Release of Easement Agreement
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P ATHMAN
LEWIS, LLP
ATTORNEYS AT LAW
WAYNE M. PATHMAN, P.A.
HAROLD L. LEWIS, P.A.
ROGER SLADE*
ALEX KURKIN
DAVID E. SACKS
MARC C. PUGLIESE
LOUIS P. ARCHAMBAULT
MARC E. BRANDES
ONE BISCAYNE TOWER. SUITE 2400
2 SOUTH BISCAYNE BOULEVARD
MIAMI, FLORIDA 33131-1803
TELEPHONE (305) 379-2425
FACSIMILE (305) 379-2420
DAVID E. SACKS
dsacks@pathmanlewis.com
*also admitted to practice in
New York & Connecticut
July 16, 2004
VIA FEDERAL EXPRESS
Raul J. Aguila, Esq.
City of Miami Beach
1700 Convention Center Drive
Fourth Floor
Miami Beach, FL 33139
Re: Crown Hotel Termination and Abandonment of Beach Easement
Dear Raul:
Enclosed please find three (3) original sets of the Beach Easement release
documents that have been executed by our client. Please have the City of Miami Beach
sign where indicated and return the original set to us for recording at your earliest
convenience.
Also, this letter shall serve to clarify that the release letter agreement ("Release
Letter") releases the City from its rightslobligations under the Easement to construct jetties,
groynes, seawalls and/or bulkheads in the easement area only (Lot 3, Block 33 - which is
only a portion of the Crown Hotel Property).
Should you have any questions or concerns please feel free to contact me.
Very truly yours,
DES:mrf
Enclosures
r:\atlantic pacific property\atlantic pacific property - crown hotel\ltrs\(-) Itr to cmb for signature on docs re easement.doc
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
July 9, 2004
Hand Delivered
David Sacks, Esquire
Pathman Lewis, LLP
One Biscayne Tower, Suite 2400
2 So. Biscayne Blvd.
Miami, Florida 33131
Re: Crown Hotel Termination and Abandonment of Beach Easement
Dear Mr. Sacks:
At its regular meeting on June 9, 2004, the Mayor and City Commission approved
Resolution No. 2004-25599 (the Resolution), authorizing the Mayor and City Clerk to
execute a Release of that certain Easement Agreement, as recorded in Deed Book
1355, Page 474 of the Public Records of Miami-Dade County, Florida (the Easement),
and as attached hereto as Exhibit "A"; said Release in favor of Crown at Miami Beach,
Ltd., a Florida Limited Partnership, as owner of the Crown Hotel, located at 4041 Collins
Avenue (the Crown Hotel property). As set forth in the Resolution, which is attached as
Exhibit "B" hereto, the City Commission's release of the Easement is further made
subject to and contingent upon Crown at Miami Beach, Ltd.'s agreement to the following
conditions:
1. Crown at Miami Beach, Ltd. agrees to release the City of Miami Beach of any
and all obligations to construct jetties or groynes, seawalls and/or bulkheads
to prevent erosion of the land, all as more particularly set forth in, and as
contemplated by, the Easement. Crown at Miami Beach, Ltd. herein
acknowledges that, as partial consideration for the City of Miami Beach's
execution and delivery of the Release to Crown, the aforestated release by
Crown of the City's obligations is stated in the "WHEREAS" clause in the
Release to that effect.
2. Crown at Miami Beach, Ltd. herein warrants and represents to the City of
Miami Beach that it shall make no future objections, nor will it contest any
permits obtained by or on behalf of the City of Miami Beach, with respect to
the design and construction of a proposed public beachwalk and/or
boardwalk project which (in part) would run behind the Crown Hotel property,
on the State-owned beach, east of the erosion control line; provided said
proposed beachwalk project is reasonably similar to the existing City of Miami
Beach beachwalk project which connects the existing walkway fronting
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139
Lummus Park, with the existing elevated wooden boardwalk, which currently
begins at 21st Street. Crown at Miami Beach, Ltd. further agrees, that should
the City of Miami Beach require Crown at Miami Beach, Ltd.'s future approval
and/or sign off as to any and all required permits for a proposed City of Miami
Beach beachwalk project, Crown at Miami Beach, Ltd. shall not object to
same, and shall use its best efforts to cooperate with the City with regard to
same.
An action to enforce the terms and conditions of this Letter Agreement may be brought
by the City and may be an action at law or in equity against any party or person violating
or attempting to violate any provision of said Letter Agreement, either to restrain
violations or to recover damages. This Letter Agreement shall be enforceable in Miami-
Dade County, Florida and if legal action is necessary by any party with respect to the
enforcement of any and all the terms and conditions herein, exclusive venue for the
enforcement of same shall lie in Miami-Dade County, Florida.
If the aforestated terms and conditions meet with Crown at Miami Beach, Ltd.'s
approval, please have the duly authorized representatives of Crown at Miami Beach,
Ltd. acknowledge, execute and attest to same in the spaces provided below. Upon
execution by the City, we will forward a fully executed copy to your office for your client's
records.
7JY~rs, _~ ~
Raul J. A9U~
First Assistant City Attorney
I have read this Letter Agreement and, fully understanding same, agree to be bound by
the terms and conditions contained herein.
Crown at Miami Beach, Ltd., a Florida
limited ~~n7hih. I /J/
By: ;7~ C/ /2-
Signature
City of Miami Beach, Florida
Signature
Pr-eS ut G.r
Witnessed by:
Print Name
APPROVED NJ10
FORM & LANGUAGE
& fOR EXECUTION
Witnessed by:
Signature
1)~ ~~I ~
Print Name
7/~1w
Date
OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this \~~ day of
July, 2004, by Howard D. Cohen, as President of Crown at Miami Beach, Inc., a
Florida corporation, the general partner of Crown at Miami Beach, Ltd., a Florida
limited partnership. He is personally known to me or has produced
as identification.
\.hNY\c.
Notary Public
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Name of Notary typed or printed
My Commission Expires:
OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Prepared by and Return to:
Samuel D. Navon, Esq.
Navon & Lavin, P.A.
2699 Stirling Road, Suite B-100
Fort Lauderdale, FL 33312
RELEASE
it.. .J'UN~
This Release" is made and entered into effective as of this q day of~ 2004, by
CITY OF MIAMI BEACH, a political subdivision of the State of Florida ("City"), with a mailing
address of 17D() e"NV(;.;-/lVn~1'\J t!~7VrelJ.. 7l1lIV"t;?/ /t1,AIUI &i?Al..J.l"ft-33/39 , with
the joinder and consent of CROWN AT MIAMI BEACH, LTD., a Florida limited partnership
("Owner").
WIT N E SSE T H:
WHEREAS, on or about January 21, 1930, City was granted an easement recorded in Deed
Book 1355, Page 474, of the Public Records of Miami-Dade County, Florida (the "Easement"), the
intent and purpose of which was to limit the seaward edge of the construction in order to prevent
erosion damage to riparian structures; and
WHEREAS, there is currently an existing structure permitted to be located upon portions of
the area contemplated by the Easement which are desired to be redeveloped by Owner pursuant to
approvals, consents and permits to be issued by the City; and
WHEREAS, subsequent to the granting ofthe Easement, the U.S. Army Corps of Engineers
nourished the adjacent beach and prior to the nourishment, the project area was surveyed and the
mean high water line was located. Pursuant to said survey, the Department of Environmental
Protection ("DEP") created the erosion control line ("ECL"), which was updated in April of 1997,
and the ECL corresponds to the mean high water line prior to the nourishment ofthe beach and the
property owner's east property boundary. To that end, Chapter 62B- 33 .024(4 )(b) ofDEP' s rules and
procedures, establishes a landward limit of major structure construction (the 30-year erosion
projection) based upon the location ofthe ECL, the steepness ofthe beach and the rate of erosion in
the area, and as a result thereof, the intent and purpose of the Easement has been rendered moot and
is no longer necessary; and
WHEREAS, in connection therewith, Owner desires to release the City of any and all
obligations to construct jetties or groynes, seawalls and/or bulkheads to prevent erosion ofthe land,
all as more particularly set forth and contemplated by the Easement; and
WHEREAS, City is amenable to executing and delivering this Release based upon the
establishment of the ECL and conditioned upon the releases by Owner contemplated by the
immediately preceding WHEREAS provision; and
WHEREAS, City has processed the request for the execution and delivery ofthis Release in
accordance with the requirements of the City;
NOW, THEREFORE, for and in consideration ofTen and Noll 00 Dollars ($10.00) and other
good and valuable consideration, the Easement is hereby released and canceled, in toto, and is of no
further force or effect.
[SIGNATURE PAGE TO FOLLOW]
Exhibit "A"
F:IA TTOIAGURIAGREEMNTlCROWN HOTEL RELEASE. DOC
IN WITNESS WHEREOF, City has duly executed this Release as of the day and year set
forth~elow its signature.
WlTN~SS:
..~~
~fName: !2i;8YlT /AlZt'.lk.-L
CI frj ~ u'-~/L-
BEACH, a political subdivision
By:
Print Name:
Date: JUlydCq 2004
'1>A1/if) !xJtJht7l-
ft1 /H;OIL>
APPROVED AS TO
FORM & LANGUAGE
& F EXECUTION
STATE OF FLORIDA
)
)ss:
)
~
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this dt?#-day ofJuly, 2004, by
MaY'OR Z>>u/o/ l>>/meR , as the //}d.(/~ ofthe City of Miami Beach,
a polItical subdivision ofthe State of Florida, on behalfofthe City. He/She is gersonallv known to
m.e or has produced /.J/~ as identification.
r.._....-...~ 1 /dcd~ ~.
. PAUlA (:,AI DIRDN .
I '~~..~ GlllllIIIIJI. ~ary Public
!h..~. ..::-"""! 14(.46 rc>/d~~./)
i 'tOFIIl .......:.v-::~i Name of Notary typed or printed
My Commissi~~;-Exprres: I 1 ._.........,;:...u
The u ersigned hereby joins and consents to the terms and provisions hereof, specifically
acknowledgi its release of the City to construct jetties or groynes, seawalls and/or bulkheads to
prevent erosi ofthe land, all as more particularly set forth in and contemplated by the Easement.
CROWN AT MIAMI BEACH, LTD., a Florida
limited partnership
Print Name:
By: CROWN AT MIAMI BEACH, INC., a
Florida corporation, as general partner
By: ;:JL {) tZ
Howard D. Cohen, President
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ~ ~ 1.11- day of July, 2004, by
Howard D. Cohen, as President of Crown at Miami Beach, Inc., a Florida corporation, the general
partner of Crown at Miami Beach, Ltd., a Florida limited partnership. He is personally known tQ....
~ or has produced tJ \A as ident' lcation.
0\
Notary Public
~\'~C\ \..1\. G.o~I~
Name of Notary typed or printed
My Commission Expires:
2
F;IA TTOIAGURIAGREEMNT\CROWN HOTEL RELEASE. DOC