Loading...
HomeMy WebLinkAboutR-89-0420J-89-441 &3--420 30LOTION NO. A RESOLUTION AUTHO[WING THE CM MMUCER. TO ENTER. INTO A LEASE AMMM BY AND BET"M THE BOMW OF D0d=M OF TfZ INTERNAL IMPROVEHM TRUST FUND OF THE STATE OF FJORM AND THE CITY OF MIAMI j, IN THE FM ATTACHED, FOR THE USE OF THE EAST 1/2 OF IM 5 AND Wr 7, OF TWIN RIVER ISUM, ACCORDING TO THE PLAT THES!"t AS RECORDED IN PLAT BOOK 40 AT PACE 84 OF THE PUBLIC RECORDS OF DADE COUNTY, FLIORIDAr TOMMM WITH TW IZ111" LOCUM THU", SAID LEASE BEING FOR A PERIOD OF 50 YFJW C0NME24CING ON JAI M 10,, 1989 AND ENDING ON jMuAff 10, 2039, AT NO COST TO TW CITY. BE IT RMOLVED By TW CMMSSjOt4 OF TW CITY OF MIAMIr MORIDA: Section 1. The City Manager Is hereby authorized to enter into a Ioase Agreement by and between the Board of Directors of the Internal Trust Fund of the State of Florida and the City of Miami, in substantially the form attached, for use of the east 1/2 of Lot 5 and Lot 7, of Twin River Island, according to the plat thereof, as recorded in Plat Book 40 at Page 84 of the Public Records of Dade County,, Florida,, together with the inprovenkmits located therem, said lease being for a period of 50 years commencing on January 10, 1989 arxi ending on January 10, 2039, at no cost to the City. Section 2. This Resolution shall become effective immediately upon its adoption pursuant to law. PASSED Am ADOPTED this lltb PREPARED AND APPROVED BY: APPROVED AS TO FORK AND W7 "S' "CHIEFDEPM CITYA271010W C p:bss;:M1055 E OAL,V10 Y BOARD OF TRU5Tr= OF THE INTERNAL ]MPROVE14ENT TRUST FUND OF THE STATE OF FLORIDA LEA$E AGREEMENT Lease NO. THIS LEASE AGREEMENT, made and entered into this day of 198_, by and between the BOARD OF TRUSTEES 'OP THF: INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA hereinafter referred to as "LESSOR," and the CITY OF MIAMI, hereinafter referred to as "LESSEE." LESSOR, for and in consideration of mutual covenants and j agreements hereinatter contained, does hereby lease to said LESSEE, the lands described in Paragraph 2 below, together with t tho improvements thereon, and subject to the following terms and conditions: 1.. pE_FG 110NS OF A&ZHORMTY: LESSOR'S responsibilities 1 and obligations herein shall be exercised by the Division of • State Lands,Department of Natural Resources pursuant to Chapter 18-2, Florida Administrative Code and applicable delegati0l, of j authority.'+ 4:> 2. DESCRIPTION Or PREMISEs: The property subject to this lease. is situated in the County of Dade, State of Florida and more particularly described in Exhibit A attached hereto and hereinafter called the "leased premises" 3. 2rM: The term of this lease shall be for a period' of 50 years commencing on January 10, 1969 and ending on January 10, 2039, unless sooner terminated pursuant to the prpv3sioris of this Tease`. 3 9 . P�j#�PQBF LESSEEmgrees that fihe purpose of Lhis t iese v '17 shal7 . be for the consvrvat�un and" pratec:tion' of natural reouroes' t Arid aic>fipat' b1e' outdoor public ' reoreatita: 'alit»g- ,0ith citlaex E �'t x� "rk t a,1'6weiblb 'uses which a`re designated i in thetnagemett k� aiar�to b+` �j �1av+slApasd And EtpPrfaY�tdXease ci ,Premi s+�st 'as r�av } �kK, `%aXAqrf.�ph .� V O• }�� V ,M1Y��� Mro ±. f 6741,0a ��pY yy►�(Q� J.� (��}fr ..6 k tj i r 1 •�'iy.s-4 3t Y +2t Y F 741,0 �R�a r:,NQ ts. - �s•;`a; Star ,.E ...,t ,:.x+ .,, r.� ,.:. :•... ...; ,..' .• 'r:, .. � ..;:r . ,.... .. ... . ....., .R x:�M*w�..{ ..l.N��rS'�:e�i:�z �i�'.NS�+..,�`ak"�.:d r t� t t5t 'C+ T LI f=- 1 " 7r, F I R E 5. OUTLET ENJ 1 ND HIG1 T. _C7�=: LESSEE shall have the right of ingress and egress to, from and upon the leased premises for all purposes necessary to the full quiet enjolment by said LESSEE of the rights conveyed herein. 6. UNAUTHOLLIZED USE: LESSEE shall, through its agents and employees prevent the unauthorized use of the leased premises or any use thareof not in conformity with this lease. 7. BSttGNMENT: This lease shall not be Assigned In whole or in part, without the prior written approval of LESSOR. Any assignment granted either in whole or in part without the prior written approval of LESSOR shall be void and without legal of f BCt. S. MANA¢tMENT PLAN: A Management Plan for the leased premizos shall be prepared by LESSEE, in accordance with Section 253.034, Florida Statutes, and Section 18-2.005, Florida Administrative code, and Chapter 18-4, Florida Administrative Code, within 12 months of the executicn data of this lease and _ .shall be submitted to LESSOR for approval through the Division of State Lands. The leased premises shall not be developed or physically altered in any way other than what is necessary for i_ security and maintenance of the leased premises until the Management Plan is approved, without thepriorwritten approval i of LESSOR,. LESSEE shall provide LESSOR with an opportunity to participate in all phases of preparing the development and Management Plan for the leased premises. The Management Plan shall -be !submitted to LESSORin draft form for review' and comments within ton months of the execution date of this lease. LESSEE shall.give LESSOR reasonable notice.of the application for and receipt of any state, federal or local permits as well as any i. public hcsazings or meetings relating to the development or use Qf 4 # ;the � leased premises. _LESSEE �Sball'- not A p proceed'with of said leased,premises,Including,`but not limited to,°funding, r arm e►pplicdtions, ;deeign or:- build'itg, +contracts tant�,l =.the, y - bA�4� s` { Menagemc�ra Flan required her i has' begin submitted 'attd a�provQA, , ti lEiancial '.commitmenirs s made isY LE38Rwhi�h :ale n�a.xft.�r ice' +'di s '~- t ir'{_!' weL'tiS:iiafz.e.-x, suia'ga..�.+Hri.4 Eldohh NhkKtiid3n� n. y t+-- .} 1� a^^ ' P i compliance with the terns of LhIS lease shall be done at LESSF;F'S :- tern risk. The Management Flan shall emphasize the original management concept as approved by LESSOR at the time of t. acquisition which established the primary purpose for which.the leased premises were acquired. The approved Management Plan shall provide the basic guidance for all management er:tivities tr d LF"r0D at least every and shall be reviewed jointly by LE.,SEE an five (5) years. LESSEE shall not use or alter the property except as provided for in the approved Management Plan without - the prior written approval of LESSOR. The Management Plan prepared under this lease shall identify management strategies fox exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved MAn&9ement Plan. 9. SEMENTS: All easements including, but not limited to utility easements, are expressly prohibited without the prior written approval of LESSOR. Any easement not approved in writing by LESSOR shall be void and without legal effect. 10. S DLEA S: This lease is for the purposes specified herein and subleases of any nature are prohibited, Without - the ,h prior written approval of LESSOR. Any sublease not approved;in writing,by:LESSOR shall be void and without legal. effect.. 1.1. $, gHT_QE,,TXHSPECTSON: LESSOR or its duly authorized n, agents, representatives or employees shall have the right at.any y and all times to insper-t the leased premises andthe works and operations of -LESSEE in any matter pertaining.to this lease, 1 following coordination with LESSEE herein. gLRCEN AHj2_.g.AvAr. F JH, vEM sNTS: All buildings, structures, improvements, and signs shall be cony -trusted in i accordance with plans ; prepared by px o f ess i.and l des igners, -anQ . aA1b require, ttie :prior 'WXitten; approval .of poae,` Purthar., ,rho .tames, otne�r ttnan: nori��nat��re r y,Yn �� � ¢ J Q yW� 1.S♦; ]+u ++'t F F}j'`�S za �� . ��; aPsQies shall ba rsmoVed oz majgx,itand--a�.texRtxQn tlQ� ����r a �7 ut. P ;iorr wF tt4i� approval.., o LESSQ#t. Re�1t7vAbX+ oq� pme k� aid 4 -Al ' iS N ,i&►r�av�amst: #'sect .�h+.. 1+�aa �smi±�sY _ r ; r �5 1 Aa .54 T U El part of tue. realty win remain da not become Pa and vthich theproperty of L Z S, 5 and may be removed by LESSEE Upon termination of this lehte- During the term of this lease a: LEgBEE 13. shall procure and maintain policies or fire, extended risk and liability insurance coverage. The extended risk and fire insurance coverage shall be J.n an amount equal to the full insurable replacement value of any improvements or fixtures n the leased Premises- The liability insurance coverage located 0 $ shall be in amounts not less than100,000.00 per occurrence and $200,000.00 Per accident for personal injury, death, and property damage on the leased premises. Such policies Of insurance shall name LESSOR, the State of Florida and LESSEE as co -insureds. LESSEE shall submit written evidence of having procu red a - insurance policies required herein prior to the effective date of P written evidence this lease and shall submit annually thereafter, of maintaining such insurance to the Bureau of Uplands Florida ulevard, TallShaSsse, 1! Management, 3900 Commonwealth DO c:; of insurance from a 31399. LESSEE shall purchase all POlici insurer duly authorized to do business -in financially -responsible the State of. Florida. Any certificate 0 self-insurance f nelf-insu shall be issioner, State Of. insurance Comm issued or approved by'the Florida. The certificate Of insurance shall provide for casualty notify LESSOR covera'n. and liability coverage.. LESSEE shall immediately and the insurance agent of any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the insurance agent to make adequate changes in the coverage tP reflect the changes in value. LrssrE shall be financially responsible for any loss due to failure to obtain adequate such POlicier- 4n"t-01". coverage, _.end failure to M nsurauce Constitute ti tu tiD a ­breach of n - :agrees, this lease, ena ts and EZ hereby cov 4 Tit Own oxv se i at at! i to `all 'olaitas of every` nature; investigate f1r:F ,,Prot, 0CV 'defend, save DO 4' 6 36.7 vo � L r r iti ��n ..., r - S ::x.wr.rn+.M%,*va+'krcr as+GBnu-�kwunnf:r,.npc.,.•s1hN.r � Ing '� t if r-_' c'► •�4 it I P.E #` i A norida and LESSOR from any and all claims, actions, lawsuits and, demandt of any kind or nature arising out of this lease to the extent provided by law. 15. F Mi C��_ X �.1�1yD ASSESSMIMTS: LESSEE agrees to a assume all responsibility for liabilities that accrue to tha a leased premises • or to the improvements thereon, including any and a. all ad valorem taxes and drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully asnessed and levied against the �E leaned premises during the effective period of this lease. i 16. PERM IMPPROV1 M 1 _s : A7.1 permanent improvements located on the leased premises shall, at the termination of this lease, become the property of LESSOR. } 17. rt0 WAIvER or_BREACH: The failure of LESSOR to insist in any one or more instances upon strict performance of k any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants,, terms or conditions, but the same shall continue in full force and �l a effect, and no waiver of LEssoR of any of tnc. provisions hereof — shall in any event be deemed to have been made unless the waiver is°set forth in writing, signed by LESSOR. TIME:Time is expressly declared to be the of essence t:hia leasa. G�19, NON DIS RC IMINATTO As a condition of obtaining this lease, LESSEE hereby agrees not to discriminate against and fi individual because of that Individuals race, color, religion, sex, national origin, age, handicap, or marital status -with respect to any, activity Occurring within the lessed premises ,fir upon lands adjacent to arid.used:as an.adjunct of the leased` � 9Y prt�miaQa . , , t 20, UTILITY FEE$• LESSEE Shall' PaY•.al] Charges for the fu�rnish:in of gms electrcit water and:other-public uCiltzeaF `F 9 r 3 ,ram tQ a leased p'roisps• f r xtj 15"i 1 • i 13rujkAt' U i This 7 ease doe$ .nod 'covet p+a role m 'r� fi E` tX k ' Petzoiaum gr►du►cts ax; miliera� s `and: does,''not give tho �yeA��j� F tiJ }f Yk '.iy.T. FMv is N 1 r r 44 'r' 9 __ R ca T LI I= a �� ±�; f= i t= �: F• a �i as I, 55:E Lu drill for or develol, the snme. ?GHT,.� _ D A IT: LESSEE shall matte available to LE9009 r..��. all financial records relating to this lease, and ZESb1A shall I t- have the right to either audit such records at any rcasor►ebie t( time or require the submittal of an annual independent audit by a s certified Public Accountant during the term of this lease. This t right shall be co7itinuous until this leave expires Or is 4 terminated and exercised without unreasonably interfering With the operation of LESSEES facilities. This lease may bs terminated by LESSOR should LESSEE fail to allow public access to — all documents, papers, Setters or other materials made or received in conjunction with this lease. pursuant to the provisions of Chapter 1.19, Florida Statuten. b_ i 23.ONbYTYON OF. PA.� LESSOR assumes no liability or obligation to LESSEE with reference to the conditions ai f H the leased premises. The leased premises herein are leased by j LESSOR to LESSEE in an "as is" condition, with LESSOR assuming no responsibility for the care, repair, maintenance or improvement - of the leased premises for the benefit of LESSEE. - 24. 92MMIL11AARCE WITH LAWS: LESSEE agrees that this lease is —�, �• conti.ngent upon and subject to LESSEE obtaining all applicable �x}! permits and complying with all applicable permits, regulations, � ordinances,rules, and laws of the State of Florida, the United �F States or of any political subdivision or agency thereof. Za. N(1TiCE: All notices given under this lease shall b© in E4 writing and shall be served by certified mail including, but not s limited 'to, notice of any violation served pursuant to 253.04, Florida Statutes, to the last address of the party to whom notice is to he given, as designated by such party in writitng. LESSOR t and LESSEE hereby designate.their,address as follows:fA: " LESSOR:.. De +artment 'of Natural Rre$ourcea ri Division Of, ta,to :Lands N 7 Svlrpau .of 'Uplands 'Mttnt►gement _s 394O OQmmgnweal.th Aoulevard F y lOrida239g allaihass ee F. � LESSE E. Oi,t s I Miiami 4 Pds ez�d +iopVi eti on Depart�nan t r w�, ' 1.3`gQ ti�artk�W.eat; 'th MStr�iat � ,� N Mittmi , Flo�i�ta -33125 � Asti � is � ..cis ,..•. _� , � e. �__ ...,r. .. .. .. .... _... �? . .. ..... . ,..:1. a. 9... ... � .., .._�v.Y t.< 4�..?;.�i.a�A�� v F a 7" r. . O tC)�tl'NA�i TEftf�= CUTO Shvul+ 26. RAli , LERsEF breach any Of ttte covenants, terms, or conditions of thin f: lease, LESSOR, shall give written notice to LESSEr to remedy such w15p days of such Notice. to the event within LL�BSEE fails d' breach ? a to remedy the breach to the satisfaction of LESSOR within th+ time period specified, LESSOR may either terminate all of LESSEES rights hereunder and recover from LESSEE all damages z LESSOR may incur by reason of the breach of this lease, iricivding the cost of recovering the leased premises or maintain this leAt�Q a in full force and effect and exercise a2] right:, and remedies herein conferred upon LESSOR. 4 } 2 7 . B!BM&" LESSEE agrees that; it will not do, or ^� suffer to be done, in, on or upon the leased premises or as affecting raid lensed premises, any act which may result in is damage or depreciation of value to the leased premises. or any r part thereof. LESSEE agrees that LESSOR may take uny remedy available to LESSOR ss a result of such failure by LSSS!".E. f 28. BURR R ' Upon termination or expiration of this lease, LESSEE shall surrender the"pr©mises to LESSOR. In the event no further use of the leased premises or any part thereof is needed, LESSEE shall give notification Co hSSSOR and the Bureau of Uplands Management, Division of State Lands, Department of natural Resources, 3900 Commonwealth Boulevard.,, �3 Tallahassee, Florida 32399 at least six (6) months prior to the release of any or all of the leased premises. Notification shAil r ' include a legal description, this lease number., and an ; explanation of the release. The release shall only be valid,if r execution of a release instrumen approved by LESSOR through thet ri with the same formality as this lease. peon termination or t, expiration of this lease, all improvements shall automatically t u 'become the property of LESSOR, unless LESSOR, at its option; should require immediate removal at LESSEE'S expense of t►ny or a11 ^such x4usments upr�n w itten, noticQ t;Q LE5S1+E. Any C improvemente to remain on the leased premldes upon jt oat ca fr � '� 15 r expi ration Q thzs I easy t,hai 1 be 'at LESSt?t' SQXs d aat'Q i f ,r 21-Z 1 } i - a t 'r f rs- z t r� r y w• a.t q r i ' �OEM',kuvlira:...st»asaa. 7. 'l i :t 1' i f? C f 1 t i 1 Lftg :E shall meet the following conditions upon termination or xp rdtion of this lease: (�) 'X'il structures or fired impLP Oveffiellts on the Ie-'ased premises meet all tuilding altid safety c�de� in the location Situated; (b) LESSEE shall properly dispose of paying any utility fees, including having all the utilitien turned off; (c) LESSEE shall not commit waste; fair wear and tear its acceptable] and (d) Prior to formal release a representative of the ' Division of State Lands shall perform an tin -site inspection and the keys to any building on the jehtsed premises stlail be turned over to the Division. lj if the leased premises do not meet all conditions agreed upon, LESSEE shall reimburse LESSOR for any expenses auditions. An structures or incurred in meeting the prescribed c Y fixed improvements remaining on the leased premises shall inure to the benefit of the State of Florida. 29. HEaT MANAGEMENT 1PRACTiCgs: LESSEE agrees to implement applicable Best Management practices for all activities conducted — under this lease in Compliance with paragraph 18�-2.004(l)(d) Florida Administrative Code, which have been selected, developed,; or approved by LESSOR or other land managing agencies far the t protection and enhancement of the leased premises. nTNST • IENS OR OTiiEn Rld[ UMBRAjLgr_M 30. �RONiBTT?ONS_Sz�a ,A LESSEE hereby covenants and agrees that fee title to the leased 3 premises is owned by LESSOR and that LESSEE shall not door i permit anything. to be done which purports to create a lien or encumbrance of any nature against the real property.contairled in, gs this leased premises including, but. not limited to,. mortgages, or'...,f construct ion 3.iens -against:` the leased premises car against any ,? Y int:ereat Oaf LESSEEthere .n`. v r i;rr i . i.'- l;, ,:: i • , 5 : < ' `' '' err �r `F �Nany torm,Cavhte1 � W- .ter.. ea T 1_1 11�3 F I R E "ar• r i x centa rider bi the provisions shall rc:rr►airI "I fu13 force and effect and shA72 in no way be affected, impa2red or invalidated. ' 32,OHAEOLOG!Ci, ANfi HY9Tl7i. .$17ES: Execution of this j lease in no way affects any of the parties' obligations pursuant � to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic bates on state --owned lands is prohibited unless prior authorization has been obtained from the Division of Historical Resources of the Department of State. The Management Plan prepared pursuant to ; 18-2.005, Florida Administrative Code, shall be reviewed by the Division of historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the leased premises. 33. a oyERi LCL4TY Thir. lease does not authorize the use of any lands Located waterward of the mean or ordinary high water line of any lake, river, stream, creek., t3y, tz _ estuary, or other water body or the waters above such lands or r the air space thereabove. � 34. DUPLICATE oAiGINBLS: This lease is.executed in . duplicate originals each of which for all purposes shall be considered an original. - rth the entire ` 35. ENTIRE UNDFRSTANDi 7: This lease sets io i between the parties. It shall not be changed or understanding terminated orally. The provisions of this lease are not severable. This lease shall not be amended without the prier written approval of LESSOR. Any amendment not formalAY approved in writing by LESSOR and executed with the same: formality as this lease shall be void and without legal effect. 4 36 LINTENANCE LESSEE hereby, covenants and ,agrees to maintain the real property, contained within the Y, ¢ k� 1mi�sed. PXemiesea and any atructti:ra or fixed` impralrements' ? cicrite�K Chereon in a state of good condition and repaix �.ncludip� btY'w y ' riot limito4 to, . keeping the leased premises' fzee of trr►sh or' itter, maintaining any an slX existing roads, cagal8, ditcI �a, =; S - y FI'4hY+��i '7 py T •� iM� ' { ^ 3Sm..:iini.l Y%+••cHtr:JtiNss}a AtitlAU?i�+�iM+tKburnwdifkMY`#Wl- Y — 79 j ctlivei-r.s, risers a13d this like in ris as the st,me may be at the date of this lease; provided, however, that any removal, closurer etc of the above improvementsshall b+� � aedeptable when the proposed activity is consistent with the goals of conservation, protection and enhancement of the natural resources within the leased premises and with the approved Management plan. 37 . AST_ TO LEP�SF „�GREMNT�ERS ANI�_,COND��IONS : I.F.SSEE joins in this lease for the purpose of indicating its ascent to all terms and conditions hereof and agrees to be bound hereby. 36. OOVERNING LAW: This lease shall be governed �= by and interpreted according to the laws of the State of Florida. 39. AECTSOI_CAP_i'� ONS: Articles, subsections and other captions contained in this lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this lease or any provisions thereof. IN WITNESS WHEREOF, the parties have caused this ]ease to be executed on the day and year first above written. _ BOARD OF TRUSTEES QF THE INTERNAL -� IMPROVEMENT TRUST FUND Off' THE -_ STATE OF FLORIDA (SEAL) — DIRECTOR, DIVISION OF STATE ,AS S Witness ={ LANDSf DEPARTMENT OF NATURAL ` _S4 RES011RCES t ; Witnaaa s, _ "LESSOR" t STATE OF FLORIDA "! COUNTY OF LEON sA The foregoing instrument was acknowledged before me this'. day of 19 by Percy W. Mallison, Jr., as Director, Division of state Lands, Department of Natural ;¢ Rseources. ���� i ( $RAT ; NOTARY PUBLIC _. ) a o F — My commission xpires: a•ai _. Approved as to Form and Legality a Xef�� By DNR Attorney. M' r }ir ryp�, ft 1 f k' P i �t i i f .fir JFyn - a.F:-;i%t� � � °s..��... �wn, v p..•: ..�.,.. P , x , > .. .- .. ,. ....- , -... . ".".. _ "_" .. 4 , n�. x,_x E �-����?.�+� ME lop aY p EXHIBIT A $ L Gl�1, bE'SCRIPTION Of- THE LEASED I'RF.MISES r' Lot 7, of TWIN RIVER ISLAND` according to the Plat, thereof, an recorded in Plat Book 40, at Page 84 of the Public Records of Dade County, Florida, together with the Improvements located —. thereon. AND, - The East of Lot 5, of TWIN }LIVER ISLAND, according to the Plat - thereof, as recorded in Plat Book 40, at Page 84, of the Public = Records of Dade County, Florida, more particularly described as: Starting at a point which is the Northwest corner of Lot 5, of TWIN RIVER ISLAND, according to the Plat thereof, -as recorded in _ Plat Dook 40, at Page 84 of the Public Records of Dade County, Florida, proceed along the North boundary of said Lot 5, in a - southeasterly direction for a distance of 50 feet, more or less, to a point midway between tho East and West boundary of said Lot - 5 and located on the North boundary thereof for the point of beginning, thence in a Southwesterly direction along a line parallel to the West boundary of said Lot 5, for a distance of 261.28 feet, more or less, to a point midway between the East and West boundary of said Lot 5, and located on the South Boundary thereof; thence along the South ioundary of Lot 5 in a Southeasterly direction for a distance of 55.26 feet, more or t_ less, to a point which is the Southeast corner of Lot 5; thenco s along the East boundary of said Lot 5, in a Northeasterly - direction for a distance of 275.71 feet, more or less, to"a"point which is the Northwest corner of said Lot 5; and thence along the Northboundary of said Lot 5 in a Northwesterly direction for a,: - �= distance of 50 feet, more or less, to a Point of Beginning, which is.midway between the'Rast and West boundary of said Lot 5,, on,.,. -- the North boundary thereof, all situate, lying, and being in Dade_ County, Florida, together with the improvements located,thereon.-" Subject to restrictions, conditions, limitations and easements -of record, if any, but this provision shall not operate to reimpose '- the same. =s ,r