2009-39
RESOLUTION NO. 2009-39
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF
DEDICATION AND CONVEYANCE OF EASEMENT FROM CHAMPION
RETAIL LIMITED PARTNERSHIP TO THE CITY OF AVENTURA TO
ALLOW INSTALLATION OF RED LIGHT CAMERA UTILITIES TO
MONITOR WESTBOUND TRAFFIC ON NE 191 STREET AT BISCA YNE
BOULEVARD: AUTHORIZING THE CITY MANAGER TO OBTAIN AND
EXECUTE INSTRUMENTS CONCERNING DEDICATION AND
CONVEYANCE; AUTHORIZING ACCEPTANCE OF DEDICATION AND
CONVEYANCE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission enacted Ordinance No. 2007-15 on October
18, 2007 amending Chapter 48 "Vehicles and Use of the Right of Way" by creating
Article III "Dangerous Intersection Safety; and
WHEREAS, Ordinance No. 2007-15 was amended by Ordinance No. 2009-05
enacted by the City Commission on March 3, 2009; and
WHEREAS, to continue the traffic safety objectives of these Ordinances,
installation of additional red light camera monitoring utilities is recommended; and
WHEREAS, dedication and conveyance of the private property to the City of
Aventura is required to allow for red light camera monitoring utilities for westbound NE
191 Street traffic; and
WHEREAS, the City Commission finds that it is appropriate and in the best
interest of the public to facilitate the dedication and conveyance of this private
property, and to accept the conveyance and dedication;
Resolution No. 2009-39
Page 2
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1: That the easement dedication and conveyance, as reflected on the
attached documents is hereby accepted and the City Manager is hereby authorized to
cause such documents to be recorded in the Official Records of Miami-Dade County,
Florida, subject to confirmation by the City Attorney as to the legal form and sufficiency
of the Dedication and instrument of conveyance.
Section 2: That the City Manager is authorized to take all action necessary to
implement the purposes of this Resolution.
Section 3: That this Resolution shall be effective immediately upon adoption
hereof.
The foregoing resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Vice Mayor Auerbach, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
Resolution No. .Qooq -,3q
Page 3
PASSED AND ADOPTED this 6th day of October, 2009..
APPRON~~NCY
CITY ATTORNEY ,
UTILITY EASEMENT
This instrument prepared by:
Antonio F. Tomei
City of Aventura
19200 W. Country Club Drive
A ventura, Florida 33180
The undersigned ("Grantor") in consideration of the payment of $10.00
and other good and valuable consideration, the adequacy and receipt of
which is hereby acknowledged, grant and give to The City of A ventura, a
Florida municipal corporation, its licensees, agents, independent
contractors, successors and assigns, a utility easement for the installation,
construction, repair and maintenance of a red light camera monitoring
system (including appurtenant equipment and facilities); with the right to
install, construct, reconstruct, replace, improve, remove, inspect, repair
and maintain such facilities within the easement, subject to the terms and
conditions attached hereto as Exhibit "A". The utility easement area is
more particularly described and depicted on Exhibit "B" (the "Easement
Area").
Reserved for Circuit Court
Together with the right of ingress and egress in, over and across the Grantor's Property to
the Easement Area at all times, subject to the provisions in Exhibit" A".
IN WITNESS .WHERE~the undersigned has signed and sealed this instrument on
this ~ day of 5ep-fpm ~ , 2009.
Signed, sealed and delivered
in the presence of:
WITNESSES:
au.. ~rs~
Signature of Witness
Print Name: (f1M'f ~G-'~
GRANTOR:
Champion Retail Limited Partnership, a
Florida limited partnership
By: Champion Retail, Inc., a Florida
Corporation, . s eneral Partner
~~~
Signature of Witness
Print Name: 0.0(,;/'"0 ( Ab I c..Nl--~ oV"\
By:
Address: 195 Biscayne Blvd., Suite 400
A v tura, Florida 33180
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 2,"\" day of SLI)+-~~009,
by Jacquelyn Soffer, as President of Champion Retail, Inc., as general partner of Champion
Retail Limited Partnership, a Florida limited partnership. She is personally known to mt( or has
provided as identification.
~~~
STATE OF FLORIDA
[SEAL]
':r.:;Tfu'W PUBLICSTATE OF FLOr.lDA
Carol F. Abn '.llS'.~l1
.-tCo~nlnission # DD~I,7.:-1-182
. APR. 14, 2010
;!<);1l.J.L'U L-l~ u /Ld~ltiC Bonding CO'j Inc.
Notary Public, State of Florida
Print Name: C t:ltr D t A tI ,. a..M- S "'/1
Commission Number: On 52.-4 I t2.....
Commission Expires: --. J ,-+ 110
EXHIBIT" A "
TO
UTILITY EASEMENT
TERMS AND CONDITIONS
1. Term. The term of this Easement shall be in perpetuity from the date of
recording, unless sooner terminated or abandoned as provided herein.
2. Improvements. As part of the City of Aventura's (the "City") Red Light Camera
Monitoring Project, the City shall perform and complete construction installation of one (1)
camera pole with attached cabinet and camera and two (2) inch conduits with encased wires,
including any appurtenant equipment, facilities and improvements, in the Easement Area (the
"Improvements") abutting the north right-of-way line ofNE 191 st Street to allow for monitoring
of westbound traffic. No other construction or installations in the Easement Area shall be
permitted without Grantor's written approval prior to the commencement of the work. All such
work shall be performed: (i) at the sole cost of the City; (ii) in a good and workmanlike manner;
(iii) in accordance with drawings and specifications approved and permitted by the City; and (iv)
in accordance with all applicable legal requirements.
The City shall require any contractor or subcontractor performing work within the
Easement Area to remove and dispose of all debris and rubbish caused by the work at intervals
which shall assure no interference with the remainder of Grantor's adjacent property. Any
reduction in the open space and landscape requirements on the Grantor's Property due to the
installation of the Improvements that results in non-compliance with the site development criteria
of the Property's zoning district shall be addressed in an administrative variance to be filed and
processed by the City in accordance with Section 31-7 6(i) of the City's Land Development
Regulations, at its sole cost and expense. Such administrative variance shall grant relief from the
open space and landscape requirements of the City's Land Development Regulations based on
the dedication of private property to the City, as requested by the City, and as provided in
Section 3l-76(i).
3. Access to Easement Area. The City shall have the right of ingress and egress
to the Easement Area, including the right to access and enter upon the Grantor's Property in
order to install, construct, reconstruct, replace, improve, remove, inspect, repair and maintain all
Improvements within the Easement Area. The City's rights of ingress and egress shall be
exercised in such a manner so as to minimize interference with the business operations being
conducted on Grantor's Property. Grantor also grants the City a license to temporarily locate its
equipment and materials on the Grantor's Property immediately adjoining the Easement Area, as
may be necessary to install and construct the Improvements.
4. Maintenance of Easement Area. The City shall maintain and keep the
Improvements and the Easement Area, in good order, repair and condition. The City shall, at its
sole cost and expense, make all necessary and legally required structural and non structural
repairs to the Easement Area.
C:\Documents and Settings\ggallagher\Local Settings\Temporary Internet Files\OLKI 14\Champion - Utility Easement v8 LMA (w LH
comments)DOC
2
5. Damage and Restoration. If, at any time during the term of this Easement, the
Improvements within the Easement Area shall be damaged or destroyed by accident or other
casualty of any kind or nature, the City, at its sole cost and expense, shall proceed with
reasonable diligence to repair, restore, replace or rebuild the Improvements within the Easement
Area as nearly as possible to its condition and character immediately prior to such damage or
destruction subject to changes or alterations as the City may elect to make.
6. Indemnification. To the extent permitted by law and subject to the provisions
and monetary limitations of Section 768.28, Florida Statutes, the City shall indemnify and hold
harmless Grantor, its successors and assigns, from and against any and all liabilities, demands,
fines, penalties, claims and any suit, proceeding and cause of action of every kind and nature
relating to or arising from the exercise of the City's rights under this Easement Agreement,
except for any claims arising or due to the acts or omissions of Grantor.
7. Abandonment. Should the City abandon the use of the Easement Area or
remove the Improvements and fail to replace, repair or modify same within one (1) year of
commencement of such abandonment, then and in such event, and upon written notice by
Grantor to the City of such abandonment and after an opportunity to cure, all rights and
privileges hereunder shall cease and the easements, privileges and rights herein granted shall
revert to Grantor. In such event, the City agrees to execute upon written notice a release of this
Easement.
8. Reservation of Rights. Grantor shall retain all eXIstmg rights of title and
possession in the Easement Area, subject to the City's rights to utilize the Easement Area subject
to the terms contained herein. The rights of title and possession of Grantor include, without
limitation, the right to use the land affected by the Easement for normal business purposes, the
right to grant easements for other utilities and to install and maintain other underground utility
service lines across the Easement Area. Notwithstanding the foregoing, Grantor, and its
successor and assigns, agree not to build, construct or create, or permit others to build, construct
or create any buildings, structures, facilities or other improvements on, over or under the
Easement Area or the Grantor's Property that may interfere with the Improvements installed by
the City or the City's use of the Easement Area, or adversely interfere with or affect the City's
rights hereunder.
9. Relocation. Grantor may, with the prior mutual agreement of the City, relocate
the Easement Area, as long as such relocation does not adversely affect the use, operation, and/or
level of service for the City's purposes and otherwise complies with the terms hereinafter set
forth. Grantor and the City shall mutually agree on a relocation of the Easement Area and such
relocation shall be accomplished in a manner so as to allow the City continued and uninterrupted
use of the Improvements so as to minimize the time of any disruption.
10. Miscellaneous.
(a) In the event it becomes necessary to enforce the litigation, any term or condition
of this Easement, the prevailing party shall be entitle to recover from the non-prevailing party all
of its costs and reasonable attorneys' fees at the trial in all appellate levels.
(b) This Easement shall be construed according to and governed by the laws of the
State of Florida.
C:\Documents and Settings\ggallagher\Local Settings\Temporary Internet Files\OLKI14\Champion - Utility Easement v8 LMA (w LH
comments).DOC
3
(c) This Easement shall be binding upon the City and Grantor, and their respective
successors and assigns.
Cd) This Easement shall become effective on the date of recording of same in the
Public Records of Miami-Dade County, Florida, and may be modified only by an amendment
duly signed by the City and Grantor, its successors and assigns.
[SIGNATURE PAGES TO FOLLOW]
C:\Documents and Settings\ggallagher\Local SettingsITemporary Internet Files\OLKl14\Champion - Utility Easement v8 LMA (w LH
comments).DOC
4
IN WITNESS WHEREOF, the undersigned have signed and sealed this instrument on
the date set forth below their signatures.
Signed, sealed and delivered
in the presence of:
WITNESSES:
GRANTOR:
Champion Retail Limited Partnership, a
Florida limited partnership
~ ~g/~
Signature of Witness
Print Name: cJtrv/4 GJtufiGfieY2
By: Champion Retail, Inc., a Florida
Corporation, its neral Partner
~~0Z
By:
n Sof er, President
Signature of Witness
Print Name: C-.so I 4'~/' ?t,\M.$vv1
Address:
iscayne Blvd., Suite 400
ra, Florida 33180
Date Executed:
STATE OF FLORIDA )
SS.
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ~day of 5""~~. 2009,
by Jacquelyn Soffer, as President of Champion Retail, Inc., as general partner of Champion
Retail Limited Partnership, a Florida limited partnership. She is personally known to me or has
provided as identificatIOn.
fer' ~ ;, ~ c :~:C(J)
Bonded TLxu J ~_ i;.<-llJC E':LH1~ng (>.).; Inc.
(i. /-'. ;' "": r! 2~ .~. Ii.
G.n~ ~?r\-
Notary Public, State of Florida
Print Name: 0""'0\ A'O/":UV1..~0Y1
Commission Number: D () 52'"t 18' 2-
Commission Expires: /.-f J l'"'t /,0
f
[SEAL]
NOTARY PUjjUCST':;T:-~ FLORTL\
", " ;:; ,-,. L' ~ ,;, :::.182
C:\Documents and Settings\ggallagher\Local Settings\Temporary Internet Files\OLKl14\Champion - Utility Easement v8 LMA (w LH
comments).DOC
5
Attest:
Name:
Title: City Clerk
Approved as to legal form
and sufficiency:
By:
City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
SS:
)
GRANTEE:
CITY OF A VENTURA,
a Florida municipal corporation
By:
Name:
Title: City Manager
Date Executed:
THIS IS TO CERTIFY, that on this day of ,2009, before
me, an officer duly authorized to take acknowledgements in the State and County aforesaid,
personally appeared , as CITY MANAGER of the CITY OF
A VENTURA, a Florida municipal corporation, on behalf of the municipal corporation, who (check
one) [ ] is personally known to me or [ ] produced
as identification.
[SEAL]
Notary Public, State of Florida
Print Name:
Commission Number:
Commission Expires:
C:\Documents and Settings\ggallagher\Local Settings\Temporary Internet Files\OLKI14\Champion - Utility Easement v8 LMA (w LH
comments).DOC
6
EXHIBIT "B"
TO
UTILITY EASEMENT
EASEMENT AREA
(Form attached hereto)
LEGAL DESCRIPTION: NE 1918T STREET UTILITY EASEMENT
A STRIP OF LAND e FEET IN WIDTH BI!ING A PORTION OF TRACT "An, SOFFER ReDLICH
PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 153, PAGE
66, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE CENTERLINE OF
SAID STRIP DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "A": THENCE NORTH
37.35'26" EAST. ALONG THE SOUTH BOUNDARY OF SAID TRACT "A", A DISTANCE OF
15.96 FEET; THENCE NORTH 02.24'35" WEST, A DISTf'NCE OF 3.00 FEET TO THE POINT
OF BEGINNING OF SAID CENTERLINE: THENCE NORTH 87"38'25" EAST, ALONG A LINE
3.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO AND PARALU!L WITH THE
SOUTH BOUNDARY OF SAID TRACT "A", A DISTANCE OF 106.71 FEET; THENCE NORTH
02"24'35" WEST, A DISTANCE OF 62.93 FEET TO THE POINT OF TERMINUS. THE
SIDEUNES OF SAID STRIP ARE LENGTHENED OR SHORTENED TO fORM A
CONTINUOUS STRIP OF LAND.
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA.
CONTAINING 1,018 SQUARE FEST.
NOTes:
1. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN. THE SOUTH
BOUNDARY OF SAID TRACT "A" BEARS NORTH 87"35'25" EAST.
CERTIFICATE:
WE HEfU:SY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER
61G17-6 (FLORIDA ADMINISTRATIVE CODE). MINIMUM TECHNICAL STANDARDS FOR
LAND SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGUlATION, BOARD OF PROFESSIONAL LAND
SURVeYORS IN SEPTEMBER. 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027 OF
THE R.ORlDA STATUTES, AND IS TRUE AND CORfU:CT TO THE BEST OF OUR
KNOWLEDGE AND BEI.IEF.
CRAVEN THOMPSON & ASSOCIATES,INC.
CERTIFICATE OF AUTHORIZATION LB271
DOUGLAS M. DAVIE:
PROFESSIONAL SURVI!YOR AND MAPPER NO. 4343
STATE OF FLORIDA
SHEET 1 OF:2
N:\clerlcaIU0BS\20111\01001 03.1 OII\LEGA1.\r!LECTRIC EASEMENT. doc
C...1Ud on 5127J2GOll 11:11 :OD AM
DMDldntd
C:\Documents and Settings\ggallagher\Local Settings\Temporary Internet Files\OLKI14\Champion - Utility Easement v8 LMA (w LH
comments). DOC
7
. CRAVEN -THOMPSON & ASSOCIATE~..Llt:Jc.
. ENGINEERS. PLANNERS · SURvt. TOftS
~V.6,J N. W. 5,JRD STREET; FORT LAUDERDALE, FlORIDA .J.JJ09 FAX.- (951) 7~-6409 TEL,: (954) 1.19-6400
~ . I'tOODA LICENSED ~cRfNr;. SImOC'11N(; it MAPPfN(; SUSlNESS NA .271
. !'l.()RIf)i4 liCENSED LANDS(;Af'C Al/CH(1('cnmc BUSINESS No. C()(X)/U
'tCL"#cf'g,.lfNat~ nZw.~ "Tf'J:rff,{tA~:t =S~~~~.s; -. ""f 5I/Ml NO'",,!: ~CEf' J:!:4 '" JI{ PART 1II1>1(JtJr
FOR: City of Aventura
!:!lm:: THIS IS!!Q! A SKETCH or SURVEY. bill ""I)' . g,ophx: dep1eUon
01 tho ~'p'iptiOll ""own he,..",. There ..". bnn no /Iold wOo'k, viewing of
tho aublKt prop...I)', ... m""""'1IIl11 ..1 in c""nlCtlon ..1111 lht preparation
01 III. infOlmotlon .hown hereon,
SKETCH TO ACCOMPANY DESCRIPTION
UTlUTY EASEMENT
TRACT ~D"
POIN T OF TERMINUS
b
Jf
....
II
W
~
(J)
TRAcr "An
SOFFER REDLICH PLA T
AM J1O()t( 15J. PAGe 5$
/JIAJII-DADE COII/'ITY RCCf)RDS jk
POIN T OF COAlAlENCEMEN., ~
Sit' CORN!R mAcr ;(
S BOUNDARY
TRACT ~A M
~
-------_._-------_._._----~
N.E. 1915~~TI!E~T.--L-
--------7il'RIGHT OF WAY
SHEET 2 Of 2 SHEETS
UPDATES and/or REVISIONS
DATE.
Sy
CK'O . tImI The 1Indenlig...d ond CRA'JEN-lHOLlPSOII '" ....SSOCIATES. IN~ mole. no
rep'.....t"tion. or 'luCltent... os te Ih. fdformol\oll ,.~ected "-eon perlolning 10
eoettII",le, ~O"I.-ef-.oy. ..t lIcdI lius, r..tnIOlio.... 09relllllll\l. and olh..
llIrnU", mOlt..... and /urlh.... Ihis Instrum..t t. IIot "'tend.d 10 re/Jeel or e.t fOllh
alt ..ell """U.... SIIch Information slIould be obtolned ""d cOIIfl1mS\f by oth...
Ihrough opprcprfate tltl. wrlGcoU"n.
!!m Lenda tho.... h....on .were nol abelrocted for ~\-or-,.oy on4/ar
__lilts of recO/'d.
G:\2C01\OlOIOJ.109\DIiC\SO ELEC ESMT.DIIC
CHECKED BY: res F.e. N/A PC. N/A DATEO: OS/27/09
JOB NO.: 01-0103-087 DRAWN BY: DMD
C:\Documents and Settingslggallagher\Local SettingslTemporary Internet FiIes\OLKl14lChampion - Utility Easement v8 LMA (w LH
comments) DOC
8
JOINDER AND CONSENT
The undersigned Mortgagee joins in and consents to the foregoing Utility Easement
granted to the City of A ventura for the purpose of consenting to same and subordinating the lien
of the Amended and Restated Mortgage, Assignment of Rents and Security Agreement and
Notice of Future Advance recorded on , in Official Records Book
Page _ of the Public Records of Miami-Dade County, Florida, to the effect of such Utility
Easement, and agreeing for itself and those claiming under it, its successors and assigns, to be
bound by the provisions of such Utility Easement.
IN WITNESS WHEREOF, these presents have been executed this Joinder and Consent
this _ day of , 2009.
WITNESSES:
MORTGAGEE:
BANK OF AMERICA, N.A., a national
banking association
Signature of Witness
Print Name:
By:
Name:
Title:
Date:
Signature of Witness
Print Name:
Address:
COUNTY OF
)
SS:
)
STATE OF
The foregoing instrument was acknowledged before me this _ day of ,2009, by
, as , of Bank of America, N.A., a
national banking association, on behalf of the company, (check one) who [ ] is personally known
to me or [ ] has produced , as identification.
[SEAL]
Notary Public, State of Florida
Print Name of Notary
Commission No.
Commission Expires:
C:\Documents and Settings\ggallagher\Local Settings\Temporary Internet Files\OLKI I4\Champion - Utility Easement v8 LMA (w LH
comments) DOC
9
JOINDER AND CONSENT
The undersigned Mortgagee joins in and consents to the foregoing Utility Easement for
the purpose of consenting to same and subordinating the lien of its Leasehold Mortgage and
Security Agreement recorded in Official Records Book 19027, Page 2759 of the Public Records
of Miami-Dade County, Florida, to the effect of such Utility Easement, and agreeing for itself
and those claiming under it, its successors and assigns, to be bound by the provisions of such
Utility Easement.
IN WITNESS WHEREOF, these presents have been executed this Joinder and Consent
this _ day of , 2009.
WITNESSES:
MORTGAGEE:
The Hemisphere National Bank, a national
banking association
Signature of Witness
Print Name:
By:
Name:
Title:
Date:
Signature of Witness
Print Name:
Address:
STATE OF
)
SS:
)
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,2009, by
, as , of The Hemisphere National
Bank, a national banking association, on behalf of the Bank, (check one) who [ ] is personally
known to me or [ ] has produced , as identification.
[SEAL]
Notary Public, State of Florida
Print Name of Notary
Commission No.
Commission Expires:
C:\Documents and Settings\ggallagher\Local Settings\Temporary Internet Files\OLKI14\Champion - Utility Easement v8 LMA (w LH
comments).DOC
10
JOINDER AND CONSENT
The undersigned Ground Lessee, J.S. (Champion) LLC, joins in and consents to the
foregoing Utility Easement granted to the City of A ventura for the purpose of consenting to same
and subordinating the lien of its Ground Lease Agreement evidenced by Memorandum of Lease
recorded in Official Records Book 19027, Page 2753, of the Public Records of Miami-Dade
County, Florida, to the effect of such Utility Easement, and agreeing for itself and those claiming
under it, its successors and assigns, to be bound by the provisions of such Utility Easement.
IN WITNESS WHEREOF, these presents have been executed this Joinder and Consent
this _ day of ,2009.
WITNESSES:
GROUND LESSEE:
J.S. (Champion), LLC, a Florida limited liability
company
By: Turnberry Retail Holding, L.P., a
Delaware limited liability partnership, its
Manager (and Sole Member)
By: Turnberry Retail Subsidiary, GP, LLC, a
Delaware limited liability company, its
General Partner
~ ~udC//----
SIgnature of Witness
Print Name: (}1/VJ4 G~---x...
By: Turnberry Retail Developers, L.P., a
Delaware limited partnership, its
Managing Member
By: Turnberry Retail GP, LLC, a Delaware
limited liability company, its General
Partner
Biscayne Blvd., Suite 400
tura, Florida 33180
{L) ~fItn-
Signature of Witrwss .
Print Name: L!t/t rIP I At;lo/'" 0" fVl..~~,:/1
Date:
Address:
C:\Documents and Settings\ggallagher\Local Settings\Temporary Internet Files\OLKI14\Champion - Utility Easement v8 LMA (w LH
comments). DOC
II
STATE OF r Icrru) a. )
SS:
COUNTY OF til'iGll\'\. ()ct.J~ )
The foregoing instrument was acknowledged before me this 2..t. day of S ~pt- , 2009, by
Jacquelyn Soffer, Managing Member of Tumberry Retail, GP, LLC, a Delaware limited liability
company, general partner of Turnberry Retail Developers, L.P., a Delaware limited partnership,
Managing Member of Turnberry Retail Holding, L.P., a Delaware limited partnership, manager
and sole member of J.S. (Champion), LLC, a Florida limited liability company, on behalf of the
company, (check one), who [/] is personally known to me or [ ] has produced
, as identification.
[SEAL]
.:lY f"1.:1!: 1('.. ~1T.'TE C?
-, '-~'., .
. '1 '. ~...
,I ~..~ <:'.. 1. ';'i' ~:.~) .:.0
,;.:,~ 1~\1 Lj~Ti~' ~~.v'J inc:.
;"-'1';
Dc'n...l(;:~, ] i}i \.:' l U
~ ~J-iIL
Notary Public, State of Florida
c..,. r" I A 10 (' ~,IV\. ~ on
Print Name of Notary
Commission No. 0 () :5 2L-f I 8' 2-
Commission Expires: Y- J I -+ It <::)
C:\Documents and Settings\ggallagher\Local Settings\Temporary Internet Files\OLKl14\Champion - Utility Easement v8 LMA (w LH
comments)DOC
12