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Home My WebLink AboutAffidavit of Compliance & Release 2G 3 (00�' p 1 `E�(:C� °T+E :i3 ; ) :_L'`} e This instrument prepared by or under the supervision of, (and after recording return to): STATE Fi-oRI COUN O c'?r HEREBY CER71FY : � Name: Kimberly LeCompte Esq. vrin4 c Address: Greenberg Traurig A �� 333 Avenue of the Americas (333 S.E. 2 nd Avenue) WITP4 - ry , � y � { ( y ,, / ,� Miami, Florida 33131 HARV Y Rt.i�'m, of S � q y` D.G. DY AFFIDAVIT OF COMPLIANCE The undersigned, being a Vice President of TRG - Block One, Inc., a Florida corporation, the sole general partner of TRG - BLOCK ONE, Ltd., a Florida limited partnership, being by me first duly sworn, deposes and says: 1 This Affidavit of Compliance is being 'given in connection with (a) that certain Termination and Abandom Agreement dated November 1, 2006 and.recorded- in Official Record Book 25266, Page 2510 of the Public Records of Miami - Dade County, Florida (the "Termination Agreement "), and (b) that certain Release of Subsurface Rights by the City of Miami Beach, Florida dated November 1, 2006 and recorded in Official Record Book 25266, Page 2514 of� the Public Records of Miami -Dade County, Florida (the "Release Agreement "). 2. The undersigned hereby confirms that the conditions set forth in clause (a) of Section 2 of both the. Termination Agreement and the Release Agreement have occurred. 3. Under penalties of perjury the undersigned .declares that it has examined this Affidavit and, to the _best of its knowledge, it is true d c plete. Name: Matthew Allen Title: Vice Presi ent STATE OF FLORIDA ) SS: COUNTY OF MIAMI -DADS ) SWORN TO AND SUBSCRIBED before me this rZ " day of September, 2011 bv' J Matthew J. Allen. Such individual is - nersonilly known to m or has produced as identification. My Commission Expires: ZQ/ 2 ,...% ................�� 'PAGE ......... gtary Public State of Florida y. co�to# DD078M # Cffnmission 0 No. • 40.00 790 , _ 4 �'NQTARIAL - SEAL S Notary Am.. boll MIA 182,145 430x2 -: c ceun.•nn.ns��..�.....s .u.a9 , CF N 2007R0033348 OR Bk 25266 Pas 2514 - 2517! (49s) RECORDED 01/10/2007 13'00:21 HARVEY RUVIN# CLERK OF COURT This instrument prepared by and returned to: MIAMI -DADE COUNTYP' FLORIDA Laura R. ' Gangemi, Esq. Greenberg Traurig P.A, 1221 Brickell Avenue Miami, Florida 33131 RELEASE OF SUBSURFACE RIGHTS THIS RELEASE OF SUB URFACE RIGHTS (the "Release ") is executed and delivered as of the day of &y1j&0y , 2006, by the CITY OF - MIAMI- BEACH, FLORIDA, a Florida municipal corporation, the mailing address of which is 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City").. RECITALS 1. TRG -BLOCK ONE, LTD., a Florida limited partnership ( "TRG -Block 1 "), is the owner. of certain lots and .other property legally described on Exhibit "A" attached hereto (the "TRG Property ") located within Block 1 of the plat of OCEAN BEACH, FLA, according to the Plat thereof, as recorded in Plat Book 2 at Page 38 of the public records of Miami -Dade County, Florida (the "Plat "). 2. Block 1 of the Plat includes a twenty foot (20') wide, alley (the "Alley ") that the Plat dedicates -to the perpetual use of the public (such dedication is referred to herein as the "Plat Use Dedication'). 3. The portion of the Alley that lies westward of Lots 5 through 8 in Block 1 of the Plat and eastward of Lots 9 through 13 in Block 1 of the Plat has been vacated and the public use rights therein terminated pursuant to Resolution No. 2004 - 25655. The portion of the Alley that lies westward of lots 1 through 4 in Block 1 of the Plat and eastward of Lots 14 through 17 in Block 1 of the Plat ha.s not been vacated. Such portion of the Alley is referred to herein as the "Open Alley" 4. TRG -Block 1 intends to build certain subsurface improvements under certain portions of the Open Alley, and. in connection therewith, TRG -Block l has requested the City to release and terminate-all subsurface rights it has with respect to the Open Alley that are created by virtue of the Plat Use Dedication. 5. The City has agreed pursuant to the terms and conditions of this Release to release and terminate all subsurface rights it has with respect to the Open Alley that are created by virtue of the'Plat Use Dedication. Book25266/Page2514 CFN #20070033348 Page 1 of 4 NOW, THEREFORE, in consideration of the Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City hereby declares and agrees as follows: 1. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Subject to and conditioned upon either (a) compliance by TRG -Block l with any required conditions of the City and all utility companies with regard to any and all costs and work related to relocation of utility easements within the Open Alley, or (b) receipt by TRG- Block 1 of letters of agreement of no objection by such utility companies, the City releases and terminates all, subsurface rights it has with respect to the Open Alley, : including without limitation, any subsurface easement rights. Upon the occurrence of either 2. (a) or (b), TRG - Block 1 shall record a statement in the recorder's office of the Clerk of Court of Miami -Dade County, Florida referencing this Release and stating that either (a) or (b) has occurred and submit a copy thereof to the City Clerk. 3. , Upon the occurrence of either 2: (a) or (b), and the required recording and submittal provided in paragraph 2, all subsurface rights, including without limitation, any subsurface easement rights, that the City has with respect to the Open Alley, shall° be deemed fully and forever canceled, terminated, extinguished, abandoned and held for naught and shall be released to the respective abutting property owners within Block 1 of the Plat. The City's interest in the Open Alley shall remain in full force and effect until the items in 2 above occur, including the statement recorded and copy thereof'submitted to the City Clerk. 4. The City reserves all surface rights it has with respect to the Open Alley that are created by virtue of the Plat Use Dedication. TRG - Block 1 shall . use reasonable, good faith efforts during the period of construction of the improvements it intends to construct within the Open Alley to minimize the construction dirt and debris on the surface of the Open Alley. After completion of construction of such improvements, TRG -Block 1 shall repair any damage it causes to the surface of the Open Alley. 5. Execution of this Release by the City shall not, in and of itself, be deemed to be an approval by the City to any transfer of floor area or floor area ratio rights within the TRG Property. This Release shall be binding upon the City and its successors and assigns, and shall inure to the benefit of the respective abutting property owners within Block 1 of the Plat and their respective successors and assigns. Book25266 /Page251 5 CFN #26076633348 Page 2 of 4 i ' c Att CITY F I I BEACH, FLORIDA, a mu icip 1 po tion Cit§ Clerk Robert Parches B APPROVED TO MAYOR FORM & LANGUAGE David Dermer & EXEC TION ey ate City gine r Date STAT OF FLORIDA } } SS: COUNTY OF MIAMI -DADS } I HEREBY CERTIFY that the foregoinu strument .was acknowledged ' and executed before this day of �� 2006, by tQrw& Y , as Mayor of The City of Miami Beach, a municipal corporation, on behalf of said entity. He/She [check one] is personally known to me, or has produced ev'de ce of hi entity satisfactory to me. - Notary Pu , State f Florl [ STATE OF FLORIDA } Y: KERRY HERNANDEZ �: .: MY COMMISSION # DD 175 ! } SS: P. EXPIRES: May 3, 2007 COUNTY OF MIAMI -DADE } y -� � Notary T�"� �ry Public underwriters writers HEREBY CERTIFY that the foregoing instrument wa acknowledged and executed before this day of D tJ. , 2006, by }Q p��Y�" P) " ; , y , as City Clerk of The.Citt of Miami Beach, a municipal corporation, on behalf of said entity. He/She [check one] h is personally known to me, or has produced a id nce o s identity satisfactory to me. i Nota ary Seal} 't*� "'%'•• KERRY HERNANDEZ MY COWISSION # DD 175491 F: Matto lHELG1L[TiGATilAlaskalBtock 1 20061TRG Block One Release o ttb, a taser�glr��?0606. c dpi „G Bonded Thru Notary PuU;c Underwhters k Book25266 /Page2516 CFN #20070033348 Page 3 of 4 OR BK 25266 PG 2517 LAST PAGE Property Owned by TRG- Block One Ltd., (the "TRG Property ") Lots 1 -3, 5 -13, 17, Block 1, Ocean Beach Florida Subdivision, according to the plat thereof, recorded at Plat Book 2, Page 38, in the Public Records of Miami -Dade County, Florida. Exhibit "A" Book25266 /Page2517 CFN #20070033348 Page 4 of 4