C7B-Approve Escrow Agreement With Jose R RomeroCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission approving an escrow agreement between
the City and Jose R. Romero in the amount of $200,000 from the sale of certain Homestead
properties to be used for the rehabilitation and compliance with code violations on the Miami
Beach properties located at 6955 Carlyle Avenue; 8119 Crespi Boulevard; and 8230 Byron
Avenue and authorizing the City Manager to take such action and execute any and all
necessary documents.
Ke Intended Outcome Supported:
Increase resident's satisfaction with level of Building Enforcement.
Supportin Data:
(Surveys, Environmental Scan, etc.}: 61% of residents are satisfied with fairness and
consistenc of enforcement of codes and ordinances.
Issue:
Shall the Mayor and City Commission approve Resolutions approving this Escrow
A reement?
Item Summary/Recommendation:
Jose R. Romero is the owner of three Miami Beach properties with numerous unpaid building
and code compliance violations: 6955 Carlyle Avenue; 8110 Crespi Boulevard; and 8230
Byron Avenue. The City of Miami Beach has recorded numerous liens, including a lien for
unpaid Resort Taxes, against these properties and all other properties owned by Jose
Romero in Miami-Dade County.
Mr. Romero is now selling his properties in Homestead to the Dade County Public Schools
and needs our liens to be removed from these properties. In order to allow the sale of the
properties in Homestead, the City of Miami Beach and Jose Romero have agreed on an
Escrow Agreement.
The Escrow Agreement provides for the sum of $200,000.00 to be held in escrow for a
period of two (2) years. The $200,000.00 is non-refundable. The sum of $100,000.00 will be
set aside for Mr. Romero to use for rehabilitating the Miami Beach Properties, and the sum of
$100,000.00 will be set aside and applied to the outstanding fines, should Mr. Romero
request mitigation once the Miami Beach Properties are brought into compliance within two
(2) years of the effective date of the Escrow Agreement
Advisory Board Recommendation:
Financial Information:
Source of I I Amount I Account
Funds: I I I
~--~--------~------------------------------------~ Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
GPE
Department
Director
Assistant City Manager
POW I JS
C9 MIAMI BEACH 215
JMG
City Manager
AGENDA ITEM C-7 f3
DATE 3 -,;?-./-IL
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www. miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Ci y Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 21, 2012 ~
SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN ESCROW AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND JOSE R. ROMERO TO
ESCROW $200,000 FROM THE SALE OF 204 NORTH FLAGLER AVENUE,
HOMESTEAD, FLORIDA; 550 NORTH FLAGLER AVENUE, HOMESTEAD,
FLORIDA; 610 NORTH FLAGLER AVENUE, HOMESTEAD, FLORIDA; AND
700 NORTH FLAGLER AVENUE, HOMESTEAD, FLORIDA; IN ORDER TO
FACILITATE THE REHABILITATION OF AND COMPLIANCE WITH
OUTSTANDING CODE VIOLATIONS ON THE REAL PROPERTY LOCATED
AT 6955 CARLYLE AVENUE, MIAMI BEACH, FLORIDA; 8119 CRESPI
BOULEVARD, MIAMI BEACH, FLORIDA; AND 8230 BYRON AVENUE, MIAMI
BEACH, FLORIDA OWNED BY JOSE R. ROMERO; AND FURTHER
AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution authorizing the execution of the Escrow Agreement as described.
ANALYSIS
Jose R. Romero is the owner of the following properties: 6955 Carlyle Avenue, Miami Beach,
Florida; 8110 Crespi Boulevard, Miami Beach, Florida; and 8230 Byron Avenue, Miami Beach,
Florida (the "Miami Beach Properties.") The Miami Beach Properties are the subject of
numerous building and code compliance violations. In its governmental and regulatory capacity,
the City of Miami Beach recorded numerous liens, including a lien for unpaid Resort Taxes, in
the public records of Miami-Dade County, Florida. These liens attach to all real property owned
by Jose Romero.
On repeated occasions, City of Miami Beach staff has met with Mr. Romero to discuss bringing
the Miami Beach Properties into compliance. However, due to the nature of the violations and
the cost of bringing the Miami Beach Properties into compliance, Mr. Romero has not had the
financial means to do so.
In addition to the Miami Beach Properties, Mr. Romero is the owner of the following properties:
204 North Flagler Avenue, Homestead, Florida; 550 North Flagler Avenue, Homestead, Florida;
610 North Flagler Avenue, Homestead, Florida; and 700 North Flagler Avenue, Homestead,
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Florida (the "Homestead Properties.")
The Homestead Properties are encumbered by the City of Miami Beach's liens. In order for Mr.
Romero to sell the Homestead Properties and convey clear title, Mr. Romero contacted staff to
discuss releasing the Homestead Properties from the City of Miami Beach liens. In addition to
the City of Miami Beach liens, the Homestead Properties are encumbered by a mortgage and
other municipal liens.
In order to facilitate the closing on the Homestead Properties and in exchange for the City of
Miami Beach issuing a partial release of lien only as to the Homestead Properties, Mr. Romero
agreed that the total proceeds received from this sale, in the amount of $200,000.00, would be
held in escrow by the City of Miami Beach with the City of Miami Beach acting as the escrow
agent.
The purpose of the Escrow Agreement is to ensure that the Miami Beach Properties are brought
into compliance and that Mr. Romero would not be able to use the proceeds from the sale of the
Homestead Properties for anything other than rehabilitating the Miami Beach Properties.
The Escrow Agreement provides for the sum of $200,000.00 to be held in escrow for a period of
two (2) years. The $200,000.00 is non-refundable. Of the funds in escrow, $100,000.00 will be
set aside for Mr. Romero to use for rehabilitating the Miami Beach Properties, and the sum of
$100,000.00 will be set aside and applied to the outstanding fines, should Mr. Romero request
mitigation once the Miami Beach Properties are brought into compliance within two (2) years of
the effective date of the Escrow Agreement.
In the event that Mr. Romero fails to comply with the terms of the Escrow Agreement, any
unused escrowed funds will be forfeited to the City of Miami Beach and all City of Miami Beach
liens will remain on the Miami Beach Properties.
The Escrow Agreement also provides for payment in full to satisfy the Resort Tax Lien.
ADIMINISTRATION RECOMMEDATION
Adopt the Resolution authorizing the City Manager to execute the Escrow Agreement.
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RESOLUTION NO. 2012-____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ESCROW
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND JOSE
ROMERO TO ESCROW FUNDS FROM THE SALE OF 204 NORTH
FLAGLER AVENUE, HOMESTEAD, FLORIDA; 550 NORTH FLAGLER
AVENUE, HOMESTEAD, FLORIDA; 610 NORTH FLAGLER AVENUE,
HOMESTEAD, FLORIDA; AND 700 NORTH FLAGLER AVENUE,
HOMESTEAD, FLORIDA; IN ORDER TO FACILITATE THE
REHABILITATION OF AND COMPLIANCE WITH OUTSTANDING
CODE VIOLATIONS ON THE REAL PROPERTY LOCATED AT 6955
CARLYLE AVENUE, MIAMI BEACH, FLORIDA; 8119 CRESPI
BOULEVARD, MIAMI BEACH, FLORIDA; AND 8230 BYRON AVENUE,
MIAMI BEACH, FLORIDA OWNED BY JOSE ROMERO; AND
FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH
ACTION AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS.
WHEREAS, Jose Romero is the owner of certain properties located in the City of
Miami Beach, Florida, to wit:
6955 Carlyle Avenue;
8119 Crespi Boulevard; and
8230 Byron Avenue
(the "Miami Beach Properties); which are in violation of numerous City of Miami Beach
Code provisions and for which the City of Miami Beach recorded liens for
noncompliance; and
WHEREAS, in its governmental and regulatory capacity, the City of Miami Beach
is requiring Jose Romero to comply with the City of Miami Beach Code and make the
necessary repairs to the Miami Beach Properties; and
WHEREAS, Jose Romero is the owner of certain properties located in the City of
Homestead, Florida, to wit:
204 North Flagler Avenue;
550 North Flagler Avenue;
610 North Flagler Avenue; and
700 North Flagler Avenue
(the "Homestead Properties"); and
WHEREAS, the City of Miami Beach and Jose Romero have agreed that the
sum of $200,000.00 is required for releasing the Homestead Properties from the City
Liens.
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WHEREAS, the City of Miami Beach and Jose Romero have agreed that the
sum of $200,000.00 shall be held by the City of Miami Beach in Escrow (the "Escrowed
Money") in consideration for issuing Partial Releases of Liens; and
WHEREAS, the City of Miami Beach and Jose Romero now agreed that the City
of Miami Beach shall be the escrow agent {the "Escrow Agent") and that the Escrowed
Money is being created to facilitate the rehabilitation of and compliance with all code
violations on the City of Miami Beach Properties; and
WHEREAS, it is in the best interest of the City of Miami Beach to enter into the
attached Escrow Agreement, Exhibit "A."
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
That the Mayor and the City Commission hereby authorize the City Manager to
enter into the Escrow Agreement between the City of Miami Beach and Jose Romero to
escrow funds from the sale of 204 North Flagler Avenue, Homestead, Florida; 550 North
Flagler Avenue, Homestead, Florida; 610 North Flagler Avenue, Homestead, Florida;
and 700 North Flagler Avenue, Homestead, Florida; in order to facilitate the
rehabilitation of and compliance with outstanding code violations on the real properties
located at 6955 Carlyle Avenue, Miami Beach, Florida; 8119 Crespi Boulevard, Miami
Beach, Florida; and 8230 Byron Avenue, Miami Beach, Florida owned by Jose Romero;
and further authorizing the City Manager to take such action and execute any and all
necessary documents.
PASSED AND ADOPTED this ___ day of------' 2012.
ATTEST: APPROVED:
City Clerk Mayor
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ESCROW AGREEMENT
THIS ESCROW AGREEMENT (the "Agreement") is made and entered into as
of the _ day of December, 2011 ("Effective Date") between Jose R. Romero
("ROMERO") and the City ofMiami Beach, Florida (the "City" or "Escrow Agent.")
RECITALS
A. ROMERO is the owner of certain properties located in the City of Miami
Beach and located at:
6955 Carlyle A venue, Miami Beach, Florida;
8119 Crespi Boulevard, Miami Beach, Florida; and
8230 Byron Avenue, Miami Beach, Florida (the "Miami Beach
Properties");
which are in violation of numerous City of Miami Beach Code provisions and for which
the City recorded liens for noncompliance. A list of the liens recorded in Public Records
by the City is attached hereto as Exhibit "A" (the "City Liens").
B. In its governmental and regulatory capacity, the City is requmng
ROMERO to comply with the City of Miami Beach Code and make the necessary repairs
to the Miami Beach Properties to comply with the attached violations.
C. The City has agreed to issue a partial release of lien (the 'Partial Release
of Lien") only as to the properties owned by ROMERO, listed below, and as legally
described in Exhibit "B" (the "Homestead Properties"):
204 North Flagler A venue, Homestead, Florida;
550 North Flagler Avenue, Homestead, Florida;
610 North Flagler Avenue, Homestead, Florida; and
700 North Flagler Avenue, Homestead, Florida;
upon the receipt of TWO HUNDRED THOUSAND DOLLARS AND 00/100
($200,000.00) from the sale of the Homestead Properties. The Partial Release of Lien
shall be in writing and in recordable form to be delivered to the Clerk of the Court for
recording. ROMERO shall be responsible for the cost of recordation.
D. Upon the sale of the Homestead Properties, the City shall also receive a total
amount due by ROMERO for Resort Tax Liens, in the amount of FOUR THOUSAND
EIGHT HUNDRED TWENTY FIVE and 00/100 Dollars ($4,825.00). This payment is
considered a payoff in full. The Satisfaction of Lien shall be in writing and in recordable
form to be delivered to the Clerk of Court for recording. ROMERO shall be responsible
for the cost of recordation.
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NOW, THEREFORE, in consideration of the premises and for other good and
valuable consideration, the receipt and sufficiency of which hereby acknowledged, the
parties hereby agree as follows:
1. The City and ROMERO agree that the foregoing recitals are true and
correct and are incorporated herein as if repeated at length.
2. The City and ROMERO have agreed that the sum of $4,825.00 is required
for releasing the Homestead Properties from the City's Resort Tax Liens.
3. The City and ROMERO have agreed that the sum of $200,000.00 1s
required for releasing the Homestead Properties from the City Liens.
4. The City and ROMERO agree that the sum of $200,000.00 shall be held
by the City in Escrow as consideration for issuing the Partial Release of Lien (the
"Escrowed Money").
5. The City and ROMERO agree that the City will open two (2) separate
accounts with the Escrowed Money, as more particularly set forth in Sections 7(a) and (b)
hereof.
6. The City and ROMERO agree that the City shall not be obligated to invest
the Escrowed Money in an interest-bearing account.
7. The City and ROMERO agree that the City shall be the escrow agent
("Escrow Agent") and that the Escrowed Money is being created for the following
purposes:
a. REP AIRS/COMPLIANCE: The sum of ONE HUNDRED
THOUSAND AND 00/100 Dollars ($100,000.00) is non-refundable and is to be held by
the City in escrow for a period not to exceed two (2) years from the Effective Date of this
Agreement, to be used solely by ROMERO for remediation of all violations on the
Miami Beach Properties and for bringing all violations into compliance. The City shall
allow ROMERO to request draws against the Escrowed Money, upon proof that each
stage of the work has been completed, or for the purpose of obtaining permits from
regulatory authorities. Should ROMERO fail to bring the Miami Beach Properties into
compliance within the two (2) years :from the Effective Date of this Agreement,
ROMERO shall forfeit the $100,000.00 completely and the monies shall be released to
the City. In the event that the total amount of the repairs and cost for bringing the Miami
Beach Properties into compliance is less than $100,000.00, then ROMERO agrees to
release the balance of the Escrowed Monies to the City at the end of the two (2) year
period; and
b. PENDING MITIGATION: The sum of ONE HUNDRED
THOUSAND AND 00/100 Dollars ($100,000.00) is non-refundable and shall be held by
the City in escrow for a period not to exceed two (2) years from the Effective Date of this
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Agreement, for the purpose of affording ROMERO the opportunity to request mitigation
of all existing fines on the Code violation cases issued by the City against ROMERO on
the Miami Beach Properties. Should ROMERO fail to mitigate the liens on the Miami
Beach Properties within the two (2) years from the Effective Date of this Agreement,
ROMERO shall forfeit the $100,000.00 completely and the monies shall be released to
the City. In the event that ROMERO obtains compliance with all violations on the
Miami Beach Properties and is successful in his request for mitigation, the $100,000.00
will be used as a credit toward the mitigated amount.
8. Notices. All notices required or permitted to be given hereunder shall be
in writing and sent by overnight delivery service (such as Federal Express), in which case
notice shall be deemed given on the day after the date sent, or by personal delivery, in
which case notice shall be deemed given on the date received, or by certified mail, in
which case notice shall be deemed given three (3) days after the date sent, or by fax (with
copy by overnight delivery service), in which case notice shall be deemed given on the
date sent, to the appropriate address indicated below or at such other place or places as
either Buyer or Seller may, from time to time, respectively, designate in a written notice
given to the other in the manner described above.
If to ROMERO: Jose R. Romero
204 N. Flagler Avenue
Homestead, Florida 33033
Telephone No.:305-910-1814
Facsimile: ------------------
Ifto City: Office ofthe City Attorney
City of Miami Beach
1700 Convention Center Drive. Fourth Floor
Miami Beach, Florida 33139
Attn: Jose Smith, City Attorney
Telephone: 305-673-7470
Facsimile: 305-673-7002
If to Escrow Agent: Patricia D. Walker, Chief Financial Officer
City of Miami Beach
1700 Convention Center Drive, Third Floor
Miami Beach, Florida
Telephone: 305-673-7000, ext. 6461
Each party shall have the right to change the address or name of the person to
whom such notices are to be delivered by notice to the other party.
9. The terms and conditions of this Agreement shall inure to the benefit of and be
binding upon the permitted successors and assigns of each of the parties hereto.
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10. This Agreement may be modified only by a written amendment signed by all
parties hereto.
11. This Agreement shall be construed and enforced according to the laws of the
State ofFlorida.
12. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
13. ROMERO hereby acknowledges that he has been represented by legal
counsel of his choice, namely Marc D. Kleiner, Esq., Kleiner & Cazeau, P.L., 18305
Biscayne Boulevard, Suite 302 Aventura, Florida 33160.
14. Each party represents and acknowledges that this Agreement has been
entered into freely and voluntarily and that there has been no undue influence or duress
brought by either party, and that each party is aware of and understands the contents and
implications hereof and acknowledges the same.
15. All understandings and agreements heretofore made between the parties are
merged in this Agreement. There are no oral promises, conditions, representations,
understandings, interpretations or terms of any kind as conditions or inducements to the
execution of this Agreement in effect between the parties. No change or modification of
this Agreement shall be valid unless the same is in writing and signed by the parties
hereto. No waiver of any of the provisions of this Agreement shall be valid unless the
same is in writing and is signed by the party against which it is sought to be enforced and
shall be valid only for the particular time and circumstances for which it is obtained.
16. Escrow Agent agrees to perform the duties of Escrow Agent under this
Agreement and to hold and disburse the Escrowed Money strictly in accordance with the
provisions hereof.
17. In performing any of its duties under this Agreement, or upon the claimed
failure to perform its duties hereunder, Escrow Agent shall not be liable to anyone for
damages, losses or expenses which may occur as a result of Escrow Agent's so acting, or
failing to act; except, however, Escrow Agent shall be liable for damages arising out of
its willful default or gross negligence under this Agreement. Accordingly, Escrow Agent
shall not incur any such liability with respect to (i) any good faith act or omission upon
advice of counsel given with respect to any questions relating to the duties and
responsibilities of Escrow Agent, hereunder, or (ii) any good faith act or omission in
reliance upon any document, including any written notice or instructions provided for in
the Agreement, not only as to its due execution and to the validity and effectiveness of its
provisions but also as to the truth and accuracy of any information contained therein,
which Escrow Agent shall in good faith believe to be genuine, to have been signed or
presented by the proper person or persons and to conform with the provisions of this
Agreement.
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18. The Escrow Agent shall not be liable in any manner for the sufficiency or
correctness as to the form, manner of execution or validity of any written instructions
delivered to it, nor as to the identity, authority or rights of any person executing same.
The duties of the Escrow Agent shall be limited to compliance with the written terms of
this Agreement or to disbursement of the funds received hereunder in accordance with
the written instruction described above. The Escrow Agent undertakes to perform only
such duties as are expressly set forth herein, and no implied duties or obligations shall be
read into this Agreement against the Escrow Agent. Upon the Escrow Agent's disbursing
the Escrow Money in accordance with the provisions hereof, the escrow shall terminate
as regards such Escrow Money, and Escrow Agent shall thereafter be release and relieved
of and from any and all liability and obligation hereunder in connection therewith.
19. If any dispute or difference arises between ROMERO, the City, the Escrow
Agent, or any person, or if conflicting demands shall be made upon the Escrow Agent,
Escrow Agent may file a suit in interpleader in the Circuit Court of Miami-Dade County,
Florida for the purpose of having the respective rights of the parties adjudicated and
deposit with the Court any or all funds held hereunder. Upon the institution of such
interpleader suit or other action and the deposit of such funds with the Court and the
giving of notice thereof to the parties thereto by personal service or in accordance with
the order of the Court, Escrow Agent shall be fully released and discharged from all
further obligations hereunder with respect to the funds so deposited. ROMERO agrees to
pay to Escrow Agent, on demand, any and all costs and reasonable attorneys' fees
incurred by Escrow Agent in connection with such interpleader or other action and to
indemnify and hold and save Escrow Agent harmless from any and all loss, costs,
damage or liability hereunder not arising from willful misconduct or gross negligence of
the Escrow Agent.
20. In connection with any litigation arising out of this Agreement, the prevailing
parties in such litigation shall be entitled to recover from the defeated parties, all costs
incurred, including reasonable attorneys' fees, and all costs and attorneys' fees on appeal
including costs and attorneys' fees it is required to pay the Escrow Agent pursuant to this
Agreement.
IN WITNESS WHEREOF, this Agreement has been signed on behalf of the
parties hereto as of the day and year first above written.
Approved
Jorge M. Gonzalez, City Manager
Date Executed: ________ , 2011
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APPROVED AS TO
fORM & LANGUAGt
& FOR EXECUTION
Exhibit "A"
Property Address located at: 6955 Carlyle Avenue, Miami Beach, Florida:
1. Special Master Case# JC080000140 (ORB 27691 page 1154)
Department Violation: CE07007010
2. Special Master Case# JC090000751 (ORB 27183 page 1614)
Department Violation: CE09001150
3. Special Master Case# JC09000752 (ORB 27099 page 4306)
Department Violation: CE09002202
4. Special Master Case# JC06000774 (ORB 25285 page 2715)
Department Violation: CE06000505
5. Special Master Case# JC03000276 (ORB 26923 page 361)
Department Violation: CE02004840
6. Special Master Case# JC09000534 (ORB 27000 page 3114)
Department Violation: CE09002201
7. Special Master Case# JC09000533 (ORB 27000 page 3115)
Department Violation: CE09002200
8. Special Master Case# JC06000944 (ORB 25538 page 892)
Department Violation: CE06000506
9. Special Master Case# JC08000140 (ORB 27691 page 1154)
Department Violation: CE07007010
10. Special Master Case# JB09000175 (ORB 26960 page 1944)
Department Violation BV09000153
11. Special Master Case# JB09000176 (ORB 26960 page 1945)
Department: BV09000154
12. Special Master Case#: JB08000479 (ORB 26996 page 4742)
Department Violation: BV08000735
Property Address located at: 8119 Crespi Blvd., Miami Beach, Florida:
1. Special Master Case# JC03000845 (ORB 22509 page 4893)
Department Violation: CE03002797
2. Special Master Case# JC 03000845 (ORB 21985 page 4782)
Department Violation: CE03002797
Property Address located at: 8230 Byron A venue, Miami Beach, Florida:
1. Special Master Case# JC 11000419 (ORB 27810 page 1774)
Department Violation: CE 1001001
2. Special Master Case# JB1100037l(ORB 27703 page 1824)
Department Violation BV10001009
3. Special Master Case# JB04000046 (ORB 22904 page 4381)
Building Violation: BV04000027
4. Special Master Case# JB080000191(0RB 26672 page 355)
Department Violation# BV08000307
5. Special Master Case# JC02000357 (ORB 20493 page 1744)
Code Violation: CE 02001092
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Exhibit "B"
PARCEL 1: 204 North Flagler A venue, Homestead, Florida
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-
QUARTER OF SECTION 18, TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE
N89°10'43"E, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER,
A DISTANCE OF 13833 FEET; THENCE N00°49'17"W, A DISTANCE OF 30.00
FEET; THENCE N89°10'43"E, A DISTANCE OF 226.51 FEET TO A POINT SAID
POINT ALSO BEING A POINT ON THE ARC OF A NON-TAN GENT CIRCULAR
CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID
POINT BEARS N53°58'23"W); THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 1050.00 FEET, A
CENTRAL ANGLE OF 05°30'35", A CHORD DISTANCE OF 100.93 FEET, A
CHORD BEARING OF N33°16'20"E, AN ARC DISTANCE OF 100.97 FEET;
THENCE N30°31'02"E, A DISTANCE OF 200.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST HAVING FOR ITS ELEMENTS A RADIUS OF
950.00 FEET, A CENTRAL ANGLE OF 10°45'25", A CHORD DISTANCE OF 178.10
FEET, A CHORD BEARING OF N35°53'44"E, AN ARC DISTANCE OF 178.36 FEET;
THENCE N41°16'27"E, A DISTANCE OF 45537 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE N41 °16'27"E, A DISTANCE OF 505.00 TO A
POINT; THENCE S48°26,09"E, A DISTANCE OF 140.00 FEET TO A POINT;
THENCE RUN S4 1 °16'27"W, A DISTANCE OF 505.00 FEET TO A POINT;
THENCE RUN N48°26'09"W, A DISTANCE OF 140.00 FEET TO THE POINT OF
BEGINNING. SAID PARCEL CONTAINS 1623 ACRES, MORE OR LESS.
PARCEL 2: 550 North Flagler Avenue, Homestead, Florida
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-
QUARTER OF SECTION 18, TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE
N89°10'43"E, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER,
A DISTANCE OF 13833 FEET; THENCE N00°49'17"W, A DISTANCE OF 30.00
FEET; THENCE N89°10'43"E, A DISTANCE OF 226.51 FEET TO A POINT, SAID
POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT CIRCULAR
CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID
POINT BEARS N53°58'23"W); THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 1050.00 FEET, A
CENTRAL ANGLE OF 05°30'35", A CHORD DISTANCE OF 100.93 FEET, A
CHORD BEARING OF N33° 16'20"E, AN ARC DISTANCE OF 100.97 FEET;
THENCE N30°31'02"E, A DISTANCE OF 200.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST, HAVING FOR ITS ELEMENTS A RADIUS OF
950'00 FEET, A CENTRAL ANGLE OF ,10°45'25", A CHORD DISTANCE OF 178.10
FEET. A CHORD BEARING OF N35°53'44"E, AN ARC DISTANCE OF 17836 FEET;
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THENCE N41 °16'27"E, A DISTANCE OF 1,715.34 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE N41°16'27"E, A DISTANCE OF 316.99 FEET
TO A POINT; THENCE S48°43'33"E, A DISTANCE OF 140.00 FEET TO A POINT;
THENCE RUN S41°16'27"WW, A DISTANCE OF 316.99 FEET TO A POINT;
THENCE RUN N48°43'33"W, A DISTANCE OF 140.00 FEET TO THE POINT OF
BEGINNING. SAID PARCEL CONTAINS 1.018 ACRES, MORE OR LESS.
PARCEL 3: 610 North Flagler Avenue, Homestead, Florida
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-
QUARTER OF SECTION IS, TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE
N89°10'43"E, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER,
A DISTANCE OF 138.33 FEET; THENCE N00°49' 17"W, A DISTANCE OF 30.00
FEET; THENCE N89°10'43"E, A DISTANCE OF 226.51 FEET TO A POINT, SAID
POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT CIRCULAR
CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID
POINT BEARS N53°58'23"W): THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 1050.00 FEET, A
CENTRAL ANGLE OF 05°30'35", A CHORD DISTANCE OF 100.93 FEET, A
CHORD BEARING OF N33°16'20"E, AN ARC DISTANCE OF 100.97 FEET;
THENCE N30°31'02"E, A DISTANCE OF 200.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST, HAVING FOR ITS ELEMENTS A RADIUS OF
950.00 FEET, A CENTRAL ANGLE OF 10°45'25", A CHORD DISTANCE OF 178.10
FEET, A CHORD BEARING OF N35°53'44"E, AN ARC DISTANCE OF 178.36
FEET; THENCE N41°16'27"E, A DISTANCE OF 2,032.33 FEET TO THE POINT OF
BEGINNING, THENCE CONTINUE N41 °16'27"E, A DISTANCE OF 289.06 FEET
TO A POINT; THENCE N41 °16'35"E, A DISTANCE OF 52.61 FEET TO A POINT;
THENCE S48°43'33"E, A DISTANCE OF 140.00 FEET TO A POINT; THENCE RUN
S41 °16'35"W, A DISTANCE OF 52.61 FEET TO A POINT; THENCE RUN
S41 °16'27"W, A DISTANCE OF 289.06 FEET TO A POINT; THENCE RUN
N48°43'33"W, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1.098 ACRES, MORE OR LESS.
PARCEL 4: 700 North Flagler A venue, Homestead, Florida
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-
QUARTER OF SECTION 18, TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE
N89°10'43"E, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER,
A DISTANCE OF 138.33 FEET; THENCE N00°49'1 7"W, A DISTANCE OF 30.00
FEET; THENCE N89°10'43"E, A DISTANCE OF 226.51 FEET TO A POINT. SAID
POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT CIRCULAR
CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID
POINT BEARS N53°58'23"W; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE HAVING FOR ITS ELEMENTS A RADIUS OF 1050.00 FEET, A
CENTRAL ANGLE OF 05°30'35", A CHORD DISTANCE OF 100.93 FEET, A
CHORD BEARING OF N33°16'20"E, AN ARC DISTANCE OF 100.97 FEET;
THENCE N30°31'02"E, A DISTANCE OF 200.00 FEET; THENCE
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NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST, HAVING FOR ITS ELEMENTS A RADIUS OF
950.00 FEET, A CENTRAL ANGLE OF 10°45'25", A CHORD DISTANCE OF 178.10
FEET, A CHORD BEARING OF N35°53'44"E, AN ARC DISTANCE OF 178.36
FEET; THENCE N41 °16'27"E, A DISTANCE OF 2321.39 FEET; THENCE
N41°16'35"E, A DISTANCE OF 52.61 FEET TO THE POINT OF BEGINNING;
THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR
CURVE CONCAVE TO THE SOUTHEAST, HAVING FOR ITS ELEMENTS A
RADIUS OF 950.00 FEET, A CENTRAL ANGLE OF 12°26'11 ", A CHORD
DISTANCE OF 205.80 FEET, A CHORD BEARING OF N47°29'41"E, AN ARC
DISTANCE OF 206.20 FEET; THENCE N53°42'46"E, A DISTANCE OF 200.00
FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT
CIRCULAR CURVE CONCAVE TO THE NORTHWEST, HAVING FOR ITS
ELEMENTS A RADIUS OF 1050.00 FEET, A CENTRAL ANGLE OF 12°26'11 ", A
CHORD DISTANCE OF 227.46 FEET, A CHORD BEARING OF N47°29'40"E, AN
ARC DISTANCE OF 227.91 FEET; THENCE N41°16'35"E, A DISTANCE OF 43.17
FEET TO AN INTERSECTION OF A LINE LYING 35.00 FEET SOUTH OF AND
PARALLEL WITH THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF
THE AFOREMENTIONED SECTION 18; THENCE RUN N89°10'46"E, ALONG THE
SAID LINE, A DISTANCE OF 40.83 FEET TO THE EAST LINE OF THE
NORTHWEST QUARTER OF THE AFOREMENTIONED SECTION 18; THENCE
S0°24'41 "E, A DISTANCE OF 29.63 FEET; THENCE S41 °16'35"W, A DISTANCE OF
674.43 FEET; THENCE N48°43'33"W, A DISTANCE OF 140.00 FEET TO THE
POINT OF BEGINNING. SAID PARCEL CONTAINS 1.42 ACRES, MORE OR LESS.
LESS AND EXCEPT FROM THE ABOVE DESCRIBED PARCEL THAT PORTION
TAKEN BY THE ACCESS RAMP FOR CAMPBELL DRIVE AND DESCRIBED AS
FOLLOWS: COMMENCE AT THE NE CORNER OF THE NW 1/4 OF SECTION 18,
TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE RUN WESTERLY ALONG
THE NORTH LINE OF SAID SECTION 18 WITH A BEARING OF S89°10'46"W, A
DISTANCE OF 9.46 FEET TO A POINT; THENCE RUN S41 °16'35"W, A DISTANCE
OF 47.17 FEET TO THE POINT OF BEGINNING OF THE PORTION BEING
DESCRIBED HEREON; THENCE CONTINUE S41 °16'35"W, A DISTANCE OF 18.62
FEET TO A POINT; THENCE RUN S48°45'E, A DISTANCE OF 50.00 FEET TO A
POINT; THENCE RUN N41 °16'35"E, A DISTANCE OF 23.84 FEET TO A POINT;
THENCE RUN N0°24'41 "W, ALONG THE EAST LINE OF THE NW 1/4 OF SAID
SECTION 18, A DISTANCE OF 29.63 FEET TO A POINT; THENCE RUN
WESTERLY ALONG A LINE BEING 35 FEET SOUTH OF AND PARALLEL TO
THE NORTH LINE OF SAID SECTION 18, WITH A BEARING OF S89°10'46"W, A
DISTANCE OF 40.83 FEET TO THE POINT OF BEGINNING. SAID LESS AND
EXCEPT PORTION CONTAINS AN AREA OF 1,666.5 SQUARE FEET, MORE OR
LESS.
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