HomeMy WebLinkAboutCRA-R-15-0054 Backup111111111111111111111111111111111111111111111
This Instrument was
prepared by
Debra Herman, Esq.
Miami -Dade County Attorney Office
Stephen P. Clark Center
111 N.W. 1st Street
Suite 2800
Miami, Florida 33128
CFM 2013R0384021
OR Bk 28631 Pes 1277 - 12881 (12P9s)
RECORDED 05/15/2013 14144:46
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
SUPPORTING
DOCUMENTATION
DECLARATION OF RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS (the "Declaration") is made as of
2013 by and between Miami -Dade County, Florida, a political subdivision of the
tate bf `1~'lorida (the "County") and the Southeast Overtown/Park West Community
Redevelopment Agency, a public agency and body corporate to Section 163.356, Florida Statutes
(the "CRA").
RECITALS
A. The County and the CRA hold or claim fee simple title interest in and to the land
in Miami -Dade County, Florida, legally described in Composite Exhibit "1" attached hereto (the
"Property").
B In accordance with the terms of the settlement agreement dated as of
, 2013 by and between the City of Miami, a municipal corporation (the "City"), the
County and the CRA (the "Settlement Agreement"), the County has agreed to quit claim its
interest in the Property to the CRA after the recordation of this Declaration,
C. The City has quit claimed its interest in the Property to the CRA.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the County and the
CRA, as the current owners of the Property, agree as follows:
1. Recitals. The recitals to the Declaration are true and correct and incorporated
herein by reference,
2. Development Restrictions. The CRA and the County agree that the Property shall
be developed as (a) a retail, office, hotel and/or permitted institutional component containing a
minimum of 30,000 square feet and a sufficient number of parking spaces not less than as
required by the applicable building codes, (the "Retail Component") and (b) a parking garage
containing a minimum of three hundred (300) parking spaces (the "Parking Component") of
which up to fifty (50) parking spaces may be utilized to satisfy the parking required for the Retail
Component in 2(a) (collectively the "Project"), If the Parking Component includes any office
space and/or a retail liner exceeding 5,000 square feet then, up to 5,000 square feet can be
Book28631/Page1277 CFN#20130384021 Page 1 of 12
deemed to reduce the minimum 30,000 square foot requirement of' the Retail Component. The
lot coverage of the Parking Component will not exceed (i) the maximum required by the
applicable zoning code; or (ii) fifty percent (50%), whichever is less.
3. Selection of Developer. The County agrees that no approval from the County
shall be required if the CRA enters into the Block 36 Development Agreement, as defined in the
Settlement Agreement, with The Gatehouse Group, LLC, a Commonwealth of Massachusetts
limited liability company ("Gatehouse"), or its affiliate. If the CRA finalizes the Block 36
Development Agreement with Gatehouse, or its affiliate, Gatehouse, or its affiliate, shall be
deemed the Developer for the purpose of this Declaration. If the CRA and Gatehouse are not
able to finalize the Block 36 Development Agreement on terms acceptable to the CRA, then with
thirty (30) days from the date the CRA terminates negotiations with Gatehouse, the CRA shall
conduct a solicitation, in accordance with Section 163.380, Florida Statutes, (the "Development
Opportunity") to select a developer for the Project (the "Developer") in accordance with the
terms of the Settlement Agreement. The CRA shall, within five days of the selection of the
Developer by the Board of Commissioners of the CRA, advise the County by hand delivery or
by certified mail, return receipt requested, addressed to the County Mayor or its designee (the
"Notice") of the Developer selected by the CRA pursuant to the Developer Opportunity and any
proposed variances to this Declaration. The Notice shall be deemed delivered to the County on
the day hand delivered or the date the return receipt is executed. In such event, the Board of
County Commissioners shall have forty five (45) clays from the date of delivery of the Notice
(unless the Commission is in recess during such period in which instance an additional day will
be added for each day of recess), to approve or reject the Developer selected by the CRA and
consider any proposed variances to the Declaration as provided in Section 15 herein, and if the
Board of County Commissioners does not approve or reject, within forty five (45) days from the
date of' delivery of the Notice (unless the Commission is in recess during such period in which
instance an additional day will be added for each day of recess), the selection by the CRA and
any proposed variances to this Declaration shall be deemed approved by the County, Such
deemed approval shall only occur if the Board of County Commissioners fails to approve or
reject the Developer and any such proposed variances. In accordance with the County Charter,
in the event t that the Board of County Commissioners does approve or reject the Block 36
Developer (including the consideration of any proposed variances to the Block 36 Declaration as
set forth in paragraph 15 herein) within such period, then 1) the Mayor shall have the right to
veto such action and 2) the Board of County Commissioners shall have the right to override such
veto at the next regularly scheduled County Commission meeting. The veto and override set
forth in this paragraph are separate from the referenced Board of County Commissioner approval
and rejection and attendant 45 day period limitation, and if the Board of County Commissioners
does approve or reject the Developer within the required time period, the total period after the
veto and override may exceed 45 days. In the event the County rejects the Developer selected
by the CRA, the CRA shall issue a new Developer Opportunity within thirty (30) days from the
date of such rejection. The process shall continue until the Developer is approved or deemed
approved by the Board of County Commissioners, The Development Opportunity will require
the Developer to diligently pursue the simultaneous development of the Parking Component and
the Retail Component, with a preference on completion of the Parking Component first. The
Development Opportunity shall not require that any companent or phase of the Project be
completed before construction on another component or phase can commence.
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Book28631/Page1278 CFN#20130384021 Page 2 of 12
4. Development Agreement. The CRA shall enter into a development agreement
(the "Development Agreement") with the Developer, approved or deemed approved by the
Board of County Commissioners within ninety (90) days from the date the Developer is
approved or deemed approved by the Board of County Commissioners. If the CRA does not
enter into the Development Agreement with the Developer approved or deemed approved by the
Board of County Commissioners within the ninety (90) day period, the CRA shall terminate
negotiations with such Developer and issue a new Developer Opportunity within thirty (30) days
from the end of such ninety (90) day period.
5. The Developer shall obtain all applicable land use and zoning approvals for the
Project (the "Approvals") within the earlier of (i) twelve months from the recording of this
Declaration if the CRA has executed a proposed Development Agreement with Gatehouse or its
affiliate (which effectiveness would be contingent on this Settlement) or (ii) two years from the
recordation of this Declaration. The CRA shall convey the Property (excluding solely that
portion of the property to be utilized for the Parking Component) by deed to the Developer prior
to the Developer commencing vertical construction of the Retail Component.
6. Construction. The Developer must commence vertical construction (defined as
physical structures actually being constructed on the Property pursuant to applicable permits) of
the Retail Component and the Parking Component within two years from the recordation of this
Declaration if Gatehouse or its affiliate is the developer, or within three years from the
recordation of this Declaration if the developer is not Gatehouse or its affiliate, The Developer
must substantially complete construction of the Retail Component within twenty-four (24)
months from commencement of vertical construction of the Retail Component (the "Retail
Completion Date"), The Developer must substantially complete construction of the Parking
Component within twenty four (24) months from commencement of vertical construction of the
Parking Component (the "Parking Completion Date"). The Retail Completion Date and the
Parking Completion Date shall be evidenced by one or more temporary or permanent certificates
of occupancy (or their equivalent) for all buildings comprising the particular component. Both
the Retail Completion Date and Parking Completion Date shall automatically be extended one
day for each day of Unavoidable Delay provided the Executive Director of the CRA concurs
with the Developer that an Unavoidable Delay has occurred and the County (by its Major or
Mayor's designee) agree that an Unavoidable Delay has occurred, which approval by the County
shall not be unreasonably withheld. The term "Unavoidable Delay" means delays due to area
wide strikes, acts of God, floods, hurricanes, casualties, fires, acts of the public enemy and
governmental moratoriums. The term Unavoidable Delay shall not include delays caused by any
other source, including but not limited to a governmental entity acting in its proprietary or
regulatory capacity or delays caused by lack of funds.
7, Developer Default.
A. In the event the Developer (i) does not obtain the Approvals in the
timeframe provided in Section 5 of this Declaration, (ii) fails to achieve substantial completion
of the Retail Component by the Retail Completion Date, as same may be extended as a result of
Unavoidable Delays, (iii) fails to achieve substantial completion of the Parking Component by
the Parking Completion Date, as same may be extended as a result of Unavoidable Delays, or
(iv) fails to make any Project Payment when due (as defined in Paragraph 17 herein), the CRA
3
Book28631/Page1279 CFN#20130384021 Page 3 of 12
and the County (as applicable) may declare the Developer in default by sending a Notice of
Default (the "Default Notice"). The Default Notice shall be hand delivered to the Developer or
mailed to the Developer by certified mail, return receipt requested. The Default Notice shall be
deemed delivered upon the date received if hand delivered, or if mailed, on the date the return
receipt is executed or the date delivery is refused. Upon receipt, or deemed receipt, of the Default
Notice, the Developer shall have ninety (90) days to cure (the "Default Cure Period").
Extensions of the Default Cure Period for good cause shown shall be in the sole discretion of the
CRA if the CRA has issued the Default Notice, or in the sole discretion of the County if the
County has issued the Default Notice.
B. In the event the Default Notice is issued pursuant to Section 7(A)(i), the
Developer may extend the timeframe in which to obtain the Approvals for six (6) months by
paying to each of the County and the CRA Two Hundred Fifty Thousand and No/100 Dollars
($250,000.00) on or before the end of the Default Cure Period, as same may have been extended
in accordance with the last sentence of Section 7(A). The extension of the Approval Period
pursuant to this Section 7(B) to cure a default pursuant to Section 7(A)(i) is a one time right of
the Developer and may not be utilized in connection with any subsequent default pursuant to
Section 7(A)(i).
C. In the event the Default Notice is issued pursuant to Section 7(A)(ii), the
Developer may extend the Retail Completion Date, as same may have been extended as a result
of Unavoidable Delays, for an additional six (6) months by paying to each of the County and the
CRA Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) on or before the end of
the Default Cure Period, as same may have been extended in accordance with the last sentence of
Section 7(A). The extension of the Retail Completion Date pursuant to this Section 7(C) to cure
a default pursuant to Section 7(A)(ii) is a one time right of the Developer and may not be utilized
in connection with any subsequent default pursuant to Section 7(A)(ii).
D. In the event the Default Notice is issued pursuant to Section 7(A)(iii), the
Developer may extend the Parking Completion Date, as same may have been extended as a result
of Unavoidable Delays, for an additional six (6) months by paying to each of the County and the
CRA Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) on or before the end of
the Default Cure Period, as same may have been extended in accordance with the last sentence of
Section 7(A). The extension of the Parking Completion Date pursuant to this Section 7(D) to
cure a default pursuant to Section (A)(iii) is a one time right of the Developer and may not be
utilized in connection with any subsequent default pursuant to Section 7(A)(iii).
E. In the event the Default Notice is issued pursuant to 7(A)(i) (ii) or (iii) of
this Declaration, and is not cured prior to the end of the Default Cure Period, as same may be
extended, in accordance with the last sentence of Section 7(A), title to any portion(s) of the
Property which have not been improved with buildings shall automatically revert back to the
CRA, subject to the rights of the County set forth in the Declaration and Settlement Agreement
and pending the selection of another Developer as set forth therein (the "Reverter Property").
F. If the Default Notice is issued pursuant to Section 7(A)(iv) and same is not
cured within the Default Cure Period, then all remaining Project Payments together with a fifteen
percent (15%) penalty shall be automatically accelerated and shall be deemed immediately due
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Book28631/Page1280 CFN#20130384021 Page 4 of 12
and payable to the County and the CRA. In such event, the County and the CRA shall have the
right to pursue any and all remedies against the Developer for the outstanding amounts.
G. The Developer shall be liable to the County and the CRA for all
reasonable attorneys fees and costs incurred by the County and the CRA as a result of a
Developer Default.
H. Any payments made to the County and the CRA pursuant to Sections
7(B), 7(C) and 7(D) shall not constitute a Project Payment and shall not be credited against any
Project Payment.
8. Reverter RFP. In the event any portion of the Property reverts to the CRA, the
CRA shall issue a new Developer Opportunity with respect to the Reverter Property, in
accordance with Section 3 of the Declaration, within ninety, (90) days from the date the CRA
acquires the Reverter Property, and shall provide Notice to the County of the Developer selected
for its Approval as set forth herein and in the Settlement Agreement. In the event the Board of
County Commissioners rejects the Developer selected by the CRA within the new Approval
Period, the CRA shall issue a new Developer Opportunity within thirty (30) days from the date
of such rejection. The process shall continue until the Developer is approved or deemed
approved by the Board of County Commissioners. The CRA shall enter into a Development
Agreement with the Developer approved or deemed approved by the Board of County
Commissioners within ninety (90) days of the date the Developer is approved or deemed
approved by the Board of County Commissioners. If the CRA does not enter into the
Development Agreement with the Developer approved or deemed approved by the Board of
County Commissioners within the ninety (90) day period, the CRA shall terminate negotiations
with such Developer and issue a New Developer Opportunity within thirty (30) days of the end
of such ninety (90) day period. The new Developer shall be bound by the terms of this
Declaration. To the extent that any portion of the Property reverts to the CRA after six (6) years
from the date of recordation of this Declaration, then, in such event, if such portion of the
Property that reverts to the CRA same shall revert from the CRA to the County upon written
notice from the County to the Executive Director of the CRA, free and clear of all claims by the
CRA and any Developer and free and clear of this Declaration. If requested by the County, the
CRA shall convey such portion of the Property to the County by quit claim deed. In the event of
such reversion to the County, this Declaration shall then automatically terminate,
Notwithstanding the foregoing, if the Parking Component has been completed, title to the
Parking Component shall remain vested in the CRA
9. Notwithstanding any other provision set forth herein, in the event that vertical
construction (defined as physical structures actually being constructed on the Property) has not
commenced on the Property within two years from the date of the recording of this Declaration if
the developer is Gatehouse or its affiliate, or three years from the date of the recording of this
Declaration if the developer is any other entity, the Property shall revert to the County upon
written notice by the County to the Executive Director of the CRA at any time prior to the
commencement of the vertical construction. If requested by the County, the CRA shall provide
the County with a special warranty deed transferring all right, title and interest in and to the
Property to the County, free and clear of all claims and encumbrances and free and clear of this
Declaration, which the County shall record. However, such reverter shall become effective upon
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Book285311Page1281 CFN#20130384021 Page 5 of 12
receipt by the CRA of the written notice of the exercise of the reverter, regardless of the special
warranty deed. In the event of such reversion, this Declaration shall then automatically
terminate, and notice of same may be recorded by the County.
10. Modification. Provided that the Developer is not in default beyond the applicable
grace periods and is current with all of its payment obligations to the CRA and the County, this
Declaration may be modified, amended or released with respect to the Property, or any portion
thereof, by written instrument executed and recorded by the then owner(s) of the fee simple title
to the Property, the CRA and the County with the approval of the respective Boards of the CRA
and the County. Notwithstanding the foregoing, the Executive Director of the CRA (the
"Executive Director") may unilaterally, without the consent of the County being required,
modify this Declaration with respect to the following quantifiable requirements, by an amount
not to exceed 10 percent of such number or 10 percent of such percentages, as follows: (a) the
number of parking spaces in Section 2; (b) the time frames set forth in Sections 5 and 6; and (c)
the number of retail square feet in Section 2. Additionally, the Executive Director may modify
this Declaration in any non -substantive manner without the consent of the County, provided such
modifications are in writing. Any modifications, amendments, or releases shall be evidenced by
a recorded amendment to this Declaration executed by all required parties thereto,
11. No Limitation of Remedies. Nothing contained herein shall be construed as
limiting the rights and remedies of the County, the City or the CRA set forth in the Settlement
Agreement.
12. County Inspection. Prior to completion of construction of the Project, the County
and the CRA shall have the right, but not the obligation, at any time during normal business
hours, to enter and inspect the Property to determine whether the requirements of this
Declaration are being complied to by the Developer.
13. Covenant Running with the Land. This Declaration shall constitute a covenant
running with the land and shall be binding on the CRA and its successors and assigns having an
interest in the Property. This Declaration is for the benefit of, and limitation upon, all present
and future owners of the Property and for the benefit of the County and the CRA.
14. Term. This Declaration is to run with the land for a period of thirty (30) years and
shall be automatically extended for additional ten (10) year periods until the payment of the last
Project Payment pursuant to Section 17 has been paid by the Developer.
15. Variance. In the event the Developer selected by the CRA in response to the
Developer Opportunity proposed variance from the requirements of this Declaration (including
but not limited to Gatehouse and its affiliates), which variances have been approved by the Board
of Commissioners of the CRA in light of market conditions and information provided by the
Developer, the Board of County Commissioners shall consider such variances at the time the
Board of County Commissioners is requested by the CRA to approve the Developer and such
variances shall be outlined to the County in the Notice to the County. To the extent that
Gatehouse or its affiliates request a variance from the Declaration, such variance must be
approved in the same manner and in the same timeframes, as the approval of the Developer. The
County agrees to consider such variances at the time it acts on the approval of the Developer (or
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Book28631/Page1282 CFN#20130384021 Page 6 of 12
the approval of Gatehouse's proposed variance, if any), with no obligation on the part of the
Board of County Commissioners to approve any such variances from this Declaration, which
shall be in the sole discretion of the Board of County Commissioners. The variances shall be
deemed considered if they are included in the documentation submitted for the Board of County
Commissioner's consideration by the CRA, Tithe Board of County Commissioners approves, or
is deemed to approve, the Developer and some or all of the variances requested by the
Developer, the County and the CRA shall execute an amendment to this Declaration to reflect
the varianees approved, or deemed approved, by the Board of County Commissioners.
16. Construction. To the extent that this Declaration requires construction, and
regardless of the notation of the "preparer" contained upon same, both the CRA and the County
equally participated in the drafting of this Declaration, and accordingly, such document shall not
be construed in favor of, or against, either party.
17. Compensation.
Beginning the earlier of (a) thirty (30) days from the issuance of a, temporary certificate
of occupancy or its equivalent for the Retail Component or (b) five (5) years from the date of
recordation of this Declaration, the Developer shall separately pay to each of the. County and the
CRA each year for twenty-five (25) years a sum of money commencing with the greater of
Thirty Eight Thousand Five Hundred and No/100 Dollars ($38,500.00) per year on an annual
basis for the first five years and increasing by 3% per year for each year thereafter over the
amount for the previous year, or (ii) 2.5% of the Gross Rent paid by tenants of the Property (the
"Project Payment"). "Gross Rent" means all monies paid for the occupancy of space within the
Retail Component, (but also including, but not limited to, any money -generating operations
associated with the Retail Component including parking revenues paid directly or indirectly to
the owner of the Retail Component), and including but not limited to flat rent or rent based on a
percentage of sales, but shall not include utilities, taxes, or security deposits. Within 90 days
from the commencement of the first anniversary of the Project Payment, and every year
thereafter for the next twenty four (24) years, the owner of the Retail Component shall submit a
"full accounting" of Gross Rent, from the business or businesses located on the Retail
Component for the previous year. Full Accounting means an Annual Written Statement, signed
by Owner, CEO, or Financial officer of the owner of the Retail Component and certified by it to
be true and correct, setting forth the amount of Gross Rent during the preceding year, which
statement shall also be duly certified by an independent Certified Public Accountant. The
statement referred to herein shall be in such form and style and contain such details and
breakdowns as County and CRA inay reasonably determine or require. If this Annual Written
Statement when multiplied by two and one half percent (2.5%) exceeds the amount of the
previous year's Project Payment paid for the period, the difference ("Annual Adjustment") shall
be paid immediately by the owner of he Retail Component to the County and the CRA. There
shall be no adjustment if the Statement when multiplied by two and one half percent (2.5%) is
less than the amount paid as the previous year's Project Payment. County and CRA shall have
the right to cause, upon five (5) days' written notice to the owner of the Retail Component, a
complete audit to be made by a designated external auditing firm or other certified public
accounting firm selected by the County and/or CRA. if the owner of the Retail Component fails
to record, maintain, or make available sales supporting documentation as specified above, which
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Book28631 /Page1283 CFN#20130384021 Page 7 of 12
failure is not cured within thirty (30) days of receipt of written notice, then the owner of the
Retail Component shall be deemed to be in default of this Declaration.
A. The term "Project Payment" shall mean the then current annual payment
due from the Developer to the County and the CRA. All subsequent Project Payments shall be
due on the anniversary of the first payment. No Project Payment shall be due with respect to the
Parking Component; however, any rent derived from the retail liner and/or office space, if any,
shall be included in the calculation of Gross Rent attributable to the Retail Component.
B. To the extent the gross revenues generated by the Parking Component
exceed operating expenses of the Parking Component calculated in accordance with generally
accepted accounting principles consistently apply, as confirmed by the CRA's auditors, the
owner of the Parldng Component shall pay to the County 2.5% of the net revenues derived from
the operation of the Parking Component each year on an annual basis for twenty-five (25) years
from the issuance of the temporary certificate of occupancy or its equivalent for the Parking
Component. •
' C. In the event Developer fails to make the Project Payment within ten (10)
days of when due, Developer shall pay each of the County and the CRA a late fee equal to five
percent (5%) of the Project Payment then due.
D. In the event Developer fails to make any Project Payment within thirty
(30) days of when due such Project Payment shall bear interest at 12% per annum from the date
due until paid.
E. Nothing contained herein shall prevent or otherwise prohibit either the
CRA or the County through their Boards upon application by the Developer from waiving their
rights to one or more Project Payments, including portions of Project Payments or penalties
thereof. In such event, the approval of the CRA shall not be required if the County chooses to
waive its rights nor shall approval of the County be required in the event the CRA elects to waive
its rights.
[SIGNATURE PAGES TO FOLLOW]
8
Book28631/Page1284 CFN#20130384021 Page 8 of 12
IN WITNESS THEREOF the County and the CRA have executed this Declaration as of
the date first above written.
Witnesses: CRA:
Southeast Overtown/Park West Community
Redevelopment Agency, a public agency and
body corporate created pursuant to Section
163.356, Florida Statutes
By:
Printed Name: Clarence E. Woods, III
Executive Director
Printed Name:
Witnesses:
Name:
Printed
I - Ova finvietSoe,
Wad.) Fernar-dew
9
ATTEST:
Clerk of the Board
By:
Approved for legal sufficiency
By:
William R. Bloom, Esq.
Holland & Knight LLP
Special Counsel
COUNTY:
MIAMI-DADE COUNTY,
a political sum r lion of the..te of Florida
B
ATTEST:
Harvey Ruvi
eputy C
Approved for legal
County Attorney
By:
Book286311Page1285 CFN#20130384021 Page 9 of 12
IN WITNESS THEREOF the County and the CRA have executed this Declaration as of
the date first above written.
Witnesses:
Printed Name: Cur ll,gr r R. 6/c031
Printed N
Witnesses:
Printed Name:
Printed Name:
CRA:
Southeast Overtown/Park West Community
Redevelopment Agency, a public agency and
body corporate created pursuant to Section
163.356, Florida Statutes
By:
Clarence . Woods, III
Executive Director
ATTEST:
Clerk of a Board
By. ) 6 S-AO13
Approve or legal sufficiency
By: U(/../sxrtv. R. .G+v,.
William R, Bloom, Esq.
Holland & Knight LLP
Special Counsel
COUNTY:
MIAMI-DADE COUNTY,
a political subdivision of the State of Florida
By:
ATTEST:
Harvey Ruvin, Clerk
By:
Deputy Clerk
Approved for legal sufficiency
County Attorney
By:
9
Book286311Page1286 CFN#20130384021 Page 10 of 12
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
) ss.
)
The foregoing instrument was acknowledged before me this 7 day of
J1 , 2013, by Clarence E. Woods, III, Executive Director o the Southeast
Overtown/Park. Community Redevelopment Agency, on behalf of the Agency. He is
pers ' y known me or has produced as
identi
(SEAL)
Notary Public -State of
Commission Number:
10
• 7,c. • —, .... �,
W1U R BLDOIA
MY ssloN,0AB24007
013
t 110 t PubbicrU de10, l s
Book28631/Page1287 CFN#20130384021 Page 11 of 12
OR 8 K 28631 PG 1288
LAST PAGE
Exhibit 1
Legal Description
Lots 1, 2, 3, 6, 7, 8, 9, 10, 11, 14, 15,16, 17, 18, 19, 22, 23, 24, 26, 27, 30, 31, 32, 33, 34, 35, 38,
39, 40, 41, 42, 43, 46, 47 and 48 in Block 36 of P. W. WHITE'S RE -SUBDIVISION, according
to the Plat thereof, recorded in Plat Book "B" at Page 34 of the Public Records of Miami -Dade
County, Florida;
LESS AND EXCEPT THEREFROM that portion thereof lying within the Metropolitan Dade
County Metrorail right-of-way which is described as follows: Begin at the Southeast corner of
said Block 36; thence run S 87°46'59" W, along the South line of said Block 36, for a distance of
1.53 feet; thence run N 04°44'53" W for a distance of 187.90 feet to a point of intersection with
the arc of a circular curve concave to the Southwest, the center of which bears S 82°00'08" W
from said point of intersection; thence run Northwesterly along the arc of said circular curve
concave to the Southwest, having a radius of 987,00 feet, through a central angle of 06°39'50",
for an arc distance of 114.79 feet to the point of intersection with the North line of said Block 36;
thence run N 87°46'14" E, along the North line of said Block 36, for a distance of 27.71 feet to
the Northeast comer of said Block 36; thence run S 02°16'19" E, along the East line of said
Block 36, fora distance of 301.01 feet to the Point of Beginning; and
LESS AND EXCEPT THEREFROM the West 40 feet of Lots 11, 14, 19, 22, 27, 30, 35, 38, 43
and 46 of Blocks 36 of P.W. White's Resubdivision, recorded in Plat Book "B," at Page 34 of
the Public Records of Miami -Dade County, Florida.
11
N23063576_v1
Book28631/Page1288 CFN#20130384021 Page 12 of 12