payable.
2. Easement granted to Florida Power & Light Company, recorded July 16, 1970, in Official Records Book
6917, at Page 298.
3. Terms, provisions and conditions of that certain unrecorded lease between George Goldbloom and
Emanuel Edelstein, doing business as M.G. Investment, a Partnership, as Lessor, and Flagship First
National Bank of Miami Beach, a national bankirig association, as Lessee, as referred to in Notice of Lease
Agreement filed Nove~ber 15, 1977, in Official Re~ords Book 9859; at Page 1787.
I
4. Order of the Board of Adjustment of the City of Miami Beach, Florida, recorded June 12, 1991, in.Official
Records Book 15062, at Page 2803, .
5. Terms, provisions and conditions of that certain unrecorded Lease between Uccello hnmobilien GmbH, a
corporation organized and existing under the laws of the Federal Republic of Germany, as Landlord, and
MTV Networks Latin America, Inc. f/kIa MTV Latino, Inc., a Delaware corporation, as Tenant, as referred
to in Notice of Lease Prohibition of Construction Liens recorded June 23, 1995, in Official Records Book
16826, at Page 1861, together with Exhibit liB" to Second Amendment to Lease, re~orded December 13, .
1996; in Official Records Book 17459, at Page 3690.
6. Order oftheB6ard of Adjustment of the City of Miami Beach, Florida, recorded November 13, 1995, in
Official Records Book 16987, at Page 3902.
7. Terms, provisions and conditions of that certain unrecorded Lease between Uccello hnmobilien GmbH, a
corporation organized and existing under the laws of the Federal Republic of Germany, as Landlord, and
lEA Acquisition Corp., a Florida corporation, as Tenant, as referred to in Notice of Lease Prohibition of
Construction Liens, recorded February 14, 2000, in Official Records Book 18984, at Page 125.
8. Rights of tenants in possession under unrecorded leases.
9. Special Assessments levied by the City of Miami Beach under account numbers CLOOl13, CLOOl16, .
CL00184 and CL00185, all being paid in annual installments with the next installments for each due May
1,2005.
10. Declaration of Restrictive Covenants in Lieu of Unity of Title recorded March 25, 2005, in Official
RecordS. Book 23203, at p~ge 4868 (as to Parcels 1 and 2 only). .-~ \ ~.
MIAMI 884785.1 7613422013 . W I
11. Mortgage, Assignment of Rents, Security Agreement and Fixture Filing made by :MBeachl, LLLP, a
Delaware limited liability limited partnership, authorized to transact business in Florida as :MBeachl,
LLLP, Ltd., in favor of KeyBank National Association, dated as of March 23,2005, and recorded March
25, 2005, in Official Records Book 23203, at Page 4875, securing notes in the principal amount of
$38,500,000.00; together with:
(a) Assignment of Leases and Rents recorded March 25, 2005, in Official Records Book.
23203, at Page 4900; and
. (b) State of Florida Uniform Commercial Code Financing Statement recorded March 25,2005,
in Official Records Book 23203, at Page 4911.
. Informational Note: Notice to Lien Claimants recorded February 7,2001, in Official'Records Book 19487,
at page 1805.
Note: All of the recording infomiation contained herein refers to the Public Records of Miami-Dade
County, Florida. .
END OF SCHEDULE B
!
Ji
MIAMI 884785.1 7613422013
EXCLUSIONS FROM COVERAGE
rhe f~llowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, al1omeys' fees or expenses which arise by
~~OO~" .
Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of
any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. " . :
Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any laking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
l. (a)
(b)
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an in~ured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy.; or . .
(e) resulting in Joss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, orsimilar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this"policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
1. DEFINITION OF TERMS.
The.followin~ terms when used in this p'olicy mean:
(a) "insured: the insured named in Schedule A, andl
su&ject to any rights or defenses the Company woulo
have. had agamst {he named insured, those who succeed
to the. interest of the named insured by operation of law
as distinguished from p'urchase including, "but not
limited to, heirs, distnbutees, devisees, surVivors,
persopal representatives, next of kin, or corporate or
fiducla!y successors.
(b)."lnsured claimant": an insured claiming loss or
damage.
(c)" "knowledge" or "known": actual knowledge, not
constructive knowledge or notice which may be
imputed to an insured 6y reason of the public records as
defined in this p'olicy or any other records which impart "
constructive notice of matters affecting the land.
(d) "land": the land described or referred to in
Schedule (A), and improvements affixed thereto which
by law eonslltute real property. The term "land" does
not ""include any property beyond the lines of the area
described or referred to in Schedule A, nor any right,"
titlej . interest, estate or easement in abutting streets,
roaas, .avenues, alleys, lanes, ways or waterways, but
nothing herein shall modify or limit. the extent to which
a right of access to and from the land is insured by this
poh9."' .
(e)" "mortg~ge:': mortgage, deed of trust, trust deed,
or other secunty IJIstrument.
(f) "public records": records established under state
statutes.,"a~ Date. of Policy for the purpose of imparting
conslrucllve notice of matters relatlJlg to real property"to
purchasers for value and without "knowledge. With
respect .to Section l(aXiv) of the ExclUSions From
Coverage, "public recoids" shall also include
environmental proteclion liens filed in the records of the
clerk of the Umted Slates district court for the district in
which the land is located.
(g) "unmarketability of the title": an alleged or
apparent .maller affectinll the title .to the land, not
excliJdedor excepted flom coverage, which would
entitle:a purchaser of the estate or interest described in
Schedule A to be released from the obligation to
Ilurchase. by virtue of a contractual condition requiring
the delivery_oJ marketable title.
2. CONTINUATION OF INSURANCE AFI'ER
CONVEYANCEOFTITL&
The coverage of this poli~ shall continue in force as of
Dale of Policy in favor of an insured only so long as the
insured retains an estate or interest in the land, or holds
an indebtedness secured by a purchase money mortgage
given by a purchaser from the insured, or only so long
as the insured shall have liability by reason of covenants
of warranty made by the insurei! in any transfer or
convey.ance of the estate or interest. This policy shall
not continue in force in favor of any purchaser from the
i!l.sured <!f either (i) an estate or interest in the land, or
(II) an"mqebtedness .secured by a purchase money
mortg~e -.&!ven to the Insured.
3. NOTICE OF ClAIM TO BE GIVEN BY
INSURED ClAIMANT.
T~e . i'!5l!red shall noti{y' th~ Company. prl?mptly. in
wntmg{l) m C?!se.of any "hlJgallon as set forth In Section
~a) Ili:low, (Ii) m case kriowleds.e "shall "come to an
insured hereunder of any claim of tltle"or interest which
is adverse to the title to the estate or interest, as insured,
CONDITIONS AND STIPULATIONS
All information desi,g,nated as confidential by the
insured claimant prOVIded to the Company pursuant to
this Section shall not be disclosed to others"unless, in
the reasonable judgment of the Company, it is \Iecessary
in the administration of the claim. Failure ofihe insured
claimant to submit for examination under oliih, produce
olher reasonably requested infonnation or grant
permission to secure reasonably necessary infonnation
from third parties as required in this paragraph shall
terminate any liability of the Company under thiS policy
as to that clalm.
6. OPTIONS TO PAYOR OTHERWISE SETILE
ClAIMS' TERMINATION OF LIABIliTY.
In case 0/ a claim under this. policy, the Company
shall have the following additional options:
(a) To Pavor Tender Pavment of the Amount of
lrisurance.
(i) To payor tender payment of the amount of
insurance under this policy together with any costs,
attorneys' fees, and expenses incurred by the insured
claimant, which were authorized by the Company, up to
the time of payment or tender of payment and which the
compa~ is obligated to pay:
, . (i1 Upon the exercise by the Company of this
olltion, a I liability and obligations to the insured under
this policy, other than to make the payment required,
shall tenninate, including any liability or obiligal1on to
defend, prosecute, .or continue any litigation, and the
policy shall be surrendered to the Company for
cancellation. . .
(b) To Pavor Otherwise Settle With Parties Other
than the Insured or With the Insured Claiman!.
. (i) to payor otherwise settle with other parties for
or in tbe name of an insured claimant any claim insured
against under this policy, tOllether with any costs,
attorneys' fees, and expenses IJIcurred by the insured
claimant which were authorized by the Company up to
the .time of payment and which the Company is
obligated to pay; or
(ii) to payor otherwise settle with the insured
claimant the loss or damage provided for under this
policy, 10j!ether with any costs, attorneys' fees, and
eXllenses mcurred by the insured claimant which were
authorized by the Company up to the time of payment
and which the Company is obhgated 10 pal'
Upon the exercise by the Company 0 either of the
options provided for m para8raphs (b )(i) or (ii), the
Company's obligations to the msured unCler this policy.
for the claimed loss or damage, other than the payments
required to be made, shall lerminate, including any
liability or obligation to defend, prosecute or continue
any lillgation.
7. DETERMINATION).. EXTENT OF LIABIliTY
AND COINSURANLE.
This policy is a contract of indemnitr against actual
monetary loss or damage sustained or mcurred by the
insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only
to the extent herein described.
(a) The liability. of the Company under.this policy
shaJlnot exceed tlie least of: "
(i) the Amount of Insurance stated in Schedule A;
or,
If loss should result from any act of the :insured
claimant, as stated above, that ad shall not void this
policy, but the Company, in that event, shall be required
to pay only that part of any losses insured against by
this policy which shall exceed the amount, if any, lost to
lhe Company by reason of the impairment by the
insured cfaimant of the Company's right of subrolj:ation:
(b) The Companv's R12hts Al!ainst Non-msured
~.
The Company's right of subrogation against 0.00.-
insured obligors shall exist and shall include, without
limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds,
notwithstanding any tenns or conditions contained in
those instruments which provide for subrogation rights
by reason of this policy.
14. ARBITRATION.
Unless prohibiJed by applicabk law, arbiJration
pUTSUlJnt to the TiJk Insurance ArbiJration Rules of
the American. ArbiJration Association may be
denulnded if agreed to by both the Company and the
Insured. Arbitrabk matters nulY include, but are 1WI
limited to, any controversy or claim between the
Company and the Insured arising out of or relating to
this policy, and service of the Company in connection
wiJh its isslUlnce or the breach of a policy provision or
other obligation. Arbitration purswmt to this policy
and under the Rules in effect on the date the demand
for arbiJraJion is made or, at the option of the Insured,
the Ruks in effect at DaII! of Policy shaU be binding
upon the parties. The award null inchuJeaJtomeys'
fees only if the laws of the state III which the land is
located pennit a court to award aJtorneys' fees to a
prevailing parry. Judgment upon the award rendered
by the Arbitrator(s) may be enUred in any court
havingjurisdiction thereof. .
The law of the situs of the land. shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the
Company upon request.
1S. LIABILITY LIMITED TO mlS POLICY;
POLICY ENTIRE CONTRACf.
(a) This policy together with all endorsements, if
any, attached hereto by the Company is the entire policy
and contract between the insured and the Company. In
interpreting any provision of this policy, thiS policy
shall be construed as a whole. "
(b) Any claim of loss or damage, whether or nol
based on" negligence, and which arises out of the stalus
of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to
this policy.
(c) No amendment of or endorsement to this
policy can be made except by a writi~g eridorsed hereon
or attacbedhereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the
Company.
and which might cause loss or damage for which the
Campa.ny may be liable by virtue of this policy, or (iii)
.. 7~ title "10 the estate or interest, as insured, is rejected as
unnlarketable. If prompt notice shall not be given to the
Company, then as to the insured all liability of the
Company shall terminate with regard 10 the mailer or
matters for which prompt notice IS required; provided,
however, that failure to notify the Company snail in no
case prejudice the rights of any insured under this policy
unless the Company shall be prejudiced by the failure
and then onl~ to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTION~
DUlY OF INSURED ClAIMANT Tv
COOPERATE.
(a) Upon written request by the insured and subject to
the opltons contained in Sed ion 6 of these Conditions
and. Stipulations, the Company, at its own cost and
without unreasonable delay, shall provide for the
defense of an insured in Iillgation in which any third
party asserts a claim adverse to the title or interest as
msured,but only as to those stated causes of actiOn
alleging a defect, lien or encumbrance or other matter
insurea against by this policy. The Company shall have
the right to select counsel of its choice (subject to the
right of .the insured to object for reasonable cause) to
represent.the insured as to those stated causes of adion
and shall not be liable for and will not pay the fees of
any other counsel. The Company will not pay any fees,
costs or .expenses. incurred by the insured in the defense
of those causes of adion which allege matters not
insured against by this policy. .
(b) The Company shallluive th~ right, at its o.wn cost,
10 mslltute and prosecute any action or proceed 109 or to
do any!other act which in its opinion may be necessary
or desirable to establish the title to the estate or interest,
as insured, or to prevent or reduCe loss ()T. damage to the
insured. The Company may take any appropriate action
under the terms of this pohcy, whether or not it shall be
liable hereunder, and snail not thereby concede liability
or waivea!lY prov.ision of this p'olicy. If the .Company
shall'exerclse Its nghts under tnls paragraph, It shall do
so diligently.
(c) Whenever the Company shall have brought an
aCllonor. interposed a defense as required or permitted
bythe.'pro,,:i~on.s of this policy, .the. Company may
pursue any ltuBallon to final deteTlmnallon by a court of
competenl jUTlsdiction and expressly reserves the right,
in . jlssole discretion, to appeal from any adverse
jUd~ent or order. .
( . In all cases where this policy pt;rmits or requires
the . ompany 10 prosecute or proVide for the defense of
any action or proceeding, the Insured shall secure to .the
Company the right to so prosecute or provide defense in
the. a!=tion or proceeding; and' a)1 ap~als therein, and
permu.the Coinpany to use, at Its optIon, the name of
lhe insured for this purpose. Whenever requested by the
~ompany the insured, at the Compan.Y'~ expense., shall
gJve'.\he;&;mpany .all rea5!lnableald (I), I!I any a,cllonor
proceedmg, secunng eVIdence, obtammg Witnesses,
!,!osecuting or defending the action or proceeding, or
effecting settlement, ana (ii) in any other lawful ad
which in the opinion of the Company may:be necessary
or desirable to establish the title to .the estate or interest
as insured. If the Comflany is prejudiced by the failure
of tbe insured to furnish the required cooperation, the
Company~s obligations to the insured under the policy
shalLterminate, mcluding any liability or obligal1on io
defend, . prosecute, or contmue any litigation, with
regard !o the mailer or matters requiring such
coo-.JlCralJon.
s. PROOF OF LOSS OR DAMAGE.
In 'addition to and after the notices. required under
Section.. 3 of these Conditions and Stipulations have
been'proyided the Company, a proof of Joss or damage
signed and sworn to by tlie insured claimant shall lie
furnished to the Company within 90 days after the
. insured claimant shall ascertain the facts giving rise to
the Joss ,or damage. The proof of loss or ilamage shall
describe the defed in, or lien or encumbrance on the
title; ar other mailer insured against by this flolicy which
constitutes the basis of Joss. or damage and shall state, to
the. extent possible, the basis of calculating the amount
of the loss or damage. If the Company is prejudiced by
the failure of the insured claimant to provide the
required . proof of loss or damage, the Company's
obligations to the insured under the policy shall
. termmate, including any liability or obligation to
defend,prosecute, or continue any litigation, with
regard to the matter or matters requiring. such proof of
loss or damage.
In addition, the insured claimant may reasonably be
required to submit to examination under oath by any
authorized representative of the Company and shall
produce for examination inspection and copying, at
such reasonable times and places as may be designated
by any authorized representative of the Company, all
records, books, ledgers, checks, correspondence and
memoranda, whether bearing a date before or after Date
of Policy; which reasonal5Jy .pertain to the loss or
damage. Further if requested by 'any authorized
representative of the Companx, the insured claimant
shliIl grant its permission, in wnting, for any authorized
representative of the Company to examine, inspect and
coJly.:all.records, books, ledgers checks, corresQOndence
anilmemoranda. in the custOdy or control of a third
party, which reasonably pertain to the loss or damage.
. (ii) the difference between the value of the insured
estate or interest as insured and the value of.the insured
estate or interest subject to the defect, lien or
encumbrance insured against by this policy.
(b) (This paragraph dealing with Coinsurance was
removedfrom Florida policies.)
(c) The Company will pay only those costs,
attorneys' fees and expenses incurred in accordance with
Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists .of two or
more parcels which are not used as a single site, and a
loss is established affecting one or more of the parcels
but not all, the loss shall be computed and sellled on a
pro rata basis as if the amount of insurance under this
policy was divided pro rata as to the value on Date of
Policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed
upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by
an express statement or by an endorsement attached to
this policy.
9. UMITATION OF UABIUTY.
(a) If the Company establishes the title, or removes
the alleged defect, lien or encumbrance, or cures the
lackof aright of access to or from the land, or cures the
claim of unmarketability of title, all as insured,in a
reasonably diligent manner by any method, including
litigation and the. completion of any appeals therefrom,
it shall have fully performed its obligations with respect
to. that mailer and shall not be liable for any loss or
damage caused thereby. .
(b) In the event of any litigation, including litigation
by the Company or with the Company's consent, the
Company shall have no liability for loss or damage until
there has be~n a final determination. by a court of
competent jurisdiction, and disposition. of all appeals
therefrom, adverse .lo.thetitle as Insured.
(c) .The Company shall not be liable for loss or
damage to any insured for liability voluntarily assumed
by the insured in sellling any claim or suit. without the
prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION
OR TERMINATION OF LIABILITY.
All payments under this policy, except payments
made for costs, attorneys' fees and expenses, shall
reduce the amount of the msurance pro tanto. .
11. UABILITY NONCUMUlATIVE.
, It is expressly understood that the amount of
insurance under this policy shall be reduced by any
amount the Company may pay under any policy
insuring a mortgage to which exception is taken in
Schedule B or to which the insured has agreed,
assumed, or taken subjC;d, or which is hereafter
executed by an. insured and which is a charge or lien on
the estate or interest described or referred to in Schedule
A, and the amount so paid shall be deemed a paym~nt
under this policy to the insured owner. .
12. PAYMENT OF LOSS. .
(a) No payment shall be made without producing
this. policy for endorsement of the payment unless the
policy has been lost or destroyed, in which case proof of
loss or destruction shall be furnished to the satisfaction
of the Company. .
(b) When liability and the extent of loss or damage
has been definitely fixed in accordance with these
Conditions and Stipulations, Ihe loss or damage shall be
payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR
SEITLEMENT.
(a) The Comoanv's Ri2ht of Subr02ation.
Whenever the Company shall have sellled and paid a
claim under this policy, all right of subrogation shall
vest in the Company. unaffected by any act of the
insured claimant.
The Company shall be subrogated to and be entitled
to all rights and remedies which the insured claimant
would have had against any person or property in
respect to the claim had this policy nol been issued. If
requested by the Company, the insured claimant shall
transfer to the Company all rights and remedies against
any person or property necessary in order to perfed this
right of subrogat.ion. . The insured claimant shall permit
the Company to sue, compromise or settle in the name
of the insured claimant and to use the name of the
insured claimant in any transaction or litigation
involving these rights or remedies.
If a payment on aceo!!nt of a claim does not fully
cover the loss of Ihe insured claimant, the Company
shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears .to the
whole amount of the loss.
16. SEVERABILITY.
In the event any provision of the policy is held
invalid or unenforceable under applicable law, the
policy shall be deemed not to include that provision and
all olher provisions shall remain in full force and effed.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and
any statement in writing required to be furnished the
Company shall" include the number of this policy and
shall be addressed to the Company, Attention: Claims
Department, 1 First American Way, Santa Ana,
California 92707.
'....'
o
City Commission Memorandum 1111 Lincoln Road Vacation
Apri/11, 2007
Page 8 of 8
"E" Planning Analysis
lD
IB
PLANNING DEPARTMENT
MEMORANDUM
TO: Fred Beckmann, Public Works Director
FROM, Jorge Gomez, Planning Director t-
DATE: April 4, 2007
SUBJECT: Analysis of Proposed Alley Vacation - 111 Lincoln Road
Fred:
Pursuant to your request, this memorandum will serve as an analysis of the proposed vacation
of portion of alley on Alton Court in exchange for a larger portion of land adjacent to N. Lincoln
Lane to be dedicated by for City ROW purposes.
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or lease
of City-owned land be analyzed from a planning perspective so that the City Commission and
the .public are fully appraised of all conditions relating to the proposed sale or lease. The
following is an analysis of the criteria delineated in the Code:
1. Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city comprehensive plan.
Consistent - The property being vacated by the City is within the CD-2 Commercial
Medium Intensity future land use category, and the property being given back to the City
is within the CD-3 Commercial High Intensity future land use category. The vacation and
exchange is consistent with the future land use category description contained in the
Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further evaluation of
traffic impact is needed, the proponent shall be responsible for obtaining a traffic
impact analysis from a reputable traffic engineer.
Consistent - No negative impact is anticipated by the proposal, as the result will be an
improvement in traffic circulation in the alleyway. There would be no diminution of open
space as no new construction is being proposed. No additional utility or infrastructure is
expected to be necessary.
3. A determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the city's revenue base,
creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
Analysis of Proposed Alley Vacation - 111 Lincoln Road
March 30, 2007
Page 2 of 2
Consistent - This proposal does not expand the revenue stream to the City; however,
the proposed 1111 Lincoln Road project associated with the vacation does have the
potential to create additional jobs.
4. Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create environmental intrusions,
and evaluation of the design and aesthetic considerations of the project.
Consistent - The surrounding neighborhood will not be negatively affected.
5. The impact on adjacent properties, whether or not there is adequate parking,
street and infrastructure needs.
Consistent - The impact on adjacent properties should be minimal. No further
infrastructure needs are anticipated.
6. A determination as to whether or not alternatives are available for the proposed
disposition, including assembly of adjacent properties, and whether the project
could be accomplished under a private ownership assembly.
Not applicable - These properties are adjacent to alleyways and do not involve other
properties.
7. Within the constraints of public objectives, the department should examine
financial issues such as job generation, providing housing opportunities, and the
return to the city for its disposition of property.
The 1111 Lincoln Road project may create additional jobs; a small number of new
apartment units are being created. The return to the city is a larger, more valuable piece
of land which may be used to improve traffic circulation within the alleyways and parking
lots.
8. Such other issues as the Planning Department may deem appropriate in analysis
of the proposed disposition.
Not applicable - The Planning Department has no other issues it deems appropriate to
analyze for this proposal.
JGG/RGL
F:\$ALL\GEN_CORR\INTEROFF\1111 Lincoln Rd. Alley Vacation.doc
'vVe ole committed 10 providing excellent pubk service and solety to all who live, work, and
(Jur vibront,
historic community