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HomeMy WebLinkAbout25 Amend. Waiver of Riparian This instrument prepared by or under the supervision of (and after recording should be returned to): (<2S] ~ Matthew B. Gorson, Esq. Greenberg Traurig, P .A. 1221 Brickell Avenue Miami, Florida 33131 (Space Reserved for Clerk of Court) AMENDED AND RESTATED WAIVER OF RIPARIAN RIGHTS (SSDI SOUTH) THIS AMENDED AND RESTATED WAIVER OF RIP,,A.RIAN GHT ("Amended and Restated Waiver") is made and entered into as of the ~ lCray of ,999 by and among WEST SIDE PARTNERS, LTD., a Florida limited partnership ("West Side, YACHT CLUB AT PORTOFINO, LTD., a Florida limited partnership ("Yacht Club"), the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation ("City"), and the MIAMI BEACH REOEVELOPMENT AGENCY, a Florida public agency organized and existing pursuant to the Community RedevelopmentAct of 1969 (Chapter 163, Part III, Florida Statutes, as amended) ["Development Agency"). WIIN'!;'~~'!;'IH : WHEREAS, West Side, Yacht Club, the City and the Agency entered into that certain Waiver of Riparian Rights and Appointment of Qualified Entity dated as of January 10, 1996 and recorded January 29,1996 in Official Records Book 17077, at Page 1268 of the Public Records of Miami-Dade County (formerly Dade County), Florida (the "Existing Waiver"); WHEREAS, West Side is the record owner of that certain real property more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Southern Portion of SSDI South"), and Yacht Club is the record owner of that certain real property more particularly described in Exhibit "B" attached hereto and by this reference made a part hereof (the "Northern Portion of SSDI South"); WHEREAS, the Existing Waiver affects title to the Southern Portion of SSOI South and the Northern Portion of SSDI South, and the parties have agreed to amend and restate the Existing Waiver in its entirety as more particularly set forth below. NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Recitals: Amended and Restated Aareement. The foregoing recitals are true and correct and are incorporated herein by this reference. This Amended and Restated Waiver . . hereby amends, replaces, supersedes, and replaces the Existing Waiver in its entirety, and accordingly, from and after the date hereof, the Existing Waiver shall be of no further force or effect. 2. West Side on behalf of itself and its successors and assigns, and Yacht Club on behalf of itself and its successors and assigns, each hereby waive all of their respective riparian rights, if any, for the Southem Portion of SSDI South and the Northem Portion of SSDI South 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 Intemal 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 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 and Yacht Club, on behalf of themselves and each of their respective successors and assigns, agree to convey to the 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 and Yacht Club to the City of even date hereof), contiguous to the water on the westem boundary of the Southem Portion of SSDI South and the Northern Portion of SSDl South 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 and Yacht Club shall be permitted to include the portions of their respective 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 and Yacht Club, on behalf of themselves and each of their respective successors and assigns, hereby authorizes the City and/or the Redevelopment Agency to apply for and maintain, in its own name (and if applicable, on behalf of West Side and Yacht Club, their respective successors and assigns in title), any and all permits, licenses or other governmental approvals necessary to keep the marina contiguous to the Southern Portion of SSDl South and the Northern Portion of SSDI South 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. ~ , way impair or derogate any of the ri un er that certain Marina Slip Agreement dated January 10 recorded January 29, 1996 in Official Records Book 17077, at Page 1260 ublic Records of Miami-Dade County (formerly Dade County), Florida, including, . .' '" 5. This Amended and Restated Waiver shall be binding upon the parties hereto, and their respective successors and/or assigns. -2- . IN WITNESS WHEREOF, the parties hereto have executed this Amended and Restated 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 Sid ers corporati n, gener By: Name: Title: ., a Florida r [CORPORATE SEAL] HT CLUB AT PORTOFINO, LTD., a Flori . itedpartnership SIGNATURE AND ACK LEDGEMENT ON SEPERATE PAGE By: Portofino cht Club, Inc., a Florida corporation, ge al partner Print Name: By: Name: Title: [CORPORATE SEAL] Print Name: CITY OF MIAMI BEACH, FLORIDA, a o 2 ::rid. m"1!l~m~ ~..:..,,.,.-^,o~ N.~ ...... . r""i Title: mQ.~" pr~~Pr; Attest: fi/1..,d" Pctu!--- Name:-l~~-r PA-lU.~ Title: (I i1-. (t J~ fA , APPROVED AS TO FORM & LANGUAGE & FOREXECunON II! #f#~ ity Aftomey ~ 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 ~ IJI!J.SUI () .Jt4sJm C/tb/fttltM! (~~ p,", N.me, - &E _ . ~ prin~o~~ By: Name: Title: Attest: Name: Title: ?o I?t1t T f II w..e JmL ~'h, Q. Lt:-k. tL. STATE OF FLORIDA ) ) ) SS: COUNTY OF MIAMI-DADE ;J.he foregoing instrument was~knOWledged before me this /ZI6 day of April, 1999 by i1I'IIlJtJ /;imeV ,as I.kai of West Side Partners, Inc., a Florida corporation, the General Partner of WEST SIDE PA~NERS, LTD., a Florida limited partnership, on behalf of the corporation and the partnership. ~she/they personally appeared before me, @/are personally known to me or produced as identificatio [NOTARIAL SEAL] OFFICIAL N<YrARY SEAL STEVEN M HELFMAN N<YrARYPUBUC srATE OF FLORIDA COMMISSION NO. CC726651 MY COMM15510N EXP. APR. 14.2lm Notary: Print Nam Notary Public, te of Florida My commission expires: APPROVED "5 TO FORM & lANGUAGE & FOR EXECunON ~ Genera' Counsel ~('l1 Dole COUNTY 0 ) ) ) SS: ent was acknowledged before me this _ day of April, 1999 by , as of , general partner of YACHT CLUB AT OFINO, LTD., a Florida limited partnership, on behalf of the corporation and the partnership. Ithey personally appeared before me, is/are personally known to me or produced . entification. [NOTARIAL SEAL] Notary: Print Name: Notary Public, State of Florida My commission expires: ACKNOWLEDGEMENT ON SEPEARTE PAGE STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) "I.. I~ The t~r:J~ng instrument was acknowledged before me this:J€, ~y of ~999 by '\Ill. O. ,as /vIL..{b-E of the CITY OF MIAMI BEACH, a Florida municipal corporation, on behalf of the corporation. He personally appeared before me, is personally known to me or ~FBell:l""d as identification. - OFHOALNafARYSEAL LILLIAN BEAUCHAMP NafARY PUBUC STATE OF FLORIDA COMMISSION NO. CC738372 MY COMMISSION EXP. APK 29.2002 ) ) COUNTY OF MIAMI-DADE ) . The foregoing .instrumen~~r acknowledged before me thisc:?'611dy of .tt:i1999 by /lkJu,i) O. kQr~, as 4;,.1-/4,...) of the MIAMI BEACH REDEVELOPMENT AGENCY, a public agency organized pursuant to the Community RedevelopmentAct of 1969, as amended, on behalf of the agency. He/sl:te/tl'tey personally aooeared before me,~/_ personally known to r:!!.e or prgo;t' IC'id as identification. ~' ~ Notary: ~ 1 . Print Nam: & / ~, ~ ~:;,1:0;$? Notary Public, State of Florida My commission expires: 'f- Z-I1- h:>L)~ [NOTARIAL SEAL] STATE OF Fl SS: [NOTARIAL SEAL] '~ . Notary: printNa~,.J -;:t..~ Notary Public, State of Florida My commission expires: i- ~- ~'- OFFICIAL N LILLIAN B O"TARYSEAL NarARYPUBLlC EAUCHAMP COMMISSIO STATEOFFI,ORlDA MYCOMMISSIO~ ~ CC738372 f. Ilrn :79.200" -",....'~,-,.:" Signed, sealed and delivered in the presence of: YACHT CLUB AT PORTOFINO, LTD., a Florida limited partnership By: TRG-YCP, LTD., a Florida limited partnership, General Partner Print Name: By: TRG-YCP, INC., a Florida corpo Gene n By: I';Z" - Roberto S. Rocha, Vice President STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) h The foregoing instrument was acknowledged before me this ~ day of April, 1999 by Roberto S. Rocha, as Vice President ofTRG- YCP, Inc., a Florida corporation, General Partner of TRG-YCP, Ltd., a Florida limited partnership, general partner of Yacht Club at Portofino, Ltd., a Florida limited partne10n behalf of the corporation and as an act of the partnerships. Personally Known OR Produced Identification Type ofIdentification Produced or Stamp Name: rLi 2 f}'8e ot Public, State of Florida at Large mmission No.: My Commission Expires: ,- ELIZABETH ZEV AlLO& NC1I'ARY PUBUC Sf ATE 01' JlLCIIIDA COMMISSION NO. a:JI11fJ11 yy~EXP. O:\W-BRA\34999.000\YCPSIG EXHIBIT "A" SSDI SOUTH PARCEL Lots 1 through 14, 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: That Part ofBiscayne Street (also known as Biscayne Avenue) as shown on said Plat of OCEAN BEACH FLORIDA ADDITION NO.3, lying westerly of the southerly projection of the west Right of Way line of Jefferson A venue as shown on said Plat and being bounded on the west by Biscayne Bay, together with the accretions thereto; ALSO: All that part of the North 132.0 feet of Section 10, Township 54 South, Range 42 East, described as: Beginning at a point on the Northern boundary of said Section 10, which is intersected by the Easterly boundary of Jefferson A venue extended Southerly across Biscayne Street as a point or place of beginning; thence Southerly continuing the Easterly boundary of Jefferson Avenue extended for a distance of 132.0 feet to a point; thence Westerly 208.1 feet more or less along a line parallel to and 132.0 feet Southerly from the Northern line of said Section 10 to Biscayne Bay; thence Northwesterly meandering the Bay to the intersection of the Northern line of Section 10; thence Easterly along the Northern line of Section 10, 285.0 feet more or less to the point or place of beginning (the Northerly boundary of said Section 10 being common with the Southerly boundary of Biscayne Street); Also described as: All of that part of the North 132.0 feet of Section 10, Township 54 South, Range 42 East, known as Tract A or the Smith Company Bay Front Tract, more particularly described as follows, to wit: Bounded on the North by the Northern line of said Section 10; bounded on the East by the East line of Jefferson Avenue extended; bounded on the South by a line parallel to and distant 132.0 feet South of the Northern line of said Section 10, and bounded on the West by Biscayne Bay, together with the accretions thereto.