Sup Agmt, Park Sublic. D of Cov
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Prepared By and After Recording
Should Be Retumed to:
Joel K. Goldman
Greenberg Traurig, PA
1221 Brickell Avenue
Miami, Florida 33131
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SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT (the oiAg~eement") is made and entered into as
of the~ day of October, 2001, by and among MURANO TWO, LTD., a Florida limited
partnership rMurano Two"), MURANO THREE, LTD., a Florida limited partnership rMurano
Three"; and together with Murano Two, the "Murano Entities"), SUN & FUN, INC., a Florida
corporation rS&F'), BEACHWALK DEVELOPMENT CORPORATION, a Florida corporation
(UBeachwalk"), AZURE COAST DEVELOPMENT, LTD., a Florida limited partnership ("Azurej, .
EAST COASTLINE DEVELOPMENT, LTD.. a Florida limited partnership rECO"), and
SANDPOINT FINANCIAL, L TO" a Florida limited partnership rSandpoint"; and together, S&F,
Beachwalk, Azure, ECD and Sandpoint are hereinafter referred to collectively as the "Portoflno
Entities"), the City of Miami Beach, Florida, a Florida municipal corporation, (the "Cityj, the
Miami Beach Redevelopment Agency, a Florida public agency organized and existing pursuant
to the Community Redevelopment Act of 1969, Chapter 163. Part III, Florida Statutes, as
amended (the "Redevelopment Agency"; together with the City, are sometimes referred to
herein as the "Licensee") and Miami Beach Marina Associates, Ltd., a Florida limited
partnership (the "Marina Lessee").
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A. The Murano Entities are the owners of'those certain parcels of land located In
Miami-Dade County, Florida. more particularly described on Exhibit "An attached hereto rSSOI
North Parcels"). The portion of the SSDI North Parcels owned by Murano Two is sometimes
hereinafter referred to as the, "South SSOI North Parcel", and the portion of the SSDI North
Parcels owned by Murano Three is sometimes hereinafter referred to as the "North SSOr"North
Parcel".- .
B. S&F and Beachwalk are the owners of that certain parcel of land located In
Miami-Dag~9>unty, Florida, more particularly described on Exhibit "B" attached bereto (the
"Goodmanttrrace Parcel").
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C. Azure is the owner of that certain parcel of land located in Miami-Dade County,
Florida, more particularly described on Exhibit "C" attached hereto (the "Hinson Parcel").
D. ECD is the owner of that certain parcel of land located in Miami-Dade County,
Florida, more particularly described on Exhibit "0" attached hereto (the "Alaskan/Cook Inlet
Parcel").
E, 5andpoint is the owner of that certain parcel of land located in Miami-Dade
County, Florida, more particularly described on Exhibit "E" attached hereto (the "Block 51
Parcel"; and together, the Goodman Terrace Parcel, the Hinson Parcel, the Alaskan/Cook Inlet
Parcel and Block 51 Parcel are sometimes hereinafter referred to as the "Portofino Parcels").
F. The City is the owner of that certain parcel of land located in Miami-Dade County,
Florida, more particularly described on. Exhibit "F" attached hereto (the "Federal Triangle
Parcel").
G. The 5501 North Parcels, the Goodman Terrace Parcel, the Hinson Parcel and
the Alaskan/Cook lnlet Parcel constitute all of the land currently governed by and subject to that
certain (i) Parking License dated May 24, 1999 (the "Parking License") by and among West
Side Partners, Ltd.. a Florida limited partnership ("West Side"). the Portofino Entities other than
5andpoint. the City and the Redevelopment Agency. (ii) Parking Sublicense dated May 24.
1999 (the "Parking Sublicense") by and between the Licensee and the Marina Lessee. and (iii)
Parking Covenant dated June 4. 2001 recorded in Official Records Book 19699, at Page 1456.
of the Public Records of Miami-Dade County. Florida (the "Parking Covenant") by and among
the Murano Entities and the Portofino Entities other than Sand point.
H. Pursuant to paragraph 3.2 of the Parking License, Murano Two has provided
notice to the City. Redevelopment Agency and Marina Lessee that Murano Two intends to
commence construction upon the South sSDI North Parcel.
I. The parties desire to enter into this Agreement for the purpose of modifying
certain terms and provisions set forth in the Parking License, Parking Sublicense and Parking
Covenant, and to enter into certain other agreements, all as more particularly set forth below.
NOW, THEREFORE. in consideration of Ten and No/100 Dollars ($10.00) and for other
good and valuable consideration. the receipt and isufficiency of which are hereby acknowledged.
the Portofino Entities. the Murano Entities. the City. the Redevelopment Agency and the Marina
Lessee hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
as if repeated at length.
2. Parkina.
(a) Parkina Plans. Paragraph 2 of the Parking License currently provides
that at such time as construction commences upon the 5501 North Parcels so that a
portion of the 5501 North Parcels is not available to be used for surface parking. then
such surface parking spaces which are temporarily 'unusable on the S5DI North Parcels
are to be transferred to one or more of the Goodman Terrace Parcel. Hinson Parcel
and/or Alaskan/Cook Inlet Parcel. The Portofino Entities have requested and the City.
Redevelopment Agency and Marina Lessee have agreed that the existing surface
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parking upon the North 5501 North Parcel shall be reconfigured and the additional
surface parking shall be provided upon the Alaska/Cook Inlet Parcel, Block 51 Parcel
and a portion of the Hinson Parcel, all in accordance with the parking space plan
prepared by Kimley-Horn and Associates, Inc., a copy of which is attached hereto as
Exhibit "G" (as modified in accordance with the terms hereof, the "Parking Plans").
The Parking Plans shall be modified as follows: (i) the minimum lighting standard which
is currently provided on the baywalk behind the "Yacht Club at Portofino" condominium
project shall be provided along the entry accessway to the temporary parking and the
extended baywalk accessway to be located upon the Good!!,~n Terrace Parcel and
Hinson Parcel, and (ii) the sliding gate to be constructed upon the Block 51 Parcel shall
be replaced with a mechanical arm. Except only as provided in the immediately
preceding sentence and in subparagraph f below, the Parking Plans shall not be
modified in any material respect without the consent of the parties hereto, The Marina
Lessee, the City and the Redevelopment Agency acknowledge and agree that the 425
surface parking spaces to be provided under the Parking Plans satisfy the requirements
under the Parking License and Parking Sublicense notwithstanding that the total number
of surface parking spaces to be provided upon the North SSDI North Parcel,
Alaskan/Cook Inlet Parcel, Block 51 Parcel and a portion of the Hinson Parcel in
accordance with the Parking Plans is less than 436 in the aggregate.
(b) Construction of Temporary Parkina. Murano Two shall, at the City's sole
cost and expense, be responsible for obtaining all necessary permits and approvals and
for reconfiguring the parking spaces on the North 5501 North Parcel and constructing
the additional parking spaces (including all lighting, landscaping, curb cuts and
accessways) on the Alaskan/Cook Inlet Parcel, Block 51 Parcel and a portion of the
Hinson Parcel in substantial accordance with the Parking Plans, Budget (as hereinafter
defined) and all applicable federal, state and local laws, rules, regulations, statutes and
ordinances. The City, Murano Three, Marina Lessee and Portofino Entities hereby
agree to cooperate in good faith to assist Murano Two in obtaining such permits and
approvals and completing the construction of the temporary parking in accordance with
the Parking Plans in a timely manner. The Portofino Entities, Murano Three and the City
hereby grant to Murano Two and its employees, agents, contractors, subcontractors,
materialmen, suppliers, engineers, architects and other design professionals a
temporary license to enter upon the North SSDI North Parcel, Portofino Parcels and the
Federal Triangle Parcel for the purpose of completing the construction of the temporary
parking in accordance with the Parking Plans. Murano Two shall complete the
construction of the temporary parking without the imposition of any construction liens
upon the North 5501 North Parcel, Portofino Parcels and/or Federal Triangle Parcel.
Murano Two hereby agrees, at its sole cost and expense and without reimbursement
from the City, to construct and install (i) one illuminated identification sign in accordance
with the applicable City zoning code, (ii) an approximately 15' x 15' canvas covered
shelter installed on a concrete pad (to the extent such concrete pad is permitted to be
constructed by the City), and (iii) a 4' x 4' concrete pad with electrical and telephone
conduits, all to be located generally as depicted on Exhibit "G-1" attached hereto.
Murano Two also agrees to provide the Marina Lessee with a $2,000.00 allowance to be
utilized by the Marina Lessee to provide additional facilities associated with the
temporary parking, such facilities to be constructed and/or installed by the Marina
Lessee.
(c) Indemnification/lnsurance. Murano Two hereby agrees to indemnify,
defend and hold the Portofino Entities, Murano Three and City harmless from and
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against any costs, liabilities, expenses, losses, claims or damages, including, without
limitation, reasonable attomey's fees and costs at trial and all appellate levels, resulting
from third party claims relating to injury or death to persons, or loss of or damage to
property resulting from, arising out of or in connection with the construction of the
temporary parking upon the North SSDI North Parcel, Portofino Parcels and the Federal
Triangle Parcel. Prior to taking possession of the North SSDI North Parcel, Portofino
Parcels and Federal Triangle Parcel, Murano Two shall provide to the Portofino Entities,
Murano Three and the City a copy of its liability and builder's risk insurance (if
applicable), along with an appropriate endorsement showing the Portofino Entities and
the City as additional insureds, which policy must be continuously maintained by Murano
Two (or its successors and assigns) or replaced with another acceptable policy prior to
the expiration of the original policy until the construction of the temporary parking has
been completed. The general liability policy shall have limits of at least $5,000,000 for
death and bodily injury and $5,000,000 for property damage, and Murano Two may
maintain the foregoing in the form of a blanket insurance policy. Murano Two shall also
require its contractors to maintain general liability insurance and workmen's
compensation insurance in commercially reasonable amounts and as required by
applicable law.
(d) Budaet: Reimbursement. The parties hereto have all agreed upon the
preliminary budget attached hereto as Exhibit "H" (the "Preliminary Budget") with
respect to the reconfiguration of the parking spaces on the North SSDI North Parcel and
construction of the additional parking spaces (including all lighting, landscaping, curb
cuts and accessways) on the Alaskan/Cook Inlet Parcel, Block 51 Parcel and a portion
of the Hinson Parcel in accordance with the Parking Plans. Murano Two shall obtain
bids from duly licensed Florida contractors to complete the work, and based upon the
bids, shall prepare a budget and submit the same to the City Manager's office for
approval, such approval not to be unreasonably withheld or delayed provided the budget
is consistent with the Preliminary Budget, subject to any modifications resulting from
changes to the work required by governmental authorities. The final budget as approved
by the City Manager is referred to in this Agreement as the "Budget." The City shall
reimburse Murano Two for all out of pocket expenses incurred by Murano Two in
connection with the permitting and construction of the temporary parking spaces
(including all lighting, curb cuts and accessways) upon the North SSDI North Parcel,
Portofino Parcels and Federal Triangle Parcel, including, without limitation, all
processing and permitting fees and expenses, architect, engineer and other design
professional fees and expenses, attorneys' fees and costs and construction costs and
expenses, provided the same are consistent with the Budget or otherwise pre-approved
in writing by the City. In this regard, Murano Two shall submit invoices evidencing the
costs and expenses incurred by Murano Two no more frequently than once per month,
and the City shall reimburse Murano Two in full within thirty (30) days following the City's
receipt of such invoices.
(e) Licenses. S&F, Beachwalk and Azure hereby agree to execute and
deliver to the City and Redevelopment Agency for the benefit of the Marina Lessee, its
guests and invitees (i) a revocable license in the form of Exhibit "I" attached hereto
.over (x) the portion of the Goodman Terrace Parcel and Hinson Parcel more particularly
described in Exhibit "J" attached hereto for the purpose of providing vehicular ingress
and egress to the temporary surface parking spaces to be constructed upon the
Alaskan/Cook Inlet Parcel and a portion of the Hinson Parcel, and (y) the portion of the
Hinson Parcel more particularly described on Exhibit UK" attached hereto for the
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purpose of providing pedestrian and small electric powered type vehicles or similar
vehicles (such as golf carts) and/or gas or diesel powered tram(s) access to the
temporary surface parking spaces to be constructed upon the Alaskan/Cook Inlet Parcel
and a portion of the Hinson Parcel, all upon completion of construction of the temporary
surface parking spaces upon the Alaskan/Cook Inlet Parcel and Hinson Parcel. The
Licensee hereby agrees to execute and deliver to the Marina Lessee, its guest and
invitees a sublicense in the form of Exhibit "L" attached hereto, which shall also include
a non-exclusive, revocable license over the Federal Triangle Parcel for the purposes set
forth in (y) above. Murano Two hereby agrees to cause its affiliate, TRG-SSDI, Ltd., a
Florida limited partnership, to provide continuous paved access along the baywalk (or a
portion thereof) (or alternative reasonable paved access along the westerly portion of
such project) to the accessway described on Exhibit uK" attached hereto for the
purposes set forth in (y) above.
(f) Modifications to Parkina License. Parkina Sublicense and Parkina
Covenant. The Parking License, Parking Sublicense and Parking Covenant are hereby
amended as follows: (i) the Block 51 Parcel shall be included as part of the Portofino
Parcels, (ii} the City, Redevelopment Agency and Marina Lessee hereby acknowledge
and agree that the 425'surface parking spaces as provided in the Parking Plans shall be
deemed for all purposes to fully satisfy the obligations to provide temporary parking
spaces under the Parking License and Parking Sublicense, (iii) the Goodman Terrace
Parcel and Hinson Parcel (other than the portion utilized for surface parking as provided
in the Parking Plans) shall be released from the obligation to provide land for surface
parking under the Parking License, Parking Sublicense, Parking Covenant and this
Agreement at such time in the future as (x) a building permit and/or foundation permit
has been issued by the City for construction of vertical improvements upon such
parcel(s), provided, in any event, (a) the Goodman Terrace Parcel and Hinson Parcel
(other than the portion utilized for surface parking as provided in the Parking Plans) shall
not be released pursuant to this clause (x) prior to a date which is the earlier to occur of
three (3) years following the date hereof or the date a temporary certificate of occupancy
or permanent certificate of occupancy, as applicable, has been issued for the permanent
parking spaces to be provided to the City upon the South SSDI North Parcel, (b) the
owner of the Goodman Terrace Parcel and Hinson Parcel shall provide the City and
Marina Lessee with at least thirty (30) days prior written notice of their intention to obtain
a foundation and/or building permit, (c) the owner of the Goodman Terrace Parcel and
Hinson Parcel agree to continue to provide the access across the portion of the
Goodman Terrace Parcel and Hinson Parcel set forth on Exhibit uJ" attached hereto until
such time as no surface parking is provided on the Hinson Parcel, and thereafter, the
owner of the Goodman Terrace Parcel and Hinson Parcel agree to use their good faith
efforts to continue such access, provided such access is safe and practicable, is
permitted by applicable governmental authorities and will not materially and adversely
interfere with the development upon the Goodman Terrace Parcel and/or Hinson Parcel,
and (d) in the event the access to the temporary parking is relocated to Washington
Avenue, the owner of the Goodman Terrace Parcel and Hinson Parcel shall pay the
actual cost incurred by the Marina Lessee to relocate the identification sign to the
relocated entrance, relocate (or reconstruct) the 4' x 4' concrete slab provided by
Murano Two, relocate the canvas covered shelter and install landscaping along the new
entry accessway, provided the cost of all of the foregoing shall not exceed $25,000.00 in
the aggregate, or (y) the holder of any mortgage encumbering the Goodman Terrace
Parcel and/or Hinson Parcel either forecloses upon said parcel(s) or accepts a deed to
such parcel(s) in lieu of foreclosure. (and in the e~ent of (x) or (y) above, reasonable
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access to the temporary parking constructed upon the Alaskan/Cook Inlet Parcel and a
portion of the Hinson Parcel shall be provided from Washington Avenue, whereupon the
City agrees that the Declaration of Restrictive Covenants in Lieu of Unity of Title required
in connection with the approval of the construction of the temporary parking spaces in
accordance with the Parking Plans shall be modified to release the Goodman Terrace
Parcel and the portion of the Hinson Parcel not utilized to provide surface parking under
the Parking Plans), (iii) the portion of'the Hinson Parcel which is located east of the
accessway described on Exhibit "J" attached hereto and utilized for 17 surface parking
spaces as provided in the Parking Plans shall be released from the obligation to provide
land for surface parking under the Parking License, Parking Sublicense, Parking
Covenant and this Agreement at such time in the future as a temporary certificate of
occupancy or permanent certificate of occupancy, as applicable, has been issued for the
permanent parking spaces to be provided to the City upon the South SSDI North Parcel,
(iv) the accessway described on Exhibit · J" attached hereto may be relocated further to
the east in a location reasonably acceptable to the Portofino Entities and Marina Lessee
to the extent required by the Florida Department of Transportation or other governmental
entity regulating safety and/or traffic, and (v) for so long as access to the temporary
parking is -'provided over the Goodman Terrace and Hinson Parcel, access from
Washington Avenue to the Alaskan/Cook Inlet Parcel shall be closed off by constructing
a fence and/or secured gate along the eastern boundary of said property as provided in
the Parking Plans.
3, Temoorarv Sales Facilitv. Notwithstanding anything to the contrary set forth in
the Parking License, the City and Marina Lessee hereby acknowledge and agree that upon the
issuance of a certificate of occupancy and/or certificate of completion, as applicable, for the
surface parking to be reconfigured upon the North SSDI North Parcel in accordance with the
Parking Plans, Murano Two shall be permitted to construct a sales facility upon the SSDI North
Parcels in the location and pursuant to the plan attached hereto as Exhibit elM" and by this
reference made a part hereof; provided, however, until such time as the temporary parking is
constructed upon the Alaskan/Cook Inlet Parcel and Block 51 Parcel in accordance with the
Parking Plans and is available for use by the Marina Lessee (i) no cocktail parties or
promotional events shall take place within the sales facility, and (ii) the hours of operation of the
sales facility to the public shall be limited to 9:00 a,m, to 6:00 p.m., Monday through Sunday
(excluding Fridays) and 9:00 a.m. to 5:00 p.m. on Fridays; provided, however, that employees
and/or sales agents of Murano Two shall be permitted to occupy the sales .facility at all hours.
In any event, for any cocktail parties and promotional events, Murano Two agrees that (i)
Murano Two shall provide at least ten (10) days prior written notice to the Marina Lessee and
shall provide valet parking for all cocktail parties and promotional events at the sales facility to
assure that parking for the event will not be on the Marina Lessee's parking spaces located on
the SSDI North Parcels, (ii) without the written consent of the Marina Lessee, Murano Two shall
have no more than fifteen (15) cocktail parties or promotional events per year which are held on
a Friday or Saturday after 4:00 p.m. at the sales facility, (iii) Murano Two shall pay to the Marina
Lessee the sum of $60,00 per hour (to be used by the Marina Lessee to provide appropriate
security personnel to assure compliance with (i) above) for each hour that Murano Two holds a
cocktail party or promotional event at the sales office after 4:00 p.m, on Fridays and Saturdays,
such amount to be paid prior to the event, and (iv) to the extent Marina Lessee, in its reasonable
discretion, deems it necessary to provide security personnel, Murano Two shall pay to the
Marina Lessee the sum of $20.00 per hour (to be used by the Marina Lessee to provide
appropriate security personnel to assure compliance with (i) above) for each hour that Murano
Two holds a cocktail party or promotional event at the sales office Sunday through Thursday or
prior to 4:00 p.m. on Fridays or Saturdays, such amount to be paid prior to the event. Murano
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Two agrees that the sales facility to be constructed upon the SSDI North Parcels shall be
constructed in accordance with all applicable federal, state and local laws, rules, ordinances,
regulations and statutes.
4. Relocation of Trees. In connection with the construction of the temporary parking
in accordance with the Parking Plans, certain trees are to be relocated from the Alton Road
median and the SSDI North Parcels to provide landscaping for the temporary parking. The
Murano Entities, the Marina Lessee and the City shall each be responsible for 1/3 of the costs
incurred in connection with the relocation of the trees from the Alton Road median, such
amounts to be paid within thirty (30) days fonowing the receipt of an invoice therefor. The trees
relocated from the Alton Road median shall belong to the City. The Murano Entities shall be
solely responsible for the costs incurred in connection with the relocation of the trees from the
SSDI North Parcels, subject to the reimbursement provisions provided below. The Murano
Entities shall submit invoices to the City for the costs incurred by the Murano Entities to relocate
the trees from the SSDI North Parcels, and the City shall have. the option to reimburse the.
Murano Entities for such costs within thirty (30) days following the receipt thereof. .In the event
the City fully reimburses the Murano Entities for the relocation costs incurred within such thirty
(30) day period, the trees which are relocated from the SSDI North Parcels shall belong to the
City; otherwise, the trees shall belong to the Murano Entities. At such time as the temporary
parking is no longer required to be provided upon the Alaskan/Cook Inlet Parcel, Block 51
Parcel and/or a portion of the Hinson Parcel, the City shall, at the City's sole cost and expense,
promptly remove the trees which belong to the City from the Alaskan/Cook Inlet Parcel, Block
51 Parcel and/or portion of the Hinson Parcel, as applicable, and the Murano Entities shall, at
the Murano Entities' sole cost and expense, promptly remove the trees which belong to the
Murano Entities.
5. Miscellaneous.
(a) Prevaillna Party. In the event of litigation anslng out of the terms of this
Agreement, the prevailing party in any such action shall be entitled to
reimbursement of reasonable attorneys' fees and costs incurred at trial and all
appellate levels.
(b) Counteroarts. This Agreement may be executed in any number of counterparts
and by the separate parties hereto in separate counterparts, each of which when
taken together shall be deemed to be one and the same instrument.
(c) Construction. The section headings contained in this Agreement are for
reference purposes only and shall not affect the meaning or interpretation hereof.
All of the parties to this Agreement have participated fully in the negotiation of
this Agreement, and accordingly, this Agreement shall not be more strictly
construed against anyone of the parties hereto. In construing this Agreement,
the singular shall be held to include the plural, the plural shall be held to include
the singular, and reference to any particular gender shall be held to include every
other and all genders.
(d) Notices. Any and all notices required or desired to be given hereunder shall be
in writing and shall be deemed to have been duly given when delivered by hand
or three (3) business days after deposit in the United States mail, by registered or
certified mail, return receipt requested, postage prepaid, and addressed to the
address set forth immediately beneath each party's signature below (or to such
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other address as either party shall hereafter specify to the other in writing). Any
party may change the address for notice purposes by giving written notice
thereof to the other parties, which shall be effective upon receipt by each of the
other parties.
(e) Severabilitv. In the event any term or provision of this Agreement is determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or be construed as deleted as such
authority determines, and the remainder of this Agreement shall be construed in
full force and effect.
(f) Successors and Assians. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
(g) Exhibits. All of the Exhibits attached to this Agreement are incorporated in, and
made a part of, this Agreement.
(h) Enforcement. In the event of a default hereunder, the non-defaulting party shall
be entitled to seek all remedies available at law or in equity.
(i) Time. Time is of the essence with respect to each provision of this Agreement.
0) Liens. The City, Redevelopment Agency and Marina Lessee, as applicable, shall
permit no liens or claims of lien to be filed against the SSDI North Parcels and/or
Portofino Parcels in connection with the operation and maintenance of the
temporary parking facilities by or on behalf of such entity and shall promptly
discharge or transfer to bond any lien that may be filed against such property(ies)
by reason of such entity's activities thereon. The City, Redevelopment Agency
and Marina Lessee, as applicable, further agree to promptly pay and satisfy all
liens of contractors, subcontractors, mechanics, laborers and materialmen
performing work on behalf of such entity. The City, Redevelopment Agency and
Marina Lessee acknowledge and agree that none of the work being performed in
connection with the operation and/or maintenance of the temporary parking
facilities is being performed on behalf of the Murano Entities or Portofino Entities
and that the City, Redevelopment Agency and Marina Lessee are acting merely
in their capacity as a licensee or sublicensee under the Parking License and/or
Parking Sublicense.. In that regard, it is expressly understood and agreed by the
City, Redevelopment Agency and Marina Lessee that neither the City,
Redevelopment Agency and/or Marina Lessee nor any of their respective
contractors, subcontractors, agents and/or materialmen shall have any lien rights
against the properties referenced above, and the City, Redevelopment Agency
and Marina Lessee covenant and agree to advise all such contractors,
subcontractors, agents and/or materialmen in writing and to incorporate into any
contracts or agreements for labor, work and/or materials, the terms, provisions
and limitations set forth in this paragraph.
6. Amendments: Termination. This Agreement may not be amended, modified or
terminated except by written agreement of all of the parties hereto or their respective
successors and/or assigns, and the holders of any mortgages of record encumbering the
affected parcels; provided, however, that with respect to any portion of a parcel which has been
submitted to condominium form of ownership, the instrument of amendment or termination shall
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be executed solely by the condominium association in lieu of the individual condominium
owners and their mortgagees.
7. Entire Aareement. This Agreement constitutes the entire agreement between the
parties with respect to th~ subject matter hereof and supercedes all prior agreements,
understandings and arrangements, both oral and written, between the parties with respect
thereto to the extent in conflict herewith.
EXECUTED as of the date and year first above written.
Witnessed by: d
~~~
~e
(Corporate Seal)
Address:
404 Washington Avenue, Suite 120
Miami Beach, Florida 33139
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ~y of October, 2001,
by Margaret Nee, as President of Sun & Fun, Inc., a Florida corporation, on behalf of said
corporation. She is personally known to me or presented
as identification.
My commission expires:
'l&V
CATHERINE p COLONNE5E
NOrAllY PUBUC Sl'ATE ()Il FLOK1DA
coYMJSlSlON NO. COlO5179
MY~ONEXP. AN,2S~
Name:
Notary Public, State
Commission No.
9
j
Witnessed by:
BEACHWALK DEVELOPMENT CORPORATION,
a Florida corporation
By:
Name: Margaret
Title: President
~/)e~
(Corporate Seal)
Address:
404 Washington Avenue, Suite 120
Miami Beach, Florida 33139
STATE OF FLORIDA
)
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ~ay of October, 2001,
by Margaret Nee, as President of Beachwalk Development Corporation, a Florida corporation,
on behalf of said corporation. She is ~ersonallv known to me or presented
as~entificatio~
Name.
Notary Public, State of Florida 1::t
Commission No. c..l: Q051
My commission expires:
10
Witnessed by:
AZURE COAST DEVELOPMENT, LTD., a Florida
limited partnership
/I
By:
Azure Coast, Inc., a Florida corporation,
Gen ral Partner
(Corporate Seal)
6~
~~~
By:
Name: Margaret N e
Title: President
Address:
404 Washington Avenue, Suite 120
Miami Beach, Florida 33139
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ~ay of October, 2001,
by Margaret Nee, as President of Azure Coast, Inc., a Florida corporation, General Partner of
AZURE COAST DEVELOPMENT, LTD., a Florida limited partnership, on behalf of said
corporation and partnership. She is Dersonally known to me or presented
as I~:.(}tt+n I ^, u ~ j J Jf'A Y1 ,
NOtary.~~q~~~:V'V V\-
My commission expires: Commission No. ~O'2! T.:J.
OFFlCALNOfARYS
CAnmuNE' COl.ONNBE
NOfARYPUBUCSTATEOFFLORJDA
COMMJS6l0N NO. CCSI05179
MYCOMMlSSION EXP. AN.2S
11
Witnessed by:
SANDPOINT FINANCIAL, LTD., a Florida limited
partnership
By:
. . /
~~A~
~
Sandpoint Financial Corp., a Florida
oration, General Partner
(Corporate Seal)
Address:
404 Washington Avenue, Suite 120
Miami Beach, Florida 33139
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ~ay of October, 2001,
by Margaret Nee, as President of Sandpoint Financial Corp., a Florida corporation, General
Partner of SANDPOINT FINANCIAL, LTD., oa Florida limited partnership, on behalf of said
corporation and partnership. She is e!!rsonally known to m~ or presented
as identification.
My commission expires:
Nam
Notary Public, State
Commission No.
OFFlOALNarARY5
CATHEJUNE ,c:oLONNfSE
NarAllY pUBLIC 5rATE OF FLORIDA
coM}.OSS1ON NO. CC905179
MYCOM~lON EXP. AN.2S
12
Witnessed by:
EAST COASTLINE DEVELOPMENT, LTD., a
Florida limited partnership
East Coastline, Inc., a Florida corporation,
General Partner
By:
Name: Margaret
Title: President
(Corporate Seal) .
~
Address:
404 Washington Avenue, Suite 120
Miami Beach, Florida 33139
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE ) ~
The foregoing instrument was acknowledged before me this ~ day of October, 2001,
by Margaret Nee, as President of East Coastline, Inc., a Florida corporation, General Partner of
EAST COASTLINE DEVELOPMENT, LTD., a Florida limited partnership, on behalf of said
corporation and partnership. She is -'personally known to me or presented
as identification.
My commission expires:
Nam:
Notary Public, Stat
Commission No.
OFFICIAL NarARYSEAL
CATHERINE' COLONNESE
NarAllYpUBLlC5rATEOiFLORJDA
COMMJSSION NO. CC905179
MYcoMMlSSlON EXP. AN.2S
13
i
Witnessed.. by:
MURANO TWO, L TO., a Florida limited partnership
By: Murano Two, Inc., a Florida corporation.
General Partner
By:
Name:
Title:
~ f}~tI/~~ IO'Al, Address:
Name: 74~.
(i)~ AVAM. KR.PATRICK
: :-,.}. MY COMMISSION' CC 748173
~ . .& EXPIRES: J\Ite 3, 2002
IIoncIid 11uu NalIIy NIle lhIIIwriIIrI
14
2828 Coral Way, PH Suite
Miami Beach, Florida 33145
..
Witnessed by:
MURANO THREE, LTD., a Florida limited
partnership
By:
alll
Matthew All n
Vice Pre~ t
(Corporate Seal)
2828 Coral Way, PH Suite
Miami Beach, Florida 33145
By:
Name:
Title:
~" ' .,
Name: 1!JJtrflfflJiML
Address:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this~ day of October, 2001,
by Matthew Allen, as Vice President of Murano Three, Inc., a Florida corporation, General
Partner of MURANO THREE LT' limited partnership, on behalf of said corporation
and partnership. He s personally known to m or presented
as identification.
My commission expires:
Name./~tII~
Notary Public, State 0 Florida .
Commission No.
'N~ AVAM.KIlPATRICK
~ \ MY COMMISSION. CC 748173
. EXPIRES: JIIIl8 3, 2002
llQnded Tlvu NolIIy PubIc UndIIWril8rt
15
~~~~
Namfift~l ~
By:
Name: Neisen O. Kasdin
Title: Mayor
MI BEACH, a municipal
Witnessed by:
THE CITY
corporation
(Corporate Seal)
Address:
1700 Convention Center Drive
Miami Beach, Florida 33139
STATE OF FLORIDA )
. ) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ~ay of October, 2001,
by Neisen O. Kasdin, as Mayor of the City of Miami Beach, a municipal corporation, on behalf of
said municipal corporation. HEL... is personally known to me or presented
as identification.
Name: fJ?~\ ~
Notary Public, State of Flori a
My commission expires: Commission No.
o NarARYSEAL
E B ICLEIER
NOJ"ARY PUBLIC STATE OF FLORIDA
CDMMISSION NO. CC&12I16
, MY CDMMISSION EXP. MAY 3
APPRoveD ~ TO
FORM & LANGUAGE
& FOR EXECUTION
1JJ 'fJ!i!1L - tfJ, S-O J
City mey ~ Date
16
. ,
Witnessed by:
THE MIAMI BEACH REDEVELOPMENT AGENCY,
a public agency organized and existing pursuant to
the Community Redevelopment Act of 1969, as
amended, Chap er 1 rt III Florida Statutes
~~
Name: t! (ff" . ~
fjlJlA 0 J ~
Name: ~6K1P..1Ll-
By:
Name: Neisen O. Kasdin
Title: Chairman
(Corporate Seal)
Add res,s:
1700 Convention Center Drive
Miami Beach, Florida 33139
STATE OF FLORIDA
,
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ?!!J.day of October, 2001,
by Neisen O. Kasdin, as Chairman of The Miami Beach Redevelopment Agency, a public
agency organized and existing pursuant to the Community Redevelopment Act of 1969, as
amended, Chapter 163, Part III Florida Statutes, on behalf of said public agency. He is
personallY known to me or presented -as
identification.
t;J ~'
Na~YJ ~
Notary Public, State of Florida
Commission No.
My commission expires:
o CALNOI'ARYSEAL
E B ICLEIER
NOI'ARY PUBLIC STATE OF FLORIDA
. CDMMISSION NO. CC'.832876
CDMMISSION EXP. MAY 3
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1111 ?J.{[)JJIJ" fd...~ _() \
_,~0at8
General CouniIeI r"
17
Witnessed by:
MIAMI BEACH MARINA ASSOCIATES, LTD., a
Florida limited partnership
By: SoBe Marine, Inc., a Florida corporation,
general pa r
NS'~~.D(~O
Address:
300 Alton Road
Miami Beach, Florida 33139
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this.) 1tJ...day of October, 2001,
by Robert W. Cristoph, as President of SoBe Marine, Inc., a Florida corporation, General
Partner of Miami Beach Marina Associates, Ltd., a Florida limited partnership, on behalf of said
corporation and partnership. He is personally known to me..Of pre't~nh:~rl
36 identifisatioAI
My commission expires: ~/i; lo~
Name: ~ .:~
Notary Public, State of F1orid~ r'
Commi~sion No. (!, d.. '1 J '1 , -=>
e~D"~~\ MYCOMM:O:: ~~~'95 EXPIRES
~ : : February 11. 2002
[Ill..... " IONDfO 1HllU tROY fMlIIIMUNCE. INC.
..;.1t(.t.I..
18
CONSENT AND SUBORDINATION
The undersigned, City National Bank of Florida, a national banking corporation, as the
holder of that. certain Mortgage and Security Agreement recorded in Official Records Book
19788, at Page 2375 of the Public Records of Miami-Dade County, Florida, which encumbers
the Portofino Parcels, hereby consents to and subordinates the lien and operation of said
mortgage to the Supplemental Agreement.
NATIONAL BANK OF
a national banking
~C>/t&1 ~-;
Print Name: . / L _' '~.J
By:
Name:
Title:
STATE FLORIDA )
)SS:
COUNTY OF MIAMI-DADE )
The re oin 'ns ment was aclsoo!YI~ged ~fore me this Ia day of October, 2001,
b , as ~ V ilB W-es.of City National Bank of Florida, a
nati~:mal banking corporation, on behalf of said cowpfc!.t!~n,- lJ:!e/~~e _is pe~pJlalJY known to me
or IS personally known to me or presented t=l.aJ~Lver--.::J LLcefl~ as
identification.
My commission expires:
Name~fl{J, f/d~
Notary Public, State of Florida
Commission No.
Q)..... AVA M. KIlPATRICK
i i.\ MY COMMISSION. CC 748173
. EXPIAES: June 3, 2Oll2
. . IIondId lllIII N*Y PubIc UncIInwtters
19
CONSENT AND SUBORDINATION
The undersigned,Wachovia Bank, N.A., as the holder of (i) that certain Mortgage,
Assignment of Rents, Security Agreement and Financing Statement recorded in Official
Records Book 19699, at Page 1500, of the Public Records of Miami-Dade County, Florida, and
(ii) that certain Mortgage, Assignment of Rents, Security Agreement and Financing Statement
recorded in Official Records Book 19699, at Page 1527, of the Public Records of Miami-Dade
County, Florida, which encumber the SSDI North Parcels, hereby consents to and subordinates
the lien and operation of said mortgages to the Supplemental Agreement.
WACHOVIA BANK, N.A.,
By: '-1~~ ~.
Name: I~~L"I {--~~-r~A..IJ..~.
Title: ~; V (J ""
STATE FLORIDA )
., ) SS:
COUNTY OF f11lall4/~J)
The foregoj(lg i!1sJrumen was acJmQ..w1~~ged ,Aefore me this r.a.. day of October, 2001,
by . tefr r: ,as:::(: VILe~ - of Wachovia Bank, N.A., on behalf
of Wachovia Bank~ N.A. HI IShe is pe'lo...~lIy_ known to me or is personally known to me or
presented FltY1ro.. Cin VR"~ ,ll~as identification.
Na~~' rIi}~
Notary Public, State of Florid~
My commission expires: Commission No.
"....H~.. AVA M. KILPATRICK
t.~~ :-~~ MY COMMISSION' CC 748173
& . . f EXPIRES: June 3, 2Oll2
IlandI4 nvu NolIIy Public \JndItWriI1.,
1316467v01\S7SJ011.00C\617/01
20
EXHIBIT "A"
PHASE 1
BEING A PORTION OF LOTS 30 THRU 42, BLOCK 111, OCEAN BEACH, FLA ADDITION NO.3
ACCORDING TO THE PLAT THEREOF, A SUBDIVISION RECORDED IN PLAT BOOK 2, PAGE 81 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FL.
(P.O.B.) BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 30 BLOCK 111 P.B. 2 AT PAGE
81 THENCE RUN NORTH 320 12' 16" WEST ALONG THE WESTERLY RIW LINE OF ALTON ROAD A
DISTANCE OF 588.17 FEET TO A POINT. THENCE RUN SOUTH 570 47' 44" WEST PARALLEL TO
THE SOUTHERLY LINE OF SAID;LOT 30 A DISTANCE OF 186.95 FEET TO A POINT. THENCE RUN
NORTH 320 12'16" WEST PARALLEL TO THE WESTERLY RIW LINE OF ALTON ROAD A DISTANCE
OF 26.50 FEET TO A POINT. THENCE RUN SOUTH 57047' 44" WEST PARALLEL TO THE
SOUTHERLY LINE OF LOT 30 A DISTANCE OF 113.05 FEET TO A POINT. THENCE RUN SOUTH 320
12'16" EAST PARALLEL TO THE WESTERLY RIW LINE OF ALTON ROAD A DISTANCE OF 614.67
FEET TO A POINT ALSO BEING THE SOUTHWESTERLY CORNER OF SAID LOT 30. THENCE
NORTH 57047' 44" EAST ALONG THE SOUTHERLY LINE OF LOT 30, A DISTANCE OF 300.00 FEET
TO THE POINT OF BEGINNING, TOGETHER WITH THE ACCRETIONS THERETO MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN (P.O.B.) AT THE SOUTHWESTERLY CORNER OF LOT 30, BLOCK 111, OCEAN BEACH, FLA,
ADDITION NO.2, RECORDED IN PLAT BOOK 2, PAGE 81 OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA AND RUN S. 57047' 44" W. A DISTANCE OF 22.25 FEET TO THE FACE
OF A CONCRETE BULKHEAD ALSO BEING THE FACE OF THE ACCRETED LAND WESTERLY OF
THE WESTERLY LINE OF REFERENCED BLOCK 111; THENCE RUN N. 320 08' 04" W. ALONG THE
FACE OF SAID BULKHEAD A DISTANCE OF 400.00 FEET; THENCE RUN N. 32023' 49" W. A
DISTANCE OF 55.14 FEET; THENCE N. 300 36' 31" W. A DISTANCE OF 44.30 FEET; THENCE RUN
N. 59023' 17" E. A DISTANCE OF 8.59 FEET; THENCE RUN N. 250 23' 22" W. A DISTANCE OF 36.44;
THENCE RUN S. 580 03'18" W. A DISTANCE OF 13.54 FEET; THENCE RUN N. 310 13' 12" W. A
DISTANCE OF 25.60 FEET; THENCE RUN N. 600 19' 11" E. A DISTANCE OF 10.78 FEET; THENCE N.
21007' 50" W. A DISTANCE OF 23.14 FEET; THENCE RUN S. 600 26' 46" W. A DISTANCE OF 14.68
FEET; THENCE RUN N. 380 58' 20" W. A DISTANCE OF 30.95; THENCE RUN N. 57047' 44" E. A
DISTANCE OF 24.00 FEET; THENCE RUN S. 32012' 16" E. A DISTANCE OF 614.67 FEET TO THE
POINT OF BEGINNING (P.O. B.}.
PHASE 2 '
BEING A PORTION OF LOTS 41 AND 42, BLOCK 111, 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 AND ALL OF LOTS 43,44,45,46,47,48A, 49B
AND 50C, OF DADE COUNTY PROPERTY OF MIAMI BEACH ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 14, PAGE 70 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT 30 BLOCK 111 P.B. 2 AT PAGE 81
THENCE RUN NORTH 320 12'16" WEST ALONG THE WESTERLY RIW LINE OF ALTON ROAD A
DISTANCE OF 588.17 FEET TO THE POINT OF BEGINNING. THENCE RUN SOUTH 57047' 44" WEST
PARALLEL TO THE SOUTHERLY LINE OF SAID LOT 30 A DISTANCE OF 186.95 FEET TO A POINT.
THENCE RUN NORTH 320 12'16" WEST PARALLEL TO THE WESTERLY RIW LINE OF ALTON
ROAD A DISTANCE OF 26.50 FEET TO A POINT. THENCE RUN SOUTH 57047' 44" WEST
PARALLEL TO THE SOUTHERLY LINE OF LOT 30 A DISTANCE OF 113.05 FEET TO A POINT.
THENCE RUN NORTH 320 12' 16" WEST WITH A DISTANCE OF 94.98 FEET TO A POINT. THENCE
RUN NORTH 280 29' 08" WESTWlTH A DISTANCE OF 323.93 FEET TO A POINT BEING ON THE
SOUTHERLY RIW LINE OF THE Mac ARTHUR CAUSEWAY. THENCE RUN NORTH 66021' 44" EAST
PARALLEL TO THE SOUTHERLY RIW LINE OF THE Mac ARTHUR CAUSEWAY A DISTANCE OF
86.00 FEET TO A POINT OF CURVATURE. THENCE NORTHEASTERLY ALONG A CIRCULAR
CURVE TO THE RIGHT CONCAVE TO THE SOUTHEAST ALONG THE SOUTHERLY R/W LINE OF
THE Mac ARTHUR CAUSEWAY HAVING A RADIUS OF 216.50 FEET AND A CENTRAL ANGLE OF
21029' 00" FOR AN ARC DISTANCE OF 81.18 FEET TO A POINT OF TANGENCY. THENCE RUN
SOUTH 870 50' 44" EAST PARALLEL TO THE SOUTHERLY R/W LINE OF THE Mac ARTHUR
CAUSEWAY A DISTANCE OF 90.50 FEET TO A POINT OF CURVATURE. THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 79.00
FEET AND A CENTRAL ANGLE OF 59057' 00" FOR AN ARC DISTANCE OF 82.66 FEETTOA
POINT. THENCE RUN SOUTH 320 12' 16" EAST ALONG THE WEST R/W LINE OF ALTON ROAD A
DISTANCE OF 291.53 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE ACCRETIONS
THERETO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE (P.O.C.) AT THE SOUTHEASTERLY CORNER OF LOT 30, OF BLOCK 111, OCEAN
BEACH, FLA. ADDITION NO.3, ACCORDING TO THE PLAT THEREOF, A SUBDIVISION RECORDED
IN PLAT BOOK 2, AT PAGE 81 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA
AND RUN N. 320 12'16" W. ALONG THE EASTERLY LINE OF SAID BLOCK 111 ALSO BEING THE
WESTERLY RIGHT-OF-WAY LINE OF ALTON ROAD A DISTANCE OF 588.17 FEET TO A POINT
(P.O.B. OF PHASE II); THENCE RUN S. 570 47' 44" W. IN SAID BLOCK 111 A DISTANCE OF 186.95
FEET; THENCE RUN.N. 32012'16" W. A DISTANCE OF 26.50 FEET; THENCE RUN S. 570 47' 44" W.
A DISTANCE OF 113.05 FEET TO THE WESTERLY LINE OF SAID BLOCK 111 AND THE POINT OF
BEGINNING (P.O.B.) OF THE AFORESAID ACCRETED AREA; THENCE RUN N. 320 12' 16" W.
ALONG THE WESTERLY LINE OF AFORESAID BLOCK 111, PLAT BOOK 2, PAGE 81 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, ALONG THE EASTERLY LINE OF THE
ACCRETED AREA, N. 32012'16" W. A DISTANCE OF 94.98 FEET; THENCE RUN N. 280 29' 08" W.
ALONG THE WESTERLY LINE OF SAID BLOCK 111, P.B. 2, PAGE 81 AND THE WESTERLY LINE OF
PLAT BOOK 14, PAGE 70 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, A
DISTANCE OF 285.93 FEET TO A POINT OF INTERSECTION WITH THE ACCRETED AREA; THE
FOLLOWING 6 COURSES ARE ALONG THE WESTERLY FACE OF THE ACCRETED AREA; THENCE
RUN S. 230 15' 07" E. A DISTANCE OF 88.06 FEET; THENCE RUN S. 25047' 41" E. A DISTANCE OF
100.11 FEET; THENCE RUN S. 260 27' 24" E. A DISTANCE OF 100.91 FEET; THENCE RUN S.180 47'
55" E. A DISTANCE OF 9.92 FEET; THENCE RUN S. 260 27' 24" E. A DISTANCE OF 46.00 FEET;
THENCE RUN S. 310 13' 12" E. A DISTANCE OF 38.02 FEET; THENCE RUN N. 570 47' 44" E. A
DISTANCE OF 24.00 FEET TO THE POINT OF BEGINNING (P.O.B.).
. .
Exhibit "B"
Goodman Terrace Parcel
Part of the Northwest quarter of Section 10, Township 54 South, Range 42 East,
described as follows:
Begin in North line of Section 10, which line is also South line ofBiscayne Street at its
intersection with East line of Jefferson A venue extended; then South in line drawn at
right angles to South line of Biscayne Street 132 feet, thence, East in line drawn parallel
with South line of Biscayne Street to West line of Washington Avenue; thence, North
along West line of Washington Avenue to its intersection with South line ofBiscayne
Street; thence, West along South line of Biscayne Street to point of beginning. Also
described as: all that part of North 132.0 feet of Section 10-54-42 known as Smith
Cottages Tract and also as Tract B and bounded on North by North line of Section 10; on
West by East line of Jefferson Avenue extended; on South byline parallel to and 132'
South of North line of Section 10; on East by West line of Washington Avenue extended..
Exhibit "C"
Hinson Parcel
BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, at Page
77, of the Public Records of Miami-Dade County, Florida, less and excepting therefrom
the following two dedications:
A 50.00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded
in Plat Book 6, at Page 77, of the Public Records of Miami-Dade County, Florida. Said
50.00 foot dedication being described as follows:
Bounded on the North by the Northerly line of said BLOCK 8; Bounded on the South by
the Southerly line of said BLOCK 8; said Southerly line also being the Northerly line of
the Government Reservation shown hereon; Bounded on the East by a line parallel to and
50.00 feet distant Easterly of, as measured at 90-degrees to the Westerly line, of said
BLOCK 8; Bounded on the West by the Westerly line of the above-referenced BLOCK
8, said Westerly line also being the Easterly line of Biscayne Bay.
A 40.00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded
in Plat Book 6, at Page 77, of the Public Records of Miami-Dade County, Florida. Said
40.00 foot dedication being described as follows:
Bounded on the North by the Northerly line of the above-referenced BLOCK 8; Bounded
on the South by the Southerly line of the above-referenced BLOCK 8; said Southerly line .
also being the Northerly line of the Government Reservation shown hereon; Bounded on
the east by the Westerly line of Washington Avenue, said Westerly line also being the
Easterly line of BLOCK 8; Bounded on the West by a line parallel to and 40.00 feet
distant Westerly of, as measured at 90-degrees to the Westerly line, of the above-
referenced Washington Avenue.
Exhibit "D"
Alaska Parcel
A parcel of land and accreted land located in Section 10, Township 54 South, Range 42
East, Miami-Dade County, Florida, and being more particularly described as follows:
For a Point of Beginning commence at a 10-inch-square concrete monument located on
the northerly boundary of the U.S. Army Corps of Engineers Reservation, being the
westernmost comer of Lot 6, Block 4, of South Beach Park Subdivision as shown in Plat
Book 6, Page 77, of the Public Records of Miami-Dade County; said monument
designated "c" having grid coordinates of X-784,440.39 and Y-521,912.47. Said
monument also lies approximately South 24 degrees 27'26" West a distance of 592.30
feet South of and North 65 degrees 36'16" East a distance of 554.97 feet West of the
northeast comer of the northwest 1/4 of Section 10, Township 54 South, Range 42 East.
From said Point of Beginning run thence South 24 degrees 25'50" West a distance of
420.43 feet, more or less, to the Mean High Water (M.H.W.) line of the northerly
shoreline of the "Government Cut" for the entrance channel of the Miami Harbor; thence
North 65 degrees 35'19" West along said M.H.W. line a distance of261.59 feet to a point
on a bulkhead; thence North 31 degrees 08'28" West along said bulkhead a distance of
242.83 feet to U.S. Army Corps of Engineers Monument "Virgil" having a grid
coordinate of X-783,902.72 and Y-521,845.63; thence North 57 degrees 41 '41" East a
distance of 226.20 feet to Monument "West" having a grid coordinate of X-784,093.91
and Y-521,966.52; thence North 87 degrees 38'37" East a distance of 208.58 feet to
Monument "G", having a grid coordinate of X-784,302.32and Y-521,975.14; thence
South 65 degrees 35'12" East a distance of 151.63 feet to Monument "c' and the Point of
Beginning.
..
,
Exhibit "E"
Block 51 Parcel
Lots 5, 6, 7, 8 and 9, inclusive, in Block 51, of OCEAN BEACH 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.
Exhibit F"
Federal Triangle Parcel
For a Point of Reference commence at monument "c" as described in the Legal
Description for South Pointe Park, run thence along the northeasterly line of the U.S.
Corps of Engineers Reservation, North 650 32' 12" west, a distance of 151.63 feet, more
or less, to a steel pin set in concrete, designated monument "G"; thence run South 870
38' 37" West a distance of208.58 feet along the northeasterly Northwesterly boundary of
the U.S. Corps of Engineers Reservation to monument "West", having coordinates of X-
784,093.91 and Y-521,966.52, said point being the Point of Beginning of the tract being
described herein.
From said Point of Beginning, run thence South 57041 '41" West, a distance of 226.20
feet to U.S. Corps of Engineers monument "Virgil", having coordinates ofX-783,902.72
and Y-521,845.63; thence continue South 57041 '41" West a distance of 4.0 feet, more or
less, to the face of an existing steel bulkhead and the approximate north shore of the
Entrance Channel to Miami Harbor; thence run Northwesterly along the north shore of
Miami Harbor on an approximate bearing of North 32005'08" West, a dist3I!ce of 132.34'
more or less, to a point which lies South 87038'37" West, a distance of 265.09 feet from
monument "West"; thence run North 87038'37" East along the Northwesterly boundary
of the U.S. Corps of Engineers Reservation passing through a concrete monument
designated "F" at a distance of 121 feet, more or less, for a total distance of265.09 feet to
monument "West", and the Point of Beginning.; also being described as follows:
A triangular portion ofIand lying and being in Section 10, Township 54 South, Range 42
East, Miami-Dade County, Florida. Bounded on the North by the South line of Lot 3,
Block 8 of "South Beach Park Subdivision" Plat Book 6, Page 77 Public Records of
Miami-Dade County Florida, Bounded on the West by the Biscayne Bay and Bounded on
the South by the North line of the Alaska Parcel, said Alaska Parcel being described as
follows:
For a Point of Beginning commence at a lO-inch-square concrete monument located on
the northerly boundary of the U.S. Army Corps of Engineers Reservation, being the
westernmost comer of Lot 6, Block 4, of South Beach Park Subdivision as shown in Plat
Book 6, Page 77, of the public records of Miami-Dade County; said monument
designated "C" having grid coordinates of X-784,440.39 and Y-521,912.47. Said
monument also lies approximately South 24 degrees 27'26" West a distance of 592.30
feet South of and North 65 degrees 36'16" East of a distance of 554.97 feet West of the
northeast comer of the northwest 1/4 of Section 10, Township 54 South Range 42 East.
From said Point of Beginning run thence South 24 degrees 25'50" West a distance of
420.43 feet, more or less, to the Mean High Water (M.H.W.) line of the northerly
shoreline of the "Government Cut" for the entrance channel of the Miami Harbor; thence
North 65 degrees 35'19" West along said M.H.W. line a distance of261.59 feet to a point
on a bulkhead; thence North 31 degrees 08'28" West along said bulkhead a distance of
242.83 feet to U.S. Army Corps of Engineers Monument "Virgil" having a grid
coordinate of X-783,902.72 and Y-521,845.63; thence North 57 degrees 41 '41" East a
.' .
f';'>~
distance of 226.20 feet to Monument "West" having a grid coordinate of X-784,093.91
and Y-521,966.52; thence North 87 degrees 38'37" East a distance of 208.58 feet to
Monument "G", having a grid coordinate of X-784,302.32 and Y-521,975.I4; thence
South 65 degrees 35' 12" East a distance of 151.63 feet to Monument "c' and the Point of
Beginning.
EXHmrr "G"
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ALASKA PARCEL
Miami Beach. Florida
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TEMPORARY PARKING LOT
IRRIGA liON SPECIFICA liONS AND DETAILS
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BLOCK 51 - LOTS 5-9
.Miami Beach. Florida
TEMPORARY VALET PARKING LOT
GENERAL NOTES
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Miami Beach. Florida
TEMPORARY VALET PARKING LOT
DETAILS SHEET
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Miami Beach, Florida
TEMPORAR<<ALETPARKJNG LOT
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Miami Beach. Florida I:: ".
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II!~ N -} I TEMPORARY PARKING LOT &"
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l"il IRRIGATION SPECIFICATIONS i: ", if
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EXHIBIT "G-l"
The additional parking improvements are all reflected in the Parking Plans attached
hereto as Exhibit G.
"-' ..
EXHIBIT "H"
j(VC Constm.ctors, Inc.
~ PI. Tree Drive.. Miami "cia. FL 33140
JO:S.532-S42)1 FAX JGS.SJ8-7UD
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1uoc t3~ 2001
Ms. Joyce Bronson
lhe Rdatal <huup oCFIorida
1000 Saulh Point Drive
Miaml Bc:Kh. Ftorida33139
Re: AlIdbn Tt,...I"'.... f Parlcing. Lot
2.68 Pamns Spaces _
Budget E.'Itimate
.
Oar 1oyee:
We IurIe re\~ 1he dtBwlngs prq.cd by KimJc:y Horn dated 6NOl for Ihe ilbo\"C rcr~ project Our budget cDnatC to design.'
permit.1IIId eoostruct the pojcct known as the .. A1abn Pminc tot.. follows. see brca1cdown below:
&gb2eerina tees (includes petDIitIinc .t. c:msIrUetion phIse)
. Kimley..Honuncl Assoc:iIllcS. Jnc. CCi-ril)
. Bailey Engineering Consultants CFJec:triclI1)
Permit fees
S36.000.OO
S 6.000.00
allow S S_OOO.OO
SuhcDa.tS 47,000.00
S 4.700.00
Total for ~ & permits S SI:1OO.00
S 65.soo,on
$ J 2.000.00
S 3.00Q.00
a110W S 3~OOO.00
S 6.000.00
S S.OQO.OO
~ $393,002.00
S ]9.300.00
Cv....~ Total $432.302.00 S4U302..00
SUbtolal ~ & CODSUadioa S484.cm.00
S 41..400..00
Total S532.G..OO
S n.240.oo
QlmcI Total SSIS,642.oo
Prorc:ssional CoonliJlltiOD Cost
ConstnIction Cost
. 4" Base ct. 12"'aub-bese
· PniDI
· DraiaIae (Irenl:hes md stnIdures)
. Pltftl7lenf rruartnns.1
· P8r!dns sIpp
· Wbeel stops
Fencin& .ouncI the perimeter
I.aacIscapiDs
Irription (inclucIcs bocJdIow pn;n,.dCt)
MJrint sipaae
Electrical
. Pmting lot IDd ac::mce roed 1igbIing
· TempcnI)' B.ywIJt Lishlin&
FPL Service Fees
hIdepencIent maltrial tatina (soil'" concrete)
Water Service C.in Co private met<<, add su1Mnder. Cldc:ncl1iJte to ~ion system)
SarII:YS for engineIring & COIISftUction
ContracIOn 0w:rheacI (Jobsitc Support)
Cattncton Fcc
10% ConliDgcncy let ISide
S 51,700.00 .
$256.312.00
S 13,800.00
S lS,415.oo
S 7.975.00
aDow S 5.000.00
will fmd tJIis infilImation useAlL JtyClO bawe tIItJ questions. please do IIClt hesitate to ClIIlmc.
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KVC Constructors, Inc.
44150 Pine Tree Drive, Miami &am. FL 33140
cc C022990t
3OS-S>>-S4231 FAX 305-~71OJ
June 13,2001
..
Ms,Joyte BTonIDn
The RcJared Oroup orFlorida
1000 South PoiDl Drive
MiImi 8eal:h. Florid.o 33139
Rc: Cal\SeWlJ)' Temporary Parting Lot (SSDI North)
11 S Pukina Spaces
BucJcct Es1imate
Dear Joyce:
We ba'VC rcYiewed the dra~ pn!pIIIl:d by KimJey Horn dated 618101 for the aboYe ~remaa::d project. Our budget estimate to desip.
pennit, and ccnstruct the JI'Ojcct 1cnowu as the "Causeway Parting Lot or North Lot.. roltows. see bn:akdown below:
Enginecrina Fees (includes pc:riniding .t. consInJtdon phase)
. Kimler-Hum and AssotiattSo Inc. (Civil)
. Bailey. Engineering CoIlsultantl (EIedrical)
Permit fees
S 9.000.00
S 4,000.0&
allow S 3.000.00
So1ltoCal S 16.000.00
S ).606.00
TOCal for ~.t. pennie, S 17,600.00
S 17,600.00
Professional Coorctimtion Cost
ConstnIction Cost
. 4" Base &. 12"~base at areas that Deed to be petcbed
. Patdt Paving to matc:h drawinp
. C<<xrete an. to matcIl edstfna (high traffic areas only)
. Pa\lelDllDt IIBfciqs as requiRd
Sa1 CoatiaJ entire pattin& Jot
Wbeel !lops J'Cl'IlCmla reiJastIIJJatic
Irriptioa (modifY CUI'J'at SJSfcm (mly)
RcJotale cxi8dna trees
RdoceCe and I or provide new maMa signs (sipace)
Moctity pertirIa lot ODd 1Ilni~ roecllightins .
IDdcpa1dcDI material teslilll (soil c.t concrete)
SIIn'e)'S for enaincerin& .t. CODStnIction
ConInK:ton Ombc:ad (1obsite Support)
S 69,144.00
10% ConIinpl:y set aside
S 4.000.00
S 1,300.00
S 5.000.00
S 6.000.00
$ 3,000.00.
S 30.000.00
aDow S ~.OO
S 3.000:00
SubloW SI23,944.00
S 12.394.00
Construetion total SI36,33I.oo Sl36.338.ClO
SubMtI eop.ccrioa c.t consmx:don SlS3.938.ClO
S 15.394..00
TOI.Il $169,33100
S 16.9]].00
GrandTaIal SII6.26S.oo
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Yac:t ClesPn
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KVC Constructors. Inc.
4460 Pine Tift Drtve.. Miami Beach. FL 33140
cc C022tM
JOS-SJ1.S4111 FAX 305-538-7103
lune 13.2001
Ms. JrrycC BronSon
1be Related Group oCf'lorido ·
1000 Soutla Point Drive
M1ami Beach. f10rida 33139
Re. Block SI TtqXIRrY Partin: Lot
34 PDrtina SplICCS
Budget Estimate
De8r Joyce:
We Ml'C reviewcS lhe drawings JRPlRd by KirnJey Horn dated 6/Ml1 Cor the above Jd"crtneed project. Oar budget estiJnatc to desilD.
pennit. and C()flStruc;1 the pro~llcnown as the "Block S I Parking tot.. foOows. SIlIllln:akdown bcJow;
En~ Fees (includes ~miltlJlg.l: COl~....tian phase)
. Kimler-Horn ond Assoeiltes., Inc. (Civil)
. Bailey Engineering CONUItants (Electrical)
Permit fees
S 5.000.00
S 7.soo.oo
S 5.000.00
S 5.000.00
S 10.000.00
S 3.000.00
allow $ 2.000.00
$ .,000.00
S 2,000.00
S 3.000.00
Sublvbd $104.864.00
S 10._.00
COnstruction 1ota1 $11$.350.00 SllBSO.oo
S""'* eDIiDoerina A ~ S 129.6SO.00
Sj2..965..OD
TOCII SI42.615.oo
S 14M7fD
Sl56.I77.oo
Professional Coadilllltion Cost
s S.OOO.OO
S 4,000.00
..tow S ~.oog.~
SdbCotal S 13.000.00
S 1.300.00
Total for~.I: permits S 14)00.00
S 58.364.00
ConsIJudioa Cost
. 4"BaeA 12"sub-b8se
. Paviq
. Draina&e (traK:hc:s IDCl strnctures)
. Pavement IMItinas
· ParIdnB sipee
. Wheel stops
FenciDs (1ppOXimMeIy SOO It)
Relocate 6ft&:al (I S) existiDc tn:es (see aItached 1lInt:)')
New landsc:apina required per code
Provide irriplion system
Parking lot Jiahtin& (etedrical)
m. Semcc Fees
JndependaJt ma1erial tatina (soil a 1:OIICftte)
New Wlter scm(.C (lap-in, meter, .I: nmnin& _tel' line up to iniption system.)
Maim Signagc
S1II'\'e)'I for enginc:crina" ~
ContrQctln 0w:rtlClId (Jobeite Support)
ComncrcnFee
lOK CoIlfin&ency wi .ide
. 1DdbL ICyoa -"'IIDY ~ please do _ besiade to call me.
pel
Va CaapiD
FOe
S 14.300.00
REVOCABLE LICENSE AGREEMENT
THIS REVOCABLE LICENSE AGREEMENT (the "License Agreement") is made as of
this'a day of October, 2001 by and between Sun & Fun, Inc., a Florida corporation ("S&F"),
Beachwalk Development Corporation, a Florida corporation ("Beachwalk"), Azure Coast
Development, Ltd., a Florida limited partnership ("Azure"; and together, S&F, Beachwalk and
Azure are hereinafter referred to collectively as "Owner") ,the City of Miami Beach, Florida, a
Florida municipal corporation (the "City") and the Miami Beach Redevelopment Agency, a
Florida public agency organized and existing pursuant to the Community Redevelopment Act of
1969, Chapter 163, Part III Florida Statutes, as amended (the "Redevelopment Agency";
together with the City are sometimes referred to herein as the "Licensee").
W II NE~SgI H:
A. WHEREAS, Owner is the owner of that certain property located in Miami-Dade
County, Florida, more particularly described in Exhibit "A" attached hereto (such property is
referred to herein as the "Property").
B. WHEREAS, the Property is subject to (i) that certain Parking License dated May
24, 1999 (the "Parking License") by and among West Side Partners, Ltd., a Florida limited
partnership, S&F, Beachwalk, Azure, East Coastline Development, Ltd., a Florida limited
partnership, the City and Redevelopment Agency, and (ii) that certain Parking Sublicense dated
May 24, 1999 (the "Parking Sublicense") by and between the Licensee and Miami Beach
Marina Associates, Ltd., a Florida limited partnership (the "Marina Lessee").
C. WHEREAS, on even date herewith Owner and Licensee, among others, have
entered into an Agreement, which among other things, provides that the Owner shall grant to
Licensee (i) a revocable temporary license over and upon the portion of the Property described
on Exhibit "B" attached hereto (the "Vehicular Access License Area") for the sole purpose of
providing vehicular and pedestrian ingress and egress to the temporary surface parking spaces
constructed upon the real property more particularly described on Exhibit "C" attached hereto
(the "Alaska/Cook Inlet Parcel") and the portion of the Property described on Exhibit "0"
attached hereto (the "Hinson Parking Parcel"), and (ii) a revocable temporary license over and
upon the portion of the Property described on Exhibit "E" attached hereto (the
"Pedestrian/Golf Cart Access License Area") for the sole purpose of providing pedestrian and
small electric powered-type vehicles or similar vehicles (such as golf carts) and/or gas or diesel
powered tram(s) and emergency vehicles ingress and egress to the temporary surface parking
spaces constructed upon the Alaska/Cook Inlet Parcel and Hinson Parking Parcel (collectively,
the Licenses"). The Vehicular Access License Area and Pedestrian/Golf Cart License Area are
sometimes hereinafter referred to collectively as the "License Area".
D. WHEREAS, Owner has agreed to grant the Licenses on the terms and conditions
hereinafter set forth. '
NOW, THEREFORE, in consideration of the premises, the agreements and covenants
set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereby agree that the foregoing recitals are true
and correct and further agree as follows:
,.
1. Grant of license. The Owner hereby grants to Licensee a temporary,
nonexclusive and revocable license, subject to the terms and conditions of this License
Agreement. for (i) direct vehicular and pedestrian ingress and egress over and upon the
Vehicular Access License Area, and (ii) direct pedestrian and small electric powered-type
vehicles or similar vehicles (such as golf carts) which may have natural or liquid propane gas
engines (provided said vehicles do not create any more noise than electric powered vehicles)
and/or gas or diesel powered tram(s) and emergency vehicles access over and upon the
Pedestrian/Golf Cart Access License Area.
2. Purpose of license. The Licenses granted herein shall be used solely.for (i)
Licensee's use of the Vehicular Access License Area for vehicular ingress and egress between
Alton Road and the Alaska/Cook Inlet Parcel and Hinson Parking Parcel, and (ii) Licensee's use
of the Pedestrian/Golf Cart Access License Area for pedestrian and small electric powered-type
vehicles or similar vehicles (such as golf carts) and/or gas or diesel powered tram(s) and
emergency vehicles access between that certain baywalk located adjacent to the City of Miami
Beach Marina and the temporary parking spaces located on the Alaska/Cook Inlet Parcel and
Hinson Parking Parcel. Licensee shall not be permitted to construct any improvements upon
the License Area~ provided, however that Licensee may construct, at Licensee's sole cost and
expense, security guard stations, landscaping, identification and directional signage, fencing
and necessary utilities (water for irrigation and electricity for lighting) in locations reasonably
acceptable to the Owner, provided (i) such improvements must be constructed in accordance
with all federal, state and local laws, statutes, ordinances, rules and regulations, and (ii) all
above grade improvements must be removed by Licensee at licensee's sole cost and expense
promptly upon the expiration and/or termination of this License Agreement.
3. Term and Commencement of License. The Licenses granted herein shall
commence as of the date hereof and shall continue thereafter, provided Licensee is in
compliance with the terms and conditions of this License Agreement until (i) with respect to the
License over the Vehicular Access license Area, such time that the Property (other than the
Hinson Parking Parcel) is released from and is no longer subject to the Parking license and
Parking Sublicense, and (ii) with respect to the Pedestrian/Golf Cart Access license Area, such
time that the Alaska/Cook Inlet Parcel and Hinson Parking Parcel are released from and are no
longer subject to the Parking license and Parking Sublicense, unless sooner terminated as
provided herein (collectively, the "Term").
4. License Beneficiaries. The License granted herein shall be for the benefit of
Licensee, its invitees, guests, employees and the Marina Lessee, and its invitees, guests and
employees (each a "License Beneficiary" and collectively, the "License Beneficiaries") and for
no others.
5. Reservation/Relocation. Owner hereby reserves all rights of ownership in and to
the License Area which are not wholly inconsistent with the License, including, without limitation,
the right to grant further easements or licenses on, under, over and/or across the License Area
and the right to use the License Area for all uses not interfering or wholly inconsistent with the
uses permitted herein. Furthermore, Owner reserves the right to relocate the Vehicular Access
License Area to a location reasonably acceptable to Owner and Marina Lessee to the extent
required by the Florida Department of Transportation or other governmental entity regulating
safety and/or traffic. Notwithstanding the foregoing, Owner agrees not to permit construction
vehicular traffic along the Vehicular Access License Area unless (i) reasonable alternative
access is not permitted by the City, or (ii) the construction is required in connection with the
temporary parking facilities.
- 2 -
6. Governmental Aoprovals. Licensee shall be solely responsible for: (i) obtaining
any and all governmental (whether state, county or local) permits, licenses, certificates and/or .
all other approvals that may be necessary for the use and utilization of the License Area for the
purposes of this License Agreement, and (ii) complying with all applicable governmental
(whether state, county or local) laws, ordinances, rules and regulations relating to the License
Area and the use of this License.
7. Default. In the event Licensee fails to comply with any of the terms or provisions
hereof (and such failure continues for a period of thirty (30) days following written notices from
Owner), then Licensee shall be in default, whereupon the Owner shall be entitled to terminate
the License and to exercise any other rights or remedies available at law or in equity. Owner
acknowledges and agrees that the Marina Lessee shall be permitted to cure any default
hereunder by the Licensee within the time period provided above.
8. Exoiration of Term. Upon expiration of the Term, the License shall autornatically
terminate as to the applicable License Area and be of no further force or effect without the
necessity of any further action by either party. Upon termination of this License Agreement
(whether or not the full term has expired), Licensee shall immediately vacate the Property,
remove any security stations and other above grade improvements as provided above and shan
deliver the Property to Owner in the same condition as existed prior to commencement of the
Term, unless requested otherwise by Owner.
9. Indemnification. By execution of the Joinder attached hereto, the Marina Lessee
(on behalf of itself and its successors and assigns) consents and agrees to abide by the terms
and conditions of this License Agreement and hereby indemnifies Owner and the Licensee and
holds Owner and the Licensee harmless from any costs, expenses (including, but not limited to
attorneys' fees and court costs, at the trial court and any appellate levels) and damages relating
to death of Or injury to persons, or loss of or damage to property, including, but not limited to,
any violation by the Marina Lessee, its invitees, agents, employees, guests, lessees or
licensees of any laws, rules, regulations or ordinances regarding hazardous materials,
hazardous wastes, hazardous substances, solid waste or pollution, whether now or existing
hereafter enacted or promulgated, as they may be amended from time to time ("Environmental
Laws"), any presence, release, or threat of release of hazardous materials, hazardous wastes,
hazardous substances, solid waste or pollution, at, upon, under, from or within the Property
arising out of the activities of the Marina Lessee, its invitees, agents, employees, guests,
lessees or licensees, the failure of Marina Lessee, its invitees, agents, employees, guests,
lessees or licensees to duly perform any obligations or actions required to be taken under any
Environmental Laws, including, without limitation, the imposition by any governmental authority
of any lien or so-called "super priority lien" upon the Property, any clean-up costs; liability for
personal injury or property damage or damage to the environment, and any fines, penalties, and
punitive damages, or any fines or assessments arising out of failure of the Marina Lessee, its
invitees, agents, employees, guests, lessees or licensees to comply with any laws, rules,
regulations or ordinances governing the use of the License Area, which Owner and/or the
Licensee incur as a result of the Marina Lessee's using the License Area, but excluding any
claim resulting from the intentional or negligent acts of the Owner or the Licensee (and their
successors and assigns), and their respective officers, employees, agents or contractors.
Marina Lessee (and its successors and assigns) shall defend any sl,Jch claim asserted against
the Owner, its successors and/or assigns and/or the Licensee, its successors and/or assigns,
resulting from, arising out of, or incurred in connection with said use of the License Area,
pursuant to this License Agreement; provided, however, that the foregoing indemnity will not
negate or in any way abrogate the City's indemnification of the Marina Lessee pursuant to the
- 3 -
terms and conditions of Section 3.12 of the First Amendment to the Marina Lease. In such
event, the Marina Lessee shall be entitled to select counsel of its choice to defend the claim;
provided, however, that the Owner and/or the licensee shall be permitted, at its cost and
expense, to retain independent counsel to monitor the claim proceeding. Prior to taking
possession of the License Area, pursuant to this license Agreement, the Marina Lessee shall
provide to the licensee and the Owner a copy of its liability insurance along with the appropriate
endorsement showing the licensee and the Owner as additional insureds, which policy shall
provide insurance coverage in a commercially reasonable amount for similar types of facilities.
In the event that the Marina Lessee fails to provide a copy of the renewal information for said
liability insurance policy or policies to the licensee and Owner prior to the expiration date of
said policy or policies, then the right to use the License Area pursuant to this License
Agreement shall cease until such time as a copy of said renewal information for said liability
insurance policy or policies is provided to the licensee and the Owner.
Licensee, or its agents or employees, shall be liable and responsible, to the extent
permitted by law, for any costs, liabilities, claims or damages, including, without limitation,
reasonable attorneys' fees and disbursements at the trial level and all levels of appeal, relating
to death of or injurY to persons, or loss of or damage to property including, but not limited to, any
violation by the Licensee, its agents or employees of any Environmental Laws, any presence,
release, or threat of release of hazardous materials, hazardous wastes, hazardous substances,
solid waste or pollution at, upon, under, from or within the Property by Licensee, its agents or
employees, the failure of Licensee, agents or employees to duly perform any obligations or
actions required to be taken under any Environmental Laws, including, without limitation, the
imposition by any governmental authority of any lien or so-called "super priority lien" upon the
Property, any clean-up costs, liability for personal injury or property damage or damage to the
environment, and any fines, penalties, and punitive damages incurred by Owner, its successors
and/or assigns in title to the Property, and resulting from, arising out, of, or incurred in
connection with the use of the License Area by Licensee, or its agents or employees, in
connection with the license herein granted or such use of the License Area by the Licensee.
Licensee, or its successors and assigns shall defend any and all claims asserted against
Owner, its successors and/or assigns, resulting from, arising out of, or incurred in connection
with the use of the License Area by Licensee, or its agents or employees, guests, lessees or
licensees in connection with the license herein granted or such use of the License Area. In
such event, Licensee shall be entitled to select counsel of Licensee's choice to defend the
claim; provided, however, the Owner shall be permitted, at its cost and expense, to retain
independent counsel to monitor the claim proceeding. Notwithstanding anything contained
herein to the contrary, neither Licensee nor its successors or assigns shall be obligated or liable
to Owner or any third parties for any costs, liabilities, expenses, losses, claims or damages,
including, without limitation, reasonable attorneys' fees or disbursements at the trial level and all
levels of appeal, in respect of third party claims relating to death of or injury to persons, or loss
of or damage to property, and resulting from, arising out of or incurred in connection with the
use of the License Area by Licensee, or its successors and assigns, and their respective agents
or employees, in connection with the license herein granted or the use of the License Area, for
amounts in excess of those limitations on the statutory waiver of sovereign immunity provided
under Florida Statute ~ 768.28 (or any successor statute thereto), or in respect of claims
resulting from the intentional or negligent acts of Owner, its officers, invitees, lessees,
employees, agents, guests, licensees or contractors. In the event that the Marina Lease
between the Licensee and the Marina Lessee expires, or is canceled or terminated, and a new
lease for the Marina is not immediately entered into, then, for the period of time that there is no
Marina Lease or a new lease for the Marina, Licensee shall be liable and responsible, to the
extent permitted by law, for any costs, liabilities, claims or damages, including without limitation,
- 4 -
reasonable attorneys' fees and disbursements at the trial level and all levels of appeal, relating
to death of or injury to persons, or loss of or damage to property, incurred by Owner, its
successors and/or assigns to the Property, and resulting from, arising out of, or incurred in
connection with the use of the License Area, pursuant to the terms of this License Agreement.
Licensee shall defend any such claim asserted against Owner, its successors and/or assigns,
resulting from, arising out of, or incurred in connection with said use of the License Area,
pursuant to this License Agreement. In such event, Licensee shall be entitled to select counsel
of Licensee's choice to defend the claim; provided, however, that the Owner shall be permitted,
at its cost and expense, to retain independent counsel to monitor the claim proceeding.
Notwithstanding anything contained herein to the contrary, Licensee (without limiting in any way
the liability of the Marina Lessee) shall not be obligated or liable to Owner or any third parties for
any costs, liabilities, expenses, losses, claims or damages, including, without limitation,
reasonable attorneys' fees or disbursements at the trial level and all levels of appeal, in respect
of third party claims relating to death of or injury to persons, or loss of, or damage to, property,
and resulting from, arising out of or incurred in connection with said use of the License Area
pursuant to this License Agreement, for amounts in excess of those limitations on the statutory
waiver of sovereign immunity provided under Florida Statute 9768.28 (or any successor statute
thereto), or in re~pect of claims resulting from the intentional or negligent acts of Owner, its
~, mYitees, 1es5eeSi employees, agents, guests, licensees or contractors.
10. No Liabilitv. Owner makes no representations or warranties whatsoever to
Licensee with respect to the condition of the Property. Licensee is accepting the License Area
on an "AS IS" basis and assumes all risk with respect to the condition thereof.
11. Maintenance. At all times during the Term, Licensee shall maintain the License
Area in a neat, clean and sightly condition, free from any and all garbage. If the site has not
been kept in a condition acceptable to Owner, Owner shall notify Licensee in writing and
Licensee shall clean the site within 48 hours of said notice. In the event Licensee fails to timely
comply with the foregoing obligation, Owner shall have the right, at Owner's option, to clean the
site, in which event Licensee shall reimburse Owner for the costs and expenses incurred by
Owner in connection therewith within thirty (30) days following receipt of an invoice therefor.
12. Hazardous Substances. Licensee and the License Beneficiaries shall not cause or
permit the violation of any law relating to industrial hygiene or environmental conditions in
connection with the Property, including soil and ground water conditions, or use, generate,
manufacture, store or dispose of any Hazardous Substances (as defined below) on, under or
about the Property. As used herein, the term "Hazardous Substance" means any substance /
or material defined or designated as a hazardous or toxic waste material or substance, or other
similar term by any federal, state or local environmental statute, regulation or ordinance
presently or hereinafter in effect, as such statute, regulation or ordinance may be amended f~om .
time to time.
13. Miscellaneous.
(a) Authoritv. Each party to this License Agreement represents and warrants.
that it has full right and authority to enter into this License Agreement and
that all persons signing on behalf of such party were authorized to do so
by appropriate action. All such parties are duly organized, validly existing
and in good standing under the laws of the State of Florida.
- 5 -
"'-~
(b) Enforcement. This License Agreement shall be construed and governed
in accordance with the laws of the State of Florida. The provisions of this
Agreement may be enforced by all appropriate actions at taw and in
equity, the prevailing party in any such action to be entitled to reasonable
attorney's fees and costs through all appellate levels.
Liens. Licensee shall permit no liens or claims of lien to be filed against
the Property (including without limitation, the License Area) and shall
promptly discharge or transfer to bond any lien that may be filed against
such property by reason of Licensee's and/or the License Beneficiaries'
activities thereon. Licensee further agrees that Tenant will promptly pay
and satisfy all liens of contractors, subcontractors, mechanics, laborers
and materialmen. Licensee acknowledges and agrees that Licensee is
not performing any work on behalf of Owner and that the use of the
License Area is merely an accommodation to Licensee. In that regard, it
is understood and agreed that neither Licensee nor any License
Beneficiary shall have any lien rights against the Property and/or the
License Area by virtue of the License granted hereunder or otherwise.
Licensee shan tndemnify, defend, and hold harmless Owner and its
successors and/or assigns from and against any and all liabilities,
damages, claims, penalties, fines, costs or expenses whatsoever
(including reasonable attorney's fees and court costs at trial and all
appellate levels including any administrative proceedings and any
appeals therefrom) arising from, growing out of or connected in any way
with any liens, claims of lien, judgments or encumbrances filed against
the Property and/or the License Area and/or caused or suffered by
Licensee. The provisions of this paragraph shall survive the Term of this
License and any termination of this License Agreement.
(c)
(d) Notice. All notices to be given under this Agreement shall be in writing
and be deemed given when delivered by hand or three (3) days after the
date when mailed, postage prepaid, by certified or registered mail, return
receipt requested, addressed as follows:
If to Licensee at:
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
404 Washington Avenue, Suite 120
Miami Beach, Florida 33139
Attn: Margaret Nee, President
Greenberg Traurig, , P.A.
1221 Brickell Avenue
Miami, Florida 33131
Attn: Matthew B. Gorson, Esq.
If to Owner at:
With a copy to:
With a copy of all notices
to be provide to the Marina
Lessee at:
300 Alton Road
Miami Beach, Florida 33139
- 6 -
(e) Recordinq. Neither this License Agreement nor any notice hereof shall
be recorded in the Public Records.
(f) Counteroarts. This License Agreement may be executed in any number
of counterparts and by the separate parties hereto in separate
counterparts, each of which when taken together shall be deemed to be
one and the same instrument.
(g) Construction. The section headings contained in this License Agreement
are for reference purposes only and shall not affect the meaning or
interpretation hereof. All of the parties to this License Agreement have
participated fully in the negotiation of this License Agreement, and
accordingly, this License Agreement shall not be more strictly construed
against anyone of the parties hereto. In construing this License
Agreement, the singular shall be held to include the plural, the plural shall
be held to include the singular, and reference to any particular gender
shall be held to include every other and all genders.
(h) Severability. In the event any term or provision of this License Agreement
is determined by appropriate judicial authority to be illegal or otherwise
invalid, such provision shall be given its nearest legal meaning or be
construed as deleted as such authority determines, and the remainder of
this License Agreement shall be construed in full force and effect.
(i) Exhibits. All of the Exhibits attached to this License Agreement are
incorporated in, and made a part of, this License Agreement.
(j) Assiqnment. The Licensee shall not assign, transfer or otherwise
encumber this License or any interest herein, to any other person or entity
except the Licensee may allow the Marina Lessee to use the License
Area in accordance with the provisions of this License Agreement. Any
other attempt to assign, transfer or encumber or any assignment, transfer
or encumbrance of this License by Licensee in violation hereof shall be
void and unenforceable.
(k) Prevailinq Party. In the event of litigation arising out of the terms of this
License Agreement, the prevailing party in any such action shall be
entitled to reimbursement of reasonable attorneys' fees and costs
incurred at trial and all appellate levels.
14. Amendments: Termination. This License Agreement may not be amended,
modified or (except as otherwise provided above) terminated except by written agreement of
Owner and Licensee, or their successor and/or permitted assigns.
15. Entire Aqreement. This 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, between the parties with respect
thereto.
- 7 -
IN WITNESS WHEREOF, the parties have executed this License Agreement on the day
and year first above written.
Signed, sealed and delivered
in the presence of:
.~ t.Je;.se:
OWNER:
By:
Name: Margaret
Title: President
BEACHWALKDEVELOPMENT
PORA TION, a Florida
By:
Name: Margaret
Title: President
AZURE COAST DEVELOPMENT, LTD., a
Florida limited partnership
Azure Coast, Inc., a Florid
corporation, General Partn r
Print Name:
Print Name:
- 8 -
LICENSEE:
THE CITY OF MIAMI BEACH, a Florida
municipal corporation
By:
Name: Neisen O. Kasdin
Title: Mayor
IN WITNESS WHEREOF, the parties have executed this License Agreement on the day
and year first above written.
Signed, sealed and delivered
in the presence of:
Print Name:
Print Name:
Print Name:
Print Name:
Print Name:
Print Name:
d-i?~
Print Name: MoJ~c:. :;~v',\.
iiJI~~ .~
Print Name: €P1 fJ..eL eL-.
OWNER:
SUN & FUN, INC., a Florida corporation
By:
Name: Margaret Nee
Title: President
BEACHWALK DEVELOPMENT
CORPORATION, a Florida corporation,
By:
Name: Margaret Nee
Title: President
AZURE COAST DEVELOPMENT, LTD., a
Florida limited partnership
By: Azure Coast, Inc., a Florida
, corporation, General Partner
By:
Name: Margaret Nee
Title: President
.
LICENSEE:
I BEACH, a Florida
n
By:
Name: Neisen O. Kasdin
Title: Mayor
....,.)FROVED AS TO
fORM & LANGUAGE
& fOR EXECUTION
- 8 -
AJlluf)"I/-=.- IO~S'ol
,/ ~A"? Oat.;
THE MIAMI BEACH REDEVELOPMENT AGENCY, a public
agency organized and existing pursuant to the Community
Redevelopment Act of 1969, as am d d, Chapter 163, Part
\ a 111 Florida Statutes
~Aa;~~ ~~;"e: Neisen 0, Kasdin
fi!J filii ... ~ --.j Title: Chairman
Print Name: t; B 4< l ,e.}.t f.... J
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
AlA U~()~ Ij~ IO"'S-ot
'~,~pate
General Counsel rrr-
- 9 -
JOINDER
The undersigned, MIAMI BEACH MARINA ASSOCIATES, LTD., a Florida limited
partnership, as the Marina Lessee, hereby joins in the foregoing License Agreement for
purposes of confirming its agreement to the provisions thereof.
MIAMI BEACH MARINA ASSOCIATES,
LTD., a Florida limited partnership
By:
~'o~
Print Name: ~(;lt~ 0 ~~ 0 (\
- 10
CONSENT AND SUBORDINATION
The undersigned, City National Bank of Florida, a national banking corporation,
as the holder of that certain Mortgage and Security Agreement recorded in Official
Records Book 19788. at Page 2375 of the Public Records of Miami-Dade County,
Florida, which encumbers the Property, hereby consents to and subordinates the lien
and operation of said mortgage to the License Agreement.
CITY NATIONAL BANK OF
FLORIDA, a national banking
corporatio
li1B/~~
Print Name: . (~~
By:
Name:
Title:
STATE FLORIDA )
)5S:
COUNTY OF MIAMI-DADE )
as acknowledged ~~of~e ttlis Id-. day of
October, 2001, b , as ~ e w~ of City
. National Bank of Florida, a national banking corporation, on behalf of said corporation.
He/Sh~ is. pe'!9n~J1Y knowl1 to me or is personally known to me or presented
F{LY1~ Vf='l'~ I~-, as identification.
Name~'~
Notary Public, State of Florida
My commission expires: Commission No.
Sib. AVA M. KILPATRICK
b.U MY COMMISSION' CC 748173
~ . EXPIRES: June 3. 2002
BandIcI'l1n NGlIIy NIle UndIIwIilerS
\\MIA-5RV01\GOLOMANJ\1318415v11\S9@N111.00C\1014101
- 11 -
Revocable License A2reement
Exhibit" A "
Goodman Terrace Parcel
Part of the Northwest quarter of Section 10, Township 54 South, Range 42 East.
described as follows:
Begin in North line of Section 10, which line is also South tine of Biscayne Street at its
intersection with East line of Jefferson Avenue extended; then South in line drawn at
right angles to South line of Biscayne Street 132 feet, thence, East in line drawn parallel
with South line of Biscayne Street to West line of Washington Avenue; thence, North
along West line of Washington Avenue to its intersection with South line of Biscayne
Street; thence, West along South line of Biscayne Street to point of beginning. Also
described as: all that part of North 132.0 feet of Section 10-54-42 known as Smith
Cottages Tract and also as Tract B and bounded on North by North line of Section 10; on
West by East tine of Jefferson Avenue extended; on South by line parallel to and 132'
South of North line of Section 10; on East by West line of Washington Avenue extended.
Hinson Parcel
BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, at Page
77, of the Public Records of Miami-Dade County, Florida, less and excepting therefrom
the following two dedications:
A 50.00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded
in Plat Book 6, at Page 77, of the Public Records of Miami-Dade County, Florida. Said
50.00 foot dedication being described as follows:
Bounded on the North by the Northerly line of said BLOCK 8; Bounded on the South by
the Southerly line of said BLOCK 8; said Southerly line also being the Northerly line of
the Government Reservation shown hereon; Bounded on the East by a line parallel to and
50.00 feet distant Easterly of, as measured at 90-degrees to the Westerly line, of said
BLOCK 8; Bounded on the West by the Westerly line of the above-referenced BLOCK
8, said Westerly line also being the Easterly line of Biscayne Bay.
A 40.00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded
in Plat Book 6, at Page 77, of the Public Records of Miami-Dade County, Florida. Said
40.00 foot dedication being described as follows:
Bounded on the North by the Northerly line of the above-referenced BLOCK 8; Bounded
on the South by the Southerly line of the above-referenced BLOCK 8, said Southerly line
also being the Northerly line of the Government Reservation shown hereon; Bounded on
the east by the Westerly line of Washington Avenue, said Westerly line also being the
Easterly line of BLOCK 8; Bounded on the West by a line parallel to. and 40.00 feet
distant Westerly of, as measured at 90-degrees to the Westerly line, of the above-
referenced Washington Avenue.
'.
EXHmIT "B"
LEGAL DESCRIPTION:
" ""loft. 01 l.Dt 3. Brack I 01 SClUnt 8DCH PARK SU8DMSION. ~ in Plot Soak .. at Paq. 77 01 tho
f'Iobllc recOt'IIs 01 MiamI-Dadt County. F1arida Oftd 0 portion 01 the NortIl '32 'Mt 01 Section 10. r-..,;,. 54
Soul" Ran,. 42 E_t.
BBgllo 01 DIe ~ 01 the Ncw1h line 01 ..lei Section '0 olso beiItcJ the South Rigtlt-at-.oy !iN of Sauth
Poi..,. Oriotw (8TK~ "'-w per _ilf Plat 800" .. POOJe 77). ortd ..... Souu..rtr ~ of the tos!e1y
8ouncIa,., 01 Je"_ ""- OIICI E_~ ~. _ showft on Ihe plot of cJCEAN BrACH. FlA rKOnted '"
PIal 90ak 2 at Poge 81 01 tt.. P\otaIic R-a of ..iaml-DH. Coultty. Florida: 1ftenC. Nl7'38'~1"E aIoftg ....
No/'V'I IiM of ..let Section '0 lIftCI MIld South IIIghI-ot-.ay II-. rew .1.11 leet; u.- S32"J8'Sl""W lor 19.02
'eet: thence 502"O"'0"E I.. 127.. fwt: tNftco SBT37"54"W I_ .1.00 'eet; u..nce saro,"O"E few 47." fat;
thenCe SJ,'J'Ir23"'E rw 23.58 r... .. 0 paint on trlc SoutIl '- of SDid tat 3; .-- S8T,)TSC"W aIang the
Souttl line of .., tat .1 ,.. JZ.18 'ftt: ~ NJ,)"tI'Z;S"'W for UIO feet: Vtcnc:o N07O,',O"'W atonq said
Saul'*'r nt..-- of tho Eos'~ Alght-af-WGp line 01 Jell_ ~ for '91.37 ,.t to the POINt' or
8EQNNINC.
SURVEYOR'S NOTES:
- n.:. lite ro.. 1ft Section 10. T....... 54 SouUt. ROft9tI 42 Eat. cn,at .,..om; Deach._ Miomi-Qode Cou~.
Flarldo
- 8earints -.on - rwlerred to OIl nsumecl value " Nll7'38"rE 'Of' the Ncwth Ii". 01 soid Section '0.
- Land "'"" "- canla1n1n9 7.502 ...... '-. ew 0.172 DCt'lISo more .. less.
- Lo"* -'-" her.- ..,. lICIt ......... 'Of _,. OIICI/or rights-at-~ of .-..
- ThIs r. Nt a "8ovrtdaty S6ney- but on" 0 ,...phlc cfepictlon of tho cr-i~
ehown Ile-.
- 0/",..,.... -'-" he_ _ b-.d an Fortltt. '-""Y, Slciles. sltotch I 20CI10-0&1.
. SURVEYOR'S CERTIFICATION:
, ~ arb'" thot It.:. "Slodch of ~. __ tI'IOdIt IIIICfcr ..., rllll"a""'" a-ve
on ~ber 24. 2001. .... ,...... tho ~ TlIChrllcaI Slondol'd. 011 ..-: lorth br ,Ito
Florido 8aanl of Profesalonal Surw,cNs oncI Mopoots in Chopter 61GI7-f. F'Iorfdo
~ CocN. ,.,.....nt III 5lIctIooI 4n.Q27. Flarido Statutes.
...... ",lid wRhaut Ute .;gnot_ and 1M wf9naI na-J
.... of . F10tlda Uc:-..d s."...,.- and Wapper-
FORI'lN. ISAVI. SICUS, wc.. We5J
8y.
DanioIf Co F'ettIn. F", The FlrrtI
s-..,or ..., ...,..,. LS2I5J
SlaW of F14If1ckr.
l"f-UH: -n5/0' 1o=as.
r DESCRJPnON, NOTES & CERnFICA T10Nl D.te 9/24/01
Isc-z- N.T.$.
FORTIN, LEAVY. SKILES, INC. .1.... No. 0'1362
CONSut'flNG I31ClNDRS. SUIlVErORS AND JlAPPDS 1hr6. Na.1001A-On-1 I
,.. ........ r..... _ / ~ _ ...... ".,." ._
ria. 3lII lID ua / ,., ~-71. aftt , or .l
I (D,.._ By OCF'.IR
'~d. liD. 011~
III. ~. 20990-057
-'-
G
FlRST STREET
41,
"'41
,
DA_ By DCFJR
Cad. II.. 011362
~. 2OSf90-057
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9/24/01
,- "'" 200'
.I0Io0 110. D"362
II.. IOO1A-oT1-'
sa-( 2 of "
. .1'l5/fn,....
( LOCATION SKETCH
FORTIN. LEA~ SKILES. INC.
CONSULrlNr; 1:'l<fQN~. 3VllVB'YORS AND IlAPP8BS
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I'lL .. .., ._ /,. ......,-718
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POINTEg ::
DRIVE it!
--
(BISCAVNE
AVENUE)
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DCFJR
011382
ZOVeo-OS7
(
SKETCH OF DESCRIPnON
FORTIN, LEAVY, SKILES. INC.
CONSULftNG 1:Nr:lNE8Rs, SURVEYORS AND IlAPPDS
YO ---- ,.... -.- " ___ ..... ..... ~ :ar.
I'Jt. WIlD.., "',. ...._-7J.
1 Dew 9/24 01
1- - 50'
IN. If.. Ot t382
~ ""- tOOtA-077-t
.!IM.t .3 f4 3
t/2:tlO1 10...
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Exhibit "c"
Alaska Parcel
A parcel of land and accreted land located in Section 10, Township 54 South, Range 42
East, Miami-Dade County, Florida. and being more particularly described as follows:
.,-
For a Point of Beginning commence at a lO-inch-square concrete monument located on
the northerly boundary of the U.S. Army Corps of Engineers Reservation, being the
westernmost comer of Lot 6, Block 4, of South Beach Park Subdivision as shown in Plat
Book 6, Page 77, of the Public Records of Miami-Dade County; said monument
designated "c" having grid ,coordinates of X-784,440.39 and Y-521,912.47. Said
monument also lies approximately South 24 degrees 27'26" West a distance of 592.30.
feet South of and North 65 degrees 36'16" East a distance of 554.97 feet West of the
northeast comer of the northwest 1/4 of Section 10, Township 54 South, Range 42 East.
From said Point of Beginning run thence South 24 degrees 25'50" West a distance of
420.43 feet, more or less, to the Mean High Water (M.H.W.) line of the northerly
shoreline of the "Government Cut" for the entrance channel of the Miami Harbor; thence
North 65 degrees 35'19" West along said M.H.W. line a distance of261.59 feet toa point
on a bulkhead; thence North 31 degrees 08'28" West along said bulkhead a distance of
242.83 feet to U.S. Army Corps of Engineers Monument "Virgil" having a grid
coordinate of X-783,902.72 and Y-521,845.63; thence North 57 degrees 41 '41" East a
distance of 226.20 feet to Monument "West" having a grid coordinate of X-784,093.91
and Y-521,966.52; thence North 87 degrees 38'3T' East a distance of 208.58 feet to
Monument "G", having a grid coordinate of X-784,302.32 and Y-521,975.14; thence
South 65 degrees 35'12" East a distance of 151.63 feet to Monument "c' and the Point of
Beginning.
EXHIBIT "D"
LEGAL DESCRIPTION:
HINSON EAST PARKING PARCEL
A pDrtiCIft 01 Lot J. 8Ioc:It II 01 SOUIH ~ PMfI( SU8OMSlON. recOtdM in Plat Book 6. DtPage n of tile
P\,bI"c ~ of 1I/aInI-00cIe C-l). F1cN<cJa. and beiIlt morw porticulGrlJ dncribed CI8 follooos:
~ ot the ~Of\ of the North ... of soid Sectiotl '0 0180 ......, ltle SouIh RilJ"t-of-WO)' r... of
Sovth PaI..w Dr'Ne cs- ~ per solcI Plat 80vIl 6. ot pgq. 77). GncI the Southertr alwNion 01 the
~ ~ 01 ~ """_ _ sIlDwn _ u.. plot of OCEAN 8E'ACH. FI.A. ~ ill Plat EIaok 2 at
Pop 8' 01 !he PutIllc Ihacrds of Mbmi-Docfe Couttty, F1orido; thence N87'38'S7"E ... 1M North line of said
Sectioft to and ... South """t-ol-wo, line. for ...a, 'eet; t__ S3rJII',,"lr for 19.02 '-t: "'--
5Or01',0"'[ far 127.. ...t tg IIIe POINT Of' IEClJIN...c; thence $8738'03'" 'or 3.00 feet; thenCe S02'O,',o-t
far .7.99 ,_ l"- SJJ',,'U"t for Z3.5a f..t to . point 11ft the $outtI Iino .f tvOd Lot J .. IIeifMJ
RtIteNfIee Paint -A-: ~ N873,'54f: ...... tho SoutI\ ... .f .... "ot J for 71.J5 feel: th_e HOrt7'O''W
Itw lI8.2O feet; tIlcnCo SllTJII'03'W lor 85.2& feet to h POINT Of' BEClNNING.
M<<)
HINSON WEST PARKING PARCEL
A DDrtIOn 01 ..... J. IIock II 01 SOU'IH BrACH PARle SU8OMSlON. ~ in Plat Book I. at ~ 77 .1 the
PuIlIic ,-... 01 Ubnl-OocIe c-t,. F1orido, Oftd beifog more portlcularly desCribed .. rol'-:
eamrr-. at Iho aIIlIwr-menliofted ~. Point -A-, Uleftee 58T37'54'" olont tile South line of mid Lot 3
lor 32.. f_ to the POINT Of' BEClNNINC; IheI'lCO N.13"l&'ZJ'W lor 23.80 feet; tllol'Ce N02'01.'0.... alon, soid
Sout~ ClltIfWian of 1M €-tattt Bounda'1 of Je"_ Avenue fOt' 54.37 reet; thence 517J7"54'" lOt' 'B.2a
reel: u.- 502"22'06"'[ lor 6.29 foot; thenco 58737'54" fM 1Is.80 reet: tMf'CIl SJ2"1J'Z4E for 78.M lod 10
. poIftt _ tfle SoutJt IIno .r soid Lot 3: tNnce NlS7J7'$4"E 010ncJ the SauClt Ii". of Mid Lot J far 86.611 fellt
to ltle POINT 01' ~. '
SURVEYOR'S NOTES:
- 'IIIis .. ... 1ft S8l:tioft 10. T...,.,... $4 ScNltI, Roftgo &2 Eoct. Qy 01 Mioml leach. MIomi-DocIe c-t,.
norido
- ~ tIerWOtt _ refllN'ed to <<1ft _meet WCIfuo 01 N1T38'Srt rOt' the NortfI llOe of said Section 10.
- londa ___ ""'-' ..... ducrlpCloft cantallllng '2,599 "'__ feet. or 0.2. acres. __ or !as.
- c..ndlI ~ '*-' _ not ~ rOt' .......t. ottd/ot' ffghb'-ot--, of _ds.
- This '- not - "8outldcwy ~- 1M 0lI~ . 9NPI"c lIoplctSoft 01 Ute dow:tIptIon ohoWft "-.
- Dim-":- ~ __ _ ...... on F'ortltJ, l..ftwr. Slco'les. ~ , 20010-0&1.
SURVEYOR'S CERTIFICATION:
I ......., cwur, u.t ..... "SI.otdt 01 ~. - -- "':::;t hoSlIIOl...... dIcIrgO
l1li SIpbln" 24. 2001. ... ___ tile Idnlntwft Tchnic:ol S _ Nt furtIl .., tho
....... Board 01 ""-fM"11Cll ~ lIIId ~ in ChopIar '1<:17-8. F'Iorido
Adr/Iftl~ Code. ...-. Co secuo.. .72.02'. F*ida Statutes..
"'Not ..... ...." tile IIignoturo and tile CIt'lgIIIvI roiMd
.... of . FIaridD ~ s.-,or 0Ild Mopp.r-
FORnN. 1.EM't. SKl1.f3. INC.. L8JI53
If: 00nI0l Co '--' F'ot The FTrrn
~ ..... ......... LSD53
$tote 01 FIDfWa.
· rDJoo- 117
-.el. No.
OCf'JFf
0T1362
r DESCRIPTION, NOTES & CERnFICA TfON]
FORTIN, LEAVY. SKILES. INC.
CONSULTl1lG EIIGlNDRS. SURVI:YORS AIID JIAPPERS
.. --- ,-. ...- / .... ...., ....... "..,., --
,.., .. all ._ / ~ _-eII-1'I52
DoC. 9/24/0 1
Seal. ...1.5.
lob. 1fa. 011382
lhtc. 110. 10011.-077
Slteet 1 of ~
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f"IRST STREET
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011362
20990-057
r
LDCA nON SKETCH
FORTIN, LEA VY, SKILES. INC.
CONSUL'IINC DlClN1DlRS. SU1lVl:YrJ1lS AND MAPPERS
"10 ........ J.... .... / ~ ..... ..... n-fd&. :m_
IlL ....__ /,.. ~_".
] Del~ 9/24/0t
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I ...., POINT OF _ _ I
t~~~0~)~_ ' _~_________
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POINT OF
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LECEND:
rvw - RIGHr -01'--,,,
DCFJR
011312
. 209!JD-057
(
SKETCH OF DESCRIPTION
FORTIN, LEA VY: S X/LES, INC.
CONSULT11It; BNclNEER3. SURVEl'QRs AND 1IAPPDS
,. ........ 'ilia. ..... / ..". ...., --. """-- __
n.. .. .. .... /'_ ......_...
1 .o.le 9/24/01
Seel. 1- _ 40.
106. No. 011.362
".. 1 001.\-0'77
.va..t ..J or 3
t~1 10:Cl1e
~-.
EXHIBIT "E"
LEGAL DESCRIPTION:
It poI'tion of lot J, B10cIl 8 of SOUTH stACH PARIC SUBOMSlON, ,econ!q in Plot 800II 15, ot POIJ. 77 of !he
Pubj;c: recOO'ds 01 Wioml,..OoOe County. f1or1do, ond being more porticuloriy described O!I loIlows:
Com",.IlC. 01 the inttrrHClion of I". Nwth tine of Hid Section \0 .... bein, the South R'...t-o'-Woy r.... of
Soulh Points Dr'-JBlsc:o,ne _nue per soid Plot 800II 6. ot PGc}. 77). ond the Southerly e.tension 01 the ,
EDSterty boundory Jeffenon ""-"UlI. OIl shown on lhe plat of OCu.N 9(}CH. F'I.A recorded in Plot Book 2 ot
Pg,e 81 01 the Public RecOO'ds of Mlami-Docl. Covnly, Floriclo; lhence 5OrOl',O"[ oIon9 the Soulherty ..t....;o"
of 1M soid Eoalerly boundlll'}' of -Jef'erson -...,. tOO' 132.00 'eet: tttence S8T37'S4-W 010", the NcwUI line of
soid B10clt 8 'or 173.07 'eet to Ihe POINT OF' BEGlNNINC; thenn continue S8T37'54"W oIong soid Mcwth line 'or
n.).) leet; lttence SJ2"1.l'24"E 'or 17.JO re.t; lhence N8T37'S4"[ '00' 304.9 'eet; thenc. 532"t3'24"[ 'or 74.70
'eet to 0 point on the South Ii". of sold Lol 3. S10clt 8: thence N8T37'S4"[ olon; lh<<' South 6ne of soicI Lot J
lor 13.06 feel; lhence NJ2"13'14"W '0' 86.13 'eel: thence S8T37'54"W 'or 46.12 'eel; lhence ""2"'3'24""W for
5.77 ,..t 10 lhe POINT OF' BEC'NNING.
'-
.~\.
.'
SURVEYOR'S NOTES:
- ThIs site Iiea in Section 10, Township 54 South. AonCJlt 42 East. Cily 01 Miami Beoch. WIo".;-OocIe County.
f1or;cjo
- 8eorin,. hereon or. ~'errect 10 on ouumed YOIue 0' N8TlB'S7"[ 'or the North line of said Seclion 10.
- lol1Cls show" hereon per descriplion containi". 2.128 square ,eet. or 0.049 ocres. "-e or less.
- Lands shown hereon __ nol abstracted '01' eosel'neftb ond/or rights-of-way 01 records.
- This is not 0 "8oundory SlIrve'- but only 0 lJIOphic cfepction 01 lhe description shown l!ereon.
- Dlmensi_ shown henIon ore based on F'ortln. Leavy. Skile.. slteteh I 20010-061.
SURVEYOR'S CERTIFICATION:
1 .....'" certlfy lItDt this -sr..tc" fA Ducrlptioft - _ mode under "., rnpon,;bte chotgtl
on OI:tahr " 2001. and meets tN IotInirnum Technical Sl~ os set forth'" Ute
F1arido Board 0' Pnt'essiana! SWI'Vtr}'OI'S and Mappers in OIopter "1;\7-6. f10rida
AdrnInistra'.... Cod.. pursuant to Sectioft Cn.o:l't. Flori... Stotutn.
"Not volief wlthouC the sIlJnoll,r. and the oric)inaI raised
seat a' 0 FIorido Uc-.l Surveyor anct Mapper-
FORTIN. lEAVr. SKILES. INC.. lB3&5J
8)0:- _
0anleI c:. Fewti". For The F"......
s..,.,.,. aN ....fII*', LS2853
SIote (If rJoridIa.
I (DreJnl By DCFJR
011 362
!ReI. Dww. 20990-057
:'d. II..
r DESCRIPTION, NOTES & CERTIFICATION)
FORTIN, LEA VY, SKILES, INC.-
CONSUL11NC ENCINEERS, SlIRVEYORS AND JlAPPERS
IIID ~ ,.... sa.-<< / _...uo ..... ...... 11or/d.. 3:JllIZ
"'- 3115-__ / Pot. 3111-.,-"_
Del. 10/1/01
Seel. N.T.S.
Job. N.. 011J62
l>tr6- 1Io.1001A1-0n-2
Sheet 1 01 .)
lPiell- 1/25/0' 10:0te
FIRST STREET
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SOUTH POfNTE:
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LOCAnON SKETCH
1 Del.
31:.'.
10/1/01
1- - 200'
'/25/'0' '0:0h
FORTIN, LEA VY. SKILES, INC.
CONSULnHG ENGINEERS. SURVEYORS AND JlAPPERS
,. --'ft '.... "'- / IIwUI ...... ..... ".,., __
,.., aII-<<D-u<<r / ,_ -3DI-IIIJ~"_
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LECEND:
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DCFJR
011362
20990-057
[
SKETCH OF DESCRIPTION
FORTIN. LEAVY. SKILES, INC.
CONSULTING ElICINI:ERS, ~RS AND IlAPPERS
,. ~ ,.... StIwel / _ ...... ...... ".,.... .lI2
.... ____ / ,.. __-nR
) o.te 10/1/01
Sc-'e ,. - 40.
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"
-#
This Instrument Prepared By:
Lawrence A. Levy
First Assistant City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
AMENDED AND RESTATED
PARKING SUBLICENSE
This Amended and Restated Parking Sublicense (the "Sublicense") is executed this
~ day of ~~r' , 2001, by and among MIAMI BEACH REDEVELOPMENT
AGENCY, a Florida public agency organized and existing pursuant to the Community
Redevelopment Act of 1969, Chapter 163, Part III, Florida Statutes, as amended (the
"Redevelopment Agency''), CITY OF MIAMI BEACH, FLORIDA, a Florida municipal
corporation (the "City"; the City and the Redevelopment Agency are hereinafter sometimes
collectively referred to as the "Licensee'') and MIAMI BEACH MARINA ASSOCIATES,
LTD., a Florida limited partnership (the "Sublicensee" or "MBMA'').
WIT N E SSE T H:
WHEREAS, Murano Two, Ltd., a Florida limited partnership ("Murano Two''), is the
owner of the southern portion of the parcel of land commonly known as SSDI North (as more
particularly described in Exhibit A attached hereto and made a part hereof, and hereinafter
referred to as the "South SSDI North Parcel") and Murano Three, Ltd., a Florida limited
partnership ("Murano Three" and together with Murano Two, the "Murano Entities''), is. the
owner of the northern portion of SSDI North (as more particularly described in Exhibit B
attached hereto and made a part hereof, and hereinafter referred to as the "North SSDI North
Parcel"; the ), South SSDI North Parcel and the North SSDI North Parcel are collectively
referred to herein as the "SSDI North Parcels''); and
-
WHEREAS, Sun & Fun, Inc., a Florida corporation ("Sun & Fun"), and Beachwalk
Development Corporation, a Florida corporation ("Beachwalk"), are the owners of Goodman
Terrace Parcel (as more particularly described in Exhibit C attached hereto and made a part
hereof), East Coastline Development, Ltd., a Florida limited partnership ("East Coastline"), is
the owner of the Alaska Parcel (as more particularly described in Exhibit D attached hereto and
made a part hereof), Azure Coast Development, Ltd., a Florida limited partnership ("Azure''), is
owner of the Hinson Parcel (as more particularly described in Exhibit E attached hereto and
made a part hereof), and Sandpoint Financial, Ltd., a Florida limited partnership ("Sandpoint,"
and collectively together with Sun & Fun, Beachwalk. East CoaStline and Azure hereinafter
sometimes referred to as "Licensor" or the "portormo Entities''), is the owner of a portion of
Block 51 (as more particularly described in Exhibit F attached hereto and made a part hereof,
and hereinafter referred to as the "Block 51 Parcels"; the Goodman Terrace Parcel, the Alaska
Parcel, the Hinson Parcel and the Block 51 Parcels are hereinafter collectively referred to as the
"Portofino Parcels"); and
WHEREAS, in order to resolve the controversies and the litigation involving SSDI
North, SSDI South, and the Core Parcel (the legal description for the Core Parcel being more
particularly described in Exhibit G attached hereto and made a part hereof), the City, the
Redevelopment Agency and West Side Partners, Ltd., a Florida limited partnership ("West
Side''), entered into a stipulation and order ("Order'') in the case styled West Side Partners. Ltd..
a Florida limited partnershio. Plaintiff. vs. City of Miami Beach. Florida. a Florida municioal
corooration. and the Miami Beach Redevelopment AlZenCy. a Florida municioal alZenCy
organized and existinlZ OW'SUant to the Community Redevelooment Act of 1969. Defendants. in
:CDC.&woJl .c l......,.BI
2
the 11th Judicial Circuit in and for Miami-Dade County, Florida, Case No. 82-24526-CA-30
(the "1997 Litigation''); and
WHEREAS, the 11th Judicial Circuit in and for Miami-Dade County, Florida approved
the Order on October 19, 1998; and
WHEREAS, in conjunction with the settlement of the 1997 Litigation, West Side, Sun &
Fun, Beachwalk, East Coastline, and Azure, have entered into that certain Parking License, dated
as of May 28, 1999 (the "Parking License"), with Licensee, and MBMA has joined therein; and
WHEREAS, City National Bank of Florida, as to SSDI South, and Mellon United
National Bank, as" to the Alaska Parcel, have consented to the granting of the Parking License,
and have subordinated their first lien interest in said parcels, pursuant to the Consent and
Subordinations attached to the Parking License; and
WHEREAS, the City is the owner of the parcel known as the Federal Triangle Parcel (as
more particularly described in Exhibit H attached hereto and made part hereof); and
WHEREAS, the SSDI North Parcels, which are currently utilized by MBMA for
parking, under that certain Lease Agreement dated June 24, 1983 between the City, and joined in
by the Agency, and Carner-Mason Associates, Ltd., a memorandum thereof being recorded at
Official Records Book 11963, Page 1143, Public Records of Dade County, Florida, as amended
by First Amendment to Marina Lease Agreement dated October 23, 1991, among the City,
. Redev~lopment Agency and Tallahassee Building Corp. (''TBC''), as further amended by Second
Amendment to Marina Lease Agreement dated August 11, 1994 between the City and TBC, as
affected by Partial Release of Lease dated December 27, 1995 between the City and TBC,
recorded at Official Records Book 17077, Page 1193, Public Records of Dade County, Florida,
and as further affected by Memorandum of Lease Amendments dated , 1997
=CJIlIIIUI~ lr~
3
among the City, Agency and mc, recorded at Official Records Book , Page
Public Records of Dade County, Florida, as further amended by Third Amendment to Marina
Lease Agreement among the City, Agency and MBMA, dated as of May 27, 1997, and a Fourth
Amendment to Marina Lease Agreement among the City, Agency and MBMA, dated as of April
15, 1998, recorded in Official Records Book at Page --' Public Records of Miami-
Dade County, Florida (collectively, the "Marina Lease"),was released from the Marina Lease,
and was transferred to West Side and portions thereof were then transferred by West Side to
Murano Two and Murano Three; and
WHEREAS, Licensee and MBMA entered into an agreement dated as of May 28, 1999
(the "Parking Sublicense"), for the use of the lands covered by the Parking License, in order to
allow MBMA to utilize such lands for parking for the Miami Beach Marina located at 300 Alton
Road, Miami Beach, Florida 33139 (the "Marina"); and
WHEREAS, Licensee, the Murano Entities and certain of the Portofino Entities have
entered into a Supplemental Agreement dated as of 2001 (the "Supplemental
Agreement") and a Revocable License Agreement dated as of .2001 (the "Revocable
License Agreemenf'), pursuant to which, among other things, the Portofino Entities have made
the Portofino Parcels available to MBMA for replacement pm;king during the development of the
SSDI North Parcels; and Murano Three has made the North SSDI North Parcel available for
replacement parking during the development of the South SSDI North Parcel; and as a result, it
is necessary and desirable that the Licensee and MBMA amend and restate the Parking
Sublicense in order to reflect the current arrangements for temporary parking during the period
that the SSDI North Parcels are being developed.
~1"W
4
NOW, THEREFORE, in consideration of the mutual covenants contained herein, other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Licensee and Sublicensee agrees as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
by reference.
2. Sublicense. Licensee hereby grants to the Sublicensee a revocable sublicense for
not less than four hundred thirty-six (436) surface parking spaces, together with vehicle and
pedestrian accesses and related facilities, on the North SSDI North Parcel, and the Portotlno
Parcels, together with a co-terminus non-exclusive revocable license for use of the Federal
Triangle Parcel for direct access to the Marina baywalk by pedestrians and small electric or
natural or liquid propane gas powered-type vehicles or similar vehicles (such as golf carts); such
surface parking to be used by MBMA or any subsequent lessee of the Marina (their successors
and assigns, as applicable), without any payment of rent by said Sublicensee. The rights granted
under this Sublicense, with regard to the Portofino Parcels and the North SSDI North Parcel,
shall be co-terminus with the rights granted to Licensee under the Supplemental Agreement and
the Revocable License Agreement, and it is understood that certain of the Portofmo Parcels may
be used only as access to other of the Portofino Parcels. Upon completion of the building known
as the Murano on the southerly portion of SSDI South, all of the parking spaces therein that are
allocated to Licensee therein shall be made available to Sublicensee, and the number of spaces
on the Portofino Parcels and the North SSDI North Parcel shall be reduced accordingly, and the
same shall be applicable to the buildings to be constructed on the SSDI North Parcels when such
parking spaces in said buildings are completed and made available to Licensee. Licensee and
Sublicensee shall enter into asepamte lease or sublease agreement with respect to the parking in
::GDMAlJCDOCIIM~~
5
each such building; said agreement to be in substantially the same form as the agreement
between said parties with regard to the parking spaces in the building on the northerly portion of
SSDI South that is known as the Yacht Club at Portofino. Temporary parking facilities shall be
constructed on the Porto fino Parcels and the parking on the North SSDI North Parcel shall be
reconfigured as set forth in the Supplemental Agreement and the Revocable License Agreement.
MBMA hereby acknowledges that it has reviewed the plans and specifications, attached to the
Supplemental Agreement, for construction, reconstruction or reconfiguration, as the case may be,
of surface parking lots, and the vehicular ingresses and egresses, on each of the Portofino
Parcels, the North"SSDI North Parcel, and with regard to the pedestrian/golf cart access across
the Federal Triangle Parcel, and that it has approved such plans and specifications.
3. Construction Sequencim! on the SSDI North Parcels. In order to minimize the
disruption to the operation of the Marina during the period that the Murano Entities are
conducting an environmental audit or environmental remediation or constructing a Project (as
hereinafter defined) on the South SSDI North Parcel and the North SSDI North Parcel pursuant
to the concept plan referenced in the concept plan that was approved by the City in conjunction
with the settlement of the 1997 Litigation ("Concept Plan''), West Side agreed, in the Parking
License, as follows:
3.1 Proiects. Two high rise towers, each with related amenities (each tower, plus
related amenities shall be considered a "Project," while both towers and related amenities shall
be considered the "Projects") will be constructed on South SSDI North Parcel and the North
SSDI North Parcel, as shown on the Concept Plan, and that each such site shall not be materially
changed as to the size of the land area encompassed thereby, without securing an appropriate
amendment to the Concept Plan. The Murano Two Project and the Murano 1bree Project will
~,,'~1"'''''
6
not be constructed at the same time. Murano Two's legal counsel, Greenberg Traurig, has
notified the City, by letter dated June 21, 2001 (a copy of which is attached hereto as Exhibit J),
that the Murano Two Project will be constructed first on the South SSDI North Parcel, and that
such construction shall commence on or shortly after September 1, 2001. Murano Two must
complete the construction of its Project on the South SSDI North Parcel, and deliver to the
Licensee (for the use of the Sublicensee) the parking spaces required in connection with said
Project pursuant to the building plans approved by the City prior to the commencement of
construction on North SSDI North Parcel. Environmental remediation shall not be conducted on
the North SSDI North Parcel in a manner which will result in the Sublicensee being unable to
use parking spaces on said site for a Project at the same time that the South SSDI Parcel is either
under construction or environmental remediation is being conducted thereon (it being the
intention and agreement of the parties hereto that the Sublicensee not lose parking on all of South
SSDI North Parcel and the North SSDI North Parcel at the same time, but only on one site at a
time); provided, however, that upon providing the written notice described below and providing
additional parking spaces on the Portofino Parcels or the North SSDI North Parcel, as the case
may be, for the number of parking spaces temporarily unavailable as a result thereof, Murano
1bree, or its successor in interest, may commence a de minimis environmental remediation that
involves ten (10) or less parking spaces (in the aggregate) and does not interfere with vehicular
access to the subject parcel or in a material fashion disrupt the operation of the Marina ("Spot
Remediation'') at the same time that the other site for a Project is either under construction or
environmental remediation.
3.2 Notice. West Side, or its successor in interest, shall provide not less than 10 .
days written notice to the City, the Redevelopment Agency and the Sublicensee of the date when
::OI*A~ANN~'3'1
7
any environmental audit will be conducted, and not less than 90 days written notice to the City,
the Redevelopment Agency and the Sublicensee of the date when any required environmental
remediation on the North SSDI North Parcel will commence, and not less than 90 days written
notice to the City, the Redevelopment Agency and the Sublicensee of,the date when it shall
commence construction on SSDI North.
3.3 Staging. When constructing a Project on either the South SSDI North Parcel
or the North SSDI North Parcel pursuant to the Concept Plan, the Murano Entities, or their'
successors in interest, shall not stage the construction on more than three lots contiguous to said
site; provided, however, that the 150-Foot Easement Area more particularly described on
Exhibit I attached hereto and made a part hereof, may not be used for construction or
construction staging purposes, except as otherwise specifically provided in that certain 150-Foot
Easement previously granted by West Side to the City.
3.4 Restoration. In the event that the Murano Two Project on the South SSDI
North Parcel is completed and the appropriate certificate of occupancy issued, and Murano
Three, or its successor in interest, has not yet given its written notice in connection with an
environmental remediation for the its Project, the Murano Entities, or their successors in interest,
shall clean and restore that portion of the parcel used for staging in connection with the Murano
Two Project, so that said area may again be provided to the Licensee (for use by the
Sublicensee), for surface parking, pursuant to the provisions of this Sublicense, until such time as
Murano Three, or its successor in interest, commences the environmental remediation or the
construction of its Project, and in the event that Murano Three has completed any environmental
remediation on the the North SSDI North Parcel, and Murano Three, or its successor in interest,
has not given its written notice in connection with any additional environmental r;J?ediation on
:~DI
8
said Parcel, or in connection with the commencement of construction on said Parcel, then
Murano Three, or its successor in interest, shall clean and restore, at its cost and expense, that
portion of the North SSDI North Parcel previously used for environmental remediation, so that
said area may again be provided to the Licensee (for use by the Sublicensee) for surface parking,
pursuant to the provisions of this Sublicense, until such time as Murano Three, or its successor in
interest, commences any construction or additional environmental remediation on said Parcel.
4. Partial Release and Termination:
4.1 Partial Release. Any of the Portofmo Entities or Murano Entities may seek a
release for any of1heir respective Parcels of land from the obligation to provide land for surface
parking, as set forth in the Supplemental Agreement and/or the Revocable Parking License, and
the Sublicensee may not unreasonably withhold or delay its consent to such partial release,
provided that the Portofino Entity or Murano Entity, or its successor in interest, can reasonably
demonstrate to the Licensee that there is sufficient land on remaining Portofmo Parcels and the
North SSDI North Parcel (and reasonable access to such land for the purpose of surface parking)
which shall remain subject to the obligation to provide land for surface parking pursuant to the
Supplemental Agreement and/or the Revocable Parking License or this Sublicense in order to
accommodate the existing and future surface parking requirements under the Supplemental
Agreement and/or the Revocable Parking License or this Sublicense; provided, however, that: (i)
that the Alaska Parcel may not be released from this Sublicense pursuant to the provisions of this
Section 4.1, and (ii) in the event that the Licensee fails to respond on or before fifteen (15) days
after receiving written request from any Portofino Entity or Murano Entity (with a copy
simultaneously sent to the Sublicensee) for a release for any of the Portofino Parcels (except for
the Alaska Parcel) or the North SSDI North Parcel, then such failure to respond shall be deemed
:.~''''l~f
9
a consent by the Licensee to such release, and the parcel described in said written request shall
be automatically released, from the terms and conditions of this Sublicense.
4.2 Termination. This Sublicense shall expire at such time as the Portofino
Entities and the Murano Entities, or their successors in interest, complete and deliver to the
Licensee, and the Licensee, in turn delivers to the Sublicensee, all of the parking spaces to be
located in the building known as the Murano on the southerly portion of the parcel known as
SSDI South, the South SSDI North Parcel and the North SSDI North Parcel, as set forth in the
Settlement Agreement by and among the City, the Redevelopment.Agency and the Portofino
Entities, dated as of April 15, 1998 (the "Settlement Agreement").
5. Entire Agreement. This Sublicense constitutes the entire agreement between the
parties hereto with respect to the subject matter hereof. Except as set forth herein, there are no
promises, representations, or understandings between the parties of any kind or nature
whatsoever.
6. Counterparts. This instrument may be executed in any number of counterparts,
each of which shall be deemed an original for all purposes and all of which shall be one and the
same document.
7. Severability. If any provision or portion thereof of this Sublicense is declared or
found by any court of competent jurisdiction to be unenforceable or null and void, such provision
or portions thereof shall be deemed stricken and severed from this Sublicense, and the remaining
provisions and portions thereof shall continue in full force and effect. If a portion is so stricken,
it is the intention of the parties that the court give such provision its nearest valid and legal
meaning.
=ODMAWCDOtl'''ANI''~tW
10
8. Conflict of Law. This Sublicense shall be construed and governed in accordance
with the laws of the State of Florida without application of the conflict of law principles. All of
the parties to this Sublicense have participated fully in the negotiation and preparation hereof;
and, accordingly, this Sublicense shall not be more strictly construed against anyone of the
parties hereto.
9. Amendment. This Sublicense shall not be modified, altered or amended except
by an instrument ,in writing signed by or on behalf of the parties hereto.
10. Assignment. The Sublicensee shall not assign, transfer or otherwise encumber
this Sublicense, or any interest herein, to any other person or entity, except the Sublicensee may
allow its employees, agents, tenants, licensees, invitees and guests to use surface parking on the
North SSDI North Parcel, the Portofino Parcels and the Federal Triangle Parcel, in accordance
with the provisions of this Sublicense in order to meet the parking requirements for the Marina.
Any other attempt to assign, transfer or encumber or any assignment, transfer or encumbrance of
this Sublicense in violation hereof shall be void and unenforceable.
11. Notices. Any notices required or permitted to be given under this Sublicense 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
or Redevelopment.
Agency at:
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
With copies to:
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attorney
and
::ODtU.~~"''''1J\1
11
Steel Hector & Davis LLP
4000 First Union Financial Center
Miami, FL 33131
Attn: Thomas V. Eagan, P .A.
If to Sublicensee:
Miami Beach Marina Associates, Ltd.
Miami Beach Marina
300 Alton Road
Miami Beach, FL 33139
Attn: Robert W. Christoph
With a copy to:
Carter McDowell, Esquire
Bilzin Sumberg Dunn & Axelrod LLP
2500 First Union Financial Center
Miami, Florida 33131
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.
12. Indemnification. By execution of this Sublicense, MBMA (on behalf of itself and its
successors and assigns) consents and agrees to abide by the terms and conditions of this Sublicense, and
hereby indemnifies the Murano Entities, the Portofino Entities and the Licensee (the Murano Entities,
the Portofino Entities and the Licensee are hereinafter collectively referred to as the
"Indemnified Parties" in this section) and holds all and each of the Indemnified Parties
harmless from any costs, expenses (including, but not limited to attorneys' fees and court costs,
at the trial court and any appellate levels) and damages relating to death of or injury to persons,
or loss of or damage to property, including, but not limited to, any violation by Sublicensee, its
invitees, agents, employees, guests, lessees or licensees of any laws, rules, regulations or
ordinances regarding hazardous materials, hazardous wastes, hazardous substances, solid waste
or pollution, whether now or existing hereafter enacted or promulgated, as they may be amended
::CDM~~
12
from time to time ("Environmental Laws"), any presence, release, or threat of release of
hazardous materials, hazardous wastes, hazardous substances, solid waste or pollution, at, upon,
under, from or within the Portofino Parcels, the North SSDI North Parcel and/or the Federal
Triangle Parcel, arising out of the activities of the Sublicensee, its invitees, agents, employees,
guests, lessees or licensees, the failure of Sublicensee, its invitees, agents, employees, guests,
lessees or licensees to duly perform any obligations or actions required to be taken under any
Environmental Laws, including, without limitation, the imposition by any governmental
authority of any lien or so-called "super priority lien" upon any of the Porto fino Parcels, the
North SSDI North Parcel and/or the Federal Triangle Parcel, any clean-up costs, liability for
personal injury or property damage or damage to the environment, and any fines, penalties, and
punitive damages, or any fines or assessments arising out of failure of the Sublicensee, its
invitees, agents, employees, guests, lessees or licensees to comply with any laws, rules,
regulations or ordinances governing the use of any of the Portofino Parcels, the North SSDI
North Parcel and/or the Federal Triangle Parcel, which any of the Indemnified Parties incur as a
result of the Sublicensee's using any of the Portofmo Parcels, the North SSDI North Parcel and/or
the Federal Triangle Parcel, but excluding any claim resulting from the intentional or negligent
acts of the any of the Indemnified Parties (and their successors and assigns), and their respective
officers, employees, agents or contractors. Sublicensee (and its successors and assigns) shall
defend any such claim asserted against any of the Indemnified Parties, and their successors
and/or assigns, resulting from, arising out of, or incurred in connection with said use of any of
the Portofino Parcels, the North SSDI North Parcel and/or the Federal Triangle Parcel, pursuant
to this Sublicense; provided, however, that the foregoing indemnity will not negate or in any way
abrogate the Licensee's indemnification of the Sublicensee pursuant to the terms and conditions
---""
13
of Section 3.12 of the First Amendment to the Marina Lease. In such event, the Sublicensee
shall be entitled to select counsel of its choice to defend the claim; provided, however, that the
Licensee shall be permitted, at its cost and expense, to retain independent counsel to monitor the
claim proceeding. Prior to taking possession of any of the Portofino Parcels, the North SSDI
North Parcel and/or the Federal Triangle Parcel, pursuant to this Sublicense, the Sublicensee
shall provide to each Indemnified Party a copy of its liability insurance along with the
appropriate endorsement showing the Indemnified Parties as additional insureds" which policy
shall provide insurance coverage in a commercially reasonable amount for similar types of
facilities. In the event that the Sublicensee fails to provide a copy of the renewal information for
said liability insurance policy or Policies to the Indemnified Parties prior to the expiration date of
said policy or policies, then the right to use any of the Portofino Parcels, the North SSDI North
Parcel and/or the Federal Triangle Parcel pursuant to this Sublicense shall cease until such time
as a copy of said renewal information for said liability insurance policy or policies is provided to
the Indemnified Parties.
Sublicensee, or its agents or employees, shall be liable and responsible for any costs,
liabilities, claims or damages, including, without limitation, reasonable attorneys' fees and
disbursements at the trial level and all levels of appeal, relating to death of or injury to persons,
or loss of or damage to property including, but not limited to, any violation by the Sublicensee,
its agents or employees of any Environmental Laws, any presence, release, or threat of release of
hazardous materials, hazardous wastes, hazardous substances, solid waste or pollution at, upon,
under, from or within any of the Portofino Parcels, the North SSDI North Parcel and/or the
~ CS'M.tUl\I,...
14
Federal Triangle Parcel by Sublicensee, its agents or employees, the failure of Sublicensee, its
agents or employees to duly perform any obligations or actions required to be taken under any
Environmental Laws, including, without limitation, the imposition by any governmental
authority of any lien or so-called "super priority lien" upon any of the Porto fino Parcels, the
North SSDI North Parcel and/or the Federal Triangle Parcel, any clean-up costs, liability for
personal injury or property damage or damage to the environment, and any fines, penalties, and punitive
damages incurred by any of the Indemnified Parties, their successors and/or assigns in tide to any of the
Portofino Parcels, the North SSDI North Parcel and/or the Federal Triangle Parcel, and resulting
from, arising out of, or incurred in connection with the use of any of the Portofino Parcels, the
North SSDI North Parcel and/or the Federal Triangle Parcel by Sublicensee, or its agents or
employees, in connection with the sublicense herein granted or such use of any of said Porto fino
Parcels, the North SSDI North Parcel and/or the Federal Triangle Parcel by the Sublicensee.
Sublicensee, or its successors and assigns shall defend any and all claims asserted against any of
the Indemnified Parties, and their successors and/or assigns, resulting from, arising out of, or
incurred in connection with the use of any of ~e Portofmo Parcels, the North SSDI North Parcel
and/or the Federal Triangle Parcel by Sublicensee, or its agents or employees, guests, lessees or
licensees in connection with the sublicense herein granted or such use of any of the Portofino Parcels,
the ~orth SSDI North Parcel and/or the Federal Triangle Parcel. In such event, Sublicensee shall
be entitled to select counsel of Licensee's choice to defend the claim; provided, however, the
Indemnified Parties shall be permitted, at their cost and expense, to retain independent counsel to
monitor the claim proceeding. Notwithstanding anything contained herein to the contrary,
neither Licensee nor its successors or assigns shall be obligated or liable to the Sublicensee or the
other Indemnified Parties or any third parties for any costs, liabilities, expenses, losses, claims or
~~,--.........~
15
damages, including, without limitation, reasonable attorneys' fees or disbursements at the trial
level and all levels of appeal, in respect of third party claims relating to death of or injury to
persons, or loss of or damage to property, and resulting from, arising out of or incurred in
connection with the use of any of the Portofmo Parcels, the North SSDI North Parcel and/or the
Federal Triangle Parcel by Licensee, or its successors and assigns, and their respective agents or
employees, in connection with the sublicense herein granted or the use of any of the Portofino Parcels,
the North SSDI North Parcel and/or the Federal Triangle Parcel, for amounts in excess of those
applicable limitations on the statutory waiver of sovereign immunity provided under Florida
Statute ~ 768.28 (or any successor statute thereto), or in respect of claims resulting from the
intentional or negligent acts of the Sublicensee or the other Indemnified Parties, and their
officers, invitees, lessees, employees, agents, guests, licensees or contractors. In the event that
the Marina Lease between the Licensee and the Sublicensee expires, or is canceled or terminated,
and a new lease for the Marina is not immediately entered into, then, for the period of time that
there is no Marina Lease or a new lease for the Marina, Licensee shall be liable and responsible,
to the extent permitted by law, for any costs, liabilities, claims or damages, including without
limitation, reasonable attorneys' fees and disbursements at the trial level and all levels of appeal,
relating to death of or injury to persons, or loss of or damage to property, incurred by the other
Indemnified Parties, and their successors and/or assigns to any of the Porto fino Parcels, the
North SSDI North Parcel and/or the Federal Triangle Parcel, and resulting from, arising out of, or
incurred in connection with the' use of any of the Portofino Parcels, the North SSDI North Parcel
and/or the Federal Triangle Parcel, pursuant to the terms of this Sublicense. Sublicensee shall
defend any such claim asserted against any of the Indemnified Parties and their successors and/or
assigns, resulting from, arising out of, or incurred in connection with said use of any of the
:<DIA~I~
16
Portofino Parcels, the North SSDI North Parcel and/or the Federal Triangle Parcel, pursuant to this
Sublicense. In such event, Sublicensee shall be entitled to select counsel of Sublicensee's choice to
defend the claim; provided, however, that the Indemnified Parties shall be permitted, at their cost and
expense, to retain independent counsel to monitor the claim proceeding. Notwithstanding anything
contained herein to the contrary, Licensee (without limiting in any way the liability of the Licensee) shall
not be obligated or liable to Sublicensee or any third parties for any costs, liabilities, expenses, losses,
claims or damages, including, without limitation, reasonable attorneys' fees or disbursements at the trial
level and all levels of appeal, in respect of third party claims relating to death of or injury to persons, or
loss of, or damage to, property, and resulting from, arising out of or incurred in connection with said use
of any of the Portofino Parcels, the North SSDI North Parcel and/or the Federal Triangle Parcel
pursuant to this Sublicense, for amounts in excess of those applicable limitations on the statutory
waiver of sovereign immunity provided under Florida Statute ~ 768.28 (or any successor statute
thereto), or in respect of claims resulting from the intentional or negligent acts of Licensee, its
officers, invitees, lessees, employees, agents, guests, licensees or contractors.
IN WITNESS WHEREOF, Licensee and Sublicensee have executed this Sublicense as of
the date first written above.
WITNESSES:
CITY .O! 'iff. B~ACH, FLORIDA,
::UlUci~ c ration
~I:s-.I"'I
17
APPROVED AS 10
FORM & LANGUAGE
. FOR EXECUTION
1!t.IL1IIOqlL.. (0 "('-dl
~ey ~~' D*
~E!:;~
frb ~ -->
Name: ~6 K~lU)~
-
THE MIAMI BEACH REDEVELOPMENT
AGENCY, a public agency organized and
existing pursuant to the Community
Redevelopment t 0 1969, as amended,
Chapter 163 II orida Statutes
By:
STATE OF FLORIDA )
F1MJ 'V) ) SS:
COUNTY 0 #rt),M,~ f\2e)
-.lJ The foregoing ~ept was acknowledg
by e~e.~ [). ~ oj as
Beach, Florida, a municipal corporation, on behalf 0 the corporation.
appeared before me, is personally known to me or produced
identification. -
before me this ~daY of October, 2001,
of City of Miami
He/she personally
as
omOAL NOl'ARYSEAL
E B KLEIER
NOfARY pUBLIC 5rATE OF FLOlUDA
COMM1S610N NO. CO!31If16
MYOOMM1S610N EXP. MAY 3
NOtary.~' q
Print Name:
Notary Public, State of
My commission expires:
[NOTARIAL SEAL]
APPROVED ~ TO
FORM & LANGUAGE
& FOR EXECUTION
-~
18
/1i4~~ lO-~-a. (
Redev Agencr, ..tf,..,- DatIt
General Co&.IWeI YJ"
STATE OF FLORIDA )
) SS:
COUNTY~!WY-~
~fOregO~ instrum~ acknowledged ~re me this f~ay of October, 2001
BY 15JreJ 0 ~ as Ufftf7~:11,u of The
Miami Beach Redevelopment Agency, a public agency organized and existing pursuant to the
Community Redevelopment Act of 1969, as amended, Chapter 163, Part III Florida Statutes.
He/she personally appeared before me, is personally known to me or produced
as identification.
NOtary:~ *
Print Name:
Notary Public, State of
My commission expires:
[NOTARIAL SEAL]
OFFICJALNCYrARYSEAL
E B KLEIER
NOI'ARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC832876
MY CDMMISSION EXP. M.A Y 3
~,
19
STATE OF FLORIDA )
) SS:
COUNTYOF~'aJ.J
The foregoing instrument was acknowledged before me this ~ ,.cJ. day of October,
2001, by Robert W. Christoph as President of So Be Marine, Inc., a Florida corporation, which is
the general partner of Miami Beach Marina Associates, Ltd., a Florida limited partnership, on
behalf of the corporation and the partnership. He/she personally appeared before me, is
personally known to me. er proauced !lI-'! irlputifkatieR.
[NOTARIAL SEAL]
.........., Rhoda Rubin
t.~~~..~ MY COMMISSION # CC717195 EXPIRES
~ fN FebnJalV 17. 2002
1j;..:...lA." BONOeDTHRUOOYfAIIINUANCl'. iI'lC.
"4Jlt..\i'"
:~I3NI
20
CONSENT AND SUBORDINATION
The undersigned, ORIX USA CORPORATION, a Delaware corporation, as the holder of
the leasehold mortgage encumbering the Marina Lease, and recorded in Official Records Book
17673, Page 2862 of the Public Records of Miami- Dade County, Florida, hereby consents to the
foregoing Parking License and subordinates the lien of said mortgage to the rights granted in said
Parking License.
ORIX USA CORPORATION, a Delaware
corporation
By:
Name: _ Name:
Title:
Name:
STATE OF FLORIDA
) SS:
COUNTY OF
)
)
The foregoing instrument was acknowledged before me this day of -' 19_ by -' as of
ORIX USA CORPORATION, a Delaware corporation, on behalf of the corporation. He/she
personally appeared before me, is personally known to me or produced as identification.
[NOTARIAL SEAL] Notary:
Print Name:
Notary Public, State of
My commission expires:
~
21
EXlDBIT A
South SSDI North Parcel
, (Southern portion of SSDI North)
PHASE 1
BEING A PORTION OF LOTS 30 THRU 42, BLOCK iii, OCEAN BEACH, FLAADDITION
NO.3 ACCORDING TO THE PLAT THEREOF, A SUBDIVISION RECORDED IN PLAT
BOOK 2, PAGE 81 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, Fl.
(P.O.B.) BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 30 BLOCK 111 P.B.
2 AT PAGE 81 THENCE RUN NORTH 320 12' 16" WEST ALONG THE WESTERLY RIW
LINE OF ALTON ROAD A DISTANCE OF 588.17 FEET TO A POINT. THENCE RUN
SOUTH 57047' 44" WEST PARALLEL TO THE SOUTHERLY LINE OF SAID LOT 30 A
DISTANCE OF 186.95 FEET TO A POINT. THENCE RUN NORTH 320 12' 16" WEST
PARALLEL TO THE WESTERLY RIW LINE OF ALTON ROAD A DISTANCE OF 26.50
FEET TO A ,POINT. THENCE RUN SOUTH 570 47' 44" WEST PARALLEL TO THE
SOUTHERLY LINE OF LOT 30 A DISTANCE OF 113.05 FEET TO A POINT. THENCE
RUN SOUTH 320 12' 16" EAST PARALLEL TO THE WESTERLY RIW LINE OF ALTON
ROAD A DISTANCE OF 614.67 FEET TO A POINT ALSO BEING THE
SOUTHWESTERLY CORNER OF SAID LOT 30. THENCE NORTH 570 47' 44" EAST
ALONG THE SOUTHERLY LINE OF LOT 30, A DISTANCE OF 300.00 FEET TO THE
POINT OF BEGINNING, TOGETHER WITH THE ACCRETIONS THERETO MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN (P.O.B.) AT THE SOUTHWESTERLY CORNER OF LOT 30, BLOCK 111, OCEAN
BEACH, FLA, ADDITION NO.2, RECORDED IN PLAT BOOK 2, PAGE 81 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND RUN S. 57047' 44" W. A
DISTANCE OF 22.25 FEET TO THE FACE OF A CONCRETE BULKHEAD ALSO BEING
THE FACE OF THE ACCRETED LAND WESTERLY OF THE WESTERLY LINE OF
REFERENCED BLOCK 111; THENCE RUN N. 32008' 04" W. ALONG THE FACE OF
SAID BULKHEAD A DISTANCE OF 400.00 FEET; THENCE RUN N. 32 23' 49" W. A
DISTANCE OF 55.14 FEET; THENCE N. 300 36' 31" W. A DISTANCE OF 44.30 FEET;
THENCE RUN N. 59 023' 17" E. A DISTANCE OF 8.59 FEET; THENCE RUN N. 250 23'
22" W. A DISTANCE OF 36.44; THENCE RUN S. 580 03'18" W. A DISTANCE OF 13.54
FEET; THENCE RUN N. 310 13'12" W. A DISTANCE OF 25.60 FEET; THENCE RUN N.
60019' 11" E. A DISTANCE OF 10.78 FEET; THENCE N. 210 07' 50" W. A DISTANCE OF
23.14 FEET; THENCE RUN S. 600 26' 46" W. A DISTANCE OF 14.68 FEET; THENCE
RUN N. 380 58' 20" W. A DISTANCE OF 30.95; THENCE RUN N. 570 47' 44" E. A
DISTANCE OF 24.00 FEET; THENCE RUN S. 320 12' 16" E. A DISTANCE OF 614.67
FEET TO THE POINT OF BEGINNING (P .O.B.).
., "'.......;l>;r
EXHIBIT B
North SSDI North Parcel
(Northern portion of SSDI North)
LEGAL DESCRIPTION
PHASE 2
BEING A PORTION OF LOTS 41 AND 42, BLOCK 111, 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
AND ALL OF LOTS 43,44,45,46,47,48A, 49B AND 50C, OF DADE COUNTY PROPERTY
OF MIAMI BEACH ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 14, PAGE 70 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT 30 BLOCK 111 P .B. 2 AT
PAGE 81 TH~NCE RUN NORTH 320 12' 16" WEST ALONG THE WESTERLY RIW LINE
OF ALTON ROAD A DISTANCE OF 588.17 FEET TO THE POINT OF BEGINNINO.
THENCE RUN SOUTH 570 47' 44" WEST PARALLEL TO THE SOUTHERLY LINE OF
SAID LOT 30 A DISTANCE OF 186.95 FEET TO A POINT. THENCE RUN NORTH 320 12'
16" WEST PARALLEL TO THE WESTERLY RIW LINE OF ALTON ROAD A DISTANCE
OF 26.50 FEET TO A POINT. THENCE RUN SOUTH 57047' 44" WEST PARALLEL TO
THE SOUTHERLY LINE OF LOT 30 A DISTANCE OF 113.05 FEET TO A POINT.
THENCE RUN NORTH 320 12' 16" WEST WITH A DISTANCE OF 94.98 FEET TO A
POINT. THENCE RUN NORTH 280 29' 08" WEST WITH A DISTANCE OF 323.93 FEET
TO A POINT BEING ON THE SOUTHERLY RIW LINE OF THE Mac ARTHUR
CAUSEWAY. THENCE RUN NORTH 66021' 44" EAST PARALLEL TO THE SOUTHERLY
RIW LINE OF THE Mac ARTHUR CAUSEWAY A DISTANCE OF 86.00 FEET TO A POINT
OF CURVATURE. THENCE NORTHEASTERLY ALONG A CIRCULAR CURVE TO THE
RIGHT CONCAVE TO THE SOUTHEAST ALONG THE SOUTHERLY RIW LINE OF THE
Mac ARTHUR CAUSEWAY HAVING A RADIUS OF 216.50 FEET AND A CENTRAL
ANGLE OF 210 29' 00" FOR AN ARC DISTANCE OF 81.18 FEET TO A POINT OF
TANGENCY. THENCE RUN SOUTH 870 50' 44" EAST PARALLEL TO THE SOUTHERLY
RIW LINE OF THE Mac ARTHUR CAUSEWAY A DISTANCE OF 90.50 FEET TO A POINT
OF CURVATURE. THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 79.00 FEET AND A CENTRAL ANGLE OF 590 57'
00" FOR AN ARC DISTANCE OF 82.66 FEET TO A POINT. THENCE RUN SOUTH 320
12' 16" EAST ALONG THE WEST RIW LINE OF ALTON ROAD A DISTANCE OF 291.53
FEET TO THE POINT OF BEGINNING, TOGETHER WITH THE ACCRETIONS THERETO
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE (P.O.C.) AT THE SOUTHEASTERLY CORNER OF LOT 30, OF BLOCK 111,
OCEAN BEACH, FLA. ADDITION NO.3, ACCORDING TO THE PLAT THEREOF, A
SUBDMSION RECORDED IN PLAT BOOK 2, AT PAGE 81 OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA AND RUN N. 320 12' 16" W. ALONG THE
EASTERLY LINE OF SAID BLOCK 111 ALSO BEING THE WESTERLY RIGHT-OF-WAY
LINE. OF ALTON ROAD A DISTANCE OF 588.17 FEET TO A POINT (P .O.B. OF PHASE
II); THENCE RUN S. 57047' 44" W.IN SAID BLOCK 111 A DISTANCE OF 186.95 FEET;
THENCE RUN N. 32012'16" W. A DISTANCE OF 26.50 FEET; THENCE RUN S. 570 47'
44" W. A DISTANCE OF 113.05 FEET TO THE WESTERLY LINE OF SAID BLOCK 111
AND THE POINT OF BEGINNING (P .O.B.) OF THE AFORESAID ACCRETED AREA;
THENCE RUN N. 320 12' 16" W. ALONG THE WESTERLY LINE OF AFORESAID BLOCK
111, PLAT BOOK 2, PAGE 81 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, ALONG THE EASTERLY LINE OF THE ACCRETED AREA, N. 320 12' 16" W.
A DISTANCE OF 94.98 FEET; THENCE RUN N. 280 29' 08" W. ALONG THE WESTERLY
LINE OF SAID BLOCK 111, P.B. 2, PAGE 81 AND THE WESTERLY LINE OF PLAT.
BOOK 14, PAGE 70 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
A DISTANCE OF 285.93 FEET TO A POINT OF INTERSECTION WITH THE ACCRETED
AREA; THE FOLLOWING 6 COURSES ARE ALONG THE WESTERLY FACE OF THE
ACCRETED AREA; THENCE RUN S. 230 15' 07" E. A DISTANCE OF 88.06 FEET;
THENCE RUN S. 25047' 41" E. A DISTANCE"OF 100.11 FEET; THENCE RUN S. 26027'
24" E. A DISTANCE OF 100.91 FEET; THENCE RUN S.180 47' 55" E. A DISTANCE OF
9.92 FEET; THENCE RUN S. 260 27' 24" E. A DISTANCE OF 46.00 FEET; THENCE RUN
S. 310 13' 12" E. A DISTANCE OF 38.02 FEET; THENCE RUN N. 570 47' 44" E. A
DISTANCE OF 24.00 FEET TO THE POINT OF BEGINNING (P.O.B.).
EXHIBIT C
GOODMAN TERRACE PARCEL
LEGAL DESCRIPTION
Goodman Terrace Parcel
Part of the Northwest quarter of Section 10, Township 54 South, Range 42 East,
described as follows:
Begin in North line of Section 10, which line is also South line of Biscayne Street at its
intersection with East line of Jefferson Avenue extended; then South in line drawn at
right angles to South line of Biscayne Street 132 feet, thence, East in line drawn parallel
with South line ofBiscayne Street to West line of Washington Avenue; thence, North
along West line of Washington Avenue to its intersection with South line ofBiscayne
Street; thence, West along South line ofBiscayne Street to point of beginning. Also
described -as: all that part of North 132.0 feet of Section 10-54-42 known as Smith
Cottages Tract and also as Tract B and bounded on North by North line of Section 10; on
West by East line of Jefferson Avenue extended; on South by line parallel to and 132'
South of North line of Section 10; on East by West line of Washington Avenue extended.
EXHIBIT D
ALASKA PARCEL
LEGAL DESCRIPTION
Alaska Parcel
A parcel of land and accreted land located in Section 10, Township 54 South, Range 42
East, Miami-Dade County, Florida, and being more particularly described as follows:
For a Point of Beginning commence at a 10-inch-square concrete monument located on
the northerly boundary of the u.S. Army Corps of Engineers Reservation, being the
westernmost comer of Lot 6, Block 4, of South Beach Park Subdivision as shown in Plat
Book 6, Page 77, of the Public Records of Miami-Dade County; said monument
designated "C" having grid coordinates of X-784,440.39 and Y-521,912.47. Said
monument also lies approximately South 24 degrees 27'26" West a distance of 592.30
feet South of and North 65 degrees 36'16" East a distance of 554.97 feet West of the
northeast comer of the northwest 1/4 of Section 10, Township 54 South, Range 42 East.
From said Point of Beginning run thence South 24 degrees 25'50" West a distance of
420.43 feet, more or less, to the Mean High Water (M.H.W.) line of the northerly
shoreline of the "Government Cut" for the entrance channel of the Miami Harbor; thence
North 65 degrees 35'19" West along said M.H.W. line a distance of261.59 feet to a point
on a bulkhead; thence North 31 degrees 08'28" West along said bulkhead a distance of
242.83 feet to U.S. Army Corps of Engineers Monument "Virgil" having a grid
coordinate of X-783,902.72 and Y-521,845.63; thence North 57 degrees 41 '41" East a
distance of 226.20 feet to Monument "West" having a grid coordinate of X-784,093.91
and Y-521,966.52; thence North 87 degrees 38'37" East a distance of 208.58 feet to
Monument "G", having a grid coordinate of X-784,302.32 and Y-521,975.14; thence
South 65 degrees 35' 12" East a distance of 151.63 feet to Monument "c' and the Point of
Beginning.
EXHIBIT E
HINSON PARCEL
LEGAL DESCRIPTION
Hinson Parcel
BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, at Page
77, of the Public Records of Miami-Dade County, Florida, less and excepting therefrom
the foflowing two dedications:
A 50.00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded
in Plat Book 6, at Page 77, of the Public Records of Miami-Dade County, Florida. Said
50.00 foot dedication being described as follows:
Bounded on the North by the Northerly line of said BLOCK 8; Bounded on the South by
the Southerly line of said BLOCK 8; said Southerly line also being the Northerly line of
the Government Reservation shown hereon; Bounded on the East by a line parallel to and
50.00 feet distant Easterly of, as measured at 90-degrees to the Westerly line, of said
BLOCK 8; Bounded on the West by the Westerly line of the above-referenced BLOCK
8, said Westerly line also being the Easterly line ofBiscayne Bay.
A 40.00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded
in Plat Book 6, at Page 77, of the Public Records of Miami-Dade County, Florida. Said
40.00 foot dedication being described as follows:
Bounded on the North by the Northerly line of the above-referenced BLOCK 8; Bounded
on the South by the Southerly line of the above-referenced BLOCK 8; said Southerly line
also being the Northerly line of the Government Reservation shown hereon; Bounded on
the east by the Westerly line of Washington Avenue, said Westerly line also being the
Easterly line of BLOCK 8; Bounded on the West by a line parallel to 'and 40.00 feet
distant Westerly of, as measured at 90-degrees to the Westerly line, of the above-
referenced Washington Avenue.
......
EXlDBIT F
BLOCK 51 PARCEL
LEGAL DESCRIPTION
Block 51 Parcel
Lots 5, 6, 7, 8 and 9, inclusive, in Block 51, of OCEAN BEACH 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.
EXHIBIT G
CORE PARCEL
LEGAL DESCRIPTION
All of Lots 22 through 29, inclusive, and Lot 21, less the Southerly 40 feet thereof
in Block Ill, 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
Dade County, Florida; together with a 40-foot right-of-way on the Bay side of the
Hope and Rebecca Tower property, (being Lots 15 through 20 and the Southerly
40 feet of Lot 21 in Block Ill, of OCEAN BEACH FLORIDA ADDITION NO.
3);
TOGETHER WITH:
The West 2 feet of Lots 15 through 20, inclusive, and the Westerly 40 feet of the
Southerly'40 feet of Lot 21, in Block 111, of OCEAN BEACH FLORIDA
ADDITION NO.3, according to the Plat thereof as recorded in Plat Book 2, Page
81, of the Public
~ J Z. ......."...
,
EXHmlT H
FEDERAL TRIANGLE PARCEL
LEGAL DESCRIPTION
Federal Triangle Parcel
For a Point of Reference commence at monument "c" as described in the Legal
Description for South Pointe Park, run thence along the northeasterly line of the U.S.
Corps of Engineers Reservation, North 650 32' 12" west, a distance of 151.63 feet, more
or less, to a steel pin set in concrete, designated monument "G"; thence run South 870
38' 37" West a distance of208.58 feet along the northeasterly Northwesterly boundary of
the U.S. Corps of Engineers Reservation to monument "West", having coordinates of X-
784,093.91 and Y -521,966.52, said point being the Point of Beginning of the tract being
described herein.
From said Point of Beginning, run thence South 57041 '41" West, a distance of 226.20
feet to U.S. Corps of Engineers monument "Virgil", having coordinates ofX-783,902.72
and Y-521,845.63; thence continue South 57041 '41" West a distance of 4.0 feet, more or
less, to the face of an existing steel bulkhead and the approximate north shore of the
Entrance Channel to Miami Harbor; thence run Northwesterly along the north shore of
Miami Harbor on an approximate bearing of North 32005'08" West, a distance of 132.34'
more or less, to a point which lies South 87038'37" West, a distance of 265.09 feet from
monument "West"; thence run North 87038'37" East along the Northwesterly boundary
of the U.S. Corps of Engineers Reservation passing through a concrete monument
designated "F" at a distance of 121 feet, more or less, for a total distance of 265.09 feet to
monument "West", and the Point of Beginning.; also being described as follows:
A triangular portion of land lying and being in Section 10, Township 54 South, Range 42
East, Miami-Dade County, Florida. Bounded on the North by the South line of Lot 3,
Block 8 of "South Beach Park Subdivision" Plat Book 6, Page 77 Public Records of
Miami-Dade County Florida, Bounded on the West by the Biscayne Bay and Bounded on
. the South by the North line of the Alaska Parcel, said Alaska Parcel being described as
follows:
For a Point of Beginning commence at a 10-inch-square concrete monument located on
the northerly boundary of the U.S. Army Corps of Engineers Reservation, being the
westernmost comer of Lot 6, Block 4, of South Beach Park Subdivision as shown in Plat
Book 6, Page 77, of the public records of Miami-Dade County; said monument
designated "c" having grid coordinates of X-784,440.39 and Y-521,912.47. Said
monument also lies approximately South 24 degrees 27'26" West a distance of 592.30
feet South of and North 65 degrees 36' 16" East of a distance of 554.97 feet West of the
northeast comer of the northwest 1/4 of Section 10, Township 54 South Range 42 East.
From said Point of Beginning run thence South 24 degrees 25'50" West a distance of
420.43 feet, more or less, to the Mean High Water (M.H.W.) line of the northerly
shoreline of the "Government Cut" for the entrance channel of the Miami Harbor; thence
North 65 degrees 35' 19" West along said M.H.W. line a distance of261.59 feet to a point
on a bulkhead; thence North 31 degrees 08'28" West along said bulkhead a distance of
242.83 feet to U.S. Army Corps of Engineers Monument "Virgil" having a grid
coordinate ofX-783,902.72 and Y-521,845.63; thence North 57 degrees 41 '41" East a
distance of 226.20 feet to Monument "West" having a grid coordinate of X-784,093.91
and Y-521,966.52; thence North 87 degrees 38'37" East a distance of 208.58 feet to
Monument "G", having a grid coordinate of X-784,302.32 and Y-521,975.14; thence
South 65 degrees 35'12" East a distance of 151.63 feet to Monument "c' and the Point of
Beginning.
EXIllBIT I
150 FOOT EASEMENT AREA
LEGAL DESCRIYfION
Lots 30, 31 and 32, Block III "Ocean Beach, Florida Addition No.3", as recorded in Plat Book
2, at Page 81, of the Public Records of Miami-Dade County, Florida.
-....
~""I:N
--
t
EXHIBIT J
NOTICE OF COMMENCEMENT OF CONSTRUCTION
ON THE SOUTH SSDI NORTH PARCEL
iA
This lnstrumeat was prepared by:
Name: Clifford A. Schulman
Address:12Z1 Brickell Aveaue
Miami, Florida 33131
(Space reserved for Clerk)
; I ~
DECLARATION OF RESTRICTIVE COVENANTS
IN LIEU OF UNITY OF TITLE
KNOW ALL BY THESE PRESENTS that the undersigned parties hereby make, declare
and impose on the land herein described, these easements and covenants running with the title to
the land, which shall be binding on the Owners (as hereinafter defined), all heirs, successors and
assigns, personal representatives, mortgagees, lessees, and against all persons claiming by,
through or underftterJr,'
WHEREAS, East Coastline Development, Ltd. holds the fee simple title to the land in the
City of Miami Beach, Miami-Dade County, Florida, described in. Exhibit "A," attached hereto
and made a part hereof, hereinafter called the "Alaska Property";
WHEREAS, Sun & Fun and Beachwalk Development Corporation collectively hold fee
simple title to the land in the City of Miami Beach, Miami-Dade County, Florida, described in
Exhibit "B," attached hereto and made a part hereof, hereinafter called the "Hinson Parking
Parcel";
WHEREAS, the City of Miami Beach ("City") and the Miami Beach Redevelopment
Agency intend to temporarily develop said property for a temporary parking lot pursuant to
Application No. 1517, which was approved by the Planning Board of the City on August 22,
2001; and
WHEREAS, Sun & Fun, Inc., BeachwaIk Development Corporation and Azure Coast
Development, Ltd. collectively hold the fee simple title to the land in the City of Miami Beach,
Miami-Dade County, Florida; described in Exhibit "C", attached hereto and made a part hereof,
hereinafter called the "Access Property", which property will be used to access the parking to be
provided on the Alaska Property, more particularly described in Exhibit "A" and the Hinson
Parking Parcel, more particularly described on Exhibit "B", subject to the provisions set forth in
paragraph 4 below;
WHEREAS, The City holds fee simple title to the land in the City of Miami Beach,
Miami-Dade County, Florida, described in Exhibit "D" attached hereto and made a part hereof,
hereinafter called the "Federal Triangle Access Parcel" which, together with the Access Property
described in Exhibit "B," will provide direct Access to the Alaska Property and Hinson Parking
Parcel from South Pointe Drive; and
Declaration of Restrictive Covenants
in Lieu of Unity of Title
Page 2
WHEREAS, pursuant to Section .130-36 of the City Code, the owners of the Alaska
Property, Hinson Parking Parcel, the Federal Triangle Access Parcel and the Access Property
(hereinafter, collectively, the "Owners") wish to provide the City with assurances that during the
lifetime of the parking use of the Alaska Property and Hinson Parking Parcel, pursuant to the
request set forth in Application No. 1517 described above, the Access Property and Federal
Triangle Access Parcel will be available to provide access to the Alaska Property and Hinson
Parking Parcel, subject to the provisions set forth in paragraph 4 below;
NOW THEREFORE, in consideration of the premises, Owners hereby agree as follows:
1. The Alaska Property, the Federal Triangle Access Parcel, Hinson Parking Parcel and the
Access Property (collectively, the "Property") will be developed in substantial
conformity with the site plan entitled, Alaska Parcel Temporary Parking Lot, prepared by
Kimley-Horn and Associates, Inc., dated the 27th day of June, 2001 and last revised on
September.____ 2001.
No modification shall be effected in said site plan without the written consent of the then
owner(s) of the Alaska Property, Hinson Parking Parcel and the Access Property, and the
Planning and Zoning Director of the City of Miami Beach; provided the Planning and
Zoning Director finds that the modification conforms with the standards established in
Section 118-195 of the Code of City of Miami Beach, and provided further, that should
the Planning and Zoning Director withhold such approval, the then owner(s) of the
Property shall be permitted to seek such modification by application to modify the plan or
covenant at public hearing before the Planning Board or City Commission, or whichever
Board by law that has jurisdiction over such matter.
2. If the Property is developed in phases, each phase will be developed in substantial
accordance with the site plan.
3. In the event of multiple ownership subsequent to said site plan approval, each of the
subsequent owners, mortgagees and other parties in interest shall be bound by the terms,
provisions and conditions of this instrument.
4. The provisions of this instrument shall become effective upon their recordation in the
public records of Miami-Dade County, Florida, and shall continue in effect until released
in writing by the then owners of the Property and the Planning and Zoning Director,
acting for and on behalf of the City. This instrument shall be released by the Planning
and Zoning Director, in writing, upon the demonstration that the Alaska Property and
Hinson Parking Parcel are no longer being used for the temporary parking purposes as set
forth in Application No. 1517, noted above, or as otherwise set forth below. In addition,
this instrument shall be modified to release the (i) Hinson Parcel Parcel in the event thecHinson Parking Parcel is no longer being used for temporary parking purposes, and/or (ii)
Access Property in the event that the owners of the Alaska Property and Hinson Parking
Parcel provide alternative access to the Alaska Property and Hinson Parking Parcel for
parking purposes, and provided that said alternative access is approved by the City,
within its reasonable discretion. In the event that said alternative access is provided from
Declaration of Restrictive Covenants
in Lieu of Unity of Title
Page 3
an existing public right-of-way, without the crossing of any property not owned by the
Owner of the Alaska Property, then and in that event, this instrument shall be modified to
release the Access Property from this instrument. In the event, however, that said
alternative access is provided at a location which requires the crossing of any property
not owned by the Owner of the Alaska Property, this instrument shall be released by the
City upon presentation to the City of an amended, revised or substitute instrument, in a
form reasonably acceptable to the City, that contains the same or substantially similar
provisions to this instrument.
5. Enforcement of this instrument shall be by action at law or in equity with 'costs and
reasonable attorney's fees to the prevailing party.
IN WITNESS WHEREOF, the parties hereto ~ve caused this instrument to be executed
on the .J1..:: day of O~ Y ,2001.
Witnessed by:
EAST COASTLINE DEVELOPMENT, LTD., a
Florida limited partnership
By:
East Coastline, Inc., a Florida corporation,
eral Partner
~~~~
Name: 1-f/~.J-/A~"'- ~IZ~/AJ
By:
Name: Margaret
Title: President
~~ Address:
Name: Cjq-rI-l~/IJ6' i=: r-_./OA.JIo..JtS-S"c
(Corporate Seal)
404 Washington Avenue, Suite 120
Miami Beach, Florida 33139
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
~
The foregoing instrument was acknowledged before me this ~day of October, 2001,
by Margaret Nee, as President of East Coastline, Inc., a Florida corporation, General Partner of
EAST COASTLINE DEVELOPMENT, LTD., a Florida limited partnership, on behalf of said
corporation and partnership. She is personally known to me or presented
as identification.
My commission expires:
Name
Notary Public, State 0
Commission No.
o
CAnIERJNE FCOLONNEsE
NarARY PUBUCSl'ATBOFFLORIDA
COMM&lON MJ. CX!ICISJ79
MY~EXP.
Declaration of Restrictivt: Covenants
in Lieu of Unity of Title
Page 4
~~~
(Corporate Seal)
By:
Name: Margaret N
Title: President
~~ Address:
Name: c::::>-.-r-~I De: F. ~~Jo/..Jt..Jt5:..sC'
404 Washington Avenue, Suite 120
Miami Beach, Florida 33139
STATE OF FLORIDA )
) ss:
COUNTY OF M~-DADE ) ~
The foregoing instrument was acknowledged before me this ~ day of October, 2001,
by Margaret Nee, as President of Sun & Fun, Inc., a Florida corporation, on behalf of said
corporation. She is personally known to me or presented
as identification. < - ()A I-In A,.,;() I () Ill. ~ A /
Name: /!::7C
Notary Public, State~rid.!.. ~
My commission expires: Commission No. tt..O~ 1,7
o
CAnmuNE FC0L0NNES8
Nal'ARYl'UBLlCsrATE arFL<IUDA
coMMJSSION NO. CX!lC&179
MYCOMMISSlQN EXP. AN.
Declaration of Restrictive Covenants
in Lieu of Unity of Title
Page 5
BEACHW ALK DEVELOPMENT
CORPORATION, a Florida corp tion
(Corporate Seal)
~~w
By:
Name: Margaret
Title: President
~~s:
Name: ClIIIJ-rJ-lc.I:'lClt....J,I:" 1=". rc=/okJ~e
404 Washington Avenue, Suite 120
Miami Beach, Florida 33139
STATE OF FLORIDA )
. ) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ~y of October, 2001,
by Margaret Nee, as President of Beachwalk Development Corporation, a Florida corporation,
on behalf of said corporation. She is personally known to me or presented
as identification. ~
Name:
Notary Public, State of lorida~ '
My commission expires: Commission No. c.cq()'51..L/-
AZURE COAST DEVELOPMENT, LTD., a
Florida limited partnership
By: Azure Coast, Inc., a Florida corporation,
era! Partner
OJ
By:
Name: Margaret
Title: President
(Corporate Seal)
., ....
~~s:
- mne:~~~~IU_ ~. C3=1=~~e
404 Washington Avenue, Suite 120
Miami Beach, Florida 33139
Declaration of Restrictive Covenants
in Lieu of Unity of Title
Page 6
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
. :-1z. .
The foregoing instrument was acknowledged before me this S day of October, 200 1,
by Margaret Nee, as President of Azure Coast, Inc., a Florida corporation, General Partner of
AZURE COAST DEVELOPMENT, LTD., a Florida limited partnership, on behalf of said
corporation and partnership. She is ersonally known to me or presented
as identt catton.
My commission expires:
Witnessed by:
o CAL N ARYSEAL
CAnIERINE F COLONNESE
NOrARypUBLIC 5rATECIP R.ORJI)A
coMMISSION NO. c:x::9IS79
MYCOM).(lSStQN EXP. AN. 25 CITY OF MIAMI BEACH, a municipal
corporation
Name:
By:
Name: Neisen O. Kasdin
Title: Mayor
(Corporate Seal)
Address:
1700 Convention Center Drive
Miami Beach, Florida 33139
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was .acknowledged before me this _ day of October, 2001,
by Neisen O. Kasdin, as Mayor of the City of Miami Beach, a municipal corporation, on behalf
of said municipal corporation. He is personally known to me or presented
as identification.
My commission expires:
Name:
Notary Public, State of Florida
Commission No.
Declaration of Restrictil'e Covenants
in Lieu of Unity of Title
Page 6
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _ day of October, 2001,
by Margaret Nee, as President of Azure Coast, Inc., a Florida corporation, General Partner of
AZURE COAST DEVELOPMENT, LTD., a Florida limited partnership, on behalf of said
corporation and partnership. She is personally known to me or -presented
as identification.
My commission expires:
N~: _
Notary Public, State of Florida .'
Commission No.
Witnessed by:
THE CITY OF MIAMI BEACH, a municipal
corporation r/I J .
By. fIlA
Name: Neisen O. Kasdin
Title: Mayor
de~~ Q~
Name:A.........."..c.Ire" ;;.. -,I. ~
fJbJJ11J)eA
Name: f?\ K\ e1 e .I;
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this Q1-lday of October, 2001,
by Neisen O. Kasdin, as Mayor of the City of Miami Beach, a municipal corporation, on behalf
of said municipal corporation. He is personally known ~ me or presented
as identification. rrt.. P. n (
Name: ~ ~
Notary Public, State ofF~rida
My commission expires: Commission No.
(Corporate Seal)
Address:
1700 Convention Center Drive
Miami Beach, Florida 33139
NC1I'AllY SEAL
E IICLEIER
NOl'AKY PUBUC !rATE OF FLORIDA
(X)MMlSSION NO. UJS1Il16
MY (X)td)AESION EXP. MAY 3
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
11t./ffP,Lt-a- ~O-~-<J J
city Attorney ~ Date
Declaration of Restrictive Covenants
in Lieu of Unity of Title
Page 7
- CONSENT AND SUBORDINATION
The undersigned, City National Bank of Florida, a national banking corporation, as the
holder of that certain Mortgage and Security Agreement recorded in Official Records Book
19788, at Page 2375 of the Public Records of Miami-Dade County, Florida, which encumbers
the Alaska Property, the Hinson Parking Parcel, and the Access Property, hereby consents to and
subordinates the lien and operation of said mortgage-to the foregoing Declaration of Restrictive
Covenants. .
By:
Name:
Title:
Print Name:
~~~~Z#b-
STATEFLORlDA )
) SS:
COUNTYOF~-DADE )
L..!fl~~r~..9.i~.g_ instrument ~as 8f\knowledged before me thisR day of October, 2001,
b~ ~as ..5C..lIlc.e W~ of City National Bank of Florida, a national
banking corporation, on behalf of said corpqration. He/~he is personally known to me or is
personally known to me or presented Rcnrt::L9Y'1 ~ I ~ as identification.
~=/I!~qii~ )
My commission expires: Commission No.
\\MIA-SRVOIISCIIUIMANC\I3I7Us.o3\SIVX031.DOC\71!/01
AVA M. KLPATRlCK
.' MY COMMISSION' CC 748173
I EXPIRES: June 3,2002
....1Mt NalIIJ NIle l/ndIIWllIIrI
Declaration of Restrictive Covenants
Exhibit" A"
Alaska Parcel
A parcel of land and accreted land located in Section 10, Township 54 South, Range 42
East, Miami-Dade County, Florida, and being more particularly described as follows:
For a Point of Beginning commence at a 10-inch-square concrete monument located on
the northerly boundary of the U.S. Army Corps of Engineers Reservation, being the
westernmost comer of Lot 6, Block 4, of South Beach Park Subdivision as shown in Plat
Book 6, Page 77, of the Public Records of Miami-Dade County; said monument
designated "c" having grid coordinates of X-784,440.39 and Y-521 ,912.47. Said
,monument also lies approximately South 24 degrees 27'26" West a distance of 592.30
feet South of and North 65 degrees 36'16" East a distance of 554.97 feet West of the
northeast comer of the northwest 1/4 of Section 10, Township 54 South, Range 42 East.
From said Pornt of Beginning run thence South 24 degrees 25'50" West a distance of
420.43 feet, more or less, to the Mean High Water (M.H.W.) line of the northerly
shoreline of the "Government Cut" for the entrance channel of the Miami H:arbor; thence
North 65 degrees 35'19" West along said M.H.W. line a distance of261.59 feet to a point
on a bulkhead; thence North 31 degrees 08'28" West along said bulkhead a distance of
242.83 feet to U.S. Army Corps of Engineers Monument "Virgil" having a grid
coordinate of X-783,902.72 and Y-521,845.63; thence North 57 degrees 41 '41" East a
distance of 226.20 feet to Monument "West" having a grid coordinate of X-784,093.91
and Y-521,966.52; thence North 87 degrees 38'37" East a distance of 208.58 feet to
Monument "0", having a grid coordinate of X-784,302.32 and Y-521,975.14; thence
South 65 degrees 35'12" East a distance of 151.63 feet to Monument "C' and the Point of
Beginning.
EXHIBIT "B"
LEGAL DESCRIPTION:
HINSON EAST PARKING PARCEL
It pIlI1iaft vi Lot 3. 8Iodl I vi sount ~ PMIC SU8OIYI5ION. recOIded ill Plat BoaII 6, at Page n of ....
P\dIllc fWlCOfaS of UIornf-Oade CcIuntJ, FlofWo, IIIId beott. __ part;cuIactJ 4o.sC....d _ ,allows:
c:omm.._ ot the ~a.r...cuon of h NcwtII h of ... Sectioft '0 -.'0 .... the ~ Ri9ht-of.:..o, ...~....~.
South ,... OriweJIIIIcorN ~ per .... Plat IJoDIl f. ot Paee m. GIld the SOutMrtr ext...4iIM 01 1M .'
tamtt, ~ ..."....,. ~ _ ...... _ the plot of 0CfM BrACH. nA. -*'d ift Plat ... 2 at
Pot- " of !he PullIk: ____ of MGmi-Dod. CouIlt" F1arido; hnce M87J1'STl ... .... Notth '- vi ....
Sec:tioft to and Mid SouUt RIght-tlf-..., .... ,., 4I.at fed; bMmce S1r341'51"" ,.. 19.01 ,..c ___
sorot'10~ ,. 127.. .... \ID Ihe PGlNI' OF' IECINNfC; u.nc. S87'WD3-' for 3.00 '_I: U- 502"O"'0"t
,. .7.91 'Rt; ___ ~,.'t3"E ,.. 23.M r..t .. . point OIl the Souitl line o' Mid Lot 3..... IIciftg
....,_~ Paint '"A": ~ N8"J7'54~ ..... the s-u. ..,. of said Lot .1 for 71.35 feet: u..c. NOT'TO,""
,. &8.20 feet; ~ 58'7311'03'" for a5.2tS re.t 10 IIlc PCINT Of' IIECINNHJ.
/IMO
HINSON WEST PARKiNG PAflCEl
" DOI'tIon ., Lot 3. IIock I 01 SOUTH KACH PM<< 5U8OMSION, ~ ~ Plot Soak I. ot Page n. of the
Put.Iic __ ., ......-Dade ~. F1aoicIo, CWld being __ ~ desCI'lbcd .. foll_:
c:c..r- at ltNt GMwe-_1ioned .r..._ PWtt -It". ~ SeT.l1'54"W ... 1M South JiM of IIlIfcI Lot J
for 32.. '-t to Ole POwT Of' BEClNNINC; ltletloe H33"16'z.nr 'M 23.80 feet; tNMe N07,)1"10'" oIOn9 IIOid
~ erten.iall 01 .... EaItIettt BouncIcwr of Jeff_ .otwen... 'or 54.37 rut: U-- Sl7"JT54"W 'or 1lL28
fed; ~ S02'22'06"[ ,. &.29 fwd: thenc;e 58'737'54"" few I$JIO fed; u.r- ~'Y24E for 78JNI r.et \ID
o point OIl tile. sOuth ... of sufcI lot 3; u-e N87J7'54"E 0'-9 tho SDvlh line of 801cf LGt ;) 'VI" M.. '-t
to the POINt OF 1lECN~ .
SURVEYOR'S NOTES:
- n.;. .. !In 1ft SeCtillft '0. T.-.hilt 54 ScIu.... ROftge &2 East. cay vi IiIIottlI 8eadt. Ulo""-Dade C-t,.
f1orflfo
- ~ Nrwon ore ~ Ie 11ft -.mcd voIue of NI1'JI!I'S7"\: lor II1e ftottIt Ifte of said Section 10.
- lands __ hefwrl per tlacriplloft canlolnlnoJ '2.598 .... feet. or G.2M acra, __ or less.
- t.oIllB ___ ..... _ nat ~ lor _fIeIlt:. fUI1II/., lSgIQ-of...., of ~
- fh;s '- not . "Iolondooy s-o.," IIUt enIp a 9fOfIhIe ~ 0/1 .... .."".... ...... ......".
- o;m....... ...... __ _ .,.... 11ft "art:", ~. Skae.. -..eta , 200'0-011.
SURVEYOR'S CERTIFICATION:
I......, --, ltlIIt .... .,.... 01 D..~fs6,.." .. .... ~ I.APD~"'. ~
11ft ,......... 24, 2001. and ...... 1M IIInImwat TodlaicaJ as _ fwtfI .. tN
F10ftdli Boord vi ProII...:-G1 Sur".,.. and ....... in ChapW &IG'7-e. F1arido
AdmtIIln.~ Code. ..-t .. 5ectJoft 472.JJ2', FIoride StoIuleL
_ ..Id dhOllt the ......". IIftd .... ortgIftaI raised
.... .. . FlcriID ~ s.-.,or ... ..........
FOImN, lDIIr. SICUS. IfC.. UIJD3
8r.
........ Co ".-tift. "Of' the FIrm
~ ... ......-. lS285J
... '" ~
Dra_", DCf'JJi
c.& 110. 011362
_. UWJr. 20990-057
r DESCRIPT1ON, NOTES & CERTlFlCA 770Nl Dllto 9/24/01
:sc... ....r.s.
FORTIN, LEAVY. SKILES, INC. JoIa. 110. 011.162
CONSVI.'t11IG DIOlNDlRS. ~ AND JIAPI'DlS D.. 110. l001A-On
.10 ....... ItIlotl. ..... / ...... ~ .... ,... __
.... ... IS1 ... / ,. .,....,-n. aeet 1 01 .1
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FIRST STREET
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FORTIN, LEAVY, SKILEs. INC.
ctJNSUL'lDIC DlClNDRS. SURrn:YD1lS AND JlAPPERS
J" ~ J.... ...... / ... .... ...... n-wu. __
,.., ............ /,.." .__.-'118
1 Date 9/24/01
~ ,". 200'
10.. lID. 011362
".,.. /10. 100'A-017
Sb..c 2 01 J
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--- UJ > SOUTH
I tt <( POINTE k'
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,...., POINT OF - - _ I ..'
I~ (BISCAVNE J . . .
~~-~~. VENUE) .
f .......': ~ A . .
. fJIIlIlIl.Y, ....., . . _ _ _
'" ~ ..... 1IP'3II'lJ"l ....,. _ _ _ _ _ _ __ __
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. I (~~..-.~
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HINSON CAST
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SKETCH OF DESCRIPTION . 1 D.te 9/24 1
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FORTIN, LEAvY: S ](JLES, INC. .T911. No. 01l.'S62
CONSW.'I11fG orclNBCRS, SURtrBroRs ~ JlAPPlUlS II.. lOOlA-077
J. ......... '... IIIrwt ./ ....". ......, ..... ,.",., ._
"'" --~ ./ I!our ~-7I_ SfIee' .J ~ 3
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EXHIBIT "C"
LEGAL OESCRIPTION:
,A ........ fII Lot .J. IIadI . ., .sount 8fACH flMlC SU8IlMSION. -*" in f'W ... .. at .... T1 01 tile
P\Mc: ....... 01 ~ CauIltr'. FIotfda _ II pottron fII the NoI1h '3;l r... of Sediaft '0. T--.hi.. 54
..... ........ -I &.L
.... .. tile ~~ of the "-"'.Iille .. .... Sectfon 10 oIIG .... ... SouCh- RigIIt....-.., Iille ., SaI6
..... Drto.e ~ ~ .., .... Pr.t ...... &. .... 77). .... ... SouIheoir ........ fII the ~
........, ., ....,.,.... ~ .lNICI ~ ~. .. ao.a on 1M plat fII CJCtAN IDCH. FlA NC:OnIed lit
PIeI .. Z tit ...... ., eI .... ~ .... of IMmf Dolle c-.tr'. FIarilIII: ___ IIIP'JI"51'T .... ....
Netth Iille .. -'" SectiINt 10 tIftlI ...., SoutII 1IIghI-of~ II-. for 4U' feet; ___ $>>"3&'51'" for ,..02
fed: "*- sorD,"O-r fer '~7.11 fwt: __ S8T~rs4" lor .uJO '-'= u..- sonu',CI"'E: ,., _7" feat;
It.- SU'nYE Ivr u.se fed ... . paint on lIlC South lot<< ., -'d.1a 3; "-- S8T.lr54"'WaIant ....
s.ua. 1M of .. Lat 3 ,.,. J2.I8 fRt; ___ N3J"fI"23'W fcJr ueo re.t; __ N02"O"Unr olanl) IOId
~te........ 01 .... ~ RigIlt_.-woy IiM of .Ieft_ "".,.. for '''.3'1 fed to a. POttlI' OF
SURVEYOR'S NOTES:
- 1IW .... .. .. Sootian 10. T--.Np 54 SouUt. Range 42 Eclat. CIty of ...~ Beach. aIlomi-Dode Cavnty,
.......
- ....... .... .. ,.,.,.. to Oft assumed value .,r N87'J8'5rE 'lK lite Ncwth 1M of SGid Scctloot 10.
- lIIIld ...... __ c.ntarnrn, 7.502 ~ f.... or a.ln ocrea. mare or leSS.
- l..aftdlJ -'- __ ... not allctnlct8d ... eo__ flltid/or righb-oI-'"'F ., --.
- ,.... ill .... . ~ Seney- but om, a ....Ie crep;ctbo of lhc ~.
-'-' ~
- oam..""".. -'-" '-- _ -.d .. '.... lea\l)'. S1cites. ~ I 2CIOl0-olS1.
. SURVEYOR'S CERTIFICATION:
, ..... ~ ht ... ..... ", o-..~. __ rnada ....rcr "" '.-pll........ ~
... SefbmMI 24. 2G01. ..... ,.,... .... Mi""'-' TecMkal Standards ... .. f9rtfl ." !lie
F1oridO a..d flI ".,..Ilanal ~ ClrMI IlIapoJers in (:ftapter .'GI7-.. f'laIWo
...,..........-.4 Coda. ~ ... SfidIooI 472.027, F1aridcI !5latulea. .
"NIt wid ..... .... ....._ ... .... orftInaI raiMd
... of . FIoItda Uc.n.d Sunwww tIftlI MiIppet"
FORI1N, tSMf. SICUS. we.. l.8JI53
8y.
o.lieI Co ,..... ,., The FlnII
~ .... ........ lSZ85J
.... .. .......
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ZQ9IO-OS7
r DESCRIPTION, NOTES & CERTlFICA 11ON)
FORTIN, LEAVY. SKILES, INC.
CONSUl.1fN(; a:NCllIDRS, SURVlMJRS A/lD IaPI'DS
... --- .-. -.- / ~ ...., ...... "..,.. --
..... as .sa ._ / ,.. ~-11.
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o.u 1/24/01
N.r.$.
.loti. No. 011J62
- N''''OO',A-077-1
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Q
F1RST SfREET
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41,
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( LDeA TlON SKETCH
FORTIN. LEAVY: SKILES. INC.
CONSUl.'IlNG EM::lNl:ERs. st1llVBYORS AND IlAPPERS
,. ~ ...... -.- / ~ ...... ...... l'IoriM. .uta
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SOUTH
POINTE
DRIVE
--
(BISCAVNE
AVENUE)
N8T38'~7"E _ '= "" .;;;;; ~ ,,;;;~_ __
1M IR. -$01-41
-----;?~---
/'
/'
/' /' GRAPHIC SCAlE
. ... .
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1..-40 ft.
I
I ,...
t -..-
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10. w
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Ill. <(
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t BEGINNING
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SOU1H BEACH PARle SU8DMsIoN
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PlAT lOOK . PACt
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LEGEND:
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[ SKETCH OF DESCRIPTION
FORTIN, LEAVY. SKILES. INC.
CONSutffNr; EM:DIE1:RS. SVRV.rYORS AND IlAPPDS
.. ---- '..... -..-. / ...... ....., .... I'JIriI&. ._
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23.S8'
.1oio. No. 011362
".. No. lool,\-077-1
Slant 3 01 3
Exhibit "D"
Federal Triangle Parcel
For a Point of Reference commence at monument "c" as described in the Legal
Description for South Pointe Park, run thence along the northeasterly line of the U.S.
Corps of Engineers Reservation, North 650 32' 12" west, a distance of 151.63 feet, more
or less, to a steel pin set in concrete, designated monument "G"; thence run South 870
38' 37" West a distance of208.58 feet along the northeasterly Northwesterly boundary of
the U.S. Corps of Engineers Reservation to monument "West", having coordinates of X-
784,093.91 and Y-'521,966.52, said point being the Point of Beginning of the tract being
described herein.
From said Point of Beginning, run thence South 57041 '41" West, a distance of 226.20
feet to U.S. Corps of Engineers monument "Virgil", having coordinates ofX-783,902.72
and Y-521,845.63; thence continue South 57041 '41"West a distance of 4.0 feet, more or
less, to the face of an existing steel bulkhead and the approximate north shore of the
Entrance Chanhel to Miami Harbor; thence run Northwesterly along the north shore of
Miami Harbor on an approximate bearing of North 32005'08" West, a distance of 132.34'
more or less, to a point which lies South 87038'37" West, a distance of 265,09 feet from
monument "West"; thence run North 87038'37" East along the Northwesterly boundary
of the U.S. Corps of Engineers Reservation passing through a concrete monument
designated "F" at a distance of 121 feet, more or less, for a total distance of 265.09 feet to
monument "West", and the Point of Beginning.; also being described as follows:
A triangular portion of land lying and being in Section I 0, Township 54 South, Range 42
East, Miami-Dade County, Florida. Bounded on the North by the South line of Lot 3,
Block 8 of "South Beach Park Subdivision" Plat. Book 6, Page 77 Public Records of
Miami-Dade County Florida, Bounded on the West by the Biscayne Bay and Bounded on
the South by the North line of the Alaska Parcel, said Alaska Parcel being described as
follows:
For a Point of Beginning commence at a lO-inch-square concrete monument located on
the northerly boundary of the U.S. Army Corps of Engineers Reservation, being the
westernmost comer of Lot 6, Block 4, of South Beach Park Subdivision as shown in Plat
book 6, Page 77, of the public records of Miami-Dade County; said monument
designated "c" having grid coordinates of X-784,440.39 and Y-521,912.47. Said
monument also lies approximately South 24 degrees 27'26" West a distance of 592.30
feet South of and North 65 degrees 36'16'; East of a distance of 554.97 feet West of the
northeast comer of the northwest 1/4 of Section 10, Township 54 South Range 42 East.
From said Point of Beginning run thence South 24 degrees 25'50" West a distance of
420.43 feet, more or less, to the Mean High Water (M.H.W.) line of the northerly
shoreline of the "Government Cut" for the entrance channel of the Miami Harbor; thence
North 65 degrees 35' 19" West along'said M.H.W. line a distance of261.59 feet to a point
on a bulkhead; thence North 31 degrees 08'28" West along said bulkhead a distance of
242.83 feet to U.S. Army Corps of Engineers Monument "Virgil" having a grid
coordinate of X-783,902.72 and Y-521,845.63; thence North 57 degrees 41 '41" East a
;."-".
.
distance of 226.20 feet to Monument "West" having a grid coordinate of X-784,093.91
and Y-521,966.52; thence North 87 degrees 38'37" East a distance of 208.58 feet to
Monument "G"~ having a grid coordinate of X-784,302.32 and Y-521,975.14; thence
South 65 degrees 35~12" East a distance of151.63 feet to Monument "c' and the Point of
Beginning.
t..