95-21549 Reso
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RESOLUTION NO. 95-21549
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING
THE EXCHANGE OF PROPERTIES BETWEEN BELLE ISLE
ENTERPRISES AND THE CITY OF MIAMI BEACH;
APPROVING THE VACATION OF A PORTION OF
CENTURY LANE; WAIVING THE REQUIREMENTS OF
APPRAISALS AND BIDS IN CONNECTION WITH THE
EXCHANGE OF PROPERTIES, AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE ALL
DOCUMENTS NECESSARY FOR THE EXCHANGE OF
PROPERTIES.
WHEREAS, Belle Isle Enterprises (B.LE.) has requested that the City of Miami Beach
(City) vacate a portion of Century Lane in exchange for other, adjacent property owned by the B.LE.
on Century Lane in order for B.LE. to develop a townhome project on Belle Isle; and
WHEREAS, the City has agreed to the vacation of City property in exchange for B.LE.
property on Century Lane in consideration of the covenants and agreements contained in the
Exchange Agreement attached as Exhibit A.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section I.
That the City approves the exchange of properties and the vacation of a
portion of Century Lane, such properties legally described in the Exchange
Agreement attached.
Section 2.
That the Mayor and City Commission hereby declare that it is in the interest
of the public to waive the bidding and appraisal requirements of Ordinance
No.92-2783 in connection with the approval of the Exchange Agreement.
Section 3.
That the Mayor and City Clerk are hereby authorized to execute all
documents necessary for the exchan of properties.
PASSED and ADOPTED this 5th day of
~
ITY CLE
FORM APPROVED
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DIlle 'I- 1- ~f
ajd:belleex.res
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PROPERTY EXCHANGE AGREEMENT
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THIS AGREEMENT to be effective as ofthis '31 day of~ 1995
between the City of Miami Beach (the "City") and Belle Isle Enterprises, a Florida Joint
Venture (the "Developer").
WITNESSETH
Whereas the Developer intends to construct a condominium apartment building (the
"Project") on that certain property located on Belle Isle, Miami Beach, Florida as more
particularly described on Exhibit "A" attached hereto and made a part hereof ("Parcel A");
and,
Whereas to facilitate the construction of the Project, the Developer requested that the
City convey to the Developer a portion of the public street known as Century Lane as
more particularly described as "Parcel B" on Exhibit "B" attached hereto and made a part
hereof; and
Whereas in consideration of the conveyance of "Parcel B", the Developer has agreed to
convey to the City that certain property fronting on Century Lane more particularly
described as "Parcel C" on Exhibit "C" attached hereto and made a part hereof; and
Whereas as additional consideration for the conveyance of Parcel B, the Developer has
agreed, at no cost to the City, to (i) cause the relocation of those certain utility lines now
passing on, over or under Parcel "B" in the manner and to the extent as herein provided
and (ii) landscape and maintain in the manner and to the extent provided herein, two
parcels of property owned by the City abutting Century Lane as more particularly
described as "Parcel D-l" and "Parcel D-2" on Exhibit "D" attached hereto and made a
part hereof(the "Out-Parcel(s)"; and
Whereas the City approved the conveyance of Parcel B and Parcel C as provided herein
by Resolution Number , dated April 5, 1995;
95"2./ S"f9
Now therefore, for and in consideration of the sum often ($10.00) dollars and other good
and valuable consideration the receipt and sufficiency of which is hereby acknowledged
and in further consideration of the mutual covenants and obligations hereinafter set forth,
the parties do hereby agree as follows;
1. RECITATIONS. The foregoing recitations are true and correct.
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2. CONVEYANCE. Within thirty (30) days following the issuance of a Building
Permit by the City for the construction of the Project and subsequent to the demolition of
the present improvements on Parcel B (or earlier at the request of the City), the
Developer shall deliver to the City a properly executed Statutory Warranty Deed to Parcel
C and the City shall deliver to the Developer a properly executed Special Warranty Deed
to Parcel B, both of which may thereupon be recorded in the public records (the
"Exchange") ,
3, TITLE. Attached hereto and made a part hereof as Exhibit "E" is a title insurance
commitment issued by Attorneys Title Insurance Company for Parcel C in favor of the
City in the amount of $15,000. (the "Commitment"), the original of which shall be
delivered to the City simultaneous with the execution hereof Within thirty (30) days
following the recording of the deed for Parcel C the Developer shall deliver to the City an
Owners Title Insurance Policy (the "Owners Policy") consistent with and showing only
such exceptions as are contained in the Commitment.
4. SURVEY. The Developer shall cause to be prepared and delivered to the City
a survey of Parcel B and C showing no encroachments other than the such improvements
as may be associated with the residence presently situate on Parcel C.
5. COSTS. The Developer shall be responsible for and shall pay the following costs
and expenses in connection with actions and transactions contemplated hereunder:
a, All costs associated with the title search, preparation and issuance of the
Commitment and Owners Policy.
b. The cost of all documentary stamps and or other taxes imposed upon the
conveyances of Parcels Band C.
c. Preparation of the Surveys
Unless otherwise specifically provided herein all other costs and expenses shall be borne
by the party incurring same.
d. Those incurred pursuant to Paragraph 6 below.
e. Those incurred pursuant to Paragraph 7 below.
f Those incurred pursuant to Paragraph 11 below.
6, LANDSCAPING AND MAINTENANCE OF THE OUT-PARCELS. The
Developer shall at its sole cost and expense landscape and maintain Parcels D-l and D-2 in
perpetuity or until such obligation is earlier terminated by the City.
a. The landscaping shall follow and comply with a landscaping plan similar to
and consistent with the landscaping plan approved by the City for the Project and which
plan shall likewise be acceptable to the City, The property shall be kept and maintained in
a first class condition at all times commensurate with the standard to which the City
maintains other public park areas in the neighborhood including but not limited to the
obligation to replace trees and plantings as and when necessary.
b. In the event the Developer fails to maintain the Out-Parcels and the
landscaping along the northeast boundary of Parcel C as provided herein, the City shall
have the right upon fifteen (15) days notice to the Developer to enter upon such properties
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and to do such work and make such improvements as may be necessary to bring the Out-
Parcels to the standards required herein and to charge the Developer with the costs
therefore, Provided however that such costs to be charged to the Developer shall be the
actual costs expended by the City and shall not exceed the sum of $5000.00 in anyone
year.
c. The City shall have a lien against Parcel 1 for the sums so expended plus
the cost of enforcing same.
7. PAVING AND LANDSCAPING OF PARCEL C. Prior to the Recordation of
the Declaration of Condominium the Developer shall at it's sole cost and expense pave
Parcel C according to City standards and specifications for street paving and landscape
and maintain the northeast boundary of Parcel C abutting the adjoining property line,
Once paved by the Developer the City shall be responsible for the maintenance of the
paving on Parcel C.
8. COVENANT. This Agreement shall be and serve as a covenant running with the
land, binding upon the Developer and all successors in interest to Parcel A. This
Agreement shall be recorded in the public records prior to the recordation of the
Declaration of Condominium applicable to the Project (the "Declaration of
Condominium") and prior to the delivery and recording of a deed to any condominium
unit in the Project. In the event this Agreement is not recorded or the building permit
issued for the Project is not in effect three years from the date hereof this Agreement shall
terminate and be of no further force and effect except as to the Exchange for which deeds
have been delivered and recorded.
9. TAXES Subsequent to the exchange of properties provided above, the Developer
shall with the cooperation of the City take such action as shall be necessary to cause
Parcel C to be removed from the tax roles of Dade County and Parcel B to be included,
10. IMPROVEMENT BOND Prior to the Exchange, the Developer shall deliver a
performance bond (or at Developers option a cash bond) to the City acceptable to the City
in form and content in an amount equal to twice the cost of paving Parcel C which shall
remain in effect until completion of such paving.
11, UTILITIES. The Developer shall, prior to commencement of construction of the
Project, cause to be relocated and placed underground at no cost or expense to the City
the utility lines presently running through Parcel A from Venetian Way to the first utility
pole on the east side of Century Lane.
12. DOCUMENTATION. The parties hereto warrant and represent unto each other
that they and the individuals executing this Agreement and any documentation used to
effect the intent hereof have full right power and authority to enter into this Agreement
and to execute the documentation used herein on behalf of their respective party. Each
party shall execute and deliver to the other party such documentation as either party may
reasonably request from time to time to effect the terms and intent of this Agreement.
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13. ATTORNEY FEES. In the event either party brings an action to enforce this
Agreement, the prevailing party shall be entitled to recover all costs and reasonable
attorneys fees incurred in pursuing such action including costs and fees on appeal.
14, DECLARATION OF CONDOMINIUM. The Developer shall cause the
Declaration of Condominium to contain a provision reflecting this Agreement and
specifically the lien rights granted to the City herein and shall further require that the
annual budget for the condominium association contain a line item in an amount necessary
to insure maintenance of the landscaping required for the Out-Parcels.
15. CERTIFICATE OF USE AND OCCUPANCY. Notwithstanding the
condition of the project or the Developers right to the issuance of a Certificate of Use and
Occupancy for the Project, the City shall not be required to issue such certificate until the
Developer has delivered to the City a true and exact copy of the Declaration of
Condominium to be recorded containing the provisions required in Paragraph 13 above,
16 BINDING AGREEMENT. This Agreement shall be binding upon and shall inure
to the benefit of the parties hereto, their successors and assigns.
IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the
dates set forth below,
ATTEST:
City Clerk
State of Florida )
) ss:
County of Dade )
iff/emher-
of ,
who are
as
The foregoing instrument was acknowledged before me this I( tI1
1995 by
personally known to me or who have produced
identification, '. /J
~J;;j--f.JlA.4~)~O,/"/(I~ tl~ ' c h\f)
V ~~ry PubKc, State of Florida Lr1lrrVJ f!RJ)ucH/"r
OffICIAL NO~':ARY SEAL
LILLIAN ll,,!\UCl1AMP
NafARY PUBLIC STArE OF FLORIDA
COMMISSION NO. CCJ47B82
MY COMMISSION EXP. FE!), 13.1Q<),~
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Belle Isle Enterprises, a Florida Joint
Venture
B.
By:
Joint Venture Partner
State of Florida
)
) ss:
)
County of Dade
A-v,,{)Sl
The foregoing instrument was acknowledged before me this 1\ of ApRI,
1995 by V/C(DfL \A g~b')....->O who are
personally known to me or who have produced -re 0 ~.f\ -;> c-<,' vcl--'Y- as
identification.
FORM APPROVED
Upl Dept.
By :" 1.')\'\
Date t\ - '4- Lj )'
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PARCEL. C
This Is II dosCl1ptlon of . port 0' ConlulY Lano, as sold Lone Is lhovm on. Pial of BELte ISLE
VIlLAS, 0 subclM'lon ftcorood In Pial ~uOk 42, .t page D2 of tho publlo r.conb of Dido
Counly. MoMs, .
Commonce (P.o.C.) al th. NOrlhu$IGr1y cor~~r of lol4 of said $ubdlvlslon end run
11.45" 12' 44" W, Ilong tho SOI/.her1y nnl of Conlury LIllO, olong tho Horthortyllne of lot 4. a
dl5\aneo of 13.00 foe\ to tilt Pl)lol of Cucvlllure (p,c.) of I circular curvo concavo southerly an<A
having a radius of 30.00 feol; Iheneo nm Ooulhwcs\erly along Century Lene, through I cenlral
angle fo 40" 34' 00., II d1st8l1tO of 21.24 fe,llo thl Polnl of BoglMIng (P.O.B.) thence
conllnue along thllast monllonod C:OUl'st,lhrough a central angle of <(g" 2G' .00., I dlstance of
25.80 f.ot to the Northeasterly comer of Lot 6 of s.1d subdivision; thence run N. 48"18' 57" W.
along the Norther1y Pno of Lot 6, along tho Southerly line of Conlury Lano, II dlstanco of 17.115
101110 tho Soulhe..torty corner of lot 0 of ,old subdivision; Ihonet run N. 36' 20' 03. 1:. Ilong
tho E8SIOl1y Roo of Lol 0, along thl WeslOrly Une of Ce:\I\l1)' Lane, . dlslance of 24.00 reolto .
polnl; thonco run S. 45' 12' "4" E. along I Une paraUol With and 7.21 feat Southetty of the
P(olocUon W:"lot1y of Iho SOulhorfy IIno or Cenlury Lane, a distance of 31.92 foel to \h. Point 01
Goglnn/no (P.o.o.). . ,
Thll pin or Cenlury Llno doscrlbO<f OQnln/1I1 532 squRro flol. more or loss.
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PARCEL. 6
Thet pert of Lot o. DEue ISLE VILLAS, racurded In fll.. Book .42, AI pego 92 of tho publlO
"cotds of Oldl County, FIoddI d05cdbed III foUows: '
.
Comm.nce (P.O.C.) II tho GOuthl.stolly cornot of Lol4 fo lb. Dbovo refefOnced s\lbdMslon
and run N. 4$'12' 44- W. Ilong 1M Southorly line of Centul)' Lllno, llong the Northtdy Uno or
LoI 4, I dls18nct to 13,00 r"l 10. Polnl of Curvalln (P,C.) or I drcular curve concave
SoulhOrty and havfno I radius of 30.00 r,et; thence fUn 8, 44' 41' 10- W. . dlstanco or 7.21
'10110 · point: thenco Nn N, 45' 12' 4..' W. 8Cl'OSS Cenluty Lane, a d1sleneo or SMO feet to a
polnl on 1M Eactorly llno of Lot e of the .roreroferenced 5Ubdlv~ thonce run H. .cO. 10' 57-
W. Inlo Lot 0, a dIslaoce 0125.00 to.t; IhtnCI "'" N. 38- 2$' 03" E. a distance of 20.00 feol to
Ihe NOIthert)' IIn. of Lot 0: lhonct run N...8 16' 57" W. llong the NoMtrly In. of LOl e, .
dlstlnce of 26.00 foet 10 UIO NOfth.lster1y QOmor of 'lid Lot 0; thence run 8, 30' 20' 03" W.
along the Easterly line of Lot 0 or the Wt$lorlyllno of Century Lane, 8 distance fo 20.00 re.t 10
Ihe Point of aeglnnlng: No. dtS<:/1bed conltlns 60S Iquaro foet. moro or loss.
I HER[!BY CERTIFY: thai tlllt .k,Olch and tho Leoal OoscrlptJon aUachod and shown hor.on Is .
tNO and corred 10 Iho bost or,tny knOW1odoo ond belief IS rClC6nlly propared undor my dlroctlon.
ZurwoU..Whlltllkor, Inc.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 2(".,<(5 -q~
FROM:
Mayor Seymour Gelber and
Members of the City Commission
RogerM. cartto~
City Manager
DATE:
April 5, 1995
TO:
SUBJECT:
A RESOLUTION CONSIDERING THE EXCHANGE OF PROPERTIES
THAT WOULD INCLUDE VACATION OF A PORTION OF CENTURY
LANE IN BELLE ISLE, MIAMI BEACH, TO BELLE ISLE ENTERPRISES,
OWNER OF THE ABUTTING LOTS 4, 5 AND 6 OF THE BELLE ISLE
VILLAS SUBDIVISION, PLAT BOOK 42, PAGE 92 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, AND OTHER CONTIGUOUS
PROPERTY, IN EXCHANGE FOR AN ADJACENT PROPERTY IN LOT 6
OF THE BELLE ISLE SUBDMSION AS SHOWN IN THE ATTACHED
EXHIBIT A.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission authorize the exchange of
properties on Century Lane, Belle Isle, requiring the vacation of "Parcell" as shown on the
attached Exhibit A by the City to Belle Isle Enterprises, in exchange for "Parcel 2" as shown on
the same exhibit. The exchange should also require the following:
1. Underground placement of utility lines from Venetian Way to the first pole on the east
side of Century Lane.
2. Maintenance of two City tracts on either side of Century Lane at Island Avenue.
3. Provide and maintain a landscaped area at the North East boundary of Parcel 2 abutting
Lot 7, and pave the remainder of parcel 2 according to City Standards and Specifications for
Pavements.
BACKGROUND:
This item was presented previously on the February 15 Commission Meeting, as a request to
vacate a portion of Century Lane. A Resolution was adopted for referral to the Land Use
Committee and a public hearing was scheduled for the March 15, 1995 Commission meeting.
Following review of the request by Public Works and reconsideration by the developer and his
Architect/Engineer to maintain vehicular turnaround space on Century Lane, it was agreed that
AGENDA ITEM -&3...::.L
1.l-5- (12
DATE
. "
,. , J .
, .
,
COMMISSION MEMORANDUM
, Page 2
April 5, 1995
the request to be amended reflecting a property exchange together with the applicant's provision
of undergrounding overhead utilities, and landscaping with maintenance of the City property
on either side of Century Lane on Island Avenue,
The request for exchange of properties and waiver of the application fee was reviewed by the
Land Use and Development Committee on March 8, 1995. (See Item 2 of the attached minutes
of the said Committee meeting.)
ANALYSIS:
The applicant was required initially to pay as application fee, the assessed value of the City
property requested to be vacated, or a minimum of $5000.
When Belle Isle Enterprises, modified the request for vacation to reflect an exchange of
properties, they submitted to the Land Use Committee an analysis report of the properties being
exchanged prepared by Friedman and Company Inc. together with a request for waiving the $5000
fee, The comparative analysis report concluded that the two parcels are practically of equal value,
and the Land Use Committee voted to recommend in favor of the land exchange and waiving of
the $5000 fee.
CONCLUSION:
The Mayor and City Commission should authorize the vacation of Parcel 1 as shown in the
attached Exhibit A, in exchange for Parcel 2, shown on the same exhibit, with the following
requirements to be satisfied or committed to by Belle Isle Enterprises Inc. :
1. Underground placement of utility lines from Venetian Way to the first pole on the east
side of Century Lane.
2. Maintenance of two City tracts on either side of Century Lane at Island Avenue.
3. Provide and maintain a landscaped area at the North East boundary of Parcel 2 abutting
Lot 7, and pave the remainder of parcel 2 according to City Standards and Specifications
for Pavements.
Attachments
RMCNOAlDRlvgk
C:\WPWIN6O\WPDOCS\COMMEMOICENTLN, WPD
, '
,.. .'
~~t \ 6911 ~G 3173
95R365630 1995 SEP 08 11:22
PROPERTY EXCHANGE AGREEMENT
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f4-4'
THIS AGREEMENT to be effective as of this ::3 I day 0 il 1995
between the City of Miami Beach (the "City") and Belle Isle Enterprises, a Florida Joint
Venture (the "Developer").
WITNESSETH
Whereas the Developer intends to construct a condominium apartment building (the
"Project") on that certain property located on Belle Isle, Miami Beach, Florida as more
particularly described on Exhibit "A" attached hereto and made a part hereof ("Parcel A");
and,
Whereas to facilitate the construction of the Project, the Developer requested that the
City convey to the Developer a portion of the public street known as Century Lane as
more particularly described as "Parcel B" on Exhibit "B" attached hereto and made a part
hereof; and
Whereas in consideration of the conveyance of "Parcel B", the Developer has agreed to
convey to the City that certain property fronting on Century Lane more particularly
described as "Parcel C" on Exhibit "C" attached hereto and made a part hereof; and
Whereas as additional consideration for the conveyance of Parcel B, the Developer has
agreed, at no cost to the City, to (i) cause the relocation of those certain utility lines now
passing on, over or under Parcel "B" in the manner and to the extent as herein provided
and (ii) landscape and maintain in the manner and to the extent provided herein, two
parcels of property owned by the City abutting Century Lane as more particularly
described as "Parcel D-l" and "Parcel D-2" on Exhibit "D" attached hereto and made a
part hereof(the "Out-Parcel(s)"; and
Whereas the City approved the conveyance of Parcel B and Parcel C as provided herein
by Resolution Number , dated April 5', 1995;
'IS..z I ~t{-'t
Now therefore, for and in consideration of the sum often ($10.00) dollars and other good
and valuable consideration the receipt and sufficiency of which is hereby acknowledged
and in further consideration of the mutual covenants and obligations hereinafter set forth,
the parties do hereby agree as follows;
1. RECITATIONS. The foregoing recitations are true and correct,
1
, .'
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, "
m 16911 ~G 3174
2. CONVEYANCE. Within thirty (30) days following the issuance of a Building
Permit by the City for the construction of the Project and subsequent to the demolition of
the present improvements on Parcel B (or earlier at the request of the City), the
Developer shall deliver to the City a properly executed Statutory Warranty Deed to Parcel
C and the City shall deliver to the Developer a properly executed Special Warranty Deed
to Parcel B, both of which may thereupon be recorded in the public records (the
"Exchange") .
3. TITLE. Attached hereto and made a part hereof as Exhibit "E" is a title insurance
commitment issued by Attorneys Title Insurance Company for Parcel C in favor of the
City in the amount of $15,000. (the "Commitment"), the original of which shall be
delivered to the City simultaneous with the execution hereof Within thirty (30) days
following the recording of the deed for Parcel C the Developer shall deliver to the City an
Owners Title Insurance Policy (the "Owners Policy") consistent with and showing only
such exceptions as are contained in the Commitment.
4. SURVEY. The Developer shall cause to be prepared and delivered to the City
a survey of Parcel B and C showing no encroachments other than the such improvements
as may be associated with the residence presently situate on Parcel C.
5. COSTS. The Developer shall be responsible for and shall pay the following costs
and expenses in connection with actions and transactions contemplated hereunder:
a. All costs associated with the title search, preparation and issuance of the
Commitment and Owners Policy.
b, The cost of all documentary stamps and or other taxes imposed upon the
conveyances of Parcels B and C.
c. Preparation of the Surveys
Unless otherwise specifically provided herein all other costs and expenses shall be borne
by the party incurring same.
d. Those incurred pursuant to Paragraph 6 below.
e. Those incurred pursuant to Paragraph 7 below.
f Those incurred pursuant to Paragraph 11 below.
6. LANDSCAPING AND MAINTENANCE OF THE OUT-PARCELS. The
Developer shall at its sole cost and expense landscape and maintain Parcels D-l and D-2 in
perpetuity or until such obligation is earlier terminated by the City,
a. The landscaping shall follow and comply with a landscaping plan similar to
and consistent with the landscaping plan approved by the City for the Project and which
plan shall likewise be acceptable to the City. The property shall be kept and maintained in
a first class condition at all times commensurate with the standard to which the City
maintains other public park areas in the neighborhood including but not limited to the
obligation to replace trees and plantings as and when necessary.
b. In the event the Developer fails to maintain the Out-Parcels and the
landscaping along the northeast boundary of Parcel C as provided herein, the City shall
have the right upon fifteen (15) days notice to the Developer to enter upon such properties
2
, .'
~~~ I 6911 ;~ 3175
and to do such work and make such improvements as may be necessary to bring the Out-
Parcels to the standards required herein and to charge the Developer with the costs
therefore. Provided however that such costs to be charged to the Developer shall be the
actual costs expended by the City and shall not exceed the sum of $5000.00 in anyone
year.
c. The City shall have a lien against Parcel 1 for the sums so expended plus
the cost of enforcing same.
7, PAVING AND LANDSCAPING OF PARCEL C. Prior to the Recordation of
the Declaration of Condominium the Developer shall at it's sole cost and expense pave
Parcel C according to City standards and specifications for street paving and landscape
and maintain the northeast boundary of Parcel C abutting the adjoining property line.
Once paved by the Developer the City shall be responsible for the maintenance of the
paving on Parcel C.
8. COVENANT. This Agreement shall be and serve as a covenant running with the
land, binding upon the Developer and all successors in interest to Parcel A. This
Agreement shall be recorded in the public records prior to the recordation of the
Declaration of Condominium applicable to the Project (the "Declaration of
Condominium") and prior to the delivery and recording of a deed to any condominium
unit in the Project. In the event this Agreement is not recorded or the building permit
issued for the Project is not in effect three years from the date hereof this Agreement shall
terminate and be of no further force and effect except as to the Exchange for which deeds
have been delivered and recorded.
9. TAXES Subsequent to the exchange of properties provided above, the Developer
shall with the cooperation of the City take such action as shall be necessary to cause
Parcel C to be removed from the tax roles of Dade County and Parcel B to be included.
10. IMPROVEMENT BOND Prior to the Exchange, the Developer shall deliver a
performance bond (or at Developers option a cash bond) to the City acceptable to the City
in form and content in an amount equal to twice the cost of paving Parcel C which shall
remain in effect until completion of such paving.
11. UTILITIES. The Developer shall, prior to commencement of construction of the
Project, cause to be relocated and placed underground at no cost or expense to the City
the utility lines presently running through Parcel A from Venetian Way to the first utility
pole on the east side of Century Lane,
12, DOCUMENTATION. The parties hereto warrant and represent unto each other
that they and the individuals executing this Agreement and any documentation used to
effect the intent hereof have full right power and authority to enter into this Agreement
and to execute the documentation used herein on behalf of their respective party. Each
party shall execute and deliver to the other party such documentation as either party may
reasonably request from time to time to effect the terms and intent of this Agreement.
3
. '
. .
m 16911 PG 3176
.
13. ATTORNEY FEES. In the event either party brings an action to enforce this
Agreement, the prevailing party shall be entitled to recover all costs and reasonable
attorneys fees incurred in pursuing such action including costs and fees on appeal.
14, DECLARATION OF CONDOMINIUM. The Developer shall cause the
Declaration of Condominium to contain a provision reflecting this Agreement and
specifically the lien rights granted to the City herein and shall further require that the
annual budget for the condominium association contain a line item in an amount necessary
to insure maintenance of the landscaping required for the Out-Parcels.
15. CERTIFICATE OF USE AND OCCUPANCY. Notwithstanding the
condition of the project or the Developers right to the issuance of a Certificate of Use and
Occupancy for the Project, the City shall not be required to issue such certificate until the
Developer has delivered to the City a true and exact copy of the Declaration of
Condominium to be recorded containing the provisions required in Paragraph 13 above.
16 BINDING AGREEMENT. This Agreement shall be binding upon and shall inure
to the benefit of the parties hereto, their successors and assigns,
IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the
dates set forth below,
The foregoing instrument was acknowledged before me this ') tk of ~
1995 by
personally known to me or who have produced
identification. . . ~~..IU'~
~!~1u~c, State ofFlonda hlf,QN 73e(ja:h1"P
OFFICIAL NOTARY SEAL
LILLIAN BEAUCHAMP
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC347882
MY COMMISSION EXP. FEB, 13,1998
ATTEST:
State of Florida )
) ss:
County of Dade )
who are
as
4
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m \ 6911 ~G 3 \ 77
State of Florida
)
) ss:
)
County of Dade
Belle Isle Enterprises, a Florida Joint
Venture
By:
By:
Joint Venture Partner
,.tfv(.:,() > J
The foregoing instrument was acknowledged before me this .., , of A.pRI.,
1995by VL( \i)1l ~ ~ D.I)...W who are
personally known to me or wh~1i'~ produced ~ '^-^-~> Q 1V6v) as
identification,
FORM APPROVED
Legal DepL
By :' ~/i\)
Date 1..\- ~- ~ 5
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This Is I cfosct1pl1on or I pBlt or ConlllIY Lena, as sDId Lolle Is lhoYm on I Plat of BELLE ISLE
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cont"'u. along thl last monllonod c.oum, through . cenltal angle of "D' 26' .00', a dlslance or
25.110 r'0110 tho NOllh.lI5tel1y comet of Lot 6 or .eld subdivision; thence rull N. 4a'10' 57. W.
Ilong the Northerty Ir.o of Lot 6. aloo~ lho Southerly IIna of Cenlury Lane, a dlstanco of 17.D5
'.et 10 tho Southe..lor1y comet or Lot G of uld subdivision; Ihonco I\In N. 38' 28' 03' C. Ilong
Iho EaSIOl1y Roo or Lot O. along thl WoslOrly Un. of Ce:llllt')' Lane, a dlslanee of 24.00 f.elto I
polnl: !hon\:G run S. .W 12' ,W E. elong a nne paraUol Wllh and 7.21 fe.I SOUlhOl1y of tho
proJoctJon WUlorty 01 Iho Soulhorly IIno of Cenlut')' Lane, I dl~l.nco of 31.92 foet 10 \h. Polnl oJ
Doglr.nlng (P.O.OJ. '
Thll par1 or Ceol~t')' llno doSCl1bod conlnllls 532 &qUllto rlol. more or loss.
PARCEL. a
That Part 01 LoI 0, DEUe ISle VILLAS, racunred In f'llt Book "2, RI pego 92 of tho pubDO
records of Old. Counly, Floddl doserlbed .. foUOW$; ,
.
Comm.nce (p.O.C.) It tho Goutheestofly corno' of Lol4 fo th. llbovo loferonced slIbdlvlslon
and Nn N, 4S' 1% ..... W, llong tht Southor\y ane of Cenlury Llno, llong the Northerty Uno of
10I 4, . dlstllnce to 13,00 'eel 10 I Point of Curvaturo (P,C.) of . circular curv. concav.
SoulhOI1y Ind havtng I radius of 30.00 ,..I; thenc;e run S. 4<4' 47" 10- W, . dtslaneo of 7.21
'IOt10 I point: thence nm N. "5'12' ..... W, IC(OSS Century Lan.. I distance 01 5'''0 feet 10 a
polnl on the Eastorty IIno of lot' of lha .foraroftrenced aubdlvlson: th.nce nm N. .cO' 10' 57'
W. Into lot 8, . cIlslanct 0125.00 fo.I; thtnCI "'" N. 3" 2$' 03- E. a dlstance of 20.00 'eot 10
the NOI1heIfy Un. of LoI 0: thonct ru" N.... ie' sr W. along the Noc1htrt)' In. of Lot e, I
dlstlnce of 25,00 foot 10 U.. NCHth..lletly comor of IIId Lot 8: thence Nfl 8, 38. 20' 03' W.
along the EaslerlJ ftne of LoI e or lilt Wellorl)' linG or Conlury Llno, a dlsteneo fo 20.00 f..llo
Ihl Point or Beginning: Not d.1CtIbOd contaIns 805 ~ulro 'oe" more Ot loss.
I HER[!BY CERTIFY: \hat Ihe .ketch .nd tho l'ool OoscrfpUon DlIochod and shown horeon Is .
lruo Ind eofToct to 1"0 bosl or roy knOWfodoo and benef IS loconlly pc'oparcd undor my dlroctlon.
Zurwon'.Whllllkot, Inc.
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RESOLUTION NO. 95-21549
A RESOLUTION OF THE MA YORAND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING
THE EXCHANGE OF PROPERTIES BETWEEN BELLE ISLE
ENTERPRISES AND THE CITY OF MIAMI BEACH;
APPROVING THE VACATION OF A PORTION OF
CENTURY LANE; WAIVING THE REQillREMENTS OF
APPRAISALS AND BIDS IN CONNECTION WITH THE
EXCHANGE OF PROPERTIES, AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE ALL
DOCUMENTS NECESSARY FOR THE EXCHANGE OF
PROPERTIES.
WHEREAS, Belle Isle Enterprises (B.LE,) has requested that the City of Miami Beach
(City) vacate a portion of Century Lane in exchange for other, adjacent property owned by the B.I.E.
on Century Lane in order for B.LE. to develop a townhome project on Belle Isle; and
WHEREAS, the City has agreed to the vacation of City property in exchange for B.LE.
property on Century Lane in consideration of the covenants and agreements contained in the
Exchange Agreement attached as Exhibit A.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1.
That the City approves the exchange of properties and the vacation of a
portion of Century Lane, such properties legally described in the Exchange
Agreement attached.
Section 2.
That the Mayor and City Commission hereby declare that it is in the interest
of the public to waive the bidding and appraisal requirements of Ordinance
No.92-2783 in connection with the approval of the Exchange Agreement.
Section 3.
That the Mayor and City Clerk are hereby authorized to execute all
documents necessary for the exchan of properties,
PASSED and ADOPTED this 5th day of
ATTEST:
~
FORM APPROVED
Lep1 Dept.
By -:r c.o>
Date ..,. \. {S'"
a:jd:betleex.res
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~t~ \ 69 1 '1:~G'3182
MIAMI BEACH
.
'CITY OF
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ""2 ~/? g -CZ-~
FROM:
Mayor Seymour Gelber and
Members of the City Commission
Roger M. carlto~
City Manager
DATE:
April 5. 1995
TO:
SUBJECT:
A RESOLUTION CONSIDERING THE EXCHANGE OF PROPERTIES
THAT WOULD INCLUDE VACATION OF A PORTION OF CENTURY
LANE IN BELLE ISLE, MIAMI BEACH, TO BELLE ISLE ENTERPRISES,
OWNER OF THE ABUTTING LOTS 4, 5 AND 6 OF THE BELLE ISLE
VILLAS SUBDIVISION, PLAT BOOK 42, PAGE 92 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, AND OTHER CONTIGUOUS
PROPERTY, IN EXCHANGE FOR AN ADJACENT PROPERTY IN WT 6
OF THE BELLE ISLE SUBDIVISION AS SHOWN IN THE ATTACHED
EXlDBIT A.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission authorize the exchange of
properties on Century Lane, Belle Isle, requiring the vacation of "Parcel 1 II as shown on the
attached Exhibit A by the City to Belle Isle Enterprises, in exchange for "Parcel 2 II as shown on
the same exhibit. The exchange should also require the following:
1. Underground placement of utility lines from Venetian Way to the first pole on the east
side of Century Lane,
2. Maintenance of two City tracts on either side of Century Lane at Island Avenue,
3. Provide and maintain a landscaped area at the North East boundary of Parcel 2 abutting
Lot 7, and pave the remainder of parcel 2 according to City Standards and Specifications for
Pavements.
BACKGROUND:
This item was presented previously on the February 15 Commission Meeting, as a request to
vacate a portion of Century Lane. A Resolution was adopted for referral to the Land Use
Committee and a public hearing was scheduled for the March 15, 1995 Commission meeting.
Following review of the request by Public Works and reconsideration by the developer and his
Architect/Engineer to maintain vehicular turnaround space on Century Lane, it was agreed that
AGENDAITEM~
DATE ~ -5-1.2
'I. t I ..
~~t' 1591111 PC 3183
Page 2
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COMMISSION MEMORANDUM
April 5, 1995
the request to be amended reflecting a property exchange together with the applicant's provision
of undergrounding overhead utilities, and landscaping with maintenance of the City property
on either side of Century Lane on Island Avenue.
The request for exchange of properties and waiver of the application fee was reviewed by the
Land Use and Development Committee on March 8, 1995. (See Item 2 of the attached minutes
of the said Committee meeting.)
ANALYSIS:
The applicant was required initially to pay as application fee, the assessed value of the City
property requested to be vacated, or a minimum of $5000.
When Belle Isle Enterprises, modified the request for vacation to reflect an exchange of
properties, they submitted to the Land Use Committee an analysis report of the properties being
exchanged prepared by Friedman and Company Inc. together with a request for waiving the $5000
fee. The comparative analysis report concluded that the two parcels are practically of equal value,
and the Land Use Committee voted to recommend in favor of the land exchange and waiving of
the $5000 fee,
CONCLUSION:
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The Mayor and City Commission should authorize the vacation of Parcel 1 as shown in the
attached Exhibit A, in exchange for Parcel 2, shown on the same exhibit, with the following
requirements to be satisfied or committed to by Belle Isle Enterprises Inc, :
1. Underground placement of utility lines from Venetian Way to the first pole on the east
side of Century Lane.
2. Maintenance of two City tracts on either side of Century Lane at Island Avenue,
3. Provide and maintain a landscaped area at the North East boundary of Parcel 2 abutting
Lot 7, and pave the remainder of parcel 2 according to City Standards and Specifications
for Pavements.
Attachments
RMCNOAIDR/vllk
C:\_WPDOCS\COMMEMOICENTLN.WPD
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CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
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98 ;:]'1-5 fH 8: \ 3
MEMORANDUM
TO: Mayor Neisen Kasdin
FROM: Raul J. Aguila ~ C\O--
First Assistant City d.ttorney
SUBJECT: Vacation of a Portion of Century Lane in Favor of Belle Isle Enterprises for The
Vistas Project
DATE: June 4, 1998
The above-referenced vacation was approved by the Mayor and City Commission on April
5,1995, pursuant to Resolution No. 95-21549. Concurrent with the approval, the Mayor and City
Clerk executed a Property Exchange Agreement (Agreement), effectuating the terms of said
vacation. The Administration and I have been meeting with Mr. Rick Young, on behalf of Belle Isle
Enterprises (Belle Isle), regarding the satisfaction of all conditions precedent leading up to the
execution of the attached Warranty Deed (effectuating the City's vacation of a portion of Century
Lane) (parcell). Simultaneous with the City's execution of the aforestated Deed, the developer shall
execute a Deed, in favor of the City, for an adjacent property in Lot 6 of the Belle Isle subdivision
(Parcel 2).
Pursuant to the Property Exchange Agreement the following conditions have been satisfied:
I, Belle Isle issued a Title Insurance Commitment issued by Attorney's
Title Insurance Company for Parcel 2, in favor ofthe City, in the
amount of$15,000. Within thirty (30) days following the recording
of the Deed for Parcel 2, Belle Isle shall deliver to the City the
Owner's Title Insurance Policy consistent with the commitment.
2. Belle Isle has prepared and delivered to the City the required surveys
of Parcels 1 and 2. Said surveys have been reviewed and accepted by
Gary Kokorian of the City's Public Works Department.
3. Belle Isle agreed to provide and maintain a landscaped area at the
northeast boundary of Parcel 2, and pave the remainder ofParce12,
according to City standards and specifications for pavements. The
landscaping plan has been reviewed and accepted by Charles Buckles
of the City's Planning and Zoning Department. Pursuant to the
'. ,
Agreement, which has been recorded in the Public Records of Miami-
Dade County, Belle Isle shall be responsible for maintaining said
landscaping in perpetuity. Belle Isle has also completed then paving
of Parcel 2, and is required to maintain that as well.
4. As stated, the Property Exchange Agreement shall be and serve as a
Covenant Running with the Land, and has accordingly been recorded
in the Public Records of Miami-Dade County, prior to the recordation
of the Declaration of Condominium applicable to the Project (The
Vistas).
5. Belle Isle has relocated and undergrounded, at no cost or expense to
the City, the utility lines presently running through Parcell, from
Venetian Way, to the first utility pole on the east side of Century
Lane.
6. The Declaration of Condominium applicable to The Vistas Project
contains a provision reflecting the Property Exchange Agreement,
and specifically the lien rights granted to the City therein, and further
requires that the annual budget for the condominium association
contain a line item and an amount necessary to ensure maintenance
of the landscaping required for the out parcels.
Accordingly, in satisfaction of the above-referenced conditions precedent, please execute the
attached Warranty Deed effectuating the vacation of a portion of Century Lane, and conveying
Parcell to Belle Isle. Concurrent with the City's delivery ofthe executed Deed for Parcell to Belle
Isle, Belle Isle shall deliver its executed Deed for Parcel 2 to the City. Within thirty (30) days
following the recording of the Deed for Parcel 2, Belle Isle shall also deliver the Owner's Title
Insurance Policy to the City.
Should you have any questions or comments regarding the above, please do not hesitate to
contact me.
RJAIkw
F:\A TTO\AGUR\MEMOS\BELLEISL.NK
cc: Robert Parcher, City Clerk
2
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AICHAEL BEDZOW
,ARY A, KORN
,ARY L. BROWN
'AUL R. LIPTON
AICHELE A, MARACINI
ENNIFER LEVIN
'LORENTINO L. GONZALEZ
ACQUELlNE SCHNEIDER
'ERI L. DI GlULlAN
:COTT A. LEVINE
,OBIN I. WILLNER
BEDZOW, KORN, BROWN & ~ON, P.A.
ATTORNEYS AT LAW
SUITE 200
20803 BISCA YNE BOULEVARD
AVENTURA, FLORIDA 33180
TELEPHONE (305) 935-6888
REPLY TO:
P,O, Box 8020
HALLANDALE, FLORIDA 33008
..' OUTSIDE DADE
iO -L.t
(800) 935-6889
TELECOPIERS:
MAIN
REAL ESTATE
LITIGATION
(305) 936-9502
(305) 932-6043
(305) 936-2795
June 4, 1998
Via Hand Delivery
Raul Aguila
First Assistant City Attorney
City of Miami Beach
City Hall, 4th Floor
1700 Convention Centre Drive
Miami Beach, FL 33139
Re: Property Exchange Agreement ("Agreement") between the City of Miami Beach
and Belle Isle Enterprises, a Florida Joint Venture
Our File No. 3570.0000
Dear Raul:
Per your request, I am enclosing herewith, a Warranty Deed to be executed by the Mayor
and City Clerk of the City of Miami Beach in favor of Belle Isle Enterprises. It is my
understanding that you will be obtaining the signatures required. Please note that the deed
requires attestation by two witnesses and must be properly notarized.
Please advise wether any of the deeds being executed in connection with the Property
Exchange Agreement are exempt from documentary stamp taxes. In any event, please advise if
you foresee any problems with recording the deeds.
Thank you for your cooperation.
FLG/ar
cc: Gary A. Korn, Esq.
Rick Young (via facsimile)
FLG\35 70, 0000\ I 09003 ,03,3/26/1998
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This document prepared by and return to:
->
FLORENTINO L. GONZALEZ, ESQ,
BEDZOW, KORN, BROWN, WOLFE & LIPTON, P,A.
Suite 200
20803 Biscayne Boulevard
Aventura, Florida 33180
Mailing Address:
P.O. Box 8020
Hallandale, Florida 33008-8020
Phone: (305) 935-6888 (Dade)
(954) 523-6001 (Broward)
Fax No. (l05) 936-9502
(Reserved for Use by the Clerk)
WARRANTY DEED
THIS WARRANTY DEED is made this~1ay of OU-wL, 1998, by CITY OF MIAMI BEACH, as "Grantor", and BELLE ISLE
ENTERPRISES, Florida joint venture, whose post office ad~35 Euclid Avenue, Villa 10 1, Miami Beach, Florida 33139 as "Grantee".
(Wherever used hereill, the terms "Grall/or" and "Gralllee" include all the parties to this instrument alld the heirs, legal
represell/atil'es alld assigns of individuals, alld the successors and assigllS of corporatiolls or other elllities.)
WITNESSETH:
That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations in hand paid
to Grantor by the Grantee, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release,
convey and confirm unto the Grantee the following described real property, and rights and interest in real property located and situated in the
County of Dade and Jt,a:e _O.f,F~\ida, legally described within Exhibit "A" attached hereto and by this reference made a part hereof.
FolioNo.~
This conveyance is subject to the following:
1. Real estate (axes for the year 1998 and subsequent years.
2. Zoning restrictions, prohibitions and other requirements imposed by governmental authority.
TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in any way appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
The benefits and obligations hereunder shall inure to and be binding upon the heirs, executors, administrators, successors and assigns
of the respective parties hereto. The Grantor does hereby fully warrant the title to all the premises hereby conveyed, and will defend the same
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed by its proper officer thereunto duly authorized, and
its seal affixed, the day and year first above written.
CITY OF MIAMI BEA~~;h
By: !/!! 1
, MAYOR
By:
~t ~Q,L~YCLERK
Print Name:
-off ,'\ 1
Print Name: C A::..1..t- s. fb t4)
Address: 1701 Convention Center Drive
Miami Beach, FL 33139
FLG\3570.0000\107284-2127/1998
BEDZOW, KORN, BROWN, WOLFE & LIPTON, P.A., AVENTURA, FLORIDA. (305) 935.6888
M^lIltJr. ^l"\l"\nr<;<; .. p n Any AO"'l() H^ll ^~HHl r r-l nnln^ 11n('lQ R()?()
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The execution of the foregoing instrument was acknowledged before me this" day of ~, 1998 by ~ / ,~
, as Mayor of CITY OF MIAMI BEACH, for and on behalf of the City, who provide;( (/ as identification or
who is personally known to me and who did not take an oatIl.
My Commission Expires: ~ d I ,. /1 J ,rtJ... . ~ J -
N~tYot~J
L / I IJ' QtJ 7)p ooc-hQ I--{ /J
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STATE OF FLORIDA
COUNTY OF DADE
OFFICIAL NOTARYSEAL
1.IL1.JAN BEAUCHAMP
NOTARY PtJllI,lC 51 ATE OF FLOR IDA
COMMISSION NO. CC738372
MY COMMISSION EX!', APR. 29,2002
STATE OF FLORIDA
COUNTY OF DADE
)
) S5:
)
Print
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) 55:
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The execution of the foregoing instrument was acknowledged before me this.s day of~, 1998 by
, as City Clerk of CITY OF MIAMI BEACH, for and on behalf of the City, who provided
or w~js personally known to me and who did not take an oath.
My Commission Expires:
OFFICIAL NOTARYSF.AL
LILLIAN BEAUCHAMP
NO"fARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC738372
MY COMMISSION EXP. APR, 29.2002
Rc.,her-T {Jrrw
as identification
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N tar ~ f Florida ~
Print L, /IJ' QN 3LA()c..~q~
FLG\3570.0000\107284-2/27/199B
BEDZOW, KORN, BROWN, WOLFE & LIPTON, P.A., AVENTURA, FLORIDA. (305) 935-6888
MAli'"'''' ^nnnF~O::: . P n Rr\Y An?" H^I I Mtr'l^' ~ 1=1 "nln... '11()()Q ~n')n
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EXHIBIT "A"
That part of Lot 6, of BELLE ISLE VILLAS, according to the plat thereof recorded in
Plat Book 42, at Page 92, of the Public Records of Dade County, Florida; being more particularly
described as follows:
Commence (P.O.C.) at the Northeasterly corner of Lot 4 of said Belle Isle Villas, thence
run N450 12' 44"W, along the Southerly line of Century Lane and along the Northerly line of
said Lot 4, for a distance of 13.00 feet to a point of curvature (P.C.) of a circular curve concave
Southerly and having a radius of30.00 feet; thence run S440 47' 10"W, a distance of7.21 feet to
a point; thence run N450 12' 44", across Century Lane, a distance of 51.40 feet to a point on the
Easterly line of said Lot 6; thence run N480 16' 57"W, into said Lot 6, a distance of 25.00 feet;
thence run N360 26' 03"E, a distance of20.00 feet to the Northerly line of said Lot 6; thence run
S480 16' 57"E along the Northerly line of said Lot 6, a distance of 25.00 feet to the Northeasterly
corner of said Lot 6; thence run S360 26' 03"W, along the Easterly line of said Lot 6 and along
the Westerly line of Century Lane, a distance of26.00 feet to the Point of Beginning.
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
June 10, 1998
Telephone: (305) 673-7470
Telecopy: .gDS) 673-7002
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VIA FACSIMILE (305) 936-9502
Florentino Gonzalez, Esq.
Bedzow, Kom, Brown, Wolfe and Lipton, P,A.
20803 Biscayne Boulevard, Suite #200
Aventura, Florida 33180
Re: Property Exchange Agreement between City of Miami Beach and Belle Isle
Enterprises (The Vistas Project)
Dear Mr, Gonzalez:
I am confirming our telephone conversation yesterday wherein you correctly informed me
that, Exhibit A of the above-referenced Property Exchange Agreement (Agreement) erroneously
references the legal descriptions for Parcels B and C. I agree with you that the legal description set
forth for Parcel C, should in fact be the legal description for Parcel B, and vice versa. As you will
note, at some point the Agreement correctly referenced the legals for Parcels B and C, but someone
scratched out the correct designations and hand wrote incorrect designations for said Parcels.
Accordingly, please proceed to record the respective Warranty Deeds for Parcels Band C,
as submitted to you earlier, with the correct legal descriptions. Additionally, since you also informed
me that the surveyor corrected a minor error in the legal descriptions for Parcels B and C, please
provide me not only with the revised legal descriptions (as a partially revised Exhibit A to the
Agreement), but revised surveys (as required for Parcels B and C pursuant to Paragraph 4 of the
Agreement).
Since the Agreement has already been recorded for some time, I will prepare and record a
corrective instrument, reflecting a revised Exhibit A, and memorializing the correct legal
descriptions for Parcels B and C.
Again, please provide me with the revised legal descriptions and surveys at your earliest
convenience, as well as certified copies of the recorded Deeds for Parcels B and C. Additionally,
I trust that the owners Title Insurance Policy for Parcel C shall also reflect the corrected legal
description.
1700 Convention Center Drive - Fourth Floor - Miami Beacb, Florida 33139
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Florentino Gonzatez, Esq.
Belle Isle Enterprises
June 10, 1998
Page 2
Thank you for your professional courtesy in advising me of this error.
J2.J;~' ~
RaulJ.AgUi~ ~
First Assistant City Attorney
cc: HlI!fY S. Mavrogenes, Assistant City Manager
~ert Parcher, City Clerk
Julio Grave de Peralta, Engineering and Construction Management Director
R1AIkw
F,lArTOIAG\JR\LETTERSlVlSTAERR.FG
OFFICE OF THE CITY ATTORNEY .1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
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FROM THE DESK OF
ROBERT E. PARCHER
CITY CLERK
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