Letter RE: 2829 Indian Creek Drive, Miami Beach I 7 - 7 V?
020/6 --o2
Suzanne A. Dockerty, P.A.
ATTORNEY AT LAW
110 Merrick Way
Suite 3-B
Coral Gables,Florida 33134
Suzanne A.Dockerty Telephone(305)443-9162
Telefax(305)443-9155
March 23,2017
Gisela Nanson Torres,
Senior Assistant City Attorney
Office of the City Attorney
1700 Convention Center Drive, Fourth Floor
Miami Beach, FL 33139
Our Client File: Our File No. 247174-9
Grantor: Clearview Towers Condominium Association,Inc.
Grantee: City of Miami Beach
Property: 2829 Indian Creek Drive, Miami Beach,FL
Dear Gisela:
Enclosed are the following documents for the above transaction.
1. Title Commitment.
2. Quit Claim Deed and Easement Agreement to be executed by the Grantor.
3. Easement Agreement to be executed by the Grantor and the City.
4. Closing Affidavit to be executed by the Grantor.
5, Corporate Resolution to be executed by the Grantor.
6. Partial Release of Collateral Assignment of Right to Collect Assessments and
Assignment of Lien Rights to be executed by BANESCO USA.
7. Partial Release of Collateral Assignment of Right to Collect Assessments and
Assignment of Lien Rights to he executed by EXECUTIVE NATIONAL BANK
8. Settlement Statement with wire instructions to be executed by the
Grantor and the City.
Please review and advise any comments. Upon approval by the City the documents may
be forwarded to the Grantor for execution,
Please contact me if you have any questions or comments of if[may be of further service
to you.
Very truly yours,
Suzanne A. Dockerty
Enclosures:
Settlement Statement
Grantee: City of Miami Beach,a Florida municipal corporation
1700 Convention Center Drive,4th Floor,Miami Beach, Florida 33139
Grantor: Clearview Towers Condominium Association, Inc.,a Florida not for profit
corporation
2829 Indian Creek Drive,Miami Beach,Florida 33140
Property Location: 2829 Indian Creek Drive,Miami Beach,Florida 33140(See Exhibit A attached)
Date: Vkcz, t V.,2017
Settlement Agent: Suzanne A.Dockerty, P.A.
110 Merrick Way,Suite 3B,Coral Gables,Florida 33134
Grantee Settlement Fees:
Title Search Reports and Updates: $ 350.00
Title Insurance Premium($208,000): $1,115.00
Settlement Fee: $ 500.00
Clerk of Court Recording Fee:
Quit Claim Deed with Easement Agreement: $ 103.50
Documentary Stamp Tax: $ 1.05
Easement Agreement: $ 69.50
Documentary Stamp Tax: $ 1.05
Partial Release of Security Agreement: $ 27,00
(Executive National Bank)
Partial Release of Security Agreement: $ 27.00
(Banesto USA)
Wire Transfer Fee/FedEx: $ 75.00
Total Grantee Settlement Fees: $ 2,194.10
I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief,it is a true
and accurate statement of all receipts and disbursements made on account of this transaction.
Grantee:
City of Mia Beach,a Fl da municipal corporation
., -
By: •
Print Name 1,e:
Approved as to form and Languac'e for Execution
' �' /
By: 184r t , - .�- 5-1J//
/J'/1
Arran City Attdyney ' = ; /
Ra .el E. � ; i 7
1
ado, I Clerk
Clearview"Towers Condominium Association, Inc.,
A Florida not for profit corporation
By:
Print Narne/Title:
2
This instrument was prepared by and after
recording should be returned to:
Raul J.Aguila, City Attorney
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
A portion of Folio No.: 02-3226-039-0001 L Reserved for Clerk of Court
QUIT-CLAIM DEED AND EASEMENT AGREEMENT
THIS QUIT-CLAIM DEED, made as of this i4 day of A-p(\ , 2017 (the
Effective Date), by Clearview Towers Condominium Association, Inc., a Florida not for
profit corporation, whose address is 2829 Indian Creek Drive, Miami Beach, Florida,
33140 ("First Party"), to the City of Miami Beach, a Florida municipal corporation, whose
address is 1700 Convention Center Drive, Miami Beach, Florida 33139 ("Second Party"):
(Wherever used herein the terms First Party and Second Party shall include
singular and plural, heirs, legal representatives, and assigns of individuals, and
the successors and assigns of corporations, wherever the context so admits or
requires).
WHEREAS, First Party wishes to sell the Property, as more particularly described
herein, to Second Party, which Property has an adjoining seawall that is in disrepair, and
Second Party is authorized to accept title to the Property and undertake the necessary repairs
to the adjoining seawall, as authorized pursuant to City of Miami Beach Resolution No. 2016-
29584.
WITNESSETH, that the said First Party, for and in consideration of the sum of Ten
Dollars and other good and valuable consideration ($10.00) in hand paid by the said Second
Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim
unto the said Second Party forever, all the right, title, interest, claim and demand which the said
First Party, has including imposition of association assessments, dues, or fees of any kind,
whether regular or special, in and to the following described land, situate, lying and being in
Miami-Dade County, Florida, (the "Property")and legally described as follows:
Parcel 1:
That strip of land shown on the Amended Map of the Ocean Front Property of the Miami
Beach Improvement Company, a subdivision recorded in Plat Book 5, Page 7 of the
public records of Miami-Dade County, Florida, bounded as follows:
Bounded on the North by the Westerly extension of the Northerly line of Lot 9, Block 10
of the above referenced subdivision; Bounded on the East by Indian Creek Drive, as
shown on said Plat; Bounded on the South by the Westerly Extension of the Southerly
Line of Lot 10, Block 10 of said Plat and Bounded on the West by Indian Creek as
shown on said Plat; Excepting therefrom, however, so much thereof as was acquired by
condemnation by the City of Miami Beach in the proceeding instituted on or about May
10, 1950, by said City against the Lessor and others in the Circuit Court of the Eleventh
Judicial Circuit of Florida, in and for Miami-Dade County, at Law No, 24096, to wit:
1
That Certain Parcel of land situate in the City of Miami Beach. County of Miami-Dade
and State of Florida, described and bounded as follows:
Beginning (P.0.B.) at point which is the intersection of the Easterly shore line of Indian
Creek with the Southerly line, produced Westerly, of Lot 10, Block 10, Amended Map of
the Ocean Front Property of the Miami Beach Improvement Company, a subdivision
recorded in Plat Book 5, Page 7 of the Public Records of Miami-Dade County Florida,
thence Easterly along the said Southerly line of referenced Lot 10, produced as
aforesaid, a distance of 25 feet, more or less to a point on the Westerly line of said
Indian Creek Drive; thence Northerly along the Westerly line Indian Creek Drive, a
distance of 20.00 feet; thence Westerly along a line parallel to and 20.00 feet Northerly
of the said Southerly line of Lot 10, produced as aforesaid, a distance of 25 feet, more or
less, to a point on the Easterly shore line of Indian Creek; thence Southerly Meandering
along the Easterly shown of Indian Creek to the Point of Beginning.
Parcel 2:
Beginning (P-0.B.) at the intersection of the North line of 28th Street and the West line of
Indian Creek Drive, thence North along the West line of Indian Creek Drive, a distance of
50.00 feet; thence West, parallel to the North line of 28th Street, 25 feet, more or less, to
the waters of Indian Creek; Thence South, along the waters of Indian Creek, 50 feet,
more or less, to the North line of 28th Street; thence East along the North line of 28th
Street, 25.5 feet, more or less, to the Point of Beginning (P.O.B.)
TO HAVE AND TO HOLD the same together with all the tenements, hereditaments and
appurtenances thereunto belonging.
The First Party reserves for itself, its successors and assigns a perpetual, non-exclusive
easement of ingress and egress in, over, on, and through the Property, specifically for the
benefit of First Party's property (as defined in the Easement Agreement), pursuant to the terms
and conditions set forth in the Easement Agreement, incorporated herein by reference and
attached hereto as Exhibit"A".
2
IN WITNESS WHEREOF, the said First Party has signed and sealed these presents the day
and year first above written.
Signed, sealed and delivered
in the presence of: Clearview Towers Condominium Association,
Inc., a `o 'da not for profit corporation
Witnees:
G By: `f 4
Print Name: Print Name:
l'9)1,j te, I 3 41,1„...f2-
/14n Ate 8 Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE ) ss:
The foregoing instrument was acknowledged bef. - I e this i -' day of
, 2017 by John Llano, as President, .n behalf of Clearview Towers
Condominium Association, Inc, who is personally kno n to me or who has produced
9 tr 2S- 5V-5I - D as identification.
My Commission Expires: Notary ' , .tate of Flirida
OSNEYDA VERONICA DIAZ
°• iTti Commission# FF 209730
a�ii[T My Commission Expires
March 15, 2019
3
Exhibit"A"
Easement Agreement
This Easement Agreement ("Easement Agreement') is made this l4 day of
(I \ , 2017, by and between the City of Miami Beach, a Florida municipal corporation,
Nr-
who address is 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City")
Clearview Towers Condominium Association, Inc., a Florida not for profit corporation, whose
address is 2829 Indian Creek Drive, Miami Beach, Florida, 33140 ("Company") (the City or
Company may be referred to herein individually as a"party" or collectively as "parties");
WHEREAS, the City is the owner of that land, situate, lying and being in Miami-Dade
County, Florida ("City's Property") legally described as:
Parcel 1:
That strip of land shown on the Amended Map of the Ocean Front Property of the Miami
Beach Improvement Company, a subdivision recorded in Plat Book 5, Page 7 of the
public records of Miami-Dade County, Florida, bounded as follows:
Bounded on the North by the Westerly extension of the Northerly line of Lot 9, Block 10
of the above referenced subdivision; Bounded on the East by Indian Creek Drive, as
shown on said Plat; Bounded on the South by the Westerly Extension of the Southerly
Line of Lot 10, Block 10 of said Plat and Bounded on the West by Indian Creek as
shown on said Plat; Excepting therefrom, however, so much thereof as was acquired by
condemnation by the City of Miami Beach in the proceeding instituted on or about May
10, 1950, by said City against the Lessor and others in the Circuit Court of the Eleventh
Judicial Circuit of Florida, in and for Miami-Dade County, at Law No, 24096, to wit:
That Certain Parcel of land situate in the City of Miami Beach. County of Miami-Dade
and State of Florida, described and bounded as follows:
Beginning (P.O.B.) at point which is the intersection of the Easterly shore line of Indian
Creek with the Southerly line, produced Westerly, of Lot 10, Block 10, Amended Map of
the Ocean Front Property of the Miami Beech Improvement Company, a subdivision
recorded in Plat Book 5, Page 7 of the Public Records of Miami-Dade County Florida,
thence Easterly along the said Southerly line of referenced Lot 10, produced as
aforesaid, a distance of 25 feet, more or less to a point on the Westerly line of said
Indian Creek Drive; thence Northerly along the Westerly line Indian Creek Drive, a
distance of 20.00 feet; thence Westerly along a line parallel to and 20.00 feet Northerly
of the said Southerly line of Lot 10, produced as aforesaid, a distance of 25 feet, more or
less, to a point on the Easterly shore line of Indian Creek; thence Southerly Meandering
along the Easterly shown of Indian Creek to the Point of Beginning.
Parcel 2:
Beginning (P.O.B.) at the intersection of the North line of 28th Street and the West line of
Indian Creek Drive, thence North along the West line of Indian Creek Drive, a distance of
50.00 feet; thence West, parallel to the North line of 28th Street, 25 feet, more or less, to
the waters of Indian Creek; Thence South, along the waters of Indian Creek, 50 feet,
more or less, to the North line of 28th Street; thence East along the North line of 28th
Street, 25.5 feet, more or less, to the Point of Beginning (P.O.B.)
WHEREAS, the Company is the owner of that land, situate, lying and being in Miami-
Dade County, Florida ("Company's Property") legally described as:
Lot 5, less the East 15 feet thereof, and Lots 8, 9, and 10 of Block 10 the Amended Map
of the Ocean Front Property of the Miami Beach Improvement Company, a Subdivision
recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County, Florida
4
now known as Clearview Towers Condominium, according to the Declaration of
Condominium thereof, recorded in O.R. Book 17009, Page 4015, of the Public Records
of Miami-Dade County, Florida.
WHEREAS, Company desires to preserve a perpetual, non-exclusive easement for
ingress and egress on, in and over the City's Property, with the exact locations) to be
determined at a future date, in connection with any future development of Marine Related Uses,
as defined in Section 3, which uses are anticipated to be developed adjacent to or near the
seawall adjacent to the City's Property, specifically for the benefit of Company's Property;
WHEREAS, the City has the authority and capacity to grant the perpetual, non-exclusive
easement granted herein pursuant to City of Miami Beach Resolution Number 2017-29749;
WHEREAS, the City Manager as referenced in this Easement Agreement shall mean
the chief executive officer of the City or such person (the City Manager's designee) as may from
time to time be authorized in writing by such administrative official to act for him/her with respect
to any or all matters pertaining to this Easement Agreement.
NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
1. The above recitals are true and -correct and are incorporated herein as part of this
Easement Agreement.
2. the City does hereby grant to Company, its successors and assigns, a perpetual, non-
exclusive easement for ingress and egress in, over, on, and through the City's Property,
for the benefit of the Company Property, in connection with the construction, operation
and maintenance of Marine Related Uses and subject to the terms and conditions set
forth herein.
3. As referred to herein, Marine Related Uses shall include water transportation stops, wet
dockage for pleasure craft, kiosks, walkways and decks, the operation of watercraft
rental, and other similar improvements and activities associated with the use of the
waterway.
4. Company will have the right to construct, maintain and operate, at its sole cost and
expense, improvements in connection with a Marine Related Use ("Marine
Improvements"). All Marine Improvements shall require the City Manager's prior written
consent, which consent shall not be unreasonably withheld; provided that: (1) Company
is in good standing under the terms of this Easement (including payment of any invoices
issued pursuant to Section 6 herein); and (2) the proposed Marine Improvement: (i)
does not interfere with the use of the City's Property for a public purpose; <ii) does not
pose a public health, safety or welfare risk; or (iii) does not pose a risk of damage to the
improvements at the City's Property, which City improvements may include, but are not
limited to, the seawall/retaining wall, utilities, or other City improvements.
5. All approved Marine Improvements shall be constructed, operated and maintained in
compliance with all applicable regulations of the Federal, State, County, City of Miami
Beach Code of Ordinances, and any other regulations governing the Marine Related
Use-(collectively, "Laws"). Following completion of any Marine Improvement, Company,
at its sole cost and expense, shall have the sole responsibility for repairing and
maintaining the Easement Area and the Marine Improvements, including any
5
surrounding area, which may include the seawall, if applicable. Company shall provide
the same level of maintenance for the Easement Area and Marine Improvements as the
City currently provides for similar areas and similar improvements, but at minimum, the
Marine Improvements shall be maintained and operated in a safe, clean and orderly
manner.
6. Should Company fail to maintain the Easement Area or any Marine Improvements
constructed in connection with any Marine Related Uses, upon receipt of thirty(30) days
written notice from the City, and Company's failure to remedy the condition to the City
Manager or City Manager's designee's satisfaction, the City may, but without an
obligation to do so, undertake Company's repair obligation and Company shall
reimburse the City for said expense within thirty (30) days from presentment of the
invoice. Any unpaid invoices shall accrue interest at the rate of one percent (1%) per
month until paid.
7. Subject to the limitations set forth in Section 4, Company shall have the right to access
any portion of the City's Property which may be reasonably necessary to grant Company
access to the Marine Improvements or in connection with the operation of the Marine
Related Use. Upon the City approving a Marine Improvement, the parties shall execute
an amendment to this Easement Agreement, attaching a sketch of the Marine
Improvement and the legal description of the easement area ("Easement Area"),
describing the location of the Marine Improvement and access locations at the City's
Property for ingress and egress related to the Marine Improvement or Marine Related
Use.
8. The City shall not withhold or obstruct Company's access to the Easement Area through
the installation of a fence or other similar means; except as may be necessary in
connection with any repairs or improvements to the City's Property, such as the
installation of a new seawall/retaining wall; or as may be necessary for the health,
safety, or welfare of the general public.
9. The Easement may be modified, amended, or released as to any portion of the
Easement by a written instrument executed by both parties hereto or their successors or
assigns, providing that same has been approved by the City Commission.
10. It is understood and agreed that any City official has the right to enter and investigate the
use of the Property, to verify compliance with the conditions of this Easement Agreement
or any applicable Laws.
11. Company, its employees, agents, servants, partners, principals or subcontractors
(collectively, "Indemnifying Parties") shall indemnify and hold harmless the City, its
officers, employees, agents and instrumentalities (collectively, 'Indemnified Parties")
from any and all liability, losses or damages, including the costs of any suits, attorney's
fees and other expenses in connection therewith, including trial and appeals therefrom,
which the Indemnified Parties may incur as a result of claims, demands, suits, causes of
action, or proceedings of any kind or nature arising out of, relating to, or resulting from
the negligence of the Indemnifying Parties; use of the Easement Area or Marine
Improvement; or in connection with the Maritime Related Use.
12. Insurance.
a. Construction Insurance. Upon approval of a Marine Improvement by the City, but
no later than the date Company secures all required governmental approvals to
6
commence construction, Company shall purchase insurance, as may be requested
by the City Manager or his designee, based upon insurance coverages customary for
the construction of the approved Marine Improvement, which may include, without
limitation, Builder's Risk insurance; Payment and Performance Bond for the value of
the construction of the Marine Improvement and Commercial General Liability
insurance for the Contractor, reflecting the City as an additional insured (collectively
"Construction Insurance').
b. Upon completion of the first approved Marine Improvement, Company shall
secure and thereafter maintain, at all times, insurance covering the Easement Area
and all completed Marine Improvements, as may be requested by the City Manager
or his designee, based upon insurance coverages customary for the completed
Marine Improvement, but in any event, Company shall maintain the following
minimum insurance requirements:
1. Commercial General Liability: $1,000,000 per occurrence;
$2,000,000 in the aggregate.
2. Property: Full replacement value for any completed Marine
Improvements within the Easement Area.
Such insurance policies shall name the City as an additional insured and loss payee
thereunder; shall be written by insurance companies licensed to do business in
Florida and with general policyholder rating of no less than A- and a financial rating
of at least VII; and shall provide for waiver of subrogation. Company shall provide
the City with a certificate of insurance evidencing said coverages.
Company shall provide the City with written notice of any cancellation of
coverage within two (2)days from receipt of any notification of cancellation to:
The City of Miami Beach
Attention of Risk Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
The City reserves the right to modify the insurance requirements, in the City
Manager or his designee's reasonable discretion, based upon any change in the type
or number of Marine Improvements constructed,
13.Any notices required or permitted to be given under this Easement shall be in writing
and shall be deemed to have been given if delivered by hand, sent by recognized
overnight courier (such as Federal Express) or mailed by certified or registered mail,
return receipt requested, in a postage prepaid envelope, and addressed as follows:
If to the City at: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attention: City Manager
With a copy to: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attention: City Attorney
7
If to Grantee at: Clearview Towers Condominium Association, Inc.
Lobby Office
2829 Indian Creek Drive
Miami Beach, FL 33140
With a copy to: Robert H. Yaffe, Esquire
Robert H. Yaffe, P.A.
11900 Biscayne Blvd.#806
Miami, FL 33181
Notices personally delivered or sent by overnight courier shall be deemed given on the
date of delivery and notices mailed in accordance with the foregoing shall be deemed
given three (3) days after deposit in the U.S. mails. The terms of this Section shall
survive the termination of this Easement Agreement.
14.Either party may bring an action, at law or in equity, to enforce the terms and conditions
of this Easement Agreement against any party or person violating or attempting to
violate any provision of this Easement Agreement, either to restrain violations or to
recover damages.
15.This Easement Agreement shall be enforceable in Miami-Dade County, Florida, and if
legal action is necessary by either party with respect to the enforcement of any or all of
the terms and conditions herein, exclusive venue for the enforcement of same shall be
Miami-Dade County, Florida. This Easement Agreement shall be governed by, and
construed in accordance with, the laws of the State of Florida, both substantive and
remedial, without regard to principles of conflict of laws. The exclusive venue for any
litigation arising out of this Easement Agreement shall be Miami Dade County, Florida, if
in state court, and the U.S. District Court, Southern District of Florida, if in federal court.
BY ENTERING INTO THIS EASEMENT AGREEMENT, COMPANY AND THE CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS EASEMENT
AGREEMENT.
16. Entire Agreement. This Easement Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes all prior
agreements, understandings and arrangements, both oral and written.
17. City Representations. City covenants, warrants and represents (i) that City is the fee
simple owner of the City's Property and has the right, title and capacity to grant the
perpetual, non-exclusive easement granted herein, and (ii) there are no lienholders on
the Easement Property.
18. Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created under the terms of this Easement
Agreement are appurtenant to the City's Property. The provisions hereof shall run with
the land, shall be binding on the parties hereto, their successors and assigns, and shall
inure to the benefit of Company's Property.
[Signature Pages Follow]
8
Signed, witnessed, executed and acknowledged this 14 day of 4p lr ` , 2017.
Signed, sealed and delivered
in the presence of: Clearview Towers Condominium Association, Inc.,
a Florid- of or profit corporation
Witnes.es:
MI'
I
BY: h.
-513 ,D-/e4 • C/ 4.5President
Print Name: M t G
Print Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
AThe foregoing instrument was acknowledged .efore me his ( Z` day of
pr I k , 2017 by John Llano as President, on behalf o' Clearview Towers
Conn minium Association, Inc., a Florida not for profit carp,rati••, ' o 1 •ersonall
me or who has produced\D(p —S4 — —4! Y known to
.�► -has id-, ification.
J.
My Commission Expires: Notary Publii t- e of • orida
h`•-meat'---
"''' OSNEYDA VERONICA DIAZ
,
' Cornmissron# FF 209730
9,111;p. My Commission Expires
March 15, 2019
9
Signed,witnessed, executed and acknowledged this day of 2017,
Signed, sealed and delivered
in the presence of: City of Miami Beach,
a Florida municipal corporation
Witnesses:
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE � ss;
The foregoing instrument was acknowledged before me this
, 2017 by day of
behalf of the City of Miami Beach, a Florida municipal corporation, who is personally known to
me or who has produced as identification.
My Commission Expires: Notary Public, State of Florida
11
This instrument was prepared by and after
recording should be returned to:
Raul J.Aguila, City Attorney
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
A portion of Folio No.:02-3226-039-0001 Reserved for Clerk of Court
EASEMENT AGREEMENT
This Easement Agreement ("Easement Agreement") is made this ,Lday of
, 2017, by and between the City of Miami Beach, a Florida municipal corporation,
whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City") and
Clearview Towers Condominium Association, Inc., a Florida not for profit corporation, whose
address is 2829 Indian Creek Drive, Miami Beach, Florida, 33140 ("Company") (the City or
Company may be referred to herein individually as a "party"or collectively as "parties");
WHEREAS, the City is the owner of that land, situate, lying and being in Miami-Dade
County, Florida("City's Property") legally described as:
Parcel 1:
That strip of land shown on the Amended Map of the Ocean Front Property of the Miami
Beach Improvement Company, a subdivision recorded in Plat Book 5, Page 7 of the
public records of Miami-Dade County, Florida, bounded as follows:
Bounded on the North by the Westerly extension of the Northerly line of Lot 9, Block 10
of the above referenced subdivision; Bounded on the East by Indian Creek Drive, as
shown on said Plat; Bounded on the South by the Westerly Extension of the Southerly
Line of Lot 10, Block 10 of said Plat and Bounded on the West by Indian Creek as
shown on said Plat; Excepting therefrom, however, so much thereof as was acquired by
condemnation by the City of Miami Beach in the proceeding instituted on or about May
10, 1950, by said City against the Lessor and others in the Circuit Court of the Eleventh
Judicial Circuit of Florida, in and for Miami-Dade County, at Law No, 24096, to wit:
That Certain Parcel of land situate in the City of Miami Beach. County of Miami-Dade
and State of Florida, described and bounded as follows:
Beginning (P.O.E.) at point which is the intersection of the Easterly shore line of Indian
Creek with the Southerly line, produced Westerly, of Lot 10, Block 10, Amended Map of
the Ocean Front Property of the Miami Beach Improvement Company, a subdivision
recorded in Plat Book 5, Page 7 of the Public Records of Miami-Dade County Florida,
thence Easterly along the said Southerly line of referenced Lot 10, produced as
aforesaid, a distance of 25 feet, more or less to a point on the Westerly line of said
Indian Creek Drive; thence Northerly along the Westerly line Indian Creek Drive, a
distance of 20.00 feet; thence Westerly along a line parallel to and 20.00 feet Northerly
of the said Southerly line of Lot 10, produced as aforesaid, a distance of 25 feet, more or
less, to a point on the Easterly shore line of Indian Creek; thence Southerly Meandering
along the Easterly shown of Indian Creek to the Point of Beginning.
Parcel 2:
Beginning (P.O.B.) at the intersection of the North line of 28th Street and the West line of
Indian Creek Drive, thence North along the West line of Indian Creek Drive, a distance of
50.00 feet; thence West, parallel to the North line of 28th Street, 25 feet, more or less,to
1
the waters of Indian Creek; Thence South, along the waters of Indian Creek, 50 feet,
more or less, to the North line of 28th Street; thence East along the North line of 28th
Street, 25.5 feet, more or less, to the Point of Beginning (P.O.B.)
WHEREAS, the Company is the owner of that land, situate, lying and being in Miami-
Dade County, Florida ("Company's Property") legally described as:
Lot 5, less the East 15 feet thereof, and Lots 8, 9, and 10 of Block 10 the Amended Map
of the Ocean Front Property of the Miami Beach Improvement Company, a Subdivision
recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County, Florida
now known as Clearview Towers Condominium, according to the Declaration of
Condominium thereof, recorded in O.R. Book 17009, Page 4015, of the Public Records
of Miami-Dade County, Florida.
WHEREAS, Company desires to preserve a perpetual, non-exclusive easement for
ingress and egress on, in and over the City's Property, with the exact location(s) to be
determined at a future date, in connection with any future development of Marine Related Uses,
as defined in Section 3, which uses are anticipated to be developed adjacent to or near the
seawall adjacent to the City's Property, specifically for the benefit of Company's Property;
WHEREAS, the City has the authority and capacity to grant the perpetual, non-exclusive
easement granted herein pursuant to City of Miami Beach Resolution Number 2017-29749;
WHEREAS, the City Manager as referenced in this Easement Agreement shall mean
the chief executive officer of the City or such person (the City Manager's designee) as may from
time to time be authorized in writing by such administrative official to act for him/her with respect
to any or all matters pertaining to this Easement Agreement.
NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
1. The above recitals are true and correct and are incorporated herein as part of this
Easement Agreement.
2. the City does hereby grant to Company, its successors and assigns, a perpetual, non-
exclusive easement for ingress and egress in, over, on, and through the City's Property,
for the benefit of the Company Property, in connection with the construction, operation
and maintenance of Marine Related Uses and subject to the terms and conditions set
forth herein.
3. As referred to herein, Marine Related Uses shall include water transportation stops, wet
dockage for pleasure craft, kiosks, walkways and decks, the operation of watercraft
rental, and other similar improvements and activities associated with the use of the
waterway.
4. Company will have the right to construct, maintain and operate, at its sole cost and
expense, improvements in connection with a Marine Related Use ("Marine
Improvements"). All Marine Improvements shall require the City Manager's prior written
consent, which consent shall not be unreasonably withheld; provided that: (1) Company
is in good standing under the terms of this Easement(including payment of any invoices
issued pursuant to Section 6 herein); and (2) the proposed Marine Improvement: (i)
does not interfere with the use of the City's Property for a public purpose; (ii) does not
2
pose a public health, safety or welfare risk; or(iii) does not pose a risk of damage to the
improvements at the City's Property, which City improvements may include, but are not
limited to, the seawall/retaining wall, utilities, or other City improvements.
5. All approved Marine Improvements shall be constructed, operated And maintained in
compliance with all applicable regulations of the Federal, State, County, City of Miami
Beach Code of Ordinances, and any other regulations governing the Marine Related
Use (collectively, "Laws"). Following completion of any Marine Improvement, Company,
at its sole cost and expense, shall have the sole responsibility for repairing and
maintaining the Easement Area and the Marine Improvements, including any
surrounding area, which may include the seawall, if applicable. Company shall provide
the same level of maintenance for the Easement Area and Marine Improvements as the
City currently provides for similar areas and similar improvements, but at minimum, the
Marine Improvements shall be maintained and operated in a safe, clean and orderly
manner.
6. Should Company fail to maintain the Easement Area or any Marine Improvements
constructed in connection with any Marine Related Uses, upon receipt of thirty (30)days
written notice from the City, and Company's failure to remedy the condition to the City
Manager or City Manager's designee's satisfaction, the City may, but without an
obligation to do so, undertake Company's repair obligation and Company shall
reimburse the City for said expense within thirty (30) days from presentment of the
invoice. Any unpaid invoices shall accrue interest at the rate of one percent (1%) per
month until paid.
7. Subject to the limitations set forth in Section 4, Company shall have the right to access
any portion of the City's Property which may be reasonably necessary to grant Company
access to the Marine Improvements or in connection with the operation of the Marine
Related Use. Upon the City approving a Marine Improvement, the parties shall execute
an amendment to this Easement Agreement, attaching a sketch of the Marine
Improvement and the legal description of the easement area ("Easement Area"),
describing the location of the Marine Improvement and access locations at the City's
Property for ingress and egress related to the Marine Improvement or Marine Related
Use.
8. The City shall not withhold or obstruct Company's access to the Easement Area through
the installation of a fence or other similar means; except as may be necessary in
connection with any repairs or improvements to the City's Property, such as the
installation of a new seawall/retaining wall; or as may be necessary for the health,
safety, or welfare of the general public.
9. The Easement may be modified, amended, or released as to any portion of the
Easement by a written instrument executed by both parties hereto or their successors or
assigns, providing that same has been approved by the City Commission.
10. It is understood and agreed that any City official has the right to enter and investigate the
use of the Property, to verify compliance with the conditions of this Easement Agreement
or any applicable Laws.
11.Company, its employees, agents, servants, partners, principals or subcontractors
{collectively, "Indemnifying Parties") shall indemnify and hold harmless the City, its
officers, employees, agents and instrumentalities (collectively, "Indemnified Parties")
3
from any and all liability, losses or damages, including the costs of any suits, attorney's
fees and other expenses in connection therewith, including trial and appeals therefrom,
which the Indemnified Parties may incur as a result of claims, demands, suits, causes of
action, or proceedings of any kind or nature arising out of, relating to, or resulting from
the negligence of the Indemnifying Parties; use of the Easement Area or Marine
Improvement; or in connection with the Maritime Related Use.
12. Insurance.
a. Construction Insurance. Upon approval of a Marine Improvement by the City, but
no later than the date Company secures all required governmental approvals to
commence construction, Company shall purchase insurance, as may be requested
by the City Manager or his designee, based upon insurance coverages customary for
the construction of the approved Marine Improvement, which may include, without
limitation, Builder's Risk insurance; Payment and Performance Bond for the value of
the construction of the Marine Improvement and Commercial General Liability
insurance for the Contractor, reflecting the City as an additional insured (collectively
"Construction Insurance").
b. Upon completion of the first approved Marine Improvement, Company shall
secure and thereafter maintain, at all times, insurance covering the Easement Area
and all completed Marine Improvements, as may be requested by the City Manager
or his designee, based upon insurance coverages customary for the completed
Marine Improvement, but in any event, Company shall maintain the following
minimum insurance requirements:
1. Commercial General Liability: $1,000,000 per occurrence;
$2,000,000 in the aggregate.
2. Property: Full replacement value for any completed Marine
Improvements within the Easement Area.
Such insurance policies shall name the City as an additional insured and loss payee
thereunder; shall be written by insurance companies licensed to do business in
Florida and with general policyholder rating of no less than A- and a financial rating
of at least VII; and shall provide for waiver of subrogation. Company shall provide
the City with a certificate of insurance evidencing said coverages.
Company shall provide the City with written notice of any cancellation of
coverage within two (2) days from receipt of any notification of cancellation to:
The City of Miami Beach
Attention of Risk Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
The City reserves the right to modify the insurance requirements, in the City
Manager or his designee's reasonable discretion, based upon any change in the type
or number of Marine Improvements constructed.
13.Any notices required or permitted to be given under this Easement shall be in writing
and shall be deemed to have been given if delivered by hand, sent by recognized
overnight courier (such as Federal Express) or mailed by certified or registered mail,
return receipt requested, in a postage prepaid envelope, and addressed as follows:
4
If to the City at: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attention: City Manager
With a copy to: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attention: City Attorney
If to Grantee at: Clearview Towers Condominium Association, Inc.
Lobby Office
2829 Indian Creek Drive
Miami Beach, FL 33140
With a copy to: Robert H. Yaffe, Esquire
Robert H. Yaffe, P.A.
11900 Biscayne Blvd. #806
Miami, FL 33181
Notices personally delivered or sent by overnight courier shall be deemed given on the
date of delivery and notices mailed in accordance with the foregoing shall be deemed
given three (3) days after deposit in the U.S. mails. The terms of this Section shall
survive the termination of this Easement Agreement.
14.Either party may bring an action, at law or in equity, to enforce the terms and conditions
of this Easement Agreement against any party or person violating or attempting to
violate any provision of this Easement Agreement, either to restrain violations or to
recover damages.
15.This Easement Agreement shall be enforceable in Miami-Dade County, Florida, and if
legal action is necessary by either party with respect to the enforcement of any or all of
the terms and conditions herein, exclusive venue for the enforcement of same shall be
Miami-Dade County, Florida. This Easement Agreement shall be governed by, and
construed in accordance with, the laws of the State of Florida, both substantive and
remedial, without regard to principles of conflict of laws. The exclusive venue for any
litigation arising out of this Easement Agreement shall be Miami Dade County, Florida, if
in state court, and the U.S. District Court, Southern District of Florida, if in federal court.
BY ENTERING INTO THIS EASEMENT AGREEMENT, COMPANY AND THE CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS EASEMENT
AGREEMENT.
16. Entire Agreement. This Easement Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes all prior
agreements, understandings and arrangements, both oral and written.
17.City Representations. City covenants, warrants and represents (i) that City is the fee
simple owner of the City's Property and has the right, title and capacity to grant the
perpetual, non-exclusive easement granted herein, and (ii) there are no lienholders on
the Easement Property.
5
18. Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created under the terms of this Easement
Agreement are appurtenant to the City's Property. The provisions hereof shall run with
the land, shall be binding on the parties hereto, their successors and assigns, and shall
inure to the benefit of Company's Property.
[Signature Pages Follow]
6
Signed,witnessed, executed and acknowledged this l day of , 2017.
.. )--0---L-___-
Signed, sealed and delivered
in the presence of: Clearview Towers Condominium Association, Inc.,
a Florida n. •r profit corporation
Witne es:
4/s �� � By: �� i� 'i _
4 2 4 T ELi e A-_5-
-S ' �,A'Qre�sident
Print Name: NA o Y2 �\ O(?s5 ~
r/d-fl`-4) ee,,,,i--,
60r,,, xffo J ,Ri7 ,
Print Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged •efore me is '‘A--- day of
j' 1 , 2017 by John Llano as Preside , on behalf of Clearview Towers
Con ominium Association, Inc., a Florida not for profit c. poration, w- is ersonally known to
me or who has produced'O'o9S-5=0-SSI- 4tto-Oa. 'dentificatio
AlIlk vah
My Commission Expires: Notary Pubic, e ,f Florida
c;
`i""":"e�.; OSNEYDA VERONICA DIAZ
i: ._ Commission # FF 209730
WifPe: My Commission Expires
'%:°;,`,;°'`' March 15,
2019
•
7
Signed, witnessed, executed and acknowledged this IC' day of IIttCt LA , 2017.
J
Signed, sealed and delivered
in the presence of: City of Mi- i Beach,
a Florida unicipal cor..ration
Witnesse •
/t1n
By: --
City
Rafael E. Granado, Clerk Jimmy i, . Mora es
Pri�Na e: A P eRliar
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EAeo�k =`��Title: �•j
Print Name: � : '"''0►„ 0
STATE OF FLORIDA 0 * k INCORP ORATED:
ss: 1 1.,:%. j
COUNTY OF MIAMI-DADE ) -" ,,44b1,•
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The foregoing instrument was acknow !Uday
a ged before me this � of
R4IA , 2017 by Jimmy L. Morales , as City Manager , on
behalf at the City of Miami Beach, a Florida municipal corporation, who is personally known to
me or who has produced as iden' ation.
My Commission Expires: Noiary Public, State of Florida
0'Pk
.4 r.t •:.: MY COMMISSION 0 FF 155322
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•..��s EXPIRES:August 27,2018
z...... Bonded Thru Notary Publk Underwriters
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
8
I City Attorne, ,,1 Dote
Closing Affidavit
(Seller)
Before me,the undersigned authority, personally appeared the undersigned("Affiant"), who being by me first duly sworn,
on oath,depose(s)and say(s)that:
I. Clearview Towers Condominium Association, Inc.,a Florida not for profit corporation ("Seller"), is the owner of
and is selling the following described property to City of Miami Beach,a Florida municipal corporation ("Buyer"),
to wit:
Parcel I:
That strip of land shown on the Amended Map of the Ocean Front Property of the Miami Beach
Improvement Company, a subdivision recorded in Plat Book 5, Page 7 of the public records of
Miami-Dade County,Florida,bounded as follows:
Bounded on the North by the Westerly extension of the Northerly line of Lot 9,Block 10 of the above
referenced subdivision; Bounded on the East by Indian Creek Drive,as shown on said Plat; Bounded
on the South by the Westerly Extension of the Southerly Line of Lot 10, Block t0 of said Plat and
Bounded on the West by Indian Creek as shown an said Plat; Excepting therefrom, however, so
much thereof as was acquired by condemnation by the City of Miami Beach in the proceeding
instituted on or about May 10, 1950,by said City against the Lessor and others in the Circuit Court
of the Eleventh Judicial Circuit of Florida,in and for Miami-Dade County,at Law No,24096,to wit:
That Certain Parcel of land situate in the City of Miami Beach. County of Miami-Dade and State of
Florida,described and bounded as follows:
Beginning(P.0.13.)at point which is the intersection of the Easterly shore line of Indian Creek with
the Southerly line, produced Westerly, of Lot 10, Block 10, Amended Map of the Ocean Front
Property of the Miami Beach Improvement Company,a subdivision recorded in Plat Book 5, Page 7
of the Public Records of Miami-Dade County Florida, thence Easterly along the said Southerly line
of referenced Lot 10, produced as aforesaid, a distance of 25 feet, more or less to a point on the
Westerly line of said Indian Creek Drive; thence Northerly along the Westerly line Indian Creek
Drive,a distance of 20.00 feet; thence Westerly along a line parallel to and 20.00 feet Northerly of the
said Southerly line of Lot 10,produced as aforesaid,a distance of 25 feet,more or less,to a point on
the Easterly shore line of Indian Creek; thence Southerly Meandering along the Easterly shown of
Indian Creek to the Point of Beginning.
Parcel 2:
Beginning (P.O.B.) at the intersection of the North line of 28th Street and the West line of Indian
Creek Drive,thence North along the West line of Indian Creek Drive,a distance of 50.00 feet;thence
West, parallel to the North line of 28th Street, 25 feet, more or less, to the waters of Indian Creek;
Thence South, along the waters of Indian Creek, 50 feet, more or less, to the North line of 28th
Street; thence East along the North line of 28th Street, 25.5 feet, more or less, to the Point of
Beginning(P.0.13.)
2. The above described property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and
description of record whatsoever, except for mortgage or mortgages, if any, described in the Deed and except for real
estate and personal property taxes for the year 2017,which are not yet due and payable.
3. There have been no improvements,alterations, or repairs since acquisition by the Seller to the above described property
for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or
improving the same,which remain unpaid since the acquisition by Seller,and that there are no mechanic's,materialmen's,
or laborer's liens since acquisition by Seller against the above described property.
4. There have been no documents recorded in the Public Records of Miami-Dade County, Florida subsequent to March
6,2017,which affect title to the Property and Seller has not entered into any contracts for the sale,disposition or leasing
of the Property since said date except as may have been disclosed to SUZANNE A. DOCKERTY,P.A. in writing,and
Seller has no knowledge of any matter affecting title to the Property.
5. The personal property contained in the building on said property,or on the said premises,and which, if any,is being sold
free and clear of all liens, encumbrances, claims and demands whatsoever. The Seller knows of no violations of
File Number;247174-9
DoubleTimeo
Municipal or County Ordinances pertaining to the above described property.No judgment or decree has been entered in
any court in this State or the United States against said Seller which remains unsatisfied.There are no persons other than
Seller in possession of the above described property.
6. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used in
making the prorations used in closing the transfer and conveyance of the above described property to said buyers,then a
new proration and a correct and proper adjustment will be made upon demand.
7. There are no matters pending against the Seller that could give rise to a lien that would attach to the property between the
effective date of commitment and the recording of the interest to be insured. Seller has not and will not execute any
instruments that would adversely affect the interest to be insured.
8. Seller's title to,and possession and enjoyment of,the property have been open,notorious,peaceable and undisturbed,and
have never been disputed nor questioned.
9. There are no disputes concerning the boundary lines of the property,and the operation of any buildings on said property
has been in compliance with the applicable building codes,ordinances and statutes.
10. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable
zoning laws concerning said property within the past ninety(90)days.
11. There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party, including
but not limited to,proceedings in bankruptcy,receivership or insolvency,nor are there any judgments,bankruptcies, liens
or executions of any nature which constitute or could constitute a charge or lien upon said property.
12. There are no unrecorded easements,claims of easement or rights-of-way affecting all or any portion of the property.
13. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property
interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of tax is not required
upon purchase of the above described property,Seller certifies the following:
a. Seller is not a nonresident alien individual,foreign corporation, foreign partnership, foreign trust or foreign estate for
purposes of United States federal income taxation.
b. Seller's U.S.Taxpayer Identification Number is 65-0653302.
c. Seller's address is:2829 Indian Creek Drive,Miami Beach,FL 33140.
d. No other persons or entities have an ownership interest in the above described property.
Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with
the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands this certification may be
disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be
punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on
behalf of an entity Seller. Under penalties of perjury,Seller states that this declaration was carefully read and is true and
correct.
14. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced
property and, for the purpose of inducing SUZANNE A. DOCKERTY, P.A. and Old Republic National Title
Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are
relying upon the statements set forth herein. Seller hereby holds SUZANNE A. DOCKERTY, P.A. and Old Republic
National Title Insurance Company harmless and fully indemnifies same(including but not limited to attorneys' fees,
whether suit be brought or not, and at trial and all appellate levels,and court costs and other litigation expenses) with
respect to the matters set forth herein. "Affiant","Seller"and"Buyer" include singular or plural as context so requires or
admits. Seller further states that he/she is familiar with the nature of an oath and with the penalties as provided by the
laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature.
Seller further certifies that he/she has read,or heard read,the full facts of this Affidavit and understands its context.
Closing Affidavit(Seller)-Page 2
File Number:247174-9
DoubleTlmen
Under penalties of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
Clearview 'owers condominium Association, Inc.,a Florida
no . ofit corpo .tion
By: ../ /��' �►
•si•ent
State of Florida
County of Miami-Dade
I or
The foregoing instrument was sworn to and subscribed before me this day of
•,2017
y Jo
Llano,Preof
Clearview Towers Condominium Association, Inc.,a Florida not for profit corporati• ,on .eh.If of the corporationsfdent He/she
u is personally known to me or[X]has produced a driver's license as identification.
Notary Seal] Notary Public 'r,1/10
2MyPrinted Name: •_ i`r Ad.I • 1 02-
My
Commission Expires: ' '► 4A L. I l
,tea^"•e;-, OSNEYDA VERONICA DIAZ
Commiss ton N FF 209730
%4ftittto, MY Commission Expires
,, °, March arch 15, 2019
Closing 4ffidovit(Seller)-Page 3
File Number:247174-9
DoubleTImeo
CORPORATE RESOLUTION OF
CLEARVIEW TOWERS CONDOMINIUM ASSOCIATION, INC.,
A FLORIDA NOT FOR PROFIT CORPORATION
The undersigned certifies that at a meeting of all of the directors of le rview Towe
Condominium Association, Inc., a Florida not for profit corporation held on el I i
2017, the following resolution was duly adopted and voted,and it is in full force and effect an. has not
been rescinded or countermanded as of the date hereof:
RESOLVED, that John Llano,as President of Clearview Towers Condominium Association,
Inc., a Florida not for profit corporation is hereby authorized and directed to execute and deliver any
and all such instruments, agreements, deed, and such other documents and take such other action on
behalf of Clearview Towers Condominium Association, Inc. as may be necessary or appropriate to
close on the conveyance of a portion of 2829 Indian Creek Drive, Miami Reach, FL 33140 and
easement all as described in the Quit Claim Deed and Easement Agreement attached hereto and made a
part hereof, and to otherwise carry out the transaction contemplated by or to be taken by Clcarview
Towers Condominium Association, Inc. All documents shall be in such form as is deemed in the best
interest of Clearview Towers Condominium Association, Inc. in the opinion of John Llano, whose
determination thereof shall be conclusive and final.
FURTHER RESOLVED, That the Conveyance described herein does not constitute all or
substantially all of the assets of Clearview Towers Condominium Association, Inc.
CERTIFIED TO thisP r�
day of Maic1,2017.
Clearvi, v To vcrs Condominium Association,
Inc. Florida not for profit corporation
�� By/14
Witness Name: �
'/ -ems � •E j, - - President
1,
Witness Nam' :_ fpm yl �d , tel