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Easement Agreement with Central Florida Investments, Inc. Zcs f l - 2 1 yq Settlement Statement Grantee: City of Miami Beach, a Florida municipal corporation 1700 Convention Center Drive,4th Floor,Miami Beach,Florida 33139 Grantor: Central Florida Investments,Inc.,a Florida corporation 5601 Windhover Drive, Orlando,FL 32819 Property Location: 3427 Indian Creek Drive,Miami Beach,Florida 33140(See Exhibit A attached) Date: August 10, 2021 , 2021 Settlement Agent: Suzanne A. Dockerty,P.A. 110 Merrick Way, Suite 3B,Coral Gables,Florida 33134 Grantee Settlement Fees: Title Search Reports and Updates: $ 500.00 Title Insurance Premium($320,000): $1,675.00 Settlement Fee Balance Due $1,750.00 Clerk of Court Recording Fee: Easement Agreement: $ 69.50 Documentary Stamp Tax: $ 4.75 Wire Transfer Fee/FedEx: $ 100.00 Total Grantee Settlement Fees: $4,099.25 I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on account of this transaction. Grantee: City of M. Beach,a Florida municipal corporation By: Print e/Title: Alina T. Hudak, City Manager Approved as to form ,and dLLanguage 1lfor Execution By: �i Attorney Exhibit"A" Legal Description The parcel of land lying West of Indian Creek Drive, lying South of the North boundary of Lot 14,Block 22, extended Westerly to the mean high water line of Indian Creek Canal, and lying North of the South boundary of Lot 17, Block 22, extended Westerly to the mean high water line of said Indian Creek Canal, of AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County,Florida. Folio No.: 02-3226-001-1470 This Instrument Prepared by and return to: Raul J. Aguila, City Attorney City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 Folio Number: 02-3226-001-1470 SPACE ABOVE THIS LINE FOR PROCESSING DATA Easement Agreement This Easement Agreement ("Agreement") is made thisL l day of Av .kis-1( , 2021,' by and between Central Florida Investments, Inc., a Florida Corporation, whose address is 5601 Windhover Drive, Orlando, FL 32819 ("Grantor") and City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 ("Grantee") (Grantor or the Grantee or may be referred to herein individually as a "party" or collectively as "parties"). WHEREAS, Grantor is the owner in fee simple of the real property located in Miami- Dade County, legally described in Exhibit"A" attached hereto (the "Property"); and WHEREAS, the Property abuts Indian Creek (the "Waterbody") and includes the area containing a seawall that is adjacent to the Waterbody (the "Seawall Area"); and WHEREAS, Grantee is replacing seawalls and elevating roadways along Indian Creek to benefit Grantor and other property owners abutting the Waterbody whose land is subject to inundation during certain tidal events; and WHEREAS, Grantee needs access to and use of the Property in connection with the' development of Public Related Uses (As defined in Section 3), which, at minimum, will include the construction of a new seawall ("New Seawall"), as may be upgraded from time to time by Grantee for the,protection of the health, safety or welfare of the general public, and the' development of a greenway and/or other type of walkway for public use and access (collectively, the "initial City Improvements"); and WHEREAS, Grantor has agreed to grant a perpetual, non-exclusive access and use easement to Grantee in, on, over, through and across the Property, including for public access; and WHEREAS, Grantor requests that Grantee, and Grantee hereby agrees to, construct, install and maintain the initial City Improvements, which will include the demolition of the existing seawall; and 1 WHEREAS, the City Manager as referenced in this Agreement shall mean the chief executive officer of the City or such person (the City Manager's designee) as may from time to time be authorized in writing by such administrative official to act for him with respect to any or all matters pertaining to the administration of this Agreement on behalf of the City, except where such authority has been expressly delegated herein to the City Commission. NOW, THEREFORE, for and in consideration of the mutual covenants, benefits and agreements of the parties and the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein as part of this Agreement. 2. Grant of Easement. a. Grantor hereby grants, bargains, sells and conveys to Grantee, its successors and assigns, for use by Grantee, its employees, agents and contractors, and representatives and licensees, a perpetual, non-exclusive access and use easement in, on, over, through and across the Property, legally described in Exhibit "A", in connection with the construction, installation, operation, repair, replacement, upgrade and maintenance of City Improvements (as defined in' Section 4) and the operation of Public Related Uses (As defined in Section 3), subject to the terms and conditions set forth herein. The easement rights include rights to the upland interest over the shoreline into the Waterbody, together with; all other riparian rights, as may be required under applicable Laws and any governmental authority (including the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida) having jurisdiction over the, Property or the sovereign lands located adjacent thereto, to construct, install, repair, replace, upgrade or maintain the New Seawall or any future seawall developments. Additionally, the easement rights shall permit Grantee, its employees, agents and contractors and representatives and licensees to survey, mobilize, excavate, demolish, construct, inspect, store materials and equipment, install utilities, and take all other actions on the Property necessary to develop City Improvements or operate Public Related Uses. b. Public Access Easement. Grantor hereby grants, bargains, sells and conveys to Grantee, its successors and assigns, for use by members of the general public, a perpetual, non-exclusive access and use easement in, on, over, through and across the Property, in connection with the general public's use of City Improvements or Public Related Uses developed on the Property. 3. Public Related Uses. As referred to herein, Public Related Uses shall include, without limitation, a seawall/retaining wall, flood mitigation elements, a greenway, public transportation stops, kiosks, bicycle paths, walkways and decks, parks, playgrounds, lighting, utilities or any other improvements and activities associated with the use of the Property by the general public, or which, in Grantee's reasonable discretion, are deemed necessary for the protection of the health, safety or welfare of the general public. 2 4. City Improvements. Grantee will have the right to construct, install, operate, repair, replace, upgrade and maintain, at its sole cost and expense, improvements in connection with any Public Related Uses (the "City Improvements"). 5. Grantee Obligations. Grantee will cause plans and specifications to be prepared for any construction work related to the installation of any City Improvements (collectively the "Work") and obtain any and all governmental permits and approvals required in connection with the Work (the "Permits"). Grantor will approve said plans and specifications (the "Approved Plans"). Grantor shall not withhold, condition or delay the approval of the plans and specifications relating to the Work. Upon completion of the Work, Grantee will accept ownership of the City Improvements, and will assume the sole responsibility to maintain the City Improvements in a good and safe condition and to repair and/or replace same as necessary from time to time, all in accordance with the Permits and any and all applicable regulations of the federal, state, County, City of Miami Beach Code of Ordinances, and any other regulation governing the City Improvements (collectively, the "Laws"). Notwithstanding the foregoing, should Grantor develop a dock or any other marine related use or improvement contiguous to the Seawall Area, Grantor will thereafter assume the sole responsibility to maintain the New Seawall in a good and safe condition and to repair and/or replace same as deemed necessary by Grantee, from time to time, all in accordance with the Permits and any and all Laws applicable thereto. 6. Grantee's responsibility with respect to the installation of any City Improvements shall include the construction and installation of such City Improvements in accordance with the Approved Plans and Permits and, upon completion of the City Improvements, the repair, replacement and maintenance of the constructed City Improvements; it being understood and agreed that (i) Grantee makes no warranty regarding the City, Improvements, and (ii) Grantor disclaims any and all implied warranties of merchantability and fitness, fitness for. a particular purpose, intended use, workmanship or construction respecting the City Improvements imposed by statute, case law or otherwise. 7. Grantor Obligations. At all times prior to completion of the Work, Grantor will cooperate and provide support to Grantee in connection with the Work, including, without limitation,, executing, or causing to be executed, within five (5) business days of a request from Grantee, any application or other documentation (in recordable form if necessary) necessary to connection therewith. In furtherance thereof, Grantor hereby grants the Grantee a power of attorney to execute and submit all such applications and documentation required by any governmental authority (including the Board of Trustees of the Internal Improvement Fund of the State of Florida) having jurisdiction over the Property or the sovereign lands, which may be necessary to obtain the Permits and perform the Work in accordance with the Approved Plans. 8. Access. Grantor shall not withhold or obstruct Grantee's access to the Property, City Improvements or Public Related Uses through the installation of a fence or any other means. 3 9. Amendment. This Agreement may only be modified, amended, terminated or released by a recordable instrument executed by both parties hereto or their successors or assigns, and providing that same is approved by the City Commission. 10. Inspection. It is understood and agreed that any City official has the right to enter and investigate the Property, to verify compliance with the conditions of this Agreement or any applicable Laws. 11. Indemnification. Grantor, and its successors and assigns, expressly agrees to save, defend, indemnify and hold harmless Grantee, its employees, agents and contractors (collectively, "Grantee Indemnified Parties"), from and against any and all loss, liability, damages, claims, costs, attorneys' fees and expenses (collectively, "Losses"), arising out of or relating to Grantor's negligent or wrongful act or omission. In consideration for this Agreement, Grantee, its successors and assigns, to the extent allowable by law, and subject to the limitation on Grantee's liability, as set forth in Section 768.28, Florida Statutes, expressly agrees to save, defend, indemnify and hold harmless Grantor, its employees, agents and contractors (collectively, "Grantor Indemnified Parties"), from and against any and all loss, liability, damages, claims, costs, attorneys' fees and expenses (collectively "Losses"), arising out of or relating to the Grantee's negligent or wrongful act or omission. Additionally, nothing contained in this Agreement shall be deemed a waiver of sovereign immunity by the Grantee. 12. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by recognized overnight courier (such as Federal Express) or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: If to Grantor at: David A. Siegel President 5601 Windhover Drive Orlando, FL 32819 With a copy to: Greenspoon Marder LLP Capital Plaza I, Suite 500 201 East Pine Street Orlando, Florida 32801 Attention Michael Marder If to the Grantee at: City of Miami Beach, City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager With a copy to: City of Miami Beach, City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Attorney 4 Notices personally delivered or sent by overnight courier, or mailed in accordance with the foregoing shall be deemed given upon receipt. The terms of this Section shall survive the termination of this Agreement. 13. Remedies. The terms of this Agreement may be enforced by injunctive relief and any other available remedies. In any action at law or in equity between the parties occasioned by a default hereunder, the Prevailing Party shall be entitled to collect its reasonable attorneys' fees actually incurred in the action from the non-prevailing party at trial and all appellate levels. As used herein, the term "Prevailing Party" shall mean the party who receives substantially the relief sought. 14. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. The exclusive venue for any litigation arising out of this Agreement shall be Miami Dade County, Florida. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 15. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written relating to the subject matter hereof. 16. Grantor Representations. Grantor covenants, warrants and represents (i) that Grantor has the right, title and capacity to grant the perpetual easements granted herein, and (ii) there are no lienholders on the Property. 17. 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. The provisions of this Agreement shall constitute covenants running with the land, shall be binding upon the parties hereto, their successors and assigns, and shall inure to the benefit of the Grantee, its successors and/or assigns. 18. Miscellaneous. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. The parties to this Agreement have participated in the negotiation of this Agreement and have been represented by legal counsel (or have been afforded the opportunity to do so and have declined). Accordingly, this Agreement shall not be construed more strictly against any one of the parties hereto. The paragraph headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. With respect to words used in this Agreement, the singular shall include the plural, the plural the singular and use of any gender in this Agreement shall include all genders. Enforcement of the terms and provisions of this Agreement shall be at the reasonable discretion of the aggrieved party, and no waiver of any of the provisions of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such waiver shall only be applicable to the specific instance in which it relates and shall not be deemed to be a 5 continuing or future waiver. The Grantor agrees to execute such further documents as may be.reasonably requested by Grantee to carry out the intent and purpose of this Agreement. The invalidation of any one of these covenants or provisions of this Agreement by judgment or court order shall in no way affect any other provisions hereof, which shall remain in full force and effect to the maximum extent possible, consistent with such invalidation. rt-ii- Signed, witnessed, executed and acknowledged this V day of ��I tA , 2021. Signed, sealed and delivered in the presence of: Central Florida Investments, Inc., a Florida corporation Witness s: `11 h.ytk,iti, 4-- By: 1111‘ 0 , I /a David A. Siegel, President .4 PrintN ie: °be:omit SSI t) Print Name: e STATE OF no pi A A. ) ss: COUNTY OF O'rA. C ) The foregoing instrument was acknowledged before me by means of [physical presence or [J online notarization, this 6*Pti day of .SLi1� , 2021 David A. Siegel, as President, on behalf of Central Florida Investments, Inc., a Florida corporation, [ ] who is personally known 4o me or [ ] who has produced as identification. i.4.. My Commission Expires: Notary P lic, State oS/er ,0SLY Pue MARIA E SANTIAGO Commission#GG 133160 6244-0, � 1 :,7- Expires October 31,2021 9' OFF\.e Bonded ruBudgetNotarySa*ices 6 Signed, witnessed, executed and acknowledged this CI day of c1/445-r , 2021. Signed, sealed and delivered in the presence of: City of Miami Beach, Florida a Florida municipal corporation Witsses: iot"\a,/ By: ,� r Alin4—). Hudak, it nager 1`��(�A- PI NL50v Pri t ame: i2 f. 0.-4,51-'-.. Attest: „h�.•�.. "II \`�`\ B� 1104 ” r'Na tee: Rafael E. Granado, Clerk 3 , -- ,.. ':. *i INCORP ORATED: STATE OF FLORIDA ) 0‘.••• , COUNTY OF MIAMI-DADE ) ss: , CFI 26 ,y' The foregoing instrument was acknowledged before me by means of [physical presence or L] online notarization, this /7 day of All w s t , 2021 by Alina T. Hudak and Rafael E. Granado, as City Manager and City Clerk respectively, of the City of Miami Beach, a Florida municipal corporation, who are personally know to me or who have produced as identification. ' \ a'- ' My Commission Expires: otary Public, State of Florida t- ,... °`? UUACARDILLO :� .L. •�t MY CoMMISSIoN 0 GG 230433 'a..e-.. .v. EXPIRES:August 27 2022 .�",t ', Bonded TIuu Notary Public Underwriters Atorg/closings/Indian Creek Closings/Deed,sketches,maps/Template/2-1 1-2018/Easement template for C�rac;tp>;�-AS TO 2018 //y�ii''�r�r�� FORM & LANGUAGE 7 & FOR EXECUTION 0 — olloqtas �1 City Attorney Date Exhibit "A" Legal Description The parcel of land lying West of Indian Creek Drive, lying South of the North boundary of Lot 14, Block 22, extended Westerly to the mean high water line of Indian Creek Canal, and lying North of the.South boundary of Lot 17, Block 22, extended Westerly to the mean high water line of said Indian Creek Canal, of AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County, Florida. Folio No.: 02-3226-001-1470 8 J:1D OCS\rea115024\5024-4\00111738.DOC. Leonard Lubart, Partner �� � ,� PNC Building Greenspoon 200 East Broward Boulevard,Suite 1800 MarderLLP, Fort Lauderdale,- CELEBRATING FORTY YEARS TOGETHER Florida 33301 �Q�� JUL —$ :yli.s3;5F9IctPhone:954.491.1 120 Fax:954.771.9264 Direct Phone:954.343.6935 L'1 :N�1�� Direct Fax:954.343.6936 Email: leonard.lubart@gmlaw.com July 6, 2021 VIA FEDEX Gisela Nanson Torres Senior Assistant City Attorney City Attorney's Office City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 Re: 3427 Indian Creek Drive — Easement Dear Gisela: Attached please find the original, executed documents: 1. Closing Affidavit; 2. Corporate Resolution; and 3. Easement Agreement. Let me know if you have any questions or comments. Very truly yours, GREENSPOON MARDER LLP 0 _11 Leonard Lubart, Partner cc: Bryon Smith Lynn Bernstein Atlanta Boca Raton Chicago Denver Edison Ft.Lauderdale Las Vegas Los Angeles Miami Naples New York Orlando Portland Scottsdale Tallahassee Tampa West Palm Beach Closing Affidavit (Grantor of Easement) Before me,the undersigned authority,personally appeared the undersigned("Affiant"),who being by me first duly sworn, on oath,depose(s)and say(s)that: 1. Central Florida Investments,Inc.,a Florida corporation ("Grantor"),is the owner of,or has authority to convey the easement on the following described property to City of Miami Beach,a Florida municipal corporation ("Grantee"), to wit: The parcel of land lying West of Indian Creek Drive, lying South of the North boundary of Lot 14, Block 22, extended Westerly to the mean high water line of Indian Creek Canal, and lying North of the South boundary of Lot 17,Block 22,extended Westerly to the mean high water line of said Indian Creek Canal,of AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,according to the Plat thereof,as recorded in Plat Book 5,Page 7,of the Public Records of Miami-Dade County,Florida. 2. To the best of its knowledge,the above described property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description of record whatsoever, except for mortgage or mortgages, if any, described in the Deed and except for real estate and personal property taxes for the year 2020,which are not yet due and payable. 3. There have been no improvements, alterations, or repairs since acquisition by the Grantor to the above described property for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or improving the same, which remain unpaid since the acquisition by Grantor, and that there are no mechanic's, materialmen's,or laborer's liens since acquisition by Grantor against the above described property. 4. To the best of Grantor's knowledge, there have been no documents recorded in the Public Records of Miami-Dade County, Florida subsequent to May 21, 2021, which affect title to the Property and Grantor has not entered into any contracts for the sale, disposition or leasing of the Property since said date except as may have been disclosed to SUZANNE A. DOCKERTY, P.A. in writing, and Grantor has no knowledge of any matter affecting title to the Property. 5. The Grantor knows of no violations of Municipal or County Ordinances pertaining to the above described property.No judgment or decree has been entered in any court in this State or the United States against said Grantor which remains unsatisfied.There are no persons other than Grantor in possession of the above described property. 6. To the best of its knowledge, there are no matters pending against the Grantor that could give rise to a lien that would attach to the property between the effective date of commitment and the recording of the interest to be insured. Grantor has not and will not execute any instruments that would adversely affect the interest to be insured. 7. Grantor's title to, and possession and enjoyment of,the property have been open, notorious, peaceable and undisturbed, and have never been disputed nor questioned. 8. To the best of its knowledge, there are no disputes concerning the boundary lines of the property, and the operation of any buildings on said property has been in compliance with the applicable building codes,ordinances and statutes. 9. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable zoning laws concerning said property within the past ninety(90)days. 10. There are no actions or proceedings now pending in any State or Federal Court to which the Grantor is a party,including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens or executions of any nature which constitute or could constitute a charge or lien upon said property. 11. To the best of Grantor's knowledge,there are no unrecorded easements,claims of easement or rights-of-way affecting all or any portion of the property. 12. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced property and, for the purpose of inducing SUZANNE A. DOCKERTY, P.A. and Old Republic National Title File Number:«Closing» DoubleTime® Insurance Company to issue title insurance on the subject property for the easement,with the knowledge that said title companies are relying upon the statements set forth herein. Grantor hereby holds SUZANNE A. DOCKERTY, P.A. and Old Republic National Title Insurance Company harmless and fully indemnifies same(including but not limited to attorneys'fees,whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein. "Affiant", "Grantor" and "Grantee" include singular or plural as context so requires or admits. Grantor further states that Grantor is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Grantor further certifies that Grantor has read, or heard read, the full facts of this Affidavit and understands its context. Under penalties of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true. Central Florida Investments,Inc.,a Florida corporation By: David A. 'eget,President State of Fllomdek County of Q reuell e The foregoing instrument was swo and subscribed before by means of[ ysical presence or[_] online notarization, this 4 414. day of 2021 David A. Siegel, as President of Central Florida Investments, Inc., a Florida corporation. Who [y s personally known to me or [ ]has produced a driver's license as identification. Q.- [Notary Seal] eYPt/e, MARIA E SANTIAGO Notary Public _ %n Commission#GG 133160 "r F'47'- oe Expires October 31,2021 Printed Name: Q ria -SN a 4Lt 9lFpF FSO' Bonded Thru Budget NofarySerri:es S My Commission Expires: /0 .31, ilk Closing Affidavit(Seller)-Page 2 File Number:«Closing» DoubleTime® CORPORATE RESOLUTION OF CENTRAL FLORIDA INVESTMENTS, INC., A FLORIDA CORPORATION The undersigned certifies that at a meeting of all of the directors of Central Florida Investments, Inc., a Florida corporation held on 1U. t4 (4 :LO al , 2021, the following resolution was duly adopted and voted, and it is in full`force and effect and has not been rescinded or countermanded as of the date hereof: RESOLVED, that David A. Siegel, as President of Central Florida Investments, Inc., a Florida corporation is hereby authorized and directed to execute and deliver any and all such instruments, agreements, and such other documents and take such other action on behalf of Central Florida Investments, Inc. as may be necessary or appropriate to close on the conveyance of the property described in Exhibit A hereto and made a part hereof, and to otherwise carry out the transaction contemplated by or to be taken by Central Florida Investments, Inc. All documents shall be in such form as is deemed in the best interest of Central Florida Investments, Inc. in the opinion of David A. Siegel,whose determination thereof shall be conclusive and final. FURTHER RESOLVED, That the Conveyance described herein does not constitute all or substantially all of the assets of Central Florida Investments, Inc. CERTIFIED TO this .v day of I I 2021. Central Florida Investments,Inc., a Florida rpo ' n q(' `bk By: Witness Name: Nt ({M�j �(1,i,�Qalo Dav d A. Siegel, President Witness Name: barer.[) t cCgto4; 11 Exhibit "A" The parcel of land lying West of Indian Creek Drive, lying South of the North boundary of Lot 14, Block 22, extended Westerly to the mean high water line of Indian Creek Canal, and lying North of the South boundary of Lot 17, Block 22, extended Westerly to the mean high water line of said Indian Creek Canal, of AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County, Florida.