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HomeMy WebLinkAboutSubmittal-License AgreementThis documentre ared b SUBMITTED TH p p Y and after recordation return to: v�� 1 PUBLIC RECORD FDR Iris Escarra, Esq. Greenberg Traurig ITEMOCS 1221 Brickell Avenue a 22nd Floor Miami, FL 33131 LICENSE AGREEMENT THIS LICENSE AGREEMENT, ("AGREEMENT"), is made and entered into this day of JANUARY, 2010 (the "Effective Date") by and between BRICKELL FLATIRON LLC, a Florida limited liability company, its successors, heirs and assigns ("OWNER/DEVELOPER"), and the CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida, in the County of Miami -Dade ("CITY") (the OWNER/DEVELOPER and the City are sometimes hereinafter collectively referred to as the "PARTIES"): RECITALS WHEREAS, OWNER/DEVELOPER is the owner of the real property described in Exhibit A attached hereto and incorporated herein by reference ("PROJECT PROPERTY"); and WHEREAS, the PROJECT PROPERTY is the subject of City of Miami Resolution No. R-06-0400, as same may be modified from time to time (collectively, "RESOLUTION"), which authorizes certain development to occur on the PROJECT PROPERTY, said development being hereinafter referred to as the "PROJECT"; and . WHEREAS, the CITY desires to use a portion of the PROJECT PROPERTY for passive park as depicted in Exhibit `B" ("LICENSED PROPERTY") ; and WHEREAS, the OWNER/DEVELOPER shall also maintain the City Park located at 20 SE 10th Street, Miami, Florida (ALLEN MORRIS PARK) as described in Exhibit "C"; and WHEREAS, OWNER/DEVELOPER desires certain commitments and assurances from the CITY as to OWNER/DEVELOPER'S rights to develop and use the PROJECT PROPERTY,- NOW ROPERTY; NOW THEREFORE, in consideration of the premises and the mutual covenants, conditions and agreements contained herein, the OWNER/DEVELOPER and the CITY do hereby agree as follows: The Recitals set forth above are true and correct and are incorporated herein by reference. 2. OWNER/DEVELOPER agrees the CITY shall have an exclusive license to utilize the LICENSED PROPERTY for the exclusive purpose of passive park use until such 09- 0��55-Q _ Exh � 6 � - E'Ce4 s�., P , rnen-t time as the PARTIES agree to terminate this AGREEMENT. The use shall begin within fifteen (15) days of the completion of the park improvements ("LICENSE"). Such IMPROVEMENTS, as attached herein as Exhibit "D," shall be completed no later than Four (4) months from the Effective Date of this Agreement. The term of the LICENSE may be extended with agreement of the PARTIES. The term "LICENSE TERM," as used in this AGREEMENT, shall mean the LICENSE TERM which shall continue on an annual basis until such time as the AGREEMENT is terminated.. OWNER/DEVELOPER shall have the right, upon giving not less than one hundred and twenty (120) days prior written notice to the CITY, to terminate the LICENSE. The CITY shall have the right, upon giving not less than ten (10) days prior written notice to the OWNER/DEVELOPER, to terminate the LICENSE at any time. 3. The CITY shall honor the OWNER/DEVELOPER's rights to develop the PROJECT in accordance with applicable laws. The OWNER/DEVELOPER shall have a stay of time of their present MUSP approvals, as may be amended, during the term of this LICENSE, therefore during the effective dates of this LICENSE TERM the MUSP and any amendments thereto, shall not accrue time or expire. This LICENSE does not effect the MUSP rights authorized by the City of Miami Zoning Code of Ordinances, as amended. Any MUSP extensions permitted at the time of the execution of this AGREEMENT would be applicable at the termination of the LICENSE TERM, including two (2) additional twenty-four (24) month extensions permitted under Zoning Ordinance 11000 and Miami 21. 4. All rights and privileges under this AGREEMENT shall be honored from the EFFECTIVE DATE to when (i) the LICENSE TERM expires or the LICENSE AGREEMENT is terminated in accordance with the terms of this AGREEMENT or (ii) the date the CITY returns complete possession and control of the LICENSED PROPERTY to the OWNER/DEVELOPER. Upon termination or expiration of the LICENSE TERM, the PARTIES shall execute, in a recordable form, a Notice of Termination of this AGREEMENT, which shall be recorded in the Public Records of Miami-Dade County, Florida. The CITY agrees that, unless requested by the OWNER/DEVELOPER, during the time of the LICENSE TERM pursuant to this AGREEMENT: (a) the CITY shall take no action, legislatively or otherwise, to modify the PROJECT and (b) no modification of City Zoning Ordinance No. 11000, or modification or adoption of any other ordinance or regulation, that shall negatively impact the ability of the OWNER/DEVELOPER to develop the PROJECT, except as would be approved under a substantial modification submitted by OWNER/DEVELOPER. 5. During the LICENSE TERM and so long as the CITY has possession or control of the LICENSED PROPERTY, the OWNER/DEVELOPER shall maintain the LICENSED PROPERTY in a clean, safe, and orderly condition and it shall not allow any nuisance to occur upon the LICENSED PROPERTY. The OWNER/DEVELOPER shall be responsible for the payment of all reasonable costs of maintenance and all reasonable costs pertaining to the use of the LICENSED PROPERTY, including, but not limited to, the cost of security, electricity, water, sewer, and any other utilities. Notwithstanding any other provision of this AGREEMENT, the OWNER/DEVELOPER shall retain the right to enter and inspect the LICENSED PROPERTY at any time to: (a) determine that this AGREEMENT is being complied with by the CITY; and (b) to conduct any surveys, tests and sampling (including the taking of ground core samples) related to future development on the LICENSED PROPERTY (cumulatively "SURVEYING AND TESTRVG' ), without, however, interfering, obstructing, or diminishing the CITY's use of the LICENSED PROPERTY. The OWNER/DEVELOPER will provide the CITY with not less than 48 hours written notice of its intent to conduct SURVEYING AND TESTING on the LICENSED PROPERTY and after completing the SURVEYING AND TESTING will restore said property to the condition it was in prior to the SURVEYING AND TESTING. 6. Any improvements to the LICENSED PROPERTY during the LICENSE TERM shall be at the sole cost and expense of the OWNER/DEVELOPER, as set forth in ExhibitD attached hereto and incorporated herein, by reference. The OWNER/DEVELOPER's improvements to the LICENSED PROPERTY shall be limited to the installation of furniture, fountains, lighting, and landscaping (collectively, "IMPROVEMENTS"), unless otherwise agreed to in writing by the OWNER/DEVELOPER. Upon the expiration, or earlier termination of the LICENSE TERM, and all IMPROVEMENTS on the property shall remain the sole property of the OWNER/DEVELOPER and the CITY shall have no claim of right to such IMPROVEMENTS. 7. OWNER/DEVELOPER shall be responsible for the payment of ad valorem, property taxes, sales, use or any other taxes or governmental levies . on the LICENSED PROPERTY and the PROJECT PROPERTY during the LICENSE TERM. OWNER/DEVELOPER retains the right to challenge the amount of any tax assessment imposed upon the LICENSED PROPERTY. The sole and exclusive use of the LICENCED PROPERTY during the LICENSE TERM shall be for a passive public park. CITY, through the City Manager, shall assist OWNER/DEVELOPER, as may be reasonably needed, in assisting OWNER/DEVELOPER with its petition to Miami -Dade County Property Tax Collector in assuring the Tax Collector of the PROPERTY's limited use. 8. The City agrees to indemnify and hold harmless the OWNER/DEVELOPER to the extent and within the limitations of Section 768.28 Fla. Stat., and subject to the provisions of that Statute, whereby the City shall not be held liable to pay a bodily injury or property damage claim or judgment by any one person that exceeds $100,000, or any claim or judgments or portions thereof, that, when totaled with all other occurrences, exceeds $200,000, from any bodily and all personal injury or property damage claims, liabilities, losses and causes of action arising from the same claim which may arise solely as a result of the negligence of the City in connection with its rights and obligations under this AGREEMENT. The City retains all rights and sovereign immunity defenses available to it under Section 768.28, Fla. Stat., and this provision does not alter the state's sovereign immunity nor extend the City's liability beyond that established in Section 768.28, Fla. Stat. Nothing herein shall be deemed to indemnify the OWNER/DEVELOPER or any third party from any liability or claim arising out of the negligent performance or failure of performance of the OWNER/DEVELOPER or its employees, agents, servants, partners, principals or subcontractors, or any unrelated third party. The OWNER/DEVELOPER expressly understands and agrees that any insurance protection required by this AGREEMENT or otherwise provided by the CITY shall not broaden or enlarge the duty to indemnify beyond the express limitations of this section, nor does it apply to any other damages, claims, liabilities, losses and causes of action, except as herein provided. 9. The OWNER/DEVELOPER does hereby agree to indemnify and hold harmless the City, its officials, employees, agents and assigns from and against any and all claims, damages, losses, and causes of action, resulting in bodily injury and/or property damage claim, arising solely out of the negligence of the OWNER/DEVELOPER, its employees, agents and any contractors hired by the OWNER/DEVELOPER, directly in connection to the PROPERTY or its duties as the OWNER and as the DEVELOPER of the PROPERTY. 10. The OWNER/DEVELOPER agrees to carry and keep in full force and effect at all times during the LICENSE TERM, a commercial general liability/excess casualty policy of insurance with limits of at least $2,000,000 per occurrence and $10,000,000 aggregate, subject to a maximum self insured retention limit not to exceed $500,000 for bodily injury and property damage. In the event of a loss, the OWNER/DEVELOPER shall be responsible for payment of any and all applicable policy deductibles, including self insured retentions, expenses and costs associated with the loss. The policy must include coverage for premises and operations liability, products and completed operations, contractual and contingent liability, and personal and advertising injury liability. The coverage must be placed with an insurance carrier authorized to do business in the -State of Florida. 11. The insurance policy shall be paid for by OWNER/DEVELOPER. 12. The insurance carrier issuing the insurance policy must be rated no less than (A) as to management and no less than a Class (V) as to its financial strength by the latest edition of Best's Insurance Guide and must be approved by the City's Risk Manager. The OWNER/DEVELOPER shall provide a certificate of insurance naming the City as an "Additional Insured", and/or "Additional Covered Party" on their policy as required herein. Certificates of insurance shall be supplied to the satisfaction of the CITY and shall be subject to the approval of the City's Risk Manager and the City Attorney, prior to the commencement of the LICENSE. All insurance certificates shall provide at least thirty (30) days advance written notice of any material changes or cancellation, except for non payment of premium. The CITY shall have the right to terminate this LICENSE AGREEMENT if OWNER/DEVELOPER fails to comply with the insurance requirements contained herein. Notice of termination must be in writing giving (10) days to the appropriate party as listed herein. 13. The OWNER/DEVELOPER further agrees to maintain the City's ALLEN MORRIS PARK located at 20 SE 10th Street, Miami, Florida described in Exhibit "C" in conjunction with the maintenance of the LICENSED PROPERTY. The OWNER/DEVELOPER shall maintain the ALLEN MORRIS PARK. . Maintenance for both parks includes the placement of all waste into the City provided waste receptacles, proper landscaping and irrigation, the preservation of the park's appearance, cleaning and repairing the park's furniture, lighting, landscape upkeep and mowing, and all other necessary park functions The City will be responsible for regular waste pick up of the City receptacles. 14. The individuals executing this AGREEMENT each represent that he or she is fully authorized by law to bind the party for whom such individual is executing the AGREEMENT. 15. An action to enforce this AGREEMENT may be brought by either Party in law or in equity, and each party in any such litigation shall bear its own costs. The bringing of a claim shall not be deemed to be an election of remedies or the waiver of any other claim or remedy. 16. Any notice, request, demand, approval or consent given, or required to be given, under this AGREEMENT shall be in writing and shall be deemed as having been given when mailed by United States registered or certified mail (return receipt requested), postage paid, to the other parties at the addresses stated below or at the last changed address given by the party to be notified as hereinafter specified: OWNER/DEVELOPER: BRICKELL FLATIRON, a Florida limited liability company c/o Iris Escarra, Esq. Greenberg Traurig 1221 Brickell Avenue, 23rd F1 Miami, Florida 33131 CITY: City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 17. If any obligation of either party pursuant to this AGREEMENT, or the application of any obligation of either party to any entity, person, or circumstance ("PARTICULAR APPLICATION") shall, to any extent be invalid or unenforceable, the OWNER/DEVELOPER or the CITY, as applicable, shall have the right either to declare the entire AGREEMENT and the LICENSE terminated or to declare that theAGREEMENTand the LICENSE shall remain in full force and effect with the exception of the invalid or unenforceable term or provision or PARTICULAR APPLICATION. If the notifying party (i.e. OWNER/DEVELOPER or the CITY, as applicable) elects for the AGREEMENT to remain in effect pursuant to the provisions of this paragraph, then the remainder of this AGREEMENT, or the application of such term or provision to any entity, person, or circumstance other than the PARTICULAR APPLICATION, shall not be affected thereby, and each term and provision of this AGREEMENT shall be otherwise valid and enforceable to the fullest extent permitted by law. 18. It is expressly understood and agreed by the PARTIES that this AGREEMENT shall be a covenant running with the title to the LICENSED PROPERTY and, additionally, shall be binding upon the CITY and the OWNER/DEVELOPER, and also upon their heirs, successors -in -interest, and assigns, and any conveyance or other instrument affecting the title to the aforesaid LICENSED PROPERTY shall be subject to the terms of this AGREEMENT. 19. This AGREEMENT constitutes the entire AGREEMENT between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties with respect thereto. 20. This AGREEMENT shall be construed in accordance with, and governed by, the laws of the State of Florida. Venue for all actions under this AGREEMENT shall be in Miami - Dade County, Florida. 21. OWNER/DEVELOPER represents and warrants that there shall be no unlawful discrimination as provided by, federal, state or local law, in connection with its performance under this AGREEMENT. 22. Preparation of this AGREEMENT has been a joint effort of the parties and the resulting document shall not, solely as a matter of interpretation or judicial construction, be construed more severely against one of the parties more than the other. 23. This AGREEMENT may not be assigned, transferred, sold, pledged or encumbered by the OWNER/DEVELOPER without agreement by the CITY. [signature page follows] Signed, Sealed and Delivered in the OWNER/DEVELOPER Presence of BRICKELL FLATIRON, a Florida limited liability company Print Name: Address: Print Name: Address: STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) By: _ Name: Title: The foregoing instrument was acknowledged before me this day of ,2010, by ,as the of BRICKELL FLATIRON, LLC, a Delaware limited liability company, on behalf of such company; such person ( ) is personally known to me or ( ) presented as identification. NOTARY PUBLIC STATE OF FLORIDA Print Name: Commission No.: Commission Expires: [SEAL] Approved as to Legal Form: Julie O. Bru, City Attorney Approved as to Insurance Requirements: Lee Ann Brehm, Risk Manager Signed, Sealed and Delivered in the CITY OF MIAMI Presence of: In Print Name: Address: Print Name: Address: STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Pedro G. Hernandez, City Manager The foregoing instrument was acknowledged before me this day of , 2010, by Pedro G. Hernandez, the City Manager of Miami, on behalf of such City; such person ( ) is personally known to me or ( ) presented as identification. NOTARY PUBLIC STATE OF FLORIDA Print Name: Commission No.: Commission Expires: [SEAL] MIA 181, 020, 661 vl LOCATION MAP -SOUTH - i MIAMI -= 22 23 - - AVENUE UTILITY bsEMENT & I MIAMI REVISIONS LAND SURVEYORS- ENGINEERS- LAND`PIANNER5.- 32440 TORPOR . WAY-MIRAMAR; FL 33025 NORTH PHONE No.(954)435-7010.", fFAX;::No., 954)43 3288,. ORDER NO. 197.322 i P.REP� �D UNC MY `SUPERVISION:. ... JANUARY 13, 2010 DATE: SCALE 1"=100' THIS IS NOTA "BOUNDARY SURVEY." -MA . K- VEVEN � JOHNSON Kv"544iwmmlFunnoM UMTrK¢RnfTfe,pTffLCO IVWTWR4&T10N No. LB -87 FCORIDA;PPOFt§SIGNAL LAND SURVEYOR No. 4775 SHEET 1 OF 3 SHEETS SKETCH TO ACCOMPANY LEGAL DESCRIPTION ------------------- N00'13'15"W ------------- S00'i3'15'E-8.09'- N SOUTH MIAMI AVENUE — — —WEST LINE BLOCK 875 (P.B. 8_PG. 41 _ N89'20'23'E-5.00' — t D-164'46 "45 " R= 4.00' A= 1 1.50' N00' 13' 15 "W-227.87' AREA=8, 966 sq. ft. Sls MIAMI (P.B. B, PG. 41) E37, w 0) N P. 0.0 N. W. CORNER; BLOCK 87 SOUTH; MIAMI (P. B. B, PG. 41) __rr- - r--_--------t_ I 50' R/W CLOSED & VACArED BY BY RESOLUTION a m I R-06-0088 �a 0o N a I Im I EgST L/A,E el0 O 2�8 `� S �, N ^ I UTILITY EASEMENT is -`- K 8jS (03 Pa, e 19 METRONO D=04' 14'02 j & EASEMEN>ME I^ . R�C FC 'I")R= 137.00' _ALL A= 10. 12' m I (PROPOSED PLAT OF I i t BRICKELL FLATIRON) i m N7s. PL x IS00'39'37'E } I? \ _ �--� �p E AZA z i RADIAL \ _ o REVISIONS --��Cl LAND SURVEYORS -ENGINEERS -LAND' PLANNERS"' '.32 jr POI WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010' F No;/.(9 4)43 -3288; NORTH ORDER NO. 197322 "PREP R U} q Mk SUPFQI?SfON: DATE: JANUARY 13, 2010 SCALE 1 "=30' THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN'JOHNSOk, K.-1"11--IFvainowtu--06RWi((�IPTELc(2erpW*W tL7ATION No. LB -87 FLOR(DA; 'PROFESSION4L, LAND SURVEYOR No. 4775 SHEET 2 OF 3 SHEETS LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF BLOCK 87S, MIAMI, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B AT PAGE 41 OF. THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LYING SOUTHERLY OF A UTILITY AND METROMOVER EASEMENT, AS SHOWN ON THE PROPOSED PLAT OF BRICKELL FLATIRON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE N.W. CORNER OF BLOCK 87S, OF SAID PLAT OF MIAMI; THENCE SOUTH 00 DEGREES 13 MINUTES 15 SECONDS EAST, ALONG THE WEST LINE OF SAID BLOCK 875, FOR 8.09 FEET; THENCE NORTH 89 DEGREES 20 MINUTES 23 SECONDS EAST FOR 5.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL THENCE CONTINUE NORTH 89 DEGREES 20 MINUTES 23 SECONDS EAST FOR 60.29 FEET TO A POINT OF CURVATURE, SAID POINT BEARS SOUTH 00 DEGREES 39 MINUTES 37 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 137.00 FEET; THENCE ALONG SAID CURVE TO THE LEFT FOR AN ARC DISTANCE OF 10.12 FEET THROUGH A CENTRAL ANGLE OF 04 DEGREES 14 MINUTES 02 SECONDS TO A POINT; THENCE SOUTH. 15 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG THE EAST LINE OF SAID BLOCK 87S, FOR 238.19 FEET TO A POINT OF CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 4.00 FEET; THENCE ALONG SAID CURVE TO THE RIGHT FOR AN ARC DISTANCE OF 11.50 FEET THROUGH A CENTRAL ANGLE OF 164 DEGREES 46 MINUTES 45 SECONDS TO A POINT OF TANGENCY; THENCE NORTH DO DEGREES 13 MINUTES 15 SECONDS EAST, ALONG THE WEST LINE OF SAID BLOCK 87S, FOR 227.87 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED LAND CONTAINING 8,966 SQUARE FEET. NOTES 1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF• N 15'00'00" E, ALONG THE MONUMENT LINE OF S.E 1st AVENUE 2) ORDERED BY- PARADISE INTERNATIONAL DEVELOPMENT 3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 21. l / REVISIONS LAND SURVEYORS —ENGINEERS=LAND PLANNERS,..—, 3240:.CO..AY—MIRAMAR,' FL 33025 PHONE No.(954)435.=7010 NO 197322 ORDER NO. F?RE1? D ,frf ;S�IFERY1SlON DATE: JANUARY 13, 2010 _ THIS IS NOT A " BOUNDARY SURVEY" MARk StEVEN . lOHlV50N. Kva�+rveMaFv.�M E RblfffGi4T�i�9fe.sq�h7hlfJR T10N No. L6-87 FLORIDA MOFESSIONAC'IANO SURVEYOR No. 4775 .SHEET 3 OF 3 SHEETS Miami -Dade My Home My Home is n�dade.go Property Information Search By: Select Item I Text oals Property Appraiser Tax Estimator Prooertv Appraiser Tax Comparison ( OF MIAMI -DEPT OF ET MANAGEMENT SION SW 2 AVE STE #325 NI FL Page 1 of 1 AppliedApplied axing Authority: Exemption/ Exemption/ Taxable Taxable Value: Value: Additional ] nforrnation: unity Development District unity Redevelopment Area Jenment Zone rise Zone Land Use Development.Boundary Digital Orthophotography - 2007 D 115.ff lyy HO MAI Propertv..lnformation I Property Taxes y Nelahborfiood l Property Appraiser Home.I Using Our Site l:AboutI Phone Directory I Privacy I Disclaimer, If you experience technical difficulties with theAroperty lnfornatlon appllcatlon, or wish to send us your comments, questlons:orsuggestions please emall us at Webmaster. Web Site C 2002'Mlanil-Dade County. All rights.reserved. Legend Property Boundary Selected *101 Property . Street r/ Filghway Mlaml-Dade County. ® Water N W+E S AlIty, Moylls ])()Lrk http://gisims2.miamidade.gov/tnyhorhe/prbpmap.asp 1/26/201* 14 DEC 11 M 11 01 WARRANTY Dr- ED E� 8854 55 THIS WARRANTY DEED made and executed ther••"r/lday of /(/J,:,•,�;•/.•rr A. D. 1974 by 1000 BRICKELL, INC. a corporation existing under the laws of the State of Florida, and having its principal place of business at 1000 Bricke[l Avenue, Miami, Florida, hereinafter called the grantor, to CITY OF MIAMI, a Municipal corporation, whose post office address is.post Office Box 708, Coconut Grove, Florida, hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument, and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration of the sum . of $]0. 00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, rciease, convey and confirm unto the grantee, all that certain land situate in Dade County, Florida, viz; A portion of Lots 7 and 8, Mock 72 South, CITY OF MIA M1, according to the plat thereof.recorded in PL•at Book "Tile ut .Page 41 of the Public: Records of fade County, Florida, tieing particularly ices- _ cri ud us futiows: 0 7 3 6 9 3 Begin at thr. Southeast cornvr'of naid Lot 7; then run Northeasterly aloof; the Southeasterly boundary of said Lots '7 and A a distanccr of 1'0.3-66 feet to the most Easterly corner of said I.tat 6; thence run -—'--.�--' ' ---"' eK r•r yalong the or )ounc ary n sa>. ,o it dDitance cif 1011.51 feet to a point said point being J- 109 56 fc.a i Last of the West boundary of said a D Block 72 5uuth; thence, run Southerly over and auras -s said bots 7 :and 8 .long a line parallel to rrr .ciC ---- Clic West boundary of said Block 72 South a distance e C� ori.100. OD fret to the point of intersection with the ;UJ� South bound, of said Lot 7; thence run Easterly I '� Ck I along the South boundary of said Lot? -n distance of ?��• 10 1 76. 28 r6ct to the Point of Beginning, containing an II)I11'I11111I,11`I arca of Il, 000 square feet, more or less, and: hi; r Lnt 1, Block 73, SOUTII CITY OF MIAMI, according to the plat lheraof recorded in Plat Rook "B" at ?mac !ui Page 41 of the Public Records of Dade County, Florida. i'1 a� oaul•. LLSS AND ENCLPT1NG TIIP:RL•'FROM the"South 14 7 feet and the West 114, 14 feet thereof. Containing an ,arc Area of 3, 000 square feet, more or less. S-UBJE(GT •CO: All conditions, restrictions, limitations, casements and zoning ordinances of record and taxes for the year 1073 and thereafter. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To HAVE AND TO HOLD, the same in ice simple forever; provided however, that If any part of the .property herein conveyed shall ever be used for any purpose other than public park purposes, the estate hereby granted D° Akpor Morris par( -- ; REQ 8854 p 563 - 2 - to the grantee shall eutomatically and immediately terminate, and all right, title and interest iq and to such property shalt thereupon revert to' the grantor. AND the grantor hereby covenants with said grantee that it is lawrully seized of said land in fee simple; That it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whom- soever; and that said land is free of all encumbrances. j,Qarp6!c4e•,scal) IN WITNESS WHEREOF. the grantor has caused . �p ;� tliese presents to be executed in its name, and U.- its corporate seal to bn hereunto affLved, by its n" proper officers thereunto cluly authorized, the '•,4 3y�; ; (lay and year first above written.. A'f'fEST: -}1J 10110IiHI['KI?LL, INC. +j tie(: -o. ry Signed, scaled and delivervrl in tis present - - fly: : d�-t ,tr Vicc•-f'rosirlr,.q.t STATE: OV 111,0114DA winr(.nc 14:V"d W "a COUNTY OF D"Al)1'. ) RICiA:I.! T.B RINSER arca'c mr U60 ( I IIL•:RI.,ny ('f:RTIL'Y that ou this (lay, licfory mc,. an officer duly :luthorixad in the State and County aforesaid to take acknowledgments,. personally appear•@d DAME'S V. B0YI:.•rT, JR.. and HILL L. SPENCER, well known to me to ie the Vice -President and Secretary respectively of the corporation named as grantor in the foregoingdeed, and that they sevenafly'aeknowledged-executing the same in the .presence of two sub - scribing w'itnesseu freely. and voluntarily under -authority duly vested in them by said corpuraLion and that thv teal affixed thereto 19 the true corporate split of said corporation. WITNESS my hand and official seal in the County and Statelast aforc- yuid this clay of �thi, A. I). 11174. c(r,clul, "e, Vt . VJ:,1N( PU11017. S?ATl .1 II.04lbA .I.l My GgS:,ISSIea'LdMM APIIIL l•.r, U'A.- This Instrument.pre,pareil by; Douglas D. Bat.chelpr, Esquire 2660 Fire Federal Building 1 S. E. 3rd -Avenue Miami, Florida 33131 EXHIBIT "D" PARK IMPROVEMENTS The following improvements are a minimum of what shall be designed and submitted for approval to the District Commissioner and the Parks Director, prior to construction: Six (6) Benches 2. Walkways Native species landscaping 4. Irrigation 5. Lighting 6. Minimum of twenty (20) trees to be installed with a minimum of 2 inch diameter and 12 feet in height pursuant to Article 8. 1, Tree Protection in Zoning Ordinance 11000.