Easement Agreement with UIA Management LLC
,) 007 - 2 (, Ifq<f
111111111111111111111111111111111111111111111
\
Prepared by and after recording ~lUm 10:
Adam D. Lustig. Esq.
Bilzin Sumberg Bac:na Price & Axelrod LLP
200 South Biscayne Boulevard, Suite 2500
Miami. Florida 33131-S340
CF.N 2007R0379719
OR 8k 25537 Pss 1980 ~ 2003; (24pss)
RECORDED 04/16/2007 11=~9:18
OEED DOC TAX 0.60
SURTAX O.~5
HARVEY RUVIH, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is made as of the ([ M. day of
April, 2007, by and among CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of
the State of Florida (the "City"), VIA MANAGEMENT, LLC, a Delaware limited liability
company ("VIA"), MBEACHI, LLLP, a Delaware limited liability limited partnership,
authorized to transact business in Florida as MBeachl, LLLP, Ltd. ("MBeach 1 ") and
MBEACH3, LLC, a Delaware limited liability company ("MBeach3"). VIA, MBeachl and . .
MBeach3 are each, a "Developer Party" and collectively, the "Developer Parties". The City and
Developer Parties are each, a "Party", and collectively, the "Parties".
RECITALS:
A. MBeachl is the owner of certain land located at 1111 Lincoln Road, Miami
Beach, Florida, and more particularly in the attached Exhibit "A-I" (the "MBeachl Property").
B. MBeach3 is the owner of certain land adjacent to the MBeachl Property, located
at 1665 Alton Road, Miami Beach, Florida, and more particularly described in the attached
Exhibit "A-2" (the "MBeach3 Property", and together with the MBeachl Property, the "1111
Lincoln Road Property").
C. The Design Review Board of the City approved the renovation of the existing
" office building located on the MBeachl Property and the construction of a new two story mixed-
use building on the MBeach3 Property and a new seven story mixed-use parking structure on the
MBeachl Property (collectively, the "1111 Lincoln Project"), pursuant to an Order dated
February 7, 2006, under DRB 'File No. 19018 (the "DRB Order").
D. The Board of Adjustment of the City approved the 1111 Lincoln Project pursuant
to an Order dated March 3, 2006, under File No. 3178 (the "BOA Order").
'MIAMl127S569.57713726901
:Jf
'b
:J. 0(' ~
F. The City and UIA, an affiliate of MBeachl and MBeach3, have entered into a
Development Agreement simultaneously herewith providing for UIA to design and construct a
new pedestrian mall and the closure of Lincoln Road from Lenox Avenue to Alton Road along
with sidewalk and other improvements along Alton Road, Lenox Ave and Lincoln Lane (the
"Lincoln Road Project" ) .
G. In order to facilitate the construction, pursuant to the Development Agreement,
the City agreed to grant to MBeachl and MBeach3 certain easements and/or right-of-way
permits for the construction and future maintenance of both the Lincoln Road Project and 1111
Lincoln Project.
NOW, THEREFORE, in consideration of the premises and the covenants contained
herein, the Parties hereto agree as follows:
1. Recitals. The above and foregoing recitals are true and correct and incorporated
herein by reference thereto.
2. Grant of Easements. The City hereby grants to Developer Parties (a) a temporary
construction right-of-way permit and/or easement and continuing maintenance easements and/or
right-of-way permits along Lincoln Road, Alton Road, Lincoln Lane, Alton Court, and Lenox
Avenue, the dedicated rights-of-way adjacent to the III 1 Lincoln Road Property (each, a "Right-
of- Way" and collectively, the "Rights-of- Way"), for the construction and maintenance
of, without limitation, the architectural overhangs and features over pedestrian portions of the
Rights-of-Way adjacent to the MBeachl Property, as depicted in the attached Exhibit "B-1" and
the MBeach3 Property, as depicted in the attached Exhibit "B-2", including below grade pile
cap encroachments, as depicted in the attached Exhibit "e" (collectively, the 1111 Lincoln
Project Easement Improvements"), and (b) a subsurface utility easement for the installation,
operation, and continuing maintenance of underground utilities to be located in the Rights-of-
Way that are necessary to serve the buildings to be constructed by MBeach 1 on the MBeach 1
Property and by MBeach3 on the MBeach3 Property (collectively, the "Utilities").
Developer Parties, at the request of the City's Public Works Director, shall provide the
City with a survey and/or sketch delineating and marking on the surface of the Rights-of-Way,
the exact location of each underground utility facility, which survey/sketch shall be periodically
updated by Developer Parties in the event of relocation of an existing underground utility facility
and/or placement of a new facility within the subsurface of the Rights-of-Way.
The City specifically reserves the right to allow other utility facilities to be installed
under, across, and within the Rights-of-Way (and to grant additional non-exclusive easements
permitting the installation, operation, and maintenance of same), provided such facilities do not
materially interfere with the Utilities.
3. Maintenance.
(a) (i) In its construction and continuing maintenance of the III 1 Lincoln
Project Easement Improvements, and (ii) in its installation, operation, and continuing
maintenance of the Utilities, Developer Parties shall use best efforts to avoid causing any
2
MIAMI 1275569.57713726901
damage to, or any material interference with, the Rights-of-Way (including, without limitation; .
other improvements within the Rights-of-Way and other utility facilities installed under, across,
or within the Rights-of-Way). .
(b) In making use of the easements for the 1111 Lincoln Project Easement
Improvements and the Utilities, Developer Parties shall:
(i) To the extent feasible, use best efforts to coordinate their
construction, repair and maintenance activities within the Rights-of-Way with the City's
construction, maintenance and operation of public improvements upon the Rights-of-Way and/or.
adjacent property owned by the City;
(ii) Use best efforts to minimize interference with the City, and the
public's, use and enjoyment of the Rights-of-Way and/or adjacent property owned by the City,
together with any improvements constructed thereon;
(iii) After the performance of any work in connection with the (A)
construction and continuing maintenance of the 1111 Lincoln Project Easement Improvements,
and (B) installation, operation, and continuing maintenance of the Utilities, replace and restore,
at Developer Parties' sole cost and expense, the Rights-of-Way and/or improvements disturbed
by such work, to substantially the same condition of such area and/or improvements before the
performance of such work;
(iv) In no event other' than an emergency, repair, replace, remove, or
otherwise take any action at any time within the Rights-of-Way without first providing the City,
through its. Public Works Directpr, with thirty (30) calendar days prior writteri notice, and
without obtaining the prior written consent of the City, which consent may be withheld by the
City, in the City's reasonable discretion; and
(v) At all times, keep the Rights-of-Way free from obstruction of any
kind or nature whatsoever, except as may be required from time to time to effect the
construction, installation, maintenance and/or repair of either the 1111 Lincoln Project Easement
Improvements and/or the Utilities; provided that at all tim~s after the completion of construction
of the 1111 Lincoln Project Easement Improvements, there shall be reasonable access. over the
Rights-of-Way to permit the City, and the public, to utilize and/or enjoy the Rights-of-Way, and
adjacent property thereto owned by the City, and sufficient to permit normal pedestrian traffic
flow.
.4. Dedication and Vacation of Land. MBeach1 hereby agrees, subject to the
Vacation, to dedicate to the City for right-of-way purposes a portion of the 1111 Lincoln Road
Property owned by it, more particularly described in the attached Exhibit "D". In return for
such agreement by MBeach1, the City hereby agrees, subject to and contingent upon Developer
Parties' compliance with the City's Requirements for Vacation of Alleys, Easements arid City
Rights-of-Way, as same may be amended from time to time (including, without limitation, City
Commission approval following a duly noticed public hearing), to :vacate a minor portion of
Lincoln Lane, more particularly described in the attached Exhibit "E" (the "Vacation").
3
MIAMI 1275569.57713726901
5. Nature of Easement. The burdens and benefits of the easements created herein
shall run with the land and shall inure to the benefit of, and be binding upon the Parties and their
respective successors and/or assigns, and all persons claiming under them. Any transferee of a
Developer Party and/or Developer Parties, or its/their successors or assigns, as the case may be,
shall be bound by all terms and conditions of this Agreement. For purposes of a transfer and/or
assignment of this Agreement, a Developer Party and/or Developer Parties shall only be permitted
to assign a Developer Party's and/or Developer Parties' rights hereunder to (and a Developer Party
and/or Developer Parties' successors shall only include) successor owner(s) or mortgage lenders of
the III 1 Lincoln Road Property and/or association(s) designated with the responsibility of
maintenance of the common areas in connection with the development or operation of the 1111
Lincoln Road Property. A Developer Party's and/or Developer Parties' successors and/or assigns
shall not include individual unit owners or individual renters unless such unit owners or renters are
successor owner(s) and/or associations as described above.
6. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida, both substantive and remedial, without regard to
principles of conflict of laws. The exclusive venue for any litigation arising out of this
Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
CITY AND DEVELOPER PARTIES EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY
MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
7. Counterparts. This Agreement may be signed in counterparts with the same force
and effect as if all required signatures were contained in a single, original instrument.
8. Term. The easements, covenants, conditions and restrictions contained in this
Agreement shall be effective commencing on the date of recordation of this Agreement in the
office of the Clerk of Court of Miami-Dade County and shall remain in full force and effect
thereafter in perpetuity, unless this Agreement is modified, amended, canceled or terminated by
the written consent of the Parties.
Notwithstanding the preceding paragraph, the City may terminate this Agreement,
as to the portion of same pertaining to the Utilities, by giving written notice to Developer Parties
stating that the Utilities have been abandoned, if Developer Parties' use of the Utilities ceases, and
the cessation of that use is for a continuous period of one (1) year, in which case Developer Parties
shall deliver to City, within thirty (30) calendar days after receipt of written request, an executed
and acknowledged Release, in form and substance reasonably satisfactory to the City, terminating
that portion of this Agreement pertaining to the Utilities. If Developer Parties fail to timely deliver
an appropriate Release to City, City may place of record in the Official Records of Miami-Dade
County, Florida, an affidavit that abandonment has taken place and such notice has been properly
given. Unless Developer Parties place of record in the Official Records of Miami-Dade County,
Florida, within twenty (20) calendar days thereafter, an affidavit that the Utilities were used within
the prior one (1) year period in question, this Agreement shall be conclusively deemed abandoned
as to the Utilities.
4
MIAMI 1275569.57713726901
9. Relocation of Utilities. Developer Parties shall have the right to relocate the
Utilities, subject to City's prior written consent, which consent may be withheld by City, in
City's reasonable discretion, and, if approved, shall be further subject to the following terms and
conditions:
(a) Such relocation is of such a nature to permit the use and operation of
Developer Parties' facilities at substantially the same level of service as existed before the date
of the relocation;
(b) City and Developer Parties shall have executed and recorded in the
Official Records of Miami-Dade County, Florida, an amendment to this Agreement modifying
the location of the easement granted from the City to Developer for the relocated Utilities; and
(c) Developer Parties agree to pay the costs for the relocation of the Utilities.
(d) Notwithstanding the foregoing, Developer Parties hereby agree to relocate
the Utilities to other locations in the Rights-of-Way at their own expense, if reasonably required
to do so by the Public Works Department of the City as a result of the Utilities materially
interfering with any other utility facilities installed or to be installed by the City under, across or
within the Rights-of-Way. Failure of Developer Parties to timely comply with the Public Works
Department's notice to relocate will result in the City having the right to cause the items to be
relocated and charge Developer Parties for all costs incurred in the removal and relocation of the
Utilities and to record a lien against the 1111 Lincoln Road Property, if such costs are not paid
by Developer Parties prior to the expiration of all applicable notice and cure periods under this
Agreement.
10. Indemnity. Developer Parties hereby indemnify and hold harmless and agree to
defend the City from any and all actions, causes of action, claims, liabilities, demands, losses and
expenses of any kind whatsoever, including, without limitation, reasonable attorneys' fees and
court costs at trial and all appellate levels, which may be filed or made against the City, its
officers, directors, partners, agents, employees, successors and/or assigns, by reason of any
construction, installation, utilization operation, maintenance or repair pursuant to this
Agreement, by Developer Parties, and/or their agents, contractors and/or employees, of either the
1111 Lincoln Project Easement Improvement(s) and/or the Utilities.
11. Remedies and Enforcement: Self-Help. In the event of a breach by either Party of
any of the terms, covenants, restrictions or conditions hereof, the other Party shall provide
written notice of such breach to the defaulting Party. If the defaulting Party fails to cure such
breach within thirty (30) calendar days following written notice thereof by the non-defaulting
Party (unless such breach creates an emergency requiring immediate action, in which case either
Party may take action to correct the problem after such reasonable notice to the other Party as
may be possible under the circumstances, or with respect to any such breach the nature of which
cannot reasonably be cured within such thirty (30)-day calendar period, the defaulting Party
commences such cure within such thirty (30)-day calendar period and thereafter diligently and
continuously prosecutes such cure to completion), the non-defaulting Party shall have the right to
pursue anyone or more of the following remedies: (a) perform such obligation contained in this
5
MIAMI 1275569.57713726901
Agreement on behalf of such defaulting Party and be reimbursed by such defaulting Party upon
demand for the reasonable costs thereof; (b) full and adequate relief by injunction and/or all such
other available legal and equitable remedies from the consequences of such breach, including
payment of any amounts due; (c) specific performance; and/or (d) record a lien against the 1111
Lincoln Road Property. Notwithstanding anything contained herein to the contrary, no breach
hereunder shall entitle any Party to cancel, rescind, or otherwise terminate this Agreement.
12. No Waiver. No waiver of any default of any obligation by any Party hereto shall
be implied from any omission by the other Party to take any action with respect to such default.
13. No Agency. Nothing in this Agreement shall be deemed or construed by either
Party or by any third person to create the relationship of principal and agent or of limited or
general partners or of joint venturers or of any other association between the parties.
14. Severabilitv. Each provision of this Agreement is hereby declared to be
independent of and severable from the remainder of this Agreement. If any provision contained
herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding
shall not affect the validity or enforceability of the remainder of this Agreement. In the event the
validity or enforceability of any provision of this Agreement is held to be dependent upon the
existence of a specific legal description, the parties agree to promptly cause such legal
description to be prepared.
15. Force Maieure Events. Except in the event of any emergency requmng
immediate action, whenever a period of time is herein prescribed for the taking of any action by
either Party, neither Party shall be liable or responsible for, and there shall be excluded from the
computation of such period of time, any delays due to strikes, riots, acts of God, shortages of
labor or materials, war, governmental laws, regulations or restrictions, or any other cause
whatsoever beyond the control of such Party.
16. No Dedication. Neither this Agreement nor Developer Parties' limited rights to
use of the Rights-of-Way, as set forth herein, shall be deemed a dedication, either express or
implied, of all or any portion of the Rights-of-Way to Developer Parties and/or their successors
and assigns.
17. Entire Agreement. This Agreement contains the complete understanding and
agreement of the parties hereto with respect to all matters referred to herein, and all prior
representations, negotiations, and understandings are superseded hereby.
18. Amendment. The Parties agree that the provisions of this Agreement may be
modified or amended, in whole or in part, or terminated, only by the written consent of the City
and Developer Parties, or their respective successors and/or assigns, evidenced by a document
that has been fully executed and acknowledged by the City and Developer Parties, and or their
respective successors and/or assigns and recorded in the Official Records of Miami-Dade
County, Florida. The Parties agree that they shall not unreasonably withhold completion or
delay their written consent and approval of any amendment to this Agreement which is for the
purpose of complying with any applicable law or necessary for the development of the Lincoln
Road Project or 1111 Lincoln Project but only to the extent that such amendment to this
Agreement does not adversely affect, limit or modify the covenants and restrictions contained in
this Agreement.
19. Attorneys' Fees. In the event any Party institutes any legal action or proceeding
for the enforcement of any right or obligation herein contained, the prevailing Party after a final
adjudication shall be entitled to recover its costs and reasonable attorneys' fees incurred in the
preparation and prosecution of such action or proceeding, at trial and at all appellate levels.
20. Notices. Whenever either party desires to give notice unto the other, it must be
given by written notice, (a) sent by certified United States mail, with return receipt requested, (b)
by personal delivery with a signed receipt, (c) by recognized national overnight courier service
or (d) by facsimile, in any case, addressed to the party for whom it is intended, at the place last
specified; and the place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph. Notices given by an attorney
for the City or Developer shall be deemed effective notices. For the present, the parties designate
the following as the respective places for giving of notice, to wit:
FOR CITY:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
Fax: (305) 673-7782
With a copy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attorney
Fax: (305) 673-7002
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Fred Beckmann, Public Works Director
Fax: (305) 673-7028
FOR DEVELOPER PARTIES:
c/o UIA Management, LLC
1111 Lincoln Road, Suite 760
Miami Beach, Florida 33139
Attn: Robert S. Wennett
Fax: (305) 531-4409
7
MIAMI 1275569.57713726901
With a copy to:
Bilzin Sumberg Baena Price & Axelrod LLP
200 South Biscayne Blvd., Suite 2500
Miami, Florida 33131
Attn: John C. Sumberg, Esq.
Fax: (305) 351-2201
21. Estoppel Certificates. Either Party hereto, within ten (10) business days of its
receipt of a written request from the other Party shall from time to time provide the requesting
Owner with a written estoppel certificate duly executed stating:
(a) to the best of such Party's knowledge, whether the other Party is in default
or violation of this Agreement and setting forth with specificity the default or violation; and
(b) that this Agreement is in full force and effect and identifying any
amendments to the Agreement as of the date of such certificate. .
22. Further Assurances. From time to time, at the request of either Party and without
further consideration, either Party shall execute and deliver any further instruments and take such
other actions as the other Party may reasonably require to accomplish the purposes of this
Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
8
MIAMI 1275569.5 7713726901
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first set forth above.
WITNESSES:
BACH, FLORIDA,
o tion of the State of Florida
CITY:
c~{,,;~~~~
Sign
0'J;'a /n tR. Wa!-f:~~
Print Name
~1~le 11~
Sign
F(Q.t\ff\Nl)C\ (i' I, \1 f\
Print Name
Dermer
. e: Mayor
:~J_Pw~
Name: Ro ert Parcher
Title: City Clerk
STATE OF FLORIDA
)
)ss:
)
COUNTY OF MIAMI-DADE
tJ ,The foregoing instrument was acknowledged before me this / J Ii-, day of
,'1'1),,-/ ,2007, by David Dermer, as Mayor, and Robert Parcher, as City' Clerk, of the City
0F MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf of
such municipal corporation. They are personally known to me or produced valid Florida driver's
licenses as identification.
......~.....", LILLIAN BEAUCHAMP
I'?: ~~ MY COMMISSION # DO 530416
: . . EXPIRES: April 29. 2010
BcndId 'llIru Notary PullIlC UndelY/rit8fS
My commission expires:
MIAMI 1275569.57713726901
APPROVED AS TO
FORM & LANGUAGE
& FOR CUTION
~~~JPI
(t ate
WITNESSES:
DEVELOPER PARTIES:
UIA MANAGEMENT, LLC, a Delaware
limited liability company
By: Urban Investments Advisors, LLC, a
Delaware limited liability company, its
Managing Member
By: Wellspring Investments Management
I, LLC, a Delaware limited liability
company, its Managing Member
~.f&#r;(~L/'
-
Sign
t/f7f'J/!l:/1f C)5:j/Z Ii)
Print Name
s.aeG
Ign
~ O.IA~
Print Name v
- ~ '\.. --::..
By:
Name: Robert S. Wennett
Title: Managing Member
-~
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this Z#day of I-It reI-, ,
2007, by Robert S. Wennett, the Managing Member of Wellspring Investments Management I,
LLC, a Delaware limited liability company, the Managing Member ofUIA Management, LLC, a
Delaware limited liability company, on behalf of such limited liability companies. He is
personally known to me or produce~ valid Florida driver's licenses as identification.
~~~/l/ (Me
NotaryPublic, State of Florida
My commission expires:
MIAMI 1275569_5 7713726901
WITNESSES:
MBEACHl, LLLP, a Delaware limited liability
limited partnership, authorized to transact business
in Florida as MBEACHl, LLLP, LTD.
By: MBEACHl GP, LLC, a Delaware limited
liability company, its General Partner
By: Urban Investments Advisors, LLC,
a Delaware limited .liability
company, its Sole Member
Sign~yQX~ at),
Print Name: fj(?:I9~?,~7j.1 tfjjt! 17"1
Sign: ~
PrintName:~ f), l~j
By: Wellspring Investments
Management I, LLC, a
Delaware limited liability
company, its Managing
Member
~~~~.. ~~~
Name: Robert S. Wennett
Title: Managing Member
,"'i-.-:;"~'fP"'.. EUZABETH OSORIA
[.~"b.'Ptf>: MY COMMIS. SION # DD 648576
~.~-i!j EXPIRES April 19. 2011
"""~Rf.:n-~'" Bonded Thru Plchard Insurance Agenc~
My commission expires:
MIAMI 1275569.57713726901
WITNESSES:
MBEACH3, LLC, a Delaware limited liability
company
Sign:CMf'l-<~~J afi-,
-
By: 1665 ALTON ROAD CORP., a Delaware
corporation, its Sole Member
/"~
Print Name: I:..ft?4tZt7f/ cXY<.'tn
Sign: V46
Print Name: ~~ 0 ~
~ ------==
~_....~ ~'---.....'-
By:
Name: Robert S. Wennett
Title: Managing Member
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 7tiA day of 1-6 n<?7 ,
2007, by Robert S. Wennett, the Managing Member of 1665 Alton Road Corp., a Delaware
corporation, the Sole Member of MBeach3, LLC, a Delaware limited liability company, on
behalf of such corporation and limited liability company. He is personally known to me or
produced valid Florida driver's licenses as identification.
f/27~d' ~_~
Ck~$. - ->Q/7L_..P{:fz>
Notary Public, State of Florida
....."", EUZABETH OSORi~.
/"i:'-t-~MY.~?:, MY COMMISSION # DO 648576
~*\ . .:,~ EXPIRES Aprii 19.2011
~;:'i1;:.. <i':~/ Bonded 11"Iru Pichard Insurance Agene)'
~" ~
My commission expires:
MIAMI 1275569.57713726901
EXHIBIT "A-I"
LEGAL DESCRIPTION OF MBEACHl PROPERTY
Lots 1, 2, 3, 4, 5 and 6, Block 39, COMMERCIAL SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 6, Page 5 of the Public Records of Miami-Dade County,
Florida, and
Lots 7 and 8, Block 39, PALM VIEW SUBDIVISION, according to the Plat thereof, as recorded
in Plat Book 6, Page 29 of the Public Records of Dade County, Florida, and
MIAMI 1275569.5 7713726901
EXHIBIT "A-2"
LEGAL DESCRIPTION OF MBEACH3 PROPERTY
Lots 19 and 20, Block 39, COMMERCIAL SUBDIVISION, FIRST ADDITION, according to
the Plat thereof, as recorded in Plat Book 6, Page 30 of the Public Records of Dade County,
Florida.
MIAMI 1275569.57713726901
EXHIBIT "B"
SKETCH OF ARCHITECTURAL OVERHANGS
AND FEATURES OVER RIGHTS-OF-WAY
MIAMI 1275569.57713726901
I
------
I
z
n
o
...
z
o
, ~
.t
/'
I
I
I
I
I
I
I
I
I
__ I
r-,
III
~It
,.
t:
II
....
t
~",
A L TON
R 0 A 0
\
....
r'-"
-+J
~
T -
/
I
I
Iml
~il
I-
I:
I
I
I
I
1
I
I
I
I
I
I
~
III :
'iI I
.,. I
Iii I
l; I
e 1
I....
i j ,
,
- f - - - - - - - - - - - - - - - -- - - - T[ N OX . AY ENU E -- - - - - - - - - . -
G
" PERMIT
~~ ",'" ! I II
_c II
.m
....
~e =:z:
;1:1::; II II
.... - en
,
r-
-,
i!HI
1'- . ~
~,j I
,- .
f
.Zyscovich
1111
LINCOLN ROAD
CARPARK AND EXISTING OFFICE BUILDING
...____ ,..._ _ '" DO"
::::~~,'''_J"..v, __
1"1 llNCOlNAOoIO. MWr.lleEACH,Fl
il! ~!
Wli
'ill~
lis
I il
.
z!t I~
~lhj
OJ. el
h~ ill
~Il~~ i'li; iHl;
,Ill i iJ g ~ m!
j.~lii d- iij iW:
511::1. ~i KQ ti;!'
I I fi ; I i~. ~
EXHIBIT "C"
SKETCH OF PILE CAP ENCROACHMENTS
MIAMI 1275569.57713726901
~ PERMIT SET
~
.,
.,
,.
"
~
~
.
...
r-
1111
LINCOLN ROAD
CARPARK AND WEST WAU OF
EXlSnNG OFFICE BUILDING
,,L~ Zyscovich
"..___ :...._ _,,_ en,>>
::*~~,"":lIIU":~""'_-
1111L.H:::OLHAOA.O.~IJGI04.Fl
~I~ii :j~d Ulli~ !II;~ ~JlI~ ing
~iili~ d~le Jt.ll -hU iJH~ iin~
~~ ! :~n~ ;~.h h~~a !h~ ~il~
i ~ I ~ tl~ ~ 1,5 ii I- l-a~5
I a PI"
EXHIBIT "D"
LEGAL DESCRIPTION AND SKETCH OF PROPERTY DEDICATED TO CITY
MIAMI 1275569.5 7713726901
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER
~ 3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : LB # 6448
PHONE (954) 680-9885 FAX (954) 680-0213
5085-04 )
CLIENT :
MBEACH I, LLLP
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION :
A PORTION OF LOT 7, BLOCK 39, "PALt.4 VIEW SUBDIVISION", ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, AT PAGE 29 OF THE
PUBLIC RECORDS OF t.4IAt.4I/DADE COUNTY, FLORIDA, BEING t.40RE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 7;
THENCE SOUTH 00'48'26" EAST ALONG THE WEST LINE OF SAID LOT 7, A
DISTANCE OF 22.02 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHEAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS
OF 8.00 FEET, A CENTRAL ANGLE OF 90'02'39" AND AN ARC DISTANCE OF
12.57 FEET;
THENCE NORTH 89'08'55" EAST ALONG THE SOUTH LINE OF SAID LOT 7, A
DISTANCE OF 22.02 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO
THE NORTHEAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS
OF 30.00 FEET, A CENTRAL ANGLE OF 90'02'39" AND AN ARC DISTANCE OF
47.15 FEET TO THE POINT OF BEGINNING.
SAID LAND SITUATE, LYING AND BEING IN THE CITY OF t.4IAt.41 BEACH,
t.4IAt.4I/DADE COUNTY, FLORIDA; CONTAINING 180 SQUARE FEET, t.40RE OR
LESS.
!!Qill.;
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED. THE SOUTH LINE OF LOT 7, BLOCK 39
"PALM VIEW SUBDIVISION", P.B. 6, PG. 29, M/D.C.R. SAID LINE BEARS N89'08'SS"E.
I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH"
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF
AS PREPARED UNDER MY DIRECTION IN MARCH, 2007. . I FURTHER CERTIFY THAT THIS
"LAND DESCRIPTION AND SKETCH" MEETS THE MINIMUM TECHNICAL STANDARDS
FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 61G17 OF
THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA
STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
FOR THE FIRM, BY: ------------------------------------
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4188
REVISIONS DATE FS/PG OWN CKO
LAND DESCRIPTION '" SKETCH 03/06/07 ----- AV REC LAND DESCRIPTION
&. SKETCH
FOR PARCEL TO
CITY OF
MIAMI BEACH
PROPERTY ADDRESS :
1111 LINCOLN ROAD
(SCALE: NI A )
( SHEET 1 OF 2 )
COUSINS SURVEYORS & ASSOCIATES, INC. e PROJECT NUMBER : 5085-04 )
$ 3921 SW 47TH AVENUE, SUITE 1011 CLIENT : I
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : LB # 6448 MBEACH1, LLLP
PHONE (954) 680-9885 FAX (954) 680-0213
LAND DESCRIPTION AND SKETCH
$
LEGEND:
CKD CHECKED BY
OWN DRAWN BY
FB/PG fiELD BOOK AND PAGE
POB POINT OF BEGINNING
POC POINT OF COIotIotENCEIotENT.
P.B. PLAT BOOK
Iot/D.C.R. IotIAIII/DADE COUNTY RECORDS
A ARC DISTANCE
R RADIUS
Ii CENTRAL ANGLE
co
I-
'0
...J
>-
W
.-J
.-J
<t:
w
z
:J
LOT 8
BLOCK 39
..
o
N
l-
V)
W
~ POB
r NORTHWEST CORNER
LOT 7, BLOCK 39
P.B. 6, PG. 29, M/D.C.R.
~ . SOUTH UNE
NORTH UNE
- LOT 8
- LOT 7
r-.
W I-
~
~ 0
~ <.0 ...J
NN
O~
'00 w
N~ z
No :J
0 I-
0 V)
w
U1 ~
R=30.00'
6 = 9 00 0 2 ' 39"
A=47.15'
LOT 7
BLOCK 39
180 sa FT.
R=8.00'
6 =90002'39"
A= 12.57'
SOUTH UNE - LOT 7
N89008'55"E
22.02 '
20' ALLEY
REVISIONS
LAND DESCRIPTION " SKETCH
DATE FB PG OWN CKO PROPERTY ADDRESS :
03/06/07 AV REC LAND DESCRIPTION 1111 LINCOLN ROAD
Be SKETCH ( SCALE: 1"= 10' )
FOR PARCEL TO
CITY OF
MIAMI BEACH ( SHEET 2 OF 2 )
EXHIBIT "E"
LEGAL DESCRIPTION AND SKETCH OF PROPERTY TO BE VACATED BY CITY
MIAMI 1275569.57713726901
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER: 5085-04 )
~ 3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : LB # 6448
PHONE (954) 680-9885 FAX (954) 680-0213
CLIENT :
MBEACH 1, LLLP
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION :
A PORTION Of THE ALLEY LYING ADJACENT TO LOT 20, BLOCK 39,
"COMMERCIAL SUBDIVISION, fiRST ADDITIONn, ACCORDING TO THE PLAT
THEREOf, AS RECORDED IN PLAT BOOK 6, AT PAGE 30 Of THE PUBLIC
RECORDS Of MIAMI/DADE COUNTY, fLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 20;
THENCE SOUTH 00'48'26" EAST ALONG THE EAST LINE OF SAID LOT 20, A
DISTANCE Of 22.01 FEET TO THE POINT Of BEGINNING;
THENCE CONTINUE SOUTH 00'48'26" EAST ON THE SOUTHERLY EXTENSION Of
SAID LOT 20, A DISTANCE Of 7.99 FEET;
THENCE SOUTH 89'08'55" WEST ALONG THE EASTERLY EXTENSION Of SAID
LOT 20, A DISTANCE Of 7.99 FEET TO A POINT ON A TANGENT CURVE;
CONCAVE TO THE NORTHWEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS
Of 8.00 fEET. A CENTRAL ANGLE Of 89'57'21" AND AN ARC DISTANCE Of
12.56 fEET TO THE POINT OF BEGINNING.
SAID LAND SITUATE, LYING AND BEING IN THE CITY Of MIAMI BEACH,
MIAMI/DADE COUNTY, fLORIDA; CONTAINING 14 SQUARE FEET, MORE OR LESS.
!iQIES;
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL Of A FLORIDA
LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-Of-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS Of .RECORD.
3. OAT A SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
S. BEARINGS SHOWN HEREON ARE ASSUMED. THE SOUTH LINE Of LOT 20, BLOCK 39
"COMMERCIAL SUBDIVISION, fiRST ADDITION', P.B. 6, PG. 30, IA/D.C.R.
SAID LINE BEARS S89'08'SS'W.
I HEREBY CERTIFY THAT THE ATTACHED 'LAND DESCRIPTION AND SKETCH'
IS TRUE AND CORRECT TO THE BEST Of lAY KNOWLEDGE AND BELIEf
AS PREPARED UNDER MY DIRECTION IN MARCH, 2007. I fURTHER CERTIFY THAT THIS
"LAND DESCRIPTION AND SKETCH' IAEETS THE MINIMUM TECHNICAL STANDARDS
fOR SURVEYING IN THE STATE Of fLORIDA ACCORDING TO CHAPTER 61G17 Of
THE fLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, fLORIDA
STATUTES. SUBJECT TO THE OUALlflCATIONS NOTED HEREON.
fOR THE FIRM, BY: ------------------------------------
RICHARD Eo COUSINS
PROfESSIONAL SURVEYOR AND MAPPER
fLORIDA REGISTRATION NO. 4188
REVISIONS DATE FB/PG OWN eKD
LAND DESCRIPTION Ie SKETCH 03/06/07 ----- AV REC LAND DESCRIPTION
I!c SKETCH
FOR PARCEL FROM
CITY OF
MIAMI BEACH
PROPERTY ADDRESS. :
1111 LINCOLN ROAD
(SCALE: N/ A )
( SHEET 1 or 2 )
COUSINS
~
$
(PROJECT NUMBER : 5085-04 )
CLIENT :
SURVEYORS & ASSOCIATES, INC.
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : LB # 6448
PHONE (954) 680-9885 FAX (954) 680-0213
LAND DESCRIPTION AND SKETCH
MBEACH1, LLLP
LEGEND:
CKD
OWN
FB/PG
P08
poc
P.B.
"'/D.C.R.
A
R
6
LOT 19
BLOCK 39
pac
NORTHEAST CORNER , ~
LOT 20, BLOCK 39 ". i:5
P.B. 6, PG. 30, M/D.C.R. ,~,
SOUTH LINE - LOT 19
NORTH LINE - LOT 20
"
LOT 20
BLOCK 39
R=8,OO' POB I
6=89057'21 "
A= 12.56'
SOUTH LINE - LOT 20
REVISIONS
LAND DESCRIPTION at SKETCH
AREA= 14 SQ,FT.
S89008'55"W
7.99'
20' ALLEY
DATE FB PG OWN CKO
03/06/07 AV REC
LAND DESCRIPTION
& SKETCH
FOR PARCEL FROM
CITY OF
MIAMI BEACH
en
I-
o
-l
I.JJ
Z
:J
o
N
I- I.JJ
9 =10
I .!"'I';....
QJO
I.JJ -t N
Z oN
:J ~
l-
V)
<I:
I.JJ
CHECKED BY
oR...WN BY
FIELD BOOK AHD P...GE
POINT OF BEGINNING
POINT Of CO......ENCE...ENT
PLAT BOOK
...I......I/D...DE COUNTY RECORDS
...RC DIST "'NCE
RADIUS
CENTR...L "'NGLE
>-
W
--.J
--.J
<{
o
N
w
~
~
<.0
N~
~ 0')
000')
~.
of"-
a
a
(/)
PROPERTY ADDRESS :
1111 LINCOLN ROAD
(SCALE: 1"= 10' )
( SHEET 2 OF 2 )