HomeMy WebLinkAboutExhibit 1BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
AMENDED AND RESTATED PARTIAL MODIFICATION OF RESTRICTIONS
DEED NO. 19447-F
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA ("BOARD OF TRUSTEES"), is by Section
253.03, Florida Statutes, authorized and empowered to modify restricted uses for certain lands
under the terms and conditions set forth herein; and
WHEREAS, the BOARD OF TRUSTEES conveyed to the City of Miami ("CITY")
certain lands more particularly described in Deed No. 19447, recorded in Deed Book 3130,
Page 257, Public Records of Miami -Dade County, Florida (the 'Deed"); and
WHEREAS, the Deed contains the following restrictions (the "Original Restrictions"):
PROVIDED, HOWEVER, anything herein to the contrary
notwithstanding, this deed is given and granted upon the express condition
subsequent that the Grantee herein or its successors and assigns shall never sell or
convey or lease the above described land or any part thereof to any private person,
firm or corporation for any private use or purpose, it being the intention of this
restriction that the said lands shall be used solely for public purposes, including
municipal purposes and not otherwise.
PROVIDED, FURTHER, anything herein to the contrary notwithstanding,
this deed is given and granted upon the further express condition subsequent that
the Grantee herein or its successors or assigns shall not give or grant any license
or permit to any private person, firm or corporation to construct or make by any
means, any islands, fills, embankments, structures, buildings or other similar
things within or upon the above described lands or any part thereof for any private
use or purpose, as distinguished from any public or municipal use or purpose.
It is covenanted and agreed that the above conditions subsequent shall run
with the land and any violation thereof shall render this deed null and void and the
above -described lands shall, in any event, revert to the Grantors or their
successors.
WHEREAS, the BOARD OF TRUSTEES approved a modification of the Original
Restrictions on June 24, 2004, and executed and delivered an instrument entitled "Partial
Modification of Restrictions" on March 2, 2005, and same was recorded on March 18, 2005, in
Official Records Book 23181, Page 775, Public Records of Miami -Dade County, Florida; and
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MIADOCS 5570952 2
WHEREAS, the CITY is still desirous of leasing that portion of the lands conveyed to the
CITY by the Deed which is described in Exhibit "A", attached hereto and made a part hereof (the
"Property"), to Flagstone Island Gardens, LLC, a Delaware limited liability company
("FLAGSTONE"), to- allow for the construction and operation of a public and private
commercial, marina, and mixed use, waterfront development, including any and all uses
permitted under the Ground Lease, as defined below (as a whole or in phases, the
"Development"), and in order to accomplish the same, it is necessary that the Original
Restrictions be modified by the BOARD OF TRUSTEES; and
WHEREAS, the Development is still in the public interest because it will convert the
Property from a sparse, unimproved field to a location that will contain cultural, scenic, and
recreational values that will benefit the public while at the same time retaining 60% of the
Development as open space in the form of gardens, walkways, and a waterfront promenade
available to residents and visitors for cultural and recreational activities; and
WHEREAS, in furtherance of the public interest, the Development will still also aid
tourism, provide training and employment opportunities to residents, and generate significant tax
revenue for the CITY, Miami -Dade County and the State of Florida; and
WHEREAS, the BOARD OF TRUSTEES, the CITY and FLAGSTONE desire to amend
and restate the Partial Modification of Restrictions on the terms set forth in this Amended and
Restated Partial Modification of Restrictions; and
WHEREAS, the BOARD OF TRUSTEES approved this Amended and Restated Partial
Modification of Restrictions on August 16, 2011; and
WHEREAS, the CITY approved this Amended and Restated Partial Modification of
Restrictions on , 2011.
NOW THEREFORE, for and in consideration of the foregoing recitals and of the mutual
covenants, terms, and conditions herein contained, and other good and valuable consideration,
the BOARD OF TRUSTEES, the CITY and FLAGSTONE hereby completely amend and restate
the Partial Modification of Restrictions as follows:
1. Consent to Development and Ground Lease. Provided that the CITY and
FLAGSTONE satisfy their respective obligations set forth in Paragraphs 2 and 3 below
and subject to termination in accordance with the provisions of this Amended and
Restated Partial Modification of Restrictions, the Original Restrictions and Partial
Modification of Restrictions are hereby modified to permit, and the BOARD OF
TRUSTEES hereby consents to, the following: (i) the leasing of the Property or parts
thereof by the CITY to FLAGSTONE pursuant to the ground lease or leases between the
CITY and FLAGSTONE (the "Ground Lease," which term shall include Exhibit "A" to
the Ground Lease and any amendments made in accordance with the express terms of the
Ground Lease); (u) FLAGSTONE's use of the Property for the development,
construction and operation of the Development; (iii) the grant of any easements and/or
license agreements which are necessary or appropriate for pre -development work related
to the Development, such as utility relocation and access related to the Development and
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Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
MIADOCS 5570952 3
which are necessary or appropriate for such construction or operation of the
Development, and continued access related to the Development, all upon the Property or
within the areas described in Exhibit "B", attached hereto and made a part hereof (the
"Easement Areas"), and (iv) that certain Amended and Restated Agreement to Enter into
Ground Lease between the CITY and FLAGSTONE dated (the
"Agreement to Enter"), a copy of which has been provided to the Division (defined
below). In the event that (i) FLAGSTONE and the CITY are contemplating any material
modifications to the Ground Lease and/or the Agreement to Enter, FLAGSTONE and the
CITY agree to discuss such proposed modifications with the Division (defined below)
contemporaneously with any discussions on the proposed modifications between
FLAGSTONE and the CITY, and (ii) any material amendments to the Ground Lease
and/or the Agreement to Enter must first receive prior approval by the BOARD OF
TRUSTEES at a regularly scheduled meeting.
2. FLAGSTONE's Obligations.
(a) Payments. Until the Development is completed or October 1, 2021,
whichever occurs first ("Takeover Date"), FLAGSTONE shall make payments to the
BOARD OF TRUSTEES, on a semi-annual basis, in an amount equal to 15% of the
amount it pays to the CITY under the Agreement to Enter and the Ground Lease(s)
pursuant to the rent schedule set forth on Exhibit "A" to City of Miami Resolution R-10-
0402, adopted September 23, 2010 (the "Resolution"). FLAGSTONE shall make these
semi-annual payments to the BOARD OF TRUSTEES on January 1 and July 1 of each
calendar year. Each payment shall be in an amount equal to 15% of the sums paid by
FLAGSTONE to the CITY during the prior six (6) months, except for the first semi-
annual payment which may be based on less than six (6) months of payments if less than
six (6) months have elapsed since commencement of payments to the CITY.
Notwithstanding the foregoing, the first payment by FLAGSTONE to the BOARD OF
TRUSTEES under this Amended and Restated Partial Modification of Restrictions shall
be in theamount of 15% of the amount of the first payment (the "First Payment") to be
made by FLAGSTONE to the CITY on or before September 29, 2011, and shall be made
on the same date as the First Payment.
(b) Certification. FLAGSTONE certifies to the BOARD OF TRUSTEES as
follows: (i) FLAGSTONE is not the subject of a pending bankruptcy proceeding;
(ii) FLAGSTONE is current with regard to all state and local tax payments for which it is
responsible; and (iii) FLAGSTONE has executed an affidavit dated August 4, 2011,
regarding undischarged judgments. Any breach of a statement in that affidavit or of the
certifications in this paragraph shall constitute a default by FLAGSTONE under this
Amended and Restated Partial Modification of Restrictions.
(c) Discharge of Judgments. FLAGSTONE shall either discharge all
undischarged judgments identified in the affidavit required in Paragraph 2(b)(iii) above
or deliver to the Miami -Dade County .Clerk of the Courts' Registry on or before January
17, 2012, to be held in an escrow account, an amount not less than 125% of the total
remaining outstanding principal balance of all undischarged judgments identified on
Exhibit "C" attached hereto and made a part hereof. If FLAGSTONE fails to do the
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Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
MIADOCS 5570952 3 _ --
foregoing, this Amended and Restated Partial Modification of Restrictions shall
automatically and immediately terminate and the cure rights provided for in Paragraph 5
below shall not apply. Additionally, FLAGSTONE agrees to comply with the CITY's
requirements in Section IX, Indemnification/Hold Harmless for City; Discharge of
Existing Liens, Judgments, and Garnishments in Exhibit "A" to the Resolution.
3. CITY's and FLAGSTONE's Obligations.
(a) Payments. From and after the Takeover Date, the CITY shall make
payments to the BOARD OF TRUSTEES, on a semi-annual basis, in the amount of 15%
of the total gross rental payments received by the CITY under the Ground Lease
(including, but not necessarily limited to, Base Rent and Percentage Rent, as defined in
the Ground Lease), with the first semi-annual rental payment being made on the 30th day
of the month in which the CITY receives its sixth month Base Rental payment pursuant
to the Ground Lease, and each subsequent semi-annual payment being made on the 30th
day of each and every sixth month thereafter for as long as the Development remains on
the Property. In no event shall the BOARD OF TRUSTEES receive less than $300,000
during each 12-month period from and after the Takeover Date, regardless of whether the
CITY actually collects Base Rent. or Percentage Rent under the Ground Lease.
(b) Permits. The CITY shall insure and guarantee the BOARD OF
TRUSTEES that the CITY shall require FLAGSTONE to apply for and obtain all permits
required by law for the Development.
(c) Financial Audit Reports. Beginning on the date of the CITY's first semi-
annual rental payment to the BOARD OF TRUSTEES as required by Paragraph 3(a)
above, the CITY shall require FLAGSTONE to submit for each calendar year, annual
financial audit reports to the BOARD OF TRUSTEES which have been completed by an
independent certified public accounting firm in accordance with generally accepted
accounting principles and which certify the accuracy of the semi-annual payments
described in Paragraph 3(a) above.
(d) Status Reports Regarding Development. Beginning one year after the
Ground Lease Effective Date (defined below) of this Amended and Restated Partial
Modification of Restrictions, the CITY shall require FLAGSTONE to submit annual
status reports to the Division (defined below) that verify the progress of the proposed
Development. The CITY shall be required to submit such information that the CITY
receives from FLAGSTONE for these annual status reports to the Division until each
phase of the Development has received a certificate of completion. Each such report from
FLAGSTONE shall include a list of all then -existing Curing Parties (defined below).
(e) Completion of Development. The CITY shall require FLAGSTONE to
insure and guarantee that the Development is completed in the manner contemplated and
required by the Ground Lease (including obtaining applicable permits) within the time
periods set forth in the Ground Lease.
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Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
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(f) Improvements to Additional Lands. The CITY shall require FLAGSTONE
to insure and guarantee that any staging area located within the Easement Areas used by
FLAGSTONE pursuant to any easement or license agreement shall, after its usage by
FLAGSTONE, be left in a condition better than its condition when it was delivered to
FLAGSTONE. In addition to the foregoing, the CITY shall require FLAGSTONE to
insure and guarantee that FLAGSTONE will spend no less than $1,000,000.00 on
improvements to (1) an open space of land on the southeast side of Watson Island known
as Southside Park and (2) the Japanese Gardens. Some of these improvements shall
include, but not be limited to, the following: master planning of Southside Park, open air
pavilion or covered support facility, fencing, removal of invasive trees and plants,
underground utilities, park pathways, bicycle and jogging trails, public restroom
facilities, security cameras and/or devices, and parking area.
(g) Executed Copy of Ground Lease. The CITY shall insure that the BOARD
OF TRUSTEES receives a fully executed copy of the Ground Lease within 30 days of the
execution and delivery of the Ground Lease by the parties thereto and all subsequent
amendments thereto.
(h) Gambling. During the term of the Ground Lease and any renewals,
extensions, modifications or assignments thereof, without the express consent of the
BOARD OF TRUSTEES and notwithstanding any contrary provisions that now exist in
the Ground Lease, the CITY and FLAGSTONE shall not permit: (1) casino gambling and
all other forms of gambling on the Property and the Easement Areas and (2) the operation
of or entry onto the Property and the Easement Areas of gambling cruise ships, or vessels
that are used principally for the purpose of gambling, when these vessels are engaged in
"cruises to nowhere," where the ships leave and return to the state of Florida without an
intervening stop within another state or foreign country or waters within the jurisdiction
of another state or foreign country, and any watercraft used to carry passengers to and
from such gambling cruise ships.
4. Termination of BOARD OF TRUSTEES' Approval.
(a) Default in the CITY's Obligations. Subject to the notice and cure
provisions set forth in Paragraph 5 below and the unavoidable delays provision set forth.
in Paragraph 6(a) below, the BOARD OF TRUSTEES may terminate the approval set
forth in Paragraph 1 above if any of the CITY's obligations as set forth above in
Paragraph 3 are not performed in a timely manner or FLAGSTONE's obligations set
forth above in Paragraphs 2 and 3 are not performed in a timely manner.
(b) Termination of Ground Lease. Subject to the notice and cure provisions
set forth in Paragraph 5 below, the BOARD OF TRUSTEES may terminate the approval
set forth in Paragraph 1 above if the Ground Lease is terminated in accordance with its
terms and it is not replaced with any new replacement lease(s) expressly provided for by
the Ground Lease or by any Subordination, Non -Disturbance and Attornment Agreement
entered into by any of the Curing Parties; provided, however, this termination right shall
not app or--components-ef he Development -and at
least one such Ground Lease has not been terminated.
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Amended and Restated Partial Modification of Restrictions
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(c) Reimposition of Original Restrictions. If the BOARD OF TRUSTEES
terminates this Amended and Restated Partial Modification of Restrictions, the Original
Restrictions shall automatically and immediately be reimposed on the Property and
Easement Areas.
5. Cure Rights. The BOARD OF TRUSTEES agrees that in the event that the
BOARD OF TRUSTEES or the Division of State Lands, State of Florida Department of
Environmental Protection (the "Division"), determines that a default (a "Default")
described in Paragraph 2(a), 2(b)(ii) or 3(a) above (a "Monetary Default") or Paragraph
2(b)(i), 3(b), 3(c), 3(d), 3(e), 3(f), 3(g) or 3(h) above (a "Non -Monetary Default") has
occurred, the following procedures shall apply:
(a) Notice. The BOARD OF TRUSTEES or the Division shall provide notice
to the CITY or FLAGSTONE (whichever is believed to have defaulted) of any Default,
which notice shall identify the alleged Default. The BOARD OF TRUSTEES or the
Division shall send a copy of such notice to each Approved Mortgagee and Major
Subtenant and any association formed to administer the applicable regime(s)
("Association(s)") with respect to Approved Time Share Licenses, as such terms are
defined in the Ground Lease, and to the CITY or FLAGSTONE (whichever is not
believed to be the defaulting party) (the Major Subtenants, the Approved Mortgagees,
such Association(s) and the CITY or FLAGSTONE (whichever is not the defaulting
party), each a "Curing Party"). Notwithstanding the foregoing, the BOARD OF
TRUSTEES or the Division shall be required to send a copy of any such notice only to
each party as to which the BOARD OF TRUSTEES or the Division has been notified in
writing of such party's status as a Curing Party. In the event the BOARD OF TRUSTEES
or the Division fails to send a copy of such notice to any such Curing Party, such failure
shall not affect the validity of the Default notice given to any other Curing Party, or the
cure period set forth in Paragraph 5(b) below which is afforded to such other Curing
Party.
(b) Cure Periods. The BOARD OF TRUSTEES agrees that if the BOARD OF
TRUSTEES determines that the CITY or FLAGSTONE (as applicable) has failed to cure
the Default after being given the opportunity to do so (which determination of the CITY's
or FLAGSTONE's failure to cure the Default may be made in the sole and absolute
discretion ofthe BOARD OF TRUSTEES), any Curing Party shall have the opportunity:
(i) to cure any Monetary Default within 60 days from the date the BOARD OF
TRUSTEES sends its notice of Default (the 'Default Date"); and (ii) to cure any Non -
Monetary Default within 120 days from the Default Date; provided, however, that if any
Non -Monetary Default cannot, in the exercise of due diligence and good faith, be cured
within such 120-day period, any Curing Party shall have such additional reasonable
period as will enable such Curing Party, with the exercise of due diligence and in good
faith, to cure the Non -Monetary Default; provided further that the cure period for such
Non -Monetary Defaults shall not exceed 24 months from the Default Date (except that if
possession of the Property by such Curing Party is reasonably necessary for such Curing
Party to cure such Non -Monetary Default, the cure period for such Non -Monetary
ate such possession is obtained, so long as
such Curing Party is diligently pursuing proceedings to obtain such possession).
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Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
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6. Miscellaneous.
(a) Unavoidable Delays. The BOARD OF TRUSTEES recognizes that there
may be instances when unavoidable delays may be encountered which are caused by
circumstances beyond the reasonable control of the CITY or any Curing Party and could
not have been overcome by the CITY'S or such Curing Party's due diligence. A filing of
a voluntary petition in bankruptcy or for reorganization or an arrangement pursuant to the
Federal Bankruptcy Code or any similar law, federal or state, now or hereinafter in effect,
or an assignment for the benefit of creditors shall not be considered an unavoidable delay
for purposes of this Paragraph 6(a). In the .unlikely event of such an unavoidable delay,
the BOARD OF TRUSTEES agrees to the following procedure: (i) upon occurrence of
any unavoidable delay, the CITY or any Curing Party shall notify the Director of the
Division in writing within 30 days thereafter of the anticipated length and cause of the
delay, the measures taken or to be taken to minimize the delay and the timetable by
which the CITY and/or such Curing Party intends to implement these measures; (ii) the
parties will then enter into discussions to determine the appropriate extension, to allow
the CITY or such Curing Party adequate time to meet the delay or anticipated delay. The
Division, acting on behalf of the BOARD OF TRUSTEES, shall agree to extend the time
for performance hereunder for a period equal to the agreed delay from such
circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or
minimize the delay; and (iii) if the parties cannot agree, the Division will provide the
CITY or the Curing Party with notice and an opportunity for a hearing before the
BOARD OF TRUSTEES to determine the amount of time for extension of performance
hereunder. The provisions of this Paragraph 6(a) shall not apply to Paragraphs 2 or 3(a)
above.
(b) Application Only to Property and Easement Areas; Ratification. This
Amended and Restated Partial Modification of Restrictions applies only to the Property
and the Easement Areas, and shall not affect or modify the restrictions imposed upon the
otherlands described in the Deed which have not previously been waived or modified by
the BOARD OF TRUSTEES. Except as expressly modified hereby, the terms of the
Original Restrictions and Partial Modification of Restrictions shall remain unchanged in
each and every respect, and the same are hereby ratified, approved and confirmed by the
BOARD OF TRUSTEES and the CITY as of the date of this Amended and Restated
Partial Modification of Restrictions (it being understood that any previous waiver or
modification of the Original Restrictions or the Partial Modification of Restrictions made
with respect to the Property is hereby superseded).
(c) Effective Date. Except for Paragraphs 1(i) and (ii) above, this Amended
and Restated Partial Modification of Restrictions shall be effective upon the mutual
execution and delivery hereof With respect to the BOARD OF TRUSTEES' consent
pursuant to Paragraphs 1(i) and (ii) above, this Amended and Restated Partial
Modification of Restrictions shall be effective only upon the Division's receipt of a copy
of a fully executed Ground Lease and the Division'sconfirmation that the Ground Lease
is in substantially the same form as the copy of the proposed Ground Lease that is
attached to the Agreement to Enter ("`Ground Lease Effective -Date").
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Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
MIADOCS 5570952 3
IN WITNESS WHEREOF, the BOARD OF TRUSTEES, the CITY and FLAGSTONE
have caused this Amended and Restated Partial Modification of Restrictions to be executed on
this day of , 2011.
Witnesses:
Signature of Witness
Printed/Typed Name of Witness
Signature of Witness
Printed/Typed Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By:
Mike Long, Assistant Director, Division of
State Lands, State of Florida Department of
Environmental Protection, as agent for and on
behalf of the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida
The foregoing instrument was acknowledged before me this day of
2011, by Mike Long, as Assistant Director, Division of State Lands, State of Florida Department
of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida. He is personally known to me.
SEAL
Signature of Notary Public, State of Florida
Printed/Typed Name of Notary
Commission Number:
Commission Expires:
Approved as to Form and Legality
By:
DEP Attorney
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Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
MIADOCS 5570952 3
CITY OF MIAMI, a municipal corporation of the
State of Florida
By:
Johnny Martinez, P.E., City Manager
Pursuant to Resolution No.
ATTEST:
By:
Priscilla A. Thompson
City Clerk
APPROVED AS TO INSURANCE (OFFICIAL SEAL)
REQUIREMENTS
By:
Calvin Ellis, Director of Risk
Management
APPROVED AS TO FORM AND
CORRECTNESS:
By:
Julie O. Bru, City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
2011, by Johnny Martinez, P.E. as City Manager, and Priscilla A. Thompson, as City Clerk, on
behalf of the CITY OF MIAMI, FLORIDA. Each of them is personally known to me or
produced as identification.
Notary Public, State of Florida
Printed/Typed/Stamped Name
Commission Number:
Commission Expires:
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Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
MIADOCS 5570952 3
Witnesses:
Signature of Witness
FLAGSTONE ISLAND GARDENS, LLC, a
Delaware limited liability company
By: Flagstone Development Corporation, a
Delaware corporation, its manager
Printed/Typed Name of Witness By:
Mehmet Bayraktar, President
Signature of Witness
Printed/Typed Name of Witness
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
2011, by Mehmet Bayraktar as President of Flagstone Development Corporation, a Delaware
corporation on behalf of the corporation acting as the manager of FLAGSTONE ISLAND
GARDENS, LLC, a Delaware limited liability company, on behalf of the company. He is
personally known to me or produced as identification.
Notary Public, State of Florida
Printed/Typed/Stamped Name
Commission Number:
Commission Expires:
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Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
MIADOCS 5570952 3
Exhibit "A"
Legal Description of Lands Conveyed by Deed No. 19447
LEGAL DESCRIPTION (NW QUADRANT -UPLAND PARCEL):
COMMENCE AT A POINT SHOWN MARKED BY A 5/8" DIAMETER. IRON ROD AND CAP STAMPED F.D.O.T.,
SHOWN AS P.T. STA. 25+50 ON THE OFFICIAL MAP OF LOCATION AND SURVEY OF A PORTION OF
SECTION 8706, DESIGNATED AS PART OF STATE ROAD A-1-A IN DADE COUNTY, FLORIDA", PREPARED
BY THE STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA, AS RECORDED IN MAP BOOK 56 AT
PAGE 71 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID POINT BEING THE POINT OF
TANGENCY OF THE ORIGINAL CENTER LINE OF THE DOUGLAS MACARTHUR CAUSEWAY RUNNING
EASTERLY AND SOUTH EASTERLY FROM. THE WESTERLY LIMITS (WEST BRIDGE) OF WATSON ISLAND
AS SHOWN ON SHEET 3 OF THE STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION NO. (8706-112)
87060-2117, REVISED MARCH 25, 1959, SAID MOST NORTHERLY CURVE HAVING A RADIUS OF 1432.69
FEET AND A CENTRAL ANGLE OF 62°00'00"; THENCE SOUTH 59°5126" WEST DEPARTING RADIALLY
FROM SAID CENTERLINE A DISTANCE OF 987.36 FEET TO A PROJECTED BULKHEAD LINE; THENCE
NORTH 17°1221" WEST ALONG. SAID BULKHEAD LINE A DISTANCE OF 238.86 FEET TO THE POINT AND
PLACE OF BEGINNING; THENCE NORTH 17°1221" WEST CONTINUING ALONG SAID BULKHEAD LINE A
DISTANCE OF 924.74 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD A-1-A - DOUGLAS
MACARTHUR. CAUSEWAY; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING
COURSES AND DISTANCES; SOUTH 89°10'55" EAST A DISTANCE OF 72.89 FEET; THENCE NORTH 86°39'49"
EAST A DISTANCE OF 67.31. FEET TO NON -TANGENT CURVE CONCAVE TO THE NORTHEAST WHOSE
RADIAL LINE BEARS NORTH 39°29'18" EAST HAVING A RADIUS OF 160.00 FEET AND CENTRAL ANGLE OF
22°0928"; THENCE ALONG SAID CURVE AN ARC LENGTH OF 61.88 FEET; THENCE SOUTH 72°40'15" EAST
CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 276.49 FEET; TO A CURVE
CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 600.00 FEET AND CENTRAL ANGLE OF 46°17'39";
THENCE ALONG SAID CURVE AN ARC LENGTH OF 484.79 FEET TO A POINT OF TANGENCY; THENCE
SOUTH 26°22'36" EAST CONTINUING ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF STATE
ROAD A-1-A A DISTANCE OF 196.59 FEET; THENCE SOUTH 54°07'39" WEST DEPARTING SAID RIGHT-OF-
WAY LINE A DISTANCE OF 532.16 FEET; THENCE NORTH 35°54'03" WEST A DISTANCE OF 132.74 FEET;
THENCE SOUTH 54°07'39" WEST A DISTANCE OF 150.14 FEET TO THE POINT OF BEGINNING.
LEGAL DESCRIPTION (SUBMERGED PARCEL):
COMMENCE AT A POINT, MARKED BY A 5/8" DIAMETER IRON ROD AND CAP STAMPED F.D.O.T_, SHOWN
AS P.T. STA. 25+50 ON THE "OFFICIAL MAP OF LOCATION AND SURVEY OF A PORTION OF SECTION 8706,
DESIGNATED AS PART OF STATE ROAD A-1-A IN DADE COUNTY, FLORIDA," PREPARED BY THE STATE
ROAD DEPARTMENT OF THE STATE OF FLORIDA, AS RECORDED IN MAP BOOK 56 AT PAGE 71 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA SAID POINT BEING THE POINT OF TANGENCY OF THE
ORIGINAL CENTER LINE OF THE DOUGLAS MACARTHUR CAUSEWAY RUNNING EASTERLY AND SOUTH
EASTERLY FROM THE WESTERLY LIMITS (WEST BRIDGE) OF WATSON ISLAND AS SHOWN ON SHEET 3
OF THE STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION NO. (8706-112) 87060-2117, REVISED
MARCH 25, 1959, SAID MOST NORTHERLY CURVE HAVING A RADIUS OF 1432.69 FEET AND A CENTRAL
ANGLE OF 62°00'00"; THENCE SOUTH 59°5126" WEST DEPARTING RADIALLY FROM SAID CENTERLINE A
DISTANCE OF 987.36 FEET TO A PROJECTED BULKHEAD LINE; THENCE NORTH 17°1221" WEST ALONG
SAID BULKHEAD LINE A DISTANCE OF 238.86 FEET TO THE POINT AND PLACE OF BEGINNING; THENCE
SOUTH 49°32'57" WEST DEPARTING SAID BULKHEAD LINE A DISTANCE OF 550.92 FEET TO A POINT OF
INTERSECTION OF THE TURNING BASIN LIMIT AS ESTABLISHED BY U.S. ARMY CORPS OF ENGINEERS
AND POSITIONED BY COORDINATES NORTH 527,878.62 FEET, EAST 926,135.22 FEET (BASED ON NORTH
AMERICAN DATUM 1983-NAD83) WITH THE NORTHERLY LINE OF THE MIAMI MAIN SHIP CHANNEL;
THENCE NORTH 31°03'50" WEST ALONG THE LIMITS OF SAID TURNING BASIN A DISTANCE OF 428.44
FEET TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF THE INTRACOASTAL
WATERWAY; THENCE NORTH 03°27'54" WEST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF
874.43 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
DOUGLAS MACARTHUR CAUSEWAY, SAID POINT OF INTERSECTION BEING A POINT ON A CURVE
CONCAVE SOUTHERLY AND HAVING A .RADIUS OF 10,716.59 FEET, A RADIAL LINE TO SAID POINT
BEARS SOUTH 01 °15'15" EAST; THENCE RUN EASTERLY FOR 387.46 FEET ALONG THE ARC OF SAID
CURVE AND ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 02°04'17"
TO A POINT OF TANGENCY; THENCE SOUTH 89°10'55" EAST CONTINUING EASTERLY ALONG THE SAID
SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 32.06 FEET MORE OR LESS TO A POINT OF
INTERSECTION WITH AN EXISTING BULKHEAD LINE; THENCE SOUTH 17°1221" EAST ALONG SAID
BULKHEAD LINE A DISTANCE OF 924.74 FEET TO THE POINT OF BEGINNING.
BSM: cc if
DATE:
3/29/11
MIADOCS 5570952 2
Exhibit B
Legal Drscriptions of Staging, Access and Dredging Areas
I.EDAL DESC1tIPTION FOR TOPORARY EASEMENT A' •
PORTIONS OF WATSON ISLAND, CITY OF MIAM1, •LYING WITHIN SECTION 31,
TOWNSHIP' 53 SOUTH. RANGE' 42' EAST. ' Mwtl-DADE COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT POINT OF TANGENCY STATION 25+50 ON THE CENTERLINE
OF GENERAL DOUGLAS Mac ARTHJR CAUSEWAY (S..R. A-1-A) STATE PROJECT
SECTION No. (8706-112) 87060-2117 RIGI{T OF WAY YAP AS RECORDED IN
PIAT BOOK 56 AT PAGE. 71 OF THE PUBLUC RECORDS OF MINA DADE COLMOY,
FLORIDA; THENCE S5751'261Y FOR 252.79 FEET TO A POINT -ON. TFE
WESTERLY RIGHT OF .WAY UNE OF' GENERAL.. DOUGLAS Mac ARTHUR
CAUSEWAY. (THE NEKT FIVE (5) COURSES ARE Ath G• SAID WESTERLY RIGHT OF
WAY LINE). THENCE S2S22'36'E FOR 33.52 Ftt1; THENCE 517'58.22"E FOR
275.61 FEET; THENCE 504022'47'E FOR 281.49 FEET Tb THE POINT OF
CURVATURE OF A 'CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 190.0D
FEET AND A• CENTRAL ANGLE OF 79'15'21': THENCE SOUTHERLY AND EASTERLY
ALONG THE ARC or' SAID CURVE AN ARC DISTANCE OF 262.82 I LE I; THENCE
SEY3811B'E FOR 31.88 FTET TO THE POINT OF BEGINNING OF TE.PORARY
EASEMENT A. (THE 'NEXT FIVE(5) COURSES ARE ,ALONO SAID WESTERLY RIGHT
OF WAY OF GENERAL DOUGLAS Mac ARTHUR CAUSEWAY); THENCE S83'35'087
FOR 15758 FEET TO THE POINT OF CURVATURE. OF A CIRCULAR CURVE TO •
THE RIGHT HAVING A RADIUS OF• 227.50 FEET AND A CENTRAL ANGLE OF
4528'55", 1HE'ENCE EASTERLY AND SOUTHERLY ALONG THE ARC 'OF SAID CURVE
AN ARC DISTANCE OF 18059_ FEET TO THE POINT OF. REVERSE CURVATURE OF
A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 2723.00 FEET AND A
CENTRAL. ANGLE OF 10'53'18', THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE AN ARC DISTANCE OF 517.47 FEET; THENCE N4S54'30'E FOR
26.98 FEET TO A POINT ON A CURVE THAT LS CONCAVE TO THE AORTHEA57 .
AND HAVING A RADIUS OF 1975.08 FEET, SAID CURVE BEARS N43'54'31-E,
THENCE SOUT'rk-ASiERL•Y ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 0 43'45"FOR AN ARC DISTANCE OF 25.14 FEET; THENCE
S25'01'24"W FOR 118.20 FEEF; THENCE N64'58'36'W FOR 838.45 rent; '
Ti-IENC'E N25'01'24'E FOR 251.11 FEET TO THE POINT OF. BEGINNING. '
Book23181/Page783 CFN#20050267972
Exhibit B
Page 1 of 7
Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
MIADOCS 5570952 2
Exhibit B
Legal Descriptions of Staging, Access end Dredging Areas
LEGAL ONION FOR TDdPORARY EASELENT'�'
PORTIONS OF WATSON ISLAND, CITY- OF MIAA41, LYING WRHIN SECTION 31,
TOWNSHIP 53 SOUTH, RANGE 42 EAST, MLAMI—DARE COUNTY, FLORIDA.
BEING' MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT POINT OF .TANGENCY STATION 25+50 ON THE CENTERLINE _
'OF GENERAL DOUGLAS Mac ARTHUR CAUSEWAY (S.R. A-1—A) STATE PROJECT
SECTION' No. (8706-112) 87050-2117 RIGHT OF WAY MAP AS RECORDED IN
PLAT BOOK 56 AT PAGE •71 DF THE PUBLIC RECORDS OF MIAMI DADE COUNTY,-
' FLORIDA; THENCE S59_51'2616, .FOR 252.79 FEET TO A POINT ON THE
WESTERLY RICK. OF WAY LINE OF GENERAL DOUGLAS Mac •ARTHUR
CAUSEWAY. (THE NEXT FIVE (5) COURSES ARE ALONG SAID WESTERLY
RIGHT OF 'WAY LINE),. THENCE.S76'22'35'E FOR 33.52 FEET; THENCE • •
S17'58'22`E FOR 275.61 FEET; THENCE ,SO4'22'47`E FOR 281.49 FEET TO
. THE POINT OF CURVATURE OF A CIRCULAR -CURVE .TO THE LEFT HAVING A
RADIUS OF 190.00 FEET AND A CENTRAL ANGLE OF 79'15'21"; THENCE
SOUTHERLY AND EASTERLY ALONG -THE ARC OF SAID CURVE AN ARC DISTANCE
OF 262.82 FEET; THENCE S83'38'08'E FOR 31.88 FttI; THENCE
S25-01'24'W FOR 52.77 FEET TO THE POINT OF BEGINNING OF XDIPORARY
EASEMENT 'B`; THENCE CONTINUE 525'D1.24'E FOR- 198.34 FEET; .THENCE
N64-55'36V FOR 250.00 FEET:. THENCE N25'01.24'E FOR 219.10 i tti;
THENCE S64'55'36"E FOR 21.9E I-ttf ' TO THE F01NT OF CURVATURE OF A
CIRCULAR CURVE TO -THE RIGHT HAYING A RADIUS OF 25.00 FthT AND A
CENTRAL ANGLE OF -31'08'461, 'THENCE' SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE AN ARC DISTANCE OF 13.59 FEET TO THE POINT OF REVERSE
CURVATURE OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 240.00
kb/ AND A CENTRAL ANGLE OF 49'4750', THENCE SOUTHEASTERLY ALONG
NE ARC OF SAID CURVE AN ARC. DISTANCE OF 208.59 FEET; THRICE
S8.Y38'08t FOR 15.00 FEET TO 'THE POINT OF BEGINNING.
Book23181/Page784 CFN#20050267972
Exhibit B
Page 2 of 7
Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
MIADOCS 5570952 2
Ezh1bit
Legal Desertions of Staging, Anccss and Dredging Arras
LEGAL DESCRIPTION FOR TEMPORARY ERSWENT 'O'
PORTIONS OF WATSON ISLAND, CRY OF MW.1L LYING WITHIN SECTION 31,
TOWNSHIP 53 SOUTH. RANGE 42•EAST, MIAMI-DADE COUNTY. FLORIDA.
BEING MORE PARTICULARLY OESCRISED AS FOLLOWS:
COMMENCE AT POINT OF TANGENCY STATION 25+50 ON THE CENTERLINE
OF GENERAL DOUGLAS Mac ARTHUR. CAUSEWAY. (S.R. A-1-A) STATE- PROJECT . •
SECTION No. (8706-112) 8705D-2117 RIGHT OF WAY MAP .AS RECORDED IN
PLAT BOON 56 AT PAGE 71 OF THE PUSLIC RECORDS OF MLAM1 DADE COUNTY,
FLORIDA*, THENCE 559'51'25 W FOR 252.79 FEET TO A POINT. ON-•THS
WESTERLY RIGHT OF WAY LINE OF GENERAL DOUGLAS Mac ARTHUR •
CAUSEWAY; THENCE N26'22'3Q'W ALONG SAID WESTERLY RIGHT OF' WAY LINE
FOR 16921 FEET; THENCE 554'07'39'W FOR 484.19 FEET TO THE POINT OF
BEGINNING OF TEMPORARY EASEMENT •-C'; THENCE 535'52'21'E FOR 143.31
FEET; THENCE S43'41'14' FOR 166.59 FEET; THENCE: 5442841'•FOR 154.05
FEET: THENCE S5Z 14'061 FOR 81.03 FEET: THENS64'58'36'E FOR 249.86 .
FEET TO A POINT ON THE AFORESAID" WESTERLY RIGHT OF .WAY LINE OF
GENERAL DOUGLAS Mac AFONLUR CAUSEWAY, SAID POINT ALSO BEING ON A •
CURVE THAT f5 CONCAVE TO THE. NORTHEAST HAVING A RADIUS OF 190.00
. FEET. THENCE SOUTHEASTERLY ALONG 'THE ARC OF SAID CURVE THROUGH A
CENTRAL. ANGLE OF *79'15'21- FOR *AN ARC DISTANCE OF 262.82 FEET:
THENCE 58538'05'E ALONG SAID WESTERLY RIGHT OF WAY LINE FOR 31.68
FEET; THENCE S2501'24 W FOR 52.77 FEET; THENCE N8338'0814 FOR 15.00.
FEET TO THE POINT 'OF CURVATURE OF A 0RCULAR CURVE TO THE RIGHT
HAVING A RADIUS OF 240-00 FEET AND A CENTRAL ANGLE OF
49'47'50', THENCE NORTHWFaiLRLY ALONG THE ARC OF SAID -CURVE AN ARC
DISTANCE OF 208.59 FEET TO THL POINT OF REVERSE CURVATURE OF A
• CIRCULAR• CURVE TO 'THE LEFT HAVING A RAbIUS OF.25.00 FEET AND A
CENTRAL ANGLE OF 31'0E1'46". THENCE NORTHWESTERLY ALONE THE ARC OF
SAID CURVE AND ARC DISTANCE OF .13.59 FEET; THENCE N64'58'36V FOR
232.65 FEET; THENCE N5214'06'W FOR 90.00 FEET; THENCE N44'25.41'W FOR
165.00 FEET; THENCE N42'52'31WY FOR 114-01 FLU; THENCE
54707'29'W FOR 114.15 FEET; 'THENCE 1117-40'58'W FOR 60.00 FEET; THENCE
57735'381v FOR 8.61 .FEET; THENCE N18-19'53 w FOR 61.30 FEET; .THENCE
S7736'4319 FOR 149.03 FEET; THENCE N1712'21Yf FOR 212.14 FEET;
TEHCE N54'07.39"E FOR 150:14•FEET; THENCE 53554'03"E FOR 134.36 FEET;
"THENCE N54'07'39'E FOR 47.43 FEET TO THE POINT OF SEEGINNTNG.
Book23181/Page785 CFN#20050267972
Exhibit B
Page 3 of 7
Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
MIADOCS 5570952 2
ErLibit B
Legal Deeeiptions of Staging, Acccss and Drcdging Arcas
LET.. DESCPoPf10N FOR PERMA1 M EASaIENT 'Cl"
PORTIONS OF WATSON ISLAND. CITY 0F. MIAJ , LYING WITHIN SECTION 31,
-TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI-DADS COUNTY, FLORIDA. '
BEING MORE PARTICULARLY DESCRIBED AS FOUAWS:
•
COMMENCE AT POINT OF TANGENCY STATION 25+50 "ON THE CENTERLINE
-OF. GENERAL DOUGLAS Moe ARTHUR CAUSEWAY (S.R. A-1--A) STATE PROJECT
StCUON No. (6706-112) 87050-2117 RIGHT OF WAY MAP AS RECORDED IN
PLAT BOOK 56 AT PACE 71. OF THE PUBLIC RECORDS OF MIAMI 047E COUNTY.
- FLORIDA: THENCE'S59'51'26'W FAR 252.79 FEET TO. A PQIN7 ON THE WESTERLY RIGHT OF WAY UNE OF, GENERAL DOUGLAS Mac ARTHUR CAUSEWAY;
THENCE N28'22'35'1? ALONG SAID WESTERLY RIGHT OF WAY LINE FOR 169.21
FEET; THEt4c5 554'0T39V -FOR 531.61 FEET TO THE POINT OF BEGINNING OF
PERMANENT EASEMENT ,'G1": THENCE N48'29.11 W FOR 137.66 FEET; THENCE
N5C07'3S-E FOR 30.00 FEET; THENCE N35"54'03-E FOR 13436 FEET TO THE
POINT OF BEGINNING.
Book23181/Page786 CFN#20050267972
Exhibit B
Page 4 of 7
Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
MIADOCS 5570952 2
Ezhi6it B
Legal Descriptions of Staging, Access and Dredging Areas
LEGAL DESLRf?D ON FOR PERMANENT EASE1E-77r 'D'
PORTIONS OF WATSON ISLAND, CITY OF MIAMI, LYING WITHIN SECTION 31,
'TOWNSHIP 53, SOUTH, RANGE 42 EAST, MIAMI—DADE COUNTY, FLORIDA..
BEING MORE PARTICULARLY •DESCRIBED AS FOLLOWS; .
•
COMMENCE AT POINT OF TANGENCY.STATION 25+50 ON THE CENTERUNE
OF GENERAL DOUGLAS Mac ARTHUR CAUSEWAY (S,R. A-1—A) STATE PROJECT
SECTION No. (8706-112) 87060-2117 RICHT OF WAY MAP AS RECORDED IN
PLAT BOOK 56 AT PAGE 71 -OF 'TFI= PUBLIC RECORDS OF MIAMI DADE COUNTY,
FLORIDA; THENCE 559'51'261W. FOR 252.7G FEET TO A POINT ON THE
• WESTERLY RIGHT OF WAY UNE OF GENERAL DOUGLAS Moc ARTHUR .
CAUSEWAY; THENCE N26'22'36W ALONG SAID WESTERLY RIGHT OF WAY UNE
FOR 114.38 FEET TO THE POINT OF BEGINNING OF PERMANENT EASEMENT 'D
THENCE. SS41O7'39 w FOR 476.15 . FEET; THENCE N35'52'21'W FOR 54.00 FEET;
THENCE N54'07'39'E FOR 484.1E FEET TO A POINT ON THE AFORESAID
WESTERLY RICHT OF WAY UNE bF GENERAL DOUGLAS Moo ARTHUR CAUSEWAY
THENCE S2622'36'E ALONG SAID WESTERLY RIGHT OF WAY' UNE FOR 64.75
FEET TO THE POINT OF BEGINNING:
r
Book23181/Page787 CFN#20050267972
Exhibit B
Page 5 of 7
Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
MIADOCS 5570952 2
FrLLbLt B
Legal Descriptions of Staging, Access Imd Dredging Areas
LEGAL. •DESCR1PilON FOR TEMPORARY EASEMFM
PORTIONS. OF SUBMERGED LANDS LYING WSTEP.LY OF WATSON ISLAND, CITY OF
11I4MI, MIAMI—DADE COUNTY. FLORIDA. BEING MDRE PARTICULARLY DSCRJBED
AS FOLLOWS: _
• COMMENCE AT POINT OF TANGENCY STATION 25+50 ON THE CENTERLINE
OF GENERAL DOUGLAS Mac ARTHUR CAUSEWAY (S.R. A-1—A) STATE PROJECT
SECTPLATtOBOOK 568AT06PAGE,711..7OF THE PUB17 LIC �REOF WAY MAP AS RECORDE) COR S OFF UAW DADE COUNTY,
FLORIDA: THENCE 566'10'14"W FOR 1364.51 FEET TO THE POINT OF BEGINNING
OF TEMPORARY EASEMENT 'E': THENCE S49'32'5711/ FOR 101.36 FEET TO A
P01N 014 THE EASTERLY WHYS OF A TURNING BASIN: THENCE N•31'03'50'W
ALAN SAID EASTERLY. UMTTS FOR 865.07 FEET TO A POINT ON THE
CENTERLINE OF THE 1NTERCOASTAL WATERWAY: THENCE
NO3'27'54'W ALONG SAID CENTERUNE FOR 402.93 htti TO A POINT ON THE
SOUTHERLY RIGHT OF WAY UNE OF STATE ROAD A-1—A SAID POINT ALSO
BEING ON A CURVE THAT IS CONCAVE TO THE NORTH HAYING A RADIUS OF
10.71 6_59 FEET, THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE of 1'20'14- FOR AN ARC .DISTANCE OF 256.10 FEET TO A
POINT ON THE EAST RIGHT OF WAY UNE OF SAID INTERCOASTAL WATERWAY;
THENCE 50.327'541 ALONG SMD EAST RIGHT OF WAY UNE FOR 558.57 FEET
TO A POINT ON THE EASTERLY UNE OF AN EASEMENT THAT IS RECORDED IN
)FF1CIAL RECORDS BOOK 3622 AT PAGE 751 OF THE PUBLIC RECORDS OF
M A MI —BADE COUNTY, FLORIDA. THENCE S31'03'50-E ALONG SAID EASTERLY UNE
FOR 603.20 FEET TO THE POINT OF BEGINNING. '
Book23181/Page788 CFN#20050267972
Exhibit B
Page 6 of 7
Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
MIADOCS 5570952 2
BOOK 23181 PAGE 0789
LAST PAGE
Exhibit B
Legal Desc iptians of Staging, Access end Dredging Arm.
Book23181/Page789 CFN#20050267972 Page 15 of 15
Exhibit B
Page 7 of 7
Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
MIADOCS 5570952 2
Exhibit "C"
FLAGSTONE JUDGMENTS
Beach Tower LLC -- Judgment in amount of $236,203.95
Miller Legg -- Judgment in amount of $3,989.19
Lillian Ser -- Judgment entered in favor of Ser in amount of approximately $674,000, plus
interest. Flagstone currently prosecuting independent action against Ser.
Stephen James Assoc -- Judgment in amount of $33,155.82 (settlement stipulation will be
signed shortly by Flagstone)
Americas Media Group Worldwide -- Judgment in amount of $336,924.91 (settlement
stipulation will be signed shortly by Flagstone)
Pandisco (New York judgment) -- Judgment in amount of $131,471.18
Exhibit C
Page 1 of 1
Amended and Restated Partial Modification of Restrictions
Deed Restriction No. 19447-F
MIADOCS 5570952 2