2000-24038 RESO
.~ -4
RESOLUTION NO. 2000-24038
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE FOURTH EXTENSION AND
CLARIFICATION AGREEMENT TO THE COBB
DEVELOPMENT AGREEMENT, AS AMENDED.
WHEREAS, in February of 1988, the Miami Beach Redevelopment Agency (RDA) issued
a Request for Proposals for new residential development at the Old Police Station Site in South
Pointe; and
WHEREAS, responses were submitted in June of 1988 and, subsequent thereto, the RDA
authorized the Administration to negotiate a Development Agreement with Cobb Partners
Development, Inc,; and
WHEREAS, following negotiations which lasted nearly nine months, the Cobb
Development Agreement was approved on March 31, 1989, for residential development of the two
blocks of land between Alton Road and Meridian Avenue, from First Street to Second Street, and
subsequently including an additional block, bounded by Meridian Avenue, First Street, and
Washington Avenue; and
WHEREAS, since 1989, amendments to the subject Development Agreement have included
an Extension and Clarification Agreement on February 6, 1991; a Second Extension and
Clarification Agreement on June 3, 1993; an Amendment to the Second Extension and Clarification
Agreement on December 17,1993; a Third Extension and Clarification Agreement on February 15,
1995; and an Addendum No.1 to the Third Extension and Clarification Agreement on February 24,
1996 (collectively, the Development Agreement, as amended); and
WHEREAS, the Development Agreement, as amended, shall expire on March 31, 2003; and
WHEREAS, pursuant to the RDA's request, on March 17, 1999, a status report on the Cobb
Project was presented to the RDA and, on April 14, 1999, the Administration and City Attorney's
Office presented a joint recommended course of action which deemed the developer to be in default
under the Development Agreement, as amended, for failure to timely complete construction, and
further recommended that, prior to instituting a default under the Agreement and undertaking
protracted litigation, the parties should seek to negotiate a further amendment to the Agreement; and
WHEREAS, on May 12, 1999, a status report on the Cobb Project was presented to the
RDA, stating that negotiations were ongoing and that the Administration would report back in July;
and
WHEREAS, on July 7, 1999, a status report was presented to the RDA and it was
recommended that a final report be presented in September, 1999; and
..,
.
WHEREAS, on October 6, 1999, as a result of stalled negotiations with the developer, and
as a result of the lack of notice requirements from the developer relative to sale of units, which
triggers the City's repurchase option on Parcel 2 (Block 53), the Administration presented a
resolution seeking authorization to exercise the City's repurchase option to insure a preservation of
its rights and remedies; and
WHEREAS, the RDA deferred the item pending clarification of the City's and developer's
remedies and requested a report back at the next meeting; and
WHEREAS, on October 20, 1999, the RDA instructed the City Attorney to institute default
proceedings against the developer, including the filing of a declaratory action; the City Attorney
subsequently advised of the advantages and disadvantages of instituting default proceedings and it
was determined that negotiations with the developer should proceed; and
WHEREAS, the Administration and City Attorney's Office have been negotiating with the
current developer, the Courts at South Beach Ltd. 17k/a Cobb Partners South Beach, Ltd., as the
successor in interest to Cobb Partners Development, Inc.; and
WHEREAS, accordingly, the parties have negotiated the attached Fourth Extension and
Clarification Agreement to the Cobb Development Agreement, as amended, and the Administration
and City Attorney's Office would jointly recommend that the Mayor and City Commission approve
and authorize the Mayor and City Clerk to execute same.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein approve and authorize the Mayor and City Clerk to execute the attached Fourth
Extension and Clarification Agreement to the Cobb Development Agreement, as amended.
PASSED and ADOPTED this 26th day of
July
,2000.
~
MAYOR
ATTEST:
~!'J~h
APPROVED AS TO
FOR.~ & lANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.fl.u&
COMMISSION MEMORANDUM NO. " "2-'+ -90
TO:
Mayor Neisen O. Kasdin and DATE: July 26, 2000
Members of the City CommI~
Lawrence A. Levy a~
CityMa~~
A RE~ION OF THE MAYOR AND MEMBERS OF THE CITY
COMMISSION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE FOURTH EXTENSION AND CLARIFICATION
AGREEMENT TO THE COBB DEVELOPMENT AGREEMENT, AS
AMENDED.
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND
On March 17, 1999 a status report on the Cobb Project was presented to the Redevelopment Agency
Board (RDA). On April 14, 1999, the Administration and the City Attorney presented a joint
recommended course of action and the Board requested a report back in thirty days. On May 12,
1999, a status report on the Cobb project was presented stating that negotiations were ongoing and
that the Administration would report back in July.
On July 7, 1999, a status report was presented to the Board and it was recommended that a final
report be presented in September 1999. The negotiations with the Developer contemplated an
addendum to the Development Agreement addressing the outstanding issues. On October 6, 1999,
as a result of stalled negotiations with the Developer and as a result of the lack of notice
requirements from the Developer relative to sale of units which triggers the City re-purchase option
on Parcel 2 (Block 53), the Administration presented a Resolution seeking authorization to exercise
the City's repurchase option to ensure a preservation of the City's rights and remedies, The RDA
board deferred the item pending clarification of the City's and Developer's remedies and requested
a report back at the next meeting.
On October 20, 1999, the RDA Board instructed the City Attorney to institute default proceedings
against the developer including a declaratory action. The City Attorney subsequently conducted a
review of the property history and documentation and advised the RDA Board ofthe advantages and
disadvantages of instituting default proceedings, It was determined that negotiations with the
Developer should proceed and if negotiations fail, then the declaratory action would be filed and
pursued. (A draft complaint has already been prepared).
AGENDA ITEM 42...1 G
DATE 1- 2'=' -0'0
T:\AGBNDA\2000\JUL26OO\REGULAR\COBB,CM
July 26, 2000
Commission Memorandum
Cobb Project
Page 2
The Administration has met continuously with the developer on several occasions. The Developer
and the Administration have negotiated a Fourth Extension and Clarification Agreement that
addresses the parties' respective responsibilities with regard to construction completion deadlines,
the agency's obligation regarding the library and streetscape, the balance of the interest outstanding
on the additional purchase price, and other outstanding issues. Additionally, the Fourth Extension
and Clarification Agreement contemplated the proposed project redesign and the re-opening of
Meridian Avenue.
The outstanding issues addressed in the Fourth Extension Clarification Agreement are listed below:
ISSUES: EXISTING OBLIGATION: RE-NEGOTIATED POSITION:
Project Design: Project design is market driven. DRB approval No. 11989 granted for
Residential units shaIl not exceed 3 I 7 Phase IV re-design on March 14, 2000.
units and commercial shaIl not exceed 8% As a result, Project shall not to exceed 412
of total FAR. residential units and commercial shall not
exceed 8% of total FAR.
Parcel I: Phase I 66 units Parcel I: Phase I 66 units
Phase II 52 units Phase II 52 units
Phase ill 46 units Phase ill 46 units
Phase V 23 units Phase V 23 units
Commercial 4 units Commercial 4 units
Parcel II: Phase IV 91 units Parcel II: Phase IV 222 units
Commercial 1 units Commercial 1 units
Meridian Avenue: Pursuant to the Development Agreement, Upon C.O. for Phase IV improvements,
the City quit claimed Meridian Avenue the Developer wiIl improve and quit claim
from I. to 2" Street to Developer. Meridian A venue to the City. The cost of
the improvements are estimated at
$350,000. Developer wiIl pay any amount
exceeding $350,000. Developer agrees to
appeal to DRB for return of parking spaces
to west side of Meridian Avenue.
O/S interest on The Agency demanded fuIl payment for Developer has agreed to pay $30,060.55 to
balance on Purchase outstanding accrued unpaid interest on the settle outstanding accrued and unpaid
Price: purchase price for Parcel 2, calculated to interest due on purchase price for Parcel 2
be $30,060.55. (Block 53).
July 26, 2000
Commission Memorandum
Cobb Project
Page 3
Library Space: The Development Agreement requires the Upon the effective date, the Agency shall
Agency, or a party on behalf of the have the option, but not the obligation, to
Agency, to pay $275,000 for a 5,000 sf purchase the library for $275,000,
condominium unit to be used as a library exercisable no later than March 2003
facility. The Development Agreement (expiration date of Development
provides that the $275,000 fee be paid Agreement). Alternatively, the Agency
npon completion of the library facility and may propose a mutually agreed npon
"not later than the issuance of a certificate public use for the facility, including a
of occupancy on the IOOth condominium police sub-station or administrative police
unit." To date, approximately 70 (66 or fire facilities. In the event the Agency
residential and 4 commercial) units have does not exercise its option for the library
been completed. In September 1999, the or public use facility, the Developer shall
Developer demanded payment for the have the option to convey the facility to a
purchase of the library. not-for-profit cotporation/organization,
subject to the City's reasonable review. In
the event the Developer uses the facility at
any time as commercial space, the
Developer shall pay the Agency $520,000,
(representing developer's contribution less
any applicable parking impact fees).
Streetscape: The Agency's obligation to complete The Developer agrees to complete the
streetscape improvements is subsequent to streetscape improvements in accordance
the completion of eacb phase of with the existing and approved streetscape
construction. The outstanding unpaid plan and will be respousible in the event
balance of the $750,000 Agency obligation costs to complete exceed the $750,000
is $458,627. contribution. The Agency is still obligated
to reimburse Developer the outstanding
balance of$458,627 upon completion of
improvements. It is anticipated that these
improvements will exceed $750,000.
Construction The City's position is that the construction All phases (I-V) of construction must be
Completion completion deadlines have expired. completed by the expiration of the
Deadlines: Development Agreement, or 03/3112003.
Phase I, totaling 92 units has been
completed. A portion of Phase II,
consisting of 26 units has been completed
and Developer agrees to commence
construction of the Piazza, located within
Phase II and complete no later than six (6)
months. Developer also agrees not to
commence construction on any other phase
until completion of Phase II and Piazza.
Additional Letter of credit ensuring timely completion Letters of credit remain at existing
Remedies: of construction for Parcel I is $255,000 amounts and Developer agrees to pay an
and $II5,000 for Parcel 2. additional $50,000 per year, for two (2)
years, if construction on any Phase has not
commenced and is not proceeding.
July 26, 2000
Commission Memorandum
Cobb Project
Page 4
Repurchase Option: The Agency has right to repurchase Parcel Developer has obligation to notice Agency
2 (Block 53) in the event Developer has upon the closings on the sale of 50% and
failed to commence construction within 75% of the units in Parcel I. City
120 days after closings on sale of75% of preserves its option to re-purchase Parcel 2
total units on Parcel I (141 units) at a (Block 53). Once option expires due to
purchase price of $1,554,200. commencement of construction on Parcel
Development Agreement has no notice 2 (Block 53), Developer agrees to transfer
provisions. option to re-purchase to Phase V at a pro-
rated purchase price of$295,96I,
exercisable if construction has not
commenced thereon by 03/31/2003.
Development Current Developer (COBB) wi\I continue Deletes existing provision. Developer
Entities: to be responsible and remain involved in advises that COBB wi\I no longer be
the management, decision making process involved in the project and that this
and ownership throughout the entirety of provision is non-negotiable.
the project.
Proiect Re-design and Re-opening Meridian Avenue:
The proposed re-design will increase the number of units in the project from 317 units to no more
than 410 units remaining within the permitted FAR ofthe project as set forth in the Development
Agreement. This change is purported to expedite financing and construction of this phase. The
redesign also contemplates the reopening of Meridian Avenue be considered in response to
community concerns. The developer will fund the cost to complete and improve Meridian Avenue
once it is re-opened estimated at $350,000.
Outstandina: Interest on Balance of Purchase Price:
On September 3, 1999, the Developerremitted payment for the outstanding purchase price for Parcel
2. Unresolved, is a discrepancy in the accrued interest calculation. Together with this remittance,
the Developer has demanded that the City fulfill its obligation to purchase the Library. On
September 22, 1999, the City replied to the Developer advising of the discrepancy in the interest
accrual calculation and advising that the City is not yet obligated to purchase the library unit. As
it relates to the unpaid and accrued interest, the discrepancy on the outstanding balance is attributed
to the commencement date of the interest accrual. The City calculated interest beginning 90 days
after the closing, however a later amendment to the Development Agreement provided that "Cobb
shall be entitled to apply a cumulative credit equal to its advances for the Agency's contractual
obligations ... no interest shall be due and payable with respect to the amount advanced by Cobb
which is in excess of the installments," The Developer has agreed to repay the $30,060.55 in
accrued and unpaid interest as calculated by the City.
Libraty Space:
The Development Agreement specifically states that (a) party or parties will purchase and contribute
to the City, the library space and (b) such purchase shall occur not later than the issuance of a
certificate of occupancy on the 100th condominium unit. As reflected in the chart above, the City's
option to acquire the library facility has been extended to expire coterminous with the Development
July 26, 2000
Commission Memorandum
Cobb Project
Page 5
Agreement. Additionally, other public uses may be proffered by the City or altematively after the
City chooses not to acquire the facility, the Developer may donate the facility to a not-for-profit or
use as commercial space contingent upon a payment to the City in the amount of $520,000 (less any
applicable parking impact fees).
Construction Com,pletion Deadlines and Additional Remedies:
While the City is of the opinion that the construction completion deadlines have expired, if the City
were to pursue a default, the current Development Agreement provides limited remedies i.e.
$255,000 and $115,000 letter of credits. The amendment provides that all phases of construction
must be completed by the expiration of the Development Agreement, or 03/31/2003, In addition to
the letters of credit, the Developer agrees to pay an additional $50,000 per year, for two (2) years,
if construction on any Phase has not commenced and is not proceeding. Furthermore, the Developer
has agreed to complete Phase II and the piazza prior to commencing Phase IV,
Streetscape:
While the Developer agrees to complete the streetscape in accordance with the existing streetscape
plan, which is anticipated to cost in excess of the $750,000, the City will closely monitor and ensure
the quality of construction of the improvements,
R~urchase Option:
The Modification to the Cobb Development Agreement, dated October 9, 1989, requires the
Developer to commence construction on Parcel 2 (Block 53) of the Project within ninety (90) days
after the sale of seventy five (75%) percent of the units on Parcell. To date, the Developer has not
commenced development of Parcel 2. Pursuant to Section 17 ofthe Modification to Development
Agreement, if the Agency and Developer have closed on Parcel 2, but Developer has failed to
commence construction on Parcel 2 within one hundred and twenty (120) days after the sale of
seventy five (75%) percent of the total units on Parcell, provided Developer has not commenced
development on the date on which the Agency gives notice of its option to repurchase, then the
Agency shall have the option to re-purchase Parcel 2 at a purchase price of $1,554,200, and to
terminate the Development Agreement as to Parcel 2. The Developer has agreed to provide notice
to the City regarding the sale of units on Parcell and to transfer the re-purchase option to Parcel V
upon construction commencement on Parcel IV.
July 26, 2000
Commission Memorandum
Cobb Project
Page 6
RECOMMENDATION
While the re-negotiated amendment outlined above provides some additional remedies, the original
Development Agreement as amended, provides the City/RDA with little enforcement ability and
recourse alternatives. Therefore, the re-negotiated amendment is deemed to be in the best interest
of the City in light of City's lack ofrecourse to the Developer.
It is recommended that the Mayor and Members City Commission adopt the proposed Resolution
authorizing the execution of the Fourth Extension and Clarification Agreement to the Cobb
Development Agreement, as amended.
LAL/CMC/rar
T:\AGENDA\2000\JUL2600\REGULAR\COBB.CM
RESOLUTION NO.
360- 2000
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF
THE MIAMI BEACH REDEVELOPMENT AGENCY
AUTHORIZING THE CHAIRMAN AND SECRETARY TO
EXECUTE THE FOURTH EXTENSION AND
CLARIFICATION AGREEMENT TO THE COBB
DEVELOPMENT AGREEMENT, AS AMENDED.
WHEREAS, in February of 1988, the Miami Beach Redevelopment Agency (RDA) issued
a Request for Proposals for new residential development at the Old Police Station Site in South
Pointe; and
WHEREAS, responses were submitted in June of 1988 and, subsequent thereto, the RDA
authorized the Administration to negotiate a Development Agreement with Cobb Partners
Development, Inc.; and
WHEREAS, following negotiations which lasted nearly nine months, the Cobb
Development Agreement was approved on March 31, 1989, for residential development of the two
blocks ofland between Alton Road and Meridian Avenue, from First Street to Second Street, and
subsequently including an additional block, bounded by Meridian Avenue, First Street, and
Washington Avenue; and
WHEREAS, since 1989, amendments to the subject Development Agreement have included
an Extension and Clarification Agreement on February 6, 1991; a Second Extension and
Clarification Agreement on June 3, 1993; an Amendment to the Second Extension and Clarification
Agreement on December 17, 1993; a Third Extension and Clarification Agreement on February 15,
1995, and an Addendum No. I to the Third Extension and Clarification Agreement on February 24,
1996 (collectively, the Development Agreement, as amended); and
WHEREAS, the Development Agreement, as amended, shall expire on March 31, 2003; and
WHEREAS, pursuant to the RDA's request, on March 17,1999, a status report on the Cobb
Project was presented to the RDA and, on April 14, 1999, the Administration and City Attorney's
Office presented a joint recommended course of action which deemed the developer to be in default
under the Development Agreement, as amended, for failure to timely complete construction, and
further recommended that, prior to instituting a default under the Agreement and undertaking
protracted litigation, the parties should seek to negotiate a further amendment to the Agreement; and
WHEREAS, on May 12, 1999, a status report on the Cobb Project was presented to the
RDA, stating that negotiations were ongoing and that the Administration would report back in July;
and
WHEREAS, on July 7, 1999, a status report was presented to the RDA and it was
recommended that a final report be presented in September, 1999; and
WHEREAS, on October 6, 1999, as a result of stalled negotiations with the developer, and
as a result of the lack of notice requirements from the developer relative to sale of units, which
t.riggers the City's repurchase option on Parcel 2 (Block 53), the Administration presented a
resolution seeking authorization to exercise the City's repurchase option to insure a preservation of
its rights and remedies; and
WHEREAS, the RDA deferred the item pending clarification of the City's and developer's
remedies and requested a report back at the next meeting; and
WHEREAS, on October 20, 1999, the RDA instructed the City Attorney to institute default
proceedings against the developer, including the filing of a declaratory action; the City Attorney
subsequently advised of the advantages and disadvantages of instituting default proceedings and it
was determined that negotiations with the developer should proceed; and
WHEREAS, the Administration and City Attorney's Office have been negotiating with the
current developer, the Courts at South Beach Ltd. flk/a Cobb Partners South Beach, Ltd., as the
successor in interest to Cobb Partners Development, Inc.; and
WHEREAS, accordingly, the parties have negotiated the attached Fourth Extension and
Clarification Agreement to the Cobb Development Agreement, as amended, and the Administration
and City Attorney's Office would jointly recommend that the Chairman and members of the RDA
approve and authorize the Chairman and Secretary to execute same.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY that the Chairman and
Members of the Miami Beach Redevelopment Agency herein approve and authorize the Chairman
and Secretary to execute the attached Fourth Extension and Clarification Agreement to the Cobb
Development Agreement, as amended.
PASSED AND ADOPTED this 26th day of
July
,2000.
m~
CHAIRMAN
ATTEST:
'1
_idi.UA(f
SECRETARY
) 0
1 (Lei Ll/--
Ai'f'kOVED AS TO
fORM & LANGUAGE
& FOR EXECUTION
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Date
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, florida 33139
Telephone: (305) 673- 7295
Fax: (305) 673- 7772
REDEVELOPMENT AGEN Y MEMORANDUM NO, .
00-$')
July 26, 2000
TO:
Chairman and Members of the
Miami Beacb Redevelopment gency
Lawrence A. ~:3r .j}'
Executive Dir~
A RESOLUTION OF THE C AIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT GENCY AUTHORIZING THE CHAIRMAN
AND SECRETARY TO EX CUTE THE FOURTH EXTENSION AND
CLARIFICATION AGREE ENT TO THE COBB DEVELOPMENT
AGREEMENT, AS AMENDE
FROM:
SUBJECT:
NI
Adopt the Resolution.
BACKGROUND
On March 17, 1999 a status report on the Cobb roject was presented to the Redevelopment Agency
Board (RDA). On April 14, 1999, the Admi istration and the City Attorney presented a joint
recommended course of action and the Board quested a report back in thirty days. On May 12,
1999, a status report on the Cobb project was pr sented stating that negotiations were ongoing and
that the Administration would report back in J Iy.
On July 7,1999, a status report was presented to the Board and it was recommended that a final
report be presented in September 1999. The negotiations with the Developer contemplated an
addendum to the Development Agreement addr ssing the outstanding issues. On October 6, 1999,
as a result of stalled negotiations with the eveloper and as a result of the lack of notice
requirements from the Developer relative to sal of units which triggers the City re-purchase option
on Parcel 2 (Block 53), the Administration pres nted a Resolution seeking authorization to exercise
the City's repurchase option to ensure a prese ation of the City's rights and remedies. The RDA
board deferred the item pending clarification 0 the City's and Developer's remedies and requested
a report back at the next meeting.
S()UTIl I)()I~I:
Vedevel()pment [)lstrict
T:\AGENDA\2000IJUL2600\RDA\CQBB,CM
AGENDA ITEM 3C
., - '2..G;- <::> 0
~ <:I:/'I/Tl:li
Vedevel()pment [)istrld
July 26, 2000
Commission Memorandum
Cobb Project
Page 2
On October 20,1999, the RDA Board instructed the City Attorney to institute default proceedings
against the developer including a declaratory action. The City Attorney subsequently conducted a
review of the property history and documentation and advised the RDA Board of the advantages and
disadvantages of instituting default proceedings. It was determined that negotiations with the
Developer should proceed and if negotiations fail, then the declaratory action would be filed and
pursued. (A draft complaint has already been prepared).
The Administration has met continuously with the developer on several occasions. The Developer
and the Administration have negotiated a Fourth Extension and Clarification Agreement that
addresses the parties' respective responsibilities with regard to construction completion deadlines,
the agency's obligation regarding the library and streetscape, the balance of the interest outstanding
on the additional purchase price, and other outstanding issues. Additionally, the Fourth Extension
and Clarification Agreement contemplated the proposed project redesign and the re-opening of
Meridian Avenue.
The outstanding issues addressed in the Fourth Extension Clarification Agreement are listed below:
ISSUES: EXISTING OBLIGATION: RE-NEGOTIATED POSITION:
Project Design: Project design is market driven. DRB approval No.1 1989 granted for
Residential units shall not exceed 3 I 7 Phase IV re-design on March 14, 2000.
units and commercial shall not exceed 8% As a result, Project shall not to exceed 4 I 2
of total FAR. residential units and commercial shall not
exceed 8% of total FAR.
Parcel I: Phase I 66 units Parcel I: Phase I 66 units
Phase II 52 units Phase II 52 units
Phase ill 46 units Phase ill 46 units
Phase V 23 units Phase V 23 units
Commercial 4 units Commercial 4 units
Parcel II: Phase IV 91 units Parcel II: Phase IV 222 units
Commercial I units Commercial I units
Meridian Avenue: Pursuant to the Development Agreement, Upon C.O. for Phase IV improvements,
the City quit claimed Meridian Avenue the Developer will improve and quit claim
from I" to 2" Street to Developer. Meridian A venue to the City. The cost of
the improvements are estimated at
$350,000. Developer will pay any amount
exceeding $350,000. Developer agrees to
appeal to DRB for return of parking
spaces to west side of Meridian Avenue.
O/S interest on The Agency demanded full payment for Developer has agreed to pay $30,060.55
balance on Purchase outstanding accrued unpaid interest on the to settle outstanding accrued and unpaid
Price: purchase price for Parcel 2, calculated to interest due on purchase price for Parcel 2
be $30,060.55. (Block 53).
T:\AGENDA\2000\JUL26OO\RDA\CQBB.CM
July 26, 2000
Commission Memorandum
Cobb Project
Page 3
Library Space: The Development Agreement requires the Upon the effective date, the Agency shall
Agency, or a party on behalf of the have the option, but not the obligation, to
Agency, to pay $275,000 for a 5,000 sf purchase the library for $275,000,
condominium unit to be used as a library exercisable no later than March 2003
facility. The Development Agreement (expiration date of Development
provides that the $275,000 fee be paid Agreement). Alternatively, the Agency
upon completion of the library facility and may propose a mutually agreed upon
'(not later than the issuance of a certificate public use for the facility, including a
of occupancy on the IOOth condominium police sub-station or administrative police
unit." To date, approximately 70 (66 or fire facilities. In the event the Agency
residential and 4 commercial) units have does not exercise its option for the library
been completed. In September 1999, the or public use facility, the Developer shall
Developer demanded payment for the have the option to convey the facility to a
purchase of the library. not-far-profit corporation/organization,
subject to the City's reasonable review. In
the event the Developer uses the facility at
any time as commercial space, the
Developer shall pay the Agency $520,000,
(representing developer's contribution less
any applicable parking impact fees).
Streetscape: The Agency's obligation to complete The Developer agrees to complete the
streetscape improvements is subsequent to streetscape improvements in accordance
the completion of each phase of with the existing and approved streetscape
construction. The outstanding unpaid plan and will be responsible in the event
balance of the $750,000 Agency obligation costs to complete exceed the $750,000
is $458,627. contribution. The Agency is still obligated
to reimburse Developer the outstanding
balance of $458,627 upon completion of
improvements. It is anticipated that these
improvements will exceed $750,000.
Construction The City's position is that the construction All phases (I-V) of construction must be
Completion completion deadlines have expired. completed by the expiration of the
Deadlines: Development Agreement, or 03/31/2003.
Phase I, totaling 92 units has been
completed. A portion of Phase II,
consisting of 26 units has been completed
and Developer agrees to commence
construction of the Piazza, located within
Phase II and complete no later than six (6)
months. Developer also agrees not to
commence construction on any other phase
until completion of Phase II and Piazza.
Additional Letter of credit ensuring timely completion Letters of credit remain at existing
Remedies: of construction for Parcel I is $255,000 amounts and Developer agrees to pay an
and $II5,000 for Parcel 2. additional $50,000 per year, for two (2)
years, if construction on any Phase has not
commenced and is not proceeding.
July 26. 2000
Commission Memorandum
Cobb Project
Page 4
Repurchase Option: The Agency has right to repurchase Parcel Developer has obligation to notice Agency
2 (Block 53) in the event Developer has upon the closings on the sale of 50% and
failed to commence construction within 75% of the units in Parcel I. City
120 days after closings on sale of75% of preserves its option to re-purchase Parcel 2
total units on Parcel I (141 units) at a (Block 53). Once option expires due to
purchase price of$I,554,200. commencement of construction on Parcel
Development Agreement has no notice 2 (Block 53), Developer agrees to transfer
provisions. option to re-purchase to Phase V at a pro-
rated purchase price of $295,96 I,
exercisable if construction has not
commenced thereon by 03/31/2003.
Development Current Developer (COBB) will continue Deletes existing provision. Developer
Entities: to be responsible and remain involved in advises that COBB will no longer be
the management, decision making process involved in the project and that this
and ownership throughout the entirety of provision is non-negotiable.
the project.
Project Re-design and Re-opening Meridian Avenue:
The proposed re-design will increase the number of units in the project from 317 units to no more
than 410 units remaining within the permitted FAR of the project as set forth in the Development
Agreement. This change is purported to expedite financing and construction of this phase. The
redesign also contemplates the reopening of Meridian Avenue be considered in response to
community concerns. The developer will fund the cost to complete and improve Meridian Avenue
once it is re-opened estimated at $350,000.
Outstanding Interest on Balance of Purchase Price:
On September 3, 1999, the Developer remitted payment for the outstanding purchase price for Parcel
2. Unresolved, is a discrepancy in the accrued interest calculation. Together with this remittance,
the Developer has demanded that the City fulfill its obligation to purchase the Library. On
September 22, 1999, the City replied to the Developer advising of the discrepancy in the interest
accrual calculation and advising that the City is not yet obligated to purchase the library unit. As it
relates to the unpaid and accrued interest, the discrepancy on the outstanding balance is attributed
to the commencement date of the interest accruaL The City calculated interest beginning 90 days
after the closing, however a later amendment to the Development Agreement provided that "Cobb
shall be entitled to apply a cumulative credit equal to its advances for the Agency's contractual
obligations ... no interest shall be due and payable with respect to the amount advanced by Cobb
which is in excess of the installments." The Developer has agreed to repay the $30,060.55 in
accrued and unpaid interest as calculated by the City.
Library Space:
The Development Agreement specifically states that (a) party or parties will purchase and contributd
to the City, the library space and (b) such purchase shall occur not later than the issuance of a
certificate of occupancy on the 100th condominium unit. As reflected in the chart above, the City's
option to acquire the library facility has been extended to expire coterminous with the Development
Agreement. Additionally, other public uses may be proffered by the City or alternatively after the
City chooses not to acquire the facility, the Developer may donate the facility to a not-for-profit or
use as commercial space contingent upon a payment to the City in the amount of $520,000 (less any
applicable parking impact fees).
July 26, 2000
Commission Memorandum
Cobb Project
Page 5
Construction Completion Deadlines and Additional Remedies:
While the City is of the opinion that the construction completion deadlines have expired, ifthe City
were to pursue a default, the current Development Agreement provides limited remedies i.e.
$255,000 and $115,000 letter of credits. The amendment provides that aU phases of construction
must be completed by the expiration of the Development Agreement, or 03/31/2003. In addition to
the letters of credit, the Developer agrees to pay an additional $50,000 per year, for two (2) years,
if construction on any Phase has not commenced and is not proceeding. Furthermore, the Developer
has agreed to complete Phase II and the piazza prior to commencing Phase IV.
Streetscape:
While the Developer agrees to complete the streetscape in accordance with the existing streetscape
plan, which is anticipated to cost in excess of the $750,000, the City wiU closely monitor and ensure
the quality of construction of the improvements.
Repurchase Option:
The Modification to the Cobb Development Agreement, dated October 9, 1989, requires the
Developer to commence construction on Parcel 2 (Block 53) of the Project within ninety (90) days
after the sale of seventy five (75%) percent of the units on Parcell. To date, the Developer has not
commenced development of Parcel 2. Pursuant to Section 17 of the Modification to Development
Agreement, if the Agency and Developer have closed on Parcel 2, but Developer has failed to
commence construction on Parcel 2 within one hundred and twenty (120) days after the sale of
seventy five (75%) percent of the total units on Parcell, provided Developer has not commenced
development on the date on which the Agency gives notice of its option to repurchase, then the
Agency shaU have the option to re-purchase Parcel 2 at a purchase price of $1,554,200, and to
terminate the Development Agreement as to Parcel 2. The Developer has agreed to provide notice
to the City regarding the sale of units on Parcell and to transfer the re-purchase option to Parcel V
upon construction commencement on Parcel IV.
RECOMMENDATION
While the re-negotiated amendment outlined above provides some additional remedies, the original
Development Agreement as amended, provides the City/RDA with little enforcement ability and
recourse alternatives. Therefore, the re-negotiated amendment is deemed to be in the best interest
of the City in light of City's lack of recourse to the Developer.
It is recommended that the Chairman and Members of the Board adopt the proposed Resolution
authorizing the execution of the Fourth Extension and Clarification Agreement to the Cobb
Development Agreement, as amended.
LAL/CMC/rar
T:\AGENDA\2000IJUL26OO\RDA\COBB,CM
FOURTH EXTENSION AND CLARIFICA nON AGREEMENT
This Agreement is made and entered into as ofthe c...;{(r,ltday of Y,<.f_ II , 2000, by and
among the MIAMI BEACH REDEVELOPMENT AGENCY, a public Agency, organized and
existing pursuant to the Community Redevelopment Act of 1969, Chapter 163, Part Ill, Florida
Statutes (1985, as amended), whose principal place of business is located at 1700 Convention Center
Drive, Miami Beach, FL 33139 (the "Agency"), the CITY OF MIAMI BEACH, a Florida municipal
corporation, whose principal place of business is located at 1700 Convention Center Drive, Miami
Beach, FL 33139 (the "City"), and the COURTS AT SOUTH BEACH LiMITED, a Florida limited
partnership f/k/a Cobb Partners South Beach, Ltd., whose principal place of business is located at
11098 Biscayne Boulevard, Suite 402, Miami, Florida 33161 (the "Developer").
WIT N E SSE T H:
WHEREAS, the Agency and Developer are parties to a Contract of Purchase and Sale and
Cobb Development Agreement, both dated March 31, 1989; a Contract for Purchase and Sale
Modification Agreement and a Modification to Cobb Development Agreement, both dated October
9, 1989; an Extension and Clarification Agreement, dated February 6, 1991; a Second Extension and
Clarification Agreement, dated June 2, 1993; an Amendment to Second Extension and Clarification
Agreement, dated December 17, 1993; a Mutual Extension Letter, dated August 26, 1994; a Third
Extension and Clarification Agreement, dated February 23, 1995; and an Addendum NO.1 to the
Third Extension and Clarification Agreement, dated February 13, 1997 (collectively the "Contracts"
unless otherwise specified, the defined terms of which are incorporated herein by reference), all
relating to a redevelopment project being undertaken by Developer originally referred to as the New
Development on the Old Police Station Site, Miami Beach, Florida (the "Project"); and
WHEREAS, each of the undersigned parties has respectfully determined it to be beneficial
and expressed interest to supplement and clarify the Contracts.
NOW THEREFORE, for TEN DOLLARS and 00/100 ($10.00) paid by each party to the
other, the covenants, conditions and forbearances set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Agency, City and
the Developer hereby agree to the following:
1. Proiect Development. The Developer has developed and/or intends to develop the
Project in ftve phases as follows:
1.1 Phase I of the Project has been constructed on the real property described in
Exhibit" 1 ", attached and incorporated herein (the "Phase 1 Property"). The improvements that have
been constructed on the Phase I Property are in accordance with DRB File No. 4095 and Building
Permit No. B-9300221 (the 'Phase I Improvements').
1.2 Phase II of the Project is to be constructed on the real property described in
Exhibit "2", attached and incorporated herein (the "Phase II Property"). The proposed improvements
to be constructed on the Phase II Property shall be in accordance with DRB File No. 5831 and
Building Permits Nos. B 9800843(Building 100) and B 9902349( Building 400) (collectively known
as the 'Phase II Improvements').
1.3 Phase III of the Project is to be constructed on the real property described in
Exhibit "3", attached and incorporated herein (the "Phase III Property"t The proposed
improvements to be constructed on the Phase III Property shall be in accordance with DRB File No.
11989 (the 'Phase III Improvements').
1.4 Phase IV of the Project is to be constructed on the real property described in
Exhibit "4", attached and incorporated herein (the "Phase IV Property"). The proposed
improvements to be constructed on the Phase IV Property shall be in accordance with DRB File No.
11989 (the 'Phase IV Improvements).
1.5 Phase V of the Project is to be constructed on the real property described in
Exhibit" 5" , attached and incorporated herein (the "Phase V Property"). The proposed improvements
to be constructed on the Phase V Property shall be in accordance with DRB File No. 5831 (the 'Phase
V Improvements).
1.6 For purposes of clarification, the parties note that the above-noted phasing
designations are for developmental purposes and said designations do not alter or change the parcel
designations as set forth in the Contracts. Thus, Phases I, II, III and V, noted above, correspond with
Parcel I, as set forth in the Contracts, while Phase IV, noted above, constitutes Parcel II in the
Contracts. The rights, duties, obligations and responsibilities of the parties with respect to Parcels
I and II in the Contracts shall not change or be altered by this Agreement, unless specifically set forth
herein. For the purposes of this Agreement, the Phase I Improvements, the Phase II Improvements,
the Phase III Improvements, the Phase IV Improvements, and the Phase V Improvements may be
referred to individually or, when referred to collectively, as the "Project Improvements".
1.7 The parties also recognize that the Developer has sought and received Design
Review Board approval for certain modifications to the previously approved DRB approved plans
under DRB File No. 11989, but that approval is not yet "final", without any further appeals or
reviews available. At the time of the approval of this 4th Extension or at such time as said DRB
approval is "final", with no further rehearings or appeals (administrative or judicial) possible,
whichever is later, then the terms of this 4"\ Extension shall be effective and the approved plans shall
be deemed to have been modified, without further action of the parties, to incorporate reference to
the 4'h Extension as the applicable DRB approval and any dates set forth in the Contracts or herein
that relate to plan approval shall relate to the date that these modifications are final and unappealable
or the date hereof, whichever is applicable. Furthermore, the defmition of Project Improvements
within the Contracts shall also be deemed to be modified, without further action of the parties, to
incorporate these modifications, which shall then be determined to be in compliance with the terms
of the Contracts and this 4'h Extension. In the event these modifications are not determined to be
"final", as noted above, then the designations and plans set forth in the Contracts and previously
approved shall continue to govern.
, The legal descriptions for Phase III and IV, attached hereto, may be modified as part of construction and/or
dedication and construction of Meridian Avenue. II is not the parties' intent to bind either party to the strict legal
description contained herein.
, Jd.
2
2. Number of Residential Unitsl Amount of Commercial Space. The parties acknowledge
that the Project Improvements, as contemplated herein or as subsequently modified by the 2000 Plan
Modifications, shall contain no more than 412 residential units, and that the commercial area for the
Project shall not exceed eight percent (8%) of the total permitted F.A.R. (Floor Area Ratio) for the
Project, such commercial square feet, to be divided into such number of individual commercial
condominium units as may be determined from time to time by the Developer in its sole discretion.
In no event, however, shall the Developer be permitted to exceed the permitted F.A.R. (Floor Area
Ratio) as set fonh in the Contracts. However, nothing contained herein should be construed to limit
the ability of the Developer to seek other plan modifications in accordance with the terms of the
Contracts.
3. Construction Completion Deadline. Notwithstanding anything to the contrary in the
Contracts, the parties hereto agree that the following provisions shall apply as to the construction
completion deadlines as they relate to the Project and any Project Improvements.
3. I In relation to the Phase I Improvements, the parties acknowledge that the
Phase I improvements have been completed.
3.2 In relation to the Phase II Improvements, the parties acknowledge that a
portion of the Phase II improvements, consisting of26 units, has been completed. The remaining
uncompleted portions of Phase II shall be completed no later than March 3 I, 2003, in any event, prior
to commencement of construction Phase IV or any portion of Phase IV, as provided in Paragraph 3.4
below.
3.3 In relation to the Phase III, IV and V Improvements, the parties acknowledge
that the improvements shall be completed no later than March 3 1,2003.
3.4 In addition to the construction completion deadlines set forth above, the
Developer hereby agrees to commence construction on the Piazza located within the Phase II and III
ponion of the Project within sixty (60) days of the date of approval of this 4'" Extension by the
Agency, City and Developer and to complete construction of said Piazza within one hundred eighty
(I 80) days of the commencement of said construction, barring acts of God or similar force majeur.
Developer agrees that it shall not commence construction on Phase IV or any portion of Phase IV,
until construction completion of Phase II, which is presently on-going. Developer further agrees that
is shall commence construction on Phase III no later than March 3 I, 2002.
3.5 In addition to any other provision, limitation or remedy set forth in the
Contracts, and not in substitution thereof, Developer hereby agrees that in the event there is a failure
of the Developer to have commenced construction, as defined in the Contracts, and to be proceeding
continuously with said construction, in good faith, within the time-frames set forth above, the
following additional remedies and/or damages may be available to the Agency and may be sought by
the Agency in the manner and mode and with the notice set forth in the Contracts for any such default
in completion. For purposes of this Agreement, "continuous good faith construction" shaIJ mean that
said construction on the Project or portion thereof shall not be idle, as determined by the City's
Building Official and consistent with the provisions ofthe South Florida Building Code, for a period
longer than 90 consecutive days.
3
3.5.1. In the event the Developer does not so commence and proceed with
the construction of any of the Phases noted above and in the manner noted above, the Agency shall
be entitled to damages from Developer in the amount of$100,000.00, only for a maximum ofa two
(2) year period and only payable at $50,000 per year. However, if the Developer has commenced and
is, in good faith continuous construction on said Phase within that first year, or if the Developer has
completed such construction at the end of one year from March 31,2003, then Developer shall only
be liable for $50,000.00 in total damages.
3.6 The parties acknowledge and agree that the construction deadlines set forth
herein are also governed by the provisions of Paragraph 12 of the "Cobb Development Agreement",
dated March 31,1989.
4. Library. Pursuant to the Contracts, the Agency acknowledges that it was the original
intent of the parties to allow for the purchase of a commercial condominium space(s) within the
Project by a party or parties that would purchase outright and contribute to the City of Miami Beach,
not later than the issuance of a Certificate of Occupancy on the I OOth condominium unit, one or more
commercial condominium units constituting the Library facility within the Project, of approximately
5,000 square feet, for the sum of $275,000.00. The parties also acknowledge that the intent to so
utilize this commercial space for a Library may no longer be feasible or desirable due to other library
facilities that have been constructed in the general area of the Project and the inability or
unwillingness of Miami-Dade County to allow and/or support the maintenance of another Library at
the location of the Project. However, the parties also recognize that there may be other public needs
of the City that can be met through the acquisition of the Library space that has already been
completed by the Developer. As a result, the parties hereby agree that the Agency shall have the
option to obtain ownership of what was previously identified as the Library facility in the Contracts
for any other mutually agreed to public purpose, such as, but not limited to, a police sub-station or
administrative fire or police office facilities, or such other public usage that is mutually agreed to by
the parties.
4.1 With regard to such facility, the parties agree that, upon effective date of this
Fourth Extension by the parties, the Agency shall have the option, but not the obligation, to purchase
the formerly designated Library for the sum of$275,000; such option to be exercised, in writing, by
the Agency no later than the issuance of the CO for the 1 OO'h Condominium unit or March 31, 2003,
whichever is the later. The Developer shall have the obligation to notifY the Agency, in writing, within
thirty (30) days of the issuance of the CO for the 100"' Condominium unit. Upon the later of said
written notice or March 31, 2003, the Agency shall have one hundred eighty (180) days therefrom
to exercise its option to purchase the former Library facility, for the sum of $275,000. Once said
option is exercised by the Agency, the Agency shall pay said $275,000 in 10 yearly installments
starting with the first installment at the time of notice of exercise of the option, and with each
additional installment of $27,500 to be paid on the anniversary date of the exercise of the option,
unless otherwise agreed to by the parties, in writing. The former Library facility is being offered to
the Agency in an "as is", "where is" basis, as such facility exists on the date hereof.
4.2 The Agency further agrees that in the event it does not exercise its option to
purchase the Library facility, the Developer may, at its sole option, convey said facility to a not-for-
profit corporation or not-for-profit organization that will utilize said facility for the benefit of the
4
goals of said organization. The Developer shall notify the Agency of its intention for the use or
conveyance of the facilities within 180 days of the date that the Agency fails to exercise its option,
noted above. Upon choosing this option, the Developer will, within thirty (30) days notify the
Agency, in writing, of its choice of the not-for-profit corporation or not-for-profit organization and
the Agency shall have thirty (30) days to approve or reject that choice, in writing and with reasons
stated for any rejection. The Agency shall not unreasonably reject the Developer's choice of said
corporation or organization. In the event the Agency does not notify the Developer of approval or
rejection within the time frame noted above, the Developer's choice of corporation or organization
shall be deemed to be automatically approved. If rejected, the Developer may choose to submit
another organization or corporation and submit it to the Agency in the same manner and time frames
as noted above. If rejected again, the choice of corporation or organization shall be determined in
the manner of dispute resolution set forth in the Contracts. If the Developer chooses this option, the
Developer shall have no obligation of donation or payment to the Agency, and said corporation or
organization shall be permitted to utilize and occupy said facility under the same terms, conditions
and requirements that would have been in effect had the City occupied said facility for Library
purposes. In the event that the Developer chooses to utilize the Library space as commercial space,
at any time, provided said commercial space remains within the overall Project F.AR., as set forth
in the Contracts, Developer shall pay to the Agency the sum of $520,000, to be paid in 10 yearly
installments of $52,000, which shall, in part, constitute a credit for the Developer towards any
parking impact fees that may be applicable for the use of the facility for this commercial purpose and
in lieu of providing any additional parking for the Project. In the event the Developer chooses to
utilize the Library space as commercial space within the overall Project, the Developer shall make its
initial payment of $52,000 to the Agency at the time it notifies the Agency of the exercise of such
option and every year, thereafter, on the anniversary date ofthe exercise of said option.
5. Parcel II / Block 53 (Phase IV)' Pursuant to the Contracts, as of the date of execution
of this Fourth Extension by the parties, the total amount remaining due to the Agency from the
Developer for the purchase price for ParcellIlBlock 53 is the sum of $30,000 which represents the
parties full and complete agreement regarding alleged back interest due on said purchase price.
5.1 Pursuant to the Contracts, the Agency and the Developer acknowledge and
reafftrm the Agency's continuing right to repurchase ParcellIlBlock 53 in the event that Developer
has failed to commence construction on ParcellIlBlock 53 within 120 days after the closings on the
sale of75% of the total units on Parcell, at a purchase price of$1 ,554,200. Because the Developer
can more easily track the continuing closings on the sale of units in the Project than the Agency, the
parties herein acknowledge and agree that, in order to preserve the Agency's right to re-purchase
ParcellIlBlock 53, the Developer shall notify the Agency immediately or no later than ten (10) days,
in writing, when the following events occur:
a. The closing on the sale of 50% of the units on Parcell;
b. The closing on the sale of 75% of the units on Parcel I.
Upon written notice from the Developer of the closing on the sale of75% of the units on Parcel I,
the Developer shall have one hundred twenty (120) days after such date, as set forth in the written
notice, to commence development on ParcelIIlBlock 53. In the event that the Developer fails to
commence development on ParcellllBlock 53 within 120 days after the closing on the sale of75%
5
of the total units on Parcell, as set forth in the date of written notice to the Agency, the Agency shall
have the option to repurchase ParcellllBlock 53 in accordance with the Contracts.
5.2 In the event, during the term of the Development Agreement, the option to
repurchase Parcel IIIBlock 53 noted above, expires or is lost to the Agency due to the
commencement of construction on said Parcel, Developer hereby agrees and does hereby grant to the
Agency the option to repurchase Phase V of the Project in the event of the termination of the
repurchase option on ParcellllBlock 53. The price of the repurchase option for Phase V shall be
$295,961, which is the equivalent price, per square foot, as the purchase price noted above for Parcel
IIIBlock 53. This substituted option to repurchase may be exercised by the Agency ifthe Developer
does not commence construction and be in continuous, good faith construction on said Phase by
March 31, 2003. If said option is so exercised by the Agency, then the conveyance of said Phase to
the Agency shall be free and clear of any obligations by the Agency regarding development, operation
and maintenance pursuant to any of the Association or Condominium documents for the Project.
6. Streetscape.
6.1 Pursuant to the Development Agreement, the Agency was obligated to
construct certain streetscape improvements in the general area of the project, as well as in close
proximity to the Property. Subsequently, in the Contracts, the Developer agreed to design and
construct a certain portion of these improvements that were estimated by the parties to cost
$750,000.00. The parties agree and acknowledge that the Developer has constructed a portion of
the streetscape improvements and the Agency was obligated to reimburse the cost thereof, not to
exceed $750,000.00, to the Developer. The parties further agree that the Developer has already paid
$291,373.00 for said streetscape improvements that has been applied as a credit against the purchase
ofParcellllBlock 53. Therefore, the present limit of Developer' s continued obligation to design and
construct said streetscape improvements and the balance that will be due and owing to the Developer
by Agency is the sum of $458,627.00. However, Developer agrees that in the event the aggregate
cost of said improvements exceed $750,000.00, Developer shall be solely responsible for said
additional costs as long as the streetscape improvements approved by the Agency are consistent,
compatible and substantially the same as the streetscape improvements done to date by the Developer
between Alton and Jefferson on 1" Street, and/or Developer's presently approved plans for said
streetscape between Meridian and Jefferson on I" Street.
6.2 The parties hereto acknowledge and agree that the conceptual streetscape
improvements for the Project are those streetscape plans and streetscape design criteria mutually
acceptable to the parties and which are consistent with paragraph 6.1, but specific and detailed
streetscape plans and streetscape design criteria have not yet been submitted to the Agency for review
and approval. In the construction and completion of the Project, the Agency agrees as follows:
6.2.1 Upon submission of the proposed specific and detailed streetscape
improvements by the Developer, the Agency shall respond to all Developer submissions within 30
days of the Developer's submission therefor. In such 30 day period, the Agency shall either agree to
the streetscape improvement plans proposed by the Developer and/or set forth the reasons for non-
acceptance and the changes requested by the Agency. In the event that said plans are not approved
by the Agency, the Developer shall make such modifications to the plans as it deems appropriate to
6
respond to the reasons expressed by the Agency and shall submit revised plans to the Agency within
30 days of the date the Agency rejects the original submittal. Thereafter, the Agency shall have an
additional 30 days in which to review said revised plans. If the Agency fails to approved the revised
plans, it shall indicate the reasons therefore and the Developer shall either once again revise the plans
and resubmit within 30 days of the date of rejection or may appeal said rejection to the Design
Review Board. In the event the Developer chooses to appeal the rejection to the Design Review
Board, both the Agency and the Developer agree to be bound by the decision ofthe Board. Failure
of the Agency to review and act upon the submission of the plans and/or revised plans within the
time-frames set forth herein shall result in automatic approval of the plans then submitted.
6.2.2 The Agency agrees that the Developer shall construct such streetscape
improvements with third party contractors and, provided that the Developer does not receive any
commission or payments therefor, the Developer may utilize such contractors as determined by the
Developer with the Agency's reasonable consent, as set forth herein. Developer will, within thirty
(30) days after determining its third party contractors, notify the Agency, in writing, of its choice/s
and the Agency shall have fifteen (I5) days to approve or reject the choice/s, in writing and with
reasons stated for any rejection. The Agency shall not unreasonably reject the developer's choice/s.
In the event the Agency does not notify the Developer of approval or rejection within the time frame
noted above, the Developer's choice/s shall be deemed to be automatically approved. Ifrejected, the
Developer shall choose another contractor/s and submit it to the Agency in the same manner and time
frames as noted above. Ifrejected again, the choice ofcontractor/s shall be determined in the manner
of dispute resolution set forth in the Contracts.
6.2.3 The Agency agrees that upon submission ofan invoice for payment of
the streetscape improvements, the Agency shall review the improvements constructed by the
subcontractor and within thirty (30) days of the submission of the invoice for payment therefor shall
either issue payment for the invoice submitted to the Agency and/or provide the reason why payment
therefor should be reduced and/or not paid. If no action is taken by the Agency within said period,
the submitted invoice shall be deemed approved and shall be then due and payable. If the Developer
does not agree with the determination of the Agency, it shall have the ability to seek review ofthat
decision in accordance with the dispute resolution procedures set forth in the Contract. In no event
shall the Agency be liable or responsible for payments in excess of those set forth as the Agency's
responsibility as set forth in Paragraph 6.1 hereof.
7. Meridian Avenue.
7. 1 The parties hereto agree that upon obtaining the final Certificate of Occupancy
for the Phase IV Improvements, the Developer shall, for $10.00 and other good and valuable
consideration, quit-claim to the City the real property currently known as Meridian Avenue, more
particularly described on Exhibit "A" attached and incorporated herein (the "Meridian Avenue")
Developer may reserve, in said deed or otherwise, a non-exclusive utility and/or storm water drainage
facility easement. Developer shall notify the City, in writing, within thirty (30) days of the date of
obtaining said final Certificate of Occupancy. However, Developer will only quit-claim Meridian
Avenue to the City upon completion of streetscape improvements to Meridian Avenue that are
consistent, compatible and substantially the same as the streetscape improvements done to date by
the Developer between Alton and Jefferson on I" Street, and/or Developer's presently approved plans
7
for said streetscape between Meridian and Jefferson on I" Street. However, any such transfer shall
be conditioned upon Developer's determination that such transfer will have no adverse impact on
Developer's rights to develop, redevelop, repair or rebuild the Project, or any portion thereof, based
upon any loss of the Meridian Street property and as a result of the City's zoning laws and ordinances
including, without limitation, Floor Area Ratio ("F.AR. "), lot coverage, lot size, lot frontage, open
space, or any other zoning calculation or requirement ("Zoning Requirements") or any provisions of
the Contracts, for the total Project, or any portion thereof, so as to render all or any portion of the
project "non-conforming" or violative of either the zoning ordinances of the City, or any other orders
or regulations of the City's Boards or agencies, or the governing regulations of any other
governmental agency with jurisdiction thereover, or any provision or limitation on the Zoning
Requirements set forth in the Contracts. At present, Developer believes that any such transfer will '
not have an adverse impact on the Developer's Zoning Requirements, under and pursuant to the
provisions of Section 142-707 of the Code of Ordinances of the City. In the event, however, that the
Developer determines that any such transfer is so violative of any such Zoning Requirements or
Contract provisions, the transfer shall not be made unless and until the Agency, at its own cost and
expense, obtains either a variance, legal ruling, Board or agency determination or amendment to the
Contracts or other action that will legally render the Project, or any portion thereof, "conforming"
or not so violative. In the event that the Agency cannot or chooses not to do so within six (6) months
of the certificate of occupancy noted above, then it shall notify the Developer thereof and within 60
days of such notice, the Developer shall grant the Agency a perpetual easement inuring to the benefit
of the public for the use of said property upon the Agency's agreement to provide and be responsible
for all future maintenance, construction and upkeep and liability for the use of said property for such
public purposes.
7.2 The parties recognize that Developer has received approval for modification
to its approved plans under DRB File No. 11989, and that matter is presently still pending. As part
of that approval, the DRB required that Developer to eliminate certain parking spaces on the west
side of Meridian Avenue that had been originally proposed by Developer, and Developer's approved
plans presently reflect that modification. The parties agree that it may be in the best interest of the
parties for the proposed parking spaces to be returned to the design. As a result, Developer agrees
that within sixty (60) days of the later of the date of the approval of this Fourth Extension or the final
approval of the DRB Order entered in File No. I 1989, noted above, Developer will apply to the DRB
for a modification to that approved order to reinstitute said parking, as may be consistent with
Developer's drainage and utility installations. The Agency shall be responsible for any required filing
fees for that application by Developer, but Developer shall be responsible for any cost and expense
of revisions to the plans and any costs of providing labels or publications for the DRB review.
Agency agrees to support Developer's application before the DRB. Developer shall be under no
obligation to accept or implement any such modified plan if, as a condition of said approval, the DRB
changes or modifies or otherwise conditions any of the previously approved buildings or elements of
the project, save and except for the parking spaces set forth herein.
8. Development Entities. The restriction on Development Entities contained in
Paragraph 8 ofthe February 6, 1991, "Extension and Clarification Agreement", are hereby
deleted. Nothing contained herein should be construed to otherwise modify the provisions
governing Assignment and contained within the Contracts.
8
9. Reaffirm Existing Contracts. Each of the parties hereto hereby reaffirms its
obligations and commitments under the Contracts, as amended herein. Except as specifically clarified
or modified herein or previously, the Contracts shall survive and continue in full force and effect
However, in the event of any conflict between the terms of the Contracts and this Fourth Extension,
the terms of the Fourth Extension shall govern.
10, Mutual Waiver of Existing Defaults. Each party hereto waives any prior or existing
to defaults, claims or causes of action, or any nature by the other party, under the terms of the
Contracts, and agrees that the other party has fully performed as of the date hereof.
II. Statement of Understanding. This Fourth Extension and Clarification Agreement
evidences the commitment of the parties to continue their mutual cooperation to achieve the
successful completion of the Project
12. Entire Agreement This Fourth Extension and Clarification Agreement, together with
all of the Contracts referenced herein (including their exhibits), represents the entire and integrated
agreement between the parties with respect to the Project and the terms of this Agreement shall be
binding on the parties successors or assigns. In the event this Agreement imposes rights, duties,
responsibilities or entitlements on the Agency that are more properly or legally the rights, duties,
responsibilities or entitlements of the City, or visa versa, or more properly or legally exercised by both
the City and Agency, then the designation of the Agency or City as the operative party shall be
construed to be the appropriate party or parties for said rights, duties, responsibilities or entitlements,
IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed as
of the date first set forth above.
THIS SP ACE INTENTIONALLY KEPT BLANK
9
ATTEST:
1'11/,.').
0! te\:!
/)
I ({/"dC~
MIAMI BEACH
AGENCY
REDEVELOPMENT
By:
lANGUAGE
& FOR EXECUTION
By:
Robert Parcher, Secretary
Nei
STATE OF FLORIDA
)
) SS:
)
~ f- P-~
~ Oft
BEFORE ME, the undersigned authority duly authorized in the Sta ~ aforesaid
to take acknowledgments, personally appeared NEISEN KASDIN, well known to me or.wh:c;.
-flr~,"ut~d iaelltiti6atiaR iR tll.. form gf , the ChaIrman of the Miami
Beach Redevelopment Agency, and who took an oath, acknowledging that he executed the above
and foregoing document as his free act and deed, for and on behalf of said Agency as its duly
authorized representative, for the purposes set forth therein, and that the seal affixed thereto is the
true and correct seal of said Agency.
COUNTY OF MIAMI-DADE
IN WITNESS WHEREOF, I ~e.hereunuset my hand and affixed my official seal, in the
State and County aforesaid, on this~ uay of 1 ~ ' 2000.
A jtU-~~-utUL-rly?
Name i,III/17V 73 €ClIXhI1-MP
Notary Public, State of Florida at Large
O!',.,ClAL NOTARY ,EAl. J
ULLlAN BEAIJCHM'1P I
NOT.o\RY ptffil..!C sr ATE OF Fl.0I-: iD,A. ,
COMY.JSS1:)N NO. ':C?:\~','2 1
J M (CO\'l:v.1SSl0~j EXP. API<, 2c;.2C~2 i
----.--.-;
ATTEst:
By J{/ he ( )
1
I;/{[( (...( .\..
CITY OF MIAMI BEACH
By: Neisef~din, Mayor
Robert Parcher, Clerk
ST ATE OF FLORIDA
)
) SS:
)
COUNTY OF MIAMI-DADE
BEFORE ME, the undersigned authority duly authorized in the State and County aforesaid
APPROVED .~ TO
FOR^" & LANGUAGE
& FOR EXECUTION
10
1~l(Jfijt ~ fD;; ~
to take acknowledgments, personally appeared NEISEN KASDIN, well known to me or :wIlo
prOMllttle iaeRtiBE!atislI'in tll@ fem. ef IJ;IJ , the Mayor ofille City of
Miami Beach, and who took an oath, acknowledging that he executed the above and foregoing
document as his free act and deed, for and on behalf of said Agency as its duly authorized
representative, for the purposes set forth therein, and that the seal affixed thereto is the true and
correct seal of said Agency.
IN WITNESS WHEREOF, I hay,e hereunto_~et my hand and affixed my official seal, in the
State and County aforesaid, on this21LT(!ay of Ut7f'v -:;,'r ,2000.
;4<ltL~G!J -&2il-t_~
Name }-; f if IJ-r.i '7:>€jiUt-hrtrnp
Notary Public, State of Florida at Large
OFFlQALNf.:rARY
lItLIA ''/8- '. SEAL
:-:(t:'ARVllUBU l:ALCf1AMP
C'o' . eSTATE ')[/1.C'-
MMlSS'O! ' ,. -'r,,' ~)A
MyCQ '/ ~ I'll" '-C.'~"
. MMISS/(}"'lf :-;~ ~ . I :~"\::L~
~__..:..X.. '-~~':,,2~L~~:::._!
THE COURTS AT SOUTH BEACH
LIMITED f/kla Cobb Partners South Beach,
Ltd., a Florida limited partnership
ATTEST:
By~W~Q. ~C~~1~
By: PACIFIC INTERNATIONAL
SOUTH BEACH, INC., a Florida
a Genera er
STATE OF FLORIDA )
) S S:
COUNTY OF MIAMI-DADE )
BEFORE ME, the undersigned authority duly authorized in the State and County aforesaid
to take acknowledgments, personally appeared ALAN DAVID, well known to me or who presented
identification in the form of , the Vice President of PACIFIC
INTERNA TlONAL SOUTH BEACH, INC, a Florida corporation, a General Partner, and who took
an oath, acknowledging that he executed the above and foregoing document as his free act and deed,
for and on behalf of said corporation as its duly authorized representative, for the purposes set forth
therein, and that the seal affixed thereto is the true and correct seal of said Agency.
IN WITNESS WHEREOF, I Ipve hereunt ;;et my hand and,affixed my official seal, in the
State and County aforesaid, on this,i...!L day of . 2000.
N
Florida at Large
II
RUTHANN MOORE
NDIaIy Nll1c: . Stale or RaIda
Mr Conmlsslon &pires Jun :lD. 2lIlI4
CammIssIan' CO,*,
EXHffiIT DESCRIPTION SECTION
1 Legal Description of Phase I Property 2.1.1
2 Legal Description of Phase II Property 2.1.2
3 Legal Description of Phase III Property 2.1.3
4 Legal Description of Phase IV Property 2.1.4
5 Legal Description of Phase V Property 2.1.5
12
if
~[L 1826m 1985
EXHIBIT 1
PHASE ONE
A portion Block 80, 011 of the 15 foot wide alley within said Block 80, 0 portion of the
right-ai-way 01 PALM AVENUE (JEFFERSON AVENUE), and 0 portion of Block 78. 011 per th
plot of OCEAN BEACH FLA. ADDITION NO. .3, as recorded in Plat Book 2, ot Page 81 of thE
Public Records of Miami-Dade County, Florida. being more particularly described os follows:
Commence at the Northwest corner of Lot 8 of said Block 80; thence N 77'11'17" E along
the Northerly line of said Block 80 for 1.36.05 feel to the POINT OF BEGINNING of the
hereinafter described parcel o'r lend; thence con tinue N 77'11 '17" E along said Northerly line
of said Block 80 and its Easterly extension thereof, and along the Westerly extension of thr
Northerly line of said Block 78 and along the Northerly tine of said Block 78 for 234.15
feet to 0 point 0.11 feet Easterly of the Northwest corner of said Block 78: thence S 12'
47'12" E along 0 line perpendicular to the next described course for 365.09 feel to a point
on the Northerly right-of-way line of FIRST STREET as shown on said Plat Book 2, Page
81: thence S 77"12'/,8" W clong said Norlherly right-or-way line af FIRST STREET per said
plot. being along the V/cstcrly extension of the Sou~herly line of soid Block 78 and along
the Southerly line of the Eosterly extension of said Block 80 and along the Southerly line
of said Block 80, for 228.47 feet to the Southwest corner of said Block 80 being a point
on the Easterly right-of-way line of ALTON ROAD as shawn an said Plot 800k 2, Page 81;
thence N 43'00'30" v,; along the Easterly right-of-way line of ALTON ROAD per said plot,
along the Southwesterly line of said Block 80 lor 281,46 feet: thence N 12'48'4,3" W
along the Westerly line of said Block 80 for 8.75 feel: thence N 77'12'48" E for
135.00 feel: thence N 12'1,7'12" VI for 113.03 leel 10 Ihe POINT OF 8EGINNING.
Parcel contains 102,511 square feet or 2.353 acres more or less.
SURVEYOR'S NOTES:
- This is 0 "Boundary Survey" only and does not depict any topography.
- Bearings hereon are rererred to on assumed value of S 77'12'48" W for the
Northerly right-of-way line of said FIRST STREET said bearing is evidenced by
SET 1/2" PIPE & CAP, L83653 ond SET NAIL & DISK, L83653.
- Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch 1/2950-086.
- Dimensions indicated hereon ore field measured using a lotal station
electronic distance measurement (EDM), unless otherwise noted.
- Elevations NOT shown hereon.
- Improvements and/or encroachments, aboveground and/or underground,
ore not shown unless otherwise indicated. This is only a Boundary Survey.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Boundary Survey" was mode under my responsible charge
an March 2, 1998, Gnd meels the Minimum Technical Standards as set forth by the
Florida Board of Professional Surveyors and ~~oppers in Chapter 61G17-6, Florida
Adminislrative Code, pursuant \0 Section 0172.027, Florida Statutes,
"Nol valid withoL't the signature and the original raised seal of a Florida Licensed Surveyor
an.ci, ..~.Qpper"
... ,"""'---'
FORTIN, Li':";\"\i~(, "SK!LES, INC., LB3653
,. -yt, ,..
~(~~Y>:i0/k/
'rax:::~~-~~-0~--------------
":\'..Oani'el C;,>rc:din, For The Firm
"'-','S~r.'~~YQr 'chd ~"IGpper, LS2853
Slote" or Florida.
Drawn By
Cad. No.
ADe
980096
r OEseRIP nON OF PHA SE ONE
FORTIN, LEA \!Y, SKILES, IHe.
CONSULTiNG ENGINEERS, SUI?VEYORS AND MAPPERS
IDO Nor111Cost IG(l{h S~root / North Mwml Daoe-h. Florida. 33lG2
I'll. 6::i3-,HV3 / r..x 651-7/52
) Date 3/2/98
Scale , "=50'
Job. No. 980065
Dwg, No. , 098A-006-1
Sheet 2 01 2
nef. Dwg.
295D-086
1. AMEND PHASES
Plotted: 7/20/96 &:14p
~.:i.
C!u~),< NOTE: . .
m'.18267ft 1984 sE{gMc~~R~~~~~ g~op~
'I
l(j
I
. .- -
-~..- -
SECOND STREET
FOUND NAIL & DISK.
LS2D94 (2/4/98)
SET 1 /2" ~'PE & CAP c.. -
LB3653 (2/4/98) I ~
_ _tPOINT OF ~OMI.lENCEI.lEN~ OF PHASE ONE
N7Til'17"~ 5iJ.4/:
-?i'i9~~s.SI- ~O'3-NIR_Ol. ~OT 8 BLOCK 80
~. 1)- N77'11 '17"E 13605'
~~I:--..
~~ 10:
-IC'
z _
<3 s l_ _ _ _.... _ _Q.l~J_l\tBr;;.S_ .!A9B~ _O..ft u:_s.?_....
Ii-, 1.3 BLOCK 80 - 2/81
"':'In SET 1/2" PIPE & CAP
"':;? I; 7 LB3653 (2/',/98)
~I~
212
r- --------------------------
S77'12'1,8"W 13500'-
:-----. NI2'48' 4]"W
8.75'
;n
N
8
, N77'11'17"E 234.15'
~POINT OF BEGINNING PHASE ONE
'n CORNER INN ACCESSIBLE (2/4/98)
o SET NAIL & DISK 5' OFFSET NORTH
n: 1
- ,
.- ,
~-T-------------------------------
:N! ...'" I
.- I ~'"
f-.. I (,)'>,,;t
~ : 2 r/<"'::.~ <to
~ : ~,~ "'0....
z'
j-7-----------------------------
o SET 1/2" PIPE & CAP
: LB3653 (2/4/98)
,
, 3
,
,
,
,
5
SET NAIL & DISK 2.353 ACRES MORE OR LESS
LB3553 (2/4/98) PH A S E 4 0 N E
BLOCK 80 I
~~ __ 2)81
J. --------------------- ----------------------------
00.
'b.
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. .~ym1. ,,,,,-, 1.;.,.,,';1;1
---.:.._:..J'l~ I (;l~{~"_E'';?;~",I;~::q~1 I
('[I''':' fEET)
1 inch'" 50 {l.
5
- - -; 5'- ~!~DE - ALLE'( - :;ACA TED - PER - RES.- -9-3-~ 207 3;; - --
- - - -- - - --- - - - - - - - - - -,- - - - -- r - - ---..,- - - - --,.. - -- - --
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: 12: 11
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, ,
, ,
, ,
55T 1/2" IPIPE & CAP
LB3653 (2/4/981
~ S77'12'4S!'W
228.47'
13
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9
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-.\
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SET NAIL & DISK
LB3553 (2/4/98)
'0
ci
"'
\
\
~.--
o
---..
N77'12'48"E
257.22'
FIRST
STREET
DrDwn By.
Cad. No.
rBOUNDARY SURVEY OF PHASE ONE) rDa'.
IScale
FORTIN, LEA VY, SKILES, INC. IJob
CONSULTiNG ENGINEERS, SURVEYORS AND MAPPERS IDwg.
lDO Nort"CDSl 16Dt". Strcct / North Alitlm/ DCllch. Flor/dc. 33162
D', C'~~_,'_'''~ / Po. ,_ r,". _ _. __n
^DC
98DD96
C/. Dwg. 295D-08G
1 AMEND PHASES
Plotted' ":' /':'0/'1,<\ f,' 1.~:'
,
::::,
3/2/98
1"=50'
No. 980065
NO.1D98A-D06-11
EXHIBIT 2
~;;)
t:;r. 'I ('lQ I '.:-nP1C7::
:~~C. l..:,) I Llil......JI...J
Plll\SE 'l'h'Q LEGl\L DESCIUP1'ION:
1, PORTION Of BLOCK 78, 11 PORTION Of PALI.l AVEIWE IJEFFERSON
hVENUE), h PORTION OF THE 20 FOOT WIDE 1ILLEY WITHIN SAID BLOCK
78, r~ POllTION OF TilE 15 FOOT ALLEY WITH SAID BLOCK 78, ALL PER
TIlE PL.:".T Of' "QCEI-1N BE.;CH FLA. ADDITION NO. J", AS RECORDED IN
PLI\T BOOK 2, 1\T P1,GE 81 OF TIlE PUBLIC J1ECOllOS OF J-lIl\rH-Ol\DE
COUNTY, FLOnI07\, !]E!!JG ].lOJLS PAHTICULlmLY DESC1UBED AS FOLLOr-iS:
CO:.lI-;C!lCE 7\'1' THE ii01{TIJ',',:E$'l' COHN En OF LOT 8 I OF BLOCK'oOD I
PEn TilE: Si\ID I'Llj'!' OF "OCEl.:.N DEl\CH J'Ll\. ADDITIDrJ NO.3", THENCE
II77011'17"S, 1\LONG '1'I!S IWH'1'I1EIlLY LINE OF S1\IO BLOCK 00 1,NO ITS
E1IS'1'EHLY E':':'1'ENSrOl1 T!!EnEOr I l'd~D ilLONG THE \'/ESTERLY EXTENSION
OF TIlE NOR'l'I1ERLY LINE OF 5.',1D BLOCK 70, I\1'D ALONG THE NORTHERLY
LINE OF SJ,JD BLOCK 70, Fon 370.20 TEET 1'0 A POINT BEING 0,11
FEET El,ST OF TilE IWRTHl'iS5T COmlEH OF SAID BLOCK 78, BEING TilE
POINT OF BEGINNING OF TilE HEREINl\FTEJ~ DESCHIBED PJillCEL OF LAND;
TIIENCE CONTINUE N77"11'17"E,
ALONG SAID NOR1~EnLY LINE OF BLOCK 78, FOR 162,92 FEET; THENCE
S12"47'12"E, Fan 365.16 FEET '1'0 A POINT PERPENDICULAR TO THE
NEXT DESCRIBED CODRSE BEING TO 1, POINT ON THE NORTHERLY llIGIIT-
OF-I'IAY LINE OF l'IRS'l' STREET, ;,S SIlOI;N ON S7\ID PLlS BOOK 2, PAGE
01; '.l'J!EI~CS 577<>12'<10"1'.', l\LOt;G TliE NOHTBERLY LINE OF 57\10 FI'RST
S'l'HEET, lIS 5HOh'N ON St\ID PLt'\'l' BOOK 2, PAGE 81, AL01W THE SQUTH-
EIlLY LINE OF SAID BLOCK 78 "NO ITS l'IESTEIlLY ~':TENSION THEREOF
FOR 162.92 FEET '1'0 A POINT O.O~ FEET WEST OF THE SOUTIIWEST COR-
NEll OF ST\ID BLOC/\ 78; THS!'~C.s N120,17'12"\'1 FOR 365.09 FEET '1'0 THE
POINT OF BEGINNING.
CONrl'7,I!~S 59, .186 SOU/tHE F'EET on 1.366 i\C.P.ES OF 1.;\ND, 110RE
on LESS.
~.
'{2
-\
~
." I 'V1 1 """9-"
,: I. \,\.. .' 1.('; .';'
:::.c. U,J 1_ ,-,\.1_1
,~
BOUNDARY SURVEY
OF
PHASE TWO
"6
\')
. tP,O.B,.
rP.o.c. r,.w, COR. I . I PHASE TWO
I LOT B, BLK. BO. r----~-F'-, 2.'2d"" S1-:- - ~"Nn
I N I J' ,,., N77 II 17 E "'
~_ .. _ 370.20'_ I~ 152,92'
I .., I (' "I \ I r-- I ---
I, 35' '- ,0, PK NtlL \ I 10 I I ;0. PK NAIL
\'/IRLS ISK I"" , '.'.'/RLS DISK
10 ,0 i 1
I \ I S" I
o 0'1 I"
I uOo '];J ___01 I
! =-----0/,----:00---: ~l----
, ; ~ '"/ . 00, I Ct: I
W 9 1[5:
:> I 0. I ~
./11 .g;i-----------------) ~ i -~---
,..: <I1 I U I 0
~ w 8 I~,N
b n [ 1 Vl
~ l____________~Ll<J g : __I~
bi ~ 8. 21;::j P. S I
-' 1,369 AC. : ~
~ I >
~ -----------------1 '0
>- I N .----
co -;.;>' I to
a~i- > 6 : ,,.,
~ ~:-\! I ~
<! I I I
:;i ct '~___________________.__.J l____
> W' 15' WIDE VACATED ALLEY PER R S. 93-20737
> LL N ----1'----1---1---1----1-..-'--
.... tb Z I I 1 I I I
Ct: I SEE I SHEET 6 OF 113 I I
~ i FOR I BLOG, 1i00 LOCATION I :
-h I I I I
.~ I'" / 20 I liS I 17 I 16 : 15 I 1'1
o~ I I /&/1-1
r--[ '5 ' I I 1" I :
S W COR ,,/ ....:'-- I I Ii 1 I
\ (SLI< so' _ 'jJ 1 SE~IIR' PI~E : I : I
\ ---.J 22~{ \ / I i I ! I :
y= V~ - 152.92' T-
'FD PK NAIL I
WI RLS DISK '0 577' 12' 4a"w '0 i
~I ~i
I i
',~ I 1-5!... &1. I
2"
3
'1
5
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8~
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om
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l;j _l_l
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"1.
f,
EXHIBIT 3
~ff I 8Zb7frZO I 0
~~
_. _..---
PHASE THREE
A porlion or Block 78, a POrl::l," or the 15 fool olley within said block 78, and 0 portion of
PINE AVEr\IUE (i.~ERIDIAN AVE:\'JE). a:: per the plCil of OCEAN BEACH FLA. ADDITION NO.3, os
recorded in Plot Book 2, at ?:l:Jc 81 of the Public Records of Uicmi-Dode County, Florida,
"being marc particularly descri:;ed os fol:ows'
Commence ot the ,"..!crlhwesl CQrr.er of Lot 8 of 8Ioc~BO. :Jcr the said plat 01 OCEAN BEACH
FLA. ADDITiON h,'C. J: thence ,\: 77'11 '17" [ olong the !\'o.-ther:y line of said Block 80 and its
Easterly exlension thereof, cr:c along lhe Westerly extension of the Northerly line of soid
Block 78 ond along the Norlr:e'-Iy line of said Slock 78, for 53.3.12 feet to the POINT OF
BEGINNING of the hereinafter :::escribed parcel of lond: thence contirll.:e N 77'11'17" E along
said Norlh8rly line 01 Block 73 end its Easterly extension thereof for 137,41 feel to 0 point
0.30 feet Ecst of the Norlhe:s: Corner of soid Slack 78; thence S 12'47'12" E for 365.22
feet to 0 point perpendicular :0 the nex~, descrioed co;....rse being to 0 point on the Northerly
right-of-wey line of FIRST STRi::ET os shown on said Plot Book 2, Page 81; thence S 77'
12'48" W olong the easterly ex~ension of :he southerly line 01 said 810ck 78, along the
southerly line of said Block 78 and along said Nodherly right-of-way line of said FIRST
STREET os shOwn on soid Plot Book 2, Page 81 for 137.41 feet: thence N 12'47'12" W for
365,16 feet to the POINT OF 6:::GINNI,~IG.
Containing 50,182 Square Feet :::;r 1.152 Acres more or less
SURVEYOR'S NOTES:
This is a "Boundary Survey" O:1IY end does not depict ony :opogrophy.
Bearings hereon arc relerred lo on assumed value of S 77'12'/,8" W for the
Northerly righl-of-way line of said FIRST STREET said bearing is evidenced by
SET 1/2" PIPE & CAP, LB3653 ond SET NAIL & DISK, L83653.
Dimensions shown hereon ore :)OsccJ Of! rodin, LC::Jvy, Skilc~, sketch 1/2950-086.
Dimensions indicated hereon ere field measured using a total station
electronic distance measureme~t (EOM), unless otherwise noted.
Elevotions NOT shown hereon.
Improvements one/or encroachments, aboveground ond/or underground,
ore not sho,,';n unles:; otherwise irl(Jicoled. ThiS is only a Boundary Survey.
SURVEYOR'S CERTlelC/, TIOI<:
I hereby certiiy \hol \his "Boun(5:;c)' Surv8y" \'105 mode unde.- my responsible
charge 0.'1 !viorch 2, 1998. ond ,,,,:,,,eels the ,'..1inimum Technical Standards os set forth
by the Florida 800ro or Proressicncl Surveyors one 1v1cppers in Chapter 61G17-6.
Florida Adrnini3trotive Code. purs'..:cr1t to Section /,72,027. ,clorico S~otules
"Not valid wi,hout the signcllJre c",j
seal of 0 Florida licensed St)rve:,'of
the original rcised
" "
one I,..,opper
\',. ."
FO~.7:.~~:~'~/V:~ ?<ILES, INC., L83653
..,<;',{.,{;, /1/;/
.. '. 6t~'.;4Y}c::/ ( /r,
:". '-,._"Tl_-c,~"'::;;-r.--_..:._L'"_---~~---------
.Daniel C: fydi,'l,' ~'or The Firf'('.
Sor,yeyor.' c'r..d.,' i\~G;Jper, l...S2553
Stolc:i.of' F:"Y-icc.
Drawn By
ClJd. No.
Ace
( DESCRIPTION OF PHASE
THREEI '
DilLe 3/2/98
SC/.lJc 1 '.-50'
vra!>. No 980065 I
Dwr,. No lO98^-OO6-]
1
980096
C/. Dwg.
2950-086
1. AMEND PHASES
Plotted: 7/10/9(j o:1~:'J
I
I
\
}:J'OP'PT.\' l. [:'jl.'V C::r(,,"'C: '\'~
" '.. J J, "_I ~_.J. , \ -' I !_/ ~ .1 "...l"-' '-' , L G.
CONSUL,TING E'NG1NEENS. SUNVEYORS fIND M,lPPERS
!(JO NOI'lhc~5l IDlll/), Sln'c( / ,^,'orlll Millmi IIL'oell_ n"ridn JJ!G:'
"II. 1i:<i~.H!i~' / rn,\' IJ~J-":~2 ) lShL'cL
2
of
2
....-.........~-...~.................--...,............."".""....,,-,......~...,~.-.~"'."_...-
,
~
~f[ I 82b7nZ009
'0)
l(j
I
POINT OF COMf.l[NCEi.IEN7
liw CORNER o~ Lei 8
BL.OCK ee PLIIT DO'JK _ PG 131
t *~ - ''''1' -'-
-'l/11 \J II t.
N: N 77'1','17" E 533.12' '",
---rt-:--'''J77~1~;::---'62S~-:-: ~
35 11' ~ : I"
I I w
35' II"-- I w
, ;.~. : ~ : C!:: 1.....'?
~ :7 I___m__m__m:mm__m_~~ f --~--m-----7~~;.~m--m
:J => :C'1 : -< '"
Ct: Z I I I W
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I , , : ;: LB3953 (3/:10/98):
I 20 19 1,5 ; 7 '.:' I 15 r, 1 ,\ I i J I ; 2 ; 1.,
I I I I I 1
I BLqCK 78
35' . ."I;L;: ~ET NAL & DI~K
.,5~._.o.., , LB3653'(2/4/98)
I ,1 I
~/.. (1'-"\' I S77"'?'~8"\f,' 16/.0')' S77'1:2'48"W: i3y,I'.1'
~~~'(f~'-;: f-' ::'~ -S-;7~-;4;'~ - - -~~ - ~:>,~ 770.48' i.
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-0 '
N77'12'48"E 890:'40'
SECOND
STREET
GRAPHIC SCALE
'EO T '.' i'
. 12-IDil ~~~':l
m mm t~,~!l';:j"!l" 1
( IN FEST)
1 inch = 50 fl
,
N77.;' '7'E
i 2t,5, 79'
.300.33'
~
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N77'11'17"E 137.41'
SET NAIL & DISK
LB3653 (2/4/98)
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Drllll'IJ By , SURVEY OF PHASE THREEI ~ Dale 1
!~DC ' BOUNDARY 3/2/98
Cod No. -1
980096 i 1 SC.:1.Jc : "=50'
r,ef. DW[J. D LEA \lY, e: I Job No
2950-085 PORnV, '-.J KILES, INC. , , 980065
1. AMEND PHASES COSSULTINC E/IlGINEEF?S. SURVeYORS ;lND '.f/IPPEF?S I In"'R No 1098A-006-.3
i
000 .~'"I't/l,'''~l :1;/)11, Stn.d / Nn'lJI ,(f",,,,, llcllclJ. norid~ :J:JIG:: lShec~ J
}oJollcd' 7!20/D5 C:1.1p I'll C~:J-'I.!9:; / FM' (j!j!-';:[;2 of 2
~~.~-
~~
EXHIBIT 4
~I I 826?rrZO /4
PHASE FOUR
All Of BlocK 53, C ;:.::;~:ion of ?:t,J[ 'II::'"'\':J;:- 1,':-r.>I"I,\h' i'.:.\/,::-\JU") ond 'he is foot wide olley
within soid Bloc~ 5.::" 0:1 per the plo~1""\ ~-f"OC:,\;\:'-'G~/,Ci-f FlA' ;QDITiOI'! 'f\:O. .3, cs recorded
in Plct Sook 2, c: P~ge 81 01 ~ne Pubii:: Re::::'c's cf !,.~icm:-Dode Cou,',ly, F'lorido, being
more pertie'..!lc'-:y de:;cri~ed os fc~low:=;:
Commence at th.,; h,:;....:hwes\ corner of lot :3 of Bloc~ 30. per the scid plot of OCEAN BEACH
FLA, ADDITION NO. ...., :hence N 77'j j '17" ~ e,!cng [~e '\'ortnerly line of said Block 80 ond its
Easterly exte,....,sion ;hereo(, cionr; the \'/es~erl)' e:densio:1 of the Northe...ly line of said Block 78,
along t!1e Northerly line of said Block 78 c.'lC' i:s Eesterly extension thereof, for 670.5.3 feet
to lhe POil'.,Ji 0; ~~G:,\'NII\'G of t~.e he~ei""'c:te'- descrj,::e.:::' po(cel of lend; :hence continue N 77
'11'17" E olong tr;-:; ::csl.erly e:t.(0.'lsic_'l 0; ~~.e r';':::,':r.8r:y 1;::8 of said Bleck 78 and clong the
Westerly extensio.....,::;! tne Nort;-.e~:l' line 0: scic' :;lc;ck :2' ona' along the :\!oriherly line of said
Block 53 ror 321,.. 77 fe~t to t,:-',e Northccst Cor.-,er of sci: BlOCK 53 being to 0 point on the
Westerly right-of-\','cy li,'1e of \VASf-m,'GTO.\' AV~Y'..)'::; thence S 00'01'34" W clang soid Vvesterly
right-of-way line c: ',',''!'SHli;)GTCi'! /,VC:\"Jt: clan; soid So:.;:hecsterly line of soid Block 5.3 for
.374,70 feet (0 the SC:..:~hccst Cc,'ner ot Sieck 53 to C ;)oinl on the N:rUleriy right-oi-wc!,
li......e of FIRST ST:\::t:~ cs ShO"'I,~. :;...... scic' ::::::~ 2::;c~ 2. ;:;oc;~ 51; thence S 77'12'48" W olong
the i"'ort:':o:rly rig!,!.-c:'-"'iCI' lir.e 0: FIKST 57REET C5 sn:)wn on soid Plot 800K 2, Poge Bi and
clang the Southerly ,;ne of soid ::iock 5.3 :nc ;:,5 V/es(erly extension thereof ond along the
Easterly ex(cnsion 0; ::--,c Scutherly ,in-::- c;' soie 3:ock 73 far 2/,.i.67 :ect; thence
h~ 12.<17'12" ,,-/ for 2::S.:?2 fec~ to ~he .80::<- U. 3::C!Ni\IIN:::;.
Con:oinins i03.,;56 S,::u::rc :-eel or 2.J75 /-._Co''2S o'nere or les5.
SURVEYOR'S NOTES:
- This is a "Bounce' SJrv~:;" Oril)' one co-::s no: cc;)ict eny to;1oC;ro.ohy.
Gecrings hereon or-= refer...ec to en aSSl.i~.cd '.':,''.)(; c:' S 77.12',,8" '/.' ;0,- the
Northerly right-or-wcy ,'ir.c of said rl~ST SiR:::::-,' scie Jearing is evic'c,~,cec by
SET 1/2" Pipe & C,:,p. ~aJ6SJ end S~T L';,l.. 6:: OIS;<, L33S53.
- Dimens;Q,'ls sr,o....'n '"';':.'r-::on cr,~ besec' en ~vtin. Lecv/. S;';:lcs, ske:ch k29.5D-086.
- Dimensions indicctec' ,"creon cr.,; fie:d mecs,..:rec :..:sing c ~G\oi station
electronic distance ~~~,eOS'-lrcn-:cnt (EDI'..-:).
css:)!."c~,...isc :"olec.
Elevations NOT s~c,...'r-, ~,ereon.
- Improvements and/:>' cnc:occnmsn,S. C:Jov~crC'..:."lC one/co' unoergro'.Jnc,
ore not shOW,"l unlc:s C~-':(;;r"lis(::' i,~cicc:c:d ).'''.is;5 O:1ly 0 Boundar)' Survey.
S'JRVEYOR'S CE:FHiFICA T:O,'''':
hereby certify ~hc~ t."is "Sounder:.. SUrv'2:,-" ......'" rr'cc:c U.'lGC" my responsi~lc
c~::rge on I/,Qrch 2, ~9S_, end rnec~s PH: :,~i(',i,'i"lur,. TCCi,nicc.:; Slcndcrds os set rorlh
tv !,he Florida BOG,'c c.::'::'o'cfessioncl Sl..'r'/eY0~:: C,'iC ,'.'~oppers in Chapter 61Gi 7-6,
;:xido Administrct:v", Cc:ce, ~ursuor:t :0 Sc:c:t:a."l (.72.027. .ci(::rido Stotutes
",\'o~ velid ,.vilh03-t\li,~ S ;nc:::ure one lile Q(i~>-' r::;:::00
seol or~F o(ide )_i:e('::_~ S~.Jveyor end ~.!O~~t~
, '
FCR/:~AW,,?k!LES, ::~~~/
6,(-Y0.%'~.J:~!_L__':'___________
C :.:OG~ie{i C.;."f~:er(j(i.. re. ihe rirrn
',:-~Syrv~yor <r)ndJ';'C;;;;Er ~S2853
.~~~~.t.~' of rrlc~,i9C.
"','''-c,::'
DrlJwn By ADC
Cae No, g 8009 6
'ef. DW{J.
295D-OB5
1. ..\MEND PH/\SES
PlcllC,,'; 7/20/9[\ (,;14p
( DESCRIPTION OF PHASE FOUR l
j- GFaIN, LEA V)/, SKILES, lNG.
CONSULTING E:NCINEE!?S, SU/lVE)'Or?S 111m ,',{/IPPEf?S
00 N,u\hcnsl lOlJth, Sln'cl I /iorll. .II1~"'i LJ.,,,cll. Fioriu~ :JjjO.?
Ph. C5J-.j./l1J / rta OJl-i'152
DDtc
3/2/98
1 "==60'
SCDlc
)
!
Job No. 980065 I
Dwe NO.l098A-006-1, I
Sheet 2 of 2
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/ POINT 0; COI"(!.i::I~C;:I.I::tH
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FO'c:<O "Ale" DISKS E CON 0
~L..S2094 (2/4/90)
--r:. 7~\."17' [--":;':- ~:::~T>~:-:L l.: DISK- ~~:77'~1'i7''E
Ifr ~ (;7D ::.J' .....,?::-/ "~:.;2::5.; (2/";/98)
0-~-----'."., I
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!
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BOUNDARY SURVEY OF PHASE
-,
100.00'
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Seaii.' 1"=60'
CDcJ. No.
M)C
980095
FormN, L E'A Vl', S J(JWS, liVe.
CONSUL'/'!NC ENC/NEE!?S, SURVEYORS /1/,1,:0 ,\J/lPPERS
J.oo Northaast l6lllll. Slrcet / Nortll Miami Oc"c/J, FloridCl. 33162
Ph. C53-4~!')j / Fax C51-'?152
Dh'S NO.l09BA-00G-4
ct, Dwg.
295D-08G
j,_,~. ,\'{J. ::DOOG::..
1. AMEND PHASES
Plott cd: 7/20/98 6:\(p
, ~_.--,.-_._~.........~-----_._.--------.-
Shed of 2
j;)
c
i![~ I 826Trr20 18
EXHIBIT 5
PHASE FIVE
A portion Block 80, per the ;:,:cl of OCEAh,' BEACH Fi..!\. ADDITION NO. .3, as recorded in Plot
Book 2, al Page 8i of the PL!~lic Records of Miami-Dade County, Florida, being more
particularly described os follows:
Begin at the Northwest corner or Lot 8 of said Block 80; thence N 77'11 '17" E along the
Northerly line of said Block 80 for 1.36.05 feet; thence S 12'47'12" E for 113.0.3 feet; thence
S 77"12'48 Vi for 1.36.00 feel; thence N 12't,g'.:j,3" VI along the Westerly line of said Block 80
for 112,97 feet to the POll\li Qr BECII\INING.
Containing 15,.371 Square Feet 'x 0..353 Acres more or less.
TOGETHER WITH on assignment of ali Developer's rights and/or benefits under thot
certain Easement end lv1aintencncc Agreement doted December 17, 199.3, by and between
the City of Miami Beach, Florida, 0 municipal corporction, it's sucessors one' assigns,
os grantor, the Miami Beach Redevelc;:.mcnt Agency, c public ogency organized and existing
pursuant lo Chapter 163, of Florida Statutes, its successors and assigns; and Cobb Partners
South Beoc!;, Ltd., 0 Florida Limited Partnership, it's successors and assigns,
as Grantee; recorded January 5, 1994, in Official Records Book 16201, at page 3917,
of the Public I":{ecords of Miami-Dade County, Florida
SURVEYOR'S NOTES:
This is 0 "Soundary Survey" enly one! does net depict any topography,
Bearings hereon are referred to on assumed value of S 77'12'48" W for the
Northerly right-of-way line of said FIRST STREET said beoring is evidenced by
SET 1/2" PIPE & CAP, LB3653 and SET NAIL & DISK, LB3653.
Dimensions shown hereon are josed on Fortin, :...eavy, Skiles, sketch 11295D-086.
Dimensions indicated hereon ore rield measured using 0 totol station
electronic distonce measurement (EOM), unless otherwise noted.
Elevations NOT shewn hereon.
Improvements and/or encroachments, aboveground and/or undergrou.nd,
ore not shown unless otherwisS' indicated, Tnis is only 0 Boundary Survey
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Boune'a,'y Survey" wos mode I,.:nder my responsible
charge on ~.10rch 2, 1998. and meets the Ivlinimum Technical Standards as set forth
by the Florida Boord or Professional Surveyors and Moppers in Chapter 61G17-6,
Florida Administrative Code, pursuant to Section 472.027. Florida Statutes.
"Not volid wilho:..:l the signature end the original raised
seal of 0 Florida Licer,sed Survey:)( and Mapper
. \.)" ".. .
FORTjN'.' .LEliVY;--SK;CES, INC.. LB3653
'>:"'(~<"J
' .." q t,/ .-
~-':'~~ ~ "." -:. 0 /
..~ ,. (" , '..,/J /,::>~
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"':'~'~';~~1\E~~-;2ti0:-0~-Th~~-~ - - -- - - - - - --
Sd't:~,~'y'or"orid '~,~cpper, LS285.3
State': bT Florida.
DrlJlVn By AD::
Cad. No. 980096
IRe!, UWlJ. 29SD-01J6
PioHcd; 7/:20/98 5:11,p
(
DESCRIPTION OF PHASE FIVE I
cf:~~ ~ r~ 'E}'~'~.~SVrUR"rc90~~J ~~ ~:f A!I,;~,Ss I
lUG Norlh<'''sl J(jt.Hil. Ci'~...<,l / "'iorlll ~li"mi lieGe),. ."I",'i<1". 3JJG~
PII. 65:1-440J / FlU: C5J-715Z
DiJLc 3/2/98 i
SClJJc : "=50'
Job .1,'0. S80065
NU.1 09SJ~-006-S !
2 of 2 ,I
/
DWl;
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'.
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~[[: I 8267rr20 17
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GRAPHIC SCALE
~o O,~ 50 100 200
mr-m-Vilii-. ~~.. 1,~?::'~G~~~YJ:r~'lr.p..mI~Rm~
LJ!!:1'tl b"11 mI~i~1h':b1 -1rf,'1~r;.\'~~~'WfB I
( IN feeT
1 inch", 50 a.
SET 1/2" PIPE & CAP~
LB3653 (2/4/98)
- - - -
.. N77'11'17"E 513.44'
:q POINT OF BEGINNING ;n
,- NORTHWEST CORNER OF LOT 8 BLOCK 80 N
)-N7T11'17"E 136.05' -' -:----'N77'11'17''[:---234-:1SC
CORNER INN ACCESSIBLE (2/4/98)
;., SET NAIL & DISK 5' OFFSET NORTH
o
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J< · BLOCK 80 - 2/81
'", SET 1 /2" PIPE & CAP
.;;; 7 LB3653 (2/4/98)
;;; FIVE
,
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,
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,
SET 1/2" PIPE & CAP
: LB3653 (2/4/98)
,
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\00.
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,----------------------------------------------
\ ;5' WIDE ALLEY VACATEO PER RES. 93-20737
\-~------------------:------T-----~------r----
\ 0: :;;:
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CDd, No.
ADC
980065
c. WI!.. 1098A-Q05
1, AMEND PHASES
Plotted: 7/20/98 6: \ 4p
-------------------~----~------------------------------
SET NAIL & DISK
LB3653 (2/4/98)
4
5
fBOUNDARY SURVEY OF PHASE FIVEI
FORTIN, LEA \fY, S I<ILES, lNe.
CONSULTING ENGINEERS, SURVEYORS AND MAPPERS
IllO Ncrt/1Cllst 1611th. Strect / North Miami Vcach, F!orjc)a, 33lC2
Ph. 653-0/493/ F"nx (5)-"1J52
Date 3/2/98
Scale 1 "=50'
Job. No. 980055
Dwg. NO.l098A-Q05-5
,Sh('cl.
or 2
OFFICE OF THE CITY ATTORNEY
MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
October 4,2000
Via Facsimile (305) 961-5613
Cliff Schulman, Esq.
Greenberg Traurig
1221 Brickell Avenue
Miami, Florida 33131
Re: The Courts at South Beach / Fourth Extension and Clarification Agreement
(Agreement)
Dear Mr. Schulman:
Pursuant to our discussions, this letter shall confirm our Agreement wherein the effective
date, or "date of approval", of the above-referenced Agreement shall be August 28,2000; that is, the
date of execution of the Agreement by Mayor Neisen Kasdin. To that end, any time lines referenced
in the Agreement which commence to run as of the "date of approval" of the Fourth Extension shall
be deemed to have commenced on August 28, 2000.
Should you have any questions or comments regarding the above, please do not hesitate to
contact me.
RJA \kw
F:\ATTO\AGUR\l..ETTERS\SCHULMAN.4EX
cc:
~o/istina M. Cuervo, Assistant City Manager
cJ'obert Parcher, City Clerk
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139