HomeMy WebLinkAboutR-01-0124J-01-122
2/5/01 RESOLUTION NO. 124
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM
OF AKERMAN, SENTERFITT & EIDSON, P.A. FOR
REPRESENTATION OF THE CITY OF MIAMI IN THE
APPEAL OF CITY OF MIAMI V. GREGGORY AND
KATHLEEN LANGSETT, U.S. COURT OF APPEALS,
ELEVENTH CIRCUIT, CASE NO. 00-160-16078J, IN
THE AMOUNT OF $40,000 PLUS COSTS AS APPROVED
BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND,
ACCOUNT CODE NO. 515001.624401.6.652, FOR
SAID SERVICES.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The engagement of the law firm of Akerman,
Senterfitt & Eidson, P.A. for representation of the City of
Miami in the appeal of City of Miami v. Greggory and Kathleen
Langsett, U.S. Court of Appeals, Eleventh Circuit, Case
No. 00-160-16078J, in the amount of $40,000 plus costs as
approved by the City Attorney, is authorized, with funds
allocated from the Self -Insurance and Insurance Trust Fund,
Account Code No. 515001.624401.6.652, for said services.
CITY COMUSSION
MEETING OF
F E C ,,, ., 2�uI
Ftesoiut�on LYu.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
PASSED AND ADOPTED this 8th day of February 1 2001.
JOE CAROLLO, MAYOR
b, s—mordance with Miami Code Sec. 2-36, since the Ulyor did not indicate approval of
this 3agsk,'L.'ron by signing it in the desknaa'led dace sz�d 16qi'slat't- r*w
01
bo=rna,: effactivia- 'a 'I thr, of tQ2 I" -c"xy:�tr th:: dam o �rnf n U—,mm
r E
regaibO.g awra. v4thout the, Mayrr er in ve
ATTEST:
WALTER J. FOEMA.N
CITY CLERK
APPRO AS TO, --3~ ORM
L
7 AZE RO VILARELLO
CIT ATTORNEY
5061:LB:BSS
Walter JVogAn,
CORRECTNESS:
If the Mayor does not sign this Resolution, it shall become effective
at the end of ten calendar days from the date it was passed and
adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
Page 2 of 2 01- 12 4
W[WH
I B fl V fl I G
February 6, 2001
HAND DELIVERED
Miriam Maer, Esq.
Office of the City Attorney
City of Miami
444 S.W. 2nd Avenue
Third Floor
Miami, FL 33130
Re: Brickeli Key Marina
Dear Miriam:
Gary A. Saul
(305) 579-0846
E-MAIL: SAULG a GTLAW.COM
In connection with the Brickell Key Marina, I am enclosing the original Indemnification
Letter, which has been duly executed on behalf of the Swire entities.
If you need anything further, please feel free to call.
cc: J. Megan Kelly (w/encl.)
Lucia Dougherty (w/enol.)
Of- 124
GREENHERG TRAURIG, P.A.
1221 BRICKELL AVENUE MIAMI, FLORIDA 33131
305-579-0500 FAx 305-579-0717 www.gtlaw.com
MIAMI NEW FORK WASHINGTON, G.C. ATLANTA PHILADELPHIA TYSONS CORNER CHICAGO BOSTON PHOENIX WILMINGTON Los ANGELES DENVER
Sao PAULO FORT LAUDERDALE BOLA RATON WEST PALM BEACH ORLANDO TALLAHASSEE
SWIRE PACIFIC HOLDINGS INC.
SWIRE BRICKELL THREE, INC.
SWIRE BRICKELL KEY HOTEL, LTD.
January 31, 2001
City of Miami
444 SW Second Avenue
Miami, Florida 33130
Attn: Alejandro Vilarello, Esq.
501 Brickell Key Drive, Suite 600
Miami, Florida 33131
Telephone: (305) 371-3877
Fax: (305) 371-9324
Re: Conveyance of certain property from SWIRE PACIFIC HOLDINGS INC., a
Delaware corporation ("Pacific"), SWIRE BRICKELL THREE, INC., a
Florida corporation ("Three") and SWIRE BRICKELL KEY HOTEL, LTD.,
a Florida limited partnership ("Hotel") (together Pacific, Three and Hotel
shall hereinafter be referred to as "Grantor") to the City of Miami ("City")
To Whom It May Concern:
In connection with Grantor's conveyance to the City of that certain property identified as
the "Outparcel" in that certain Declaration of Covenants, Reservations and Restrictions (the
"Declaration") of even date herewith, Grantor hereby agrees to the terms set forth below.
Please indicate your acknowledgement and agreement to the terms contained herein by co-
signing this letter agreement where indicated below.
Grantor hereby indemnifies and agrees to defend and hold harmless City, and City's
agents and employees, to the fullest extent permitted by law, against all claims, damages,
losses and expenses (including reasonable attorneys' fees and court costs at both trial and
appellate levels) arising out of or in connection with any environmental contamination arising
from Grantor's development and/or operation of the Marina (as defined in the Declaration),
provided that any such claims, damages, losses or expenses are not caused in whole or in part
by the negligent act or omission or willful misconduct of the City, anyone directly or indirectly
employed by the City or anyone for whose acts the City may be liable.
Further, Grantor hereby agrees to pay any and all expenses, assessments, payment
obligations and/or other impositions which maybe imposed and/or asserted against the City as
a result of any of the "Special Exceptions" set forth in the Opinion of Title submitted January 24,
2001 to the City, a copy of which is attached hereto as Exhibit "A", provided that any such
expenses, assessments, payment obligations and/or other impositions are not caused in whole
or in part by the negligent act or omission or willful misconduct of the City, anyone directly or
indirectly employed by the City or anyone for whose acts the City may be liable.
01- 1�4
Witnessed by:
Name:
Name: pkr e,
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
501 Brickell Key Drive, Suite 600
Miami, Florida 33131
Telephone: (305) 371-3877
Fax: (305) 371-9324
Sincerely,
SWIRE PACIFIC HOLDINGS, INC.
By:
Name:
Title: Oc
SWIRE BRICKELL THREE, INC.
By:
Name:
Title:
SWIRE BRICKELL KEY HOTEL, LTD.,
a Florida limited partnership
By: Swire General Hotel, Inc., a
Florida corporation, its
managing general partner
Name: tt3'iit::;
Title: V
►ce
The foregoing instrument was acknowledged before me this `` day of
2001, by` -"1E i`ltrF++L C�:ta.L as V r {'e- f SWIRE PACIFIC HOLDINGS INC., a Delaware
corporation, on behalf of such corporation, who is personally known to me or who has produced
a driver's licenses as identification.
Name:
Notary Public, State of Florida
My commission expires:
�41'�:'dstt•., —_BEY•+- EALEYCAR
SIT.
MY COMMISSION N CC 674766
'4 EXPIRES: October 30.2(X)1
? pc n°".•`` Bonded rnru Notary Public UnQsmtita! : f 124
r- V
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
501 Brickell Key Drive, Suite 600
Miami, Florida 33131
Telephone: (305) 371-3877
Fax: (305) 371-9324
The foregoing instrument was acknowledged before me this to r" day of i --r t �u ioe j ,
2001, of Swire General Hotel, Inc., a Florida corporation,
the managing general partner of SWIRE BRICKELL KEY HOTEL, LTD., a Florida limited
partnership, on behalf of such corporation and limited partnership, who is personally known to
me or who has produced a driver's licenses as identification.
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this t-� day of r-;?04A2,t .
2001, as of SWIRE BRICKELL THREE INC., a Florida
corporation, on behalf of such corporation, who is personally known to me or who has produced
a driver's licenses as identification.
Name: r tZ .. C._ A
Notary Public, State of Florida
My commission expires:
,�?`•'�'y:w�;,
BEVERLEY CABBY
MY COMMISSION # CC. 674768 II
Name:
FJ(PIRES: October 30, 2001
Buttded ThrU Notary PuBlic Underwriters
Notary Public, State of Florida
My commission expires: �;
f =? "„I'`
a LEY CAR6Y
1�1Y COMMISSION w CC 674766
EXPIRES: October 90 2001
Bonded Thru Notary Public UedeW01R
The foregoing instrument was acknowledged before me this t-� day of r-;?04A2,t .
2001, as of SWIRE BRICKELL THREE INC., a Florida
corporation, on behalf of such corporation, who is personally known to me or who has produced
a driver's licenses as identification.
Name: r tZ .. C._ A
Notary Public, State of Florida
My commission expires:
,�?`•'�'y:w�;,
BEVERLEY CABBY
MY COMMISSION # CC. 674768 II
• , `�,qi r�Q:�''
FJ(PIRES: October 30, 2001
Buttded ThrU Notary PuBlic Underwriters
Of- 124
AGREED TO AND ACCEPTED:
The City of Miami
Carlos Gimenez, City Manager
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO,
CITY ATTORNEY
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
501 Brickell Key Drive, Suite 600
Miami, Florida 33131
Telephone: (305) 371-3877
Fax: (305) 371-9324
The foregoing instrument was acknowledged before me this _ day of ,
2001, by , as City Manager of the City of Miami, on behalf of said City. He is
personally known to me or has produced a driver's licenses as identification.
Name:
Notary Public, State of Florida
My commission expires:
01- 124
® 501 Brickell Key Drive, Suite 600
Miami, Florida 33131
Telephone: (305) 371-3877
EXHIBIT "A" Fax: (305) 371-9324
OPINION OF TITLE
01- 124
EXHBIT "A"
CITY OF MIAMI
OPINION OF TITLE
To: CITY OF MIAMI, a political subdivision of the State of Florida.
With the understanding that this opinion of title is fumished to the CITY OF MIAMI, FLORIDA, as an
inducement for acceptance of a deed and declaration affecting the real property hereinafter described, it is
hereby certified that we have examined (collectively, the "Title Evidence"): (i) Lawyer's Title Insurance
Corporation's Title Policy No. 136400-979244 having an effective date of January 16, 1997 at 4:00 p.m., (i)
Lawyer's Title Insurance Corporabon'sTdle Policy No. 135-00-002085 having an effective date of April 17,
1998 at 12:27 p.m. and (iii) Lawyer's Title insurance Corporation's Chain of Title Report covering the period
from the BEGINNING through December 15, 2000 at 8:00 a.m. of the following described reap property
(collectively, the 'Property'). Together, the Title Evidence covers the period from the BEGINNING to
December 15, 2000 at 8:00 a.m. with respect to the following described real property (the "Property"):
SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF
Basing our opinion solely on our review of the Title Evidence, we are of the opinion that on the last
date mentioned above, the fee simple title to the Property was vested in:
SWIRE PACIFIC HOLDINGS INC., a Delaware corporation
- and -
SWIRE BRICKELL THREE INC., a Florida corporation
- and -
SWIRE BRICKELL KEY HOTEL, LTD., a Florida limited partnership
Subject to the following liens, encumbrances, and other exceptions:
GENERAL EXCEPTIONS
(i) All taxes and/or special assessments for the year in which this opinion is rendered, unless noted
below that such taxes have been paid.
07 Rights of persons other than the above owners who are in possession.
(i 1) Fat:ts that would be disclosed upon accurate survey.
(iv) Any unrecorded labor, mechanics'ormaterialmen'sliens.
(v) Zoning and other restrictions imposed by governmental authority.
01- 124
SPECIAL EXCEPTIONS
Declaration of Easement recorded in Official Records 11186, at Page 1495, as amended by
Amendment to Declaration of Easement recorded in Official Records 13742, at Page 1514.
2. Easement(s) granted to Miami Dade Water and Sewer Authority recorded in Official Records
11569, at Page 726.
3. Agreement for construction of sewage facilities and furnishing of sanitary sewage service by
Miami -Dade Water and Sewer Authority recorded in Official Records 10500, at Page 1237.
4. Agreement for construction of water facilities and furnishing of water service by Miami -Dade
Water and Sewer Authority recorded in Official Records 10500, at Page 1211.
5. Agreement recorded in Official Records 7442, at Page 373, as amended by Amendment to Bridge
Agreement recorded in Official Records 10746, at Page 1092, and further amended by Second
Amendment to Bridge Agreement recorded in Official Records 11288, at Page 2136.
6. Authorization for Disposal Well Use recorded in Official Records 11275, at Page 219.
7. MaintenanceAgreement recorded in Official Records 11288, at Page 2146.
8. Bridge Agreement recorded'under Clerk's File No. 71 R-228001, amended by instrument(s) recorded
under Clerk's File No. 8OR-129292 and Clerk's File No. 81 R-310903.
9. Water & Sewer Agreement recorded in Official Records 12696, Page 2911, amended in Official
Records 13322, at Page 2886 and Official Records 13454, at Page 443.
10. Agreement Re: Zoning recorded in Official Records 10281, at Page 1650.
11. Agreement Re: Construction Access recorded in Official Records 12230, at Page 805, as amended
in Official Records 13742, at Page 1507 and Official Records 14648, at Page 1412.
12. Agreement Re: Access, Utility Connection and Foundation Easement recorded in Official Records
12230, at Page 820, amended in Official Records 13742, at Page 1480 and Official Records 14648,
at Page 1423.
13. First Amendment to Staging Site Easement Agreement recorded in Official Records 14648, at Page
1464.
14. Agreements for construction of water and sewer facilities recorded in Official Records 12586, at
Page 2412 and Official Records 12586, at Page 2387, amended in Official Records 13379, at Page
1831; Official Records 13379, at Page 1836; Official Records 13551, at Page 2926; Official Records
13551, at Page 2930; Official Records 14385, at Page 21; Official Records 14385, at Page 26;
Official Records 15978, at Page 3370; Official Records 15978, at Page 3381, Official Records
16685, at Page 1296 and Official Records 18927, at Page 2586.
15. Agreements for construction of water facilities and furnishing of water service by Miami -Dade Water
and Sewer Authority recorded in Official Records 12586, at Page 2438, amended in Official Records
13481, at Page 25; Official Records 14484, at Page 3639; Official Records 14815, at Page 2609;
Official Records 16037, at Page 360 and Official Records 15582, at Page 2904.
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01- 124
16. Agreements for construction of sewage facilities and furnishing of sanitary sewage service by Miami -
Dade Water and Sewer Authority recorded in Official Records 12586, at Page 2464, amended in
Official Records 13481, at Page 29; Official Records 14484, at Page 3646; Official Records 14815,
at Page 2615; Official Records 15582, at Page 2882; and Official Records 16037, at Page 369.
17. Easement recorded under Clerk's File No. 65R-32661 in Official Records 4495, at Page 58.
18. Dedication of Access for public road and bridge purposes recorded in Official Records 4508, at
Page 317.
19. Resolution No. 40529 recorded under Clerk's File No. 69R-64546 in Official Records 6356, at Page
512.
20. Easement recorded under Clerk's File No. 74R-134920 in Official Records 8702, at Page 1423.
21. Absolute Bill of Sale recorded in Official Records 9714, at Page 789.
22. Bridge Deed recorded in Official Records 10275, at Page 83.
23. Covenant recorded in Official Records 13577, at Page 3267.
24. Memorandum of Development Covenant recorded in Official Records 12230, at Page 883, as
amended by Memorandum of Amendment to' Development Covenant recorded in Official Records
13742, at Page 1518 and Memorandum of Second Amendment to Development Covenant recorded
in Official Records 14648, at Page 1483, as assigned in Assignment and Assumption of Developer's
Rights recorded in Official Records 13742, at Page 1608.
25. Restrictions and easements shown on Plats recorded in Plat Book 140, at Page 95 and Plat Book
133, at Page 16.
26. Restrictions and Easements as shown on the Plat recorded in Plat Book 132, at Page 96.
27. Easements recorded in Official Records 14857, at Page 598 and Official Records 14857, at Page
591.
28. Encroachment Easement Declaration recorded in Official Records 13361, at Page 2245.
29. Declaration of Easement recorded in Official Records 11332, at Page 23.
30. Grant of Easement to Metropolitan Dade County recorded in Official Records 16082, at Page 2718.
31. Easement to Metropolitan Dade County recorded in Official Records 18016, at Page 2156.
32. Special Warranty Deed for Right -of -Way purposes recorded in Official Records 10275, at Page 86,
and restrictions and easements as set forth therein.
33. Reservation(s) in favor of the Trustees of the Internal Improvement Fund of the State of Florida
contained in the deed recorded in Deed Book 208, Page 183.
34. Easement(s) in favor of Peoples Gas Systems set forth in instrument(s) recorded in Official Records
14454, at Page 3024.
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01- 124
35. Special Tax Resolutions: Re: Metromover recorded in Official Records 16478, at Page 1048 and
Official Records 16872, at Page 1634.
36. Resolutions Re: Metromover recorded in Official Records 17326, at Page 2605.
37. Restrictions and Easements as shown on the Plat of Brickell Key on Claughton Island Section One
recorded in Plat Book 113, at Page 28.
38. Declaration of Covenants, Restrictions and Easements for Brickell Key Section One recorded in
Official Records 11344, at Page 1181, all exhibits thereto and all amendments to any of the aforesaid
instruments recorded in Official Records 13742, at Page 1528; Official Records 13742, at Page
1536; Official Records 13742, at Page 1608; Official Records 14648, at Page 1276; Official Records
14648, at Page 1540 and Official Records 14648, at Page 1549. Further amended by instruments
recorded in Official Records 15521, at Page 2436; Official Records 15737, at Page 2.211 and Official
Records 16363, at Page 971.
39. Declaration of Covenants, Restrictions and Easements for Brickell Key recorded in Official Records
11344, at Page 1257, all exhibits thereto and all amendments to any of the aforesaid instruments as
amended and/or assigned in Official Records 12230, at Page 764; Official Records 12230, at Page
690; Official Records 12230, at Page 781; Official Records 14641, at Page 701; Official Records
14648, at Page 1492; Official Records 14648, at Page 1516 and Official Records 14648, at Page
1540, as assigned in Official Records 14648, at Page 1504.
40. Restrictions and Easements as shown on the Plat of Brickell Key on Claughton Island Section Three
recorded in Plat Book 119, at Page 70.
41. Plat of Claughton Island Section Four recorded in Plat Book 149, at Page 100.
42. Any and all rights of the United States of America in and to navigable waters, or any portions which is
filled -in -land formerly within navigable waters, and any conditions contained in any permits
authorizing the filling-in of such land, as shown on that certain survey prepared by H.J. Ross
Associates, last dated September 12, 1985, Job No. NAA 80788-0.
43. Shared Facilities Agreement by and among Swire Pacific Holdings Inc., a Delaware corporation,
Swire Brickell One Inc, a Florida corporation, and Courts at Brickell, Inc., a Florida corporation
(f/k/a Swire Brickell Two Inc), dated July 25, 1997 and recorded July 28, 1997 in Official Records
17729, at Page 2010.
44. Temporary Access Easement given by Swire Pacific Holdings Inc., a Delaware corporation, in favor
of Courts at Brickell, Inc., a Florida corporation (f/k/a Swire Brickell Two Inc), dated July 25, 1997
and recorded July 28, 1997 in Official Records 17729, at Page 2056.
45. Water and Sewer Agreement recorded in Official Records 17772, at Page 592.
46. Easements recorded in Official Records 17490, at Page 524 and re-recorded in Official Records
17552, at Page 1369; Official Records 16767, at Page 3883; Official Records 17819, at Page 3462;
Official Records 1789, at Page 3423; and Official Records 16743, at Page 2378.
47. Renewal Mortgage, Security Agreement and Assignment of Leases and Rents executed by and
among Swire Pacific Holdings Inc., Swire Brickell One Inc, Swire Brickell Three Inc. and The
HongKong and Shanghai Banking Corporation Limited, dated March 27, 1998, recorded April 17,
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oir 126 4
1998 in Official Records 18065, at Page 1914, as assigned by the Assignment of Mortgage executed
by the HongKong and Shanghai Banking Corporation Limited, a banking corporation organized
under the laws of the state of Hong Kong and Marine Midland Realty Credit Corporation, a Delaware
corporation, dated November 23, 1998, recorded December 23, 1998 in Official Records 18405, at
Page 1016, which renewed, without limitation, the Renewal Mortgage, Security Agreement and
Assignment of Leases and Rents executed by and among Swire Pacific Holdings Inc., Swire Brickell
One Inc, and The HongKong and Shanghai Banking Corporation Limited, dated February 4, 1994,
recorded March 2, 1994 in Official Records 16267, at Page 1692, as affected by the Mortgage
Joinder and Spreader Agreement dated March 27, 1998, recorded April 9, 1998 in Official Records
18053, at Page 3470.
48. UCC -1 Financing Statement executed between Swire Brickell Three Inc. and The HongKong &
Shanghai Banking Corporation Limited, recorded April 17, 1998 in Official Records 18065, at Page
1956, as assigned to HSBC Realty Credit Corporation by UCC -3, recorded June 2, 2000, in Official
Records 19137, at Page 2164.
49. UCC -1 Financing Statement executed between Swire Pacific Holdings, Inc. and The HongKong &
Shanghai Banking Corporation Limited, recorded May 15, 1998 in Official Records 18105, at Page
4214, as assigned to HSBC Realty Credit Corporation by UCC -3, recorded June 2, 2000, in Official
Records 19137, at Page 2161.
50. Mortgage, Security Agreement and Assignment of Leases and Rents in favor of The HongKong $
Shanghai Banking Corporation Limited, recorded June 13, 1995 in Official Records 16813, at Page
4127, as assigned to Marine Midland Realty Credit Corporation, a Delaware corporation, by
instrument recorded in Official Records 18405, at Page 1019.
51. Plat of Brickell Key on Qlaughton Island Section Four recorded in Plat Book 153, at Page 58.
52. Mortgage, Assignment of Rents and Security Agreement executed by Swire Brickell Key Hotel, Ltd.,
a Florida limited partnership and Swire Brickell Three, Inc, a Florida corporation, dated October 1,
1998, recorded October 9, 1998 in Official Records 18307, at Page 2569, as affected by the
following:
a. Assignment of Mortgage and Other Loan Documents executed by Swire Brickell Three Inc.,
a Florida corporation in favor of Marine Midland Realty Credit Corporation, a Delaware
corporation, recorded April 1, 1999, in Official Records 18544, at Page 3079;
b. Mortgage Modification and Future Advance Agreement executed between Swire Brickell
Key Hotel, Ltd., a Florida limited partnership and Marine Midland Realty Credit Corporation,
a Delaware corporation, dated March 31, 1999, recorded April 1, 1999, in Official Records
18544, at Page 3081; and
C. Amended and Restated Mortgage, Security Agreement, Assignment of Leases and Rents
and Financing Statement given by Swire Brickell Key Hotel, Ltd., a Florida limited
partnership, in favor of Marine Midland Realty Credit Corporation, a Delaware corporation,
dated March 31, 1999, recorded April 1, 1999, in Official Records 18544, at Page 3089.
d. UCC -1 Financing Statement executed between Swire Brickell Key Hotel, Ltd. and Marine
Midland Realty Credit Corporation recorded April 1, 1999, in Official Records 18544, at Page
3118.
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01- 124
53. Agreement Regarding Parking and Development Rights executed by and among Swire Brickell One
Inc., a Florida corporation, Swire Pacific Holdings, Inc., a Delaware corporation and Swire Brickell
Key Hotel, Ltd., a Florida limited partnership, dated February 26, 1999, recorded March 10, 1999, in
Official Records 18512, at Page 277.
54. Declaration of Covenants Restrictions and Easements for Brickell Key, recorded in Official Records
12230, at Page 756, as affected by the Supplemental Declaration and Third Amendment to
Declaration of Covenants, Restrictions and Easements for Brickell Key, dated March 25, 1999,
recorded April 1, 1999, in Official Records 18544, at Page 3069.
55. UCC -1 Financing Statement executed between Swire Brickell Key Hotel, Ltd. and Marine Midland
Realty Credit Corporation recorded April 1, 1999, in Official Records 18544, at Page 3123.
56. Notice of Commencement recorded May 10, 1999, in Official Records 18600, at Page 3427.
57. Claim of Lien recorded June 30, 2000, in Official Records 19177, at Page 1616.
58. Easement(s) in favor of Florida Power and Light Company set forth in instrument recorded in Official
Records 12917, at Page 1114.
59. Easement(s) in favor of Florida Power and Light Company set forth in instrument(s) recorded in
Official Records 13749, at Page 310, partially released in Official Records 17077, at Page 884.
60. Easement to Florida Power and Light recorded in Official Records 17984, at Page 136.
61. Easement in favor of Florida Power & Light Company recorded January 7, 2000, in Official Records
18936, at Page 4281.
62. Easement Agreement executed between Swire Brickell Three Inc., a Florida corporation and Swire
Brickell Key Hotel, Ltd., a Florida limited partnership, dated October 17, 2000, recorded October 24,
2000, in Official Records 19333, Page 4209.
63. Claim of Lien recorded October 26, 2000, in Official Records 19338, at Page 3514, as amended by
the Amended Claim of Lien recorded November 8, 2000, in Official Records 19356, at Page 1465.
NOTE: ALL RECORDING REFERENCES HEREIN ARE TO THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA
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01- 124
1, the undersigned, further certify that 1 am an attomey-at-lawduly admitted to practice in the State of
Florida, and am a member in good stand' g ofthe Florida Bar.
Respectfully submitted th' day of January, 2001.
GREENBERG, TRALG, By:
Gary Sau
1221 BRICKELLAVENUE
MIAMI, FLORIDA 33131
(305) 579-0846
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of January, 2
Saul as a shareholder of Greenberg, Traurig, P.A. He personally appeared before me, is nally known
to me or produced as identification.
Notary:
[NOTARIAL SEAL] Print Nam
lic, State of Florida
My Commission Expires:
Commission Number.
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Oi- 124
EXHIBIT "A"
LEa-i4L DESCRIP77ON 12 FOOT BA YWALK=
A •portion of Tract -7', BRICKELL KEY ON CLAUGHTON ISLAND SECTION FIVE%
according to the' plot thereof as recorded- in Plat Book 153, Page 58 of the
Public Records of Miami—Dode County. Florida; and lying in Section 7, Township 54
South, Range 42 - East, Miami—Dade County, Florida . being more particularly
described as follows:
Commence at the Southwesterly corner of said Tract "J", thence N23'25'29"W,
along the Westerly line of said Tract W, being also the Bulkhead Line as shown
on, the plot of METROPOLITAN DADE COUNTY BULKHEAD LINE PART THREE as
recorded in Plat Book 74, Page 3, Sheet 4 of the Public Records of Miami—Dode
County, Florida, for 85.25 feet to the POINT OF BEGINNING of the following
described parcel; thence continue N23'25'29"W for 464.04 feet; thence N6634'31 "E
along the Southerly Right—of—Woy line of the Public. Right—of—Way dedicated to the
City of Miami in Official Records Book 10275, Page 86 of the Public Records of
Miami—Dade County, Florida for 12.00 feet; thence S23'25'29"E along a line parallel
with said Bulkhead Line for 464.04 feet; thence S66'34'31 "W for 12.00 feet to the
POINT OF BEGINNING. Said Parcel contains 5,568 square feet, more or less.
• TOGETHER WITH:
A portion of Tracts "G" and' "H", BRICKELL KEY ON CLAUGHTON ISLAND SECTION
THREE". according to the plat thereof as recorded in Plat Book 119, Page 70 of
the Public Records of Miami—Dade County, Florida; and lying in Sections 6 and 7,
Township 54 South, Range 42 East, Miami—Dade County, Florida being more
particularly described as follows:
Commence at the Southwesterly corner of Tract "J", "BRICKELL KEY ON CLAUGHTON
ISLAND SECTION FlVE , according -to the plot thereof as recorded in Plot Book 153,
Page 58 of the Public Records of Miami—Dade County, • Florida; thence
N23'25'29"W. along the Westerly line of said Tract "J", being also the Bulkhead
Une as shown nn the plat of METROPOLITAN DADE COUNTY BULKHEAD UNE- PART
THREE as recorded in Plot Book 74, Page 3. Sheet 4 of the Public Records of
Miami- Dade- County, Florida for 615.29 feet to a point on the Northerly
Right—of—Way line of the Public Right—of,-way dedicated to the City of Miami in
Official Records Book 10275, Page 86 of the Public Records of Miami—Dade
County, Florida and the POINT OF BEGINNING of the following described parcel;
thence continue N23'25'29"W for 881.44 feet; thence - N18'45'58"W along said
Bulkhead Une for 348.85 feet; thence N71' 14'02"E for 12.00 feet; thence
S18'45'58"E for 348.36 feet; thence S23'25'29"E for 880.95 feet, lost described
two courses being parallel with said Bulkhead Line; thence': S6F34'31' W along said
•Northerly Right—of—Way line for 12.00 feet to the POINT OF BEGINNING. Said Parcel
contains 14,757 square feet, more or less.
Off.- 124