93-20801 RESO
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RESOLUTION NO.
93-20801
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT ENTITLED THE "LINCOLN
ROAD STREET END AGREEMENT," BETWEEN THE CITY
OF MIAMI BEACH AND CRESCENT HEIGHTS XXX, INC.,
A FLORIDA CORPORATION, AND DILlDO BEACH HOTEL
CORPORATION, A FLORIDA CORPORATION.
WHEREAS, the City of Miami Beach is the owner of a right-of-
way Easement for the Street End east of Collins Avenue at Lincoln
Road as recorded in Plat Book 2, Page 77, of the Public Records of
Dade County, Florida; and
WHEREAS, said Street End does not have public access to the
beach; and
WHEREAS, Crescent Heights XXX and Dilido Beach Hotel
Corporation ("Owner"), are the respective owners of the properties
abutting the above Street End to the north, south and east; and
WHEREAS, Owner and the city have determined that it is in the
best interest of the public and the citizens of the city of Miami
Beach that the street End and Easement Parcel, as defined in the
attached Agreement and Exhibits thereto, be improved and that
pUblic access be made available from the Street End to the beach
and Atlantic Ocean; and
WHEREAS, the Owner and the city are desirous of establishing
and implementing a development plan to improve the Street End and
Easement Parcel and to provide a pedestrian easement for the
pUblic, said easement to provide access for the general public from
the street End to the beach; and
WHEREAS, the Owner wishes to dedicate to the City and the city
wishes to accept from Owner, a public access easement for the
Lincoln Road Street End to the beach; and
WHEREAS, in consideration of the dedication of the Permanent
Easement as referenced by the attached Grant of Permanent Easement
(Exhibit A to the Agreement), the City wishes to make certain
improvements to the Street End and Easement Parcel.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that: the Mayor and
City Clerk are hereby authorized to execute the attached Agreement
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entitled the "Lincoln Road street End Agreement", as well as all
Exhibits thereto, between the City of Miami Beach and Crescent
Heights XXX, Inc., and Dilido Beach Hotel Corporation.
PASSED and ADOPTED this 19th
1993.
ATTEST:
'lGcL.~ 2. ~~
CITY CLERK
jm:a:rja\lincroad.res
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 113-1010
FAX: (3051 113-1112
COMMISSION MEMORANDUM NO. ~ fY~
TO:
Mayor Seymour Gelber and
Members d the CIty Commission
DATE: May 19, 1993
FROM:
SUBJECT:
USOLUTIOH AUTJIORIIIHG TBB KAYOR 'fO BIl'1'BR 111'1'0 U
AGUJUlBIIT .Ift CUSCBIIT DIGHTS UZ IHC. 'fO IJlPLBJIBIIT TBB
DBVBLOPJlBIIT O. TBB LllfCOLlf ROAD S'l'lUIBor BIID
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the city commission authorize
the Mayor to enter into an aqreement with Crescent Heiqhts XXX,
Inc. to implement the development of the Lincoln Road street end.
BACKGROUND:
The Lincoln Road street end is the only street end on Miami Beach
where there is no ocean access. The city's lonq-term objective has
been to improve its street ends. The recent acquisition of 100
Lincoln Road by Crescent Heiqhts XXX, Inc. creates an opportunity
to beautify the street and to provide an openinq to the ocean.
ANALYSIS:
The basic business terms are as follows.
, The developers will qrant a 20-foot wide easement parcel with
five foot set back on each side to the city from the present
street end of Lincoln Road to the beach. The purposes of the
easement will be for pedestrians' access, emergency vehicles'
access, and utilities and liqhtinq. The value of this parcel
is estimated to be $150,000, which will be supported with an
appraisal.
. The City will, in exchanqe, cause the improv_ent of the
street end to occur at a cost not to exceed $450,000. If the
easement is worth less than $150,000, based on the appraisal,
the developer will put the difference in cost, not to exceed
$50,000, into the construction fund.
, The aqreement does not preclude the city from assessinq
adjacent buildings for maintenance, repairs and marketinq of
the entire Lincoln Road project. The adjacent buildinqs will
not be assessed for initial capital costs of the balance of
the Lincoln Road project.
. The street construction project will commence within six
months of signing this agreement and take six months to
complete.
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AGENDA
ITEM
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DATE~
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, The construction project includes lighting, landscaping,
irrigation, sidewalks, signage and street furniture, vehicular
turnaround at the street end, improvements to the easement
area itself.
, Benjamin Thompson Associates (BTA), the Lincoln Road
consulting team, will design the be retained to do the street
end design work.
SOURCE OF FUNDS:
The funding for this project will come froll Resort Tax revenues and
other sources.
CONCWSION
It is reeolDDlended that the city cOlDDlission authorize the Mayor to
execute said agreement.
RMC:jph
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LINCOLN ROAD STREET END AGREEMENT
THIS AGREEMENT is fflde and entered into this 14th day of
March 199? b.~a'and between the CITY OF MIAMI BEACH,
FLORIDA, a municipal corporation (hereinafter referred to as the
"city"), and CRESCENT HEIGHTS XXX, INC., a Florida corporation, and
DILIDO BEACH HOTEL CORPORATION, a Florida corporation, (hereinafter
collectively referred to as "Owner").
RECITALS
A. Whereas, the city is the owner of a right-of-way easement
for the Street End east of Collins Avenue along Lincoln Road and as
recorded in Plat Book 2, Page 77, of the Public Records of Dade
county, Florida: which Street End does not have public access to
the beach: and
B. Whereas, the Owner is the fee simple owner of the
property abutting the above Street End to the north, south and east
(the "Abutting Properties") and which is legally described as set
forth in Exhibit "A" attached hereto.
C. Whereas, Owner and the city have determined that it is in
the best interest of the public and the citizens of the city of
Miami Beach that the "Street End" as defined herein and Easement
Parcel be improved and that access to the public be made available
from the Street End to the beach and Atlantic Ocean. The Owner and
the City are desirous of establishing and implementing a
development plan to improve the street End and Easement Parcel and
to provide a pedestrian easement to the public, said easement
providing access for the general public from the street End to the
beach: and
D. Whereas, the Owner wishes to dedicate to City and City
wishes to accept from owner, a public access easement from the
Lincoln Road street End to the beach;
E. Whereas, in consideration of the dedication of the
easement, the city wishes to make certain improvements to the
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street End and Easement Parcel.
F. Whereas, the Owner warrants that to the best of its
knowledge it has free and clear title to the Easement Parcel and
shall at the City's request and expense, provide the City with a
title insurance policy referencing same.
NOW, THEREFORE, in consideration of the foregoing, which
recitals are specifically incorporated into this Agreement, and in
consideration of the mutual covenants herein contained, and for
other good and valuable considerations, the receipt and sufficiency
of which are hereby acknowledged by each of the parties hereto, it
is agreed as follows:
1. TITLE OF AGREEMENT. This Agreement shall be known as,
and may be cited as, the "Lincoln Road street End Agreement."
2. DEFINITIONS OF TERMS. As used in this Agreement, the
fOllowing words and terms shall have the following meanings, unless
another meaning is plainly intended.
a. city means the city of Miami Beach, Florida.
b. city commission means the city commission of the
city of Miami Beach, Florida, the governing body of the
city.
c. citv Manaqer means the City Manager of the City of
Miami Beach, Florida.
d. Easement Parcel means the twenty foot (20') wide
right-of-way at the approximate elevation of the lobby
garage on the southerly Abutting Property, with Owner
reserving all subsurface rights, (inclUding the right to
construct and operate structured parking under the
Easement Parcel, but Developer shall pay all costs of the
concrete structure for the subsurface parking - including
the concrete deck for the Easement) with point of
beginning at the easterly most point of the street End
and continuing in an easterly direction to the easterly
most point of the Owner's property: and as more fully
described in the attached Exhibit "A".
e. Abuttinq Properties means the properties owned by
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the Owner adjacent to and abutting the Street End and
Easement Parcel.
f. Project' means the development and improvements
undertaken by the city upon the Street End and Easement
Parcel.
g. Street End means that portion of Lincoln Road
commencing at Collins Avenue and running easterly to the
point of the existing cul-de-sac and is adjacent to and
north and south of the property lines of the Owner.
h. Notice of Default means a written notice to a party
that it is in default of its obligations under this
Agreement and that such default must be remedied as
required hereunder, and within applicable time periods.
1. Notice of Intention to Terminate means a written
notice to a party that a default has not been cured as
required under this Agreement.
j. Budget means the anticipated budget or summary of
costs of the design, construction, and development of the
Project.
3. APPLICATION AND SCOPE OF AGREEMENT. It is the intention
of the City and the Owner that this Agreement shall govern the
rights, duties, privileges and obligations of the owner, and the
city, and their successors in interest and assigns, with respect to
various aspects of the development of the Project, and the benefits
and burdens hereof shall bind and inure to the parties hereto, and
to their successors in interest.
4. ASSIGNMENT OF RIGHTS. Owner shall not have the right to
sell, assign, transfer or otherwise convey its interests under this
Agreement, either in whole or in part, without the prior written
consent of the city, which consent shall not be unreasonably
withheld or delayed, but which will allow City to determine whether
a prospective assignee is a financially capable successor, as
determined by such documents and business and financial records
which city may reasonably request from Owner or from such a
prospective assignee. Notwithstanding anything herein above
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stated, Owner Crescent Heights XXX shall be entitled to assign its
rights and obligations under this Agreement one time only to the
Decoplage Condominium Association, Inc,
5. DEDICATION OF EASEMENT. The Owner agrees to dedicate the
Easement Parcel pursuant to the following terms:
a. Owner shall execute and deliver to city, the Grant
of Permanent Easement, attached hereto as Exhibit "B",
and the Restrictive Covenant, attached hereto as Exhibit
"C", and city shall accept same, at the same time that
City approves a construction contract for the
improvements to the street End and the Easement Parcel,
provided such construction contract is entered into after
the Easement Parcel is valued pursuant to Section 7 and
within one hundred twenty (120) days from the date of
execution of this Agreement.
b. It is further understood that this Agreement is
approved on the representation by the Owner that to the
best of its knowledge, city has no present rights to the
Easement ParceL However, the City may at its discretion
conduct its own title search to determine same and may
further require Owner to provide it with a title
insurance policy satisfactory to the City, but said
policy to be at the city's sole cost and expense.
c. At any time within one hundred twenty (120) days
prior to the execution of the Grant of Permanent Easement
by Owner and acceptance of same by City, either Owner may
terminate this Agreement by written notice to the City.
In the event of such termination, Owner shall reimburse
City for the cost of the appraisal of the Easement
Parcel, pursuant to Paragraph 7.
d. city and Owner agree that Owner has reserved certain
rights within the Grant of Permanent Easement, as set
forth in Exhibit "B" attached hereto and made a part of
this Agreement, including the right to construct a
pedestrian crossover and structured parking facilities on
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the Easement Parcel.
In the event of the design and construction of the
aforestated structures, and as more fully described in
Exhibits "B" and "C" to this Agreement, Owner agrees that
the plans "for same shall be in conformity with all
applicable state, county and local laws and regulations
and subject to all applicable design and zoning approvals
by the city in the normal course of its Plan Approval
Process inclUding, but not limited to, the application by
Owner to the Board of Adjustment for a variance to
develop and construct the proposed structures described
above.
6. CITY RESPONSIBLE FOR DESIGN AND CONSTRUCTION. Subject to
the Owner approvals as set forth herein, City shall be responsible
for entering into all contracts necessary for design and
construction of the Project, the cost for which shall not exceed
$450,000 (Four Hundred Fifty Thousand and 00/100 Dollars). A
budget will be established with a fifteen percent (15%)
contingency. If the construction cost estimates and/or bids for
the construction exceed the budgeted amount, elements will be
deleted to bring the Project in budget with the Owner and/or the
City having the right at their sole discretion and expense to fund
any deleted elements.
7. VALUATION OF EASEMENT. For the purpose of this
Agreement, the parties herein agree to establish the value of the
Easement at one hundred fifty thousand dollars ($150,000). The
parties further agree that they shall solicit independent
appraisal, by a mutually agreed upon appraiser; of the Easement
parcel, the cost of said appraisal to be paid for by the City prior
to the commencement of the appraisal work,
In the event the appraisal is less than $150,000.00 then the
Owner shall have the right to either terminate this Agreement
within thirty (30) days of receipt of the appraisals, or agree to
contribute to the cost of development of the Project the sum equal
to the difference between the $150,000 Easement value and the
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appraisal amount up to $50,000.00.
8. PROJECT CONCEPT. The designs, drawings and plans for
the development of the Project shall be prepared by the
architectural firm of Benjamin Thompson & Associates (BTA), the
architects for the Lincoln Road Revitalization Program. The Owner
shall have the right to prior approval of schematic design plans,
design development plans and construction plans, as defined by and
provided for in paragraph 9 of this Agreement. The parties
acknowledge that the final design shall reflect the overall design
theme of the Lincoln Road Revitalization project for which BTA has
been retained. The parties further agree that during the
architectural design stage, the Lincoln Road Task Force shall be
consulted as to the design of the Project.
Said designs, drawings and plans for the development of the
Project shall provide for or contain certain minimum requirements
as follows:
a. Not less than fifty percent (50%) of existing
parking meters (currently located on Street End) shall
remain;
b. Ingress and egress (driveways) to the Abutting
Properties be applicable and conducive to the existing
buildings;
c. Appropriate vehicular turn around at east end of
Street End;
d. Lighting;
e. I.andscaping;
f. Irrigation for landscaping;
g. Sidewalk;
h. Drainage;
1. Signage;
j. street furniture;
k. Improvements to the Easement Parcel, including
lighting, sidewalk and other amenities.
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9. CONSTRUCTION/PI.AN APPROVAL.
a. All designs, drawings and plans necessary for city
to bid the construction of the Project shall be prepared
by BTA.
b. The Owner shall hav the right to prior approval of
the schematic design pla s, design development plans and
construction plans for he project. Owner's approval
shall not be unreasonab y withheld or delayed. Failure
of Owner to respond with n 15 days of receipt of written
notice and plans by Own r shall be deemed approval.
c. The city will the construction documents in
conformance with the ci y's procurement guidelines for
construction 'projects 0 similar scale.
10. OF CONSTRU TIO. Within 30 days after award
of the construction contract the c'ty shall cause the contractor to
commence construction of the proje t in substantial accordance with
the approved construction plans. otwithstanding other portions of
the Agreement relating to the cit 's performance, city agrees that
it will SUbstantially complete c nstruction on the project within
six (6) months after commencemen of same. However, should City
provide Owner with written notic prior to its completion of the
Project, said notice stating hat the Project will not be
substantially completed (6) month time frame stated
herein, the Owner agrees city one automatic ninety (90)
day extension commencing originally anticipated date of
completion within which to subst ntially complete the Project.
11. P OGRESS OF CONSTRUCT ON. The construction documents
shall require the contracto to diligently proceed with
construction of the Project in a cordance with a progress schedule
to be included as part of the construction plans. The City shall
cause the construction contracto to construct the Project in such
a manner so as to maintain acce s to the DiLido and the Decoplage
at all times. In the event f any substantial change to the
Project which substantially or materially affects the Abutting
Properties the Owner shall be co sulted. Subject to the provisions
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faith in a reasonable attempt to modify this Agreement to
comply with such federal, county, or state law or
regulation.
14. DEFAULT, REMEDIES AND TERMINATION. In the event that any
party believes that the other party to this Agreement is in default
with respect to any term of condition herein contained, the party
alleging such default or breach shall give the breaching party
written Notice of Default. The Notice of Default shall specify the
nature of the alleged default; and, where appropriate, the manner
and period of time in which said default may be satisfactorily
cured. In no event shall the periOd of time referred to herein
above be less than thirty (30) days measured from the date of
mailing of the Notice of Default. During any period of curing, the
party charged shall not be considered in default for the purposes
of termination or institution of legal proceedings. If the default
is cured, then no default shall be deemed to have existed, and the
noticing party shall take no further action. After proper Notice
of Default, and the expiration of said curative period, the
noticing party to this Agreement may, at its option, institute
legal proceedings for enforcement of this Agreement, or give Notice
of Intention to Terminate this Agreement, or both, Furthermore,
the parties may enforce such rights or remedies as they may have
under this Agreement subject to the limitations contained in the
Arbitration and/or Limitation of Liability Clauses below. In the
event that litigation is commenced to interpret, enforce, terminate
or otherwise determine the rights of the parties hereunder, then
the prevailing party in any such litigation shall be entitled to
collect reasonable attorneys' fees, court costs and other direct
costs incurred in prosecuting or defending the action from the
opposing party.
15. NONWAIVER, Failure or delay in giving Notice of Default
pursuant to this Agreement shall not constitute a waiver of any
default. Except as otherwise expressly provided in this Agreement
any failure or delay by the other party in asserting any of its
rights or remedies as to any default shall not operate as a waiver
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of any default or of any such rights or remedies, or deprive such
party of its rights to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert or
enforce any such rights or remedies, subject to such limitations as
are contained in the' Arbitration and/or Limitation of Liability
Clauses below.
16. ENFORCED DELAY AND EXTENSION OF TIME FOR PERFORMANCE.
Performance by either party hereunder shall not be deemed to
constitute a default where delays or inability to proceed in
accordance with the terms hereof are due to war, insurrection,
strikes, walkouts, riots, floods, earthquakes, fires, hurricanes,
casualties, acts of God or moratoria imposed or mandated by other
governmental entities, enactment of conflicting state or federal
law or regulations, new or supplementary environmental regulations,
litigation by third parties, or similar bases for excused
performance. If written notice of such delay or inability to
proceed, is given to either party within thirty (30) days of the
commencement of the condition causing the delay or inability to
proceed, then the parties shall meet and extend the time or
performance by mutual agreement.
l7. ARBITRATION CLAUSE. Any controversy or claim for money
damages arising out of or relating to this Agreement, or the breach
hereof, shall be settled by arbitration in accordance with the
Commercial Arbitration RUles of the American Arbitration
Association, and the arbitration award shall be final and binding
upon the parties hereto and subject to no appeal, and shall deal
with the question of the costs of arbitration and all matters
related thereto. In that regard, the parties shall mutually select
one arbitrator, but to the extent the parties cannot agree upon the
arbitrator, then the American Arbitration Association shall appoint
one. Judgment upon the award rendered may be entered into any
court having jurisdiction, or application may be made to such court
for an order of enforcement. Any controversy or claim other than
a controversy or claim for money damages arising out of or relating
to this Agreement, or the breach hereof, including any controversy
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or claim relating to the right to specific performance, shall be
settled by litigation and not arbitration.
18. LIMITATION OF LIABILITY. The city desires to enter into
this Agreement only if in so doing the city can place a limit on
City's liability for any cause of action for money damages due to
an alleged breach by the city of this Agreement, so that its
liability for any such breach never exceeds the sum of Four Hundred
Fifty Thousand Dollars ($450,000.00) less all amounts actually paid
by the City as of the date of the alleged breach. Owner hereby
expresses its willingness to enter into this Agreement with
Developer's recovery from the city for any damage action for breach
of contract to be limited to a maximum amount of Four Hundred Fifty
Thousand Dollars ($450,000.00), less the amount of all funds
actually paid by the City to Owner pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition
of this Agreement, Owner hereby agrees that the City shall not be
liable to Owner for damages in an amount in excess of Four Hundred
Fifty Thousand Dollars ($450,000.00) which amount shall be reduced
by the amount actually paid by the City to Developer pursuant to
this Agreement, for any action or claim for breach of contract
arising out of the performance or non-performance of any
obligations imposed upon the city by this Agreement. Nothing
contained in this subparagraph or elsewhere in this Agreement is in
any way intended to be a waiver of the limitation placed upon
City's liability as set forth in Florida statutes, Section 768.28.
Notwithstanding anything herein to the contrary, in the event
the Project is not substantially completed within, the time frames
specified herein, subject only to Sections 11 and 16 herein, then
the Easement Parcel shall be conveyed back to Owner by city.
19. ENTIRE AGREEMENT. This Agreement represents the entire
agreement of the parties hereto and no prior or present agreements
or representations shall be binding upon either of the parties
hereto, unless specifically incorporated herein by reference,
whether such prior present agreements have been made orally or in
writing_ No modification change, amendment or extension of the
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terms or provisions of this Agreement shall be valid or binding
upon either one of the parties, unless in writing, and executed by
the parties to be bound thereby.
20. NOTICES AND DEMANDS.
All formal notices, demands,
correspondence and communications between the City and the Owner
shall be deemed sufficiently given under the terms of this
Agreement if dispatched by certified mail, postage prepaid, return
receipt requested, as follows:
As to City of Miami Beach:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
with a copy to:
City Attorney
City of Miami Beach
l700 Convention Center
Miami Beach, Florida
Drive
33139
As to Owner:
Crescent Notice Joint Venture
c/o Russell W. Galbut
100 Lincoln Road
Miami Beach, Florida 33139
Bruce Menin
100 Lincoln Road
Miami Beach, Florida 33139
with a copy to:
Abraham A. Galbut, Esq.
Galbut, Galbut, Menin & Wasserman, P.A.
999 Washington Avenue
Miami Beach, Florida 33139
and
Bruce Lazar, Esq.
Therrel Baisden & Meyer Weiss
1111 Lincoln Road
Miami Beach, Florida 33139
or to such other address and to the attention of such other person
as the city or the Owner may from time to time designate by written
notice to the other.
21. REPRESENTATIONS AND WARRANTIES OF DEVELOPER.
warrants and represents to City that:
Owner
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a. Crescent Heights XXX, Inc., is a duly existing
Florida Corporation.
b. Dilido Beach Corporation is a duly existing Florida
corporation.
c. Each of the above corporations has all requisite
power, authority, licenses, permits, and franchises,
corporate or otherwise, to execute and deliver this
Agreement and perform its obligations hereunder.
d. Each corporation's execution, delivery, and
performance of this Agreement has been duly authorized
by, or is in accordance with, its organic instruments,
this Agreement has been duly executed and delivered for
it by the signatories so authorized, and it constitutes
its legal, valid and binding obligations.
e. Neither corporation's execution, delivery, and
performance, of this Agreement will result in a breach or
violation of, or constitute a default under, any
agreement, lease or instrument to which it is a party or
by which it or its properties may be bound or affected;
and
f. Neither corporation received any notice, nor to the
best of its knowledge is there pending or threatened any
notice, of any violation of any applicable laws,
ordinances, regulations, rules, decrees, awards, permits
or orders which would materially adversely affect its
ability to perform hereunder.
g. To the best of Owner's knowledge, the City presently
has no legal rights to the Easement Parcel.
22. TIME IS OF THE ESSENCE. The parties specifically agree
that time is of the essence regarding the development and
construction of this Project.
23. CAPTIONS. The captions of this Agreement are for
convenience and reference only, and in no way define, describe,
extend, or limit the scope or intent hereof.
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24. SUCCESSORS AND ASSIGNS. This Agreement shall be binding
upon and inure to the benefit of the parties hereto, and their
respective successors and assigns.
25. GOVERNING LAW - VENUE. This Agreement shall be governed
in its enforcement, construction, and interpretation by the laws of
the State of Florida. Any litigation arising between the parties
with respect to this Agreement, or the property described in
Exhibit "13" attached hereto, shall be instituted and maintained in
the Circuit Court of Dade county, Florida.
IN WITNESS WHEREOF, this Agreement has been executed by the
parties on the day and year first above written.
CITY ATTORNEY
MAYOR
By
ATTEST:
'],uL.o-A ?_,~
C Y CLERK
CRESCENT HEIGHTS XXX, INC.,
a Florida corporation
Ba~~ . ,vf
1 ,L 6.frl~ A. HG"N/IoI
Vice President
and
DILIDO BEACH HOTEL CORP., a
a);orpora ion
By
Tit e:
STATE OF FLORIDA )
)
)
SS:
COUNTY OF DADE
~ I.. H~I..L
I HEREBY CERTIFY the foregoing instrument was acknOWledged
before me this ~ day of M"""CJ..I. ,199~ by RYgSIU..l. W.
BALB6T as Vice President of CRESCENT HEIGHTS XXX, INC., a Florida
corporation, personally known to me LllriRr who produced
as i~~~~ and who did or
-1L did not take an oath. N t!!:>tY- ?A~7,;?t~W~~~S -
put>\rc~~l:80J!UlU fAIhu
NOTARY PUBLIC, STATE OF FLORIDA
TYPE/WRITE NAME: ~,.s A,rtfoll-O
My commission expires:
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STATE OF FLORIDA )
) 55:
COUNTY OF DADE )
I HER1: CERTIFY the foregoing ~pjltru!'~J1t was aCknor/.edged
b",r'P~e II m t;.hilli -.I, ~ day /J of} ~ ' 19 , by
~~ ~as~&:t~ of DILID BEACH
HOTEL CORP., a Florida corporation, personally known to me or who
prod1ced 'de~tification and who
did or _ did not take an oath. Notary STA~le60 D Soiz
Public /,Iv c F FLORIDA
, omm Exp4 8/.94
:L ~E '
NOTARY UBLIC, 5 ATE F FLORIDA
My commission expires: TYPE/WRITE NAME: /J4~UJ P. S-4/2-
jm\e:rJa\lrst.agr
June 21, 1993
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'EXHi~IT .A" page 2 of 2
, '.
GRANT OF PERMANENT EASEMENT
THIS GRANT OF EASEMENT made this day of
1993, between the CITY OF MIAMI BEACH, a Florida municipal
corporation, having its principal place of business at 1700
Convention Center Drive, Miami Beach, Florida (hereinafter referred
to as "City") and CRESCENT HEIGHTS XXX, INC. a Florida corporation
and Dilido Beach Hotel corporation, a Florida corporation, whose
principal address is Miami Beach,
Florida , (hereinafter referred collectively to as the
"Grantors").
WIT N E SSE T H :
WHEREAS, Crescent Heights XXX, Inc, is the fee simple owner of
the following described property, inserted as Exhibit "Bl" and
attached hereto, and Dilido Beach Hotel Corporation is the fee
simple owner of the following described property, inserted as
Exhibit "B2" and attached hereto, (Which properties are hereinafter
collectively referred to as the "Easement Parcel")
KNOW ALL MEN BY THESE PRESENTS that the Grantors, for and in
consideration of the sum of Ten Dollars ($10.00) to them in hand
paid by the City, the receipt whereof is hereby acknowledged,
hereby grant, sell and convey to the City, its successors and
assigns forever:
A permanent easement for the sole purposes of
EXHIBIT "B"
providing to the public and to Grantee, its
invitees, licensees and lessees a way of
passage and access to, and reasonable use of,
the Easement Parcel as a (i) pedestrian right-
Of-way for access from the street end to the
beach and Atlantic Ocean, and (ii) for the
installation, relocation or maintenance of
utilities and above ground lighting serving
the Easement parcel, and the City shall
maintain same.
Grantors herein release their claims, rights, and privileges,
and such claims, rights and privileges to the Easement Parcel of
granting same to others, including its successors and assigns
subject to the fOllowing reservations:
(1) Grantors reserve the right to construct at its sole cost
and expense a pedestrian crossover above thirty feet (30')
with a height of ten feet (10') and a width of twenty feet
(20'), the plans for which shall be in conformity with all
applicable state, county and local laws and regulations and
subject to all applicable design and zoning approvals by the
City in the normal course of its Plan Approval Process,
including, but not limited to, the application by Grantors to
the Board of Adjustment for a variance to develop and
construct the proposed structure described herein. In no way
shall such pedestrian crossover inhibit the access of the
public across the Easement Parcel.
(2) The Grantors reserve the right to construct at its sole
cost and expense structured parking facilities below elevation
__I~,O' ~ , the plans for which shall be in conformity with
all applicable state, county and local laws and regulations
and subject to all applicable design and zoning approvals by
the City in the normal course of its Plan Approval Process,
including, but not limited to, the application by Grantors to
the Board of Adjustment for a variance to develop and
construct the proposed structure described herein. In no way
shall such parking facilities inhibit the access of the public
across the Easement Parcel.
, .
All improvement constructed by Grantors pursuant to the above
reservations shall be maintained by the Grantors,
This Grant of Easement shall insure to the benefit of and be
binding upon the City and the Grantors, and their respective
successors and assigns.
IN WITNESS WHEREOF, Grantors have hereunto set then hands and
seals at Miami Beach, Dade County, Florida, at the date first above
written,
FORM APPROVED:
CITY OF MIAMI BEACH
By
CITY ATTORNEY
MAYOR
ATTEST:
CITY CLERK
CRESCENT HEIGHTS XXX, INC.,
a Florida corporation
By
RJlSfELL ~L ~AI:.!ltl'1'- I'ltltCd A. hfl1J/,J
Vice President
and
DILIDO BEACH HOTEL CORP., a
Florida corporation
By
Title:
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
, .
~A.h~".J
I HEREBY CERTIFY the foregoing instrument was acknowledged
before me this _ day of , 1993, by IHJ&&ELL ~~.
CALBU~as Vice President of CRESCENT HEIGHTS XXX, INC., a Florida
corporation, personally known to me or who produced
as identification and who did or
did not take an oath,
My commission expires:
NOTARY PUBLIC, STATE OF FLORIDA
TYPE/WRITE NAME:
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
I HEREBY CERTIFY the foregoing instrument was acknOWledged
before me this day of , 1993, by
as of DILIDO BEACH
a Florida corporation, personally known to me or who
as identification and who
HOTEL CORP.,
produced
did or
did not take an oath,
My commission expires:
NOTARY PUBLIC, STATE OF FLORIDA
TYPE/WRITE NAME:
(jm:rja\grtease)
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, ,.
RESTRICTIVE COVENANT
CRESCENT HEIGHTS XXX, INC, a Florida corporation, the owner of
Parcel 1 below, and DILIDO BEACH HOTEL CORPORATION, a Florida
corporation, owner of Parcel 2 below (collectively the "Owners"),
their successors, heirs and assigns, hereby agree and covenant that
the following property located in Dade County, Florida, and legally
described as:
PARCEL 1
SEE ATTACHED EXHIBIT "Cl"
PARCEL 2
SEE ATTACHED EXHIBIT "C2"
(Collectively the "Easement Parcel")
shall be subject to the following covenants and restrictions:
No building or structure, whether permanent or temporary,
shall be erected or placed in the required side yard
setbacks as established by City of Miami Beach Zoning
Ordinance 89-2665, and as same may be amended from time
to time. Notwithstanding the above, no building or
structure, whether permanent or temporary, shall be
erected or placed within five feet (5') on either side of
EXHIBIT "C"
the Easement Parcel, thereby establishing a five foot
(5') set back; provided that such restriction shall not
preclude Owners from using such five foot area for an
outdoor cafe subject to compliance with appropriate
ordinances and laws of the City.
The foregoing covenants and restrictions shall be considered and
construed as covenants and restrictions running with the land, and
the same shall bind all persons claiming ownership of all or any
portion of the subject property. The Owners hereby acknowledge and
agree that the City of Miami Beach is a beneficiary of this
Restrictive Covenant, and the Owner shall not release or amend this
Restrictive Covenant without the prior written consent of the city
of Miami Beach.
Invalidation of any of these covenants by a Court of competent
jurisdiction shall in no way affect any of the other covenants
which shall remain in full force and effect.
IN WITNESS WHEREOF, the Owner has hereunto set its hand and
seal at Miami Beach, Dade County, Florida, at the date first above
written.
FORM APPROVED:
CITY ATTORNEY
ATTEST:
CITY CLERK
and
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
CITY OF MIAMI BEACH
By
MAYOR
CRESCENT HEIGHTS XXX, INC.,
a Florida corporation
By
RlJElElE{.L U. ChLOO'f J5~ fi,. nttIJ,,j
Vice President
DILIDO BEACH HOTEL CORP., a
Florida corporation
By
Title:
13IZ<<cs' A. t1~"J
I HEREBY CERTIFY the foregoing instrument was acknowledged
before me this _ day of , 1993, by Rt/&&ELL l~.
OALB6T as Vice President of CRESCENT HEIGHTS XXX, INC., a Florida
corporation, personally known to me or who produced
as identification and who did or
did not take an oath.
My commission expires:
NOTARY PUBLIC, STATE OF FLORIDA
TYPE/WRITE NAME:
"
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
I HEREBY CERTIFY the foregoing instrument was acknowledged
before me this day of , 1993, by
as of DILIDO BEACH
a Florida corporation, personally known to me or who
as identification and who
HOTEL CORP.,
produced
did or
did not take an oath.
My commission expires:
NOTARY PUBLIC, STATE OF FLORIDA
TYPE/WRITE NAME:
CRESCENT HEIGHTS XXX, INC.,
a Florida corporation
By
mmGl'lLl. \1. CAUlB'f ~ A . helJ/,J
vice President
and
DILIDO BEACH HOTEL CORP., a
Florida corporation
By
Title
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
I HEREBY CERTIFY the foregoing instrument was acknowledged
before me this _ day of , 1993, by
personally known to me or who produced
as identification and who or
did not take an oath.
My commission expires:
NOTARY PUBLIC, STATE OF FLORIDA
TYPE/WRITE NAME:
(jm:a:rja\restcoy)
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