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Home My WebLink About11 Waiver of Riparian Rights @) \~.. ~ ' '.' U ,~ .. This Instrument Prepared By: Thomas V. Eagan, PA Steel Hector & Davis LLP 4000 First Union Financial Center Miami, Florida 33131-2398 SA 4.2.1.5 . WAIVER OF RIPARIAN RIGHTS (SSDI NORTH) . J . ""\Ur- ~1999' This Waiver of Riparian Rights ("Waiver") is made as ofth~ day of >I.~, by and among WEST SIDE PARTNERS, LTD., a Florida limited partnership (" est Si "), the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation ("City") and THE MIAMI BEACH REDEVELOPMENT AGENCY, a Florida public agency organized and existing pursuant to the Community Redevelopment Act of 1969 (Chapter 163, Part III, Florida Statutes, as amended) ("Redevelopment Agency"). WHEREAS: A. West Side, the City and the Redevelopment Agency are all parties to a certain Agreement dated November 7, 1995, recorded in Official Records Book 16987, at Page 1197, of the Public Records of Miami-Dade County, Florida ("Development Agreement"). B. Pursuant to the Development Agreement, the Redevelopment Agency is on even date herewith conveying to West Side that certain real property more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "SSDI North Parcel"). C. In connection with the conveyance of the ssm North Parcel, West Side on behalf of itself and its successors and assigns has agreed to waive the riparian rights, if any, for the ssm North Parcel, subject to the terms and provisions set forth herein. Now, Therefore, in consideration of the sum ofTen and Noll 00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agrees as follows: 1. The foregoing recitals are true and correct and incorporated herein by this reference. \ iI, I 2. West Side on behalf of itself and its successors and assigns hereby waives all of the riparian rights, if any, for the ssm North Parcel as necessary to assure the City and Redevelopment Agency that the City and Redevelopment Agency will be able to retain the existing Modified Sovereignty Submerged Land Lease (the "Submerged Land Lease") entered into by and among the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, as Lessor, and the City of Miami Beach and the City of Miami Beach Redevelopment Agency, as Lessee, and recorded ~@ rAft M1A9510/178481-5 . . in Official Records Book 16509, Page 3694, Public Records of Miami-Dade County, Florida, as the Submerged Land Lease may be modified or extended from time to time (provided, however, that any such modification or extension does not expand to the east the existing legal description for the land described in the Submerged Land Lease or in any way create any rights in favor of the Lessor with regards to the land located to the east of the land described in the Submerged Land Lease) and West Side, on behalf of itself and its successors and assigns agrees to convey to th~ City for $10.00 and other good and valuable consideration, the minimum amount of land necessary (but in no event greater than the Baywalk Easement granted by West Side to the City of even date hereof), contiguous to the water on the western boundary of the SSDI North Parcel and sufficient to further confirm or preserve the City's riparian rights in connection with the Submerged Land Lease, in the event that said conveyance is required by the Florida Department of Environmental Protection or any other state governmental body in order for the City and the Redevelopment Agency to maintain the Submerged Land Lease; provided, however, that upon such a conveyance, West Side shall be pennitted to include the land so conveyed in any zoning or planning calculations, including without limitation, set backs, floor area ratio, lot size and/or frontage, as though such conveyance had not occurred. 3 . West Side, on behalf of itself and its successors and assigns, hereby authorizes the City andlor the Redevelopment Agency to apply for and maintain, in its own name (and if applicable, on behalf of West Side, its successors and assigns in title), any and all permits, licenses or other governmental approvals necessary to keep the marina contiguous to the SSDI North Parcel on the western boundary (the "Marina") open and operating on the same or substantially same basis that the Marina is currently operating, and/or to restore or rebuild any of the improvements in the Marina, as said improvements exist on the date hereof. 4. This Waiver shall be binding upon the parties hereto, and their respective successors andlor assigns. IN WITNESS WHEREOF, the parties hereto have executed this Waiver as of the date first above written. Signed, sealed and delivered in the presence of: WEST SIDE PARTNERS, LTD., a Florida limited partnership By: WEST S E PARTNERS, INC., a Florida corporatio neral Partner By: Name: Title: 11i/~ [Corporate Seal] ~9510/178481-5 2 ) ) SS: COUNTY OF MIAMI-DADE ) . 9 ~ foregoing instrument was acknowledged beforew this 121( day of tP!!./ .1998', by I':l ~ as Ika/ of WEST SIDE PARTNERS, INC., a Florida corporation, General Partner of West Side Partners, Ltd., a Florida limited partnership, on behalf of the corporation and partnership. He personally appeared before me, is personally known to me or produced as id ti . - --- .t ~~~ N~3;f~ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1/f ~~ d~lJ~ ..':...ey Dale f d"~:;~~~ ~~~~ STATE OF FLORIDA (NOTARIAL SEAL] OFFICIAL NOCARYSEAL STEVEN M HELFMAN NOCARY PUBUC STATE OF FLORIDA COMMISSION NO. CC726651 MY COMMISSION EXP. APR. 14 MIA9SIO/178481-S CITY OF MIAMI BEACH, FLORIDA · ommici'" ro~;;Jt By: '!I/l!J1.. Name: Title: Mayor yf.... I _,() Attest: !Jd~ Name: . IInlt.&ll r f'MlI!.tHrn. Title: City Clerk THE MIAMI BEACH REDEVELOPMENT AGENCY, a public agency organized and existing pursuant to the Community Redevelopment Act of 1969, as amended, Chapter 163, Part III Florida Statutes :",JfJJ,K f~(1.-- APPROVED AS TO FORM & LANGUAGE & FOR EXECunON 1ftl!l~L. ~/u./qoJ Redevel men! Agency ~ ( General Counsel Notary: Print Name: Notary Public, State of Florida My commission expires: 3 .\' . .' STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this U~ay o..f ~ 19if, by Ntt~ O. /0J.r "I,',,) as Ha.var-- of City o(Miarru Beach, Florida, a municipal corporation, on behalf of said corp6ration. HeI~ personally appeared before , me, is personally known to m~ or produced as identification. [NOTARIAL SEAL] . ~ NotaryW.' ,.~ Print Name~%~ ~~~~ Notary Public, State of Florida My commission expires: '/- 24 -2-<J 0 ~ OFFICIAL NarARYSEAL ULUAN BEAUCHAMP NarARY PUllUC sr ATE OF floRIDA COMMI$ION NO. CC738372 MY COMMISSION EXP. APR,29,2002 STATE OF FLORIDA ) ) SS: ) COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 2-' ~day of Ua /I . 199J:by MISt..) n. fC4,J:..elt;u as r!.J..t;in..fo,J of The(Miami Beach Redevelopment Agency, a public agency organized and existing pursuant to the Community Redevelopment Act of 1969, as amended, Chapter 163, Part 1II Florida Statutes. HeI~ personally appeared before me, is personally known to me or produced as identification, [NOTARIAL SEAL] Notary:4.vJ...., .....~o,~~~ Print Name: Li II'Ar! ~ P otJc./.,a hP , Notary Public, State of Florida My commission expires: (f- )..4 - "l<>oo."Z-- OFFICIAL NarARY SEA ULLIAN BEAUCHAMP NOTARY PUBUC Sf ATE OF FLORIDA 1 COMMI$ION NO. CC73&372 Y COMMISSION EXP. APR. 29 2002 MIA9510/178481-5 4 EXHIBIT" A" SSDI NORTH PARCEL Lots 30 through 42, inclusive, in Block III, 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.