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Public School Concurrency Share Mitigation Development 76 This This instrument prepared by and return to: Ana R. Craft, Esquire School Board Attorney's Office 1450 NE 2nd Avenue, #430 Miami, FL 33132 PUBLIC SCHOOL CONCURRENCY PROPORTIONATE SHARE MITIGATION DEVELOPMENT AGREEMENT THIS PUBLIC SCHOOL CONCURRENCY PROPORTIONATE SHARE MITIGATION DEVELOPMENT AGREEMENT ("Agreement"), is made and entered this day of 20 0 by and between THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a body corporate and political subdivision of the State of Florida, hereinafter referred to as "School Board" or "School District;"_whose- address is--1450,-NE__2ND Avenue;-1Vliaini� Florida-33132; - CITY OF MIAMI BEACH , a municipal corporation of the State of Florida, hereinafter referred to as City_, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139; and PALAU SUNSET HARBOR, LLC (a Delaware limited liability company) hereinafter referred to as "Applicant," whose address is 444 N.E. Wavecrest Court,Boca Raton,Florida 33432 , collectively referred to herein as the"Parties." RECITALS: WHEREAS, the Applicant (also referred to herein as "Property Owner") is the fee simple owner of that certain tract of land (Folio # 0232330220220) located in the City , more particularly described on Exhibit "A," attached hereto and incorporated herein by reference (the "Property"). The location of the Property described in Exhibit SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- FORM "B" CLOSED—AGREEMENT 05/31/13 Page 1 of 21 "A" is further illustrated within a Sketch To Accompany A Legal Description, certified to the School Board, appearing in Exhibit"B;"and WHEREAS, the Applicant has submitted an application seeking approval to develop no more than 50 residential dwelling units on the Property (the "Development Proposal"); and WHEREAS, the School Board and the City entered into that certain Amended and Restated Interlocal Agreement for Public School Facility Planning in Miami-Dade County, dated December 12, 2007, adopted and executed by the City on February 13, 2008 to implement public school concurrency and to coordinate the approval of residential development with the provision of adequate public school facilities ("ILA"), incorporated herein by reference; and WIUREAS, the Design Review Board of the City of Miami Beach, Florida, issued Design Review Approval (DRB File No. 22889) on October 12, 2012 . (incorporated herein by reference), approving Applicant's Development Proposal, subject to conditions, one of which is Applicant's compliance with school concurrency requirements; and WHEREAS, the Parties agree that: (1) adequate School Facility Capacity is not available for one (1) of the Senior High School students generated by the proposed residential dwelling units, at the Level of Service Standard within the Concurrency Service Area in which the Development Proposal is located, to accommodate the anticipated number of public school students that the Development Proposal will generate; (2) the needed School Facility Capacity for the applicable Concurrency Service SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION-FORM "B" CLOSED—AGREEMENT 05/31/13 Page 2 of 21 Area is not available in any contiguous Concurrency Service Areas within the same Geographic Area; and(3) available School Facility Capacity will not be in place or under actual construction within three'(3)years after the approval of the Development Proposal; and WHEREAS, the Parties agree that authorizing these new residential dwelling units will result in a failure of the Level of Service Standard for School Facility Capacity in the applicable Concurrency Service Area, or will exacerbate existing deficiencies in Level of Service Standards; and WHEREAS, the Parties agree that Public School Concurrency shall be satisfied by the Applicant's execution of this legally binding Agreement and full compliance therewith, to provide mitigation proportionate to the demand for Public School Facilities to be created by these new residential dwelling units; and WHEREAS, the School Board, at its meeting of December 5, 2012 (Agenda Item F-2), authorized entering into a Public School Concurrency Proportionate Share Mitigation Development Agreement between the School Board and CLPF-NBV, L.P., which agreement is effective January 9, 2013, and is incorporated herein by reference (and hereinafter defined as"CLPF-NBV,L.P.Agreement"); and WHEREAS, as a part of the CLPF-NBV, L.P. Agreement, the School Board authorized the creation and establishment of the CLPF-NBV, L.P. Mitigation Bank, hereinafter referred to as"Mitigation Bank"or"Mitigation Bank#2012-001"; and SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- FORM"B" CLOSED—AGREEMENT 05/31/13 Page 3 of 21 WHEREAS, the Parties agree that the Applicant has selected as its Proportionate Share Mitigation option, the purchase of one (1) banked seat ("Monetary Proportionate Share Mitigation") from Mitigation Bank #2012-001, subject to contingencies set forth below; and WHEREAS, the Parties further agree that the Applicant shall pay the Monetary Proportionate Share Mitigation funds as further required herein; and, WHEREAS, The School Board of Miami-Dade County, Florida, has authorized the execution of this Agreement in accordance with Board Item F-2, Board Action No. 116,410, at its meeting of June 19, 2013; and WHEREAS, the City of Miami Beach, Florida, at its meeting of February 13, 2008, duly passed and adopted on that date, Resolution No.2008-26762, authorizing the Mayor or his/her designee to execute such other documents as may be necessary to carry out the intent of the ILA, in this case to enter into this Agreement; and WHEREAS, the Applicant has duly approved this Agreement, and represented to the School Board and to the City, and hereby confirms,that Meir Srebernik,has been and is hereby fully authorized to execute this Agreement on behalf of Applicant, pursuant to written consent issued June 18,2013. NOW, THEREFORE, in Consideration of the Sum of Ten Dollars ($10.00), the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound, hereby agree as follows: SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION - FORM`.`B" CLOSED—AGREEMENT 05/31/13 Page 4 of 21 1. INCORPORATION OF RECITALS. The foregoing recitals are true and correct and are hereby incorporated into this Agreement by this reference as if fully set forth herein. 2. DEFINITION OF MATERIAL TERMS. Any terms that are not defined herein are defined as set forth in the ILA or in the CLPF-NBV, L.P. Agreement. In the event of a conflict between the ILA, the CLPF-NBV, LP Agreement and this Agreement, the ILA shall control. 3. LEGALLY BINDING COMMITMENT. The Parties agree that this Agreement constitutes a legally binding commitment by the Applicant to provide Monetary Proportionate Share Mitigation for the Development Proposal for the Property sought to be approved by the Town. 4. MONETARY PROPORTIONATE SHARE MITIGATION. The Parties agree that the Applicant has elected to satisfy its Monetary Proportionate Share Mitigation requirement under this Agreement through the purchase of available student stations from the Mitigation Bank ("Capacity Credits" or "Banked Seats") by the Applicant and transfer thereto. The purchase price of the Banked Seat(s) has been established at Thirty Thousand one hundred ninety two dollars ($30,192) per seat. As such, the amount of the Monetary Proportionate Share Mitigation under this option shall be thirty thousand one hundred and ninety two dollars ($30,192) (i.e. 1 seat x $30,192 purchase price of a Banked Seat=Monetary Proportionate Share Mitigation payment). A. Payment: The Parties to this Agreement. covenant and agree that the Applicant will make its Monetary Proportionate Share Mitigation payment to SCHOOL BOARD/PROPORTIONATE SHARE NIITIGATION- FORM"B" CLOSED—AGREEMENT 05/31/13 Page 5 of 21 the School Board within forty two (42) days after approval of this Agreement by the School Board. Payment of the cost of the Banked Seats, in the amount of_Thirty Thousand one hundred ninety two dollars ($30,192), shall be by wire transfer or any other method of payment acceptable to the School Board's Office of Treasury Management ("Capacity Credits Purchase Funds"). The Monetary Proportionate Share Mitigation payment shall be non- refundable. B. Issuance of Finding: Upon the full execution of this Agreement by all appropriate Parties and receipt by the School District of the Capacity Credits Purchase Funds, and transfer of Capacity Credits to the Applicant, the School District shall issue a Finding of Available School Facility Capacity ("Finding")_pursuant_to-the.ILA.-The_duration.and effect._of.this_Finding.shall be in accordance with the ILA. , However, in no event shall this Finding, or any allocation of student seats based on this Finding ("School Concurrency Allocation'), continue to be effective if the Applicant fails to perform his/her/its obligations under this Agreement. Conversely, once Applicant has completely performed his/her/its obligations under this Agreement, Applicant shall be entitled to rely on the Finding and School Concurrency Allocation, subject to the terms and conditions stated therein. In the event Applicant fails to pay the Monetary Proportionate Share Mitigation Payment as provided for herein, the School District, at its sole option, may cancel this Agreement and return the Capacity Credit to the Mitigation Bank. Issuance of a Finding by SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- FORM "B" CLOSED—AGREEMENT 05/31/13 Page 6 of 21 the School District shall be a pre-condition to issuance of building permits by the Town for the subject Development Proposal. 5. EDUCATIONAL FACILITIES IMPACT FEE CREDIT. As consideration for the Applicant's Monetary Proportionate Share Mitigation specified herein, the Parties agree that the School District shall provide a credit toward any Educational Facilities Impact Fee(s) ("Impact Fee") imposed by Miami-Dade County ("County") ordinance for construction of the Development Proposal ("Impact Fee Credit"). The estimated value of the Impact Fee Credit shall be Thirty Thousand one hundred ninety two dollars ($30,192), which is the result of multiplying Thirty Thousand one hundred ninety two dollars ($30,192) (the purchase price of each Banked Seat, as established in Section 4 of this Agreement) by the number of seats purchased by the Applicant -_ one___(1), resulting_inan_estimated__Impact_ Fee Credit.-amount of. Thirty_ Thousand one hundred ninety two dollars ($30,192) (i.e. $30,192 purchase price of the Banked Seats x 1 purchased Banked Seat=$30,192). The final Impact Fee Credit amount shall be determined by the County, pursuant to the then current Miami-Dade County Educational Facilities Impact Fee Ordinance (Chapter 33K, of Miami-Dade County Code of Ordinances), the Interlocal Agreement Between Dade County and The School Board of Dade County, Florida, relating to Educational Facilities Impact Fee Monies, and the Metropolitan Dade County Educational Facilities Impact Fee Administrative Procedures Manual, as each may have been amended or may be amended from time to time. The amount of the Impact Fee 41119101����0 SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- FORM "B"CLOSED—AGREEMENT 05/31/13 Page 7 of 21 Credit will not include any administrative or other fees which the County may impose as part of its administrative process. 6. EFFECTIVE DATE. This Agreement shall take effect upon the last of the Parties signing this Agreement,but in no event later than July 31, 2013. Failure by the Parties to execute this Agreement by July 31, 2013 shall result in the revocation of the Concurrency Determination issued by the School District on November 6, 2012, incorporated herein by reference. 7. TERM. This Agreement shall expire upon the Parties' completion of their performance of all obligations herein or within six (6) years from Effective Date, whichever comes first. 8. STATUTORY COMPLIANCE. The Parties agree that this Agreement satisfies the requirements for a binding Proportionate Share Mitigation agreement in Section 163.3180(6)(h)2,Florida Statutes and as provided for in the ILA. 9. NOTICES AND DELIVERABLES. All notices or communications and deliverables under this Agreement by any Party to the others shall be sufficiently given or delivered if dispatched by (a) certified U.S. mail, postage pre- paid,return receipt requested, (b)hand delivery, (c) Federal Express or other comparable overnight mail service, (d) telephone facsimile transmission with transmission receipt, or (e) electronic mail to the following addresses, or as the same may be changed in writing from time to time. Whenever any of the Parties desires to give notice to the others, such notice must be in writing, addressed to the Party for whom it is intended at the place last specified. The place for giving of notice shall remain such until it is changed by written SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION - FORM"B" CLOSED—AGREEMENT 05/31/13 Page 8 of 21 notice in compliance with the provisions of this paragraph. Until otherwise designated by amendment to this Agreement, the Parties designate the following as the respective places for giving notice("Notice"): In the case of Notice or communication to the School Board: The School Board of Miami-Dade County,Florida c/o Superintendent of Schools 1450 N.E. Second Avenue, Room 912 Miami,Florida 33132 With copies to: Miami-Dade County Public Schools Facilities Planning Attn: Eco-Sustainability Officer 1450 N.E. Second Avenue,Room 525 Miami,Florida 33132 Arijo(a,dadeschools.net; and concurrencyAdadeschools.net The School Board of Miami-Dade County,Florida - -. c/o-School-Board--Attorney..----- 1450 NE 2 Avenue, Suite 400 Miami,Florida 33132 Walter.Harvey�dadeschools.net and Acraftkdadeschools.net In the case of Notice or communication to the Applicant: David E. Sacks, Esquire Pathman Lewis LLC Suite 2400, One Biscayne Tower 2 South Biscayne Boulevard Miami,Florida 33131 DSacks@pathmanlewis.com With a copy to: Wayne M. Pathman, Esquire Pathman Lewis LLC Suite 2400, One Biscayne Tower 2 South Biscayne Boulevard Miami, Florida 33131 DSacks(a-),pathmanlewis.com SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- FORM"B" CLOSED—AGREEMENT 05/31/13 Page 9 of 21 In the case of Notice or communication to the City Michael Belush,AICP,Principal Planner Planning Department,City of Miami Beach 1700 Convention Center Dr.,Miami Beach, FL 33139 Fax: 305-673-7559 michaelbelush @miamibeachfl.gov With a copy to: Gary Held, First Assistant City Attorney OFFICE OF THE CITY ATTORNEY 1700 Convention Center Dr.,Miami Beach, FL 33139 garyheld @miamibeachfl.gov For purposes of this Agreement, the Superintendent of Schools or his/her designee shall be the Party designated by the School Board to grant or deny any and all approvals required under this Agreement, including, without limitation, issuance of reports, as provided herein. Except as otherwise provided in this Agreement, any Notice or deliverable shall be deemed received only upon actual delivery at the address set forth above. Notices or deliverables delivered after 5:00 PM (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non-business day, the Notice period, shall be extended to the next succeeding business day. "Day" as used in this Agreement shall be defined as calendar day, unless otherwise provided. Counsel for the School Board, counsel for the City and counsel for the Applicant may deliver Notice on behalf of the.School Board, the City and the Applicant, respectively. Any Party or other person to whom Notices are to be sent or copied may notify the other Parties of any SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION - FORM"B" CLOSED—AGREEMENT 05/31/13 Page 10 of 21 change in name or address to which Notices shall be sent by providing the same pursuant to this provision. 10. RELEASE. When all of the Parties' obligations set forth herein are fully paid and performed, each Party shall release all other Parties from this Agreement, and all Parties shall release all other Parties from any and all future claims, costs or liabilities arising out of the provision of Monetary Proportionate Share Mitigation in accordance with this Agreement. These releases shall be simultaneously exchanged and shall be recorded in the Official Records of Miami-Dade,County, Florida, evidencing. such performance. 1 1. VENITE; CHOICE OF LAW; ATTORNEY'S FEES This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts-_of_laws .provisions.- _Any___ controversies or legal issues arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be submitted to the jurisdiction of the State Court of the 11th Judicial Circuit, in and for, Miami-Dade County, Florida. The Parties agree that in the event of any dispute of whatever nature relating to this Agreement, venue shall be in Miami-Dade County, Florida. The Parties further agree that, in the event of a dispute among the Parties, each Party shall be responsible for its own attorney's fees and costs through all appeals. 12. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings contained in this Agreement are for convenience and reference only. They in no way define, describe, extend or limit the scope or intent of this Agreement. SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION-FORM "B" CLOSED—AGREEMENT- 05/31/13 Page 11 of 21 13. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing, and signed by the Party against whom it is asserted. Any such written waiver shall only be applicable to the specific instance to which it relates, and shall not be deemed to be a continuing or future waiver. The failure of any Party to insist upon strict performance of any of the covenants, provisions or conditions of this Agreement shall not be construed as waiving or relinquishing any such covenants, provisions or conditions,but the same shall continue and remain in full force and effect, 14. EX MITS. All Exhibits attached hereto contain additional terms of this Agreement, and are incorporated herein by reference. 15. AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective, unless contained in a written document prepared, in recordable form, with the same formality as this Agreement and duly executed by all the Parties to this Agreement. Additionally, this Agreement may be modified only until the earliest of the following times: (a) issuance of the first principal building permit for the Development Project; or(b) six (6) months after the date that this Agreement is authorized by the School Board. 16. COVENANT RUNNING WITH T HE LAND. This Agreement shall constitute a covenant running with the land and shall be recorded by the School Board, at the Applicant's expense, in the public records of Miami-Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned Applicant, and its heirs, successors and assigns, until such time as the same expires in accordance with the SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION-FORM"B" CLOSED—AGREEMENT 05/31/13 Page 12 of 21 provisions hereof, or is otherwise modified or released pursuant to an instrument executed on behalf of the Parties. 17. ASSIGNMENT. The Applicant may assign its rights, obligations and responsibilities under this Agreement to a third party purchaser of all or any part of fee simple title to the Property. Any such assignment shall be in writing and shall require the prior written consent of all of the Parties, such consent not to be unreasonably withheld. At the election of the School District, such consent may be conditioned upon the written agreement of the assignee to assume all of Applicant/Assignor's duties and obligations under this Agreement and to comply with conditions and procedures to aid in the monitoring and enforcement of the assignee's performance of the Monetary Proportionate Share Mitigation under this Agreement. The Assignor under such assignment shall f u-nish.the Parties_with__a_copy__of_the_ duly_. executed-assignment,. in-.recordable form,_ within ten(10) days of the date of execution of same. The Parties further agree that an assignment of this Agreement shall only be permitted where (a) the Applicant/Assignor has mitigated for the public school impacts of the subject Property with Monetary Proportionate Share Mitigation payment having been made, (b) this Agreement is being assigned to the purchaser of the subject Property, and (c) the assigned Monetary Proportionate Share Mitigation continues to be used for the subject Property. Purchased Capacity Credits may not be sold, transferred or used in any way other than as provided for under this Section. Any attempt to sell, transfer or use Purchased Capacity Credits in violation of this Agreement shall deem said Purchased Capacity Credits null and void. SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- FORM "B"CLOSED—AGREEMENT 05/31/13 Page 13 of 21 18. DEFAULT. If any Party fails to perform or observe any of the material terms and conditions of this Agreement for a period of thirty (30) calendar days after receipt of written notice of such default from another Party, the Party giving notice of default may terminate this Agreement by providing the parties with ten (10) days additional written notice. Failure of any Party to exercise its rights in the event of any breach by one or more other Parties shall not constitute a waiver of such rights. No Party shall be deemed to have waived any failure to perform by another Party unless such waiver is in writing and signed by the other Parties. Such waiver shall be limited to the terms specifically contained therein. 19. COUNTERPARTS. This Agreement may be executed in three (3) counterparts, each of which when executed and delivered shall be deemed to be an original; however, all such counterparts together shall constitute but one and the same.._ instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. 20. RECORDING OF DOCUMENTS AND FEES The School District shall record this Agreement and any related documentation, including without limitation, Assignments, if any, and Releases, within thirty (30) days after proper execution thereof, in the Public Records of Miami-Dade County, Florida. The Applicant shall pay all recordation costs to the School District. All duly executed documents and applicable fees shall be delivered to the designated School District staff by no later than 1 st_day of July, 2013. SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION-FORM "B" CLOSED—AGREEMENT 05/31/13 Page 14 of 21 21. SEVERABILITY. If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be stricken from the Agreement, and the balance of the Agreement will remain in full force and effect as long as doing so would not affect the overall purpose or intent of the Agreement. 22. WAIVER OF TRIAL BY JURY. THE PARTIES WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY OR PARTIES WITH RESPECT TO ANY MATTER ARISING UNDER THIS AGREEMENT. 23. THE IS OF THE ESSENCE. Time is of the essence in the performance of this Agreement. 24. MERGER CLAUSE. This Agreement and all Exhibits.thereto set forth the entire agreement among the Parties, and it supersedes all prior and contemporaneous negotiations,understandings and agreements,written or oral, among the Parties. [SIGNATURE PAGE FOLLOWS] SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- FORM "B" CLOSED—AGREEMENT 05/31/13 Page 15 of 21 IN WITNESS WHEREOF, the Parties have made and executed this Agreement on the respective dates under each signature: APPLICANT/PROPERTY OWNER PALAU SUNSET HARBOR,LLC, a Delaware limited liability company Palau Sunset Harbor Management,LLC, as Managing Member BY: Print Name:Meir Srebernik Its: Manager APPLICANT'S ACKNOWLEDGMENT SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- FORM`B" CLOSED—AGREEMENT 05/31/13 Page 16 of 21 STATE OF FLORIDA ) SS: COUNTY OF ) Before me, a Notary Public, on the day of 2013, personally appeared (write-in name of authorized representatives) who [ ] is personally known to me or [_] has produced as identification, and who acknowledged before me that he signed the above instrument with full authority as set forth therein, on behalf of the Applicant, Notary: [NOTARY SEAL] Print Name: My Commission expires: SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION - FORM "B" CLOSED—AGREEMENT 05/31/13 Page 17 of 21 SCHOOL BOARD THE SCHOOL BOARD OF NUANII-DADE COUNTY, FLORIDA By: Alberto M. Carvalho Superintendent of Schools day of , 2013. TO THE SCHOOL BOARD: Approved as to Form and legal sufficiency: ---School Board-Attorney - - SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- FORM "B" CLOSED—AGREEMENT 05/31/13 Page 18 of 21 i ACKNOWLEDGMENT STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of , 2013, by ALBERTO M. CARVALHO, as Superintendent of Schools, acting on behalf of THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a public body corporate and politic existing under the laws of the State of Florida, who personally appeared before me, and is [ x] personally known to me or [ ] produced as identification, and who further acknowledged that he signed the above instrument with full authority, as set forth therein, on behalf of The School Board of Miami-Dade County,Florida. Notary: [NOTARY SEAL] Print Name: My Commission expires: SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- FORM "B" CLOSED—AGREEMENT 05/31/13 Page 19-of 21 CITY OF MIAMI BEACH: WITNESSES: City of Miami Beach: By: Vice-Mayor day of .J , 2013. ATTEST: ,,,r",, :�• •. BARBARA S.MWAYW MY COMMISSION#.FF 029319 EXPIRES,eciobtir 19,20,f Bonded Thru Notary Public Underw ten; Clerk By: Acting anrung Director Date: 7/j / Z 0 (-3 ATTEST APPROVED AS TO FORM AND LANGUAGE AND FOR Ct?-7 Cam" EXECUTION: �� •• � By: C ity/Attomey Date: f NCO RP ORATED.- y26 . SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION - FORM "B" CLOSED—AGREEMENT 05/31/13 Page 20 of 21 ACKNOWLEDGMENT STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) he foregoing instrument was acknowledged before me this 3 ) day of 2013, by 4� � as Vice-M yor, acting on behalf of City of Miami Beach:, a Municipal Corporation, existing under the laws of the State of Florida. They personally appeared before me, and are [ x] personally known to me or [ ] produced as identification, , and who acknowledged that he signed the above instrument with full authority, as set forth therein, on behalf of City of Miami Beach, Florida. Notary: [NOTARY SEAL] Print Name: My Commission expires: .••'v P ., BWARA S.HAWAYEK MY COMMISSION#FF 029319 - EXPIRES:October 19,2017 Public Undemiters 41 i Bonded Thou t4otmy a SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION - FORM"B" CLOSED—AGREEMENT 05/31/13 Page 21 of 21 Exhibit "A" LEGAL DESCRIPTION: All of 22, 23 and 24, and the North 70.00 feet of Lots 25 and 26 in Block 15A of "ISLAND VIEW AD MON OF MIAMI BEACH BAY SHORE COMPANY" according to the plot thereof recorded in Plot Boole 9, Page 144. of the Public Records of Miami—Dade County, Florida. 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