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96-22066 RESO RESOLUTION NO. 96-22066 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND CONSENTING TO AN ASSUMPTION AGREEMENT, DATED NOVEMBER 22, 1995, BETWEEN JEFFERSON BANK OF FLORIDA AND MONTY'S ON THE BEACH, LTD. AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT TO ASSIGNMENT ON BEHALF OF THE CITY. WHEREAS, Marina Restaurant Partners, Ltd., a Hawaiian Limited Partnership (Marina), is the Lessee under a Lease Agreement dated August 8, 1992 (the Lease Agreement), with Tallahassee Building Corp. (Lessor), for the premises known as "Nick's Fish Market;" and WHEREAS, Tallahassee Building Corp. is a Lessee under a Lease Agreement dated June 24, 1983, with the City for the purpose of leasing land for the construction and development of the Miami Beach Marina; and WHEREAS, on November 22, 1995, Marina conveyed all of its rights, title, and interest to the Lease Agreement to Monty's on the Beach, Ltd (Monty's); and WHEREAS, it was also necessary for Marina to obtain the City's consent to the transfer of the Lease Agreement and equipment to Monty's; and WHEREAS, in addition to the City's consent, and as a condition to the November 22, 1995 acquisition of the Lease Agreement and equipment to Monty's, Jefferson Bank of Florida (Bank) has required that Monty's assume liability for all collateral documents, formerly held by Marina in favor of the Bank, as same are specified and defined in the attached Assumption Agreement, dated November 22, 1995; and WHEREAS, pursuant to Article 18 of the Lease Agreement, any transfer or assignment, in whole or in part, of an interest in the Lease Agreement also requires the prior written consent of the City. NOW, THEREFORE, BE IT RESOL VED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve and consent to the attached Assumption Agreement, dated November 22, 1995, between Jefferson Bank of Florida and Monty's on the Beach, Ltd., and authorize the City Manager to execute the attached said Consent to Assignment on behalf of the City. PASSED and ADOPTED this 17th day of July ,1996. v)t\~ \J ,-<..-E:. MAYOR ATTEST: Rou .pQA~ CITY CLERK C:\ WPWIN60\ WPDOCS\RESOLUTN\MONTY ASM.AGR ,,,. ", f, t1 II 1'"'.. I' "lo ~ ..... I unl\l fWr h<..;, ,) LEGAL DEPT. By '""ate 7/<<,/t?J 6. y " 7- ~" . CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. 43 S-C?-t, TO: Mayor Seymour Gelber and Members of the City Commission DATE: July 17, 1996 FROM: Jose GarCia_pedrosa)! City Manager RESOLUTION ROVING AND CONSENTING TO AN ASSUMPTION AGREEMENT, DATED NOVEMBER 22,1995, BETWEEN JEFFERSON BANK OF FLORIDA AND MONTY'S ON THE BEACH, LTD. , AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT TO ASSIGNMENT ON BEHALF OF THE CITY. SUBJECT: ADMINISTRATION RECOMMENDATION: Approve the resolution. BACKGROUND: Tallahassee Building Corp. is a Lessee under a Lease Agreement dated June 24, 1983, with the City for the purpose of leasing land for the construction and development of the Miami Beach Marina. Marina Restaurant Partners, Ltd., a Hawaiian Limited Partnership (Marina), is the Lessee under a Lease Agreement dated August 8, 1992 with the Tallahassee Building Corp, (Lessor), for the premises known as "Nick's Fish Market". On November 22, 1995, the Marina conveyed all of its rights, title, and interest to the Lease Agreement to Monty's on the Beach, Ltd. (Monty's). It is also necessary for the Marina to obtain the City's consent to the transfer of the Lease and equipment to Monty's. In addition to the City's consent, and as a condition of the November 22, 1995 acquisition of the Lease Agreement and equipment to Monty's, Jefferson Bank of Florida (Bank) has required that Monty's assume responsibility for all collateral documents, formally held by the Marina in favor of the Bank. These documents are specified and defined in the Assumption Agreement, dated November 22, 1995. Pursuant to Article 18 of the Lease Agreement, any transfer or assignment, in whole or in part, of an interest in the Lease Agreement also requires the prior written consent of the City. Continued... L1N l-ll-CjL, AGENDA ITEM DATE COMMISSION MEMORANDUM PAGE TWO JULY 17, 1996 CONCLUSION: The City Commission should approve and consent to the Assumption Agreement dated November 22, 1995, between the Bank and Monty's and authorize the City Manager to execute a consent to assignment on behalf of the City. JGP:MDB:lcd Attachments F:CMGR:ALL$.COMMEMO.96.MONTY'S.CON RECORD & RETURN TO: This instrument was prepared by: Marc Lipsitz, Esq. Jefferson Bank of Florida P.O. Box 402249 Miami Beach, Florida 33140-9973 ASSUMPTION AGREEMENT This Assumption Agreement (the "Agreement") dated as of November 22, 1995, by and between JEFFERSON BANK OF FLORIDA, a Florida Banking corporation, whose address is 301-41st Street, Miami Beach, Florida 33140, (the "BANK") and MONTY'S ON THE BEACH, LTD., a Florida limited partnership, whose address is 300 Alton Road, Miami Beach, Florida 33139 ("ASSUMPTOR"). RECITAL9. A. The BANK is the owner and holder of the note, the collateral assig~~ent of lease, and the security agreement described as follows: 1. Promissory Note dated December 27, 1993, executed by Marina Restaurant Partners, Ltd., a Hawaii limited partnership ("Marina"), to the order of BANK (the "Note"). 2. Collateral Assignment of Lessee's Interest in Lease Agreement dated December 27, 1993 and recorded January 31, 1994 under Clerk's File No. 94R048ll1 in O.R. Book 16229 at Page 4790, of the Public Records of Dade County, Florida, (the "Collateral Assignment"). The Collateral Assignment constitutes a security agreement encumbering the leasehold estate created pursuant to a Restaurant Lease dated August 28, 1992 by and between Tallahassee Building Corp., as Lessor and Marina as Lessee, (the "Leasehold") located in ui'ld", C0Lln:::y, Florida as described in the Restaurant Lease and located wi !:hin tr.e Premises described in Exh~bit "A" to the Collateral Assignment. 3. Equipment Security Agreement dated December 27, 1993 executed by Marina to Bank granting a security interest in all of Marina's equip~ent ("Equipment") and related UCC-l Financing Statements. (The Collateral Assignment and the Security Agreement are hereinafter to referred to as the "Collateral Documents") B. By Assignment, Assumption and Amendment of the Restaurant Lease d3ted November 22, 1995, Marina has conveyed all of their right, title and interest into the Leasehold to ASSUMPTOR and by bill of sale ASSUMPTOR acquired all of Marina's Equipment. C. Marina requested the BANK's consent to transfer the Lease and Equip~ent from Marina to ASSUMPTOR subject to the lien of Bank's Collateral Docume~ts. D. The BANK as a condition of its consenting to the transfer of the Lease and Equipment to ASSUMPTOR required that ASSUMPTOR assume liability for the Note and performance under the Collateral Documents and execute a renewal note (the "Replacement Note") and make payments on the Replacement Note in accordance with the provisions of the Replacement Note and undertake to perform the obligations under the CollRteral Documents all in accordance with the terms and conditions set forth in the respective documents and instruments and that certain individual principals of ASSu}~?TOR unconditionally guaranty the obligations of ASSUMFTOR to Bank for the N8te, Replacement Note and Collateral Documents. NOW THEREFORE, in consideration of the mutual covenants herein contained the parties agree as follows: 1. The recitals set forth above are true and correct as written and are incorporated by reference. 2. ASSUMPTOR hereby acknowledges and confirms that it has acquired the right, title and interest in the Leasehold and Equipment subject to the lien and security interest of the Collateral Documents which shall continue to secure the Note and Replacement Note and assumes liability for payment of the Note and Replacement Note and performance of the terms and provisions of the Collateral Documents. 3. ASSUMPTOR further acknowledges that the principal balance of the Note as of the date hereof, is $250,000.00, plus accrued and unpaid interest from the date last paid, which is owning free of defenses, setoffs or counterclaims and to the extent same may exist all of which are hereby waived. 4. Except as expressly otherwise provided herein or otherwise waived in writing by the BANK all other terms and conditions of the Collateral Documents shall remain in full force and effect. If any conflict exists between the provisions of this Agreement and the Collateral Documents, this Agreement shall be controlling. 5. Except as expressly otherwise provided herein, nothing herein shall be construed as a waiver of rights and remedies available to BANK under the Note, Replacement Note, the Collateral Docc;ments and all other security documents executed by Marina or any other documents evidencing or securing same. 6. As used herein all capitalized ter~s not otherwise defined herein shall have the meaning ascribed to such terms in the Collateral Documents, unless the context otherwise requires. 7. The failure of ASSUMPTOR to comply with any of the terms and conditions contained in the Collateral Documents shall at the option of the BANK constitute an Event of Default under the Collateral Documents and Replacement Note. 8. This Agreement supersedes all prior or contemporaneous negotiations, promises, covenants, agreements or representations of whatever nature whatsoever with respect thereto, all of which have become merged and finally integrated into this Agreement and other applicable documents and no party shall be permitted to offer or introduce any oral evidence concerning any oral'promises or oral agreements between the parties. 9. ASSUMPTOR also agrees to reimburse the BANK for legal fees of counsel in preparation of this agreement and for the costs incurred by the BANK and required documentary tax stamps and recording fees. 10. The parties agree that each party and their respective counsel have reviewed and negotiated this Agreement and that each party fully understands the provision of this Agreement. The parties agree, therefore, that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply in the interpretation of the Agreement. 11. Any notices or other communication shall be in writing and shall be considered to have been duly given three (3) business days after sent by certified mail, return receipt requested, postage prepared or on the date received if sent by courier service. (a) If to ASSUMPTOR: MONTY'S ON THE BEACH, LTD. Attention: Stephen J. Kneapler 2550 South Bayshore Drive Miami, Florida 33133 (b) If to BANK, to: Jefferson Bank of Florida Attention: Lending Division 301-41st Street Miami Beach, Florida 33140 12. The Agreement may be executed in one or more counterparts, each of which shall be considered original but all of which when taken together shall constitute but one agreement. 13. It is a condition of this Agreement that nothing herein shall be deemed to release Marina and the partners of Marina and the individuals who are guarantors of the liability to the BANK for the Note and it is the intent of the BANK for Marina and Assumptor to be jointly and severally liable to the BANK for the Note and Replacement Note and performance of the obligations under the collateral Document until full repaid. It is a condition of this Agreement being binding on the Bank that Marina and its partners and individual guarantors of the Note execute a ratification of their continuing liability for the Note and the Replacement Note. 14. This Agreement shall be governed by construed in accordance with the laws of the State of Florida. The undersigned expressly submits the jurisdiction of all courts located in the State of Florida. 15. In the event either party to this Agreement brings an action to enforce any of the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees in addition to costs and necessary disbursements. 16. THE BANK AND ASSUMPTOR HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREOF, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR BANK ENTERING INTO THIS AGREEMENT. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first written above. STATE OF FLORIDA ) COUNTY OF DADE ) ~ The foregoing instrument was acknowledged before me this ~~ day of April, 1996, by Stephen J. Kneapler as President of MONTY'S ON THE BEACH, INC., a Florida corporation, as General Partner of MONTY'S ON THE BEACH, LTD., a Florida limited partnership, on behalf of the partnership. ~~_c!_-9fJicer is P.eJ"so_rl~}),y_ __knownt_o .me ~~ed- -a~e&iH-CaB-Em... My Commission Expires: ~~7 ~ y..v'G:\\o OTARY PUBLIG,I' '_(,. )1 ~ (":>tCZ~~Cj'l1, Print Name: lv', ItJl. ({.:=.-tJcl{{I~'-\)~S'O"~0"z~O.\r STATE OF FLORIDA cr"\J'~,,I'''~o~6:;~;''' fill... f(...... ,,,'to' 1'\' COUNTY OF DADE ) _/b.I~. ~\\~~\,0p ~_~j~.The foregoing instrument was acknowledged before m~ ~~~ ~ day of -ApT"ri, 1996, by Richard A. Davis, as Vice President of'>'JEFFERSON BANK OF FLORIDA, a Florida banking corporation, on behalf of the BANK. He is personally known to me.-er lAw };a.ir prgg\1c~d as identification. "1-- My Commission Expires: r; \1A'\b\1\!'"""':,::tY'~\2?S'-"::i13..3.?r"1 MONTY'S ON THE Florida limite BY: MONTY'S 0 a Florida General P kACH, LTD., a ipartnership /THE BEACH, INC., ,orporation, its tner i BY: j Stephen J.Kneapler, President BY: Rich , I I Iii'.! NOTARY PUBLIC Print Name: ,.."1 1'11# .~n('" "*~JJ! * -,.l<.__;o .' KAREN MARY KWAS My COl"nf'1'Ws'on CC5263'Q5 F. .p",", _!a!"\ ?7 21..--...., CONSENT Tallahassee Building Corp., a Delaware corporation whose address is 500 West Monroe Street, Suite 1500, Chicago, Illinois 60661, does hereby consent to the foregoing Assumption Agreement (including the change in terms of payment of the Note with the execution of the Replacement Note by Assumptor) in accordance with and upon the conditions set forth in the initial consent to assignment provided by Tallahassee Building Corp., in connection with the Collateral Assignment. B~~~DrNG CORP, As ita \."t~\)Q,;~ STATE OF ~LLlIJOI> COUNTY OF WI~L The foregoing instrument was acknowledged befo!"e r..e this Z& day of ~~, 1996 by [;12./,- 1Je,~~/" AS k<i<{,..+ U,J.. ~ President of Tallahassee Building Corp., a Delaware corporation. S~id officer :s personal1y ~~own to me or has produced as identif~cation. ~6~ Notary P lic Print Name: ~/ly &Ah~""Oa.C My Commission Expires: , "OFFICIAL SEAL" ( I Holly Blakemore Notary Public, State of Illinois I.., Commission Expires Aug, 24, 1999 ~~,.,. CONSENT TO ASSIGNMENT The City of Miami Beach, a Florida Municipal Corporation, through its City Manager does hereby consent to the foregoing Agreement in accordance with and upon the conditions set forth in the initial consent to assignment provided by the City of Mia~i Beach in connection with the Col:ateral Assignment. THE CITY OF MIAMI B~CH, FLORIDA (SEAL) - City Manager STATE OF FLORIDA () ,._. v (J_ ./. COUNTY OF DADE) ICO\,UA-() T ~ City Clerk -o-,jl. The foregoi~ inst.rument )fas acknowledged befcre rr.e this ~ day of JlF~ll:, 1996 by .IOSe: &;aNI4"- &~~7""_ as City :>1anager of The City of Miami Beach, a Florida Municipal Corporation, on beha:f of the corooration. Said City Manager is personally known. tQ ~8 Qr R4g . produced .y ld.Uli[j~~, No~ary Pub iCr--;-:::;:> 1/ ,~ I ' Pnnt Name: ~J,t2::::. ~..;) My Commission Expires: ,.,'~';f.'./,rifk'" RUTH RUBI (:'f b 't~ MY COMMISSION' CC 273198 ~~T&W EXPIRES: Aprll25. 1997 ")',~f"r;~" Bonded Thru Notary PublIc UndeIwrtt8ra li:\v\b\1\montY5\a55um3,agr) FORM APPROVED By 11181 ~~ Date ?/tJ/9t1 CITY OF MIAMI BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM m To: Bob Parcher City Clerk \ (J ~ Lawrence A. Lev~ First Assistant City Attorney Date: December 15, 1998 From: Subject: Lessor's Estoppel Certificate With Respect to Monty's Subleases at the Miami Beach Marina As discussed with you, the attached original of the Lessor's Estoppel Certificate} with respect to the refinancing of the Monty's Restaurants at the Miami Beach Marina should be filed with the resolution which approved the Assumption Agreement, by which Monty's assumed the aforementioned subleases. This was done under the authority of Resolution No. 96-22066. cc: Christina Cuervo, Assistant City Manager \.0 W U C1 N .. w... W - u.... 0 > ::c (f) a... . W \..0 Ct:': Ci L:' UJ Lt.,.' _J er.-: Cl F:\A1TOOY.).\MARINA~NTYPAR.MEM u-, This instrument was prepared by: Terry B. Fein, Esq. Shutts & Bowen LLP 201 South Biscayne Boulevard 1500 Miami Center Miami, Florida 33131 LESSOR'S ESTOPPEL CERTIFICATE THE CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (the "City"), does hereby state, certify and agree to the following: 1. The City is the fee simple owner of the following described property (the "Property"): See EXHIBIT "A" attached hereto and incorporated herein by this reference. 2. The City is the lessor under that certain lease of the Property to CARNER-MASON ASSOCIATES, LTD. ("Carner Mason"), dated June 24, 1983, as evidenced by that Short- Form Lease dated August 19, 1983, and recorded November 9, 1983 in Official Records Book 11963, Page 1143, of the Public Records of Miami-Dade County, Florida; and as amended by (i) First Amendment to Marina Lease Agreement dated October 23, 1991, (ii) Second Amendment to Marina Lease Agreement dated August 11, 1994, (iii) Partial Release of Lease recorded in Official Records Book 17077, Page 1193, of the Public Records of Miami-Dade County, Florida, (iv) Third Amendment to Marina Lease Agreement dated May 27, 1997, and (v) Memorandum of Lease Amendments dated May 28, 1997, and recorded May 29, 1997 in Official Records Book 17656, Page 4709, of the Public Records of Miami- Dade County, Florida; and as thereafter further amended by Fourth Amendment to Marina Lease Agreement dated April 15, 1998 (the foregoing documents being all the documents comprising such Lease Agreement and being hereinafter referred to as the "Lease"). 3. The City heretofore consented to the acquisition of Carner Mason's leasehold interest under the Lease by TALLAHASSEE BUlLDING CORPORATION ("Tallahassee"), and thereafter consented to the assignment of the leasehold interest under the Lease from Tallahassee to MIAMI BEACH MARINA ASSOCIATES, LTD., a Florida limited partnership, which is the current lessee under the Lease, pursuant to that certain Assignment and Assumption Agreement dated June 9, 1997 and recorded June 11, 1997 in Official Records Book 17673, Page 2830, of the Public Records of Miami-Dade County, Florida. 4. The Lease has not been modified, its terms are in full force and effect, and the Lease is not in default, and all payments required thereunder are current and up-to-date. 5. The City heretofore consented to a sublease ofa portion of the Property from Tallahassee to MARINA RESTAURANT PARTNERS ("Marina Restaurant") pursuant to that certain Restaurant Lease dated August 28, 1992, as amended by Lease Amendment dated June 24, 1993, and as further amended by those certain letter agreements dated January 19, 1995, and March 15, 1995, and as further amended by Assignment, Assumption and Amendment of Sublease dated November 22, 1995 (the foregoing documents being all of the documents comprising such Restaurant Lease and being hereinafter referred to as the "Monty's on the Beach Sublease")_ 6. The City heretofore consented to the assignment of Marina Restaurant's interest under the Monty's on the Beach Sublease to MONTY'S ON THE BEACH, LTD., a Florida limited partnership ("Monty's on the Beach"). 7 _ In connection with the foregoing consent, the City and Monty's on the Beach entered into a Non-Disturbance and Attornment Agreement dated November 22, 1995 (the "Monty's on the Beach Non-Disturbance Agreement"). The Monty's on the Beach Non-Disturbance Agreement has not been modified and its terms are in full force and effect. 8. The City heretofore also consented to a sublease of another portion of the Property from Tallahassee to CRABBY BILL'S MANAGEMENT CORP., a Florida corporation ("CB"), pursuant to that certain Restaurant Lease dated January 19, 1995, as amended by Assignment, Assumption and Amendment of Sublease dated November 22, 1995 (the foregoing documents being all of the documents comprising such Restaurant Lease and being hereinafter referred to as the "Monty's Downstairs Sublease"). 9. The City heretofore consented to the assignment of CB' s interest under the Monty's Downstairs Sublease to MONTY'S DOWNSTAIRS, LTD., a Florida limited partnership ("Monty's Downstairs"). 10. In connection with the foregoing consent, the City and Monty's Downstairs entered into a Non-Disturbance and Attornment Agreement dated November 22, 1995 (the "Monty's Downstairs Non-Disturbance Agreement"). The Monty's Downstairs Non-Disturbance Agreement has not been modified and its terms are in full force and effect. 11. The City hereby acknowledges that Monty's on the Beach and Monty's Downstairs are obtaining certain financing from Ocean Bank, a Florida banking corporation ("Ocean Bank"), and consents to such financing. The City acknowledges and consents to the fact that such financing shall be secured, in part, by, among other things, a Subleasehold Mortgage, Assignment of Leases and Rents and Security Agreement (as same may be modified, amended, extended, renewed, and/or replaced from time to time) encumbering the subleasehold estate, rights, title and interest ofMonty's on the Beach under the Monty's on the Beach Sublease, and the subleasehold estate, rights, title and interest of Monty's Downstairs under the Monty's Downstairs Sublease, as well as by a mortgage (as same may be modified, amended, extended, renewed, and/or replaced from time to time) encumbering the leasehold, subleasehold and subsubleasehold estates, rights, titles and interests of Grove P\ATTOIUVt,Xau.IINAIWONrrSlIST -2- Marina Market, Ltd., a Florida limited partnership, Bayshore Restaurant Management Corp., a Florida corporation, and Monty's in the Grove, Inc., a Florida corporation, in and to certain property located in the City of Miami, Florida (with such mortgages being cross- collateralized and cross-defaulted). The consents granted herein to the financing for Monty's on the Beach and Monty's Downstairs shall not obligate the City or create any liability upon the City to Ocean Bank, its successors and assigns, or to any other person or entity. In granting such consents, the City has not agreed or consented to any lien or encumbrance upon its interest, or the interest of the Miami Beach Redevelopment Agency, in the lands and property that are subject to the Lease, or to their respective interests in the Lease. 12. This Certificate shall be binding on the City, its successors and assigns and may be relied upon by and shall inure to the benefit of Ocean Bank, its successors and assigns. IN WITNESS WHEREOF, the City has executed this Certificate at Miami Beach, Florida, on theA:...#tlay of December, 1998. Signed, Sealed and Delivered in the Presence of: CITY OF MIAMI BEACH, a Florida municipal corporation JJ!~:kJ};.,*~~~ ~ STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this IS day of December, 1998, by Sergio Rodriguez, as City Manager of the City of Miami Beach, who is personally known to me. ~/ZA- NOT Y PUBIC Name: My Commission Expires: P I.AT'l'OlUVLINAlJNA.\MONTYnBST ,.-;,~-:A;:r::~"" Ruth Rubl ,.,.l':!:"f;' [*:" "A MY COMMISSION # CC624373 EXPIRE~ ':.~~'" ....~/ Aprl125.2oo1 "'~.9f.,r.-.if.;" BONDED THRU TRDV FAIN INSURANCe, INC. -3- APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 14l!~ P!Yl!f Dosi EXHmIT "A" (The Miami Beach Marina Core Parcel) All of Lots 22 through 29, inclusive, and Lot 21, less the Southerly 40 feet thereofin Block Ill, of OCEAN BEACH FLORIDA ADDITION NO.3, according to the Plat thereof as recorded in Plat Book 2, Page 81, of the Public Records of Miami-Dade County, Florida; together with a 40-foot right-of-way on the Bay side of the Hope and Rebecca Tower property, (being Lots 15 through 20 and the Southerly 40 feet of Lot 21 in Block Ill, of OCEAN BEACH FLORIDA ADDITION NO. 3); TOGETHER WITH: The West 2 feet of Lots 15 through 20, inclusive, and the Westerly 40 feet of the Southerly 40 feet of Lot 21, in Block Ill, of OCEAN BEACH FLORIDA ADDITION NO.3, according to the Plat thereof as recorded in Plat Book 2, Page 81, of the Public Records of Miami-Dade County, Florida. , \A'l'TOIUV'LIN.UIA.\lrlONTYS2.JST ..4-