Easement Agreement #7
PREPARED BY AND TO
BE RETURNED TO:
KOLLEEN O. P. COBB, ESQ.
HUGHES HUBBARD & REED LLP
201 South Biscayne Blvd.
Suite 2500
Miami, Florida 33131
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Agreemenf') is made this ~ day of
Se,pt~ bet , 1996 by the Miami Beach Redevelopment Agency, a public body corporate
and politic (the "Owner") and the City of Miami Beach, a municipal corporation of the State
of Florida (the "City").
RECITALS:
A. Owner is the fee simple owner of the real property described in Exhibit A
attached hereto and made a part hereof (the "Property"), lying, being and situated in
Dade County, Florida.
B. MB Redevelopment, Inc., a Florida corporation ("Hotel Owner") is the lessee
of the Property pursuant to that certain Agreement of Lease entered into by and between
Owner and Hotel Owner, and joined in by the City to the extent provided therein, of even
date herewith (the "Ground Lease"), pursuant to which Hotel Owner shall, among other
things, construct, own, manage and operate a convention center hotel (the "Hotel") on the
Property, which Ground Lease is intended to be recorded among the Public Records of
Dade County, Florida prior to the recordation hereof.
C. In accordance with Article 21 of the Ground Lease, Owner desires to create
an easement to provide the public with pedestrian access between Collins Avenue and the
Atlantic Ocean beach along the southerly boundary of and within the Property, as more
particularly described in Exhibit a, attached hereto and made a part hereof
(the "Easement Area"), on the terms and conditions hereinafter set forth.
D. In consideration of the creation of the public pedestrian access to the beach,
the City has agreed to provide appropriate maintenance and security for the Easement
Area, on the terms and conditions hereinafter set forth.
E. Hotel Owner consents to such easement on the terms and conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of the payment of ten ($10.00) dollars and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto intending to be legally bound, agree as follows:
MI96261 0.0719/17/96
1. Grant of Easement. Owner does hereby grant and create, for the benefit of
the general public, a non-exclusive easement for pedestrian non-commercial access over
the Easement Area until the termination of the easement described herein pursuant to the
terms hereof, subject to Hotel Owner's use of the Easement Area for the following
purposes: (i) all lawful uses not inconsistent with the purpose of the easement described
herein or the Ground Lease for so long as the Ground Lease is in full force and effect; (ii)
use of the Easement Area in connection with the ownership, use and operation of the
Hotel or any of the facilities thereon, including, but not limited to, maintenance, deliveries,
and trash removal; and (iii) use of the Easement Area to allow emergency vehicular
access to the beach.
2. Maintenance. Owner and the City, at their sole cost and expense, shall be
required to maintain, repair, replace and restore any improvements located in the Secured
Area (as hereinafter defined) in good repair and condition which includes, but is not limited
to, garbage removal daily. All repairs and replacements made by the City or Owner shall
be substantially equal in quality and class to the original quality of the improvements being
repaired or replaced. A description of the initial improvements and the specifications
thereof are described on Exhibit C attached hereto and made a part hereof. The City
agrees to maintain separate meters in its name for electricity and irrigation associated with
the Easement Area. If Owner and the City fail to perform their obligations under this
paragraph 2, the Hotel Owner shall have the right, but not the duty, upon thirty (30) days'
prior written notice, to correct such condition and to make such repairs or to perform such
maintenance, and the cost thereof shall be paid by Owner promptly after notice of the
same.
Notwithstanding the foregoing provisions of this paragraph 2, neither Owner
nor the City shall be responsible for repairing or restoring any damage to the Easement
Area or the improvements located therein or thereon caused by the acts, omissions or
negligence of Hotel Owner. The repair or restoration of any such damage shall be
performed at the sole cost and expense of Hotel Owner. If the Hotel Owner fails to make
such repair or restoration for such damage, the Owner shall have the right, but not the
duty, upon thirty (30) days' prior written notice, to make such repairs or restoration, and
the cost thereof shall be paid by Hotel Owner promptly after notice of the same.
3. Security. The City, at its sole cost and expense, shall be responsible for
providing police protection for the Easement Area to the same extent as the City provides
police protection to the surrounding area.
Notwithstanding the foregoing, Hotel Owner shall have the right to control
access in and to that portion of the Easement Area described in Exhibit 0 attached hereto
and made a part hereof (the "Secured Area") after sundown and before sunrise by locking
and unlocking all of the fences and gates installed as part of the improvements in the
Easement Area, subject to the City's right to open such fences or gates from time to time
for governmental purposes. The City and Owner acknowledge that Hotel Owner has
unlimited access to the Easement Area at all times.
MI962610.0719/17/96
-2-
4. Indemnity. The Owner and City shall indemnify and hold the Hotel Owner
Indemnified Parties (as defined in the Ground Lease for "Tenant Indemnified Parties" with
the references to "Tenant" in such definition being, for purposes of this paragraph 4,
references to "Hotel Owner") harmless from all loss, cost, liability, claim, damage and
expense (including, without limitation, reasonable attorneys' fees and disbursements),
penalties and fines, incurred in connection with or arising from any acts, omissions or
negligence of the Owner or City made in its or their proprietary capacity or any person or
other entity claiming through or under the Owner or City (in their proprietary capacity only)
in, about or concerning the Easement Area, except to the extent any of the foregoing is
caused by the gross negligence or willful misconduct of any of the Hotel Owner
Indemnified Parties.
Pursuant to the preceding paragraph, Hotel Owner shall indemnify and hold
the Owner Indemnified Parties (as defined in the Ground Lease for "Owner Indemnified
Parties") harmless from all loss, cost, liability, claim, damage and expense (including,
without limitation, reasonable attorneys' fees and disbursements), penalties and fines,
incurred in connection with or arising from any acts, omissions or negligence of Hotel
Owner Indemnified Parties, in, about or concerning the Easement Area, except to the
extent any of the foregoing is caused by the gross negligence or willful misconduct of any
of the Owner Indemnified Parties.
The indemnities described in this Section 4 shall survive the termination of this
Agreement.
5. Easements and Covenants Run with the Land. Each and all of the
easements, covenants, obligations and rights granted or created under the terms of this
Agreement are appurtenant to the Property and the Easement Area. The provisions
hereof shall run with the land, shall be binding on and shall inure to the benefit of the
parties hereto and the general public, and, subject to paragraph 7, below, may be waived
or modified only by written instrument executed by the parties in recordable form.
6. Performance at Each Party's Sole Cost and Expense. Unless otherwise
expressly provided in this Agreement, when either party exercises any of its rights, or
renders or performs any of its obligations hereunder, such party shall do so at its sole cost
and expense.
7. Termination. On the date hereof, there exists public access to the Atlantic
Ocean beach from (i) 17th Street, Miami Beach, Florida and (ii) 15th Street, Miami Beach,
Florida (each an "Access Area") and it is a condition of the easement described herein
that both of the referenced beach access areas remain open to the public at all times after
sunrise and until sundown, except for a temporary closure in the ordinary course of
business or a temporary closure for reasons of force majeure. If either Access Area
closes for any reason (other than a temporary closure in the ordinary course of business
or a temporary closing for force majeure reasons), the easement described herein shall
MI962610.0719/17/96
-3-
automatically terminate and be of no further force or effect, including, but not limited to, the
termination of the rights of third parties. At the Hotel Owner's request, the Owner and City
will execute such documents, in recordable form, as necessary to reflect such termination.
IN WITNESS WHEREOF this Agreement has been executed as of the date first
above written.
MIAMI BEACH REDEVELOPMENT AGENCY
ATTEST:
By: ~f PcuL
Robert Parcher
Secretary
By:
CITY OF MIAMI BEACH
ATTEST:
BY:~ P tttJJA1/L
Robert Parcher
City Clerk
By:
r Gelber
Fe,' ),1 f,PPROVED
LEGAL DEPT.
FORM APPROVED
REDEVELOPMENT AGENCY
GEN~~El_
By fr/ ~-:-
,
Date 9/J-dA6
f
By
Date
MI962610.0719/17/96
-4-
STATE OF FLORIDA )
)ss:
COUNTY OF DADE ) ~(
Q (I The foregoing instrument was acknowledged before me this I\{t) day of
4jv\(c0.M;WiL--, 1996, by Seymour Gelber, as Chairman, and Robert Parcher, as Secretary,
of the MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic,
on behalf of such public body. They are personally known to me or produced valid Florida
driver's licenses as identification.
Notary Public, Sta~e o~
Print Name: f I, '2 e:
My commission expires:
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v
STATE OF FLORIDA
)
)ss:
)
~
C=--=- A I I , The foregoing instrument was acknowledged before me this Q & day of
~~1996, by Seymour Gelber, as Mayor, and Robert Parcher, as City Clerk, of
the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, on behalf of
such municipal corporation. They are personally known to me or produced valid Florida
driver's licenses as identification.
COUNTY OF DADE
(~\ ( D
G) I' 17) r-dCl,[ rlU}
Notary PublicvState of Florida
Print Name: " Ii'? t --r v,
My commission expires:
MI96261 0.0719/17/96
-5-
JOINDER AND CONSENT
MB REDEVELOPMENT, INC., hereby joins in and consents to the foregoing
Easement Agreement.
MB REDEVELOPMENT, INC.
ATTEST:
STATE OF FLORIDA )
)ss:
COUNTY OF DADE ) ~
C~_ '.,. J. The foregoing instrument wjJs acknowledged before FT!e tt:rt'9v\ da~L9f
&}(It:/VJ'U1i''-, 19~, byDrDlCjc -S. ~ 0{ 18/fL , as~' v,' ee lp ~ ?J(~and
(fX)~ [U. (j) ~, as Secretary, of MB REDEVELOPMENT, INC., a Florida
corporation, on behalf of such corporation. They are personally known to me or produced
valid Florida driver's licenses as identification.
S i/c <!/
My commission expires:
Notary PUbliC" State of FJor~~
Print Name: . C 112-1h t
)oIef;1I'
MI962610.0719/17/96
Exhibit A
Legal Description of Property
MI96261 0.0719/17/96
HOTEL LEGAL DESCRIPTION
PARCEL I:
LOTS " 2, 17 AND 18, BLOCK 55, FISHER'S FIRST SUBDIVISION OF Al TON BEACH,
ACCORDING TO PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 77, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THAT PAAT OF LOTS 2 AND
17 L VING NORTH OF A LINE. WHICH SAID LINE IS LOCA TED ~D DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF LOT 16. BLOCK 55. FISHER'S FIRST
SUBDIVISION OF ,6J. TON BEACH. THENCE RUN SOUTHWESTERLY AlONG THE
WESTERL V LINE OF SAID LOTS 16 N>-IO 17 FOR A DIST NoICE OF 72 FEET TO A
POINT, S~D POINT BEING THE POINT OF BEGINNING OF' THE LINE BEING
DESCRIBED: THENCE EASTERLY PARAlLEL TO THE NORTHERLY LINE OF LOT 16
AND LOT 3, BLOCK 55 OF FISHER'S FIRST SUBDIVISION OF' AL. TON BEACH FOR A
DIST ANCE OF 400 FEET TO A POINT IN THE EASTERLY LINE OF' LOT 2. OF S~D
BLOCK 55, F"ISHER'S FIRST SUBDIVISION OF At.. TON BEACH.
A.S TO LOTS 2 AND 17, SAID PROPERTY MAY AlSO BE DESCRIBED AS LOTS 2 AND
17, LESS THE NORTH 21.3 FEET THEREOF, IN BLOCK 55, ALTON BEACH FISHER'S
FIRST SUBDIVISION, ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT
BOOK 2, AT PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
PARCEL II;
PARCEL OF LAND L VING BETWEEN BLOCK 55, OF riSHER'S FIRST SUBDIVISION OF
A.L TON 9EACH, ACCORDING TO PLAT THEREOF', RECORDED IN PLAT BOOK 2, AT
PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND THE HIGH
WATER MARK OF THE ATLANTIC OCEAN, WHICH SAID PARCEL OF LAND IS
PARTICULARL V DESCRIBED AS FOLLOWS:
9EGI~ AT THE SOUTHEAST CORNER OF SAID LOT " BLOCK 55. F'ISHER'S FIRST
SUBDIVISION OF Al TON BEACH, THENCE RUN NORTHERLY AlONG THE
EASTERL v LINE OF LOT 1 N>-IO LOT 2 OF SAJO BLOCK 55. FISHER'S FIRST
SUBDIVISION OF Al TON BEACH A DISTANCE OF' 102.2 FEET MORE OR LESS TO A
POINT IN THE EASTERLY LINE OF' SAID LOT 2, WHICH SAID POINT IS 72 FEET
SOUTH OF THE NORTHEAST CORNER OF LOT .3 OF SAID BLOCK 55 OF FISHER'S
FIRST SUBDIVISION OF AlTON BEACH: THENCE RUN IN AN EASTERL Y DIRECTION
A.LO~G A LINE PARAlLEL TO THE EASTERL Y EXTENSION OF' THE NORTH LINE OF
SAJD LOT .3. TO THE HIGH WATER MARK OF' THE ATLANTIC OCEAN: THENCE RUN
IN A SOUTHERL V DIRECTION ALONG THE HIGH WATER MARK OF THE ATLANTIC
OCE AN A DISTANCE OF 102.2 FEET MORE OR LESS TO A POINT ON S~D HIGH
WATER MARK OF" THE ATLANTIC OCEAN WHICH IS THE INTERSECTION WITH THE
E ASTERL Y EXTENSION OF THE SOUTHERLY LINE OF SAID LOT 1: THENCE IN A
WESTERL V DIRECTION AlONG THE EASTERLY EXTENSION OF SAID SOUTH LINE
OF" LOT , TO THE POINT OF BEGINNING.
1 of ;. '3
HOTEL LEGAL DESCRIPTION
PARCEL III:
LOTS 3 AND 16 AND THE NORTH 21.3 FEET (AS MEASURED ALONG LOT LINES) OF
LOTS 2 AND 17, BLOCK 55, FISHER'S FIRST SUBDIVISION OF ALTON BEACH,
ACCORDING TO THE PLAT THEREOF AS FILED FOR RECORD IN PLAT BOOK 2,
PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDAi TOGETHER
WITH: THAT CERT AlN PARCEL OF LAND LYING EAST OF AND ADJACENT TO THE
LAND DESCRIBED ABOVE;S~D LAND BOUNDED ON THE SOUTH BY THE SOUTH
LINE OF THE ABOVE DESCRIBED PARCEL EXTENDED EASTERL Y BOUNDED ON
THE NORTH BY THE NORTH LINE OF THE ABOVE DESCRIBED PARCEL EXTENDED
EASTERL Y BOUNDED ON THE EAST BY THE MEAN HIGH WATER LINE OF THE
ATLANTIC OCEAN AND BOUNDED ON THE WEST BY THE EAST LINE OF SAID LOTS
2 AND 3 AFOREMENTIONED.
PARCEL IV:
LOTS 9, 10, 11, 12 AND NORTH Y2 OF LOT 8 AND THE NORTH 112 OF LOT 13, BLOCK
56 OF FISHER'S FIRST SUBDIVISION OF ALTON BEACH FLORIDA. A SUBDIVISION IN
FRACTIONAL SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 77, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
PARCEL V:
BEGINNING AT THE NORTHEAST CORNER OF LOT 9, IN BLOCK 56 OF FISHER'S
FIRST SUBDIVISION OF ALTON BEACH. AS THE SAME IS SHOWN MARKED AND
DESIGNATED ON A PLAT OF S~D SUBDIVISION, RECORDED IN PLAT BOOK 2, AT
PAGE 77, IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN .AND FOR DADE
COUNTY, FLORIDAi THENCE RUN IN AN EASTERLY DIRECTION ALONG THE
NORTH LINE OF LOT 9 OF BLOCK 56, PRODUCED TO THE HIGH WATER LINE Of
THE ATLANTIC OCEANi THENCE RUN IN A SOUTHERLY DIRECTION MEANDERING
S~D HIGH WATER LINE A DISTANCE OF 76.05 FEET PLUS OR MINUS TO A POINT,
SAJD POINT BEING AT THE INTERSECTION OF THE LAST MENTIONED COURSE
WITH THE CENTER LINE OF' LOT a OF' BLOCK 56 PRODUCED TO THE HIGH WATER
LINE OF THE ATLANTIC OCEAN; THENCE RUN IN A WESTERLY DIRECTION ALONG
S~D CENTER LINE OF LOT 8. BLOCK 56 PRODUCED TO THE HIGH WATER LINE OF
THE ATLANTIC OCEANi THENCE RUN IN A WESTERLY DIRECTION ALONG SAJD
CENTER LINE OF LOT 8. BLOCK 56 PRODUCED TO THE EAST LINE OF BLOCK 56, AT
ITS INTERSECTION WITH THE CENTER LINE OF LOT 8, IN BLOCK 56i THENCE RUN
IN A NORTHERLY DIRECTION ALONG S~D EAST LINE OF BLOCK 56, A OIST ANCE
OF 76.05 FEET PLUS OR MINUS TO A POINT OF' BEGINNING.
,
2 of J4 '3
av~~~ ~~V~ U~~~~!~l~UN
PARCEL/I.
BEGINNING AT THE SOUTHEAST CORNER OF LOT 10. IN BLOCK 56 AS SHOWN By
THE PLAT ENTITLED "FISHER'S FIRST SUBDIVISION OF AL TON BEACH", S.AJD PL AT
BEING RECORDED IN PLAT BOOK 2, AT PAGE 77, OF" THE PUBLIC RECORDS OF"
DADE COUNTY. FLORIDA; RUN IN A NORTHERL Y DIRECTION ALONG THE EAST
LINE OF" S.AJD LOT 10, A DIST ANCE OF" 50.7 FEET TO THE NORTHEAST CORNER OF
LOT 10. THENCE RUN IN AN EASTERL Y DIRECTION ALONG THE NORTH LINE OF
SAID LOT la, PRODUCED EASTERL Y TO THE HIGH WATER LINE OF" THE ATLAN,I:
OCEAI"4; THENCE RUN IN A SOUTHERLY DIRECTION, MEANDERING SAID HIGH
WATER LINE A DIST~CE OF '50.7 FEET,PLUS OR MINUS, TO A POINT; THENCE
RUN IN A WESTERLY DIRECTION AlONG THE SOUTH LINE OF LOT 10, IN BLOCK
56, PRODUCED EASTERLY, TO THE POINT OF BEGINNING.
PARCEL VII:
THE SOUTH 1/2 OF" LOTS 8 AND 1.3 AND AlL OF LOTS 7 AND 14, LESS THE SOUTH
12.65 FEET OF" SAID LOTS 7 AND 14, TOGETHER WITH THAT PIECE OF" PARCEL OF"
LAI"4D LYING BETWEEN THE NORTH AND SOUTH BOUNDARIES OF" S/oJD
PROPERTY EXTENDING EASTWARD TO THE ATLANTIC OCEAN, ALL LYING AND
BEING IN BLOCK 56. OF F"ISHER'S FIRST SUBDIVISION OF AI.. TON BEACH,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 77,
OF" THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
PARCEL VIII:
THA T PORTION OF AVENUE C (A/K/ A 16TH STREET> AS SHOWN IN riSHER'S F"IRST
SUBDIVISION OF" ALTON BEACH, RECORDED AT PLAT BOOK 2, AT PAGE 77, OF" THE
PUBLIC RECORDS OF DADE COUNTY, F"LORIDA. AND ITS EASTERLY EXTENSION
BOUNDED ON THE WEST BY THE EASTERLY RIGH:T-OF-WAY LINE OF' COLLINS
AVENUE AND BOUNDED ON THE EAST BY THE EROSION CONTROL LINE. AlL OF"
WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE. AT THE NORTHWEST CORNER OF LOT 11. BLOCK 56, FISHER'S FIRST
SUBDIVISION OF AlTON BEACH, PLAT BOOK 2, AT PAGE 77, OF THE oUBLlC
RECORDS OF DADE COUNTY. FLORIDA. S~D POINT BEING THE POINT OF
BEGINNING; THENCE NORTH 88 DEGREES 00 MINUTES 49 SECONDS EAST AlONG
THE NORTH LINE OF S.6JD BLOCK 56 AND ITS EASTERLY EXTENSION F"OR A
DIST ANCE OF 576.20 FEET TO THE POINT OF INTERSECTION WITH THE EROSION
CONTROL LINE OF THE ATLANTIC OCEAN; THENCE NORTH 8 DEGREES 54
MINUTES 53 SECONDS EAST. AlONG THE EROSION CONTROL LINE FOR A
DIST ANCE OF 71.28 FEET TO THE POINT OF INTERSECTION WITH THE EASTERL Y
EXTENSION OF THE SOUTH LINE OF BLOCK 55 OF' THE ABOVE ~ENTlONED
FISHER'S FIRST SUBDIVISION OF ALTON BEACH; THENCE SOUTH 88 DEGREES 00
MINUTES 49 SECONDS WEST, AlONG THE SOUTH LINE OF' SAID BLOCK 55 AND ITS
EASTERL Y EXTENSION FOR A DISTANCE OF' 577.88 FEET TO THE POINT OF
INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF COLLINS AVENUE;
THENCE SOUTH 07 DEGREES 35 MINUTES 04 SECONDS WEST. ALONG THE
EASTERL Y RIGHT-OF-WAY LINE OF COLLINS AVENUE FOR A OIST ANCE OF 70.98
FEET TO THE POINT OF BEGINNING.
3 of //3
MI962610.0719/17/96
Exhibit B
Legal Description and Sketch of Easement Area
en
CC~JSUL - TECH
t,ng engineers .
10570 nw. 27 Sf.
MIAMI, FL 3.3172
ENGINEERING, INC.
I-Ondplanners · Lond Surveyors
SUITE 101
(305) 599-314 J
--.--------.-------
NO TE THIS
-SkETCH AND LEGAL
IS NOT A SKETCH OF SURVEY, BUT ONLY
-~-----------------_._----
OESCRIPTION_
A GRAPHIC DESCRIPTION SHOWN HEREON
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BEARINGS SHOWN BASED ON Aio/ ASSUMED
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DATE
No. 4574
SEE ATTACHED FOR LEGAL DESCRIPTION
"TO THE BEST OF MY KNOWLEDGE Aio/D BElIEF,IHEREBY
CERTIFY THE SKETCH SHOWN HEREON MEETS THE MINIMUM
TECHNICAL STAio/DARDS FOR LAND SURVEYING AS MAio/DATED
BY FLORIDA STATUTES CHAPTER 472."
UPDA TES/REVISIONS DATE BY CK'D NOTE, The underSigned and CONSUL. TECH ENGINEERING,INC make no
representatIons Or qarontees os 10 the Completeness of lhe in/ormatIon
f--- rel/ecled hereon perlalmng 10 easementS,flghl'OI'wOY, sel'back I,nes.
reservallons. agreemenls or olher molters 0' rocorQ Th,S ,nSlrumenl IS
'ntended 10 reI/eel or sel 'orlh Only Ihoso ,Iems ShOwn in Ihe relerenees
,- obove. CONSUL. TECH ENGINEERING, INC. did nol research Ihe pUblic reCords
for molters affecting the lands shOwn
- f--- NOT[. ThIS Instrument IS the prOperly of CONSUL. rECH ENGINEERING. INC
and 5hollnOl be reprOduced 'n whole or .n pori wdhoul wrttlen perml55'on
01 CONSUL. TECH ENGINEERING.INC @
Job No. 950640: fOrown By: J.A. CheCked By: 5S. r"B. PG. I Scale: NTS
-
EXHIBIT "C"
DESCRIPTION OF IMPROVEMENTS
INCLUDING PLANS AND SPECIFICATIONS
DRAWING AND SPECIFICATIONS
( Prepared by Bradshaw Gill and Associates - Landscape Architects)
1. Hardscape
L4 Southwest Layout / Grading Plan dated July 24, 1996
L5 Southeast Layout / Grading Plan dated July 24, 1996
L8 Southwest Hardscape Materials Plan dated July 24, 1996
L9 Southeast Hardscape Materials Plan dated July 24, 1996
2. Planting
LP3 Southwest Planting Plan dated August 5, 1996
LP4 Southeast Planting Plan dated August 5, 1996
LP7 General Specifications dated August 5, 1996
3. Irrigation
13 Southwest Irrigation Plan dated August 16, 1996
14 Southeast Irrigation Plan dated August 16, 1996
16 Irrigation Plan - Notes, Legend & Construction Details dated August 16, 1996
FINISH SCHEDULE
1. Pavers
Tumbled metric stone by Paver Module E249 tan / orange / brown C.M. W 8 1/2 " wide edge of 2 3/4 x 8 1/2 "
tumbled plaza paver E249 C. M with hidden concrete curb at edge ( area where concrete curb is not shown ).
2. Light Fixtures
12 100 watt Metal Halide Pole Mounted lights ( Bega # 6387 - white ). Poles at 12 foot height.
3. Decorative Gates
Decorative aluminum gates and masonry columns.
4. Trash Receptacles
2 trash receptacles / ash urns-Dura Art Stone TR-J mound cast stone 30: diameter top x 36" ht. With medium
sandblast finish with S-13 nordic cream color with combination trash lid / sand tray natural finish, Model # S-TR-
J-313-MSB-Lid / ST-Natural.
5.Irrigation System
An automatic in-ground irrigation system with spray heads, as per above drawings and specifications.
6. Plant Material
( See Attached - Exhibit "C-I " )
EXHIBIT" C-I "
DESCRIPTION OF IMPROVEMENT
(PLANT LIST - SECURITY AREA )
OUANTITY
BOTANICAL / COMMON NAMES
TREES & PALMS
5
Calophyllum brasiliense
Brazilian Beautyleaf
18
Cocos nucifera " Green Malayan
Coconut Palm
8
Livistona chinenis
5
N oronhia emarginata
HEIGHT
SPREAD
REMARKS
TRUNK
C.T.
14-16 '
10-12 '
Full canopy
2@2; 4@4; 2@6
1@8; hard grey wood
14' C.t.
Matched
14-16 '
10-12 '
Full canopy
319
SHRUBS & GROUNDCOVERS
Chrysobalanus icaco
Cocoplum
138
Ficus benjamina "hedge"
Weeping Fig
64
Ixora "Nora Grant"
Nora Grant Ixora
242
Liriope m "Evergreen Giant"
Giant Lily turf
44
Pittosporum tobira " Variegata"
Variegated Pittosporum
69
Uniola paniculata
Sea Oats
22-24 ' 20-22" Full, 24" o.C.
22-24" full to base 24" o.C.
20-22" Full, 24" a.c.
10-12" Full clump
12" o.C.
20-22" Full, 24" a.c.
4" pots @
18" o.C.
MISCELLANEOUS
1530 S.F. - Sod - All sod to be St. Augustine "flora - tam" solid sod.
42 c.y. - Soil - 1/2 c.y/ per tree ( all palms to be planted in clean sand ): 4" depth for all planting beds and hedges.
17 c.y. - Shredded Cypress Mulch - 2" depth for all planting beds and hedges.
MI962610.0719/17/96
Exhibit D
Description of Secured Portion of Easement Area
INGRESS-EGRESS-ACCESS EASEMENT LEGAL DESCRIPTION
A portion of Lots 7 and 14, Block 56 of "Fishers First Subdivision of Alton Beach" according to the
Plat thereof, as recorded in plat book 2, page 77 of the Public Records of Dade County, florida,
together with a portion of land bounded on the east by the Erosion Control Line (Bulkhead Line) and
on the west by the easterly line of said Lot 7, more particularly described as follows:
Commence at the Southwest comer of Lot 14, Block 56 of said "Fishers First Subdivision of Alton
Beach Plat; THENCE North or 35'04" East along the Easterly right-of-way line of Collins A venue,
a distance of 12.83 feet to a point of intersection with a line 12.65 feet North of and parallel with the
south line of said Lots 7 and 14;
THENCE North 880 00'49" East, along said parallel line a distance of 204.69 feet to the POINT OF
BEGINNING;
THENCE continue North 880 00' 49" East along said parallel line a distance of 380.38 feet to a point
on the Erosion Control Line (Bulkhead Line).
THENCE North 030 27'32" East along said erosion control line, a distance of 25.60 feet;
THENCE South 88000'49" West a distance of 1.85 feet to a point on a non-tangent curve concave
to the North, having a radial bearing of South 170 06' 88"; East and a radius 228.50 feet;
THENCE Westerly and to the right through a central angle of250 12' 01" and arc distance of 100.50
feet to a point of reverse curvature with a curve concave to the South having a radius of 290.32 feet
and a central angle of 100 04'08"; THENCE Westerly along the arc of said curve a distance of 51.02
feet to a point compound curvature of a curve concave to the south, having a radius of 48.00 feet and
a central angle of 190 17' 44"; THENCE Westerly along the arc of said curve a distance of 16.17
feet to a point of reverse curvature with a curve concave to the north having a radius of 131.24 feet
and a central angle of 40 0 25'01"; THENCE westerly along the arc of said curve a distance of 92.58
feet to a point of non-tangency; THENCE South 880 00' 49" west, a distance of 124.09 feet;
THENCE South 010 59' 11" East, a distance of 24.33 feet; to the POINT OF BEGINNING.
SAID LANDS LYING AND BEING IN THE CITY OF MIAMI BEACH AND CONTAINING
8,250 Square Feet (0.1894 Acres) More or Less.
C:\SURVEY\LEGAL.DES
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-SKETCH
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NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT CNL Y .;l" GRAPHIC DESCRIPTION SHOWN HEKEG~j
DESCRIPTION-
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LEGEND
P O.C. . PQIoll Of' COWIoIENCEIlENl
P O.B. . POINT Of' IIEClNNIlG
IJ. . DELTA NlClE
R . R.IlIltUS
L ' LENClH
8EARINGS SHOWN BASED ON AN ASSUt.4ED
DATUM OF N 07.35'04" E FOR THE CENTERLINE
OF COLLINS AvENUE
SEE ATTACHED FOR LEGAl DESCRIPTION
"TO THE BEST OF MY KNOWLEDGE ~ BELIEF, I HEREBY
CERTIFY THE SKETCH SHOWN HEREON t.4EETS THE MINIMUloI
TECHNICAl STANDARDS FOR L~ SURVEYING AS MANDATED
BY FLORIDA STATUTES CHAPTER 472."
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NOT VAliD WITHOUT THE SIGNATURE AND THE
ORIGINAl R~SED SEAl OF A FLORIDA LICENSED
SURVEYOR AN R.
1:1 \cBlq"
DATE
No. 4574
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8'1' CK'D NOTE The undersogned and CONSUl.TECH ENGINEERING. INC, ma.e no
representations or qoronlees os to the completeness 01 the Inlormotlon
reflected hereon perlalnlng to eosem.nls, (Ight-ol'way. set-bOCk hnes,
reSerlo'otlon$, agreements or olner motlers 01 record, ThiS Instrument IS
,ntended to reflect or set lortn only those Items shown tn the (ete(enc:e~
~oo~e CONSUL TECH ENGINEERING, INC. did not research the puOttC rec:~ru'i
tor molters allectlOq the lands showo,
NOTE Th,s ,nstrument.s the property 01 CONSUL' TECH ENCINEERING.INC
In(j shall not be reproJuced In ...,hole or In port Without wrltll!n p~rmls510n
01 CONSUL TECH ENGINEERING,INC C
Checked By' SS. PG. Scale: N TS.
UPDATES/REVISIONS
DATE
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~ Job No.
950640:
Drown By: J.A.
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