Resolution 80-16497 RESOLUTION NO. 80-16497
AUTHORIZING THE MAYOR AND THE CITY CLERK
TO EXECUTE A DEED OF A CERTAIN PORTION
OF COLLINS AVENUE ORIGINALLY DEDICATED
ADJACENT TO THE EAST BOUNDARIES OF LOTS
4 AND 5, BLOCK 4, AMENDED PLAT OF MIAMI
BEACH IMPROVEMENT COMPANY ' S OCEAN FRONT
PROPERTY SUBDIVISION; ACCEPTING A PORTION
OF THE OUTLOTS ADJOINING COLLINS AVENUE LYING
WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF
THE PROPERTY OF THE MIAMI BEACH IMPROVEMENT
COMPANY.
WHEREAS, for the reaAi ons more particularly set forth
in Commission Memorandum No. d 7 Sr- , the City Commission of
the City of Miami Beach deems it in the best interest of the
City to execute the Deed attached hereto and marked Exhibit
1 and accept that the Deed attached hereto and marked Exhibit 2;
and
WHEREAS, the City Manager has recommended that the
City execute and accept said Deeds and the City Attorney has
approved same as to form and legal sufficiency; and
WHEREAS, the grantee of the parcel of land described
in Exhibit 2 has agreed to certain conditions more clearly
described attached letter dated December 15, 1980
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
Mayor and City Clerk by and they are hereby authorized and
directed to execute the Deed in the form attached hereto
and marked Exhibit 1, subject to the conditions described
in the attached letter dated December 15, 1980 , and accept
the Deed in the form attached hereto and marked Exhibit 2 .
PASSED AND ADOPTED this 17th day of December , 1980.
Mayr
Attest:
5211(iLe-at-t-vo-
City Cle
FORM APPROVED
LE DEPT.
Lik
BY ,` �•
Date_1
LTA/mp
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH.FLORIDA 33139
;FIV r)
Tomca Investments N.V. , Inc. '80 PEC 15 I►H424
CIT Y MANAGUA'S OFFICL
December 15, 1980
City of Miami Beach
Office of the City Manager
City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: Proposed Landscape Plan for
Surfside Plaza Property
Dear Sir:
This letter will confirm that Tomca Investments, N.V. , as well as its
successors and assigns, hereby agree and make the commitment to the City
of Miami Beach, to perform all of the proposed landscaping requirements
set forth in the proposed landscape plan for: Surfside Plaza Property,
Miami Beach Drive, prepared by the City of Miami Beach, D. Turner, November,
1980, a copy of which is attached hereto. The landscaping requirements
shown thereon include construction of concrete walkways, interlocking
pavement, planters, landscaping treatment, numerous palm trees, benches,
and illumination for the area along Miami Beach Drive, adjacent to the
Surfside Plaza Property. Additionally, the strip of land which lies
between the western boundary of Collins Avenue and Lake Pancoast has been
conveyed to the City of Miami Beach by Tomca Investments, N.V. (or is
being conveyed to the City of Miami Beach simultaneously with this letter)
and the Grantor, its successors and assigns shall perform the landscaping
required in the proposed Landscape Plan as described herein, including
planting of trees, construction of benches, etc.
These landscaping obligations include the perpetual continued maintenance
of the proposed landscaping, including sprinkler systems as required, by
Tomca Investments, N.V. , its successors and assigns. Final construction
drawings detailing these improvements to the area along Miami Beach Drive
and the outlots between Collins Avenue and Lake Pancoast shall be submitted
to the City Planning Division for review and approval prior to the issuance
of a building permit. Any changes from the plan set forth in the proposed
landscaping plan shall only be made upon approval by the City of Miami Beach.
Furthermore, landscaping of the Surfside Plaza Property adjacent to Miami
Beach Drive and Collins Ave. will be integrated with the proposed landscaping
plan for Miami Beach Drive and the other areas described herein.
SUITE 218. INTERCONTINENTAL BANK BUILDING.
3899 NW 7 STREET. MIAMI. FLORIDA 33126. TELEPHONE(305)642-8220 8. 642-8221. TELEX 51-8863. CABLE DISI.
Wim'' •
Tomca Investments N.V. , Inc.
December 15, 1980
RE: City Of Miami Beach
Page 2
Additionally, Tomca Investments, N.V. as well as its successors and assigns
shall be responsible for and shall pay all costs and expenses relating to
the relocation of utilities existing on the Surfside Plaza Property. The
existing sewer line will be relocated to the ten foot easement located
parallel to the east side of Collins Avenue and the West boundary of the
Surfside Plaza Property (as described by the Quit Claim Deed from the City
of Miami Beach to Tomca Investments, Inc. ) . This relocation of utilities
obligation is also set forth in the Quit Claim Deed from the City of Miami
Beach to Tomca Investments, N.V.
Very truly yours,
' 1 '7/ '-' /// lif
Jo ge A. Fernandez
Managing Director
JAF:zi
SUITE 218. INTERCONTINENTAL BANK BUILDING.
3899 NW 7 STREET. MIAMI, FLORIDA 33126. TELEPHONE(305) 642-8220 8 642-8221. TELEX 51-8863. CABLE DISI.
.
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CITY OF MIAMI BEACH/D. TURNER
OCTOBER 16, 1980
Planting Guidelines for Miami Beach Drive
The Planting along Miami Beach Drive must maintain a sense of continuity and
consistency both as it occurs on Miami Beach Drive and its continuation along
the future Beachfront Park.
The fol?o-.aing. list of plant material has been subdivided to present: (1) Those
materials which are highly recommended for inclusion as the common, unifying
materials, (2) a suggested but not inclusive list of those materials which could
be employed as variety.
Bucida buceras shall be the most commonly used street tree, with Swietenia
mahogoni as a 2nd choice.
Palms and lush tropical plantings are encouraged to uphold the natural character
of southern Florida's environment in the landscaped areas.
40% of the palms shall be derived from the unifying palm category.
50% of the shrubs shall be derived from the unifying shrubs category.
60% of the ground cover shall be derived from the unifying ground cover- '
category. '
PLANT ?.i., . i'.12< .I.. ;1 i .. ':Cif 1 .[VE
• City of Miami Turnc!r
October 7, 1980
PALMS - UNIFYING - Cocos Nucifera "Green Malayan" - 1st choice
- Sabal palmetto - 2nd choice
- VARIETY - Chamaerops humilis
- Chrysalidocarpus lutescens
- Paurotis wrightii
- Phoenix canariensis
_ - Phoenix roebelenni
- Ptychosperma elegans
- Rhapis excelsa
- Roystonea elata
- Trachycarpus fortunei
Washingtonia robusta
•
TREES - UNIFYING . - Bucida buceras - 1st choice
- Swietenia mahogoni - 2nd choice
VARIETY - Brassia actinophylla
- Callistemon spp.
- Calophyllom inophyllum
•
- Citris spp.
- Clusia rosea
- Cocoloba unifera
- Conocarpus erecta
- Delonix regia
- - Ficus attissima, benjamina, elastica, lyrata
- Mangitera indica
- Pongamia pinnata
•
•
- Quercus spp.
• - Tabebuia argentea, pallida
SHRUBS - - UNIFYING - Carissa spp. - 1st choice
- Jasminum spp. - 3rd choice
- Philodendron selloum - 2nd choice
VARIETY - Azalea spp.
- Cortaderia selloana
- Crinum spp.
- Dracena spp.
- Gardenia jasminoides
- Hibiscus rosa sinensis
- Ixora coccinea spp.
- Ligustrum lucidum
- Honstera deliciosa
- Murraya paniculata
- Nerium oleander
- Pittosporum tobira
- Podocarpus macrophylla
- Raphiolepis indica
- Scaevola frutescens
GROUND - UNIFYING - Asparagus sprengerii - 1st choice
COVERS - Wedelia trilobata - 2nd choice
- VARIETY - Carissa spp_.
- Hemercallis spp.
•
- Lirope muscari
- Philodendron spp.
- Spathiphyllum spp.
- Vinca spp.
QUIT-CLAIM DEED
THIS QUIT-CLAIM DEED, executed this /° day of ,DL ,
1980, by TOMCA INVESTMENTS, N.V. , a Netherlands Antilles corpora-
tion, first party to the CITY OF MIAMI BEACH, whose post office
address is 1700 Convention Center Drive, Miami Beach, Florida, a
second party (wherever used herein the terms "first party" and
"second party" shall include singular. and plural, heirs, legal
representatives, and assigns of individuals and the successors
and assigns of corporations, wherever the context so admits or
requires ) .
WITNESSETH, that the said first party, for and in
consideration of the sum of $10 . 00, in hand paid by the said
second party, the receipt whereof is hereby acknowledged, does
hereby remise, release and quit-claim unto the said second party
forever, all the right, title, interest, claim and demand which
the said first party has in and to the real property described in
Exhibit "A" attached hereto and incorporated herein by reference
( "Property" ) which Property is lying and being in the County of
Dade, State of Florida, subject to the reservations and restric-
tions contained herein.
The Grantor reserves and excepts from the Property
described in Exhibit "A" that portion of said Property containing
the bulkhead or seawall adjacent and continguous to Lake Pancoast
( "Reserved Property" ) . In those areas of the Property adjacent
and contiguous to Lake Pancoast not presently bulkheaded or
containing a seawall, Grantor reserves and excepts from the
Property a one foot strip thereof directly adjacent and contig-
uous to Lake Pancoast (as measured perpendicular to or radial to
the westerly boundary of such property) and said property shall
be considered as part of the Reserved Property noted above. This
reservation shall be in favor of the Grantor, its successors and
assigns, which may include assigns who purchase a condominium
unit which might be constructed on any portion of the real prop-
erty described in Exhibit "B" attached hereto and incorporated
herein by reference. The Grantor further reserves to itself and
all of the aforementioned parties a perpetual non-exclusive
reservation of all of the riparian and littoral, rights appurten-
ant to the Reserved Property.
Grantor recognizes and agrees that at some time in the
future Grantee may require the use of a reasonable portion of
said bulkhead or seawall or other portions of the Reserved Prop-
erty for public marine related purposes. Grantor agrees to
accommodate such a request by Grantee to the fullest extent
reasonably possible without unreasonable interference with rights
of others to said seawall existing at the time of said request.
The parties will mutually agree upon a suitable location for said
facilities for City use.
By acceptance of this Quit-Claim Deed the Grantee
herewith agrees, on behalf of itself, its successors and assigns,
to refrain from erecting any fences or walls on the Property
conveyed hereunder and Grantee further agrees not to construct or
place any structure or buildings on said property that would
obstruct free and clear access of Grantor, its successors and
assigns . Grantor recognizes and agrees that Grantee may con-
struct and install structures that are conducive to the zoning
classification of the property (MD-1 ) such as benches, bicycle
rests, sidewalks or access to water taxi stops on other City
owned properties, but said installations or structures shall not
unreasonably restrict Grantors access to and through the prop-
erty.
The Grantor herewith reserves a perpetual easement for
itself, its successors and assigns over and across any portion of
Exhibit 2
SPARBER, SHEVIN, ROSEN, SHAPO& HEILBRONNER PROFESSIONAL ASSOCIATION
30th FLOOR, AMERIFIRST BUILDING. MIAMI, FLORIDA 33131
the Property in order to have access to the Reserved Property,
which easement shall perpetually run with the land, and shall
grant the parties benefitted by the easement the right of ingress
and egress to the Reserved Property and shall further grant said
parties the right to maintain and install additional bulkhead or
seawall, lighting fixtures, utility lines under the Property for
purposes directly related to the intended use of the Reserved
Property so long as the Property is .restored to its original
conditionland permitted signs on said Property.
Grantor, on behalf of itself, its successors and as-
signs, does hereby agree to maintain the existing seawall or
bulkhead presently on the subject property at its own costs and
expense in substantially its present condition. In the event,
however, Grantee utilizes any portion thereof for marine or other
related purposes, the Grantee shall be responsible for seawall or
bulkhead maintenance of the part thereof.
TO HAVE AND TO HOLD the same together with all and
singular the appurtenances thereunto belonging or in anywise
appertaining, and all the estate, right, title, interest, lien,
equity and claim whatsoever of the said first party, either in
law or equity, to the only proper use, benefit and behoof of the
said second party forever.
IN WITNESS WHEREOF, the said first party has signed and
sealed these presents the day and year first above written.
Signed, sealed and delivered TOMCA INVESTMENTS, N.V.
7 /i
n hePresen nof: . .t.
7
STATE OF FLORIDA
SS. :
COUNTY OF DADE )
I HEREBY CERTIFY that on this date, before me, an
officer duly authorized in the State of Florida and in the County
aforesaid to take acknowledgements, personally appeared -3"'66-
i
` , E{ t/1NA/✓:k li as '" �<' . TNS r.i rrEwTr/ /s/ ii a Netherlands Antilles
corporation, to me known to be the person described in and who
executed the foregoing instrument and he acknowledged before that
he executed the same on behalf of said corporation.
WITNESS my hand and official seal i the County and
State last aforesaid this / c day of 1980.
My Commission Expires:
( ., - ;LARK
NOTARY PUBLIC STA-E OF FLORIDA Al LARGE. NOT• -Y P : - C
MY CO'rMISiIC;J E:\.I1:ES JULY 30 1984 I
BONDED THRU GENER..L INS, UNDERWRITERS
-2-
SPARBER, SHEVIN. ROSEN. SHAPO & HEILBRONNER PROFESSIONAL ASSOCIATION
30th FLOOR, AMERIFIRST BUILDING MIAMI, FLORIDA 33131
•
EXHIBIT "A"
The outlots on the western side of
Collins Avenue lying between the wes-
terly extension of the North boundary of
Lot 5 in Block 4 and the South Boundary
of Lot 4 in Block 4 of the AMENDED PLAT
OF THE OCEAN FRONT PROPERTY OF THE MIAMI
BEACH IMPROVEMENT COMPANY according to
the Plat thereof recorded in Plat Book 5
at Pages 7 and 8, of the Public Records
of Dade County, Florida
SPARBER, SHEVIN. ROSEN. SHAPO& HEILBRONNER PROFESSIONAL ASSOCIATION
30th FLOOR. AMERIFIRST BUILDING, MIAMI. FLORIDA 33131
EXHIBIT "B"
Lots 4 and 5 in Block 4 of the AMENDED
PLAT OF THE OCEAN FRONT PROPERTY OF THE
MIAMI BEACH IMPROVEMENT COMPANY according
to the Plat thereof recorded in Plat
Book 5 at Page 7 and 8, of the Public
Records of Dade County, Florida.
SPARBER,SHEVIN, ROSEN. SHAPO& HEILBRONNER PROFESSIONAL ASSOCIATION
30th FLOOR, AMERIFIRST BUILDING. MIAMI. FLORIDA 33131
ONIINA8
RESOLUTION NO. 80-16497
(Authorizing the Mayor and the City Clerk
to execute a Deed of a certain portion of
Collins Ave. originally dedicated adkacent 051
to the east boundaries of lots 4 & 5, Block
4, amended plat of Miami Beach Improvement •
Company's Ocean Front Property subdivision; N
accepting a portion of the outlots adjoin-
ing Collins Ave. lying west of the westerly
right-of-way line of the property of the
Miami Beach Improvement Company)
141
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