95-21835 Reso I h, R
RESOLUTION NO. 95-21835
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA GRANTING A
PERPETUAL EASEMENT TO THE CITY BY
WORLDINVEST JOINT VENTURE("WORLDINVEST")FOR
USE AS AN AT-GRADE PEDESTRIAN WALKWAY
APPROXIMATELY FIFTEEN FEET IN WIDTH RUNNING
ALONG THE DUNE LINE NEAR THE EASTERN
BOUNDARY OF THE PROPOSED IL VILLAGGIO PROJECT
("PROJECT") TO BE LOCATED SOUTH OF 15TH STREET
AND EAST OF OCEAN DRIVE; GRANTING A PERPETUAL
EASEMENT TO THE CITY BY JEFFERSON PLAZA
LIMITED ("JEFFERSON PLAZA") FOR USE AS AN AT-
GRADE PEDESTRIAN WALKWAY APPROXIMATELY
FIFTEEN FEET IN WIDTH RUNNING ALONG THE DUNE
LINE NEAR THE EASTERN BOUNDARY OF THE
PROPOSED THE STEPS PROJECT TO BE LOCATED
NORTH OF 15TH STREET AND EAST OF COLLINS
AVENUE; THE RELEASE OF A PRIOR EASEMENT HELD
BY THE CITY OVER A PORTION OF THE PROJECT; THE
GRANTING OF A PERPETUAL EASEMENT TO THE CITY
BY WORLDINVEST OVER A PORTION OF THE PROJECT
FOR PUBLIC ACCESS TO THE BEACH; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE TRI-
PARTY AGREEMENT BETWEEN WORLDINVEST,
JEFFERSON PLAZA, AND THE CITY WHICH PROVIDES
FOR,AMONG OTHER THINGS, THE AFOREMENTIONED
EASEMENTS AND THE DEVELOPMENT BY JEFFERSON
PLAZA OF A MODIFIED CUL-DE-SAC ON 15TH STREET
EAST OF OCEAN DRIVE,INCLUDING LANDSCAPING AND
LIGHTING,AND THE DEVELOPMENT BY WORLDINVEST
OF A PEDESTRIAN VEHICULAR ACCESSWAY AND DUNE
CROSSOVER WITH LANDSCAPING TO BE LOCATED ON
A PORTION OF THE PROJECT AND ON CITY PROPERTY,
RESPECTIVELY; AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE GRANT OF PERPETUAL
EASEMENT TO THE CITY BY WORLDINVEST FOR USE AS
A PUBLIC SIDEWALK ALONG THE WESTERN
BOUNDARY OF THE PROJECT.
WHEREAS, the City's Joint Design Review/Historic Preservation Board and Board of
Adjustment have approved, in concept,the proposed easements and public improvements associated
with the Il Villaggio Project, located south of 15th Street and east of Ocean Drive; and
. i„
WHEREAS,the City desires to improve vehicular and pedestrian access to the beach at 15th
Street in an attractive, well-designed manner; and
WHEREAS,the acceptance of the attached Tri-Party Agreement and Release of Easement
and the acceptance of a perpetual easement to the City by Worldinvest for use as a public sidewalk
sets in place the appropriate provisions to ensure the proper development and maintenance of these
easements and improvements.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
Section 1. The Mayor and City Commission approve the attached Tri-Party Agreement
and Release of Easement which provides for, among other things:
a) The granting of a perpetual easement to the City by
Worldinvest Joint Venture for use as an at-grade
pedestrian walkway across that certain parcel of land
approximately fifteen(15)feet in width running along
the dune line near the eastern boundary of the
proposed Il Villaggio Project to be located south of
15th Street and East of Ocean Drive; and
b) The granting of a perpetual easement to the City by
Jefferson Plaza Limited for use as an at-grade
pedestrian walkway across that certain parcel of land
approximately fifteen (15)feet in width running along
the dune line near the eastern boundary of the
proposed The Steps Project to be located north of
15th street and east of Collins Avenue; and
c) The release of a prior easement held by the City over
a portion of the 11 Villaggio Project and the granting of
a perpetual easement to the City by Worldinvest Joint
venture over a portion of the II Villaggio Project
commencing east of the cul-de-sac at the intersection
of 15th Street and Ocean Drive and continuing
eastward over the dune line for public access to the
beach; and
2
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d) The development by Jefferson Plaza Limited of a
modified cul-de-sac on 15th Street east of Ocean
Drive, including landscaping and lighting, and the
development by Worldinvest Joint Venture of a
pedestrian vehicular accessway and dune crossover
with landscaping to be located on a ten (10) foot
portion of the City property and a ten foot portion of
the II Villaggio Project.
Section 2. The Mayor and City Clerk are authorized to execute the attached Tri-Party
Agreement and Release of Easement and all necessary documents.
Section 3. The Mayor and City Commission approves the granting of a perpetual
easement to the City by Worldinvest Joint Venture for use as a public sidewalk across that certain
parcel of land along the western boundary of the proposed Il Villaggio Project to be located south
of 15th street and east of Ocean Drive.
Section 4. The Mayor and City Clerk are authorized to execute the attached Grant of
Perpetual Easement for Sidewalk Purposes.
PASSED and ADOPTED this 6th day of December , 1995.
MAYOR
ATTEST:
FORM APPROVED
` TY CLERK AL DEP
LEG T.
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Date
3
CITY OF MIAMI BEACH t!!!1:1_______
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. V ,115 ,QAJ --e-C
TO: Mayor Seymour Gelber and
Members of the City Commission DATE:
December 6, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT:
A Resolution of the Mayor and City Commission of the City
of Miami Beach, Florida Granting a Perpetual Easement to
the City by Worldinvest Joint Venture ("Worldinvest") for
Use as an At-Grade Pedestrian Walkway Approximately
Fifteen Feet in Width Running Along the Dune Line Near
the Eastern Boundary of the Proposed I1 Villaggio Project
("Project") to be Located South of 15th Street and East
of Ocean Drive; Granting a Perpetual Easement to the City
by Jefferson Plaza Limited ("Jefferson Plaza") for Use as
an At-Grade Pedestrian Walkway Approximately Fifteen Feet
in Width Running Along the Dune Line Near the Eastern
Boundary of the Proposed The Steps Project to be Located
North of 15th Street and East of Collins Avenue; the
Release of a Prior Easement Held by the City Over a
Portion of the Project; the Granting of a Perpetual
Easement to the City by Worldinvest Over a Portion of the
Project for Public Access to the Beach; Authorizing the
Mayor and City Clerk to Execute the Tri-Party Agreement
Between Worldinvest, Jefferson Plaza, and the City Which
Provides for, Among Other Things the Aforementioned
Easements and the Development by Jefferson Plaza of a
Modified Cul-De-Sac on 15th Street East of Ocean Drive,
Including Landscaping and Lighting, and the Development
by Worldinvest of a Pedestrian Vehicular Accessway and
Dune Crossover with Landscaping to be Located on a
Portion of the Project and on City Property,
Respectively; and Authorizing the Mayor and City Clerk to
Execute the Grant of Perpetual Easement to the City by
Worldinvest for Use as a Public Sidewalk Along the
Western Boundary of the Project.
RECOMMENDATION
The Administration recommends approval of the Tri-Party
Agreement and Release of Easement with regard to the properties
adjoining the eastern terminus of 15th Street and the cul-de-sac at
said terminus . There have been some minor revisions to address
concerns raised by the Public Works Department and by the City
AGENDA ITEM R 3
DATE i-2.---6-q S
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P
This instrument prepared by
and when recorded return to:
John C. Sumberg, Esq.
Rubin Baum Levin Constant
Friedman & Bilzin
2500 First Union Financial Center
Miami, Florida 33131-2336
GRANT OF PERPETUAL EASEMENT
WHEREAS, Jefferson Plaza, Ltd. , a Florida limited partnership
(the "Developer" ) is the owner of that certain property situate,
lying and being in Dade County, Florida, more particularly
described in Exhibit "A" attached hereto and incorporated herein
(the "Property") ; and
WHEREAS, a plan for the development of the Property (the
"Project" ) was approved by the Board of Adjustment of the City of
Miami Beach on August 26, 1994 under File No. 2394; and
WHEREAS, as a condition to the approval of the Project, The
City of Miami Beach, Florida (the "City" ) required that the
Developer grant a perpetual easement to the City for use as an at-
grade pedestrian walkway across that certain parcel of land
approximately fifteen (15) feet in width running along the dune
line near the eastern boundary of the Property, as such parcel is
more particularly described in Exhibit "B" attached hereto and
incorporated herein (the "Easement Parcel") ; and
WHEREAS, the City desires to construct an at-grade landscaped
pedestrian walkway on the Easement Parcel (the "Walkway") and the
Developer desires to dedicate a perpetual easement for public
purposes over the Easement Parcel .
NOW, THEREFORE, in consideration of Ten and No/100 Dollars
($10 . 00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Developer by these
presents does assign to the City, its successors and assigns, a
perpetual non exclusive easement over and across the Easement
Parcel for the purpose of a public walkway.
RUBIN/SYS:\DMS\72343\6199\0099471.02
January 4, 1996
1'
Provided, however, that the Developer hereby reserves all
right, title, interest and privilege and the full enjoyment of such
Easement Parcel and the use thereof for all purposes not
inconsistent with the use specified above.
The Developer and the City further agree to the following:
1 . The Developer hereby grants to the City a right and
license to come upon the Easement Parcel for the purposes
of constructing the Walkway according to the attached
survey.
2 . The City shall deliver notice of its intention to
commence construction of the Walkway to Developer at
least thirty (30) days prior to the date set for such
commencement .
3 . After construction of the Walkway, the City shall have
the sole responsibility and shall bear the total expense
for the maintenance of the Walkway, except for any re-
pairs or maintenance arising from the negligence of the
Property owner.
4 . The provisions of this Easement shall be binding on all
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the undersigned have cay,,ped this Grant of
Easement to be executed as of the /;, n") day of ��-AJV4 , 1996 .
WITNESSES: THE DEVELOPER:
JEFFERSON PLAZA, LTD. , a
Florida limited partnership
By: JEFFERSON PLAZA MANAGEMENT,
L.C. , a Florida limited
liability company, general
Partner
Sign Name: By:
Print Name: i J an-Marc enier, Manag
Sign Name : f�
Print Name : Al44..1 A2.(S)14cze7
0
f �Lt C.
RUBIN/SYS:\DMS\72343\6199\0099471.02 /� 'Y
January 4, 1996 Pa e 2 of 4 ?r' * o F tilo t-y
9
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NEREYDA C.DELGADO M! NEREYDA C.DELGADO
(:sY td:MMtSSION M Cf" fi=
u� MY COMMISSION 0 CC 392780
EXPIRES.0,:wt>r 4 `;;; EXPIRES:October 90.1998
,3r,'''' Bonded Thru Notary Public Unaervr+Haa ,R h, Banded Thru Notary Public Undenwdtera
WITNESSES: THE CITY:
THE CI OF MIAMI BE 4 H, a
munici f corporatio
Sign Name :?1,u0 A Vn BY:
Print Name : Kmber\\I A• Loh 1-e_ .ur e1 .- , fvt& or
Sign Name &1.. E (,l��G�<�,J ATTGJT
: 1/41.A.Ltat•Li .
w PotHet,
Print Name: Hc.a4-77/4 F
LEGAL D i.
STATE OF t 1 p ri i. ) By
COUNTY OF acl e ) Date V 3796
The foregoing instrument was acknowledged before me this
jcQ day of c4fU , 1996 by Jean-Marc Meunier, Manager of
Jefferson Plaza Manage ent, L.C. , a Florida limited liability
company, as general partner of Jefferson Plaza, Ltd. , on behalf of
the partnership. He is personally known to me or has produced
as identiication and who did (did not)
take an oath.
Y JTBLIC
, :rr'7,", NEREYDA C.DELGADO �J
'.,, MY COMMISSION/CC 392780
n % dTMiEXPIRES:October 30.me
deity , /
R 0' Bonded lbw Nobly Public Undetwrfbre /l!e r e
Typed oldPrinted Name of( Totary
My commission expires :
Serial No, if any
RUBIN/SYS:\DMS\72343\6199\0099471.02
January 4, 1996
Page 3 of 4
+•
STATE OF •FLORIDA
COUNTY OF DADE
The foregoing instrument was a' nowledged, }�eore me this
/(/ Ih day of TP tR Ar , 1996 by 4 ' dA„ • ,
of The City •' Miami Beach, a municipal
corporation, on behalf of the corporation. He is personally known
_ to me or has produced as i entification
and who did (did not) take an oath.
ARY m
• I !AL ARY SEAL
LILLIAN BEAUCHAMP
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO.CC347882
MY COMMISSION EXP.FEB.13,1998
Typed or Printed Name of Notary
My commission expires :
Serial No, if any
•
•
RUBIN/SYS:\DMS\72343\6199\0099471.02
January 4, 1996
Page 4 of 4
EXHIBIT "A"
LEGAL DESCRIPTION
All of Lots 1, 2 , 3 , 18 , 19, 20; and the South
1/2 of Lots 4 and 17 , all in Block 56 of
FISHER'S FIRST SUBDIVISION OF ALTON BEACH,
according to the plat thereof, recorded in
Plat Book 2 , Page 77 , of the Public Records of
Dade County, Florida
AND
A parcel of land adjacent to and immediately
East of the above described lands and more
particularly described as follows:
Beginning at the S.E. corner of said Lot 1,
Block 56, of "FISHER'S SUBDIVISION OF ALTON
BEACH" ; thence North 7 degrees 35 minutes 20
seconds East along the Easterly line of said
Block 56 for a distance of 177 .47 feet to the
Northeast corner of the South 1/2 of said Lot
4 , Block 56 ; thence North 88 degrees 00 minutes
23 seconds East along the Easterly extension
of the North line of said South 1/2 of Lot 4
for a distance of 195. 26 feet to a point on a
line known as the Erosion Control Line as
recorded in Plat Book 105, at Page 82 of the
Public Records of Dade County, Florida; thence
South 3 degrees 26 minutes 45 seconds West
along said Erosion Control Line also known as
the Bulkhead line as described in Ordinance No.
856 Section 1 of the City of Miami Beach,
recorded in Plat Book 74, at Page 4, of the
Public Records of Dade County, Florida; for a
distance of 175.78 feet; thence South 88
degrees 00 minutes 21 seconds West along the
Easterly extension of the South line of said
Lot 1, Block 56, for 208 . 14 feet to the Point
of Beginning, lying and being in the City of
Miami Beach, Dade County, Florida.
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ENRSSON CONTROL UNE N.0.727'OrE ai
RECORDED IN c..44.a ORD. A . 858 SEC. 1 21°44.
Atlantic Ocean SHEET 1 OF 2
Specific Purpose Survey ,
N CFI SURVEYING & MAFFINt Sketch to Accompany Legal Description
12360 3.11.
T' 019 $aO-aeoe. t z(aoa) ae'�o7 i'di S1°°
L0' Portion of "Fisher's First Subdivision
1 of Alton Beach" (P.B. 2, Pg. 77)
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Legal Description
A 15 foot wide strip of land being a portion of Lots 1, 2, 3, and 4 of
FISHER'S FIRST SUBDIVISION OF ALTON BEACH according to the Plat as recorded
in Plat Book 2, at page 77 of the Public Records of Dade County, and a
portion of the right of way of 15th Street, all being more particularly described as:
Commence at the Southwest corner of Lot 20, Block 56 of aforementioned P/at
of FISHER'S FIRST SUBDIVISION OF ALTON BEACH and proceed N88"00'47"E, along
the South line of said Lot 20, and along the South line of Lot 1, Block 56
for 593.07 feet; thence S03'27'07"W, 35. 16 feet,to the POINT OF BEGINNING
of the following described parcel; thence N88'00'47"E, 15.07 feet to the
Erosion Control Line as it is recorded in City of Miami Beach Ordinance No.
856, Section 1 ; thence, NOT27'07'E, along said Erosion Control Line,
210.94 feet; thence S88'00'47"W, along the South line of the North 1/2 of Lot
4, Block 56 of said Plat of FISHER'S FIRST SUBDIVISION OF ALTON BEACH,
15.07 feet; thence S0Y27'07"W, along a line parallel with and 15.00 feet
Westerly of, the aforementioned Erosion Control Line, 210.94 feet to the
POINT OF BEGINNING.
Surveyor's Notes
1) THIS IS NOT A LAND SURVEY.
2) The specific and ONLY purpose for this drawing is to graphically depict
the included legal description.
3) Bearings shown hereon relate to the centerline of 15th Street which
bears N88'00'47"E.
4) This Survey is not valid unless it bears the signature and embossed
seal of the surveyor.
THIS IS TO CERTIFY that this SPECIFIC PURPOSE SURVEY is
accurate to the best of my knowledge. l FURTHER CERTIFY
that this survey meets the Minimum Technical Standards as
set forth by the Florida Board of Land Surveyors in Chapter
61G17-6. Florida Administrative Code.
By:
W iam 0. High
Professional Land Surveyor No. 4632
State of Florida SHEET 2 OF 2
Specific Purpose Survey
II CIF SURVEYING & MAPPING Sketch to Accompany Legal Description
12980 3.w. 192ad Cott. sotto ale, Maud. Florida 3$1se
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TRI-PARTY AGREEMENT AND RELEASE OF EASEMENT
THIS TRI-PARTY AGREEMENT AND RELEASE OF EASEMENT (this
"Agreement" ) is made as of the day of Fe_bruckr ii , 1996 , h'
and among WORLDINVEST JOINT VENTURE, a Florida general partnership
( "Worldinvest" ) , JEFFERSON PLAZA LIMITED, a Florida limite(
partnership ( "Jefferson" ) and THE CITY OF MIAMI BEACH, a municipal
corporation of the State of Florida (the "City" ) .
W I T N E ., F A:
A. Worldinvest : , develop a project in the City of
Miami Beach, Dade 'unnt'y ..'lorida (the "Worldinvest Project" ) , on
property bordered i.rr the west by Ocean Drive, on the north by 15th
Street, on the ea.it by the Atlantic Ocean, and on the south by
Lummus Park, which property is more particularly described in
Exhibit "A" attached hereto and made a part hereof (the
"Worldinvest Property" ) .
B. Jefferson proposes to develop a project in the City of
Miami Beach, Dade County, Florida (the "Jefferson Project" ) , on
property bordered on the west by Collins Avenue, on the south by
15th Street, on the east by the Atlantic Ocean, and on the north by
a line parallel to the south boundary commencing at a point on
Collins Avenue on the west 177 . 52 ' north of the southerly boundary
along Collins Avenue, which property is more particularly described
in Exhibit "B" attached hereto and made a part hereof (the
"Jefferson Property" ) .
C . The City holds title to 15th Street from Ocean Drive east
to a line running between the S . E . corner of Lot 1, Block 56 and
the N. E. corner of Lot 2 , Block 77 of FISHER' S FIRST SUBDIVISION of
Alton Beach, recorded in Plat Book 2 , Page 77 of the Public Records
of Dade County, Florida, currently improved with a roadway and cul-
de-sac, which property is more particularly described in Exhibit
"C" attached hereto and made a part hereof (the "Cul-de-Sac" ) as
well as the north half of 15th street from the east end of the Cul-
de-Sac to the erosion control line (the "City Property" ) .
D. The Worldinvest Property is subject to that certain
Declaration of Easement and Right of Use by Indeco Holdings
Limited, prior owner of the Worldinvest Property, dated December
31 , 1981 , and recorded in Official Records Book 11522 , Page 102 and
re-recorded in Official Records Book 11674 , Page 118 and re-
recorded on June 23, 1983 in Official Records Book 11827 , Page
3213, of the Public Records of Dade County, Florida (the "Original
Easement" ) . The Original Easement granted the City, among other
things , an easement over a portion of the Worldinvest Property for
pedestrian use for access to the beach and ocean front area, which
easement area consists of approximately 35 + feet of the
Worldinvest Property from the east end of the Cul-de-Sac to the
erosion control line, which easement area is more particularly
described in Exhibit "D" attached hereto and made a part hereof
(the "Original Easement Area" ) .
E . Worldinvest and Jefferson desire to cooperate with each
other and the City in connection with the development and
maintenance of the Cul-de-Sac located between the Worldinvest
Property and the Jefferson Property.
F. Worldinvest and Jefferson desire to cooperate with each
other and the City in the development and maintenance of a
pedestrian and vehicular accessway and dune crossover to be located
on the combined area of an approximate ten ( 10) foot portion of
the City Property, (which portion is legally described in Exhibit
"C-1" attached hereto and made a part hereof and hereinafter
referred to as the "City Accessway" ) and an approximate ten ( 10 )
foot portion of the Original Easement Area, (which portion is
legally described in Exhibit "E" attached hereto and made a part
hereof and hereinafter referred to as the "Easement Area" ) and to
terminate the Original Easement.
G. Worldinvest proposes to form one or more condominium
associations and/or a property owners association (the "Worldinvest
Associations" ) ; in such event, Worldinvest intends to assign its
rights and obligations under this Agreement to the Worldinvest
Association, which shall assume all obligations of Worldinvest
under this Agreement.
H. Jefferson proposes to form one or more condominium
associations and/or a property owners association (the "Jefferson
Association" ) ; in such event, Jefferson intends to assign its
rights and obligations under this Agreement to the Jefferson
Association, which shall assume all obligations of Jefferson under
this Agreement .
NOW, THEREFORE, Worldinvest, Jefferson and the City hereby
agree as follows :
1 . Recitals . The recitals are true and correct and
incorporated herein by this reference.
2 . Cul-de-Sac Modifications . Jefferson has requested
authorization from the City and Worldinvest to modify the size,
-2-
shape and position of the Cul-de-Sac (the "Cul-de-Sac Location" )
and to make certain other improvements to the Cul-de-Sac . The City
and Worldinvest agree that Jefferson is authorized to modify the
Cul-de-Sac Location as shown on Exhibit "F" attached hereto and
made a part hereof . In addition to modifying the Cul-de-Sac
Location in accordance with Exhibit "F" , the City and Worldinvest
agree that Jefferson may develop and construct the Cul-de-Sac in
accordance with a plan which provides for landscaping, lighting and
the materials to be utilized, (the "Cul-de-Sac Plan" ) . The Cul-de-
Sac Plan shall be subject to the reasonable approval of the City
and Worldinvest . Approval shall be granted or denied within thirty
( 30) days of receipt of the Cul-de-Sac Plan. Upon approval of the
Cul-de-Sac Plan, Jefferson shall provide a legal description and
sketch of survey which describes the modified area of the Cul-de-
Sac (the "Cul-de-Sac Area" ) . It is understood by the parties that
the Cul-de-Sac Area may contain portions of the City Property and
portions of the Original Easement Area . Upon approval of the legal
description and sketch of survey of the Cul-de-Sac Area by
Worldinvest and the City, the legal description of the City
Accessway and the Easement Area shall be revised by Worldinvest to
reflect the actual location Cul-de-Sac Area . Thereafter, upon
final approval by the City, the revised legal descriptions of the
Cul-de-Sac Area, the City Accessway and the Easement Area shall be
recorded as exhibits to an amendment to this Agreement .
Jefferson shall complete such Cul-de-Sac modifications and
improvements in accordance with the Cul-de-Sac Plan (the "Cul-de-
Sac Improvements" ) within twenty four (24) months from the date of
this Agreement. Jefferson shall be solely responsible for all
costs of construction, including all permits and professional fees
for the Cul-de-Sac Improvements . Jefferson will coordinate all
work related to the Cul-de-Sac with Worldinvest to assure that
there is no interruption to any activities occurring on the
Worldinvest Property. Jefferson shall give Worldinvest and the
City thirty ( 30 ) days notice prior to commencing construction of
any Cul-de-Sac Improvements .
Jefferson and Worldinvest shall have the right to install
signage and other related improvements in the Cul-de-Sac Area at
the cost of the party requesting the signage. Such signage shall
be approved by the City and shall, if applicable, be subject to the
terms of any revocable permits required. Worldinvest shall have
the right to approve any signage to be placed in the Cul-de-Sac
Area by Jefferson and Jefferson shall have the right to approve any
signage to be placed in the Cul-de-Sac Area by Worldinvest.
All Cul-de-Sac Improvements, including each party' s signage,
shall be approved by all governmental entities having jurisdiction
and shall be constructed in accordance with all applicable federal,
state and local laws , ordinances, regulations , rules and
restrictions .
-3-
3 . Security for Cul-de-Sac Improvements . Jefferson shall
prepare and submit to Worldinvest and the City, within ninety ( 90 )
days of the date of this Agreement, a complete budget containing
all costs and expenses for the construction of the Cul-de-Sac
Improvements , including, but not limited to, all costs which may be
incurred in obtaining permits and approvals from applicable
governmental authorities, including the retention of consultants
and attorneys ; the cost of the preparation of all plans and
specifications, engineering studies, site preparation and every
other expense normally incurred for the construction of similar
improvements (the "Cul-de-Sac Budget" ) . The submittal shall
include all documentation reasonably necessary to support the
amounts contained in the Cul-de-Sac Budget, including, but not
limited to, bids from the contractor(s) qualified to complete the
work. The approval of the Cul-de-Sac Budget by Worldinvest and the
City shall not be unreasonably withheld and shall be granted or
denied within ten ( 10) days of the date of receipt. Within sixty
( 60) days of approval of the Cul-de-Sac Budget by Worldinvest and
the City, Jefferson shall secure, in form and content reasonably
acceptable to Worldinvest and the City, a performance, labor and
material bond for one hundred and fifty percent ( 150% ) of the
amount of the Cul-de-Sac Budget (the "Cul-de-Sac Security" ) . The
Cul-de-Sac Security shall be delivered to, and held by, the
attorney for Worldinvest. The Cul-de-Sac Security shall provide
for payment to Worldinvest in the event the Cul-de-Sac Improvements
are not completed within twenty four (24 ) months of the date of
this Agreement . At the expiration of the twenty fourth (24th)
month, Worldinvest shall notify Jefferson of its intent to make a
claim against the Cul-de-Sac Security and Jefferson shall have
thirty ( 30 ) days from receipt of such notice to complete the Cul-
de-Sac Improvements .
In the event the Cul-de-Sac Improvements are not completed
within said twenty four (24 ) months plus the applicable cure
period, Worldinvest shall , within ninety ( 90) days of the date of
receipt of the proceeds of the Cul-de-Sac Security, commence
construction of the Cul-de-Sac Improvements in accordance with the
approved plan and budget and proceed to complete said improvements
in an expeditious manner. In the event Worldinvest does not
commence the Cul-de-Sac Improvements within the ninety ( 90) day
period, or abandons work on the Cul-de-Sac Improvements for a
period of sixty ( 60) days or more, the total proceeds of the Cul-
de-Sac Security realized by Worldinvest, or any amount remaining in
the event work on the Cul-de-Sac Improvements had commenced but was
abandoned, shall be immediately payable to the City and the City
may commence and complete the Cul-de-Sac Improvements, or, in the
City' s discretion, utilize the Cul-de-Sac Security to contract for
completion of the Cul-de-Sac Improvements . When the Cul-de-Sac
Improvements have been completed, the Cul-de-Sac Security, or any
amount of said security which was not utilized in connection with
the Cul-de-Sac Improvements, shall be returned to Jefferson or
released, as applicable.
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4 . Cul-de-Sac Maintenance. Jefferson shall at all times
maintain in good repair, operate, manage, insure, and replace as
often as necessary the Cul-de-Sac Improvements , including
landscaping, paving, drainage structures, private roads , street
lighting fixtures and appurtenances located within public and
private rights-of-way, except public utilities . Jefferson shall be
solely responsible to initiate and perform all such obligations as
to the Cul-de-Sac Improvements . In the event Jefferson fails to
perform such maintenance, repairs or replacement to the Cul-de-Sac
Improvements on the Cul-de-Sac Area, Worldinvest shall give written
notice to Jefferson and the City of such failure and in such notice
shall specify what maintenance, repairs or replacement is required.
In the event Jefferson fails to commence and diligently pursue such
maintenance, repairs or replacement within ninety ( 90) days from
receipt or refusal of notice, Worldinvest shall have the right but
not the obligation to initiate such maintenance, repairs or
replacement in accordance with the provisions of Paragraph 8
hereof . In the event both Jefferson and Worldinvest fail to
perform such maintenance, repairs or replacement in accordance with
the provisions of Paragraph 8 hereof, then the City may initiate
such maintenance, repairs or replacement to the Cul-de-Sac
Improvements in the Cul-de-Sac Area and all expenses and costs
associated therewith, including but not limited to interest, costs
of collection, and attorneys fees, shall become a lien of first
priority in favor of the City against the Jefferson Property.
5 . Joint Accessway Improvements . Worldinvest and Jefferson
shall develop a twenty ( 20) foot wide emergency
vehicular/pedestrian accessway on the combined area of the City
Accessway and the Easement Area (collectively the "Joint
Accessway" ) . The Joint Accessway will be created with pavers ,
bordered on both the north and south side by trees and lighted,
subject to approval by the State of Florida. There will be an
opening in the southern line of trees for emergency and utility
vehicles to access the rear of the Worldinvest Property.
Worldinvest shall complete such Joint Accessway improvements in
accordance with such plans and specifications created by
Worldinvest and approved by the City and Jefferson ( "Joint
Accessway Improvements" ) within twenty four (24 ) months from the
date of this Agreement. Approval of the plans for the Joint
Accessway Improvements by Jefferson and the City shall not be
unreasonably withheld or delayed. Jefferson and Worldinvest shall
each be responsible for one half of the cost of the Joint Accessway
Improvements .
All Joint Accessway Improvements shall be approved by all
governmental entities having jurisdiction and shall be constructed
in accordance with all applicable federal, state and local laws,
ordinances, regulations, rules and restrictions as well as any
covenants contained in any agreement with other land owners , any
property owners ' associations or governmental entities .
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6 . Security for Joint Accessway Improvements . Worldinvest
shall prepare and submit to Jefferson and the City, within ninety
( 90) days of the date of this Agreement, a complete budget
containing all costs and expenses for the construction of the Joint
Accessway Improvements , including, but not limited to, all costs
which may be incurred in obtaining permits and approvals from
applicable governmental authorities, including the retention of
consultants and attorneys; the cost of the preparation of all plans
and specifications, engineering studies , site preparation and every
other expense normally incurred for the construction of similar
improvements (the "Joint Accessway Budget" ) . The submittal shall
also include all documentation reasonably necessary to support the
amounts contained in the Joint Accessway Budget, including, but not
limited to, bids from contractor( s) qualified to complete the work.
The approval of the Joint Accessway Budget by Jefferson and the
City shall not be unreasonably withheld and shall be granted or
denied within ten ( 10) days of the date of receipt. Within sixty
( 60) days of approval of the Joint Accessway Budget by Jefferson
and the City, Worldinvest and Jefferson shall each secure, in form
and content reasonably acceptable to the other party and the City,
a performance, labor and material bond for one half of one hundred
and fifty percent ( 150%) of the amount of the Joint Accessway
Budget (hereafter respectively referred to as the "Worldinvest
Accessway Security and the Jefferson Accessway Security" ) . The
Worldinvest Accessway Security shall be delivered to, and held by,
the Attorney for Jefferson and the Jefferson Accessway Security
shall be delivered to, and held by, the attorney for Worldinvest.
The Worldinvest Accessway Security shall provide for the payment to
Jefferson of the total amount of the security in the event the
Joint Accessway Improvements are not completed within twenty four
( 24 ) months of the date of this Agreement . At the expiration of the
twenty fourth ( 24th) month, Jefferson shall notify Worldinvest of
its intent to make a claim against the Joint Accessway Security and
Worldinvest shall have thirty ( 30) days from receipt of such notice
to complete the Joint Accessway Improvements .
Within ninety ( 90) days of the date of Jefferson' s receipt of
the proceeds of the Worldinvest Accessway Security, Jefferson
shall commence construction of the Joint Accessway Improvements and
shall proceed to complete said improvements in an expeditious
manner. In the event Jefferson does not commence the Joint
Accessway Improvements within the ninety ( 90 ) day period, or
abandons work on the Joint Accessway Improvements for a period of
sixty ( 60 ) days or more, the total proceeds of the security
realized by Jefferson from the Worldinvest Accessway Security, or
any amount remaining in the event work on the Joint Accessway
Improvements had commenced but was abandoned, shall , together with
the total amount of the Jefferson Accessway Security, be
immediately payable to the City and the City may commence and
complete the Joint Accessway Improvements or, in the City' s
discretion, utilize the Worldinvest Accessway Security and the
Jefferson Accessway Security to contract for the completion of the
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Joint Accessway Improvements . If Worldinvest completes the Joint
Accessway Improvements within the twenty four ( 24 ) month period,
Worldinvest will send Jefferson notice of the completion date and
Jefferson will pay one half of the actual cost of the Joint
Accessway Improvements, said payment shall be due within fifteen
( 15 ) days of the date of Jefferson' s receipt of the notice that the
work has been completed. In the event the actual cost of the Joint
Accessway Improvements exceed the Joint Accessway Budget by more
than ten ( 10%) percent and such overage shall not have been
previously approved by Jefferson in writing, then Jefferson ' s
liability for payment shall be limited to one half ( 1/2 ) of the
amount of the Joint Accessway Budget plus ten ( 10% ) percent. When
the Joint Accessway Improvements have been completed both the
Worldinvest Accessway Security and the Jefferson Accessway
Security, or any amount remaining under said security shall be
returned to the party having posted said security, or released, as
applicable. In the event Jefferson does not pay the full amount
when due, Worldinvest shall be entitled to the proceeds of the
Jefferson Accessway Security to the extent of one half ( 1/2 ) of the
actual cost of the Joint Accessway Improvements .
7 . Joint Accessway Maintenance. Worldinvest shall at all
times maintain in good repair, operate, manage, insure, and replace
as often as necessary the Joint Accessway Improvements , including
landscaping, paving, drainage structures, private roads, street
lighting fixtures and appurtenances located within public and
private rights-of-way, except public utilities . Worldinvest shall
initiate and perform all such obligations as to any Joint Accessway
Improvements . In the event Worldinvest fails to perform such
maintenance, repairs or replacement to the Joint Accessway
Improvements, Jefferson shall give written notice to Worldinvest
and the City of such failure and in such notice shall specify what
maintenance, repairs or replacement is required. In the event
Worldinvest fails to commence and diligently pursue such
maintenance, repairs or replacement within ninety ( 90 ) days from
receipt or refusal of notice, Jefferson shall have the right but
not the obligation to initiate such maintenance, repairs or
replacement in accordance with the provisions of Paragraph 8
hereof . In the event both Worldinvest and Jefferson fail to
perform such maintenance, repairs or replacement in accordance with
the provisions of Paragraph 8 hereof, then the City may initiate
such maintenance, repairs or replacement to the Joint Accessway
Improvements and all expenses and costs associated therewith,
including but not limited to interest, costs of collection, and
attorneys fees , shall become a lien of first priority in favor of
the City against the Worldinvest Property.
8 . Failure to Perform; Damage During Construction.
(a) In the event Worldinvest or Jefferson fails to
perform any of their respective maintenance obligations under this
Agreement, the other party ( "initiating party" ) shall give the
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party wl..ich has failed to perform notice of its intent to perform
maintenance, repair or replacement of the Cul-de-Sac Improvements
or Joint Accessway Improvements at least thirty ( 30 ) days prior to
the date such maintenance, repair or replacement activities are
scheduled to commence. Said notice shall include a complete
description of the scope and the cost of such activities as well as
the name of the contractor or other source that will be performing
the work. In the event the other party objects to the costs
outlined in the notice, said objecting party may procure a lower
bid to perform the same work from an alternative financially
responsible contractor or source and may submit such bid to the
initiating party with its notice of objection sent prior to the
expiration of the thirty ( 30) day period. The initiating party
shall have the option of utilizing the contractor or source that
submitted the lower bid to do the work or, if the initiating party
desires to utilize the contractor or source specified in their
notice, the objecting party is only liable for payment of the lower
bid.
(b) Each party shall be liable for the implementation
and the full cost of any maintenance, repair or replacement
required by virtue of its negligent use of the Cul-de-Sac Area or
Joint Accessway or required in connection with the utilization of
the Cul-de-Sac Area or Joint Accessway during the period of
construction of their respective projects or for the installation
or maintenance of public utilities in connection with such
construction.
( c) In the event of an emergency which threatens the
health, safety or property of those persons using the Cul-de-Sac
Area or Joint Accessway, or if required by governmental authority,
either Worldinvest or Jefferson may initiate and perform all such
maintenance, repair or replacement on or to the Cul-de-Sac Area or
Joint Accessway and shall be entitled to contribution from the
party responsible for the maintenance and repair of such Cul-de-Sac
or Joint Accessway Improvements .
9 . Reimbursement .
(a) Jefferson shall reimburse Worldinvest not less
frequently than quarterly for fifty ( 50% ) percent of the actual and
estimated costs of maintenance, management, operation, insurance,
repair and replacement of the Joint Accessway Improvements ,
including by not limited to the costs of all utilities, gardening
and other services benefitting the Joint Accessway Improvements;
the costs of multi-peril, casualty and liability insurance and
other insurance covering or connected with the Joint Accessway and
Joint Accessway Improvements ; any taxes paid by Worldinvest for the
Joint Accessway or Joint Accessway Improvements, including real
property taxes for the City Accessway but excluding real property
taxes for the Easement Area ( "Joint Accessway Reimbursement" ) .
Worldinvest shall prepare and deliver to Jefferson on or before
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January 1 of each year a budget setting forth the estimated costs
of all expenses included in the Joint Accessway Reimbursement,
together with an accounting of income received and expenditures
made by Worldinvest for the prior year for maintenance, management,
operation, insurance, repair and replacement of the Joint Accessway
Improvements .
(b) Worldinvest shall reimburse Jefferson not less
frequently than quarterly for fifty ( 50% ) percent of the actual and
estimated costs of maintenance, management, operation, insurance,
repair and replacement of the Cul-de-Sac Improvements, including
but not limited to the costs of all utilities, gardening and other
services benefitting the Cul-de-Sac Improvements; the costs of
multi-peril , casualty and liability insurance and other insurance
covering or connected with the Cul-de-Sac Area and Cul-de-Sac
Improvements; any taxes paid by Jefferson for the Cul-de-Sac Area
and Cul-de-Sac Improvements, including real property taxes ( "Cul-
de-Sac Reimbursement" ) . Jefferson shall prepare and deliver to
Worldinvest on or before January 1 of each year a budget setting
forth the estimated costs of all expenses included in the Cul-de-
Sac Reimbursement, together with an accounting of income received
and expenditures made by Jefferson for the prior year for
maintenance, management, operation, insurance, repair and
replacement of the Cul-de-Sac Improvements .
10 . Creation of the Lien and Personal Obligation for
Reimbursements .
(a) Each owner of the Jefferson Property or any
condominium unit created thereon by acceptance of a deed therefor,
whether or not it shall be so expressed in any such deed or other
conveyance, covenants and agrees, and shall be deemed to covenant
and agree, to pay its share of Joint Accessway Reimbursement, as
provided herein. All such Joint Accessway Reimbursements shall be
fixed, established and collected from time to time as hereinafter
provided.
(b) Each owner of the Worldinvest Property or any
condominium unit created thereon by acceptance of a deed therefor,
whether or not it shall be so expressed in any such deed or other
conveyance, covenants and agrees, and shall be deemed to covenant
and agree, to pay its share of Cul-de-Sac Reimbursement, as
provided herein. All such Cul-de-Sac Reimbursements shall be
fixed, established and collected from time to time as hereinafter
provided.
(c) The Joint Accessway Reimbursements or Cul-de-Sac
Reimbursements , as applicable, shall be referred to as
"Reimbursements" . Reimbursements shall be due and payable
quarterly on January 1, April 1, July 1 and October 1 of each year
unless Jefferson and Worldinvest shall agree otherwise in writing
to different intervals of collecting Reimbursements . All
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Reimbursements, interest, penalties, fines, attorneys ' fees and
other sums provided for herein shall accrue to the benefit of the
party to whom the Reimbursement ( "Assessing Party" ) is due . If the
installments of Reimbursements are not paid on the dates when due,
then such installments shall become delinquent and shall, together
with late charges, interest and the cost of collection thereof as
hereinafter provided, thereupon become a continuing lien on the
property of the non Assessing Party (hereinafter sometimes referred
to as the "Property" ) which shall bind such Property, the then
owner, its heirs, personal representatives, successors and assigns .
Except as provided in Paragraph 10, the personal obligation of the
then owner of the Property to pay such Reimbursement shall pass to
its successors in interest and recourse may be had against either
or both.
(d) In the event a Property has been further subdivided
into condominium units, then the share of the Reimbursements ,
together with late charges , interest and costs of collection, shall
be allocated to each condominium unit in accordance with the terms
of the declaration of condominium creating the units and shall be
a charge on and continuing lien upon the condominium unit against
which the Reimbursement is made. Each such Reimbursement, together
with late charges, interest and costs of collection thereof as
hereinafter provided, shall also be the personal obligation of all
owner(s) of such condominium unit from time to time. With respect
to the Jefferson Property, all Reimbursements will be allocated
twenty percent (20%) to the commercial portion of the Jefferson
Project and eighty percent ( 80% ) to the residential condominium
portion of the Jefferson Project. The eighty percent ( 80% )
allocated to the condominium portion of the Jefferson Project shall
be assessed to each unit in proportion to the unit ' s undivided
ownership interest in the condominium. For example, a $1 , 000 . 00
Reimbursement would be allocated and constitute a lien in the
amount of $200 . 00 on the commercial portion of the Jefferson
Project and the remaining $800 . 00 would be allocated among the
condominium units . If a particular condominium unit ' s share were
one percent ( 1% ) of the Jefferson condominium, its proportionate
share of the Reimbursements and the amount of the lien on that unit
would be eight dollars ($8 . 00) . Only the proportionate share of
the Reimbursement allocated to each unit (or the commercial portion
of the Jefferson Project) will be a lien on the unit (or on the
commercial portion of the Jefferson Project) , and payment of the
allocable share of the Reimbursement will release the applicable
condominium unit (or the commercial portion of the Jefferson
Project) from the Reimbursement lien. With respect to the
Worldinvest Property, all Reimbursements will be allocated thirty
percent ( 30% ) to the commercial portion of the Worldinvest Project
and seventy percent ( 70% ) to the residential condominium portion of
the Worldinvest Project . The seventy percent (70% ) allocated to
the condominium portion of the Worldinvest Project shall be
assessed to each unit in proportion to the unit ' s undivided
ownership interest in the condominium. For example, a $1 , 000 . 00
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Reimbursement would be allocated and constitute a lien in the
amount of $300 . 00 on the commercial portion of the Worldinvest
Project and the remaining $700 . 00 would be allocated among the
condominium units . If a particular condominium unit ' s share were
one percent ( 1% ) of the Worldinvest condominium, its proportionate
share of the Reimbursement and the amount of the lien on that unit
would be seven dollars ( $7 . 00 ) . Only the proportionate share of
the Reimbursement allocated to each unit (or the commercial portion
of the Worldinvest Project) will be a lien on the unit (or on the
commercial portion of the Worldinvest Project) , and payment of the
allocable share of the Reimbursement will release the applicable
condominium unit (or the commercial portion of the Worldinvest
Project) from the Reimbursement lien. Except as provided in
Paragraph 10, the personal obligation of the then owner to pay such
Reimbursement shall pass to its successors in interest and recourse
may be had against either or both. Notwithstanding anything to the
contrary contained in this Agreement, no lien or debt against a
condominium unit for such Reimbursement shall exist or be deemed
effective or binding upon successors in interest or mortgagees ,
including any lien in favor of the City created pursuant to
Paragraphs 4 and 7 above, unless it is recorded in the public
records of Dade County, Florida at least fifteen ( 15 ) days prior to
the recording of any such transfer or mortgage.
(e) All sums due shall bear interest from the dates when
due until paid at the highest lawful rate (or, if there is no
highest lawful rate, 18% per annum) . The Assessing Party may bring
an action at law against the owner( s ) personally obligated to pay
the same or may record a claim of lien (as evidence of its lien
rights as hereinabove provided for) against the Property or
condominium unit on which the Reimbursements are unpaid, or may
foreclose the lien against the Property or condominium unit on
which the Reimbursements and late charges are unpaid, or pursue one
or more of such remedies at the same time or successively.
Attorneys ' fees and costs of preparing and filing the claim of lien
and the complaint ( if any) in such action, and in prosecuting same,
shall be added to the amount of such Reimbursements, interest and
late charges . In the event a judgment is obtained, such judgment
shall include all such sums as above provided and reasonable
attorneys ' fees actually incurred in the applicable action together
with the costs of the action, and the Assessing Party shall be
entitled to reasonable attorneys ' fees in connection with any
appeal of any such action. The Assessing Party shall have such
other remedies for collection and enforcement of Reimbursement as
may be permitted by applicable law. All remedies are intended to
be and shall be cumulative.
11 . Capital Improvement Reimbursements . "Capital Improvement"
shall mean the replacement, installation, construction or
reconstruction of any Joint Accessway Improvement or Cul-de-Sac
Improvement after such Joint Accessway Improvement or Cul-de-Sac
Improvement has been constructed in accordance with Paragraph 2 or
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5, as applicable. In addition to the Joint Accessway Reimbursement
or Cul-de-Sac Reimbursement, the applicable Assessing Party may
levy, from time to time, a Capital Improvement Reimbursement for
the purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement of a Capital
Improvement ( including fixtures and personal property related
thereto) ; provided that the cost of such Capital Improvements does
not exceed in the aggregate $20, 000 . 00 per year without the prior
written consent of the owner of the Property being assessed or the
applicable Association. It is the intent of this Paragraph that
any Capital Improvement having a cost of less $20, 000 shall be paid
as follows : 50% shall be paid for by Reimbursements assessed by
the Assessing Party and the balance of which shall be paid by the
Assessing Party. It is understood and agreed that maintenance,
repair or replacement necessitated by emergency or governmental
requirements , as provided in paragraph 8(c) above, shall not be
subject to the $20, 000 Capital Improvement cap.
12 . Subordination of the Lien. The lien of the Reimbursement
provided for in this Agreement shall be subordinate to real
property tax liens , any liens in favor of the City and to the lien
of any first Mortgage recorded prior to recordation of a claim of
lien; provided, however, that in cases where the Assessing Party is
the City, the aforesaid subordination shall not apply to the City
and the lien of any Reimbursement due to the City shall be in the
nature of, and rank on a parity with, other liens in favor of the
City. In the event of a foreclosure of such a first mortgage, any
purchaser at a foreclosure sale, or any such first mortgagee
acquiring a deed in lieu of foreclosure, and all persons claiming
by, through or under any such purchaser or such first mortgagee,
shall hold title subject to the liability and lien of any
Reimbursement coming due after such foreclosure (or conveyance in
lieu of foreclosure) . The order of priority of liens hereunder
shall be: real property tax liens, liens in favor of the City and
liens in favor of the City for Reimbursements , first mortgage
liens, liens for Reimbursements in favor of Worldinvest or
Jefferson, liens for assessments by property owners associations
and liens for assessments by condominium associations . Any unpaid
Reimbursement which cannot be collected as a lien against any
Property or condominium unit by reason of the provisions of this
Paragraph shall be deemed to be a Reimbursement divided among,
payable by and a lien against the Property as to which the
foreclosure (or conveyance in lieu of foreclosure) took place or by
all condominium units in the condominium. In the event only a
portion of the Reimbursements are collected, the amount collected
shall be applied to Reimbursements, then to those of the
Associations .
13 . Collection of Reimbursements . In the event a Property
has been further subdivided into condominium units or is subject to
a property owners association, then the Assessing Party may
delegate to the applicable association, the obligation to collect
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the Reimbursements levied pursuant hereto and to remit the
Reimbursements to the Assessing Party.
14 . Liability Insurance.
(a) Worldinvest shall carry and maintain comprehensive
public liability insurance covering injuries to persons and
property on, in or about the Joint Accessway Improvements for not
less than $1, 000, 000 . 00 for injuries to persons, and $500, 000 . 00
for damages to property, the premiums for which shall be included
in the Joint Accessway Reimbursement. Each such policy or policies
of insurance shall name Jefferson, the City, the Associations
operating on the Jefferson Property and any first mortgagee as
additional insureds thereunder, as their interests may appear. The
City shall have the right to specifically enforce this provision.
(b) Jefferson shall carry and maintain comprehensive
public liability insurance covering injuries to persons and
property on, in or about the Cul-de-Sac Improvements for not less
than $1, 000, 000 . 00 for injuries to persons, and $500 , 000 . 00 for
damages to property, the premiums for which shall be included in
the Cul-de-Sac Reimbursement. Each such policy or policies of
insurance shall name Worldinvest, the City, the Associations
operating on the Worldinvest Property and any first mortgagee as
additional insureds thereunder, as their interests may appear. The
City shall have the right to specifically enforce this provision.
15 . Perpetual Easement.
(a) By execution of this Agreement, the City and
Worldinvest hereby grant to Jefferson and to each other, the right
to enter upon the Cul-de-Sac Area for the purpose of constructing
and maintaining the Cul-de-Sac Improvements and thereafter grant to
each other, Jefferson and the public, the non-exclusive right to
use and enjoy the Cul-de-Sac Area in perpetuity and the City does
hereby waive any requirement that Worldinvest or Jefferson obtain
a revocable permit for the Cul-de-Sac Improvements .
(b) By execution of this Agreement, the City hereby
grants to Worldinvest and Jefferson the right to enter upon the
City Accessway for the purpose of constructing and maintaining the
Joint Accessway Improvements and thereafter grants Worldinvest,
Jefferson and the public, the non-exclusive right to use and enjoy
the City Accessway in perpetuity and the City does hereby waive any
requirement that Worldinvest or Jefferson obtain a revocable permit
for the Joint Accessway Improvements .
(c) By execution of this Agreement, Worldinvest hereby
grants Jefferson and the City the right to enter upon the Easement
Area for the purpose of constructing and maintaining the Joint
Accessway Improvements and thereafter grants Jefferson, the City
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and th.: public, the non-exclusive right to use and enjoy the
Easement Area in perpetuity.
16 . Enforcement. The easements , restrictions , benefits and
obligations hereunder shall be binding upon all successors in
interest and shall create covenants and servitudes upon the
Jefferson Property and Worldinvest Property running with the land.
The provisions of this Agreement shall become effective upon the
recordation in the public records of Dade County, Florida, and
shall continue in effect for a period of thirty ( 30) years after
the date of such recordation, after which time they shall be
extended automatically for successive periods of ten ( 10) years
each, unless released in writing by the then owners of the
Worldinvest Property, the Jefferson Property and the City. This
Agreement shall create privity of contract and/or estate with and
among all grantees of the fee simple title in and to all or any
portion of the Jefferson Property and Worldinvest Property, their
successors or assigns . In the event of a breach, or attempted or
threatened breach, by any owner of any of the terms , covenants and
conditions hereof, the other owner and the City shall be entitled
forthwith to full and adequate relief by injunction and/or all such
other available legal and equitable remedies from the consequences
of such breach.
17 . Worldinvest Beach Easement. Worldinvest shall dedicate
an easement for a pedestrian walkway on a portion of the
Worldinvest Property located between the proposed Worldinvest
project and the Atlantic Ocean to permit the City to construct a
pedestrian walkway which will connect to similar walkways
constructed on properties located to the south and the Worldinvest
Property pursuant to that certain beach easement agreement attached
hereto as Exhibit "G" and incorporated herein by reference (the
"Worldinvest Beach Easement" ) to be recorded in the public records .
18 . Jefferson Beach Easement. Jefferson shall dedicate an
easement for a pedestrian walkway on a portion of the Jefferson
Property located between the proposed Jefferson project and the
Atlantic Ocean to permit the City to construct a pedestrian walkway
which will connect to similar walkways constructed on properties
located to the north and the Jefferson Property pursuant to that
certain beach easement agreement attached hereto as Exhibit "H" and
incorporated herein by reference (the "Jefferson Beach Easement" )
to be recorded in the public records .
19 . Termination of Original Easement. In addition to the
joint petition of Worldinvest and Jefferson to develop the Joint
Accessway, Worldinvest has requested, and the City has agreed to,
the substitution of this Agreement for the Original Easement . By
execution of this Agreement, Worldinvest and the City agree that
all rights and obligations of the parties pursuant to the Original
Easement are hereby terminated and of no further force and effect
and the execution of this Agreement and the recordation in the
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public records shall serve as a full and complete release of the
Original Easement.
20 . Assignment to Associations . The parties consent to the
assignment by Worldinvest and Jefferson of all their respective
rights and obligations under this Agreement to the Worldinvest
Association and the Jefferson Association and the assumption by
said associations of all obligations hereunder. It is understood
and agreed by and amongst the parties that the recordation of a
document in the public records evidencing the assignment and
assumption of the rights and obligations under this Agreement from
either Worldinvest or Jefferson to their respective associations,
which agreement shall run with the land, shall act as a release of
the assigning entity of all obligations under this Agreement.
21 . Notices . Any notice, consent, approval or communication
given pursuant to the provisions of this Agreement shall (except
where otherwise permitted by this Agreement) be in writing and
shall be (a) delivered by hand, or (b) mailed by certified mail or
registered mail , return receipt requested, postage prepaid, or (c)
delivered by a nationally recognized overnight courier, U. S . Post
Office Express Mail, or similar overnight courier which delivers
only upon signed receipt of the addressee, and addressed as a
described below. The time of the giving of any notice shall be the
time of receipt thereof by the addressee or any agent of the
addressee, except that in the event the addressee or such agent of
the addressee shall refuse to receive any notice given as above
provided or there shall be no person available at the time of
delivery thereof to receive such notice, the time of the giving of
such notice shall be the time of such refusal or the time of such
delivery, as the case may be. Such notices shall be given to the
parties hereto at the following addresses :
to Worldinvest : Worldinvest Joint Venture
One Biscayne Tower
2 South Biscayne Boulevard
Suite 1800
Miami, Florida 33131
Attn: Joyce Bronson
with a copy to: Shutts & Bowen
1500 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
Attn: Judith A. Burke, Esq.
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to Jefferson: Jefferson Plaza Limited
2665 South Bayshore Drive
Suite 302
Coconut Grove, Florida 33133
Attn: Jean Marc Meunier
with a copy to: Rubin Baum Levin Constant
Friedman & Bilzin
First Union Financial Center
Suite 2500
Miami, Florida 33131
Attn: John C. Sumberg, Esq.
to City: The City of Miami Beach
Public Works Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Director
with a copy to: The City of Miami Beach
City Attorney' s Office
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Murray M. Dubbin, City
Attorney
Any party hereto may, by giving five (5) days written notice
to the other party hereto, designate any other address in
substitution of the foregoing address to which notice shall be
given. Upon assignment by either Worldinvest or Jefferson of this
Agreement to their respective Associations, as evidenced by the
recordation of the appropriate document in the public records, the
party making said assignment shall advise the other parties to this
Agreement of the proper name and address of the Association to
receive notices hereunder.
22 . Governing Law and Attorneys Fees . This Agreement shall
be construed, interpreted and enforced in accordance with the laws
of the State of Florida. In connection with any litigation arising
out of this Agreement, the prevailing party shall be entitled to
recover reasonable attorney' s fees and costs at all trial and
appellate levels .
-16-
23 . Entire Agreement. This Agreement represents the entire
agreement between the parties with respect to the subject matter
hereof and shall be binding upon the parties, their respective
successors and assigns .
24 . Time of the Essence; Unavoidable Delays . Time is of the
essence of this Agreement and all time limitations shall be
strictly construed, except when strict compliance has been hindered
by unavoidable delays . Unavoidable delays shall include delays ( i )
due to strikes, lockouts , acts of God, inability to obtain labor or
materials , governmental restrictions , enemy action, civil
commotion, fire, unavoidable casualties or similar causes beyond
the control of the party, its agent and employees , claiming relief
under this provision on account of unavoidable delays or ( ii )
attributable to or caused by the acts or omissions of governmental
agencies or the officers thereof acting in their official capacity,
unless such acts or omissions result from the negligent or wilful
failure by the party claiming relief under this provision on
account of unavoidable delay to comply with any laws , ordinances,
rules, regulations, orders or lawful requirements of such
governmental agencies or officers .
25 . Execution in Counterparts . This Agreement may be
executed in identical counterparts by each of the parties hereto
and the Agreement shall be effective on the last of the dates of
execution by the respective parties .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
[SIGNATURES APPEAR ON PAGES 18, 19 and 20 ]
-17-
WITNESSES: WORLDINVEST JOINT VENTURE, a Florida
general partnership
By: Tigerside Investment Corp. , a
Florida corporation, general
partner of Worldinvest Joint
Venture
1_,J2,jEf •
Sign Name. -e Q`- By:
Print Name::yaga_ tavo Magalhaes Pinto
Se retary
Sign Name: . w
Print Na • y 4 . ZWIAL5oAJ
STATE OF FLORIDA )
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
day of Ti -� , 1996 by Gustavo Magalhaes Pinto,
Secretary of Tigersideflnvestment Corp. , a orida corporation,
general partner of Worldinvest Joint Vent e, on behalf of the
corporation. He is personally known t 'me or • has produced
as identification and who did id -no t " an oath.
7 t '
N RY AZEIL I eRACINDA M CORDERO
'0,�1".�k• My Commission CC368654
* Y Expires May.Cl,1998
��+? * Bonded by I-IAI
0.�lillG:� 800-422-1555
TypedTyped ftwOrinted Name of Notary
My commission expires :
Serial ND—, if any:
-18-
JEFFERSON PLAZA LIMITED, a
Florida limited partnership
By: Jefferson Plaza Management,
L.C. a Florida limited
corp. , general partner
iti •
Sign Name: ` \ BY: n -�\1�....-4-..
Print Name IL�!a `! l . 1\„
4....44i4d
Sign Name: 7a4.4w 0 ...a- LC (Corporate Seal )
Print Name: Af, a A. 40 z
STATE OF FLORIDA )
COUNTY OF DADE )
The foregoing instrument was acknowledgedQ , before me this
/� day of f)u�r , 1996 byTrrean-1-are ettnier- of Jefferson
Plaza Management, L.C. ,i a Florida limited corporation, general
partner of Jefferson Plaza Limited, a Florida limited partnership,
on behalf of the corporation. He is personally known to me or has
produced as identification and who did (did not)
take an oath.
NOT RY UBLIC,Led ),,e4aGCe9
;y'•; NEREYDA C.DELGADO
,,:R it = MY COMMISSION MCC 392780
EXPIRES:October 30,1998 1//�
''kc i F: 6 ,!^A 7hn+Notary Public Undo�Nriters /Je.r'e t �' '2/q �/
Typed dr Printed Nam6 of Notary
My commission expires :
Serial Nr . if any:
-19-
THE CITY F MIAMI BEACH, a
municip corpor on
Sign Name: ; L �•_ By:
Print Name: +ri,beYIy •JW��+{--t. Se.Y e,lhe.-+', Maur
Sign Name//�/ ,lc._1 G61,4e4a PO
I _ _ . ��Print Nam : /-JEfl o/A Ab4a,drr-f Attest: V��•
fiber4 I?arclhcr, G. y 0erK
FORM APPROVED
LEGAL D PT
STATE OF FLORIDA )
By
) Date -1/50G
COUNTY OF DADE )
The fxe oing instrument was acknowledged before me this
/4/th day of Fe ,�-. , 1996 by , ^fj-m1,2c..) -z-r°-`�h, of The
City of Miami Beach, ai municipal corpoafation, on behalf of the
corporation. He is personally known to me or has produced
as identification and who did (did not) take an
oath.
•
A�2.. /�
--[[�-��-1�,s. 9,.1t .Z Ci-e+ .e'� . .
(7NOTARY PUBLIC
, f//j /A) r /:'S toll Ol1.11010
Typed or Printed Name Notary
My commission expires :
Serial No. , if any:
OFFICIAL NOTARY SEAL
LILLIAN BEAUCHAMP
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO.CC347882
MY COMMISSION EXP.FEB.13,1598
MIA95 12002.8- L1M
1/4/96
-20-
EXHIBIT "A"
LEGAL DESCRIPTION
Begin (F.O.B.). at the Southwesterly corner of Lot •. Rarrisoo and Hayes Subdivision.as recorded in Plot book 9. t page 73 of the public records of Dade'County, • I
Florida. and run E.1'59'11"W. along the Easterly line of Ocean Drive, a distance of I
295.70 feet to the Southerly line of 15th Street, formerly Avenue "D"; thence run
W.88'00'49"1. along the Southerly line of 15th Street. a distance of 117.90 to
the Easterly end of 15th Street, formerly Avenue "D". as said Avenue "D" is shovA on Fishers First Subdivision of Alton Beach, recorded in Plat Book 2, at page 77
of the public records of Dade County, Florida; thence run N.7'34'S9"E. along the.
Easterly line of 15th Street. formerly Avenue "D", a distance of 35.49 feat to the
centerline of said Street; thence run N.88'00'49"E. along the projection Easterly
- of the centerline of 15th Street , a distance of 210.63 feet to the intzraection..cf
the Erosion Control Line, recorded in Plat Book 105, at page 62 of the public .
- - records of Dads County, Florida; thence run S.3'26'32"N. along the Erosion Control
Line, a distance of 332.19 feet to the intersection of the projection Easterly of
the Southerly line of said Lot i of aforesaid BarTisoo and Reyes Subdivision;
thence run 5.88'00'49"W. along the Southerly line of Lot 4 and its projection
- .Easterly. a distance of 303.00 feet to the Point of Beginning (P.O.B.).
AREA DESCRIBED CONTAINS 101,169 SQUARE FEET, MORE OR LESS. OR 2.323 ACRES. MORE
OR LESS. '
•
•
•
Exhibit "B"
LEGAL DESCRIPTION
•
All of Lots 1,2,3,18,19, and 20 and the South 1/2 of Lots 4 and 17. All in Block 56
'Fisher's First Subdivision of Mon Beach.' According to the plat thereof as recorded in
Plat Book 2 at Page 77 of the Public Records of Dade County, Florida.
AND
A parcel of land adjacent to and immediately East of the above described lands and more
particularly described as follows:
Beginning at the S.E. corner of said Lot 1, Block 56, "Fisher's Subdivision of Alton Beach";
thence North 7 degrees 35 minutes 20 seconds East along the Easterly line of said Block
56 for a distance of 177.47 feet to the Northeast corner of the South 1/2 of said Lot 4,
Block 56; thence North 88 degrees 00 minutes 23 seconds East along the Easterly
extension of the North line of said South 1/2 of Lot 4 for a distance of 195.26 feet to a
point on a line known as the Erosion Control Line as recorded in Plat Book 105 at Page
82 of the Public Records of Dade County, Florida; thence South 3 degrees 26 minutes
45 seconds West along said Erosion Control Line also known as the bulkhead line as
described in Ordinance No. 856 Section 1 of the City of Miami Beach, recorded in Plat
Book 74, at Page 4, of the Public Records of Dade County, Florida; for a distance of
175.78 feet; thence South 88 degrees 00 minutes 21 seconds West along the Easterly
extension of the South line of said Lot 1, Block 56, for 208.14 feet to the Point of
Beginning, tying and being in the City of Miami Beach, Dade County, Florida.
r__. v
I
.
LEGAL DESCRIPTION:
EXHIBIT "C"
A portion of 15th Street. formerly Avenue "D" as shown on the plot of FISHERS FIRST SUBDIVISION OF
ALTON BEACH as recorded in Plot Book 2 at Page 77 of the Public Records of Dade County, Florida more
porticulorly described os follows:
Thot portion of 15th Street (Avenue "0") lying between Block 77 and Block 56 of said plot also
described os follows:
Commence of the Southwesterly corner of Lot 4, HARRISON AND HAYES SUBDIVISION os recorded in
Plot Book 9 at Poge 73 of the Public Records of Dode County, Florido and run N 1'58'04" W,
along the Easterly line of Ocean Drive for 295.68 feet to o point on the Southerly line of 15th
Street. formerly Avenue "D"; said point being the POINT OF BEGINNING (P.O.B.) of the
hereinafter described tract of land; thence run N 88'00'49" E clang the Southerly line of said
15th Street (Avenue "0") for 117.90 to the Northeost corner of Lot 2, Block 77 of said Plot of
FISHERS FIRST SUBDIVISION OF ALTON BEACH said corner being a point on feet to the Easterly end
of 15th Street (Avenue "D"), os said Avenue "D" is shown on FISHERS FIRST SUBDIVISION OF ALTON
BEACH, recorded in Plot Book 2 of Poge 77 of the Public Records of Dode County, Florida; thence
run N 734'49" E along the Easterly line of said 15th Street (Avenue "D") for 70.99 feet to the
Northerly line of said 15th Street (Avenue "0"); thence S 88'00'49" W along the Northerly line
of said 15th Street (Avenue "0") for 129.68 feet to a point on the Northerly projection of the
Easterly line of Oceon Drive; thence S 1'58'04" E along soid Northerly projection for 70.00
feet to the POINT OF BEGINNING (P.0.6.).
All lying and being in the Southeost Quarter (S.E. 1/4) of Fractional Section 34, Township 53
South, Ronge 42 Eost; situoted in the City of Miami Beach, County of Dade, State of Florida.
SURVEYOR'S NOTES:
— This site lies in Section 34, Township 53 South, Ronge 42 East, Dade County,
Florida.
— Beorings hereon ore referred to on assumed value of N 01'58'04" W for the Easterly
right—of—woy line of Ocean Drive.
— Lands shown hereon were not obstructed for easements and/or rights—of—way of
records.
— This is not a "Lund Survey but only o graphic depiction of the description shown
hereon.
— Lands shown hereon contoining 8.665 square feet, or 0.199 acres, more or less.
— Dimensions indicated hereon ore based on Fortin, Leavy, Skiles, sketch #295D-197.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description was mode under my responsible
charge on September 19, 1995, and meets the Minimum Technical Standards as set forth by
the Florida Board of rofessionol Lond Surveyors in Chapter 61G17-6, Florida
Administrative Co , p rsuont to Section 472.027, Florida Stotutes.
FORTIN, ILES, INC. "NOT VALID UNLESS SEALED"
By:
INC.
Daniel C. Fortin, For The Firm
Professional Lond Surveyor No. 2853
State of Florida
Drawn By JJB SKETCH OF DESCRIPTION ' an 9/19/95
Cod No. 951190 Scale 1"=50'
RefD,,,P 295D-197 FORTJN JL EAV) SKILEs INC.
Job.Na 951190
CONSULTING ENGINEERS&LAND SURVEYORS Na 19 5A-11 1 -1
180 Ncrtbeast 168th.Street/North Miami Beach Flares.33162
Pbttef Ph.6S!-4493/Fax 651-7152 Sheet 1 of 2
•
- .
l
.._ _1_ ..
__ __..
-
OCEAN - DRIVE_
�- NORTHERLY PROJECTION T
EASTERLY UNE OF OCEAN DRIVE
EASTERLY UNE OF OCEAN DRIVE S 01'58'04' E
N 01'56'04 rl� 295.60'
\-..-..-. --/- -- --- 7---
-+L— _. T .- — T-- - fr70.00.
PAINT OF o
I 15E INNING �,`
t
PO OF SOUTHERLY LINE WI FORLiERLY
BOOM(A2 PClT7tPER STREETh W . ' o /F u
��^ /� $
SOUT4woESTERLY CORNER W b - jN . g
Of LOT ♦ riStr FIRSTISL.DIVISION •
Or ALTON Of=AG1 w . 1.-, W J
PLAT DOCK ?.IPAG[ 77 I— Y� 3 m
a J/ Y
LOT 1 I LOT 2 to
V/ raj &' H
BLOCK 177z ill ": W
I m = QX..../u1 /o
bo
RrcHx.00.1 ao
to
40 70.99. /
g PER PLAT A2 1 N 073 '49" E
N I
.""""'I
t
W
12; VI
1-1A1ZR I SON AND HAYES S Jip I V 15I ON 8
j PLAT DOOK '1. PAGe 75 z 6
1 LOT 4 LOT 3 LOT 2 LOT 1 >e.
k'z
Eu
l I.,7,
I I
L PR u
T OB001C 1 S, PACE 62 R I
S os r— 337 7r ' '-- -L- J
EXHIBIT " C"
&awnsy JJB SKETCH OF DESCRIPTION a'^' 9/19/95
adsa 951 190 Scale 1"=50'
kry 295D-197 FORTIN LEAVE SKILE,S INC. Na 951190
CONSULTING ENGINEERS&LAND SURVEYORS 1 19 SA-1 1 1 -1
180 Northeast 168th.Street/North Miami Beech.Fketda 33162
ibtts�t 9/19/95 10 32n Ph.6SNIA!/Flax 651-7152 Sheet 2 of 2 /
f
LEGAL DESCRIPTION:
EXHIBIT C-1"
A portion of the Easterly projection of 15th Street, formerly Avenue "D", os said Avenue "D"
is shown on the plot of FISHERS FIRST SUBDMSION OF ALTON BEACH os recorded in Plot Book 2 of
Page 77 of the Public Records of Dode County, Florida more particularly described os follows:
A 10' foot wide tract of land Northerly of and adjacent to the Easterly projection of the
centerline of said 15th Street (Avenue "D") also described os follows:
Commence at the Northeast corner of Lot 2 Block 77 of said plot, thence N 07' 34' 49" E,
along the Northerly projection of the Eosterly line of soid Lot 2 for 35.49 feet to the POINT
OF BEGINNING (P.O.B.) said point being on the centerline of said 15th Street (Avenue "D");
thence N 88' 00' 49 E along the Easterly projection of the said centerline of 15th Street -
(Avenue "D") for 210.53 feet to its intersection with the Erosion Control Line, as recorded in
Plat Book 105 of Page 62 of the Public Records of Oode Count, Florida; thence N 03' 26' 32" E
along said Erosion Control Line for 10.05 feet to o point on a line 10 feet Northerly of,
measured at right angles, and parallel with the said Easterly projection of the centerline of
said 15th Street (Avenue "D"); thence S 88' 00' 49" W along said line for 209.80 feet to 0
point on the said Northerly projection of the Easterly line of said Lot 2, Block 77; thence S
07' 34' 49" W for 10.14 feet to the POINT OF BEGINNING (P.O.B.).
All lying and being in the Southeast Ouorter (S.E. 1/4) of Froctionol Section 34, Township 53
South, Range 42 East; situoted in the City of Miami Beach, County of Dade, State of Florida.
SURVEYOR'S NOTES:
— This site lies in Section 34, Township 53 South, Range 42 East, Dode County,
Florida.
— Beorings hereon ore referred to on assumed value of N 01'58'04" W for the Easterly
right—of—way line of Ocean Drive.
— Lands shown hereon were not obstructed for easements and/or rights—of—way of
records.
— This is not o "Land Survey" but only o graphic depiction of the description shown
hereon.
— Lands shown hereon containing 2,101 square feet, or 0.048 acres, more or less.
— Dimensions indicated hereon ore based on Fortin, Leavy, Skiles, sketch #2950-197.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible
charge on Septe r 1 1995, and meets the Minimum Technical Standards os set forth by
the Florida 8o of Professional Lond Surveyors in Chapter 61G17-6, Florida
Administrotiv Code, pu uont to Section 472.027, Florida Statutes.
FORT! . ILES. INC� 'NOT VALID UNLESS SEALED"
Daniel C. Fortin, For The Firm
Professional Land Surveyor No. 2853
State of Florida
Drawn By JJB SKETCH OF DESCRIPTION Dote 9/19/95
Cod Nri 951 190 Soak 1"=50'
Re,:Dwy. 295D-197 FORTIN LEAVE SKILES INC. Job.Na 951190
CONSULTING ENGINEERS&LAND SURVEYORS Avsk Iva 19 5A-1 1 1 —2
180 Noi theart 168th.Street/North Menu Beady Florida..Florida.33162
Pbttel Ph& 4 3/fax 651-7152 Sheet 1 of 2
— — —
OCEAN DRIVE
,
raw um or lam.lac 35.00' IS 35.00'
N 01'58'04" w 295.68' _
_ --� — T
_ ktSOUTHERLY UNE Ofi 15tA STREET u" I
FORMERLY AVENUE O PER �j-J
PLAT BOOK 2. PAGE; 77 ��oopp i Q 2_ 1 r I
I "N
PLAT DOCK 2.1PAGe 77 .�' I j w, I id
LOT 1== I LOT 2
r 11 G
BLOCK 77 I o I -1
POINT OF = Q I v,
i 8
NORTH CORNER I I
i == 1.--- 1L0T 2
1 b.
30.00'I
Y PER PUTRI -S WAY I r
t PAGE 77 2. I
ui ....-. ........
N 0734'49' E
35.49POINT 1OF 0
BEGINNING o
n kr) co.
0 / a)
t'1AkR 150N At'0 HAYES 5 I V I5I ON a� N N
PLAT DOOK I. PACC 75� I
9 LOT 4 LOT 3 LOT ! LOT 1 s-
i
I gE
S 0
to tlD
Ico z `�
• �0.00'
ER rgi C OL aR
PLA BOOK 1 P o�
I N OT26'3Z' E
S 0326'32' w 3 r 10.05'
EXHIBIT " C- 1"
iw Dy JJB ' SKETCH OF DESCRIPTION ' Dote 9/19/95
adni2 951190
soak 1"=50'
1e,D„,r 295D-197 FORTH, 1L EAVX SKILES INC. Job.Mk 951190
CONSULTING ENGINEERS 8 LAND SURVEYORS ter.Na 19 5A-1 1 1 —2
180 Narthea't 168th.S7mt/North Miami Beach.F7arlda.33162
Plotted, 9/19/95 10,32a Ph.65:1-EI3/Fix 651-71.? .Sheet 2 or 2
LEGAL DESCRIPTION:
EXHIBIT "0"
A portion of the Easterly projection of 15th Street, formerly Avenue "D", os said Avenue "0" is
shown on the plot of FISHERS FIRST SUBDIVISION OF ALTON BEACH as recorded in Plot
Book 2 ot Poge 77 of the Public Records of Dode County, Florida more particularly described os
follows:
Begin ot the Northeast corner of Lot 2 Block 77 of said plot, thence N 07'34'49" E. olong the
Northerly projection of the Eosterly line of said Lot 2 for 35.49 feet to o point on the
centerline of said 15th Street (Avenue "D"); thence N 88'00'49" E along the Easterly projection
of the centerline of said 15th Street (Avenue "D") for 210.53 feet to its intersection with the
Erosion Control Line, shown in Plot Book 105 ot Poge 62 of the Public Records of Dode County,
Florida; thence S 03'26'32' W along said Erosion Control Line for 35.16 feet to on intersection
with the Easterly projection of the Southerly line of said 15th Street (Avenue "D"); thence
S 88'00'49" W along the said Easterly projection for 213.10 feet to the POINT OF BEGINNING
(P.O.B.) said tract being and is the some os the tract described in O.R. Book 11827 Page 3218
of the Public Records of Dode County, Florida.
All lying and being in the Southeast Quarter (S.E. 1/4) of Fractional Section 34, Township 53
South, Ronge 42 East; situoted in the City of Miami Beach, County of Dade, State of Florida.
SURVEYOR'S NOTES:
— This site lies in Section 34, Township 53 South, Range 42 East, Dode County,
Florida.
— Bearings hereon ore referred to on assumed value of N 0r58'04" W for the Easterly
right—of—way line of Ocean Drive.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of
records.
— This is not o "Land Survey" but only o graphic depiction of the description shown
hereon.
— Lands shown hereon containing 7,413 square feet, or 0.170 acres, more or less.
— Dimensions indicated hereon ore based on Fortin, Leavy, Skiles, sketch #295D-197.
SURVEYOR'S CERTIFICATION:
I hereby certify thot this "Sketch of Description" was mode under my responsible
charge on September 19, 1995, and meets the Minimum Technical Stondords as set forth by
the Florida Board • - •fessionol Land Surveyors in Chapter 61G17-6, Florida
Administrative C••e, pu -uont to Section 472.027, Florida Statutes.
FORTIN, . S ILES. INC. `NOT VALID UNLESS/ SEALED"
By:
D #A V
aniel C. Fortin, For The Firm
Professionol Land Surveyor No. 2853
State of Florida
D►.Wr,By JJB ' SKETCH OF DESCR/PTON , ate 9/19/95
ad Na 951190 scale 1"=50'
o,,,P 295D-197 FORTIIY IL EA �; SKIES INC
Ara 951 190
CONSULTING ENGINEERS&LAND SURVEYORS Na 19 5A-1 1 1 —3
I80 Nartbeast 168th.Sheet/North Miami Beach,Fl rich sl16.2
Plottel Ph 6s9-s4sll/tax 651-71x1 Sheet 1 of 2
L smamEIMMIIIII
OCEAN DRIVE
giro►.Lac s m.tau 35.00'15 35.00'
N 01'58'04' w� 2•=.68'
1. T.rIW I
SOUTHERLY LINE t5th STREET
FORMERLY AVENUE 0. PER
PUT BOOK 2. PACq 77 Ego W I n N
Zwo ; �o I
rI91:RS rIRSTIXeOIVISION ^, 0
OP ALTON OtACH L
°' I
PLAT OoOK 2.I'AG! r 11
LOT 1 I LOT ! I.g v, ; o X g I O
1 BLOCK 177rj
POINT OF = Q I N
BEGINNING r i__._ NORTH ERLV CORNER
r � !ILOT 2 ,^
Fi
• _ PER plAr i• WAY
— — LAT 2'
I =_ � SPACE »
I i .—...
W ri
I 16 b,I50N
sr> Z AND HAYES 5Utp N I S I ON P
M
to
PLAT 000K '. PAGC 75 N
9 LOT 4 LOT 3 LOT 2 LOT 1 ce
ce
I Et
I ;
sr
I g in
I N
___ PWT0BOOCK t S�PAGE 62R�
.1.___ S 0J 2' 33717 ' ,1--- .35.16'
EXHIBIT " D" S 33'26'32" w
rk.w],iy JJB SKETCH OF DESCRIPTION Dee 9/19/95
ads 951190 saak 1"=50'
Re NT 295D-197 FORTIN 1L EA VX SPIES INC Jab.Na 951 190
CONSULTING ENGINEERS&LAND SURVEYORS 'Avg Na 19 5A-111 —3
18i0 Northeast 168th.Street/North Mtamt Beach Florida.33162 Sheet 2 of 2
Pbtted 9/19/95 10•32o Ph 65 -44 3/Fax 651-7152
LEGAL DESCRIPTION:
EXHIBIT "E"
A portion of the Easterly projection of 15th Street, formerly Avenue "D", as said Avenue "D" is
shown on the plot of FISHERS FIRST SUBDIVISION OF ALTON BEACH as recorded in Plot
Book 2 at Poge 77 of the Public Records of Dode County, Florida more porticulorly described os
follows:
A 10' foot wide tract of land Southerly of and adjacent to the Easterly projection of the centerline
of said 15th Street (Avenue "D") also described os follows:
Commence of the Northeast corner of Lot 2 Block 77 of said plot, thence N 07'34'49" E, along
the Northerly projection of the Eosterly line of said Lot 2 for 35.49 feet to the POINT OF
BEGINNING (P.O.B.) said point being on the centerline of said 15th Street (Avenue "D");
thence N 88'00'49" E along the Eosterly projection of the said centerline of 15th Street (Avenue
"D") for 210.53 feet to its intersection with the Erosion Control Line, as recorded in Plot Book
105 of Poge 62 of the Public Records of Dade County, Florido; thence S 03'26'32" W along
soid Erosion Control Line for 10.05 feet to o point on a line 10 feet Southerly of, meosured of
right onales, and parallel with the said Easterly projection of the centerline of said 15th Street
(Avenue D"); thence S 88'00'49" W along said line for 211.27 feet to o point on the said
Northerly projection of the Eosterly line of said Lot 2, Block 77; thence N 07'34'49"E for 10.14
feet to the POINT OF BEGINNING (P.O.B.).
All lying and being in the Southeast Quarter (S.E. 1/4) of Fractional Section 34, Township 53
South, Range 42 Eost; situated in the City of Miami Beach, County of Dade, Stote of
Florida.
SURVEYOR'S NOTES:
— This site lies in Section 34, Township 53 South, Range 42 East, Dode County,
Florido.
— Bearings hereon ore referred to on assumed value of N 01'58'04" W for the Easterly
right—of—way line of Ocean Drive.
— Lands shown hereon were not obstructed for easements and/or rights—of—way of
records.
— This is not a "Land Survey" but only o graphic depiction of the description shown
hereon.
— Lands shown hereon containing 2,109 square feet, or 0.048 acres, more or less.
— Dimensions indicated hereon ore based on Fortin, Leovy, Skiles, sketch #295D-197.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible
chore on Septem 9, 1995, and meets the Minimum Technical Standards os set forth by
the Florida Boor of Professional Land Surveyors in Chopter 61G17-6, Florida
Administrative ode, pursuant to Section 472.027, Florida Statutes.
FORTIN. ILES. INC. "NOT VALID UNLESS SEALED"
By:
C •
Daniel C. Fortin, For The irm
Professional Land Surveyor No. 2853
State of Florida
onolow
Drawn By JJB r SKETCH OF DESCRIPTION Date 9/19/95
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Re Avg 295D-197 �l' ORTIN LE'AV ; KILES INC Job.No. 951190
CONSULTING ENGINEERS&LAND SURVEYORS Avg.Na 19 5A-1 1 1 —4
180 Northeast 169th.Street/North Miami Bead.Flora*.33162
Pistted Ph.653-4493/Fax 651-7152 Sheet 1 of 2
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EXHIBIT. " E"
as WV By JJB SKETCH OF DESCRIPTION Date 9/19/95
cadNa 951190 S Je 1"=50'
p„2. 295D-197 FORTIN L EAVY, SKILES INC Job.No. 951 190
CONSULTING ENGINEERS&LAND SURVEYORS m Na 19 5A—1 1 1 —4
180 Northeast I68th.Sheet/North Miami Beach Florida.33I62
Plotted 9/19/95 1032o Ph.653-4493/Fax 65I-7I52 Sheet 2 of 2
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IL VILLAGGIO, MIAMI BEACH. FLORIDA
EXHIBIT "F"
Luis 0. Revuelta
Architecture
Interior Design
ruining
4260 S.W.73RD AVE.
Mimi.R.33155
(305)26541985
(FAX)263.9732
MODIFIED CUL—DE—SAC
SCALE; r-sa-ce
Exhibit "G"
Prepared By and Return to:
Judith A. Burke, Esq.
Shutts & Bowen
1600 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
GRANT OF PERPETUAL EASEMENT
WHEREAS, Worldinvest Joint Venture, a Florida general partnership (the
"Developer") is the owner of that certain property situate, lying and being in Dade County,
Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein
(the "Property"); and
WHEREAS, a plan for the development of the Property (the "Project") was
approved by the Board of Adjustment of the City of Miami Beach on May 5, 1995 under
File No. 2447; and
WHEREAS, as a condition to the approval of the Project, The City of Miami Beach,
Florida (the "City") required that the Developer grant a perpetual easement to the City for
use as an at-grade pedestrian walkway across that certain parcel of land approximately
fifteen (15) feet in width running along the dune line near the eastern boundary of the
Property, as such parcel is more particularly described in Exhibit "B" attached hereto and
incorporated herein (the "Easement Parcel"); and
WHEREAS, the City desires to construct an at-grade landscaped pedestrian
walkway on the Easement Parcel (the "Walkway") and the Developer desires to dedicate
a perpetual easement for public purposes over the Easement Parcel.
NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Developer by these presents does assign to the City, it successors
and assigns, a perpetual non exclusive easement over and across the Easement Parcel
for the purpose of a public walkway.
Provided, however, that the Developer hereby reserves all right, title, interest and
privilege and the full enjoyment of such Easement Parcel and the use thereof for all
purposes not inconsistent with the use specified above.
The Developer and the City further agree to the following:
1. The Developer hereby grants to the City a right and license to come upon
the Easement Parcel for the purposes of constructing the Walkway.
2. Subsequent to the issuance of the building permit for the Project, but prior
to the issuance of a certificate of occupancy for any portion of the Project,
Worldinvest shall deliver to the City, in form and content reasonably
satisfactory to the City, the following:
(a) a cash deposit or bond in the amount of Fifteen Thousand Dollars
($15,000.00) payable to the City to be used to construct the at grade
walkway upon the Easement Parcel (the "Walkway Security"); and
(b) a cash deposit or bond in the amount of Fifteen Thousand Dollars
($15,000.00) payable to the City to be used to provide landscaping
upon the Easement Parcel (the "Landscape Security").
The City shall attempt to obtain approvals from the State of Florida for
construction of the Walkway, including the landscaping. The Walkway
Security shall provide for payment to the City within twenty (20) days of the
City's written demand to Developer (the "Walkway Demand"), together with
proof that all permits required for construction of the Walkway have been
obtained and the City is ready to begin construction of the Walkway. In the
event the City has not delivered the Walkway Demand to Developer within
five (5) years of the date of this instrument, the Walkway Security shall be
released to Developer and Developer's obligation to pay any portion of the
cost of construction of the Walkway shall be deemed satisfied. In the event
the Walkway Demand is delivered prior to the date the Walkway Security
is provided, Developer shall pay the Fifteen Thousand Dollars ($15,000.00)
to the City within twenty (20) days of the date of the Walkway Demand in
lieu of posting the Walkway Security. In no event shall any certificates of
occupancy be issued for the Project until either the Walkway Security is
posted or payment is made to the City in response to the issuance of the
Walkway Demand.
The Landscape Security shall provide for payment to the City within twenty
(20) days of the City's written demand to Developer (the "Landscape
Demand"), together with proof that all permits required for the landscaping
of the Walkway have been obtained and the City is ready to begin
installation of the landscaping. In the event the City has not delivered the
Landscape Demand to Developer within five (5) years of the date of this
instrument, the Landscape Security shall be released to Developer and
Developer's obligation to pay any portion of the cost of the landscaping
shall be deemed satisfied. In the event the Landscape Demand is delivered
prior to the date the Landscape Security is provided, Developer shall pay
Page 2 of 5
the Fifteen Thousand Dollars ($15,000.00) to the City within twenty (20)
days of the date of the Landscape Demand in lieu of posting the Landscape
Security. In no event shall any certificates of occupancy be issued for the
Project until either the Landscape Security is posted or payment is made
to the City in response to the issuance of the Landscape Demand.
3. The City shall construct the Walkway and install the landscaping on the
Easement Parcel. The City shall deliver notice of its intention to commence
construction of the Walkway or installation of the landscaping to Developer
at least thirty (30) days prior to the date set for such commencement.
4. After construction of the Walkway and installation of the landscaping, the
City shall have the sole responsibility and shall bear the total expense for
the maintenance of the Walkway, except for any repairs or maintenance
arising from the negligence of the Developer.
5. The City shall insure the Walkway in the same manner as it insures all
other public sidewalks.
6. This Grant of Perpetual Easement shall inure to the benefit of, and be
binding upon, the successors and assigns of both parties.
IN WITNESS WHEREOF, the undersigned have caused this Grant of Perpetual
Easement to be executed as of the day of , 1996.
WITNESSES: THE DEVELOPER:
WORLDINVEST JOINT VENTURE, a Florida
general partnership
By: Tigerside Investment Corp., a Florida
corporation, general partner of
Worldinvest Joint Venture
Sign Name: By:
Print Name: Gustavo Magalhaes Pinto
Secretary
Sign Name:
Print Name:
Page 3 of 5
WITNESSES: THE CITY:
THE CITY OF MIAMI BEACH, a
municipal corporation
Sign Name: By:
Print Name:
Sign Name:
Print Name:
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
1996 by Gustavo Magalhaes Pinto, as Secretary of Tigerside Investment Corp., a Florida
corporation, general partner of Worldinvest Joint Venture, on behalf of the partnership.
He is personally known to me or has produced as identification and who
did (did not) take an oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My commission expires:
Serial No., if any.
Page 4 of 5
STATE 07 FLORIDA )
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of
1996 by of The City of Miami Beach, a municipal corporation,
on behalf of the corporation. He is personally known to me or has produced
as identification and who did (did not) take an oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My commission expires:
Serial No., if any:
MIA95 13659.4- L1M
1/5/96(1)
Page 5 of 5
Worldinvest Property
EXHIBIT "A"
j.ECAL DESCRIPTION
•
login (P.O.E.), at tbs Southwesterly corner of Lot •. Itarrisoo and Eayse S%bdtvisioq,
as recorded in Flat rook 9. t pee. 73 of the public records of Dade'Coussty,
Florida. and run 11.1'59'11"W. along the Easterly line of Ocean Drive, a distance of
293.70 feet to the Southerly line of 15th Street, formerly Avenue "D"; thence rum i
W.88'00'49'I. along the Southerly line of 1Sth Street, a distance of 117.90 to •
• the Easterly end of 15th Street, formerly Avenue "D", as said Avenue "D" is shown
on Fishers first Subdivision of Alton leach, recorded in Flat Took 2, at page 77
of the public records of Dade County. Florida; thence run M.7'34'i9"E. along the
Easterly line of 15th Street. formerly Avenue "D", a distance of 35.49 feet to the
centerline of said Street; thence tun /1.88'00149"E. alone the projection Easterly
of the centerline of 13th Street , a distance of 210.63 feet to the intarasctiow'.cf
the Erosion Control Line. recorded in Plat book 105, at page 62 of the public . • .
- _ records of Dade County. Florida; thence run S.3'26'32"W. alone the Erosion Control
Line, a distance of 332.19 feet to the intersection of the projection Easterly of
- the Southerly line of said Lot 4 of aforeuid larrisoo and Reyes Subdivision;
tbence run S.08'00'49"W. along the Southerly line of Lot i and its projection
- • -Easterly. a distance of 303.00 feet to the Point of leginning (7.0.3.). '
MIA DLSCRI)ED CONTAIWS 101,169 SQUARE TEST. MOLL OR LESS. OR 2.323 ACRES. MORE
OR LESS. •
•
•
•
•
•
• •
•
•
• J •
EXHIBIT "B"
LEGAL DESCRIPTION:
A 15 foot wide parcel of land lying in Section 34 Township 53 South Range 42 East,
being more porticulorly described as follows:
Commence of the Southwest corner of Lot 4, HARRISON AND HAYES SUBDIVISION, os recorded in
Plot Book 9 at Poge 73 of the Public Records of Dode County, Florida; thence N 88' 00' 49" E
along the South line of soid Lot 4 for 303.00 feet to o point on the Erosion Control
Line, recorded in Plot Book 105 of Page 62 of the Public Records of Dade County, Florido,
said point being the POINT OF BEGINNING; thence N 03' 26' 32" E olong said Erosion Control
Line for 332.17 feet to o point on Easterly extension of the centerline of 15th Street,
formerly Avenue "D", os soid Avenue "D" is shown on the Plot of FISHERS SUBDIVISION OF
ALTON BEACH, recorded in Plot Book 2 at Poge 77 of the Public Records of Dade County,
Florido; thence S 88' 00' 49" W along soid centerline extension for 15.07 feet to o point
on o line 15.00 feet West of, os measured of right ongles, and parallel with soid Erosion
Control Line; thence S 03' 26' 32" W along soid line for 332.17 feet to o point on the
South line of soid Lot 4; thence N 88' 00' 49" E along the South line of said Lot 4 for
15.07 feet to the POINT OF BEGINNING.
SURVEYOR'S NOTES:
— This site lies in Section 34, Township 53 South, Range 42 East, Dade County,
Florida.
— Bearings hereon ore referred to on assumed value of N O1'58'04" W for the Eosterly
right—of—woy line of Ocean Drive.
— Lands shown hereon were not obstructed for easements and/or rights—of—way of
records.
— This is hot o "Land Survey" but only a graphic depiction of the description shown
hereon.
— Lands shown hereon contoining 4,983 square feet. or 0.1144 acres, more or less.
— Dimensions indicated hereon ore based on Fortin, Leovy, Skiles. sketch #295D-197.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible
charge on October 26, 1995, and meets the Minimum Technical Standards as set forth by
the Florido Boor of Professional Land Surveyors in Chapter 61G17-6, Florida
Administrotiv od , pursuant to Section 472.027, Florido Statutes.
FORT' a LEAVY SKILES. INC. "NOT VALID UNLESS SEALED"
By --
Doniel C. Fortin, For The Firm
Professional Lond Surveyor No. 2853
State of Florido
DrswnBy DANJR SKETCH OF DESCRIPTION Deft 10/26/95
1"=50'
cod No. 951442 Scale Ref.Dwi. 295D-197 FORTIN LEAVY ISKILES Job.Na 951442
CONSULTING ENGINEERS&LAND SURVEYORS Dwp.No. 195A-134
180 Northeast 168th.Street/North Miami Beady florid'.33162 Sheet 1 of 2
Plotted Ph.65.-445.1/four 651-7152
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coo -oI oilTf — — - DRIVE I
SOUTHWESTERLY CORNER OCEAN fr oar wile
3S.00'
OF LOT 4 29545' 35.00'b
N 01•55.04• w _... T.—
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SOUTHERLY UNE OFl 15th STREET in
FORMERLY AVENUE 0" PERLia
PLAT BooK2. PACE » W^' Q 1
rI'SI'e FIRST I'.rI.COIVI9IGN 1 1.1
Or AO.TON I PACE 1
PLAT DOCK 2. PACE 77 I-- 1 5
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N 6600'49' E bh
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I, S �526'32• w 332.17' 'iS
POINT OF N 0326'32" E 332.17• • // 4
BEGINNING ATLANTIC OCEAN u 'ooxOx ioos,LP`A'"c DR
Drum BY DANJR SKETCH OF DESCRIPTION an 10/26/95
aanra 951442 Sauk 1"=50'
> p„z 295D-197 FORTIN L EA VY, ..S4KILE$ INC. Job Na 951442
CONSULTING ENGINEERS&LAND SURVEYORS A.r.Na 195A-134
180 Northeast 1680.Street/North Miami Beach,F7 rtda.33162
Pitted 9/19/95 10.32a Ph.6 3- 493/Fax651-7132 Shoat 2 °! 2
J
•
• Exhibit "H"
This instrument prepared by
and when recorded return to:
John C. Sumberg, Esq.
Rubin Baum Levin Constant
Friedman & Bilzin
2500 First Union Financial Center
Miami, Florida 33131-2336
GRANT OF PERPETUAL EASEMENT
WHEREAS, Jefferson Plaza, Ltd. , a Florida limited partnership
(the "Developer") is the owner of that certain property situate,
lying and being in Dade County, Florida, more particularly
described in Exhibit "A" attached hereto and incorporated herein
(the "Property" ) ; and
WHEREAS, a plan for the development of the Property (the
"Project" ) was approved by the Board of Adjustment of the City of
Miami Beach on August 26, 1994 under File No. 2394 ; and
WHEREAS, as a condition to the approval of the Project, The
City of Miami Beach, Florida (the "City" ) required that the
Developer grant a perpetual easement to the City for use as an at-
grade pedestrian walkway across that certain parcel of land
approximately fifteen (15) feet in width running along the dune
line near the eastern boundary of the Property, as such parcel is
more particularly described in Exhibit "B" attached hereto and
incorporated herein (the "Easement Parcel") ; and
WHEREAS, the City desires to construct an at-grade landscaped
pedestrian walkway on the Easement Parcel (the "Walkway" ) and the
Developer desires to dedicate a perpetual easement for public
purposes over the Easement Parcel .
NOW, THEREFORE, in consideration of Ten and No/100 Dollars
($10 . 00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Developer by these
presents does assign to the City, its successors and assigns, a
perpetual non exclusive easement over and across the Easement
Parcel for the purpose of a public walkway.
RUBIN/SYS:\DMS\72343\6199\0099471.02
January 4, 1996
•
Provided, however, that the Developer hereby reserves all
right, title, interest and privilege and the full enjoyment of such
Easement Parcel and the use thereof for all purposes not
inconsistent with the use specified above.
The Developer and the City further agree to the following:
1 . The Developer hereby grants to the City a right and
license to come upon the Easement Parcel for the purposes
of constructing the Walkway according to the attached
survey.
2 . The City shall deliver notice of its intention to
commence construction of the Walkway to Developer at
least thirty (30) days prior to the date set for such
commencement .
3 . After construction of the Walkway, the City shall have
the sole responsibility and shall bear the total expense
for the maintenance of the Walkway, except for any re-
pairs or maintenance arising from the negligence of the
Property owner.
4 . The provisions of this Easement shall be binding on all
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the undersigned have caused this Grant of
Easement to be executed as of the day of , 1996 .
WITNESSES: THE DEVELOPER:
JEFFERSON PLAZA, LTD. , a
Florida limited partnership
By: JEFFERSON PLAZA MANAGEMENT,
L.C. , a Florida limited
liability company, general
partner
Sign Name: By:
Print Name: Jean-Marc Meunier, Manager
Sign Name :
Print Name :
RUBIN/SYS:\DMS\72343\6199\0099471.02
January 4, 1996
Page 2 of 4
WITNESSES: THE CITY:
THE CITY OF MIAMI BEACH, a
municipal corporation
Sign Name: By:
Print Name :
Sign Name :
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 1996 by Jean-Marc Meunier, Manager of
Jefferson Plaza Management, L.C. , a Florida limited liability
company, as general partner of Jefferson Plaza, Ltd. , on behalf of
the partnership. He is personally known to me or has produced
as identification and who did (did not)
take an oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My commission expires :
Serial No, if any
RUBIN/SYS:\DMS\72343\6199\0099471.02
January 4, 1996
Page 3 of 4
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this
day of , 1996 by
of The City of Miami Beach, a municipal
corporation, on behalf of the corporation. He is personally known
to me or has produced as identification
and who did (did not) take an oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My commission expires :
Serial No, if any
RUBIN/SYS:\DMS\72343\6199\0099471.02
January 4, 1996
Page 4 of 4
EXHIBIT "A"
LEGAL DESCRIPTION
All of Lots 1, 2, 3, 18 , 19, 20 ; and the South
1/2 of Lots 4 and 17 , all in Block 56 of
FISHER'S FIRST SUBDIVISION OF ALTON BEACH,
according to the plat thereof, recorded in
Plat Book 2 , Page 77, of the Public Records of
Dade County, Florida
AND
A parcel of land adjacent to and immediately
East of the above described lands and more
particularly described as follows:
Beginning at the S.E. corner of said Lot 1,
Block 56, of "FISHER'S SUBDIVISION OF ALTON
BEACH" ; thence North 7 degrees 35 minutes 20
seconds East along the Easterly line of said
Block 56 for a distance of 177 . 47 feet to the
Northeast corner of the South 1/2 of said Lot
4 , Block 56; thence North 88 degrees 00 minutes
23 seconds East along the Easterly extension
of the North line of said South 1/2 of Lot 4
for a distance of 195. 26 feet to a point on a
line known as the Erosion Control Line as
recorded in Plat Book 105, at Page 82 of the
Public Records of Dade County, Florida; thence
South 3 degrees 26 minutes 45 seconds West
along said Erosion Control Line also known as
the Bulkhead line as described in Ordinance No.
856 Section 1 of the City of Miami Beach,
recorded in Plat Book 74 , at Page 4 , of the
Public Records of Dade County, Florida; for a
distance of 175.78 feet; thence South 88
degrees 00 minutes 21 seconds West along the
Easterly extension of the South line of said
Lot 1, Block 56, for 208 . 14 feet to the Point
of Beginning, lying and being in the City of
Miami Beach, Dade County, Florida.
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MM., S.03'27'07-W.
emir__ 210.94'
RECORDS
CONTROL LINE N.a3'27'07-E _�
OS IN C.M.B. ORD. NO. 838, SEC. 1 210.94' \\
Atlantic Ocean SHEET 1 Of 2
N GI-i SG�VEYING & M Specific Purpose Survey
_ _ AFFING Sketch to Accompany Legal Description
12330 T1(1806) 262-0608, to 218a)1°252-9681I a Portion of "Fisher's First Subdivision
of Alton Beach" (P.B. 2, Pg. 77)
EXt,04; /
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Legal Description
A 15 foot wide strip of land being a portion of Lots 1, 2, 3, and 4 of
FISHER'S FIRST SUBDIVISION OF ALTON BEACH according to the Plat as recorded
in Plat Book 2, at page 77 of the Public Records of Dade County, and a
portion of the right of way of 15th Street, all being more particularly
described as:
Commence at the Southwest corner of Lot 20, Block 56 of aforementioned P/at
of FISHER'S FIRST SUBDIVISION OF ALTON BEACH and proceed N88'00'47"E, along
the South line of said Lot 20, and along the South line of Lot 1, Block 56
for 593.07 feet; thence S03'27'07"W, 35. 16 feet,to the POINT OF BEGINNING
of the following described parcel; thence N88'00'47"E, 15.07 feet to the
Erosion Control Line as it is recorded in City of Miami Beach Ordinance No.
856, Section 1 ; thence, NO3'27'07"E, along said Erosion Control Line,
210.94 feet; thence S88'00'47"W, along the South line of the North 1/2 of Lot
4, Block 56 of said Plat of FISHER'S FIRST SUBDIVISION OF ALTON BEACH,
15.07 feet; thence S03'27'07"W, along a line parallel with and 15.00 feet
Westerly of, the aforementioned Erosion Control Line, 210.94 feet to the
POINT OF BEGINNING.
Surveyor's Notes
1) THIS IS NOT A LAND SURVEY.
2) The specific and ONLY purpose for this drawing is to graphically depict
the included legal description.
3) Bearings shown hereon relate to the centerline of 15th Street which
bears N88'00'47"E.
4) This Survey is not valid unless it bears the signature and embossed
seal of the surveyor.
THIS IS TO C111eTIFY that this SPECIFIC PURPOSE SURVEY is
accurate to the best of my knowledge. I FURTHER CERTIFY
that this survey meets the Minimum Technical Standards as
set forth by the Florida Board of Land Surveyors in Chapter
61 Cl7-6, Florida Administrative Code.
By: (--2
W iam 0. High
Professional Land Surveyor No. 4632
State of Florida SHEET 2 OF 2
\V/ Specific Purpose Survey
Id GIN SURVEYING & MAPPING Sketch to Accompany Legal Description
12360 S.W. 132nd Com-t, Suite 216, Miami, Florida 33186 DATE: 11-10-95
Tei.•(306) 262-0698, 1a=(306) 262-9661
\!_ROJ. 775—E
Prepared By and Return to:
Judith A. Burke, Esq.
Shutts & Bowen
1600 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
GRANT OF PERPETUAL EASEMENT
WHEREAS, Worldinvest Joint Venture, a Florida general partnership (the
"Developer") is the owner of that certain property situate, lying and being in Dade County,
Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein
(the "Property"); and
WHEREAS, a plan for the development of the Property (the "Project") was
approved by the Board of Adjustment of the City of Miami Beach on May 5, 1995 under
File No. 2447; and
WHEREAS, as a condition to the approval of the Project, The City of Miami Beach,
Florida (the "City") required that the Developer grant a perpetual easement to the City for
use as an at-grade pedestrian walkway across that certain parcel of land approximately
fifteen (15) feet in width running along the dune line near the eastern boundary of the
Property, as such parcel is more particularly described in Exhibit "B" attached hereto and
incorporated herein (the "Easement Parcel"); and
WHEREAS, the City desires to construct an at-grade landscaped pedestrian
walkway on the Easement Parcel (the "Walkway") and the Developer desires to dedicate
a perpetual easement for public purposes over the Easement Parcel.
NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Developer by these presents does assign to the City, it successors
and assigns, a perpetual non exclusive easement over and across the Easement Parcel
for the purpose of a public walkway.
Provided, however, that the Developer hereby reserves all right, title, interest and
privilege and the full enjoyment of such Easement Parcel and the use thereof for all
purposes not inconsistent with the use specified above.
The Developer and the City further agree to the following:
1. The Developer hereby grants to the City a right and license to come upon
the Easement Parcel for the purposes of constructing the Walkway.
2. Subsequent to the issuance of the building permit for the Project, but prior
to the issuance of a certificate of occupancy for any portion of the Project,
Worldinvest shall deliver to the City, in form and content reasonably
satisfactory to the City, the following:
(a) a cash deposit or bond in the amount of Fifteen Thousand Dollars
($15,000.00) payable to the City to be used to construct the at grade
walkway upon the Easement Parcel (the "Walkway Security"); and
(b) a cash deposit or bond in the amount of Fifteen Thousand Dollars
($15,000.00) payable to the City to be used to provide landscaping
upon the Easement Parcel (the "Landscape Security").
The City shall attempt to obtain approvals from the State of Florida for
construction of the Walkway, including the landscaping. The Walkway
Security shall provide for payment to the City within twenty (20) days of the
City's written demand to Developer (the "Walkway Demand"), together with
proof that all permits required for construction of the Walkway have been
obtained and the City is ready to begin construction of the Walkway. In the
event the City has not delivered the Walkway Demand to Developer within
five (5) years of the date of this instrument, the Walkway Security shall be
released to Developer and Developer's obligation to pay any portion of the
cost of construction of the Walkway shall be deemed satisfied. In the event
the Walkway Demand is delivered prior to the date the Walkway Security
is provided, Developer shall pay the Fifteen Thousand Dollars ($15,000.00)
to the City within twenty (20) days of the date of the Walkway Demand in
lieu of posting the Walkway Security. In no event shall any certificates of
occupancy be issued for the Project until either the Walkway Security is
posted or payment is made to the City in response to the issuance of the
Walkway Demand.
The Landscape Security shall provide for payment to the City within twenty
(20) days of the City's written demand to Developer (the "Landscape
Demand"), together with proof that all permits required for the landscaping
of the Walkway have been obtained and the City is ready to begin
installation of the landscaping. In the event the City has not delivered the
Landscape Demand to Developer within five (5) years of the date of this
instrument, the Landscape Security shall be released to Developer and
Developer's obligation to pay any portion of the cost of the landscaping
shall be deemed satisfied. In the event the Landscape Demand is delivered
prior to the date the Landscape Security is provided, Developer shall pay
Page 2 of 5
the Fifteen Thousand Dollars ($15,000.00) to the City within twenty (20)
days of the date of the Landscape Demand in lieu of posting the Landscape
Security. In no event shall any certificates of occupancy be issued for the
Project until either the Landscape Security is posted or payment is made
to the City in response to the issuance of the Landscape Demand.
3. The City shall construct the Walkway and install the landscaping on the
Easement Parcel. The City shall deliver notice of its intention to commence
construction of the Walkway or installation of the landscaping to Developer
at least thirty (30) days prior to the date set for such commencement.
4. After construction of the Walkway and installation of the landscaping, the
City shall have the sole responsibility and shall bear the total expense for
the maintenance of the Walkway, except for any repairs or maintenance
arising from the negligence of the Developer.
5. The City shall insure the Walkway in the same manner as it insures all
other public sidewalks.
6. This Grant of Perpetual Easement shall inure to the benefit of, and be
binding upon, the successors and assigns of both parties.
IN WITNESS WHEREOF, the undersigned ha e caused this Grant of Perpetual
Easement to be executed as of the % z- day of , 1996.
WITNESSES: THE DEVELOPER:
WORLDINVEST JOINT VENTURE, a Florida
general partnership
By: Tigerside Investment Corp., a Florida
corporation, general partner of
Worldinvestn-t Ventur
•
Sign Name: �y : - By: \
Print Name: i e✓ St rns - Gas vo Magalhaes Pinto
Secrbtary
Sign Name:
Print Na /' LJ. d'
Page 3 of 5
WITNESSES: THE CITY:
THE CITY MIAMI BEACH, a
municipal orporation
Sign Name:--Lw. `�rr��
� By:
Print Name: Kkrrber\y A- WhOe.- ymo ibex, (\4aor
Sign Name:!/�f iiC Gc1iCl�� a Test: (2oLukk eamiu"
Print Name: He cGv,4 mi7.44_,A‘cl
RoBt12T PRIVIO.ai uszt
FORM APPROVED
LEGA D PT.
STATE OF ) gy
)
COUNTY OF ) Date r/!dd
6 ..
The foregoing instrument was acknowledged before me this I`v day o ,
1996 by Gustavo Magalhaes Pinto, as Secretary of Tigerside Investment Corp , a Flori a
corporation, general partner of Worldinvest Joint Venture, on behalf of the partnership.
He is personally known to me or has produced 7 as identification and who
did (did not) take an oath.
NO RY P B
os,,py°t Ogittii_vvp
CORDERO
i '4' i 4" My Commission CC368654
* IIUlllf d * B Expires May.01,1998
iBonded by HAI
s yQ 800422-1555
Typec���dt�f�'rintede -Name of Notary
My commission expires:
Serial No., if any.
Page 4 of 5
STATE OF FLORIDA )
COUNTY OF DADE )
ti
The fow going ins ument was acknowledged before me this ,✓(/ day of
1996 by ./Ike ,� `l_la, of The City of Miami Beach, a municipal corporation,
on behalf Hof the corporation. He is personally known to me or has produced
as identification and who did (did not) take an oath.
V N TARP 1'U L L.,-/l,'ai (Ac ehu/),//z)
OFFICIAL NOTARY SEAL
LILLIAN BEAUCHAMP
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO.CC347882
( 'trrtRillerei \lotary
My commission expires:
Serial No., if any:
MIA95 13659.4- L1M
1/5/96(1)
Page 5 of 5
Worldinvest Property
EXHIBIT "A"
J.EGAL DESCRIPTION
•
•
Begin (P.0.3.). at the Southwesterly corner of Lot 4. garrison and Bayles Subdivisiop.as recorded in Flat book 9. t pees 73 of the public records of Dade'County. • I
Florida, and run d.1•59'll"J. along the Zaaterly line of Ocean Drive. a distance of 1
295.70 feet to the Southerly line of 15th Street. formerly Avenue "0"; thence run 11.88.00'49"3. along the Southerly lion of 15th Street. a distance of 117.90 to
the Easterly and of 15th Streit, formerly Avenue "D", as as id Avenue "D" is shove on Fishers First Subdivision of Alton Beach. recorded in Flat rook 2. at page 77
of the public records of Dade County. Florida; thence run M.7'34'S9"E. along the
Easterly line of 15th Street. formerly Avenue "D", a distance of 35.49 feat to the
centerline of said Street; thence run R.88.00'49"E. alone the projection Easterly
• of the centerline of 15th Street , a distance of 210.63 feet to the intArsectioa.;f
the Erosion Control Line, recorded in Plat book 105, at page 62 of the public .
- records of Dade County. Florida; thence run S.3'26'32"w. along the Erosion Control
Line. a distance of 332.19 feet to the intersection Of the projection Easterly of
the Southerly line of said Lot 4 of aforesaid garrison and Rayss Subdivision;
thence run 5.88'00'49"W. along the Southerly line of Lot A and its projection
- .Easterly, a distance of 303.00 feet to the Point of Beginning (F.0.B.).
AIE% DESCRIBED C0NTAINS 101,169 SQUARE FEET, MORE OR LESS. OR 2.323 ACRES. MORE
OR LESS. '
•
•
EXHIBIT "B"
LEGAL DESCRIPTION:
A 15 foot wide parcel of land lying in Section 34 Township 53 South Range 42 East,
being more particularly described as follows:
Commence at the Southwest corner of Lot 4, HARRISON AND HAYES SUBDIVISION, os recorded in
Plot Book 9 of Page 73 of the Public Records of Dade County, Florida; thence N 88' 00' 49" E
along the South line of said Lot 4 for 303.00 feet to a point on the Erosion Control
Line, recorded in Plot Book 105 of Poge 62 of the Public Records of Dade County, Florida,
said point being the POINT OF BEGINNING; thence N 03' 26' 32" E along said Erosion Control
Line for 332.17 feet to a point on Easterly extension of the centerline of 15th Street,
formerly Avenue "D", os said Avenue "D" is shown on the Plot of FISHERS SUBDIVISION OF
ALTON BEACH, recorded in Plot Book 2 at Poge 77 of the Public Records of Dade County,
Florida; thence S 88' 00' 49" W along said centerline extension for 15.07 feet to a point
on o line 15.00 feet West of, as measured at right angles, and parallel with said Erosion
Control Line; thence S 03' 26' 32" W along said line for 332.17 feet to a point on the
South line of said Lot 4; thence N 88' 00' 49" E along the South line of said Lot 4 for
15.07 feet to the POINT OF BEGINNING.
SURVEYOR'S NOTES:
— This site lies in Section 34, Township 53 South, Range 42 East, Dode County,
Florida.
— Bearings hereon are referred to on assumed value of N 01'58'04" W for the Easterly
right—of—way line of Ocean Drive.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of
records.
— This is not a "Land Survey" but only o graphic depiction of the description shown
hereon.
— Lands shown hereon containing 4,983 square feet, or 0.1144 acres, more or less.
— Dimensions indicated hereon ore based on Fortin, Leavy, Skiles, sketch #295D-197.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible
charge on October 26, 1995, and meets the Minimum Technical Standards as set forth by
the Florida Boor. of Professional Land Surveyors in Chapter 61G17-6, Florida
Administrotiv- od pursuant to Section 472.027, Florida Statutes.
FORTI , LEAVY SKILES, INC. "NOT VALID UNLESS SEALED"
By
Daniel C. Fortin, For The Firm
Professional Lond Surveyor No. 2853
State of Florida
Drawn By DANJR SKETCH OF DESCRIPTION Date 10/26/95
Cad.No. 951442 Scale 1"=50'
Ref Dwg. 295D-197 F' ORTIN L EAVX SKIMS INC Job.Na 951442
CONSULTING ENGINEERS&LAND SURVEYORS m Na 195A-134
180 Northeast 168th Street/North Miami Beach.Florida 93162
PlottedPh.653- 4 g/Fax 651-7152 Sheet 1 of 2
I ' —1— L_
POINT OF - — - I
GOMVENGEMENT
OCEAN DRIVE
SOUTHWESTERLY CORNER asm•ui a a OINK
OF LOT 4 299,6g 35.00' 35.00'
N 01'58'04' W
-T- 1— T
(Z
I I F. t'
SOUTHERLY UNE OF.1 15th STREET
FORMERLY AVENUE fl PER illI S
PLAT BOOK 2, PAGq 77 ^
PISeeR5 FIRST ISL:OIVISIONg
Of ALTON PAGE 'i I (—
PLAT eoo 2.IPAGE 77 r
al
LOT BLOCK 177 LOT 2 I ") Z> o
1 I = QI
__ r _I �-
___j____
w PER��30.001 WAY ---I---9_�
PLAT ear
a PAGE 77 2.
Co
0
z
P,
W
HARR I SON AND HAYES SIJp I V I S ION 6 5
i
o PLAT COCK. 9. PAGE 75 `�-') i
0 LOT 4 LOT 3 LOT 2 LOT 1 >_'
tO
d�W ,
�z
g J U
IL
N 88'00'49' E 3
17)
' I, S 03'26'32' W c kii g
•
•POINT OF N 3'26 32' E 33•
2.17' �r/ �i/���i
bEG I NN I NO ATLANTIC OCEAN PUT'BOOK CONTROL L PAC PER
DtawnBy DANJR SKETCH OF DESCRIPTION Date 10/26/95
cad Na 951442 .scale 1"=50'
Ref Dn. 295D-197 FORTEV L EA �� ,�'�` INC ✓ott Na 951442
CONSULTING ENGINEERS&LAND SURVEYORS Na 195A-134
180 Northeast I66'th.Street/North Miami Beach,Florida.33162
Pbttad 9/19/95 10,32a Ph.653-44St9/Fax 651-7152 Sheet 2 of 2
Prepared By and Return to:
Judith A. Burke, Attorney at Law
Shutts & Bowen
1600 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
GRANT OF PERPETUAL EASEMENT FOR SIDEWALK PURPOSES
WHEREAS, Worldinvest Joint Venture, a Florida general partnership (the
"Developer") is the owner of that certain property situate, lying and being in Dade County,
Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein
(the "Property"); and
WHEREAS, a plan for the development of the Property (the "Project") was
approved by the Board of Adjustment of the City of Miami Beach on May 5, 1995 under
File No. 2447; and
WHEREAS, as a condition to the approval of the Project, The City of Miami Beach,
Florida (the "City") required that the Developer grant a perpetual easement to the City for
use as a public sidewalk across that certain parcel of land along the western boundary
of the Property, as such parcel is more particularly described in Exhibit "B" attached
hereto and incorporated herein (the "Easement Parcel"); and
WHEREAS, the City currently owns an approximate one foot ten inch (1'10") strip
of land running along side and adjacent to the Easement Parcel, as such parcel is more
particularly described in Exhibit "C" attached hereto and incorporated herein (the "City
Parcel") which will be utilized as, and comprise part of, the sidewalk to be constructed on
the Easement Parcel; and
WHEREAS, the Developer desires to construct a sidewalk on the combined
Easement Parcel and City Parcel (the "Sidewalk") and dedicate a perpetual easement for
public sidewalk purposes over the Easement Parcel and the City agrees to permit the
Developer to construct the Sidewalk on the City Parcel and to accept such easement
granted herein.
NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Developer by these presents does assign to the City, it successors
and assigns, a perpetual non exclusive easement over and across the Easement Parcel
for the purpose of a public sidewalk.
Provided, however, that the Developer hereby reserves all right, title, interest and
privilege and the full enjoyment of such Easement Parcel and the use thereof for all
purposes not inconsistent with the use specified above.
The Developer and the City further agree to the following:
1 . The City hereby grants the Developer a right and license to come upon the
City Parcel for the purposes of constructing the Sidewalk.
2. The Developer shall construct the Sidewalk in compliance with plans and
specifications approved by the City, including the provision of landscaping,
grates and lighting reasonably satisfactory to the City.
3. The City shall have the sole responsibility and shall bear the total expense
for the maintenance of the Sidewalk, except for any maintenance and/or
repair caused by the negligence of Developer or any successor thereto.
4. This Grant of Perpetual Easement for Sidewalk Purposes shall inure to the
benefit of, and be binding upon, the successors and assigns of both parties.
IN WITNESS WHEREOF, the undersigned have caused this Grant of Easement
for Sidewalk Purposes to be executed as of the iy day of 1 -brua.ry , 1996.
WITNESSES: THE DEVELOPER:
WORLDINVEST JOINT VENTURE, a Florida
general partnership
By: Tigerside Investment Corp., a Florida
corporation, general partner of
Worldinuest\Joint Venture)::
\
Sign Name: By:
Print Name: a hv,sBvt Gus avo Magalhaes Pinto
Sec etary
Sign Nam&.
Print Nan) • , -
Page 2 of 4
WITNESSES: THE CITY:
THE CITY OF MIAMI BEACH, a
municipal corporation
Sign Name: R By:
Print Name: -K,t rber I'i A U}iNI Eye l er, cu3v
Sign Name:/kf fe-t.. a/A-6 aTT k t.
Print Name: rie.,,_c6a"A
Rolf ter Ponnt t 0-144.
LEGAL P T.
STATE OF FLORIDA
By
COUNTY OF DADE ) Date V%
The foregoing instrument was acknowledged before me this day of;
1996 by Gustavo Magalhaes Pinto, as Secretary of Tigerside Investment Corp,, a Florida
corporation, general partner of Worldinvest Joint Venture, on behalf of the partnership.
He is..persnnaIly known to me or has produced as identification and who
did (did not) take an oath.
GRACINDA M CORDER(;
+' My Commission CC368655
Alkta Expiros May.01,1998
N• V',I BI=•� •:1 8�.422555
•
--Typed or Printed Name of Notary
My commission expires:
Serial No., if any
Page 3 of 4
-. ..
STATE OF FLORIDA )
COUNTY OF DADE )
The forgoing instrument was acknowledged before me this/�day of/E-�%uu,,, -;
1996 by ,;,> c � `, l e- , of The Cityof Miami Beach, a rf�unici al corpora ion
p p ,
on behalf of the corporation. He is personally known to me or has produced
as identification and who did (did not) take an oath.
.(} GL 1."-
ARY PU Fl I I.NOTARY S L
LILLIAN BEAUCHAMP
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO.CC347882
MY COMMISSION EXP.FEB.13,1998
Typed or Printed Name of Notary
My commission expires:
Serial No., if any:
MIA95 9567.3-L1M
1/5/96
Page 4 of 4
Worldinvest Property
EXHIBIT "A"
j.EGAL DESCRIPTION
•
•
fagin (P.O.S.).• at the Southwesterly corner of Lot 4. Rarrisos end Esyes Subdivision,
as recorded in Flat B 9. t page 73 of the public records of Dads•County,
•
Florida, and sun Y.1•S9'1l"V: along the Lsatsrly line of Ocean Drive. a distance of
295.70 feet to the Southerly line of 15th Street., formerly Avenue "D"; thence rim l
W.B8'00'49"S. along the Sootherly line of 15th Street. a distance of 117.90 to
the Easterly end of 15th Street. formerly Avenue "D", as said Avenue "D" is shows j
on Fishers First Subdivision of Alton leach, recorded is Flat Took 2. at page 77
of the public records of Dade County. Florida; thanes run 11.7'34'S9"F. along the.
Easterly line of 15th Street. forserly Avenue "D", a distance of 35.49 feet to the
centerline of said Street; thence run R.88'00'49"L. along the projection Easterly
• of the centerline of 15th Street , a distance of 210.63 feet to the intNraaction:.ct
the Erosion Control Line. recorded in Plat Book 105, at page 62 of the public . •
- records of Dade County, Florida; thence run S.3'26'32'w. alone the Erosion Contro'
Line, a distance of 332.19 feet to the intersection of the projection Easterly of
the Southerly line of said Lot A of aforesaid Barriaon and Reyes Subdivision;
tbence run S.88'00'49"W. along the Southerly line of Lot A and its projection
- • •Eaatsrly. • distance of 303.00 feet to the Point of Beginning (P.O.S.).
•
ALL% DESCRIBED CONTAINS 101.169 SQUARE FEET. MORE OR LESS. OR 2.323 ACRES. MORE
OR LESS.
•
•
•
•
4
EXHIBIT "B"
EASEMENT DESCRIPTION FOR SIDEWALK
LEGAL DESCRIPTION:
Description of an easement for a sidewalk over and across a portion of Lots 1
thru 4 of the Plot of HARRISON and HAYES SUBDIVISION os recorded in Plot Book 9
of Page 73 of the Public Records of Dade County, Florida and a portion of Lots 1
and 2 Block 77 of the Plot of FISHERS FIRST ADDITION OF ALTON BEACH as recorded
in Plot Book 2 at Page 77 of the Public Records of Dode County, Florida more
particularly described as follows:
Begin of the Southwest corner of said Lot 4; thence N 01'58'04" W along the West
line of said Lots 1 thru 4 and along the West line of said Lots 1 and 2 of Block
77, o distance of 295.68 feet to the Northwest corner of said Lot 2 of Block 77;
thence N 88'00'49" E olong the North line of said Lot 2 Block 77, a distance of
6.20 feet; thence S 01'58'04" E along a line parallel with said west lines for
295.68 feet to o point on the South line of said Lot 4; thence S 88'00'49" W
along the South line of said Lot 4 for 6.20 feet to the POINT OF BEGINNING.
SURVEYOR'S NOTES:
— This site lies in Section 34, Township 53 South, Range 42 East, Dade County,
Florida.
— Bearings hereon are referred to on assumed value of N 01'58'04" W for the Easterly
right—of—way line of Ocean Drive.
— Lands shown hereon were not obstructed for easements and/or rights—of—way of
records.
— This is not o "Land Survey" but only a graphic depiction of the description shown
hereon.
— Lands shown hereon containing 1,833 square feet, or 0.042 acres, more or less.
— Dimensions indicated hereon ore based on Fortin, Leavy, Skiles, sketch #295D-190.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible
"horge on Augu,st--22, 1995, and meets the Minimum Technical Standards as set forth by
the Florida B rd of rofessional Land Surveyors in Chapter 61G17-6, Florida
Administro ' e Code, ursuant to Section 472.027, Florida Statutes.
FORTTh , L -'JY, KILES, INC. "NOT VALID UNLESS SEALED"
Daniel C. Fortin, For The Firm
Professional Lond Surveyor No. 2853
State of Florida
Drawn By ,JJB SKETCH OF DESCRIPTION Date 1 1/21/95
Cad.No. 951591 Scak 1"=60'
Ref.Dwg. 295D- 197 F' ORTIN L EA VY SJULES INC Job.No. 951591
CONSULTING ENGINEERS&LAND SURVEYORS Dwg.Na 19 5A-0 9 3-3
180 Northeast 168th.Street/North Miami Beach,Florida.33162
Plotted 11/21/95 1:48p Ph. 653-4493/Fax 651-7152 Sheet 1 of 2
1
I
iklis. GRAPHIC SCALE
0 30 60 120 wWI
II I
( IN FEET ) I I U)
1 inch = 60 ft. I
II I 1
I I IIW
_ , I
I
rl
II 1 I I
I I d b,1 � � I
_ L _j��sir r ice --+-- -- --
_ ii
c = ='s c=yea e �
�"'"- - ® DRIVE
�� _ OCEAN — NORTHWEST _ Il r - — —
S 88 00'49" W POINT OF IEG NNING LOST LINE OF OSST LINE OF OF LOT 2
S.W. CORNER OF SAID LOT 4 295 68' _ _ —
6.20' N O1_58_04 w = ___ - - - --- - - I
_— --- - - - -- - - 295.68'I I I N 88'00'49"
1 S 01'58'01" E I r 6.20'd I
I 1
SOUTH UNE OF 1 I I I I I I O I I
OF LOT . I I I I 1 ill
1 ii I l I
I
I I
1 II
I 1 I I fisi-r AOOITICN
I ' ` I • 1
� � I I
I I PLAT Goac .PAGE Ti
LOTBLOCK F. LOT :
I4FzizISONAt NASL 0IVISION 1 Pl A GOOK g PAGE 77 1 T I
I LOT 4I LOT 3 I LOT 2 I LOT 1 I
I I I
I
Drawn By JJB SKETCH OF DESCRIPTION .1Date 1 1/21/95
Cad Na 951591
Scale 1" =60'
.Bwg. 2 9 5 D— 19 7 F' OR TIN L EA V Y SKILES INC. Job•Na 951591
CONSULTING ENGINEERS&LAND SURVEYORS [ •Na 19 5A—09 3—3
180 Northeast 168th.Street/North Miami Beach,Florida.33162
Plotted 11/21/95 1:48p Ph.653-4493/Eve 651-7152 Sheet 2 of 2
N.
EXHIBIT "C"
CITY PARCEL
LEGAL DESCRIPTION:
Description of on existing concrete sidewalk lying in the right—of—way of Ocean
Drive adjacent to Lots 1 thru 4 of the Plot of HARRISON and HAYES SUBDMSION as
recorded in Plot Book 9 of Poge 73 of the Public Records of Dode County,
Florida and Lots 1 and 2 Block 77 of the Plat of FISHERS FIRST ADDITION OF ALTON
BEACH as recorded in Plot Book 2 of Page 77 of the Public Records of Dade '
County, Florida more particularly described as follows:
Begin at the Southwest corner of said Lot 4, run N 01'58'04" W along the West
line of said Lots 1 thru 4 and said Lots 1 and 2 of Block 77, o distance of
295.68 feet to the Northwest corner of said Lot 2 of Block 77; thence
S 88'00'49" W along the Westerly extension of the North line of said Lot 2 of
Block 77, o distance of 6.06 feet to o point on the arc of a circular curve; at
which point the bearing to the radius point is S 75'49'21" E; thence left along
the arc of said circular curve, concave to the Southeast, having o radius of
21.06 feet for a distance of 17.41 feet with a central ongle of 47'21'16" to
point of reverse curvature; thence to the right along the arc of o circular
curve, concave to the Southwest with a radius of 13.25 feet for o distance of
7.22 feet and o central angle of 31'11'56" to o point of tangency, thence
S 01' 58'50" E for a distance of 272.05 feet to a point on the Westerly
extension of the South line of said Lot 4; thence N 88'00'49" E for o distance
of 1.86 feet to the POINT OF BEGINNING.
SURVEYOR'S NOTES:
— This site lies in Section 34, Township 53 South, Ronge 42 Eost, Dode County,
Florida.
— Bearings hereon ore referred to on assumed value of N 01'58'04" W for the Easterly
right—of—way line of Ocean Drive.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of
records.
— This is not a "Lund Survey" but only o graphic depiction of the description shown
hereon.
— Lands shown hereon containing 635 square feet, or 0.015 acres, more or less.
— Dimensions indicated hereon ore based on Fortin, Leavy, Ski!es, sketch #295D-190.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible
charge on August 22, 1995, and meets the Minimum Technical Standards as ;;et forth by
the Florida Board fessional Land Surveyors in Chapter 61G17-6, Florida
Administrative ode, pur uont to Section 472.027, Florida Statutes.
FORTI , LEA , S LES, INC. T VALID UNLESS SEALED"
By' -- — — -A—
Daniel C. Fortin, For The irm
Professional Lond Surveyor No. 2853
State of Florida
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CONSULTING ENGINEERS&LAND SURVEYORS Dwp No. 195A-093-2
180 Northeast 168th.Street/North Miami Beach Florida.33162
Plotted 8/23/95 9'55n Ph. 653-4*93/Fax 651-7152 Sheet 1 of 2
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Rer.Dwp. 29 5 D—19 7 FORTJJ L EAVY, SKILES INCyob.No. 951146
CONSULTING ENGINEERS&LAND SURVEYORS D .No. 195A-093-2
180 Northeast 168th.Street/North Miami Beach Florida.33162
Plotted 8/23/95 955a Ph.65?-4493/Five 651-7152 Sheet 2 or 2
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RESOLUTION NO. 95-21835
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH,FLORIDA GRANTING A
PERPETUAL EASEMENT TO THE CITY BY
WORLDINVEST JOINT VENTURE("WORLDINVEST")FOR
USE AS AN AT-GRADE PEDESTRIAN WALKWAY
APPROXIMATELY FIFTEEN FEET IN WIDTH RUNNING
ALONG THE DUNE LINE NEAR THE EASTERN
BOUNDARY OF THE PROPOSED IL VILLAGGIO PROJECT
("PROJECT") TO BE LOCATED SOUTH OF 15TH STREET
AND EAST OF OCEAN DRIVE; GRANTING A PERPETUAL
EASEMENT TO THE CITY BY JEFFERSON PLAZA
LIMITED ("JEFFERSON PLAZA") FOR USE AS AN AT-
GRADE PEDESTRIAN WALKWAY APPROXIMATELY
FIFTEEN FEET IN WIDTH RUNNING ALONG THE DUNE
LINE NEAR THE EASTERN BOUNDARY OF THE
PROPOSED THE STEPS PROJECT TO BE LOCATED
NORTH OF 15TH STREET AND EAST OF COLLINS
AVENUE; THE RELEASE OF A PRIOR EASEMENT HELD
BY THE CITY OVER A PORTION OF THE PROJECT; THE
GRANTING OF A PERPETUAL EASEMENT TO THE CITY
BY WORLDINVEST OVER A PORTION OF THE PROJECT
FOR PUBLIC ACCESS TO THE BEACH; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE TRI-
PARTY AGREEMENT BETWEEN WORLDINVEST,
JEFFERSON PLAZA, AND THE CITY WHICH PROVIDES
FOR,AMONG OTHER THINGS,THE AFOREMENTIONED
EASEMENTS AND THE DEVELOPMENT BY JEFFERSON
PLAZA OF A MODIFIED CUL-DE-SAC ON 15TH STREET
EAST OF OCEAN DRIVE,INCLUDING LANDSCAPING AND
LIGHTING,AND THE DEVELOPMENT BY WORLDINVEST
OF A PEDESTRIAN VEHICULAR ACCESSWAY AND DUNE
CROSSOVER WITH LANDSCAPING TO BE LOCATED ON
A PORTION OF THE PROJECT AND ON CITY PROPERTY,
RESPECTIVELY; AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE GRANT OF PERPETUAL
EASEMENT TO THE CITY BY WORLDINVEST FOR USE AS
A PUBLIC SIDEWALK ALONG THE WESTERN
BOUNDARY OF THE PROJECT.
WHEREAS, the City's Joint Design Review/Historic Preservation Board and Board of
Adjustment have approved,in concept,the proposed easements and public improvements associated
with the 11 Villaggio Project, located south of 15th Street and east of Ocean Drive; and
WHEREAS,the City desires to improve vehicular and pedestrian access to the beach at 15th
Street in an attractive, well-designed manner; and
WHEREAS,the acceptance of the attached Tri-Party Agreement and Release of Easement
and the acceptance of a perpetual easement to the City by Worldinvest for use as a public sidewalk
sets in place the appropriate provisions to ensure the proper development and maintenance of these
easements and improvements.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
Section 1. The Mayor and City Commission approve the attached Tri-Party Agreement
and Release of Easement which provides for, among other things:
a) The granting of a perpetual easement to the City by
Worldinvest Joint Venture for use as an at-grade
pedestrian walkway across that certain parcel of land
approximately fifteen (15) feet in width running along
the dune line near the eastern boundary of the
proposed Il Villaggio Project to be located south of
15th Street and East of Ocean Drive; and
b) The granting of a perpetual easement to the City by
Jefferson Plaza Limited for use as an at-grade
pedestrian walkway across that certain parcel of land
approximately fifteen (15) feet in width running along
the dune line near the eastern boundary of the
proposed The Steps Project to be located north of
15th street and east of Collins Avenue; and
c) The release of a prior easement held by the City over
a portion of the 11 Villaggio Project and the granting of
a perpetual easement to the City by Worldinvest Joint
venture over a portion of the Il Villaggio Project
commencing east of the cul-de-sac at the intersection
of 15th Street and Ocean Drive and continuing
eastward over the dune line for public access to the
beach; and
2