2011-27765 Reso RESOLUTION NO. 2011-27765
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A JOINDER TO THE
DECLARATION OF RESTRICTIVE COVENANT BETWEEN AR&J
SOBE, LLC. AND MIAMI-DADE COUNTY, RELATED TO
COMPLETION OF THE BROWNFIELD SITE REMEDIATION
ACTIVITIES.
WHEREAS, in September 2002, a Preliminary Site Assessment Report (SAR)
was submitted to the Miami-Dade County Department of Environmental Resources
Management (DERM) by AR&J Sobe, LLC (AR&J), for five Brownfield sites located on ,
the site where the Fifth and Alton Shopping Center was constructed, and
WHEREAS, subsequently, AR&J submitted a Source Removal Summary Report,
Supplemental Site Assessments and an Engineering Control Plan to DERM, which set
forth the nature and extent of the contamination on the property, and, which furthermore,
document that the contamination does not extend off the property; and
WHEREAS, AR&J Sobe has completed all Brownfield remediation activities
required for the site, and
WHEREAS, the attached Covenant between AR&J and DERM has been
approved by Miami-Dade County and, after the Covenant is recorded in County records,
DERM will issue a Site Rehabilitation Completion Order with Conditions, and AR&J will
receive their "No Further Action" letter which will result in final closure to the
environmental remediation activities, and
WHEREAS, the City of Miami Beach owns a condominium unit of 500 parking
spaces in the Fifth and Alton Shopping Center; and
WHEREAS, as a result of this ownership, the City is required to execute a
Joinder to the Covenant prior to its execution by Miami-Dade County; and
WHEREAS, the City's rights are unaffected by the Covenant, and the City does
not have any liability for contamination or brownfield-related responsibilities on the site
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Clerk are authorized to execute a Joinder to the Declaration of Restrictive Covenant
between AR&J Sobe, LLC , and Miami-Dade County, related to completion of the
Brownfield site remediation activities
PASSED and ADOPTED this 19th day of October, 201,1.
M A OR MAT H 'RE°A B0174T' .....Q o�
I ;' �j y�y APPROVED AS TO
INCORP ORATED: *J FORM &LANGUAGE
•
ATTEST &FOR EXECUTION
?T./ PI / titls;,4t ...'''''''''' '''
ROBERT E R, TY ER -.'4'
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the Mayor and City Clerk to Execute the Joinder to the Declaration
between AR&J Sobe, LLC., and Miami-Dade County.
Key Intended Outcome Supported:
N/A
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the City execute the joinder to the Declaration of Restrictive Covenant that will complete the
brownfield remediation activities at the Fifth and Alton Shopping Center site?
Item Summary/Recommendation:
In September 2002, a Preliminary Site Assessment Report (SAR) was submitted to the Miami-Dade
County Department of Environmental Resources Management(DERM)by AR&J Sobe, LLC(AR&J),for
five brownfield sites located on the site where the Fifth and Alton shopping center was constructed
Subsequently,AR&J submitted a Source Removal Summary Report,Supplemental Site Assessments and
an Engineering Control Plan to DERM These reports set forth the nature and extent of the contamination
on the property Furthermore, these reports document that the contamination does not extend off the
property
AR&J Sobe has completed all brownfield remediation activities required for the site The attached
Covenant between AR&J and DERM has been approved by Miami-Dade County After the Covenant is
recorded in County records, DERM will issue a Site Rehabilitation Completion Order with Conditions,and
AR&J will receive their "No Further Action" letter which will result in final closure to the environmental
remediation activities
The City of Miami Beach owns a condominium unit of 500 parking spaces in the Fifth and Alton Shopping
Center As a result of this ownership, the City is required to execute a joinder to the Covenant prior to its
execution by Miami-Dade County The City's rights are unaffected by the Covenant,and the City does not
have any liability for contamination or brownfield-related responsibilities on the site.
The Administration recommends approving the resolution
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1
n/a 2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Kevin Crowder, City Manager's Office
S
Sci n-Offs:
Department Director Assis •, City Manager City Manager
KC JGG
f
T•\AGENDA\2010\March 10\Regular\Classified Leave 0 sin- ce GSA Summary second reading.doc
AGENDA ITEM G7n
MIAMIBEACH DATE 10-19- 8
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www miamibeachfl.gov
COMMISSION MEMORANDUM
TO. Mayor Matti Herrera Bower and Members of the C' y Commission
FROM. Jorge M. Gonzalez, City Manager
DATE. October 19, 2011 la
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A JOINDER TO THE DECLARATION OF
RESTRICTIVE COVENANT BETWEEN AR&J SOBE, LLC. AND MIAMI-
DADE COUNTY, RELATED TO COMPLETION OF THE BROWNFIELD SITE
REMEDIATION ACTIVITIES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND AND ANALYSIS
In September 2002, a Preliminary Site Assessment Report (SAR) was submitted to the
Miami-Dade County Department of.Environmental Resources Management (DERM) by
AR&J Sobe, LLC (AR&J), for five brownfield sites located on the site where the Fifth and
Alton shopping, center was constructed. Subsequently, AR&J submitted a Source
Removal Summary Report, Supplemental Site Assessments and an Engineering Control
Plan to DERM. These reports set forth the nature and extent of the contamination on the
property. Furthermore, these reports document that the contamination does not extend
off the property
AR&J Sobe has completed all brownfield remediation activities required for the site The
attached Covenant between AR&J and DERM has been approved by Miami-Dade
County. After the Covenant is recorded in County records, DERM will issue a Site
Rehabilitation Completion Order with Conditions, and AR&J will receive their"No Further
Action" letter which will result in final closure to the environmental remediation activities.
The City of Miami Beach owns a condominium unit of 500 parking spaces in the Fifth
and Alton Shopping Center As a result of this ownership, the City is required to execute
a joinder to the Covenant prior to its execution by Miami-Dade County. The City's rights
are unaffected by the Covenant, and the City does not have any liability for
contamination or brownfield-related responsibilities on the site.
CONCLUSION
The Administration recommends that the City Commission approve the Resolution
Attachment
JMG/JGG/kc
T•AGENDA\2011\10-19-11\ARJ DERM memo.doc
This instrument prepared by
David E. Sacks, Esq.
Pathman Lewis, LLP
2 S Biscayne Blvd., Suite 2400
Miami, Florida33131
DECLARATION OF RESTRICTIVE COVENANT AND SUBORDINATION OF
MORTGAGE TO DECLARATION OF RESTRICTIVE COVENANT
Whereas, the undersigned GRANTOR, AR & J SOBE, LLC, together with the City of
Miami Beach and 5th and Alton Condominium Association, Inc , collectively hold the fee
simple title to the land in Miami-Dade County, Florida, described in Exhibit "A", attached
hereto, and hereinafter called the "Property", and Grantor herein makes the following
Declaration of Restrictive Covenant covering and running with the Property in favor of
Miami-Dade County (hereinafter "MDC") and the public
RECITALS
A. The Brownfield Site Identification Number for the Property is BF130001001 The
facility name at the time of this Declaration is 5th& Alton Shopping Center.
B The Property was impacted by petroleum constituents and arsenic, as
documented in the following reports that are incorporated by reference
• Brownfields Sites No 1 - 5 In September 2002, a SAR was submitted A
Preliminary Site Assessment Report ("SAR"), dated January 2001, was originally
submitted to summarize the environmental concerns across the entire
Brownfields Area (Sites 1 — 5)
• Brownfields Site No. 1 In October 2001, a SAR was submitted, followed by
quarterly groundwater monitoring On August 13, 2007, EE&G submitted a
letter-report providing an updated status of groundwater sampling, with a request
for No Further Action with Conditions (NFAC)
• Brownfields Site No. 2. In October 2001, a SAR was submitted, followed by a
SAR Addendum On May 4, 2007, EE&G submitted a letter-report providing an
updated status of soil and groundwater sampling and underground storage tank
(UST) closure, with a request for NFAC On August 13, 2007, EE&G submitted a
letter-report providing an updated status of soil and groundwater sampling and
underground storage tank (UST) closure, with a request for NFAC
Page 1 of 11
MIAMI 1837040.2 7198217084
• Brownfields Site No. 3. In October 2001, a SAR was submitted, followed by a
SAR Addendum. On August 14, 2007, EE&G submitted a letter-report providing
an updated status of groundwater sampling, with a request for NFAC
• Brownfields Site No. 4 In January 2002, a SAR was submitted, followed by
quarterly groundwater monitoring On August 14, 2007, EE&G submitted a letter-
report providing an updated status of soil and groundwater sampling, with a
request for NFAC
• Brownfields Site No 5 In September 2002, a SAR was submitted, followed by a
SAR Addendum, dated January 2003, an Interim Source Removal Report, dated
July 2003, a Limited Remedial Action Plan, dated October 2003, and a Limited
Remedial Action Plan Addendum, dated January 2004 EE&G submitted a
Natural Attenuation Monitoring Plan & Conditional No Further Action summary
report, dated December 2005 On August 14, 2007, EE&G submitted a letter-
report providing an updated status of soil and groundwater sampling, with a
request for NFAC On August 13, 2007, EE&G submitted a letter-report providing
an updated status of groundwater sampling, with a request for NFAC.
• Brownfields Sites No 2, 4 & 5 In April 2007, EE&G submitted a Source Removal
Summary Report and NFAC Plan
• Brownfields Sites No. 1 - 5 On February 13, 2008, EE&G submitted a
Supplemental Site Assessment and NFAC Report to comprehensively address
remaining environmental concerns across all five Brownfields Sites
• Brownfields Sites No. 1 - 5 On July 11, 2008, EE&G submitted a letter-report
that addressed remaining environmental concerns for all five Brownfields Sites
• Brownfields Sites No. 1 - 5 On September 25, 2009, EE&G submitted an
Engineering Control Plan ("ECP") which was approved by the Miami-Dade
County Department of Environmental Resources Management (DERM) on
December 7, 2009
C. The reports noted in Recital B set forth the nature and extent of the
contamination on the Property These reports confirm that contaminated soil and
groundwater as defined by Chapter 62-785, Florida Administrative Code (F.A.C.), exists
on the Property. Also, these reports document that the groundwater contamination
does not extend off the Property, the extent of the groundwater contamination does not
exceed 1/4 acre and the groundwater contamination is not migrating
D. It is the intent of the restrictions in this Declaration to reduce or eliminate the risk
of exposure of the contaminants to the environment and to users or occupants of the
Property and to reduce or eliminate the threat of migration of the contaminants
MIAMI 1837040.2 7198217084 Page 2 of 11
E After this Declaration has been recorded in the public records, MDC will issue a
Site Rehabilitation Completion Order with Conditions (the "Order") The GRANTOR
expressly acknowledges that this Order is conditioned on compliance with this
Declaration MDC can unilaterally revoke the Order if the conditions of this Declaration
or of the Order are not met after written notice to GRANTOR and a reasonable time to
cure Additionally, in the event concentrations of petroleum constituents and arsenic
increase above the levels approved in the Order, or if a subsequent discharge occurs at
the site, MDC may require site rehabilitation to reduce concentrations of contamination
to the levels allowed by the appropriate FDEP rules The Order relating to Brownfield
Site Identification No BF130001001 will when issued be on file with DERM
F GRANTOR deems it desirable and in the best interest of all present and future
owners of the Property that an Order be obtained and that the Property be held subject
to certain restrictions including engineering and institutional controls all of which are
more particularly hereinafter set forth herein and as set forth in the ECP which was
approved by the Miami-Dade County Department of Environmental Resources
Management (DERM) on December 7, 2009.
NOW, THEREFORE, to induce the DERM to issue the Order and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged
by each of the undersigned parties, GRANTOR agrees as follows.
Groundwater Restrictions
a There shall be no use of the groundwater on the Property There
shall be no drilling for water conducted on the Property nor shall
any wells be installed on the Property other than monitoring wells
pre-approved by MDC Additionally, there shall be no stormwater
swales, stormwater detention or retention facilities or ditches on the
Property For any dewatering activities, a Class V permit
application must be submitted to MDC to address and ensure the
appropriate handling, treatment, and disposal of any extracted
groundwater that may be contaminated
Soil Restrictions
a The area of soil contamination as located on the Property shall be
permanently covered and maintained with an impermeable material
and/or two (2) feet of clean and uncontaminated soil that prevents
human exposure and prevents water infiltration
b. Excavation and construction below land surface is not prohibited
provided that prior written approval by DERM, its successors or its
assigns is obtained and any contaminated soils that are excavated
are removed and properly disposed of pursuant to Chapter 62-785,
F.A.0 and any other applicable local, state, and federal
MIAMI 1837040.2 7198217084 Page 3 of 11
requirements Nothing herein shall limit any other legal
requirements regarding construction methods and precautions that
must be taken to minimize risk of exposure while conducting work
in contaminated areas
Other Restrictions
All future lease agreements involving the Property shall require the following.
a Any structural alterations, including slab penetrations, by a tenant
will require advance notice to the landlord as Grantor hereunder
b. All tenants shall receive a copy of this Declaration
1 For the purpose of monitoring the restrictions contained herein, MDC or its
respective successors and assigns shall have site access to the Property at
reasonable times and with reasonable notice to the GRANTOR and its
successors and assigns
2. This Declaration on the part of GRANTOR shall constitute a covenant running
with the land and may be recorded, at GRANTOR's expense, in the public
records of MDC and shall remain in full force and effect and be binding upon
the undersigned GRANTOR, and GRANTOR's heirs, successors and assigns
until such time as the same is modified or released These restrictions during
their lifetime shall be for the benefit of, and limitation upon, all present and
future owners of real property and for the benefit of MDC and the public
welfare GRANTOR, and GRANTOR's heirs, successors and assigns,
acknowledge that acceptance of this Declaration does not in any way obligate
or provide a limitation on MDC The State of Florida Department of
Environmental Protection (FDEP), MDC, and their successors and assigns
may enforce the terms and conditions of this Declaration by injunctive relief
and other appropriate available legal remedies Any forbearance on behalf of
MDC to exercise its right in the event of the failure of the GRANTOR, its
successors and assigns to comply with the provisions of this Declaration shall
not be deemed or construed to be a waiver of MDC's rights hereunder This
Declaration shall continue in perpetuity, unless otherwise modified in writing
by GRANTOR, its successors and assigns and MDC, its successors and
assigns as provided in paragraph 4 hereof These restrictions may also be
enforced in a court of competent jurisdiction by any other person, firm,
corporation, or governmental agency that is substantially benefited by this
restriction
3 In order to ensure the perpetual nature of these restrictions, GRANTOR, its
successors and assigns, shall reference these restrictions in any subsequent
MIAMI 1837040.2 7198217084 Page 4 of 11
deed of conveyance, including the recording book and page of record of this
Declaration
4. This Declaration may be modified, amended, or released as to the land herein
described, or any portion thereof, by a written instrument executed by the,
then, owner(s) of all of the Property, including joinders of all mortgagees,
provided that the same is also approved in writing by MDC or its successors
and assigns To receive prior approval from MDC to remove any requirement
herein, cleanup target levels established pursuant to Florida Statutes and
FDEP rules must have been achieved. This Declaration may be modified in
writing only. Any subsequent amendment must be executed by both
GRANTOR and MDC or their respective successors and assigns and be
recorded by GRANTOR or its successors and assigns, as an amendment
hereto
5 If any provision of this Declaration is held to be invalid by any court of
competent jurisdiction, the invalidity of such provision shall not affect the
validity of any other provisions thereof All such other provisions shall
continue unimpaired in full force and effect.
6. GRANTOR covenants and represents that on the date of execution of this
Declaration that GRANTOR, together with the other parties noted above and
whose joinders are attached, is seized of the Property in fee simple and has
good right to create, establish, and impose this restrictive covenant on the
use of the Property GRANTOR also covenants and warrants that the
Property is free and clear of any and all liens, mortgages, or encumbrances
that could impair GRANTOR'S rights to impose the restrictive covenant
described in this Declaration or that would be superior to the restrictive
covenant described in this Declaration, except for the mortgage in favor of
Metropolitan Life Insurance Company, whose joinder is attached
[SIGNATURES & NOTARY ON NEXT PAGES]
MIAMI 1837040.2 7198217084 Page 5 of 11
IN WITNESS WHEREOF, AR&J SOBE, LLC, a Florida limited liability
corporation, has accepted this instrument, this day of , 2011
Signed, Sealed and Delivered AR& J SOBE, LLC, a Florida limited
In The Presence Of liability corporation, by Berkowitz Limited
Partnership, its General Partner
By
Print Name: JEFFREY BERKOWITZ,
Manager
Print Name
Address of Grantor 2665 South Bayshore Drive, Suite 1200
Miami, Florida33133
(CORPORATE SEAL)
STATE OF FLORIDA 1
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2011 by Jeffrey Berkowitz as Manager of Berkowitz Limited Partnership, General Partner
of AR & J Sobe, LLC, a Florida limited liability company, on behalf of the company, who
is personally known to me or produced as
identification
NOTARY PUBLIC, STATE OF FLORIDA
Print Notary Name
Commission No
My Commission Expires.
MIAMI 1837040.2 7198217084 Page 6 of 11
Approved as to form by Miami-Dade County Attorney's Office
by
IN WITNESS WHEREOF, MDC has approved this instrument, this day of
, 2011
Signed and Delivered MIAMI-DADE COUNTY
in the Presence of
By
Print Name WILBUR MAYORGA
Chief of the Pollution Control Division
DERM
Print Name 701 NW 1 Court, Suite 400
Miami, Florida33136
STATE OF FLORIDA J
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2011, by Wilbur Mayorga, as Chief of the Pollution Control Division of DERM, who is
personally known to me or who produced as
identification
NOTARY PUBLIC, STATE OF FLORIDA
Print Notary Name
Commission No
My Commission Expires
MIAMI 1837040.2 7198217084 Page 7 of 11
SUBORDINATION OF MORTGAGE AND JOINDER TO
DECLARATION OF RESTRICTIVE COVENANT
THIS Subordination and Joinder is given as of the day of , 2011, on behalf
of Metropolitan Life Insurance Company, a New York corporation ("Mortgagee"), being the owner and
holder of that certain Amended and Restated Mortgage, Security Agreement, Fixture Filing and Notice of
Future Advance from Grantor ("Mortgagor") recorded September 12, 2007 in Official Records Book
25923, Page 674, of the Public Records of Miami-County, Florida, as amended and supplemented
WHEREAS, Mortgagor has requested Mortgagee join to the recording of the attached Declaration
of Restrictive Covenant (the "Declaration"), and to subordinate the lien and effect of the Mortgage to the
Declaration
NOW, THEREFORE, Mortgagee consents to the recordation of the Declaration and agrees that
the lien and effect of the Mortgage shall be subject and subordinate to the terms of the Declaration.
Mortgagee makes no warranty or any representation of any kind or nature concerning the
Declaration, any of its terms or provisions, or the legal sufficiency thereof None of the representations
contained in the Declaration shall be deemed to have been made by Mortgagee, nor shall they be
construed to create any obligation on Mortgagee to any person relying thereon Nothing contained herein
shall affect or impair the rights and remedies of Mortgagee as set forth in the Mortgage or in the
Declaration
Made as of the day and year first above written
IN WITNESS WHEREOF, the undersigned has accepted and delivered this Subordination of
Mortgage to Declaration of Restrictive Covenant this day of , 2011
Metropolitan Life Insurance Company, a New York
corporation
WITNESSES
By
Print Name Print Name.
Title
Print Name Address
(Corporate Seal)
STATE OF FLORIDA
SS:
COUNTY OF J
The foregoing instrument was acknowledged before me this day of , 2011 by
, as of Metropolitan Life Insurance Company, a New
York corporation, on behalf of the corporation, who is personally known to me or who produced
as identification
NOTARY PUBLIC, STATE OF FLORIDA
Print Notary Name
Commission No
My Commission Expires.
MIAMI 1837040.2 7198217084 Page 8 of 11
JOINDER OF 5th&ALTON CONDOMINIUM ASSOCIATION, INC.
5th&ALTON CONDOMINIUM ASSOCIATION, INC , a Florida corporation not for profit, being the
owner of portions of the Property referenced in the foregoing Declaration of Restrictive Covenant, hereby
agrees to accept all the benefits of, and be bound by all of the obligations imposed by, the foregoing
Declaration of Restrictive Covenant.
IN WITNESS WHEREOF, 5th&ALTON CONDOMINIUM ASSOCIATION, INC has caused these
presents to be signed in its name by its proper officer and its corporate seal to be affixed this
day of , 2011
WITNESSED BY 5TH&ALTON CONDOMINIUM ASSOCIATION,
INC , a Florida corporation not for profit
By
David Singer, Vice President
Print Name.
Print Name _ [CORPORATE SEAL]
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE )
The foregoing joinder was acknowledged before me this day of
2011, by David Singer, as Vice President of 5 &ALTON CONDOMINIUM ASSOCIATION, INC , a
Florida corporation not for profit, on behalf of said corporation He is personally know to me or has
produced as identification
Name
Notary Public, State of Florida
My Commission Expires. Commission No
(Notarial Seal)
MIAMI 1837040.2 7198217084 Page 9 of 11
Exhibit "A"1
Property
All of 5th and Alton Condominium, according to the Declaration of Condominium thereof recorded
in Official Records Book 27133, Page 4420, of the Public Records of Miami-Dade County, Florida
formerly legally described as.
Lot 1 through 16 in Block 104, of OCEAN BEACH FLORIDA, ADDITION NO 3,
according to the plat thereof as recorded in Plat Book 2, Page 81, of the Public Records
of Miami - Dade County, Florida less the South 10 feet of the East 50 feet of Lot 8 and
less the South 10 feet of the West 50 feet of the East 100 feet of Lot 8 and less the South
10 feet of Lot 9 in Block 104 of Ocean Beach, and less rights of way of record,
AND
That certain 20 foot wide alley, bounded on the east by the west boundary of Lots 1
through 8, Block 104, Ocean Beach Florida Addition No 3 according to the plat thereof
as recorded in Plat Book 2, Page 81 of the Public Records of Miami-Dade County,
Florida, bounded on the west by the east line of Lots 9 through 16, of said Block 104,
bounded on the north by the north line of Lot 1 of said Block 104 projected westerly; and
bounded on the south by the north line of the south 10 feet of Lot 8 of said Block 104
projected westerly
LESS AND EXCEPT the following described "bus stop" property.
A PORTION OF LOTS 14 THROUGH 16, BLOCK 104, OCEAN BEACH FLORIDA
ADDITION No 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 2 AT PAGE 81 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCE AT THE N W CORNER OF SAID LOT 16, THENCE RUN SOUTH 01
DEGREES 57 MINUTES 11 SECONDS EAST, ALONG THE EAST RIGHT OF WAY
LINE OF ALTON ROAD, FOR 25 03 FEET TO THE POINT OF BEGINNING, THENCE
SOUTH 46 DEGREES 57 MINUTES 38 SECONDS EAST FOR 9 19 FEET, THENCE
SOUTH 01 DEGREES 57 MINUTES 11 SECONDS EAST, ALONG A LINE PARALLEL
WITH AND 6 50 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE
EAST RIGHT OF WAY LINE OF ALTON ROAD, FOR 80 60 FEET, THENCE SOUTH 43
DEGREES 02 MINUTES 22 SECONDS WEST FOR 9 19 FEET, THENCE NORTH 01
DEGREES 57 MINUTES 11 SECONDS WEST, ALONG THE EAST RIGHT OF WAY
LINE OF ALTON ROAD, FOR 93 60 FEET TO THE POINT OF BEGINNING, ALL
LYING BETWEEN THE HORIZONTAL PLANES OF ELEVATION 3 00 FEET AND
ELEVATION 15 67 FEET, NATIONAL GEODETIC VERTICAL DATUM OF 1929
LYING AND BEING IN SECTION 03, TOWNSHIP 54 SOUTH, RANGE 42 EAST, CITY
OF MIAMI BEACH, MIAMI- DADE COUNTY, FLORIDA.
r\a r sobe\a r sobe-environmental\dots\declaration of restrictive covenant vers.8.doc
'The above property corresponds with tax folios 02-4203-352-0010, 02-4203-352-0020, 02-4203-352-
0030, 02-4203-352-0040 and 02-4203-352-0050; also 02-4203-009-8351, which is for reference
purposes only
MIAMI 1837040.2 7198217084 Page 11 of 11
JOINDER
CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, being the owner of
portions of the Property referenced in the foregoing Declaration of Restrictive Covenant, hereby agrees
(for itself and its successors and assigns) to accept all the benefits, and be bound by all duties,
responsibilities, obligations and burdens imposed upon it by the foregoing Declaration and attached
Exhibit, and further agrees that the terms of the foregoing Declaration of Restrictive Covenant are and
shall be binding upon the undersigned and its successors in title.
IN WITNESS WHEREOF, CITY OF MIAMI BEACH has caused these presents to be signed in its
name by its proper officer and its corporate seal to be affixed this d / sT day of
1) E S& ,, t3 t'Yl -- , 2011.
WITNESSES: CITY of MIAMI BEACH, FL RIDA, a municipal
corporation of the State of lorida
a rrer eo wer, May'off
Prin Name:
1700 Convention Center Drive
Miami Beach, FL 33139
Print Name: �Aat hA :ILIA _ Attn: City Manager
�" ' ( ATTEST:
By: 0
L/ S,4 � #4,-? � /rye Z Robert Parcher, Cit
Print Name: B
L2G�%l�c, [SEAL] �Q`.• ..�
Print Name: Z,
:INCORP ORATED.
STATE OF FLORIDA ) �4,0
SS: .•••
COUNTY OF MIAMI -DADE ) ��H2
The foregoing instrument was acknowledged before me this oZ 1 x day of
DcrcOw6L--�Z , 2011, by Matti Herrera Bower, as Mayor, and Robert Parcher, as City Clerk,
of the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf of
such municipal corporation. They are personally known to me or produced valid Florida driver's licenses
as identification. �xA,\BEAUl/, zf//i,
PQ ° � 29 ' 2p �� �� ; N ary Public
APPROVED AS TO
FORM & LANGUAGE o o nog 9837oi
& FOR EX ECUTION �, :�e ���e;:• oQ� Type, Print or Stamp Name
/,, ° : • F`���' My Commission Expires:
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M%bpA1 W 7198211 848 Page 10 of 10