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Home My WebLink About04 Letter/Storm Sewer Lines - @ CITY OF MIAMI BEACH 1700 Convention Center Drive Miami Beach, Florida 33139 MaY~ 1999 West Side Partners, Ltd. 404 Washington Avenue, Suite 120 Miami Beach, Florida 33139 Attn: Margaret Nee Re: Conveyance of that certain property commonly known as SSDI North and more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof ("SSDI North") by The Miami Beach Redevelopment Agency (the "Redevelopment Agency") to West Side Partners, Ltd. ("West Side") Ladies and Gentlemen: In connection with the Redevelopment Agency's conveyance of SSDI North to West Side, the City of Miami Beach, Florida (the "City") executed and delivered to West Side that certain Release and Termination of Easements of even date herewith (the "Release") which released certain utility easements as more particularly set forth therein. Notwithstanding the release of said utility easements, this letter shall serve to confirm that West Side has agreed and hereby agrees to accept SSDI North subject to the existence of that certain 24-inch underground storm sewer line which is currently located on Lots 45, 46, 47 and 48, in Block Ill, of OCEAN BEACH FLORIDA ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81 of the Public Records of Miami-Dade County, Florida (the "24-inch Storm Sewer Line") with the understanding and further agreement set forth herein. The City shall have the right to use the 24-inch Storm Sewer Line until such time as that certain 54-inch storm sewer line, which is currently located in a 15 foot strip more particularly described in that certain Sub-Grade Drainage Outfall Easement granted to the State of Florida, for the use and benefit of the State of Florida Department of Transportation, and recorded in Official Records Book 8034, at Page 963 of the Public Records of Miami-Dade County, Florida (the "54-inch Storm Sewer Line"), has been relocated by West Side and/or any successor developer of SSDI North (in either case, "Developer") in which event Developer shall have the right to remove, at Developer's sole cost and expense, the 24-inch Storm Sewer Line (other than the connector box under the area commonly known as the "Baywalk" and the approximately 14 feet of pipe running from the connector box to Biscayne Bay, which shall not be subject to relocation) whereupon the City shall have no further rights to maintain the 24-inch Storm Sewer Line on SSDI North nor any portion thereof The City and the Redevelopment Agency (by its joinder to this letter) hereby agree to cooperate with any efforts made by Developer to so relocate the 54-inch Storm Sewer Line and to remove the 24-inch Storm Sewer Line. . West Side Partners, Ltd. May fJl/ , 1999 Page 2 The City acknowledges and agrees that: (i) except only for easements released by the City pursuant to the Release, there were and are no other easements reserved by the City in that certain Special Warranty Deed given by the City in favor of the Redevelopment Agency dated December 27, 1979 and recorded December 28, 1979 in Official Records Book 10611, at Page 1411 of the Public Records of Dade County, Florida (the "1979 Deed") which encumber ssm North, and (ii) the parties have met, negotiated and agreed to easements which satisfY the requirement set forth in Paragraph 2 on page 2 of the 1979 Deed to provide ingress and egress from the Marina to the public streets. The parties hereby agree that proper notice ofthe transfer oftitle to the Property from the Redevelopment Agency to West Side as required in the PROVIDED FURTHER Paragraph on the page 3 of the 1979 Deed has been given by, among other things, notices given and public hearings held with respect to that certain 1995 Development Agreement recorded in Official Records Book 16987, at Page 1197 of the Public Records of Miami-Dade County, Florida, and that certain Settlement Agreement dated April 15, 1998 by and among the City, the Redevelopment Agency and Developer, as amended pursuant to that certain Amendment to Settlement Agreement dated May 20, 1998, that certain Second Amendment to Settlement Agreement dated July 13, 1998 and that certain Third Amendment to Settlement Agreement dated September 23, 1998. The City hereby acknowledges the foregoing notices as satisfYing the notice requirement in the 1979 Deed, and waives any right to receive any additional notice with respect to transfer oftitle to the Property by the Redevelopment Agency to West Side. Reference is made to that certain Commitment for Title Insurance bearing Commitment Number: 309807472/WN, having an Effective Date of January 27, 1999 at 11:00 p.m., and underwritten by Chicago Title Insurance Company (the "Title Commitment"), as the Title Commitment may be endorsed from time to time. This letter shall also serve to confirm that the provisions of the title insurance policy to be issued pursuant to the Title Commitment in favor of West Side in connection with the subject transaction, and the permitted exceptions attached as an exhibit to the deed conveying the Property to West Side, which was prepared based upon the Title Commitment, shall not be deemed to be determinative as to whether or not any contractual obligations between or among West Side, the City and/or the Redevelopment Agency have been satisfied. ~_1998/500758-2 West Side Partners, Ltd. May ~ 1999 Page 3 Please acknowledge your consent and agreement to the foregoing by executing below. This letter shall be governed in accordance with the laws of the State of Florida. CITY OF MIAMI BEACH, FLORIDA, a ::~m1i~_'" Name: Neisen O. Kasdin Title: Mayor Attest: ~r (1~ Name: Robert Parcher Title: City Clerk ACKN~wrEDGED AND AGREED AS OF THIS 4-DAY OF MAY, 1999 WEST SIDE PARTNERS, LTD., a Florida limited partnership APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION By: West Side Partners, Inc., a Florida corp ation, its general p er ~(jf!:~ -~/~q1 By Name: Catherine Col Title: Vice President MIA_1998/500758-2 JOINDER BY REDEVEI,OPMENT AGENCY The undersigned, The Miami Beach Redevelopment Agency, a Florida public agency organized and existing pursuant to the Community Redevelopment Act of 1969, Chapter 163, Part Ill, Florida Statutes, as amended, hereby joins in to the foregoing letter agreement for the purpose of acknowledging and agreeing to cooperate with any efforts made by West Side Partners, Ltd. and/or any successor developer to relocate the 24-inch Storm Sewer Line as provided in the letter agreement. THE MIAMI BEACH REDEVELOPMENT AGENCY, a Florida public agency organized and existing pursuant to the Community Redevelopment Act of 1969, Chapter 163, Part Ill, Florida Statutes, as amended By: , Name: Neisen O. Kasdin Title: Chairman Attest: Name: Robert Parcher Title: Secretary APPROVED /tIS TO FORM & lANGUAGE & FOR EXECUTION ~iI-. .c::hf /~a OIl""!!'t/>qenCf ~ GeMioI Counsel ~_1998/500758-2 . EXHmIT"A" SSDI NORTH PARCEL Lots 30 through 42, inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida, together with the accretions thereto. ALSO: Lots 43,44,45,46,47, 48A, 49B and 50C of DADE COUNTY PROPERTY, according to the Plat thereof, as recorded in Plat Book 14, at Page 70, of the Public Records of Dade County, Florida, together with the accretions thereto. ~_1998/500758-2