Professional Documents
Culture Documents
certain
impact to
Loews, the
proposed Agreement
contains
agreed
to
sum
15,OOO for
of$
attorney'
s fees and
and WHEREAS, in return, MBRI has agreed to reimburse RDP, in the amount
000,toward the costs incurred by RDP in connection with the improvements to the
of 72,
$
Easement Area; and WHEREAS,
it
is RDP' s
the Agreement; and WHEREAS, the Easement Area will remain restricted to construction access
and use during the above- described term and will be converted into a public pedestrian
accessway
once
the
improvements
are completed; and WHEREAS, the prompt execution of this Agreement will allow, according to
hundred and twenty ( 120)days off the
RDP,to save approximately one
developer' s
anticipated construction schedule;and WHEREAS, the
have
Administration
and
reviewed
attached
and amongst Miami Beach Redevelopment Agency, City of Miami Beach, MB Redevelopment, Inc.and
the
utilization of the 16th Street Public
RDP Royal Palm Hotel Limited Partnership, for
Pedestrian Easement Area for construction access to the Royal Palm Crowne Plaza Hotel site,for a
limited
time period during construction.
PASSED
12th
day
of
April,
2000.
J/
AS TO
FORM &
lANGUAGE
FOREXECUTION
11 MAYOR ATTEST:
to ~
t_
Ptu~APPROVED
Palm\l6th
St
CMBReIo.
doc
tf
MIL
C .;.
CITY OF
MIAMI
1700 CONVENTION
CITY HALL
miami- beach.
ci.
FLORIDA 33139 http:\\
CENTER
BEACH
DRIVE MIAMIBEACH,
us COMMISION
fl.
MEMORANDUM
NO. '
2'
Kasdin
and Members
Commission
of
the City
ROYAL
PALM
HOTEL
LIMITED
FOR
PARTNERSHIP,
THE
A LIMITED TIME
DURING
PERIOD
CONSTRUCTION. RECOMMENDATION Adopt the Resolution. BACKGROUND & ANALYSIS In connection with the
Ground
City of Miami
Agency ("
the
an Easement Agreement was executed that
("
Beach (" City"),
and MB Redevelopment, Inc.MBRI"),
access
with
pedestrian
provides the general public
over an Easement Area located along the
beach
southerly boundary of and within the Loews Hotel Property, immediately
Lease
Agreement
between
RDA"),the
of
the
at
16th
an which
way at 15th Street. Subsequent to the public' s negative response
ofthis proposal at the above referenced January 26 Commission meeting, the Administration
seek
the two
a
to
was directed to
of
renewal
thenegotiaons
betwen
negotiations, a License Agreement ( the " Agreement''), herein attached, has been
' the RDAlCity, as Owners, MBRI and RDP. The Agreement grants a
drafted to be executed by
license to RDP to utilize the Easement Area for construction related purposes for a period that
shall terminate on the earlier of (a) the issuance of a certificate of occupancy for the Royal Palm
(
March
Hotel or, b)
31,2001, plus sixty days for completion of the improvements to
The improvements to the Easement Area are to consist of decorative
the Easement Area.
Unlike
the 15th Street
interlocking pavers, landscaping, irrigation, lighting, and other decorative features.
access plan, the use of the Easement Area will have no impact on neighboring properties other than
the Loews Hotel. In order to minimize the impact to Loews,the proposed Agreement
contains certain
As
result of the
of MBRI' s scope, at
15,
000
for
attorney' s fees
sum
of$
its own expense and to compensate MBRI the
and costs incurred in the preparation of the Agreement. In return,MBRI has agreed reimburse RDP,
in the amount of 72,000,toward the costs incurred by RDP in connection
mitigation provisions.
RDP
has
with
mitigation,
the
security
Easement Area.It
and
fencing, as described in the Agreement. The Easement Area will remain restricted to construction
access and use during the above-described term and will be converted into a
public
pedestrian
according
accessway once the improvements are completed.The prompt execution of this Agreement will allow,
days
120)
to RDP, to
save approximately one hundred and twenty (
anticipated construction
schedule.
s
office have reviewed the attached License Agreement. The Administration recommends that the Mayor and the
Commission of the City of Miami Beach,Florida ratify execution of a License Agreement
by and among the Redevelopment Agency, MB Redevelopment, Inc and RDP Royal Palm
Plaza
Limited Partnership, for the utilization of 16th Street Public Pedestrian Easement Area for
Crowne
construction access to the
for
periodduring
Royal
Palm Crowne
Plaza Hotel
alimited
time
construction.LAL/
fc~
CH2\ ~ SYS\ DDHP\SALLWeundra\
C'f:
site,
RESOLUTION NO.
THE 16TH
construction
on
WHEREAS,
access needs;and
WHEREAS,
the Administration
coordinated
series of
of the Loews Hotel,
a
meetings to renegotiate the conditions of an agreement with the MBRI, the operator
and the RDP Royal Palm
Hotel Limited Partnership ("RDP"),the developer of the Royal
Plaza
equipment
and
deliveries,
for
Pedestrian
construction material
Easement
Crowne
and
construction schedule;
and WHEREAS, as
attached,
has
RDP;and
construction
2001, plus
31,
days
sixty
improvements
Area
are
WHEREAS,
related purposes
of
of
occupancy for
the
Royal
period
on
the earlier of a)
(
Hotel, or b)
( March
Palm
the
Easement
decorative features;
Area will
for a
Loews,the
proposed
and
WHEREAS, unlike
the
formerly
proposed
WHEREAS, in
order to
agreed
to
complete
the
in
MBRI
sum
its
and
attorney' s fees
in connection
it is RDP' s
for
of the Easement
of operation, rules and regulations,
mitigation,security and lighting, maintenance and fencing, as described
Area, including,
subcontractors
WHEREAS,
15,000
has agreed to
$
amount of 72,
000,toward the costs incurred by RDP
and all
of$
by the
to,the hours
pedestrian
accessway
once
will
Area
will
be converted
remain
restricted
to
into
construction
public
the
the developer'
s anticipated construction schedule; and
office
WHEREAS, the
Adminstration
have
reviewed the
THIS
Royal
2000.
If(!
Palm\16th 51
RDARe. o.
doc Chairman
ATTEST:
lwt
r
YeLLC.
lL'--'
Secretary
Attachment
CH2\
SYS\
DOHP\SALL\ AJexandrl\
TO
APPROVED AS
FORM &
it
opm~"
t
ge~
,
A.
niami Beach
ITY HALL
FLORIDA
Redevelopment Agency
ci.
miami- beach.
33139 ttp:\\
fl.
us REDEVELOPMENT AGENCY
NO.
MEMORANDUM
CO 2
Lawrence
Y-
Board of
the Miami
Redevelopment
Beach
Agency
A.
Levy ~Executive Director ~TO:SUBJECT:A
RESOLUTION OF THE
BEACH
REDEVELOPMENT
AGENCY
AUTHORIZING
THE
CHAIRMAN
AND
PARTNERSIllP,
ROYAL
PALM
CROWNE
PLAZA
HOTEL
SITE, FOR
A
LIMITED
RECOMMENDATION
connection
Agreement
between
the
Miami
RDA"), the
Redevelopment Agency ("
City of
the
Street,for the
parties. -?
I-
series of meetings to
schedule.
renegotiate
the
certain mitigation
agreed
of MBRI' s scope,
the sum of$
15, OOO for attorney' s fees
and
in the amount of
part
with
the improvements to
the
Easement Area. It is
and
its subcontractors and laborers fully abide by the conditions ofRDP' s use of the Easement Area,
including, but not limited to,the hours of operation, rules and regulations,
mitigation, security and lighting, maintenance and
all
term
Area
will
and will be
remain
converted
restricted to construction
into a
pedestrian
accessway once the improvements are completed.The prompt execution of this Agreement will allow,
according
to RDP, to
appr
o
xi
m
at
e
l
y
one
and
1
20)
days
save
hundred twenty (
off the developer' s anticipated construction
schedule.
s
office have reviewed the attached License Agreement. The Administration recommends that the Chairman
and the Members of the Miami Beach Redevelopment Agency authorize the Chairman
and the Secretary to execute a License Agreement with MB Redevelopment, Inc
Plaza
Limited Partnership, for the utilization of 16th
and RDP Royal Palm Crowne
Street Public Pedestrian Easement Area for construction access to the Royal Palm Crowne
Plaza Hotel site,
for
limited
a
timeperiod
duringconstruction.
LAL/
LICENSE AGREEMENT
151' day
AGREEMENT ( the " Agreement") is made and entered into the
of
tv.2000,
~ ' by and between MIAMI BEACH REDEVELOPMENT AGENCY, a
" CITY OF MIAMI BEACH, a municipal corporation of the
public body corporat and politic ( the Owner").
MB REDEVELOPMENT, INC.,
State of Florida ( the "City"),
a Florida corporation (" MB
LI
M
I
T
ED
PARTNERSHIP,
a Florida limited
Redevelopment"), and RDP ROYAL PALM HOTEL
THIS LICENSE
partnership ("
MB Redevelopment is the lessee of certain real property lying, being, and
A.
"
situated in Miami- Dade County, Florida (the Loews
Hotel Property") pursuant to that certain Agreement
of Lease entered into by and between Owner and MB Redevelopment, and joined in by the City to
Official
dated September 20, 1996 and recorded
in
the extent provided therein,
RECITALS:
RDP").
Ground
"
County,Florida ( the Loews
which MB
Miami
Hotel")
in the Easement Agreement) between Collins Avenue and the Atlantic Ocean beach
and within the Loews Hotel Property, a copy of which Easement Agreement
along
C.
attached hereto and made a part hereof as Exhibit A.
RDP is the lessee of the
the
Loews Hotel Property (the "
of
that certain real property located immediately to the
south
Crowne Plaza Hotel Property"), pursuant to that certain Agreement of Lease entered into by and between Owner and RDP,
provided therein, dated October
in by the City to the
and joined
extent
21,1997 and recorded in Official Records Book 18170, Page
893,of the Public Records of
is
Miami- Dade
things,
in
Lease"),pursuant to which
RDP
Royal
D.
of Crowne Plaza Hotel, RDP, the Owner, and the City desire that RDP
be granted a license to utilize the Easement Area for certain purposes related to the construction
of the Crowne Plaza Hotel, and the Owner, the City,and MB Redevelopment have agreed to
To facilitate the construction
the
grant RDP
and
suficency
terms
I.
herein
as
if set
Incorporation of Recitals.
forth in full.
License.
2.
O~ er,
are
grant
incorporated
a license to
RDP
to utilize the Easement Area for certain purposes related to the construction of the Crowne Plaza
Hotel,subject to the terms and conditions of this
Agreement.
3.
Term. The term
as hereinafter
Plaza
Hotel or
period
(
for
b)March
completion of
the
Improvements (
as
described in Section 7(
d),
below.4.Permitted Uses of Easement Area. During the
for
the purpose of deliveries and unloading of material,
RDP
may
the
Easement
Area
Term,
solely
utilize
equipment, and personnel to
and from the Crowne Plaza Hotel Property. The Easement Area may not be used
e.,
30 p.
m.)parking
RDP
and/
or
agents
after 7:
by
its
for overnight ( i.
storage.
Agreement,
terminate without
further notice
or instrument.
Owner and
the City acknowledge that RDP' s use of the Easement Area pursuant to this Agreement will necessarily result
in the public not being able to use the Easement Area during the Term hereof, and
that this Agreement constitutes a temporary closure
of
engaged
Group, Inc. as
its
Easement Area for their respective purposes. 5.Rules and RelZUlations. During the
Term, the following policies will govern RDP' s use of the Easement Area, with such policies subject
sole discretion, any
to reasonable nonmaterial change from time to time at MB Redevelopment' s
use of the
such changes to
be
effective upon
GC may
days' prior
seven ( 7)
utilize
the
Easement
Area
30 p.
m.,seven (7)
days per week. No exception to this timeframe will
7:
be permitted. However,
subject to RDP obtaining approval from the City (in its governmental as
opposed to proprietary capacity), RDP may utilize the Easement Area for early- morning concrete pours on
Monday through Friday only. In addition, MB Redevelopment reserves the right, at its sole discretion, to prohibit RDP' s use
in order to operate events or
of the Easement Area for hours and days as may be necessary
conditions: (A)If the use of the
maintain the Loews Hotel Property,subject to the following
will be for two (2)hours or less, then MB Redevelopment shall give RDP at
Easement Area by MB Redevelopment
If the use of the Easement
five
(
5)
days'
prior
written notice; and ( B)
least
Area
by
10) days' prior written notice ( it being acknowledged that MB Redevelopment may
consecutive hours); and ( C)In any event, for
eight 8)
(
not utilize the Easement Area for more than
use
any such use by MB Redevelopment, RDP will
good faith commercially reasonable efforts to
to
accommodate a request by MB Redevelopment even if minimal notice is given by MB Redevelopment
to
RDP. In addition, RDP will use good faith commercially reasonable efforts
accommodate a request
by Owner and/ or the City for access to the
at
least ten (
Easement Area. If RDP and/ or the RDP GC utilize the Easement Area at any time or times other than
as expressly permitted in this Section 5.i without MB Redevelopment' s prior written approval, then RDP
shall
pay
to
MB Redevelopment. as
not
as
OF VIOLA
penalty,
nONS AMOUNT
OF
LIQUIDATED
46
-
DAMAGES
times
times
9 10
times 500. 00 per occurrence 1 000.
,
00
per
occurrence
times
3,
000. 00 per
occurrence 5,000.00 per occur ence IfRDP and/or the RDP GC violate the permitted timeframesmore than ten (
10) times, then RDP shall be deemed to be in default of this Agreement, and MB Redevelopment,
the Owner, and/ or the City,as the sole remedy, shall have the immediate right to terminate
this Agreement without the necessity for providing RDP with any notice and/ or cure period.
It is hereby agreed that MB Redevelopment' s damages may be difficult to ascertain and
that the amounts set forth above constitute reasonable liquidation thereof and are intended not as
a penalty, but as liquidated damages. MB Redevelopment will notify RDP promptly upon MB Redevelopment
becoming aware
of any such violation of the permitted timeframes. The liquidated damages payable pursuant to
this
Section
5.
i are
of
payable by
written
notice
RDP
within thirty (
30) days after RDP'
Mitigation Program: RDP
shall implement
and
maintain,at its
expense,
the
Term
Prohibition of tower
to address dust, debris, and noise impacts upon the Loews Hotel: a.
cranes (not to include boom swings)over the Loews Hotel Property other than the Easement Area (however,
RDP acknowledges that the portion of the Loews Hotel Property adjacent to the Easement Area
is
utilized for,among other things, beach cabanas and the children' s camp,and RDP
b.Installation of safety
shall operate its tower cranes in recognition of those facts).
fencing
and toe boards adjacent to RDP' s construction on the southern border of
the Easement Area to the extent necessary to
meet
OSHA requirements. c.Minimization of music or noise disruptive to guests
of the Loews Hotel but
( music shall be prohibited in
the
Easement
e.
minimize
noise, and all vehicles in the Easement Area shall be manned, such that the vehicles can
be
promptly
moved.
f.
Any
Area located
and
Security
access
reading and unloading by RDP shall occur only on that portion of the
east of the loading dock at the St.Moritz portion of the Loews Hotel.HI.
onto the
Lighting:
RDP
shall, at
Easement Area at
its
MB Redevelopment
Easement
which
Redevelopment
liable to RDP for any damages with respect thereto. In addition, RDP, at its expense,
shall also maintain the same security lighting for the Easement Area as exists as of the date hereof,
and in any event RDP shall comply with any Florida Department of Environmental Protection requirements
shall
be
RDP' s
RDP, at
its
maintain the
daily
access to
basis. RDP,
Entry
v.
onto
at
enter
as
vi.
Security: RDP, at its expense, shall install an unmanned security gate along the east side
dock
at the St. Moritz portion of the Loews Hotel. The exact location of this
loading
gate as well
its design and fimction is subject to the prior written consent of MB Redevelopment.
of the
as
6.
Construction of Fence. RDP, at its expense, shall install, no later than
thirty (
30)days after the date of this Agreement, a
temporary six (6')foot- to-eight (8')foot high
chain link fence along the north side of the Easement Area, at a distance from the western
access gate
and continuing along the northern border of the Easement Area to the Loews Hotel' s existing pool gate. The
exact location of this fence as well as its design and fimction is subject to the prior
written
consent of MB Redevelopment. RDP, at its expense, shall maintain this fence in a first-"
class"manner, because the
from
the
or notice from
Completion
RDP'
Easement
MB
Redevelopment. 7.
Area (including, without limitation, walls. curbs, walkway, interlocking pavers, paving,
landscaping, irrigation, lighting, and decorative features)collectively, " Improvements"),as more particularly described in Exhibit
hereof (the "Improvements Plans and Specifications").
B,attached hereto and made a part
RDP
wil
hereinafter defined) of the Improvements, in a good and workerlike manner, and consistent with the
level of quality for luxury hotels, no later than the expiration of the Term ( the " Substantial Completion
RDP hereby provides MB Redevelopment with a one (I) year warranty for the
Deadline").
Improvements, such that, fOr a period of one ( I) year from the date of Substantial Completion, RDP
covenants to repair or replace ( if needed) any defect in material or workmanship of the Improvements.
Any improvements
to
previously
constructed
by
MB
Redevelopment
and/or LMB are excluded from the scope of work of the Improvements required to be constructed by
RDP pursuant to this Agreement. As of the date hereof, to the best actual knowledge of MB
Redevelopment. there
water line and a drain
are no
underground utilities
a two (
2")
inch
b)As part of
Notwithstanding
the foregoing, in connection with the Improvements,
c)
RDP 7
$2, 000. 00 towards the costs incurred by
MB Redevelopment wiH reimburse
be paid
amount
wiH
the
I
m
pr
o
v
e
ment
s
.
RDP in
connection with
to RDP within
Such
30) days after Substantial Completion ( as defined in subsection (
thirty (
Area).
below) of the
Improvements.
If
d)
In
that each such day' s Liquidated Damages accrue.e)
if
as
addition to RDP' s responsibility to pay the Liquidated Damages
described above,
RDP fails to achieve Substantial Completion of the Improvements by the Liquidated Damages Deadline, then
MB Redevelopment shall have the right, upon written notice to RDP, to cause Substantial Completion of the Improvements (
by or through the RDP GC or otherwise), and any and all costs and expenses
Redevelopment in effecting such Substantial Completion shall be paid to
incurred by MB
thirty (
MB Redevelopment
within
thirty (
date
t) For purposes of this Agreement, " Substantial Completion" shall mean that ( i)
Improvements shall have been completed ( free of construction liens) substantially in accordance with
Improvements Plans and Specifications, ( ii) a certificate ( certified to MB Redevelopment and
Agency
on
that
the
the
the
the standard AlA: certification form) shall have been obtained from the either the architect
the Improvements Plans and Specifications or RDP' s architect of record for the Crowne
prepared
substantially stating that the certifying architect has examined the Improvements Plans and
Specifications and that, in its professional judgment, after diligent inquiry, construction of the
Improvements has been Substantially Completed in accordance with the Improvements Plans and
Specifications and, as constructed, the Improvements comply with all applicable Requirements ( as
hereinafter defined), and ( iii) all of the Improvements shall have been issued certificates of completion
and/or occupancy. " Requirements" means any and all laws, constitutions, rules, regulations, orders,
ordinances, charters, statutes, codes, executive orders, and requirements of the United States of America,
the State of Florida, the City of Miami Beach, Miami- Dade County, the Agency ( in its governmental as
opposed to proprietary capacity) and any agency, department, commission, board, bureau,
instrumentality or political subdivision ( including any county or district) of any of the foregoing, now
existing or hereafter created, having jurisdiction over MB Redevelopment or over or under the Loews
Hotel Property or any portion thereof or any street. road, avenue or sidewalk comprising a part of, or in
front of, the Loews Hotel Property, or any vault in or under the Loews Hotel Property, or airspace over
the Loews Hotel Property ( including, without limitation, any of the foregoing relating to handicapped
access, the Building Code of the City and the laws, rules, regulations, orders, ordinances, statutes, codes,
and requirements of any applicable Fire Rating Bureau or other body exercising similar functions); the
temporary and/or permanent certificate or certificates of occupancy issued for the Loews Hotel Property
C.
9 276(a)),
40 U. S.
as then in force; and the requirements of the Davis- Bacon Act (
if applicable,and the requirements of the City of Miami
Plaza Hotel
of
this
Agreement (
whether
by default or
and
times
remain vested in MB Redevelopment.
8.
In
Liens. a)
of
applicable Requirements. b)RDP shall promptly pay for all materials supplied and
work done in respect of the Improvements to the Easement Area so as to ensure that no lien is
recorded against any
portion of the Loews Hotel Property ( including, without limitation,
the Easement Area)or against MB Redevelopment' s interest therein. If a lien is so recorded, RDP shall
to
comply with
all
it promptly by payment or bonding. If any such lien against the Loews Hotel Property or
MB Redevelopment' s interest therein is recorded and not discharged by
RDP as above required ' Within
Redevel
o
pment
shall
ten (10)days following written notice to RDP, MB
have the right to remove such lien
discharge
by
bonding
RDP
e.
costs
wil1 immediately
repair or cause
to
repair
any
damage
to
Property
through,
or under
RDP
shall be
paid
and/
or
by
to
or the RDP
right,
or
GC
but
not
of
the same. Notwithstanding the foregoing provisions of this paragraph, RDP shall not be
responsible for repairing or restoring any damage to the Easement Area or the improvements located therein
or thereon including, without limitation, any fencing) caused by the acts, omissions, or negligence
of MB Redevelopment, LMB, the Owner, or the City,or their respective agents, employees,
contractors. 10. Indemnity. RDP shall indemnify and hold the Hotel Owner
or
Indemnified Parties ( as defined in paragraph 4 of the Easement Agreement) harmless from all loss,
cost, liability, claim, damage and expense (including, without limitation, reasonable attorneys' fees
and disbursements), penalties and fines, incurred in connection with or arising from any acts, omissions or negligence
of RDP or any person or other entity claiming through or under RDP in.about,or concerning
the Easement Area, or arising in any way out of RDP' s responsibilities under this Agreement, except to the
extent any of the foregoing is caused by thegross negligence or wil1ful misconduct of any of
the Hotel
employees, or
paragraph
Owner
Indemnified Parties, or
the
Owner,
the
contractors. RDP
damage and
City,or their
Owner
respective agents,
Indemnified Parties ( as
defined in
is
or
or
Owner
Indemnified
Parties,
or
or
contractors.
contractors.
Easement
Agreement), nothing
RDP
Indemnified
Parties (
is
contained
in
this
the
expiration of the
Term
or any termination
of this
Agreement.
II.
Insurance.
RDP (
at
RDP'
of
Insurance
as
to terminate this Agreement without the necessity for providing RDP with any
shall pay on demand to MB Redevelopment, the Owner, and the
award
to the
this
of
the essence of
Agreement. 15.
Notice. Unless otherwise provided herein. all notices and
or are required to be given or made by any party hereto in connection with
to
MB
Redevelopment:
MB Redevelopment, Inc.Loews
Miami Beach
Hotel General
Manager 1601 Collins
Miami Beach, Florida
Avenue
33139 and:
Loews Hotels, Inc.667
Madison
Avenue New
Secretary if
to Owner
and/or
the City:Miami
Beach Redevelopment Agency
Executive
Director
1700 Convention
Center Drive
Miami Beach,
Florida 33139
with a copy
Miami Beach
to:
Redevelopment
1700
of
Miami Beach
copy
to:City
RDP
If to RDP:
c/ o
Royal
Partnership
Corporation
Suite 4650
Madof,
Miami. Florida 33131 Attention: Mr.Richard A.
Senior
Vice
President with
copy to:
2101
NW
Wisconsin Avenue,
Washington,
C.20007 Attention:Mr.
D.
and
Development Director
A.
Bruch,
license
granted
expressly set forth herein, this Agreement constitutes a revocable license and shall not
lease or an easement. This Agreement shall not be construed as creating a
interest or grant. RDP agrees that it does not and shall not claim at any time any interest
kind or extent whatsoever in the Easement Area by virtue of this Agreement or its
be construed as
coupled with an
estate of any
license
or
s and City' s
Governmental
Capacity. Nothing
in
any
power.18.
Remedies Cumulative. Except for the liquidated
set forth in Section 5.
each right and remedy of either
damages provisions
i and Section 7(
d),
party provided for in this Agreement shall be cumulative and shall be in addition to every other right or remedy
provided for in this Agreement, or now or hereafter existing at law or in equity or by statute or otherwise, and
the exercise or beginning of the exercise by a party of anyone or more of the rights or remedies
provided for in this Agreement, or now or hereafter existing at law or in equity or by statute or
otherwise, shall not preclude the simultaneous or later exercise by such party of any or all other rights or remedies
provided for in this Agreement or now or hereafter existing at
of its
police
or governmental
may
be
original but
all of which together shall represent one instrument. 20.Successors
The
agreements,
terms, covenants, and conditions herein shall be binding upon,and insure to the benefit
and Assi""".
of,
Owner,the City,MB Redevelopment, and RDP, and,
except as
their
respective
successors
and
No
assigns. 21.
Recordimz.
hereto or
any memoranda
hereof
to be recordedin any
Public
Records. 22.
MB Redevelopment, the Owner, and/or the City excuse or condone any default by RDP of
under this Agreement, this shall not be a waiver of such obligation in respect
If
of
any continuing
No Waiver.
any obligation
23. Severabil ty. If any provISIon of this Agre ment is held or rendered illegal
or unenforceable, it shall be considered separate and severable from this Agreement and the
remaining provisions of this Agreement shall remain in force and bind the parties as though the illegal
unenforceable provision
or
had
Agreement. 24.
Entire
agreement
Agreement:
this
to subject matter of
the
Easement
the parties. 25.Captions: References. The captions of this Agreement are for the
purpose of convenience of reference only, and in no way define,limit or describe the scope or intent of this Agreement
or in any way affect this Agreement. All references in this Agreement to
hereunder," and words of similar import shall refer to this Agreement, as distinguished
Section
within
the
from
the paragraph or
which such
term is
in accordance
City hereby acknowledge and agree that, Loews Corporation' s Completion Guarantee shall no longer
be applicable to the completion of the Improvements to the Easement Area, and that for all purposes, the
as used in the Loews Corporation Completion Guarantee shall not include
term Project"
"
the Improvements pursuant to this Agreement or any other work in connection with the Easement Area,
and that Loews Corporation is hereby released from any and all obligations under the Loews
Corporation Completion
necessary
to
of Loews Corporation
29.
Attornevs'
to
for
000.
of $15,
incurred by
00
MB Redevelopment
and
consummation
a "
Dispute")shall be resolved by expedited arbitration
as provided in this Section and the Commercial
administered
by
the American Arbitration Association (" AAA")
Arbitration Rules of
the AAA the "AAA Rules")in effect as of the commencement of the
applicable arbitration proceeding, except to the extent the then current AAA Rules are inconsistent with the provisions
of this Section, in which event the terms hereof shall control.The arbitration shall be governed
Agre ment,
or
by the United States Arbitration Act and the Florida Arbitration Code to the extent the Florida Arbitration
in
Arbitration
Act
judgment upon
be entered
b) Florida.
be
any
in
conducted
1)
arbitrator in
selected
in
arbitrator shall be
which
arbitrator
shall
have had
experience
award
of
by a statement of the
reasons upon which the award is based. The arbitrator shall not have
the power to modify this Agreement. The arbitrator shall have the power to require the termination of
this Agreement
for an uncured default by RDP hereunder. The arbitrator shall have the right to award
to the prevailing party its costs and expenses incurred in such arbitration, including reasonable
attorneys' fees. The award may not include, and the parties specifically waive, any award of punitive damages.
The fees and
to
this
t) The parties will cooperate in the exchange of documents relevant to any Dispute.
Deposition or interrogatory discovery may be conducted only by agreement of the parties or if ordered by
the arbitrator. In considering a request for such deposition or interrogatory discovery, the arbitrator shall
take into account that the parties are seeking to avoid protracted discovery in connection with any
arbitration proceeding hereunder.
requires
If a party determines that a Dispute presents such party with an extraordinary situation that
g)
it to seek emergency provisional relief prior to the appointment of the arbitrator who will
Dispute, it may seek such emergency provisional relief from any court having jurisdiction;
however. that ( i) in order to obtain any such relief, the court shall determine that such party has
determine such
provided,
met any applicable standards imposed by the law applicable to the relief requested with respect to such
party's rights to such relief and ( ii) such relief may only be sought and obtained on the condition that any
order entered by the court will expire ten (
10)days after the appointment of the arbitrator unless the
party that sought the order renews its application for emergency provisional relief to the arbitrator within
such
ten (10)day period,which arbitrator shall then make de novo any findings of fact that may be
required in ruling on such renewed application. The prevailing party in such court action for
emergency provisional relief shall be entitled to recover its costs and expenses incurred in such litigation,
including reasonable
atorneys
fees. 3 I Interest
.
pursuant
of a)
( the prime rate in
to
not
when
then
have
City,
or
timeat
an established
prime
shall
bear
Any
interest
N.A.
or
(
The ChaseManhat an Bank, N.
or
the
prime rate of any major
rate;
Citibank.
shall
in
be
in
New
York
existence
have
and remedies
below, of
the following
to
provide a letter
addressed
City,and
such payment and performance bond issued in connection with the construction of the Crowne Plaza Hotel has been amended
to reflect that RDP and the RDP GC are responsible for the Improvements to the Easement
Area
and
that
construct the
of such letter
Improvements
to
from
the
RDP
GC shall
If the condition precedent set forth above has not been duly and timely satisfied as provided
above, for any reason whatsoever, then MB Redevelopment, the Owner, and/or the City may elect to
terminate this Agreement by written notice to the other parties, whereupon this Agreement shall be
deemed to be void and of no further force or effect and the parties shall be relieved of all further
to terminate this
obligations under this Agreement. However, if any of the aforementioned parties elect
within ten (
10)days
Agreement and RDP then satisfies the condition precedent set forth above
force or
of
no
further
be
void
and
termination
shall
after delivery of the termination notice, then the
effect, and this Agreement shall continue in full force and
Redevelopment, in its sole discretion, may elect to allow RDP to utilize the Easement
Area prior to the satisfaction of the condition precedent set forth above; provided, however, that such
and/ or
election by MB Redevelopment shall not be deemed to waive MB Redevlopment' s,the Owner' s,
set
forth
above
precedent
above
the
condition
the City' s right to terminate this Agreement as set forth if
effect.
has
MB
and timely
satisfied
as provided
above.33.Amendment
Permits. a)RDP, at its expense, shall use reasonable efforts to cause the City ( in
governmental capacity) to amend,
within thirty (30) days after the date of this Agreement,i)(
Redevelopment' s building permit for the Loews Hotel to reflect that the Improvements to the Easement Area
of
its
MB
of
the
to be
work
building
permit.
the Improvements
to the
s coastal construction
permit,
under RDP'
s
of
amendments and/ or
obtaining
construction of the Improvements. In any event (whether or not such permits are amended), RDP, at its
expense, shall be responsible to comply with any and all obligations arising out of such permits as well as any
and all other permits,licenses, and approvals obtained or to be obtained in connection with the
Improvements
to the
begin
on
parties
as
of the
By:
11
/ Gt"
cL:
oCl eLLL\.
Secretary
Parcher
\~
By:rtIJ
Neisen
Robert
FLORIDA ss:APPROVED
AS TO
FORM &LANGUAGE
FOR
1JIJ!
OF
EXECUTION
1 F/'
t.
t>,_
pl~
L/ fl,
GIneral C<
ullIII COUNTY
th,
mentAgll lCJ 'DIiIlt
before
OF
f2
y 71
11 dez- I I om
4'
Florida
as identification.
OF
NO.CC832806
FLORIDA
COMMISSION
driver'
s
Notary ~
licenses
Print Name:
te OfFlt6
c,~
r '
I -
rZ
Florida limited
partnership
By:
Florida
corporation,
General Partner
as
ATTEST:
JY~
BY~
By: ~~
N~
e: ~ -
Secretary
Title:
P,..""
V,,,,,
STATE
1
A~+OF .~/,
t COUNTY
ss:
C,.
OF
J',
The
I.
of
day
foregoing
I.
by
2000"
r. /,/... ,- - '. ,-
Secretary, of PADC
HOSPITALITY
before _..
me this
L -!
CORPORATION
'.'
,I,as
and
on behalf
as
a Florida
I,
corporation,
such
ARmERSHIP. a
Florida
personally known
or
produced
as identification.
St,!!
le
Name: I
'. <.: /
b/
1/Notary
/ ~
I
Public,
//_/~"",,'~_.
of -'-:C
/,'" ",'.
"
commission
r My
./
expires:OFFICIAL
KNOXNOTARY P1lBLIC Sf
NOTARY SEALTERRY
ATEOf FLORIDA COMMI5Sl0N NO.
lION EXP.
MY.COMMJS!
CC854013
TuLY
12
LIMITED
of
P
to
"
Exhibit A
MI982230.
0S3
EXHIBIT
Fc: I
7362rro I
09 PREPARED BY AND
TO BE RETURNED
TO:
O.
45 HARVEY RlJVIM, CLERK
DADE COUNTY, Fl KOLLEEN
O.
COBB,
P.
ESQ.
HUGHES HUBBARD &
1996
15:00
96R429263
SEP
23
DOCSTPOEE 0,60 SURTX
REED LLP
2500 Miami, Florida 33131 EASEMENT AGREEMENT
201 South Biscayne Blvd.
Suite
"
' J day
THIS EASEMENT AGREEMENT ( the Agreement")
is made this U
a
public
body
Beach
Agency,
of 1996 by
Miami
the Redevelopment
corporate and politic ( the "awner")
and the City of
Miami
Beach,
a municipal corporation of the State of Florida ( the "Cltyj.RECITALS: A. OWner is
the fee simple owner of the real property described in exhibit A attached hereto
and made a
part
B.MB
the
more particularly
described in
the "
In
consideration
the City
exhibit
B,attached
E..ement Are. j,
on the terms and conditions hereinafter set forth. D.
of the creation of the public pedestrian access to the beach,
has agreed to provide appropriate maintenance and
security
for the Easement Area, on the
forth.E.Hotel
terms
conditions hereinafter
OWner consents to such easement on the terms and
of
ten
($
10. 00)
consi
d
er
a
t
i
o
n
the
NOW,
THEREFORE,
in
payment
forth.
of
dollars and other good and valuable consideration, the receipt and sufficiency of
set
whichare
hereby acknowledged,
m: I
7362r(
o II
0 1.Grant of Easement. Owner does hereby grant and create, for the
exclusive easement
forpedestrian
non-eommercial
nonpublica
,
benefit of the general
access over the Easement Anla_JJntil the termination of the easement described herein pursuant
to the terms hereof, subject to Hotel Owners use of the Easement Area for
all lawful uses not inconsistent with the purpose of the
fol wing purpcses: ( i)
the
easement described herein or the Ground
Lease fer 10 long as the Ground Lease is in full force
and effect, ( Ii)
use of the Easement Anla in connection with the ownership, use and
operation of the Hotel or any of the facilities thereon, including, but not limited
trash
removal;
the beach. 2.Maintenance. Owner and the City, at their sole cost
and expense, shall be required to maintain, repair, replace and restore any improvements
located in the Secured Area ( as hereinatler defined) in good repair and condition which includes,
All repairs and replacements made by the
but is not limited to, garbage removal daily.
to
or Owner
of the improvements
shall
Owner
the foregoing
promptly atler notice of the same. Notwithstanding
provisions of this paragraph 2,neither Owner nor the City shall be responsible for repairing
or restoring any damage to the Easement Area or the improvements located therein or
thereon caused by the acts, omissions or negligence of Hotel Owner. The repair or resto':
1tion of any such damage shall be'performed at the sole cost and expense of Hotel Owner.
If the Hotel Owner fails to make such repair or restoration for such damage, the Owner
shall have the
right, but not the duty, upon thirty (30)days' prior written
notice, to make such repairs or restoration, and the cost thereof shall be paid by
Security. The City,at
Owner promptly after notice of the same. 3.
its sole cost and expense, shall be responsible for providing police protection for the Easement
Area to the same extent as
Hotel
the City provides police protection to the surrounding area. Notwithstanding the
that portion
foregoing, Hotel Owner shall have the right to control access in and to
of the Easement Area described in Exhibit 0 attached hereto and made a part hereof (
the "Secured Areaj atler sundown and before sunrise by locking and unlocking all of the fences
and gates installed as part of the improvements in the Easement Anla,subject to the City' s right
to open such
fences or gates from time to time for governmental
purposes. The City and Owner acknowledge that Hotel Owner
hasunlimited
access
m: I
7362f( )
III
Indemnity. The Owner and City shall indemnify and hold the Hotel Owner
Indemnified Parties ( al defined in the Ground Lease for "Tenant Indemnified Parties" with
the references to "Tenant" in IUch definition being, for purposes of this paragraph
"
OWner")harmless from all loss, COlt, liability, claim, damage
4,
references to Hotel
and expense ( including, without limitation. reasonable attorneys' fees and
disbursements), penalties and fines, incurred in connection with or arising from any ads,omissions
or negligence of the Owner or City made in its or their proprietary capacity or any person
or other entity claiming through or under the Owner or City ( in their proprietary capacity
only) in,
about or conceming the Easement Area,except to the extent any of the foregoing
is
negligence
Owner Indemnified
Parties.Pursuant to the preceding paragraph, Hotel Owner shall indemnify and
hold the Owner Indemnified Parties ( as defined in the Ground Lease for Owner
.
loss,
liability,
Partlesj
harmlesa
from
all
damage
Indemnified
cost.
and expense (
claim,
including, without limitation, reasonable attomeys' fees and disbursements), penalties and
fines, incurred in connection with or arising from any ads,omissions or negligence of
Hotel Owner Indemnified Parties, in,about or concerning the Easement Area, except to
the extent any of the foregoing is caused by the groll negligence or willful misconduct of
any of the Owner Indemnified
Parties. The indemnities described in this
this
Agreement 5.Easements and Covenants Run with
the Land. Each and all
of the easements, covenants, obligations and rights granted or created under the terms
of this Agreement are appurtenant to the Property and the Easement Area.
The provisions hereof shall run with the land, shall be binding on and shall inure to the benefit
to paragraph 7,below,
of the parties hereto and the general public,and, subject
may be waived or modified only by written instrument executed by the parties
in
recordable form. e.
Performance at Each Party' s Sole Cost and
Expense. Unleu otherwise expressly provided in this Agreement, when either party exercises any of
its rights, or renders or performs any of its obligations hereunder, such party shall do so at
its sole
described
m: I
7362rro
112 aUlQmatically tenninat8 and be of no further force or effect. including, but not limited to,
the tennination of the rights of third parties. At the Hotel Owner' s request, the Owner and
City will execute such documents, in recordable fonn, as necessary to reflect such
tennination. IN WITNESS" Mi'EREOF
first above
this Agreement
By:
By:_~
AGENCY
Secretary
r
r~
Robert
AT EST:
Parcher
Gelber
n I
BEACH
By: ~
ATTEST:
p~
Robert
City
Parcher
Clerk
By FORM
APPROVEDREDEVB.
OPMENT
AGENCY GENERAL
CO~
E1.
Gelber
H3A6
DateMI-l 82e10.
0718117/
By,
9/
Date
I/~~
iVc: '
7362f({)
113 STATE OF
FLORIDA
ss:
COUNTY OF
The
day
fOregoing instrument was acknowledged before me
this .....:::.....
as
Robert
Seymour
Gelber,
by
Chainnan,
and
of 1996,
Parcher,
as Secretary, of the MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate
and politic,on behalf of such public body. They are personally known to me or produced
valid Florida driver' s licenses
DADE
My commissio
DoObla,'~Notary Public~ State
3J)
Fa
.
Prin,
t
Name: '
of
C ,; :
2-+
as identiftcation.
b~
ctdrv 1L
STATE
OF FLORIDA ) sa:
COUNTY
The
DADE )
~ foregoing instrument was acknowledged
before me
of 1996, by Seymour Gelber, as Mayor, and Robert Parcher,
this ~,day
.
as City Cieri<,
of t e CITY OF MIAMI BEACH, 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'
OF
licenses
c
. e~\~
identification. dd~
Notary Public,State
Ab
c.
comminionexpi,...:
My
9f lj9ri9a
}~
Name: \', ~
as
7362pro
m: I
CONSENT MBREDEVELOPMENT,
foregoing Easement
INC.,hereby
the
Agreement MB REDEVELOPMENT,
INC.
By:
w.
secretary STATE OF
FLORIDA
as identification. COUNTY
ss:
e
of
foregoing
instrument
wa~
before
A cknowledged
,
corporation.
They
commission expires:
are personally
OF
DADE
zA.b
Co
My
thv.'&
~fda:
as~'
INC.,
MB
REDEVELOPMENT,
known to
me
1'
1~
u' Jj N~
tary
boo ().
o, PnntName: C I,
ffz t
//
cc;/
3cf)
me
If"- ,
Pr-'
I
1996,by7~
Q.k..-?
l./
a~Secretary, of
ftv),and~ l"
Public,
~ of.FJorid
ta.,
I
116
7362rtO
EL
P C""
I 2. 17
BEACI- t,
ACCOROlNG
S~
LINE
2. OF'
SAID
ISMER' S F' IRST SUBOlVISION or
BLOCK 5S.f:'
ALTON BEACH. AS TO
LOTS 2
17,SAID PROPERTY
NIJ
WAY "l.
SO BE DESCRlSED AS
LOTS2 .....
0 17,
ESS THE NORTH 21.
l.
3 F'
n..EREOF.
EET
IN BLOCK 55.l.
"
TON BEACH f:'
ISMER'
lRST
F"
WITH
ROTLL ~[
GAL OESCilP110R
117
I 7362PrO
PARCEL
g:
III'
NORTI- l
LOTS
3 15
~
21. 3 F'EET <.s lolEASURED
NlOTHE
LINES) orLOTS
AloONC
LOT
2 ~17. BLOCK 5~.
F'ISIlER'S
TON
BE.cH.
rlRST SueDlvlSION OF'
s . riLED
Alo
cCOROlNG TO THE PL"' T TIlEREOF'
PAGE 77,
OR RECORO
T Bool<2.
F'
IN
Pl...
OF'
THEPuell<:
OF' DADE COUNTY. F' LORIOAlTOGETHER WITI- l:
RECOROS
TH...T
CERTAIN PARCEL
OF'L.
AND L
TOTHE
VING E.
sT OF' NlO ADJ. cENT
LNlODESCRIBeD.- eOVE; SAID
LANO
LINE OF' THE .BOUNCED ON TI- lE SOUTI- l BY
THESOUT""
EXTENOEDE.
eOVE DESCRIBED PARCEL
sTERL Y BOUNOED ON THE NORTH BY TILINE: OF' THE -' SOVE
lENORTH
DESCRIBEDPARCEL
EXTENDED E.sTERL Y BOUNOED ON THE E.
sT BY
THE lolENl HIGH WATER LINE OF
THEATLNlTIC
OCENl ~ BOUNOED ON THE
WEST
BY
THE
E.
sT
SAlO LOTS
LINE OF'
2 ANO
IV: LOTS
3AFOREloNT.IOED. PARCEL
9.
~
10. 11. 12 NORTH
V, OF LOT 8 ANI) THE NORTIlV, OF LOT 13, BLOCK 5e
OF F'ISHER'
S F'
IRST
SUBDIVSIONOF' Alo
TONBE.
cH F'
LORIOA.. to
SUBDIVSIONIN
tl, SECTION
R.
34. TOWNSHIP
F'
cTION,
53 SOUTI- l.
RANCE 42 E.sT.cCORDING
.
TO
THE
PLAT
a.
Q,\,
I
~"--
tf:
JI~
PARCE~
1......
7362no
118
BECIN INCAT
t''
l....".;;......'
..."'''''
TI-tE
OF'
LOT
10.
BLOCK
IN
56 ~
DIRECTION AlONG
10, IN BLOCK 56, PROOUCED EASTERLY.
TO THE: POINT or BEGINNNG.
or
LOTS 8 ANO IJ IHJ AlL OF LOTS
7ANO.
I.,
LESS TME SOUTH 12. 6~
EET OF'
F'
S~
LOTS 1 AND 14.
TOGETMERWITM
TM"T PIECE OF'
PARCEL OF' L. ANO LYING BETWEEN THE: NORTM . AND SOUTM BOUNDARIES or SAlD PROPERTY
EXTENOlNG EASTWARO TO THE: ATLN' lTIC OCEAN. All.
LYINC AND BEiNG IN
BLOCK ~ 6,
or F' ISHER' S F' IRST SUBOIVISION
OF
AI.
TM[ SOUTM
LINE
TON
OF LOT
SOUTH
Yl
BEACM.
TO
m: I
736zrrQ II
9 Exhibit
B Legal
MIlllS2810.
071l f171 18
736ZfrO I Z I
m: I
portiOIl of Lou
south line of
a10llg
7,more
saidLou
and 14
the erosioll
distal ce of 25.
60
THENCE
1. 85feet to
bearing
of
POINT OF
said para1lellille
a radial
and the
South
poillt
a poillt
88.00'
49"West
40";
East and
South 17.
06'
to
a radius
concave
00'49" East,
a10llg said
erosion
distance
to
228. 50 feet;
on
conaolline. a
of
the
THENCE
North.having
Weste. rly
and
through
poillt of revene
32 feet and a
feet to
of
to
the
feet
to a
right
poillt
reverse curvature
with
East
of9.
adistallce
m: I
7362no
122EXH'11l1T "('''"
DESCRIPTION OF IMPROVEMENTS
INCLUDING PLANS AND SPECmCATIONS
DIU WTN't:
A.ND ~PJ:CD'I~...
TlnNS
aIId Auociafn -
brope
l....
Architec1S1.
)
Rarttu_,.
L4
Soulb_
Layout!
24, 1996 L5
dated
Materials
Southeast
Hardscapc
Plan
dated
August S.
1996 LP7 Genetal
Speeificatioaa dated August S.
1996
rrtr. tt....
3.
' 13 Soulbwest ImptiOD PIaD dated
16,
Augusl
Plan
dated
Augusl 16,1996 16 ImBatioa Plan Not-es,
LeBead
ItCOasUUCtiOD
Details dated Aul"- U
SClmDITI .R I.
lum
llBe! browu
Tumbled metric SIODe by Paver Module E249la11! ol'&
edge
of2
3/
CODcretecurb
16.1996 nN1~
C.
M.W 8112" wide
8 1/
2 tumbled
..
E249
plaza paver
M
C.
with
hidden
al
edge area
(
when: CODcrete curb is
DOl
shown ). 2. '. I. h.
FI~
12
fDr..
tt".
CatllM Decorative
ub
Stone TIl.-J
CUI
III'
III- Outa
100watt Metal
aluminum
# -while ).
Halide Pole MOUDted lights ( Bega 6387
Bales
Art
mOUDd
combinatiol trash
lid!sand tray
ht.With medium
x 36"
sandblast
tmisb witb
13 DOrdic
5-
7362f[
tt: I
EXHTRIT
O I ZJ '
Wi
C..
1 DESCRIPTION OF
"
IMPROVEMENT PLANT LIST SECURITY
AREAOUANT1TV
)
Noroabia
emargiaala
S.&PAl MS
TRJ.:~
HEIGHT
TRlrNK CT.RF...
U.
SPREAn
5 CaIopbyUum
RJ(S
bruiliemc BnziIiaD
Beautyleaf
IS Cocos
Malayan Coconut
Palm
S Livistoaa
nucifera "Greea
I@S;
bard
cbinetlia 5
IlRY woo<
14'
I
c.
t Matched
1416'
Giant"
10-12'Full
44
Pit osporum
tobin"
Giant Lilynuf
Variegara" V
canopy 319
SHRUBS'" GR01JNDCOVERS Chrysobalaaus
icaco Cocoplum 13S
anegated
Ficus
Uniola
betljamiDa "
hedge"Weeping
Fig 64
Pit osporum 69
paniculala
Sea OalS
Ixota Nota
"
Gtaat"
ixota
22-
24' 20-
Nota Gtaat
242 Liriope
m Evergreen
"
c.22-
to base
Full
clump
F. Sod
- -
22"
Full.
24" full
24" o.c.
20- 22" Full.
o.c.10-12"
24"
12"
O.
pots@ IS"
O.
c.20-22" Full, 24"o.c.4"
All sod to
be SL
SC:fl.J ANYOnS
c.
sod.
1530
S.
24" O.
I 7362pro
I 24
Exhibit D
Description
MIM281D.
D719/ 1719l1
g:
f_ ___
en
r~ :::-:;~-:!~' i -
s....,:
70 ~
105
W 27 S
MIAMI,F'
4 _ _' ~ SI,
jJ172
1 d051
JI7' E ..:
S99-
j:.,
SKETCH AND LEGAL DESCRIPTION-
SKETCH
sur ONLY
OF'SURvEY.
1_
40'(
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1"- "..
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r.....
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CRAPHICDESCRIPTiON ,.
SHOWN
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STATUftS
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I 7362ffO I
26 INGRESS. EGRESS. ACCESS EASEMENT LEGAL
"
Fust Subdivision of Alton
IIld 14.Btock 56 of FIShers
7
plat
book
2.
page
in
77 of the
Beach" according to the Plat thereof. as
recorded
Erosion Control Line ( B1l11r....'
Public Records of Dade County,Florida. topther with a portion of1aad bounded on the east bythe
of said Lot 7.more
Id Line) and on the west by the easterly line
DESCRlPTION
A portion of
Lacs
the
Southwest
comer of Lot 14.Block 56 of
described as follows:Com........"..
particularly
of
Alton
Beach
said FIShers
"
Subdivision
Fust
Pial:
THENCENorth 00.35' 04"East alon,the
12.83 feel to I point of
ofway
line of Collins A venue, a di.staDce of
Easterly riiht-
feet North
niENCE
49"East,along said
North 88 00'
feet to the POINT OF BEGINNING:
niENCE continue
of 380.
27' 32"East alollg
38
said
erosion
feet
to a
control line. a
paral el
East along
88.00'49"
North
curve
having
distance
point 011
the
Erosion
Lots
7 IIld 14;
line a
said
disWlCe of
paraIlelliae a
Line).
feet
1.
85
niENCE
to
South t
69
distance
of 25.60 feet;
distance
204.
North 03.
niENCE
point on
and
niENCE Westerly IIld to the rigbt through a celltral angle of2512'01" and Ul:distance
of100..50 feet to a point of reverse curvaDll' e with a
curve cOllCave
to the
290.
bavi
n
g
a
32
feet
and
a
central
angle
radius of
South
of 10. 04' 08";
TIiENCE Westerly
a
alongthe Ul:of said curve a distance of 5 1. 02 feet to
point compound curvaDll' e of
a curve concave to the south. baving a radius of 48.
TIiENCE Westerly along
the
00 feet and a centra! angle of 1917'
44";
Ul:
ofsaid
theNorth.
of
said
line of
south
a radial bearing of
of 16.
17
feet
06' 88";
East
7.
to a point of
reverse curvaDll' e with a curve concave to the north baving a radius oft
feet and a centra!
31.24
angle
of
25'
01";
TIiENCE westerly along
the Ul:
of said
40-
Exhibit B
Plans and
M1982230.
0S3
Specifications
Improvements
a4/
13/
2eerl ~
E.~
3056e4S': Ob
0ChCHCE
0E\/
t=-'
EU':
t:"";";u;
C:'<~
Insurance lI...e
date:4/ 18/
2 EXHIBIT
d'.
00
C Certificate of
Certlllcate
No.:OOO01374. doc Producer
Becher +
# 0 Atlanta, OA 303391711.
cutificatw IsiSl l Zd < ua
Windy Ridp Plrilway, 11;
upon
D.
0
"
.
lh. curtfWaze holde.
fZ1tti
tg71lS
corr[
jy
Carlsoll Ins.Sazvice.,
Inc,2300
rlw
at
ameM, ...
dou "
1711.
cerliftca"
a. alrer
t.""
RelOl' tl
Cover_
lei
Thi.s ill to certify wt 1IJ. polici..
In..
Three Re,,,jnia Drive Suite 2900 Atlanta, GA 30346
listed low
". ha" e beon i..
of in_
an..
to the
ued
polity period indicated,nolWithstlndln&; any requirement. term or
In,
ured named herein for th.
conditionof
whichthis
liclSe may be
or m&
y
pertain,
any conrract or other dlKlumOlltwith napect to certi:
issued
U lIleterms, exc:
the i1l. lunnce afforcled by thapolici..de.eribed herein isubjflOl
to .
lu!
iOlls IIId eondltiOl of I1Ich policie..
'''''_
g.
off""
druJby u..
poIlei..b.law.lasured
Bass
HolIoI.01:
Limin ,
may have
been reduc.
hown
by paid
claim..
Elf
bp Typ.
rri.
oU..
C.
LiablUty
Dat.
Limb
Collllnll'
Cl"CicIl ?
ulft" "
1 130109
9/ 30100 '
C."". Opt
Co_S"' jOoo,OOO ~
GUIon!
layers
JDI.0GL019191314
NIA --AlP....
UablU"
Aa.
0"'_
p_S4,OOO. 000 Penonal
Ad"',
1njury'L1' lU".
Ua/
Ooo,
Jillly S4,
onc
S....
0.......4,
000
000,000
l^" l'
Pin Dm&
fire)
12.
500
Ill<
CAUi076110.5
Icryen
Ethplo1cr,'
11*_>
p Aay (
1110Liability
Any
AutoIlk,. Employ...
llf.lOiM
9/
4,
000
000,
limit Work_COlllpeuaUon
COmp.........
l(
Sm,I.
5_
UnIlts ft. ~
Co, WLIl. C 26411.!
I...
'
12' 1113Q/ 99 9f. l0/ll0 $4,
o 4,
tJobnh)
Mod
W.Ca.
000,000 !
30100 $
CoIIlbioed
aAccidM\
000._ DI_"'"
."",
Dt.
lPoliq. limit 0tII...:
CrowrIe Plaza MiamiBeech 1$
45 Call... Avenue
Mllllli Beach
o:
lnc,an4 MB RedeveIOpmODt, Inc,
It Atli\ial..
....
IIId their Paren~Sub. ldblli..,
i
t
i
o
nal
l
n
sur
e
d,
L.,.,.,.
RE:
Acceaway Agreement
Add.
Ioyee 4,000,000
FL
La.....
ROllll.,
camp"')' will
eodeavor
describedpolici..
be
mail 30
lQ
days "",
notice
ltten
to
holder,
the
but failuro to
certiflcm
lIail
e4/
2~~
t3/
ID~.
Threo Ilovinio on",
Sui..
2900
21.( 9
OA
AlIanta,
DCNOHOE
303<<'
8E'
ELCP~ENT
v'
J
48 3855048256 Pndllcer _
88:
In..
Scr<
2300 WIDely
Seeber..Carl.
on
Inc.
tic:...
c:
I.....
~.:
dale: 1Ifl3~ C. rtillcu.No.:0000 1030.
aIll' ,'''
r
IJwwd QS
Il4"ItaloNr. nr.. c.
Ride. '.
rtificat. , _ "
dac
Certificate
Insurance T'/
rU .-. Iij/.
of
ofi~
tIl.
cufij/
D' .....
CorporoliOll Iiolidoy
H_ I
HOIJli1ality Corpat.a.... II...
,., bcl_.
e..... n...
age affordtaJ by rM ric;..
Thi. i.
dl'ar 1M __
to ccnif)l rballh. polici. of insunnco lmod lIelow
hav.""... i....
cd
fatho
tnlllrocj bamocl harein for th_
policy perlo4
requir<menl. toml
indicated,b_illl_ clia!any
delc_OIl!
respectwhich
..
or condit on of any COIIlracI .r olh.. with
th~certificate may b.
Is uod or may
Hale"Resorts.
.&
pertain,
Jewoy. 11'1
GA
ISO
Atlanta,
303 9luund
To,""Pori<
tho ins\
ll'
lllCO offo<
ded by
tho
polici..clesenDed h....
and condil;"'"
beenrecluad
of sueb
LiIIIits
polic,...
xclusion.
shown
may
ho""
by
Ell Eop
paidclaim..
TypeDfw
Podl!<
Eon.
e.
nier '
olicy
Namber
Date
DataLimits
eI'IIl
Auoo_ ....
La......
S'.
OllCl.
n.-.
Liability c:..
lol
Mll
sa.
ooo,
UoI>iIfry 11,
AU.
oao __.
IIIJury
a..,
I.....
I...
Co. OOLG19192. l..
111)
I
0I9!I)
.
u_
L"';/~
aDQ,
l4.
Ooo a_
Qf<:
oao
000,
000PI<
lAaIIC...p.
Opt
rtI\ CC Pona
OCCIuI'
111JWJR 54.000,
000
fIft
12, JGO
DInt '^""
....
r...)
114..Eo,I (^'"
pat<>ft)
Eo_
LIability U_
laFollll
CAO 1477161.
Zuri...
0\Jf]\ lWlI Q/]
OOO, OOO liMo"""""","
Q/
OO U,
r"-.
OtIler: CtI>_e
PI_
MII lI;Bncb I'.(
S ColllllS AvCll lC Mlllll\;
Beach fL City of
MilImi IleICIII. s nlllllcd
Ad4itionall l Uml. RDP RnyolPllIm HOIeI LimiUld
hrlnerslllp Is Additionollll_. d Insum. The fQllaw1n&
ore bamcd IS
ontili_.
additionollllsureds
IS dI.
ir
i.- est
Bank
Pi......
y
tn.
anykincll l>
DlIl1lc
Aa"
CY; Donoho. o.
veloplD.
_lbereo( the
i....
cays
at ~_...
pIllS
mall such
1Iu.foilure '"
notico .
ill .
tive..
certltleatc
Holder
COltlpallY,
City
of
City
AttDnlay' s omcc
Miami
Bloch
04/
13/
200e
88:
i82S6
4830560-:
DCNOHOE
JEL' JPMENT
i:..;:;
C: ' 33 lie
DE'>
dat.: 4/
00 Cerll1\
18/
Cate
1lO00131S. dao
No.:
InsuraDce PrDdueer
Certificate of
jnfor7fVltio~
y,
1150
w.
Atl*
anta,OA
ftr! "
0
CO"
Services. ilI<:.
atlOId or o/r.
r 1M
lle9arts
Tbis is tD tettlfy that tbe policies
Ino.Tbreo l avinia DTlvo SWlz 2900 Atlanta, OA
30346Coven...
bolaw hIve been issued
IJqW'l lCO listed
to tho lnourednllmo<
Df
in
l h_
thatanding any
requinm.ent,
lenn Dr
ocndition of lIJIY oDllUKt
.....
for the palioy iacl
indiuml, a-*
thisoOJtif clUC may be issued. or
mll) l pertain, lit. ;
or Dther dao:1lJll..,. ", lIhresp_ to whig,
is
tla
.
ffaMed
by
tile
d""'
tibed
berein
11
the torms, "
naun cc: .
5Ubjec:
polioi..
chuoh paliei...L;
clust""" and oanclit1on.
mits
gfforded by tire
cOYer" p
polici"below.In.
uncI
y h.v.
Ellp
b_
",
duud
by
shDwn
paicl
m.
eliums.
la
Tne
Iu Carrier
of
Colnpany5-
ll.o,
a
GeIIer.
Limlll
DIlle
Data
Policy Numb..
11110i99
OGlN19lg2384
1LWbl ty eo_
II Oan
P..
l Iol mployen
1M.
llON/
O/
lO/ A ClI W1IatCI.\ Liability
000,000
Prod1OC1l/
Co"'
4,
OCClWf"tnce Form
All!.
14,
000 Pef'
000.
t..iq\
lClGl1Ad....lIjul")'
14.000,
lOfL. iMUit)>
OalwrIo~
000 i4dt.
54,
Ally.1. ""'
000,_Doll
_ (
Mod Elql (
U,5oo
1\..
I penon)
A'
tJ
COLiabil\
Am '.<
In.
E..,...,...
1ru
Co.
1I1JlW9
CALIlO1f81045
oy
6,
9130100
000. 000
eolDbioId
wor.....
COlDpeIIlIatioD WQtter'.
14.
S.
Limit
COIIIl*PmoG
l!.
Sta KDry
lM.
1 1113<
it111' p~..
"
Co.
WLRC 41641: 52.
limill
99 9IJOIDG 14.
l/
000,
000 . Eleh ~
ACh
ccjdltt\Iaycn' Liability 14.000)000 D~
B_h
45 Collins Avaau_ Mlomi Beech
1$
1b.
1 befDrc the oxpirllllon .-.
lIo<
the llsuinC CDMPOllY
will
endeavor
moil
certificate
day.written
notice to the
but
hold....
aotic. . hall
Booken Trustis
FL
DiMUc/
llIIlled
roUcy
J.,
imit Other:Crcrwne PluaMilmi
o(fIle lIbave described poIioie. b.
CIII""
OIly
0(,
t'oilure
la
30
011:
ooO,ooO
Emptaywe SA,
to mail such
impose
no
or
obli~
n. bility of
ation
lilYkind