HomeMy WebLinkAboutExhibit 1Eddbit f
This
Iris Escarra, Esq.
Greenberg Traurig
333 SE 2nd Avenue, 44th Floor
Miami, FL 33131
AMENDMENT NO. 2
TO LICENSE AGREEMENT
THIS SECOND AMENDMENT TO THAT LICENSE AGREEMENT, ("SECOND
AMENDMENT"), is made and entered into this day of June, 2013 (the "Effective Date") by
and between BRICKELL FLATIRON LLC, a Delaware 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"):
WHEREAS, the City of Miami City Commission by Resolution No. 10-0044 entered into a
License Agreement ("LICENSE") with the OWNER/DEVELOPER to allow the CITY to use a
public park on private land to be located on a portion of the PROJECT PROPERTY, specifically
the 8,900 Square Feet depicted and described in Exhibit A ("PARK LAND") to the LICENSE;
WHEREAS, the PROJECT PROPERTY as described by the LICENSE is the subject of a
Major Use Special Permit approved by 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 Commission on July 14, 2011, approved the First Amendment to the
LICENSE by Resolution No. 11-0283 ("FIRST AMENDMENT") incorporated herein by
reference as Exhibit B; and
WHEREAS, the CITY and OWNER/DEVELOPER desire to enter into this SECOND
AMENDMENT due to the fact that the OWNER/DEVELOPER will convey 3,100 Square Feet of
the PARK LAND to the CITY as a permanent park which is dedicated by OWNER/DEVELOPER
in the name of Allen Morris, and thereby reduce the land encompassed in the original LICENSE
from 8,900 Square Feet to approximately 5,866 Square Feet with all other terms of the LICENSE
and FIRST AMENDMENT remaining the same; and
WHEREAS, all other terms of the LICENSE and FIRST AMENDMENT not specifically
referenced herein, shall remain the same and in full force and effect.
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:
1 The Recitals set forth above are true and correct and are incorporated herein by
reference.
2. The land encompassed by the LICENSE and FIRST AMENDMENT, shall be
reduced to approximately 5,866 Square Feet, as depicted in attached Exhibit C ("REMAINING
PARK"). This reduction is due to the conveyance of approximately 3,100 Square Feet located at
the Southern edge of the site to the CITY by deed for park purposes which is dedicated by the
OWNER/DEVELOPER in the name of Allen Morris, to be accepted on June 27, 2013 by the
Miami City Commission, or soon thereafter. OWNER/DEVELOPER shall install a monument on
the 3,100 square foot portion of the PARK LAND with the name "The Allen Morris Park" in a
location and design to be approved by the CITY.
3. The REMAINING PARK shall continue to be used as a public park in accordance
with the LICENSE and FIRST AMENDMENT, until such time as the abutting PROJECT is
developed.
4. At such time when the OWNER/DEVELOPER seeks to obtain its building permit
for the PROJECT ("BUILDING PERMIT"), the OWNER/DEVELOPER shall deliver the
conveyance deed package to the CITY for the REMAINING PARK for municipal park purposes.
Such deed to the CITY from the OWNER/DEVELOPER, shall increase the land available for park
purposes, in compliance with the Miami Comprehensive Neighborhood Plan, in exchange for the
CITY granting the OWNER/DEVELOPER, a credit in the amount of one million five hundred
eighty thousand dollars ($1,580,000.00) towards the Park Impact Fees for the abutting PROJECT,
in accordance with Chapter 13, Article I, Sections 13-1 to 13-27 of the City Code. The Park
Impact Fee credit shall be credited towards the BUILDING PERMIT within seven (7) days after
the OWNER/DEVELOPER delivers the conveyance deed to the CITY for the REMAINING
PARK.
5. The PROJECT shall be developed with ground floor uses which are compatible
with and naturally flow into the PARK LAND. The PROJECT'S ground floor uses shall activate
and encourage pedestrian connection to the PARK LAND from the South side of the PROJECT
PROPERTY. As such, the PROJECT shall be permitted to use the PARK LAND as part of its
Open Space Calculation Requirements pursuant to Zoning Ordinance 11000, in effect at the time
of the original RESOLUTION and the pending amendment.
6. During the term of the LICENSE, as amended, OWNER/DEVELOPER shall have
the right, upon its sole discretion to elect and upon a ninety (90) day notice to the CITY, to use a
portion of the REMAINING PARK, not to exceed 3,500 Square Feet, for a sales center for the
PROJECT. No payment to the CITY shall be due during the term of the LICENSE, inclusive of all
amendments.
7. Before the BUILDING PERMIT is issued by the CITY for the PROJECT, the
REMAINING PARK shall be conveyed to the CITY. The OWNER/DEVELOPER reserves the
right to maintain the sales center on the REMAINING PARK, as described above, for a period not
to exceed three (3) years from the date of recording of the deed of conveyance by the
OWNER/DEVELOPER. The sales center shall be in a design approved by the CITY Planning
Director and the District Commissioner, which may include a coffee shop, cafe, or similar use as
approved by the City Manager's Office. MARKET RENT at a gross rate no greater than $30 per
Square Foot area occupied by the sales center shall be paid to the CITY by the
OWNER/DEVELOPER, after a credit of two hundred ninety three thousand three hundred dollars
($293,300) is applied toward payment of the Market Rent for improvements to the PARK LAND
made by and paid by OWNER/DEVELOPER. Rent on the sales center shall not commence until
the latter of the following occur: a certificate of occupancy for the sales center and conveyance of
the REMAINING PARK to the CITY. Verifiable evidence of such improvements, in the form of
paid receipts or such other appropriate evidence shall be submitted to the Public Facilities
Department of the CITY.
8. In the event that the Park Impact Fees required are less than the $1,580,000.00
credit and/or the park improvement credit of $293,300 is not fully utilized,
OWNER/DEVELOPER shall be permitted to apply the leftover dollar amount towards the Park
Impact Fees, Open Space Calculation Requirements and/or any MARKET RENT payments which
may be due for the abutting PROJECT, as may be necessary.
9. OWNER/DEVELOPER, its successors, agents, employees, and assigns, agree to
maintain the PARK LAND in perpetuity. From time to time, OWNER may elect to enhance,
upgrade and perform maintenance to the PARK LAND in compliance with the Florida Building
Code and Americans with Disabilities Act.
10. Preparation of this SECOND AMENDMENT 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.
11. Venue for the settlement of any dispute resulting from the LICENSE as amended
and the lease of the sales center shall be settled in Miami -Dade County.
[Signature page follows]
Signed, Sealed and Delivered in the
Presence of:
Print Name:
Address:
Print Name:
Address:
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE
OWNER/DEVELOPER
BRICKELL FLATIRON LLC, a Delaware
limited liability company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
JUNE,2013,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]
THE CITY OF MIAMI, a municipal corporation
Attest: of the State of Florida
By:
Name: Todd B. Hannon
Title: City Clerk
By:
Name: Johnny Martinez, P.E.
Title: City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
By: By:
Name: Julie 0. Bru Name: Calvin Ellis
Title: City Attorney Title: Director of Risk Management
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
June, 2013, by Johnny Martinez, the City Manager of the City 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]
LEGEND:
P.B.
PC.
D.C.R.
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D.B.
P.O.C.
P.0.B. •
SKETCH
TO ACCOMPANY LATGAL
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DENOTES CENTER LINE
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DENOTES PLAT BOOK
DENOTES. PAGE
DENOTES DADE COUNTY RECORDS
DENOTES RADIUS
DENOTES CENTRAL ANGLE OR DELTA
DENOTES ARC DISTANCE
DENOTES DEED BOOK
DENOTES POINT OF COMMENCE
DENOTES POINT OF BEGINNING
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LAND SURVEYORS -ENGINEERS -LAND' PLANNERS---:•:324ti.r
PHONE No.(954)435-7010'• F N6;;(5
ORDER NO. 197322 I?R7 4i
DATE: JANUARY 13, 2010
THIS 1S NOT A BOUNDARY SURVEY"
.nqmSCRWTf t(�'1ThA,141.nTORAI VITION No. LB-87
AG.
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\ N •
SOUTH MIAMI A VENUE o
WEST LINE BLOCK 875 (P.B. B�, PG. 41)"-iI�
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N00' 13' 15 "W-227.87'
MIAMI
(P.B. B, PG. 41)
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24
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013 WAY' MIRAlYIAR, FL 33025
'MY SUPEIjVISION:
MARK . STE'VEN. JQHNSON;
FLORIDA; PROFESSIONAL• LAND SURVEYOR No. 4775
DESCRIP TION
S00' 13'15'E-8.09'
N59.20'23 "E-5.00
✓r
D=04' 14 '02 "
R= 137.00'
A= 10. 12'
_
REVISIONS
fl
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P.O. C
N. W. CORNER;
BLOCK 87 SOUTH;
MIAMI (P.B. B. PG. 41)
50' R/W CLOSED &
VACATED 'Y
BY RESOLUTION
R-06-0088
UTILITY EASEMENT
& METRONOME
EASEMENT
(PROPOSED PLAT OF
BRICKELL FLATIRON)
S00'39'37 "E
+ RADIAL
SCALE 1 "=30'
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 87S, 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 00 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.
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•
LAND SURVEYORS —ENGINEERS -LAND PLANNERS...—. 324D:G0. ORI. AY�MIRAMAR,'FL 33025
PHONE No.(954)435.=701 D
ORDER NO. 197322 �'•f?R[!' DEIj��Ij ,'SYPERVISION;.'
DATE: ✓ANUARY" 13, 2010
THIS IS NOT A " BOUNDARY SURVEY" " MARk STEVEN'.JOHNSON.
,mvEYffRbfrfQ#daTEt ,AttlMOR#e'ATION No. L8-87 FLORIDA PROFESSIONAL- LAND SURVEYOR No. 4775
REVISIONS
SHEET 3 OF 3 SHEETS
El( I. -V
City of Miami
Legislation
Resolution: R-10-0044
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-01455a
Final Action Date:1/28/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MlAlvll
("CITY" AS LICENSEE) AND BRICKELL FLATIRON LLC ("OWNER/DEVELOPER"
AS LICENSOR), FOR THE USE OF APPROXIMATELY 8,900 SQUARE FEET OF
LAND, DESCRIBED 'IN "EXHIBIT A," ATTACHED AND INCORPORATED, OWNED
BY OWNER/DEVELOPER, HOLDING AN APPROVED MAJOR USE SPECIAL
PERMIT PURSUANT TO RESOLUTION. NO.. 06-0400, ADOPTED JUNE 22, 2006,
AND LOCATED AT 1121 SOUTH MIAMI.AVENUE, MIAMI, FLORIDA, FOR THE
CITY TO OPERATE A PASSIVE PUBLIC PARK (TO BE NAMED "POINTE PARK"),
INCLUDING IMPROVEMENTS AND MAINTENANCE TO SAID PARK; AND
ADDITIONALLY TO PROVIDE FOR THE MAINTENANCE OF THE CITY'S ALLEN
MORRIS PARK, LOCATED AT 20 SOUTHEAST 10 STREET, MIAMI, FLORIDA;
AND TO PROVIDE A CONTRIBUTION OF THE AMOUNT OF $35,000, TO A NEW
PARK LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA, IN
FURTHERANCE OF THE CITY'S OPEN SPACE INITIATIVES AND IN LIGHT OF
THE OWNER/DEVELOPER'S REQUEST FOR EXTENSION OF SAID
RESOLUTION! NO. 06-0400, AND MODIFICATION OF OTHER SUBORDINATE
APPROVALS.
VVHEREAS, the City of Miami ("City") is committed to providing • more parks•for its citizens; and
WHEREAS, BRICKELL FLATIRON LLC ("Owner/Developer" as Licensor) is the owner of
property located at approximately 1121 South Miami Avenue, Miami, Florida ("Property"); and
WHEREAS, in light of the Owner/Developer's extension of time for the Major Use Special
Permit ("MUSP") approved pursuant to Resolution No. 06-0400, adopted June 22, 2006, and any
amendments made to Resolution No. 06-0400 since then, the Owner/Developer is willing to
execute a License Agreement ("Agreement") with the City for the use of approximately 8,900
square feet of land, described in "Exhibit A", attached and incorporated, in the Property belonging
to the Owner/Developer, to be used as a passive park, to be narned Pointe Park, includinn_p -r-k,
improvements and maintenance to said Pointe Park, and additionally the Owner/Developer will
provide maintenance of the City's Allen i\ orris Park, located at 20 Southeast 10 Street, Miami,
Florida, and make a contribution toa new District 2 park located at approximately, 1814 Brickell
Avenue, Miami, Florida, in the amount of $35,000; and
WHEREAS, the City will exchange the public purpose conditions required in the subordinate
Street Closure.approval pursuant to Resolution No. 06-0088, adopted February 9, 2006, for the
use of approximately 8,900 square feet of land, described in said "Exhibit A", in the Property
belonging to the Owner/Developer, to be used. as a passive park, to be named Pointe Park,
including park improvements and maintenance to said Pointe Park, and additionally the
City of Miami Page 1 of 2 File Id: 09-01455a. (Version: 1) Printed On: 8,12/2012
File Number: 09-01455a Enactment Number • R-10-0044
Owner/Developer will provide maintenance of the City's Allen Morris Park, located at 20
Southeast 10 Street, Miami, Florida and make a contribution to a new District 2 park located at
approximately, 1814 Brickeli Avenue, Miami, Florida, in the amount of $35,000; and
WHEREA.S, the use of the approximately 8,900 square feet of land as a passive park would be
in the best interest of the community and a furtherance of the City's Open Space initiatives; and
WHEREAS, the City and Owner/Developer desire and intend to enter into an Agreement for
said purposes as described herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals end findings contained in the Preamble to this Resolution are
•adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute an Agreement, in substantially
the attached form, between the City and the Owner/Developer for the Owner/Developer to provide
the City with: 1) the use of approximately 8,900 square feet of land, described in "Exhibit A",
attached and incorporated, in the Property belonging to the OvnerlDeveloper, as a passive park,
to be named Pointe Park, including park improvements and maintenance to said Pointe Park, 2)
maintenance of the City's Allen Morris Park, located at 20 Southeast 10 Street, Miami, Florida,
and 3) a contribution to a new District 2 park located at approximately, 1814 Brickell Avenue,
Miami, Florida, in the amount of $35,000. The passive park use at Pointe Park commences from
the effective date of the Agreement to until such time .as the Agreement sets forth, in exchange for
an extension to the MUSP approved pursuant to Resolution No. 06-0400, until June 22, 2014 and
a change of the public purpose conditions pursuant to Resolution No. 06-0088 for the conditions
stated herein.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
zooLnot2s:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the CityAttorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at,the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami
Page 2 of2 Tile Id; 09-01455a (ersion..: 1) Primed On: 6/2/2012
This document prepared by SUBMITTED INTO THE
and after recordation return to:
Iris Escarra, Esq.
Greenberg Traurig
1221 BrickeIl Avenue
22"° Floor
Miami, FL 33131
PUBLIC RECORD FOR
IIkPt1o,'s ON dE c .
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, ("AGREEMENT"), is made and entered into this
day of JAN AR.Y, 2010 (the "Effective Date") by and between BRICKELL FLATIRON LLC,
a Florida Iimited 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 "PARTES"):
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 Iv4iarni Resolution No.
R-06-0400, as same may be modived 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 10rs 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 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:
1. 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- Ex/16; i - L cevist Pgreement
diminishing the CITY's use of the LICENSED PROPERTY. The OWNER/DEVELOP.ER 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 TESTLNG 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 OWNEPJDEVELOPER's
improvements to the LICENSED PROPERTY shall be limited to the installation of furniture,
fountains, lighting, and landscaping (collectively, "IMMPROVEMENTS"), unless otherwise
agreed to in writing by the. OWNEPJDEVELOPER 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
IMPRO VEMENTS,
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
OWN-ER/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 S100,000, 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 OVNER/DEVELOP ER 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 OWNEPJDEVELOPER 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 TERVI, 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 C.it}r'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 te_mninate 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 or all waste into the City provided waste receptacles, proper landscaping and
n`rigation, the preservation of the park's appearance, cleaning and repairing the park'ss furniture,
lighting, landscape upkeep and mowing, and all other necessary park functions The City will be
responsible for regular w ste i ck.,up of the Ci receptacles ,
14. The individuals executing this AGREEMENT each represent that he or she is
fully authorized by Iaw 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 parry to
be notified as hereinafter specified:
OWNER/DEVELOPER:
CITY:
BRICKELL FLATIRON,
a Florida limited liability company
c/o Iris Escarra, Esq.
Greenberg Traurig
1221 Brickell Avenue, 23`d PI
Miami, Florida 33131
City Manager
City of Miami
3500 .Pan American Drive
Miami, Florida 33133
17. If any obligation of either party pursuant to this A GREEA NT, or the application
of any .obligation of either party to any entity, person, or circumstance ('PARIICULAR
APPLICATIONN") shall, to any extent be invalid or. unenforceable, the O WNEPJDEVEL OP rR
or the CITY, as applicable, shall have the right either to declare the entire AGREEMENT and the
LICENSE terminated or to declare that the AGREEMENT and the LICENSE shall remain in full
force and effect with the exception of the invalid or unenforceable tern 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 and provision of this AGREEMENT shall be
otherwise valid and enforceable to the fullest extentpe_rrnitted by law.
I &. 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 teuuns 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 shal_I 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 assimed, transferred, sold, pledged or
encumbered by the OWNEPJDEVELOPER without agreement by the CITY.
[signature page follows]
Signed, Sealed and Delivered in the
Presence of:
Print Name:
Address: •
Print Name:
Address:
STATE OF FLORIDA
) SS
COUNTY OF MLAMI-DADE )
The foregoing instrument was acknowledged
, 2010, by
OWNER/DEVELOPER
BRICKELL FLATIRON, a Florida limited
liability company
By:
Name:
Title:
before me this day of
the • of BRICKBLL FLATIRON.
on behalf of such- company; •such person_ (
presented as identification.
, as
LLC,-a Delaware limited liability company,
) is personally known to me or ( )
.NOTARY PUBLIC STATE OF FLORIDA
Print Name:
Conunission No,:
Commission Expires:
[SEAL]
Approved as to Legal Form:
Julie 0, Bra, City Attorney
Approved as to Insurance Requirements:
Lee Ann Brehm, Risk Manager
Signed, Sealed and Delivered in the CITY OF MLAivII
Presence of:
Print Name:
Address:
Print Name:
Address:
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE
By:
Pedro G. Hernandez, City Manager
The foregoin instrument was acknowledged before me this day of
2010, by Pedro G. Hemandez, 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 181,020,661v1
Exhibit' "A"
LEGAL DESCRIPTION
PARCEL 1
LOTS 3; 4,. 5, . ANO 6, BLOCK 73 SOUTH, MAP OF MIAMI, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK B,, PAGE 41, PUBLIC RECORDS OF MIAMI—DADE
COUNTY, FLORIDA.
•TOGETHER, WITH;
• PARCEL. 2 .
• .4LL OF BLOCK 87 SOUTH, LESS - THE WEST FIVE. FEET THEREOF' MAP OF
• ACCORDING TO THE PLAT THEREOF, AS RECORDED • IN PLAT .BOOK :E, PAGE 41, .. PUBLIC', • :•, •
RECORDS OF. MI COUNTY, • FLORIDA. • ALSO. DESCRIBED. AS.'. ALL OF BLOCK 87;• LESS •
THE WEST FIVE FEET. THEREOF,OF SOUTH. CITY OF MIAMI, ACCORDING TO. THE PLAT THEREOF
• RECORDED IN PLAT BOOK "8', AT PAGE 41, . OF •THE PUBLIC RECORDS OF :MIAMI=DADE.
COUNTY; FLORIDA.
ALSO. TOGETHER •WITH :.
'THE SOUTH 14 FEET OF LOT • 1; LESS THE WEST •45 •FEET • THEREOF, :AND ALL• •OF LOT : 2,
LESS THE WEST 5 FEET : THEREOF, •MAP OF MIAMI,' ACCORDING .TO THE PLAT THEREOF, AS ; ., . .
. RECORDED IN PLAT BOOK B, PAGE 41, PUBLIC RECORDS .OF MIAMI-DADE COUNTY, FLORIDA..
AND
•
' E WEST 84. 14 FEET OF LOT 1,.'LESS AND EXCEPTING 'THEREFROM THE WEST 5 FEET .AND
• THE SOUTH 14 FEET OF THE EAST .39. 14 FEET, ALL IN .BLOCK 73, SOUTH, MAP 'OF MIAMI,
.ACCORDING •TO THE.PLAT.'THEREOF,'AS:RECORDED IN PLAT BOOK B,: PAGE 41:: PUBLIC
•:. RECORDS OF MIAMI=DADE COUNTY, • FLORIDA.
. LESS AND EXCEPT THE . LAND CONVEYED• TO THE CITY OF MIAMI BY :THE WARRANTY.' 'DEED,. • .
RECORDED- IN OFFICIAL°RECORDS BOOK 12923, PAGE 2201, PUBLIC RECORDS OF MIAMI—DADE; .
COUNTY; FLORIDA, •DESCRIBED AS .FOLLOWS: •
THAT PORTION OF LOT 1; :BLOCK 735, A.L. KNOWL TON. PLAT OF MIAMI, ACCORDING * -TO THE
PLAT THEREOF,: AS RECORDED IN -PLAT BOOK B, PAGE 41; ••OF THE PUBLIC. RECORDS OF.
• DADE • COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS' FOLLOWS:
THE EXTERNAL AREA OF • A CIRCULAR CURVE HAVING 'A . RADIUS OF 10 FEET .AND TANGENTS •:
WHICH ARE 30 FEET EAST OF AND PARALLEL', WITH THE CENTERLINE • OF SOUTH MIAMI AVENUE
• AND '25 FEET SOUTH OF AND PARALLEL WITH THE • CENTERLINE OF S.E. .10th STREET..
•
"A"1of2
oy. oi/715.sa - Ex h i f
LEGAL DESCRIPTION
TOGETHER WITH.-
: EXISTING RIGHT OF W4 Y . TO BE: CLOSED AND VACATED
THAT PORTION OF S. E.. 1 1 TH STREET LYING BETWEEN BLOCK 73 • SOUTH 'AND. BLOCK
87 SOUTH,. MAP OF MIAMI,: ACCORDING' TO THE PLAT THEREOF AS RECORDED IN PLAT •
. BOOK B AT PAGE 41 OF. THE .PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LYING
• AND BEING IN. THE CITY OF: MIAMI, MIAMI—DADE' COUNTY, FLORIDA, • BEING MORE •
.PARTICULARLY DESCRIBED AS FOLLOWS: •
BEGIN. AT • A• • POINT .5.0 FEET EAST. OF THE NORTHWESTERLY CORNER. OF BLOCK 87
SOUTH; THENCE :NORTH 89 DEGREES 47 MINUTES..17 SECONDS . EAST ALONG • THE
NORTH LINE OF SAID. BLOCK. 87 ;SOUTH- FOR 72.,33 FEET TO. A POINT ON THE
WESTERLY LINE OF . S. E. 1ST AVENUE;; THENCE NORTH :15 DEGREES 00 MINUTES 00
SECONDS . EAST ALONG THE NORTHEASTERLY EXTENSION OF THE WESTERLY. •
RIGHT-OF-WAY .LINE OF S..E:..1 ST .AVENUE .FOR 51:81 FEET •TO THE SOUTHEASTERLY
CORNER :OF THE AFOREMENTIONED. BLOCK .73 SOUTH; THENCE SOUTH 89 DEGREES-.:
• 47-.MINUTES17. SECONDS. WEST ALONG •THE SOUTH LINE OF THE SAID BLOCK 73
• SOUTH:. FOR . 86. 00.FEET TO A `'POINT 5.00. FEET EAST .OF THE. EAST RIGHT-OF-WAY: •
LINE FOR SOUTH MIAMI AVENUE; THENCE SOUTH 00 DEGREES 13 .,MINUTES " 15
SECONDS EAST ALONG A. LINE 30:00 FEET. EAST OF AND PARALLEL •WITH• THE' .
CENTERLINE 'OF SOUTH MIAMI AVENUE FOR 50:00 FEET TO.. THE 'POINT OF .BEGINNING:"
ALL LYING'; AND BEING IN SECTION. 39, TOWNSHIP 54 SOUTH,:.RANCE .41 EAST, CITY
OF MIAMI,: MIAMI-DADE COUNTY, .FLORIDA....
"A"2of2
22 (8 63
S
LOCATION MAP
K e,.Iwinw M11NOM
23 �� 2
MIAMI
( B — 41 )
SOUTH MIAMI
/
ENDED /
rO r�E �� pF l
Mq P pF RI C/.�EL L A/ 21 / �2
(g — M/q Mr ��� 7%I pN
3 ).
A VF;N OF
I UTILITY CASEMENT &
METROMOVER EASEMENT
50' R/W) CLOSED &
VACATED I BY RES1L UTIO
7 3
R-06-0088
6
5•4
r
�G'fZGir ghE-�/Z f2L/Z :-
LAND SURVEYORS -ENGINEERS -LAND 141ANpERS:- 324"D.'CrORPOR WAY-MIRAMAR; FL 33025
PHONE No.(954)43-701,0. ',:.:.;/P'AX :No. ('94)`4):-3288 ,.
ORDER NO. 197322 • - '• i1, P.REP 6 UNs CMY''SIiPERW5ION: .',,,
DATE: JANUARY 13, 20T0 • •'
THIS IS NOT A " BOUNDARY SURVEY.." .'MA rr• •$tEVEN "JOHNSON _:
mTivEroftRmtefiegLcoR,FtismolivgATION No. LB-87 FCORiDA .PROFS§SIGNAL LAND SURVEYOR No. 4775
k :;
/ 23
MIAMI
(B-41
3 2
/.24
-S'S,o Q E�• /2d.
/
25
REVISIONS
1q
7
NORTH
SCALE 1 "= 100'
SHEET 1 OF 3 SHEETS
City of Miami
Legislation
Resolution: R-11-0283
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00581
Final Action Date: 7/1412011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
THE CITY OF MIAMI AND BRICKELL FLATIRON LLC, CLARIFYING TERMS IN
THE ORIGINAL LICENSE AGREEMENT, AS STATED HEREIN AND DEFERRING
SOLID WASTE AND IMPACT FEES.
WHEREAS, the City Commission, pursuant to Resolution No. 10-0044 entered info a Park
License Agreement ("License") to allow a public park on private land to be located at 20 Southeast 10
Street, Miami, Florida; and •
WHEREAS, the City of Miami and Brickell Flatiron LLC ("Owner/Developer") desire to enter
into an amendment in order to clarify additional items contemplated by the original License, and
deferring solid waste and impact fees;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute an Amendment, in substantially
the attached form, between the City and the Owner/Developer for the Owner/Developer to
continue making payments to reach the $35,000 commitment, clarifying the responsibilities of the
maintenance of the park, and allowing the City of Miami to defer Solid Waste and Impact fees.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of th.e Mayor. {2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by .the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission..
City of Miani.i Page 1 of 1 File Id: 11.00581 (version: 2) Printed 011: 8/2/2012
Thisdocume,nt:prepered by:
Iris $scarce, Bsq
Groenberg Tiaurig 1221
: Brlokefl Av.bue '
22nd Floor
Miami, PI.33131
AMENDMLNT N0; I
TO LICENSE AGREEMENT
• • • THIS; AM ENDMENT:.TOkTIIAT•LICENSE•AGREEMENT,!("AMENDMENT");is• made •::..
..-and'entered into this. . day ofMAY,,201.1 •(theEfeciive Date"):by andlbetween
BRI KELL kT ATIRON LLC, a Flori'aa ]imited']iab'i?ity,;corrpany; its_snccessors; heirs and assigns..
(''.OVJIR/DEVBLOPI R"lt. and .fine. CITY OF MTA.Ty11, FLOR]D A,: a:muuicipa]'cprporatian of •the;
State or.Florida,.in fhe.County o£Miasni-Dade ("CITY") (the O BVBLOPER,and the. CITY
are somptunes here n fter,collective]y refer d to as the "PARrms°):•
YVHERI A'S, tlie'C ty of Ivliaiiii City Com'nis`sioil by Resolution No; 10-004.4 entered iritb a
Park License.Agreement, ("LICEI' S" ) ow to 411,a public .park. on private land to be located on a
portion -of thePRO5ECT PROPERTY, specifically the'8,90d Square Feet depicted and described in
ExlubitBto the LICENSE ("PARK LAND");
•' WHEREAS; 'the PRC BCT PROiERTY as described by the License is the subject of` a
Major Use Special, Permit approved by City,of Miami Resolution N•o, R-06-0400, as same may be
znodified from time to'itime .(collectively, "RESOLUTION"), `wliich authohzes certain development.
to occur 'on the PROTECT •PROPERTY, said development bezng'hezeina_frer rezered" to as the '
"PROJECT"; and— ,,.•.
WHEREAS, the CITY. andl;OWNER•desire-to- enter -into this AMENDMENT -in -order -to, --------
c]atify=additional ztem's contemplated-' bytla'e LICENSE 'and'•
rr,
NOW TEREFOR3, in consideration of thepremises and the mutual covenants, conditions
acid' agree iients `contained herein, the OnTRYDBV LOPBR aid the CITY do liereby -agiee as
follows:
1..
reference,
The Recitals set forth above are true and correct and are incorporated herein by
2 That a Letter of Understanding `.dated;. May 24; •2011, -by and between
''OWNED DEVELOPER and Mr, Steven"I'emcooe, l'ozr` behalf- of :L a G icina Management,. Inc.,
cI'arifies the responsibilities of tli'a ir?;ntepande `of the park ]ooeted.at:20 SE 10 Street; see attached'
That Resolution No:}10=:0044"contains aproffergiy,the:•OWNEEVELOPER to
contribute tbirty5ve:thousand.dollars.($35;Q00) towards:the costs,of•the eity;Park'located at:1814 •
Brickell Avenue, To date, OWNER/DEVELOP.ER has,contributpd in good faith.1 enty- • r., .
MIA 18i,887,021 vi
•
:i:l'Y-h`sairl Icvt i,: !eni . „ • •
•
• ':-..V5001.1171 h• •
six thousand -seven hundred and 20 Cei4-(g216,700.20).'ieeiridened*hy the atiaeled 2:eceipts and
I copies of checks paid to Bira:Qarc.4m.D.sigri.. owigRgy-gr..,QTAR shall ontinge to rnake such
paints Until the'agreed• aiiiiiit of $35;000 is t61; cilin,i.f.:Pi..5k.V4L01333R,.shall provide,the
j , • Directoitf Asset ,1;aitgerneiit withidbi5ieg Of'tfie.tiiPi;OndiigreceiPti itt'd- pi6'iiiiiirts,'At *Nob tim;,
....,
compliance witli this requirement shall be satisfied,
I• . ..-- ••-• — , .
1 .
• . 4. -. That the '''..development': 'of . v....-. "publie paik' on . privale. land 'requires that •••
i OWNEPJDEVBLOPFR obtain a building pennit in accordance with,the City Code to instf.1.1. the
improvements required in the:LICENSE. • As Part of the CITY'S 66ininitmentst6 providing more
! • publiq'arks • tb itftesidents arnd dueto thefact tha'tthe P.ARK.. LAND iebeing I4sed as a fi'see 'public
park.with.no.ffees charged to .City ;residents; • the Crrir-and.OWNERIDEVEr,OPA aielcriOIVIedge • '
i that .porPions.,of ths.)3uilding.Permit-Ress shall••be :deferred. Purthennore; th&Building-Pernit fees ' •
being.t.deferred,are .quatorngy fees. chased to,4•,,business p.arky.:whiphis not ;applicable: to this-.
1CWB.7.10 -ilefe'rrall:of the.,be;ow.,....rdeporibed builclh;g permit fees 'shill.run- tinfil.stich time as
buildingperngt for the T:',3.p;of. is obtained, or:10..giteveat.p.the:expiratip...oftp approval.-0fthe
PRO.JECIT, al31.1.i1CliiliPe:Triit:fOr a new cleY4opment ;on PART( LAND. The defsgalof such fees .gre.
limited to-the-follOwing: .
(a) Sdlicl Waste Stirdharge
(b) Zoning iiiipaet Ps
• -1 ' .• • ;
5,'Trepir'ation of this AMENDMENT bas bean joint effort of the parties, and the resulting
docithent sh.L not, "Solf'4 as a matter of inteipretation or judfcial odfiktrUction, be Construed More
severely against one of the partie,s more ths4.7..:the other.-
MIA 1 Al A57,021i12
•
. [signature page folloWsj
•
•it Or 7. 7.71••P.
. . •
• ••••• Inc fhDI ' " '"
•
•
. Ti..1 • .
,-• . : ('S die; r ',1".• • • •
• '• ' !Ye \ V:-c1.62-6.1..ey.n •-• :;••' •
.• .1; L, , : •‘,
. .• • •,•,!.- ••
••••,'413:1•:::tt.L; • . . • •
•..
• „ •
.•
• ; :
_ .. .
• • •Signed,. Sealed and Deliyezed in th6
Prseace of:
. . , .
7 "
BPJCKELLL TIRON, a Florida limited
• 'Print Name: ' -c/rt/077
AddreSs:-.-300:'A• F9r17*-: • •
tY661-e. re-E,
,,. •
eiva;:1-;
Print.Name:
Name: Tha Ilbrm KlIU de rer
.
Title:. mctoccorif,ct °Urn be/i•!-
Tfl0.1771FLORTIA COUNTY OF MIAIyIl-DADE
-.• ''. • • 71'. t ' : . • • • .
)
) SS •
Thpjfor4oing )
i•nstrint'enti;wa,s;:,
apica, owledged before me this. , day of
• .1A4 • —• 110 t4 a 0 .14
of BiaCICELL PLAT/RON,ILC, 4 Delaware limited liability comp=
'on behalf Of Such company; such person.( is personally known to me or ( )
as identifleaton.
•
MIA it1,867,021;41
• ••• ' ' • . . •
• •
• . . * ';NO :cn3a ST.A.TE,OF FI•pp4;9#.
Print Nanie': • ••\ do //,
?•/4-1//1/
Commission No.:
•:Ctimidission'apires; Vots!s.lit,)1;Q:.p".<(,..
1 .11114 A 14 =
• - • - 1 .
v• Of • LI •
• ..•
/21-r,(:.e)r. -
• f '
• TT:
•
Approved.as to .Legal:Form:
Julie Q. B16,�City Attorney ;
' Signed, Sealed a11dDelivered.inthe' •
Presence of:
By:
Print Naine:
Address;
Print Name...,
Address:
•
CITY OF MIAMI
•
STATBOFFLORIDACOUNT'OP3,AM -DArDE
• ,. ,.:J
•
• •. • instrument'idasacknowledged'before ne this ` C�UIV1•- 2 • :: • • • day of, 2011, by hvin N,at .
behalf of such City; such person ( ) is personally .lrnown to ;tee or ( ) presented
•
nJQhnnyMar'dhez., City Manager
NOTi1R? 1-11&LIC4PAT& OF FLORIDA
""' Sandra Rivera
1:CO i..missloa DD882279 .
EXpu;es: APR: 260 2013
DON'DS1)'11I211J AT4AhTICIIOtNllINCI 0O.,1NC' '
NIA 181, 867,021 v6
1\. ARYYPUB
.'PrigtNaire: °.. ,
Commission No,:
Commission Expires:
[SEAL] , -. , ... •
SS
0FFLORID:A.
SK»I'TCH TO ACCOMPANY Lif,'CA.L DESCRIPTION
I
CI) — — R(W
'4/aEV - S
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I'J,4? \ N:5. . SESQD pO \ i j� g3
A 1\°j2' y?Z yy te' \ N7JIv� - Q1J .... P_�_C.
�_9ME MOST
1` `
R '�O \ \ NORTHEAST CORNER OF
66)__
.Sr
24 A4/Ahll
( B - 4 I
_ - _ _ MO J'15 W 350.00' SOUTH MJAhfl II AVENUE'
23
I W
R/W 1 (/)I — RAY
$ NO013'15VW-350.00'
D=164'46'45" "
R=4.00"
A=11.50'
51.50'
\S I I I
M'MI I
3 4 1� I o L
I I I ery i. 1 w I 24
R/W• I
N00'l3.15'W-350p5'
110013 1515V-350.03
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.UE7R0AIOlcR EASENT7
l BRJcf£C/ 'S+
(a 400/7jpA,.
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FI
/
LEGEND:
- DENOTES CENTER LINE •
- - _ DENOTES MONUMENT LINE
P.B. DENOTES PLAT BOOK
PG. DENOTES PAGE
R DENOTES RADIUS
D DENOTES CENTRAL ANGLE OR DELTA
A DENOILS ARC DISTANCE
81
8 $
- -
AVENUE
D=90'16'10 � I
R=10.00'
A-15.75' o
TRACT 'it "
BRICKELL FLATIRON
(P. B. 168, PG. 64)
36.00'
NQ0' 13'15'1V
'L I 16ol I-.
7 . -
�. '�` ?RACE 1� I s
• (S_& _
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�GIT�ITf2�-�/ZL �L12 0�� �OG�LQZLE�� _.J/Zc.
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025
PHONE No.(954)435-7010 FAX No. (954)438-3288
ORDER NO. 200357 PREPARED UNDER MY SUPERVISION:
DATE: AUGUST 31, 2012
THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON SECY. & TREAS.
SCALE
CERTIFICATE OF AUTHORIZATION No. L8-67 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 SHEET 1 OF 3 SHEENS
REVISIONS
a
25
1VORTH
25.60.
w
•
rQ_
/ (To) T 3) I
\ sJ 1
LEGEND:
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
— R/W MIAMI BLOCK 8I6S. (3 - 4 1 )
0=164-46'45"
A=1 1.50'
4-4-4/-D
Op
L9
DENOTES CENT R LINE
DENOTES MONUMENT LINE
P.B. DENOTES PLAT BOOK
PG DENOTES PAGE
R DENOTES RADIUS
D DENOTES CENTRAL ANGLE OR DELTA
A DENOTES ARC DISTANCE
N00" 13'75 "W-350. 00'
N00' 13' 15 "W-350.00'
R/W
1d
SOUTH MIAMI A VE1V UE
NOD' 13' 15"W-575.76'
WEST LINE OF TRACT A"
SOUTH LINE OF
UTILITY EASEMENT AND
METROMOVER EASEMENT
TRACT "A"
BRICKELL FLATIRON
(P. B. 168, PG. 64)
,%
LL S `
/00; (� /TjpN TO
NO\\'15"W 123.36'\
• \ W
NO3
D=4'14'02"
\R=137.0" o)
Sys o0 0.
Iv
` 00 O4 /S o0 00 e - 2'
92S 30��
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—
,
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025
PHONE No.(954)135-7010 FAX No. (954)439-3288
ORDER Na 200357 PREPARED UNDER MY SUPERVISION:
DATE:: AUGUST 31, 2012
THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON SEC'Y & TREAS. CERTIFICATE OF AUTHORIZATION No. LB-87
FLORIOA PROFESSIONAL LAND SURVEYOR NG. 4775
REVISIONS
P.O.C.
THE MOST
NORTHEAST CORNER
OF TRACT "A"
NORTH
W
co
1
SCALE 1 "=40'
SHEET 2 OF 3 SHEETS
LEGAL DESCRIPTION TO ACCOMPANY SK»I'TCTI
A PORTION OF TRACT 'A', BRICKELL FLATIRON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 168 AT PAGE 64 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST NORTHEAST CORNER OF SAID TRACT "A ' THENCE SOUTH 15 DEGREES 00 MINUTES
00 SECONDS WEST, ALONG THE EAST LINE OF SAID TRACT 'A'; FOR A DISTANCE OF 331.93 FEU TO THE
POINT OF BEGINNING; THENCE CONTINUE SOUTH 15 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE
OF 109.27 FEET- THENCE SOUTH 89 DEGREES 4-7 MINUTES 17 SECONDS WEST FOR A DISTANCE OF 41.71
FEET, THENCE NORTH 00 DEGREES 13 MINUTES 75 SECONDS WESI, ALONG THE WEST LINE OF SAID TRACT 'A ,
FOR A DISTANCE OF 12.3.36 FEE I; THENCE NORTH 89 DEGREES 20 MINUTES 23 SECONDS EAST; ALONG THE
SOUTH LINE OF UTILITY EASEMENT AND METROMOVER EASEMENT AS SHOWN ON SAID PLAT OF 'BRICKELL
FLATIRON" FOR A DISTANCE OF 60.28 FEET TO A POINT OF CURVATURE WITH A CIRCULAR CURVE CONCAVE TO
THE NORTH AND HAVING A RADIUS OF 137 FEET; THENCE ALONG SAID CURVE TO THE LEFT FOR AN ARC
DISTANCE OF 10. 12 FEET THROUGH A CENTRAL ANGLE OF 4 DEGREES 14 MINUTES 02 SECONDS TO THE
POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 5,866 SQUARE FEET.
LYING AND BEING IN SECTION 39, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI—DADE COUNTY,
FLORIDA,
NOTES
1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEAR)NC OF N 15°00'00" E, ALONG THE MONUMENT
LINE OF S.E 1st AVENUE
2) ORDERED BY.` REGENT PARK
3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF IHE
ATTESTING PROFESSIONAL LAND SURVEYOR.
LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025
PHONE No.(954)435-7010 FAX No_ (954)430-3288
ORDER NO, 200357 PREPARED UNDER MY SUPERVISION:
DATE: AUGUST 31, 2012
THIS IS NOT A " BOUNDARY SURVEY' MARK STEVEN JOHNSON SEC)" & TREAS.
CERTIFICATE OF AUTHORI7ATION No- LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
REVISIONS
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