2003-10ORDINANCE NO. 2003- 10
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR THREE PARCELS OF LAND
LOCATED ON NE 28 COURT AT NE '185 STREET, AND
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A,
FROM B2, COMMUNITY BUSINESS DISTRICT TO RMF4,
MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT;
APPROVING A DEVELOPMENT AGREEMENT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
DEVELOPMENT AGREEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Ben Fernandez for Merco Group at Aventura Landings
I, II and III, Inc., through Application No. 01-REZ-03, has applied to amend the Official
Zoning Map of the City of Aventura by amending the zoning designation for three
parcels of land (the "Property") on NE 28 Court at NE 185 Street, as legally described in
Exhibit A attached hereto, from B2, Community Business District to RMF4, Multifamily
High Density Residential District; and
WHEREAS, the applicant has entered into a Development Agreement in order to
guarantee compliance with self-imposed limitations on the development of the Property,
attached as Exhibit "B" and incorporated by reference herein; and
WHEREAS, the applicant has offered a Declaration of Restrictions in Lieu of Unity
of Title that binds the Owner of the Property to certain limitations on the development of
the Property, attached as Exhibit "C" and incorporated by reference herein; and
Ordinance No. 2003- to
Page 2
WHEREAS, the City Commission concurrently with this rezoning application has
considered a small scale Comprehensive Plan amendment to change the land use
designation of the Property from Business and Office to Medium High Density
Residential (01-CA-03); and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes, and as the local
planning agency has determined that the rezoning is consistent with the applicable
provisions of the City Comprehensive Plan as proposed to be amended; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the application for rezoning and
the proposed Development Agreement, and has considered the testimony of all
interested parties at the public hearings, and has determined that the rezoning action
set forth in this Ordinance is consistent with the Comprehensive Plan, as proposed to
be amended; the intended use of the land as described in the Development Agreement;
and the health, safety and welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals. The foregoing whereas clauses are hereby ratified
and incorporated within this ordinance.
Ordinance No. 2003- to
Page 3
Section 2. Official Zoning Map Amended. That the Official Zoning Map
of the City of Aventura is hereby amended by amending the zoning designation for
three parcels of land located on NE 28 Court at NE 185 Street (Folio Numbers 28-2203-
000-0271, 28-2203-000-0284 and 28-2203-000-0231)from B2, Community Business
District, to RMF4, Multifamily High Density Residential District (see Exhibit "A" for Legal
Description).
Section 3. Development Agreement. The Commission hereby
approves the Development Agreement, a copy of which is attached hereto as
Composite Exhibit "B", and authorizes the City Manager to execute the Development
Agreement on behalf of the City. The Applicant shall record the Development
Agreement in the Public Records of Miami-Dade County, Florida, at its sole cost and
expense. In furtherance of the development and upon approval of the Site Plan for the
Property, the Owner also shall record the Declaration of Restrictions in Lieu of Unity of
Title in the Public Records of Miami-Dade County, Florida, at its sole cost and expense.
Section 4. Severability. The provisions of this Ordinance are declared
to be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but
they shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the City
Ordinance No. 2003- lo
Page 4
Commission, and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura and that the Official Zoning Map
of the City may be revised so as to accomplish such intentions.
Section 6. Effective Date. This Ordinance shall be effective immediately
upon the effective date of the small scale amendment to the Comprehensive Plan (01-
CPA-03).
The foregoing Ordinance was offered by Vice Mayor Grossman, who moved its
adoption on first reading. This motion was seconded by Commissioner Cohen, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Robert Diamond
Commissioner Harry Holzberg
Vice Mayor Manny Gressman
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner Cohen, who moved its
adoption on second reading. This motion was seconded by Commissioner Diamond
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Robert Diamond
Commissioner Harry Holzberg
Vice Mayor Manny Grossman
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
Ordinance No. 2003- i0
Page 5
PASSED on first reading this 1st day of July, 2003.
PASSED AND ADOPTED on second reading this 2nd day of September, 2003.
C~.'~, CLERI~
APPROVED AS TO LEGAL SUFFICIENCY:
This O~, nance was f~l'~d in~e Office of the City Clerk this
__ day of September, 2003.
Exhibit A to Ordinance No. 2003-10
LEGAL DESCRIPTI®N:
Tract
/he North 510.86 feet. of the following described property:
A portion of the Southwest 1/4. of FracUonol, Section 3. Township 52 South, Range 4.2 East. Miami--Dodo
County. FIorlda. being more particularly described as fallows;
Begin ct the Southwest corner af the Northwest 1/4. of the Southeast 1/4. of the Southwest 1/4. of said
Fractional section 3; thence N 89'59'25" W, along the South line of the Northeast 1/~. of the Southwest 1/~- of
the Southwest 1/4, of said Section 5, for 80.21 feet; thence N (701'4-5" E for 310.86 feet to o point on a
curve (said point beers S 0'8'15" W from the radius point of the next described circular curve); thence
SoutheosteHy, along a circular curve to the left (concave .to the Northeast), having a radius of 694.69 feet end
a central (angle of 0'6'50" for on otc distance of 1.31 feet to a point of tangency; thence S §9'58'15" E, along
(3 line parallel with end 20.00 feet South of os measured at right angles to. the North line of the South 1/2 of
the Northwest 1/4- of the Southeast 1/4 of the Southwest 1/4. of said SecUon 5, for 451.94 feet; thence
S 0'00'4.5' W. along the Westerly right-of-way llne of NE 28th Court end its Southerly prolongaUon as recorded
in Official Records Book 6088, Page 160 of the Public Records of Idlami-Dode County, Florlda. for 760.62 feet;
thence N 89'59'25' W, along e llne parallel with end 44-9.91 feet South of, as measured at right ar~Jles to the
No, th line of the Southwest 1/4. of the 'Southwest 1/4 of the Southwest 1/4. 'of said Section 3, for 34-6.87
· feet; thence N (7¢6'52" W, along the East llne of the Southwest 1/4 of the Southwest 1/4., of said Section ;5,
for 4.4-9.95 feet {~o the POINT OF BEGINNING, lying end being in Miami--Dada County, Florida.
Tract B:
The South 4-49.91 feet. of the following described property:
A portion of the Southwest 1/4 of FracUonol, Sec[lob 5. Township 52 South, Range 42 East. Miami--Dada
County, .Florida. being more partlculari¥ described as follows:
Begin at the Southwest corner of the Northwest 1/4. of the Southeast 1/4. of the Southwest 1/4. of said
Fractional section 3; thence N 89'59'25' W. along the South llne of the Northeast 1/4. of the Southwest 1/4 of
the Southwest 1/4., of said SecUon 3. for 80.21 feet: thence N 0'01'45" E for 310.86 feet to a point on a
:urve (said point bears S (78'15~ W from the radius point of the next described circular curve); the~nce
Sou[hess[aNy. along a circular curve to the left (concave to the Northeast). having a radius of 694.69 feet and
a central angle of (76'50" for an arc distance of 1.31 feet to a point of tangenc3,; thence S 89'58!15' E, along
a llne parallel with end 20.00 feet South of os measured at right angles to. the North llne of the South 1/2 of
the Northwest I/4. of the Southeast 1/4 of the Southwest 1/4 of said SecUon 3. for 4;31.94 feet; thence
S 0'00'4.5" W, along the Westerly right-of-way llne of NE 28th Court and its Southerly prolongation as recorded
in Of Rclal Records i3ook 6088. Page 160 el~ the Public Records of Miami--earle County. Florida, for 760.62 feet;
therlce N 89"S9'25' W, along a llne parallel with and 449.91 feet South of. as measured ~t right angles to the
North llne of the Southwest 1/4- of the Southwest 1/4. of the Southwest 1/4 of said Section ;3, for 346.87
feet; thence N 0'4.6'52' W. along the East llne of'the Southwest 1/4- of the Southwest 1/4-, of said Section 5.
for 4-4.9.9`5 feet to the POINT OF BEGINNING, lying end being in Miami--Dada County, Florida.
Tract C:
A portion of the East 1/2 of the Southwest 1/4- of the Southeast 1/4 of the Southwest 1/4- of Fractional
Soctlon ;3, Township 52 South, Range 42 East, Miami-Dodo County, Florida, being more particularly descr{bed es
follows:
Commence at the Northwest corner of the East 1/2 of the Southwest 1/4. of the Southwest 1/4. af the
southwest I/4 of said Fractlonol Section .~. thence run S 89"59'25 E along the North boundary of the East 1/2
of the Southwest 1/4. of the Southeast 1/4. of the Southwest 1/4- of said Fractional Section 3, o distance of
90.17 feet to the point of intersection with East right-of--way boundary of Northeast 2Bth Court as described in
that certain right-of-way Deed to Dodo County, filed on September 10. 1968, in Officlol Records Book 6B88,
Page 160 of the Public Records of Miami-Dodo County, Florida, being the POINT OF BEGINNING of the parcel of
land hereinafter to be described; thence mn S 0'00'4-5" W along the aforesaid described llne, a distance of
,381.28 feet to the point of intersection with a llne that is ,300 feet North of end parallel to the South boundary
of the East 1/2 of the Southwest 1/4. of the Southeast 1/4. of the Southwest 1/4. of said Fractional Section ;3;
thence run N 89'57'54.~ E along the last described line. a distance of 200.28 feet to a point, said point being
46.75 feet West of the East boundary of the Southwest 1/4 of the Southeast 1/4. of the .Southwest 1/4 .~f
said FFactional ;5; thence run N 0'00'4.5' E a{ong a llne that is 200.28 feet East of and parallel to the said
East boundary of Northeast 28th coud:, c distance of ,361.18 feet to the point, of intersection with the North
boundary of the Southwest 1/4. of the Southeast 1/4- of the Southwest 1/4. of said Fractional SecUan ;3, thence
Jn N 89'.59'25' w along the last described llne, a distance of 200;28 feet to the POINT OF BEGINNING.
DEVELOPMENT AGREEMENT
This Developlnent Agreement ("Agreement") is made and entered
into as of the ,Zs~ day ok.~fi~, ,2003 by and between the
City of Aventura, Florida a municipal corporation, ("City") and MERCO GROUP
AT AVENTURA LANDINGS I, INC., MERCO GROUP AT AVENTURA
LANDINGS II, INC. AND MERCO GROUP AT AVENTURA LANDINGS III,
INC. (collectively "Owner").
RECITALS:
WHEREAS, the Owner owns the property, consisting of
approximately 9.02 gross acres of land (the "Property"), the legal description of
which is attached hereto as Exhibit A; and
WHEREAS, the Owner has proposed in the Application to develop
the Property with the planned uses (the "Project") described in Exhibit B
attached hereto; and
WHEREAS, the Owner has filed applications for development
approvals relating to the Property, including an application to amend the City of
Aventura Comprehensive Plan, an application for rezoning, an application for
site plan approval, an application for various variances required to develop the
Project, and an application to close a portion of NE 28th Court (the
"Applications"), with the City's Community Development Department; and
WHEREAS, pursuant to the applicable City of Aventura Code
provisions, the site plan for the property has undergone review by the City Staff;
and
WHEREAS, Owner has agreed to provide the design for a
necessary public facility, NE 185th Street extension, as well as dedicate needed
right-of-way for N.E. 185~ Street and construct such roadway within the
Property, which will satisfy the needs of the Project and remedy an existing
deficiency, which actions will also provide a significant enhancement to the
quality and utility of other area roadways; and
WHEREAS, this Agreement is intended to and shall constitute a
Development Agreement among the parties pursuant to the Florida Local
Government Development Agreement Act Sections 163.3220-163.3243, Florida
Statutes (the "Act"); and
WHEREAS, the City of Aventura City Commission has considered
this Agreement at public hearings held on July 1, 2003 and September 2, 2003,
and has determined that the Project and this Agreement are consistent with the
City's Comprehensive Plan and the land development regulations the City has
promulgated pursuant thereto; and
WHEREAS, City has determined that it is in the public interest to
address the issues covered by this Agreement in a comprehensive manner in
compliance with all applicable laws, ordinances, plans, rules and regulations of
the City, while allowing the Owner to proceed with the development of the
Project in accordance with existing laws and policies, subject to the terms hereof,
and the City has agreed to enter into this Agreement with the Owner.
NOW, THEREFORE, in consideration of the foregoing, and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
1. Recitations. The foregoing recitations are true and correct
and are incorporated herein by reference.
2. The Proiect. A description of the Project, including
population densities, and building intensities, is attached to this Agreement as
Exhibit B.
3. Applications for Development Approvals. Promptly
following the effective date of this Agreement, the Owner will initiate and
diligently pursue all applications for development permits (as defined by Section
380.031(4), Florida Statutes), which were not previously obtained. A list of all
local development permits required to be approved for the development of the
Property is attached hereto as Exhibit C. City shall process ali development
permit applications in a timely fashion and the City shall cooperate with the
Owner (at no cost to the City) in processing all necessary development permit
applications with Federal, County and State agencies as needed.
4. Funding for Public Facilities. (a) Owner agrees to dedicate
to the City the required road right-of-way for NE 185th Street, as it bisects the
Property, in accordance with design plans for such roadway improvements to be
prepared by Owner and approved by the City, Miami-Dade County, and the
Florida Department of Transportation (FDOT), for construction of "Miami
2
Gardens Drive Connector" (TIP project number 671363) as a new 4 lane facility
from Biscayne Boulevard (US1) to NE 28th Court (the "185 St. Plans").
(b) Owner agrees to prepare the 185 St. Plans, and apply for
approval of same from the City prior to applying for approval of the first
building permit within the Project. City agrees to cooperate in its review of the
185 St. Plans and to provide expeditious review of such plans. Upon its approval
of the 185 St. Plans, City shall prepare and submit all necessary applications to
County, FDOT and other agencies for approval of such plans, and shall
expeditiously process such applications to obtain necessary approvals.
(c) After Owner has completed and City has obtained approval for
the 185 St. Plans, Owner shall construct NE 185 St. within the Property and in
accordance with the 185 St. Plans. Prior to issuance of the first certificate of
occupancy or certificate of use for the Project, construction of the portion of NE
185 St. within the Property shall be complete, certified and accepted by the City
as acceptable.
(d) Provided that this Agreement has become effective as provided
in paragraph 10 below, Owner shall dedicate all of the required roadway right-
of-way for NE 1854 Street within the Property, to Miami-Dade County or City as
appropriate, after approval of the Applications and within thirty (30) days from
the expiration of all appeal periods relating to approval of the Applications, with
no appeals having been filed, or if filed, having been resolved in Owner's favor.
For purposes of this paragraph, "appeals" shall include petitions for writs of
certiorari, and challenges pursuant to Section 163.3215, Florida Statutes.
5. Contribution-In-Lieu-Of-Fee Approval. Owner's commitment to
pay for the preparation of the 185 St. Plans as set forth in paragraph 4 above, is
expressly subject to approval of such payment as a roadway improvement
contribution-in-lieu-of-fee, pursuant to Section 33E-10 of the Miami-Dade
County Code Section IX of the Metro-Dade Road Impact Fee Manual. Owner
acknowledges that only the offsite portion of such payment may receive
contribution-in-lieu-of-fee approvai, and Owner shall be required to apply for
approval of such roadway improvement contributions-in-lieu-of-fee pursuant to
the applicable provisions of the Code and Metro-Dade Road Impact Fee Manual,
and City agrees to provide all necessary support for such application. Failure to
receive an approval for such contribution-in-lieu-of-fee shall render the
Agreement null and void.
6. Adequate Public Facilities. Pursuant to Section 31-239 of the
City Code, the City has made affirmative concurrency findings that all of the
public services and facilities necessary to serve the Project meet or exceed the
established LOS standards. Furthermore, the City agrees that during the term of
this Agreement, it shall provide and reserve concurrency-related public facility
capacity for the Project, within the scope of the City's authority as a service
provider.
7. Laws Governing this Agreement. The City's laws and
policies governing the development of the Project and the Property at the time of
the execution of this Agreement (including, but not limited to the City's
concurrency management program as set forth in Section 31-239 of the City
Code) shall govern the development of the Project and the Property for the
duration of this Agreement. The City may apply subsequently adopted laws and
policies to the Project only as otherwise permitted or required by the Act.
8. Consistency with the Comprehensive Plan. The City has
adopted and implemented the Comprehensive Plan. The City hereby finds and
declares that the provisions of this Agreement dealing with the Property are
consistent with the Comprehensive Plan and its adopted land development
regulations.
9. Public Facilities and Concurrency. Owner and City anticipate
that the Project will be served by those roadway transportation facilities
currently in existence as provided by State, County and City roadways. It is also
anticipated that the Project will be served by the public transportation facilities
currently in existence, including those provided by Miami-Dade County, and
other governmental entities as may presently operate public transportation
services within the area. Sanitary sewer, and solid waste, services for the Project
are expected to be those services currently in existence and owned and operated
by Miami-Dade County, and/or the Miami-Dade Water and Sewer Department.
Potable water service shall be provided by the City of North Miami Beach.
Stormwater drainage service shall be provided by the City. The Project will also
be serviced by any and all public facilities, as such are defined in Section
163.3221(12), Florida Statutes (2002), and as such are described in the
Comprehensive Plan, specifically including, but not limited to, those facilities
described in the Comprehensive Plan's Transportation, Infrastructure, and
Capital Improvements Elements. A full listing of all such public facilities is set
forth on Exhibit D attached hereto.
10. Recording of the Development Agreement. Within fourteen
(14) days after the City executes this Agreement, the City shall record this
Agreement with the Clerk of the Circuit Court of Miami-Dade County. The
Owner shall submit a copy of the recorded Agreement to the State of Florida,
Department of Community Affairs (DCA) within fourteen (14) days after this
Agreement is recorded. This Agreement shall become effective only after (a) it
has been recorded in the public records of Miarni-Dade County, and (b) thirty
(30) days have elapsed after DCA's receipt of a copy of the recorded Agreement.
The Owner agrees that it shall be responsible for all recording fees and other
related fees and costs related to the recording and delivery of this Agreement as
described in this section. The provisions hereof shall remain in full force and
effect during the term hereof, and, subject to the conditions of this Agreement,
shall be binding upon the undersigned, and all successors in interest to the
parties to this Agreement. Whenever an extension of any deadline is permitted
or provided for under the terms of this Agreement, at the request of the either
party, the other party shall join in a short-form recordable memorandum
confirming such extension to be recorded in the public records of Miami-Dade
County.
11. Term of Agreement. (a) This Agreement shall terminate on
the date which is five (5) years from the effective date hereof; provided, however,
that if the Owner fails despite ail reasonable, good faith efforts to receive a "no
further action (NFA)" letter from Miami-Dade County Departrnent of
Environmental Resources Management (DERM) for the environmental
remediation of the Lofts Parcel and Townhome Parcel (as described on Exhibit B)
within six (6) months from the effective date of this Agreement, then the term of
this Agreement shall be automatically extended beyond the five year term in an
amount of time equivalent to the time taken for the issuance of the NFA, but not
to exceed an extension of two years. (b) In addition to the foregoing, the term of
this Agreement may be extended by mutual agreement of the City and Owner in
2.5 year increments for up to an additional five (5) years from the termination
date set forth above, subject to public hearing in accordance with §163.3225,
Florida Statutes. City approval shall not be unreasonably withheld provided that
the City finds that the Owner has complied with the obligations applicable to the
Owner in Paragraph 4 above and is proceeding to obtain or has obtained the
development permits in Paragraph 3 above. No notice of termination shall be
required by either party upon the expiration of this Agreement and thereafter the
parties hereto shall have no further obligations under this Agreement.
12. Time for Completion. Owner shall commence development
of the Project after the effective date of this Agreement, as set forth in paragraph
10, above. Ali permitting, infrastructure improvements and land development
shall be completed prior to the termination of the Agreement, within five years of
effective date unless extended pursuant to paragraph 11, above. City
acknowledges and agrees that ali public facilities and services that are required
to service the Project will be available concurrent with the Project's impacts
during the term of this Agreement, and that Owner shall be permitted to
complete the Project, as set forth in this Agreement, prior to the Agreement's
termination date.
13. Default and Remedies. (a) In the event that Owner defaults
under any of its obligations set forth in paragraphs 3, 4, and 5 above, City is
authorized to withhold issuance of any development orders and development
permits until Owner has complied with the terms of this Agreement. (b) In the
event of default by either party under this Agreement, the other party shall be
entitled to all remedies at law or in equity.
14. Other Approvals. The parties hereto recognize and agree
that certain provisions of this Agreement require the City and/or its boards,
departments or agencies, acting in their governmental capacity, to consider
governmental actions, as set forth in this Agreement. All such considerations
and actions shall be undertaken in an accordance with established requirements
of state statutes and county ordinances, in the exercise of the City's jurisdiction
under the police power.
15. No Permit. This Agreement is not and shall not be
construed as a development permit, or authorization to commence development,
nor shall it relieve Owner of the obligations to obtain necessary development
permits that are required under applicable law and under and pursuant to the
terms of this Agreement.
16. Good Faith; Further Assurances; No Cost. The parties to this
Agreement have negotiated in good faith. It is the intent and agreement of the
parties that they shall cooperate with each other in good faith to effectuate the
purposes and intent of, and to satisfy their obligations under, this Agreement in
order to secure to themselves the mutual benefits created under this Agreement;
and, in that regard, the parties shall execute such further documents as may be
reasonably necessary to effectuate the provisions of this Agreement; provided,
that the foregoing shall in no way be deemed to inhibit, restrict or require the
exercise of the City police power or actions of the City when acting in a quasi-
judicial capacity. Wherever in this Agreement a provision requires cooperation,
good faith or similar effort to be undertaken at no cost to a party, the concept of
no cost shall not be deemed to include any cost of review (whether legal or
otherwise), attendance at meetings, hearings or proceedings and comment
and/or execution of documents, all such costs to be borne by the party receiving
a request to so cooperate, act in good faith or so forth.
17. Omissions. The parties hereto recognize and agree that the
failure of this Agreement to address a particular permit, condition, term, or
restriction shall not relieve the Owner of the necessity of complying with the law
governing said permitting requirements, conditions, term or restriction
notwithstanding any such omission.
6
18. Notices. Any notices required or permitted to be given'
under this Agreement shall be in writing and shall be deemed to have been given
if delivered by hand, sent by recognized overnight courier (such as Federal
Express) or mailed by certified or registered mail, return receipt requested, in a
postage prepaid envelope, and addressed as follows:
If to the City at:
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
With a copy to:
City Attorney
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
If to Owner at:
MERCO Group Inc.
5101 Collins Avenue
Miami Beach, Florida 33140
With a copy to:
Jeffrey Bercow, Esq.
Bercow & Radell, P.A.
200 S. Biscayne Boulevard
Suite 850
Miami, Florida 33131
Notices personally delivered or sent by overnight courier shall be
deemed given on the date of delivery and notices mailed in accordance with the
foregoing shall be deemed given three (3) days after deposit in the U.S. mails.
The terms of this Section 18 shall survive the termination of this Agreement.
19. Construction. (a) This Agreement shall be construed and
governed in accordance with the laws of the State of Florida. All of the parties to
this Agreement have participated fully in the negotiation and preparation hereof;
and, accordingly, this Agreement shall not be more strictly construed against any
one of the parties hereto. (b) In construing this Agreement, the use of any gender
shall include every other and all genders, and captions and section and
paragraph headings shall be disregarded. (c) All of the exhibits attached to this
Agreement are incorporated in, and made a part of, this Agreement.
20. Severabilitv. In the event any term or provision of this
Agreement be determined by appropriate judicial authority to be illegal or
otherwise invalid, such provision shall be given its nearest legal meaning or
construed as deleted as such authority determines, and the remainder of this
Agreement shall be construed to be in full force and effect.
21. Litigation. In the event of any litigation between the parties
under this Agreement for a breach hereof, the prevailing party shall be entitled to
reasonable attorney's fees and court costs at all trial and appellate levels. The
terms of this paragraph shall survive the termination of this Agreement.
22. Time of Essence. Time shall be of the essence for each and
every provision hereof.
23. Entire A~eement. This Agreement, together with the
documents referenced herein, constitute the entire agreement and understanding
among the parties with respect to the subject matter hereof, and there are no
other agreements, representations or warranties other than as set forth herein.
This Agreement may not be changed, altered or modified except by an
instrument in writing signed by the party against whom enforcement of such
change would be sought and subject to the requirements for the amendment of
development agreements in the Act.
24. Force Majeure. Any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials
or reasonable substitutes therefore, riot, civil commotion, fire or other casualty,
and other causes beyond the reasonable control of the party obligated to
perform, excluding the financial inability of such party to perform and excluding
delays resulting from appeals or rehearings commenced by the Owner (any such
causes or events to be referred to herein as a "Force Majeure"), shall excuse the
performance by such party for a period equal to any such period of prevention,
delay or stoppage.
Signed, sealed, executed ~acknowledged this ~ Z'~day~ 2003.
~TN,~SS,~S: I / / ~~T~ '"~T~R~
]-~ The j~oregoipg instrument was acknowledged before meby
~,,.~ a!~c~.l~ '~- . , the ,:~._~'-6.'M of
is personally known to me or has produced , as
identification.
tness my signature and official seal this
t~r~ ,2003, in the County an~ate ~
Pr~N~/
My Co~ssion Expires:
day
/2>~ ~.
of
9
Print
STATE OF
couN oF
MERCO GRO~
LAN~
Title: /
,~..t~., The .foregoing instrument was acknowle.d?~_d before me by
~ £~ ff[,~FU z~ [~ '~, ' the ~P~;~ of
~g;~~* ~~tion, on beha'lf of the corporation. He/She
is personally kno~ to me or has produced , as
identification,
my
signature and official seal
,2003, in the County~3~-
'1~ Exp~re~ June O? 200~
this ~ day of
;ta, te'Of-I 'tZ'-/,~¥-[',~[.,c_
..L~. V~r,~ ,.__
My Commission Expires:
I0
WITNESSES:
Print ~/"~,,'~.~
ST*TEOF
couN YOF
W/~ The ~J~oregoi~g~ instrument was ackr~wlede:~d before me by
~/~2 .ff/~,./-t.r ~/~ ~. , ~he ~ ~ ;~ of
d~d' ~'~~r~ ~o~ation, on be~al~ ~f'~h~ corporation. He/She
is pers~ally ~own to me or has produced , as
iden~ication.
mess my si~amre and official se~ t~~ay of
~ ,2003, in the County ~ ~ate ~o~id.~ ~
~int~ame
My Commission Expires:
~1'1~1~ Exp~ Jun~ 07 2~05
Attest:
~ll'eresa ~
CITY OF AVENTURA, FLORIDA
By:
Eric Soroka,~Ci ~M ~a~er ~
11
(Space reserved for Clerk)
JOINDER BY MORTGAGEE
INDIVIDUAL
The undersigned, RAUL CASARES, a Mortgagee under that certain mortgage filed the 12th
day of August, 1999, and recorded in Official Records Book 18745, Page 1950, securing the
original principal sum of $1,350,000.00; as modified in Official Records Book 19351, Page 3677,
all in the Public Records of Miami-Dade County, Florida, covering all/or a portion of the property
described in the foregoing agreement, does hereby acknowledge that the terms of this agreement
are and shall be binding upon the undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this 7~'Z,,, ~ day of
August, 2003.
S~g~
Sign at u re//~ ~/.~..~ //'~ ~.~ /
Print Na~e/ ~
[f:\forrns\Joinder by Mortgagee - Casares (8/22/03)]
(Space reserved for Clerk)
~rATE OF
COUN O
Th/e foregoing instrument was acknowledged before me by
who is,/personally known to me or has produced
identification.
Witness my ~gnature and officia~ seal this .~ ,f ~ . ~/~
in the County and State aforesaid. . ·
/ tv V',LJ
Print Name
My Commis~on Expires~
~.; My Comm~aoo DD03~
.~.~e Expires June07 200~,
Legal Description
EXHIBIT A
~e N(3rth 510.86 feet, of the following described property:
A portion of the Southwest 1/¢, of Fractional Section 3, To[reship 52
South, Range 42 East, Micmi-Oade County, ~qorido, being more
porticul(3rly described as follows:
Begin (3t the Southwest corner of the Northwest 1/4, of the Southeast
1/4, of the Southwest 1/4, of said Fractional Sect[on 5; thence
N89degSgmin28secW, (31cng [he South line of the Northeast 1/¢, of the
Southwest 1/4. of the Sauthwest 1/4, of said Section 3, for 80.21
feet; thence NOOdegOlmin45secE for ,510.68 feet t(3 a point on a curve
(said point bears SOOdegOOmin15secW ~ram the radius point of the
next described circular (3urYe); then(3e Southeasterly, along a circular
curve to the left (concave to the Northe(3st), having a radius of 694.69
tee[ and a central angle of OOdegO6min3Osen for ~n arc dis[once
1.5~ fee( (o ~ point of tangenc~ bhence S89deg58miniSsecE, along
Eno parallel ~ith and 20.00 fe~ South of as measured ~t right
to the North line of the South ~/2, of ~e Northwest ~/4 of the
Southeast ~/4, of the Southwest 1/~, of said Section 5, for
feet; ~ence SOOdegOOm[n~SsecW, along (he Westedy Right-of-Way ~ine
of N.E. 28(h Court and its Southerly prolongation as recorded
Official Records Book 8088, Page 180 of the Public Record~ of
Miami-Dodo County, Rorida, for 760.82 feet; thence
N89degSgmin25secW, a~ong ~ Jine parallel ~ith and ~9.9t feet South
of, as measured at righ~ angles to ~e North tine gf the Southwest
1/4, of the Southwest 1/~, of ~he Southwest 1/~, of said Section
for ~.87 fee(; [hence NOOdeg46min52secW, along the East line of the
Southwest 1/~, of the Southwest 1/~, of said Section ~, for ~49.95
feet to the POINT OF BEGINNING, J~ng and being in Miami-Oade
County, Florida.
TRACT "B":
~ne South 449.97 feet, of the following described property.
^ portion of the Southwest 1/4. of Fr(3ctional Section 3, Township 52
South, R(3nge 4.2 East, Mi(3mi-Oede County, Florid(3, being more
p~rticulady described (3s follows:
Begin at the Southwest comer 'of the Northwest I/4 of the Southeast
1/¢ of the Southwest 1/4 of said Fraction(31 Section 3; thence
NBgdegSgmin25secW, (3long the South line of the Northeast I/4 of the
Southwest 1/¢ of the Southwest il4., of s<3Jd Section 5, for 80.21
feet; thence NOOdegO1min4.SsecE for 310.86 feet to a point (3n a
curve (said point bears SOOdeggOmJnJSsecW from the radius point of
the next described circulnr curwe); thence Southeasterly, al(3ng o
circular curve to the left (conc(3ve to the Northe(3st), having a
radius of 694.59 feet and o central angle of OOdegO6min3Osen far on
arc distance of 1.51 feet to (3 point of t(3ngency, thence
S89deg58minlSsecE, (3long a line parallel with (3nd 20.00 feet South
of (3s measured at right (3ri§les to, the North line of the S(3uth 1/2
of the Northwest 1/4. of the Southe(~st 1/4 of the Southwest 1/4, of
snid Section 5, for ¢3t.9¢ feet; thence SOOdegOOmM45senW, along
the Westerly Right-of-Way line of N.E. 2Bth Court and its Southerly
prolong(3tion as recorded in (Official Records Book 6088, Page 150
of the Public Records af bHami-Oode County, Rorido, for 760.82
feet; thence NO§degSSmin25secW, along a line par(31[et with and
4-49.91 feet South of, os me(3sured at fight ongJes to the North line
of the Southwest 1/4. of the Southwest 1/4. (3f the Southwest 1/4, of
said Section 3, for 34,8.87 feet; thence NOOdeg4,6mln52secW, (:long
the East line of the South,#est 1/4- of the Southwest 1/4,, of sold
Section 3, for 4-4-9.95 feet to the POINT OF BEGINNING, I~ng and
being tn Miami-Dodo County, Florid(3.
TRACT "C":
A portion at the East 1/'Z of the Bouthwest 1/¢ of the Boutheast I/4
of the Southwes[ 1/% of F'roctionot Section 3, Township 52 Soulh,
Range 4-2 East. Miami-Oode County, Florida, being more particularly
descrfbed os follows:
Commence at the Northwest corner of the East I/2 of the Southwest
1/4 of the Southeast 1/4- of the Southwest 1/~ of said FroctioncI
Section 3; thence mn 589deg59min25sec~ along the North boundary o~
~he East 1/2 of the Southwes~ 1/~ of the Southeast ~/~ o~ ~he
Southwes~ 1/4 of said Fractional Section. 3, o distance of 90.17
feet ~o the point of intarsecUon wi~h East Right-of-Way boundary
o~ No,beast 28~h Court os described in that certain
Geed to Dada County, ~led on September 10, 1988, in
Records Book 6088, Page 180 of the Pubiic Records of Miami-Dada
County, ~o~do, being the POINT OF BEGINNING o~ the parcel o~ land
hereinafter to be described; thence ~n SOOdegOOmin~Ssec~ along the
aforesaid described line, o distance of 38L28 feet ~o the point o~
intersection ~ith o llne that is 300.00 reef North at and parallel
to ~he South boundary of the East 1/2 of the Southwes~ 1/~ of lhe
Southeast 1/~ of ~ha Southwest 1/~ o~ said Fr¢c~on¢t Section 3;
~h~ce ~n N~gdeg57minSasecE oIong the lost described line, o
die,once of 200.28 fee~ to ~ poinL said poin~ being ~.75
We~ of the East boundary of the Sou(hwas~ 1/~ of the Southeast 1/¢
of the Southwest 1/~ o~ said Froction~l 3; thence
NOOdegOOmin~SsecE oIong o line that is 200.28 fee[ East of and
p~rollel to the said East boundory of No~heos~ 28~h Cou~, o
distance of 381.18 feet ~o ~ha point of ~ntersection with the North
boundary of ~he Sou~hwes~ 1/$ of the Southeast 1/~ at the Southwest
1/~ of said Froction~l Section 3; thence ~n NBgdegSgmin25secW
clang the Ios~ described tine, o distance of 200,28 feet to
POINT OF BEGINNING. .....
ROAD TRACT:
T~ot portion of o 70.00 feet wide Right-of-Way for N.E. 28th Court os
described tn Official Records Book 6068, at Page tBO of the Public Records of
Miam~-Oode County. Florida. lying South oF the North ~ine of the East 1/2, o~
· e Southwest 1/4, of ~he Southeast 1/~, o~ ~he Sou[hwes~ 1/~. of Section 5,
Township 52.South, Range ~2 East, City of Av~nture, ~iemi--O~de County,
Flbrido.
ALSO KNOWN AS;
A portion of the East 1/2, of the Southwest I/A, of the Southeast 1/4., of the
Southwest 1/4. of Fractional Section 3. Township 52 South, Range 4-2 East.
Miomi-Oode County, ~or[do, being more particularly descn'bed as follows:
Commence at the Northwest corner of the East 1/2, of the Southwest 1/~-, of
the Southeast 1/4., of the Scluthwest t/4., of said Section 0; thence
SBgdeg59min25secE, oIong the North Line of the East 1/7.. of the Southwest
1/4-. of the Southeast ~/A, of the Southwest 1/4., of said Section 5, for
distance of 20.17 feet to i~s intersec~fon with ~he West Righ(-of-Wey Line
Northeast 28kb Court. os described in that certain Righ(-of--Woy Oeed to
Miomi--Oode C~un(y, ~[ed on Sepkember 10th. 1988. in Officiel Records
8088. Page 160 oF the Public Records of Miomi-Oode Coun[y, ~or[do, s~id po[n[
also being the POINT 0¢ BEGINNING of the herein~er described P~rcel of L~nd;
khence conkinue S89deg59min25secE. ot~ng the IDek described I~ne. o d[skQnce
of 70.00 feet [eiks [ntersec[ion with E~st Righk-of-Woy Line of said Northeest
28~h Court; thence SOOde~Olmin45secW, ~long said East Rightio~-woy Line
Northeast 28(h Court, for 4~9.95 ~ee[; thence N89deq59m[n25secW Car 70.00
LESS:
A portion of the Et:st 1/9_, oF the Southwest 1/4-, of the Southeast 1/¢, of the
Southwest 1/¢ oF Fr~c(ional Section 3. Township 52 South, R~nge ~2 East.
EXHIBIT B
PROJECT LAND USES, DENSITIES AND INTENSITIES
The Proiect includes the following described development, permitted on the
Property as described in Exhibit A attached to the Agreement.
Townhome Parcel. (South of Proposed NE 185m Street and west of
current NE 28u~ Court). This parcel is 4.482 acres gross, and 4.07
acres net. Proposed development of this parcel is for 62
town_homes under the RMF4 and RMF3A zoning district
regulations. Proposed maximum height is $ stories or 35 feet.
Condominium Parcel. (North of Proposed NE 185m Street and west
of NE 28m Court). This parcel is 2.30 acres gross, and 1.89 acres net.
Proposed development of this parcel is for 205 condominium units
under the RMF4 zoning district regulations. Proposed maximum
roof height is 18 stories or 186' - 6".
Lofts Parcel. (South of NE 185th Street and east of current NE 284`
Court). This parcel is 1.952 acres in size. Proposed development of
this parcel is for 138 loft-style apartment units under the RMF4
zoning district regulations. Proposed maximum height is 13 stories
or 206' 10".
Outparcel. (South side of NE 185~ Street, on northwest side of
Townhome Parcel). The outparcel is .284 acres in size. Proposed
development of the outparceI is for a swimming pool clubhouse,
entry feature and guest parking. No residential development is
proposed for this parcel. Subject to approval by the City
Commission, the Owner may install landscaping, a water feature,
or other decorative elements on this parcel.
EXHIBIT C
LIST OF REQUIRED DEVELOPMENT PERMITS
Department of Environmental Resource Management Permits
Miarrd-Dade County PubIic Works Department Permits
Miami-Dade Water and Sewer Authority Department Approval and permits
South Florida Water Management District Permit (Storm Water Management)
Full Building Permits, covering
Foundation
Electrical
Plumbing
Mechanical and Cooling Towers
Elevator
Fire/Life Safety Systems
Roofing
Glazing (Windows and Doors)
Stair and Balcony Railings
Signs
Certificates of Use and Occupancy
Such other permits as may be required by Federal, State and local law.
EXHIBIT D
PUBLIC FACILITIES
The Project will be serviced by those roadway transportation facilities
currently in existence as provided by State, County and local roadways. The
Project will also be serviced by public transportation facilities currently in
existence, as provided by Miami-Dade County, the Florida Department of
Transportation, and such other governmental entities as may presently operate
public transportation services witlxin the area of the Project. Sanitary sewer, and
solid waste services for the Project shall be those services currently in existence
and owned or operated by Miami-Dade County, and/or the Miami-Dade Water
and Sewer Department. Potable water service shall be provided by the City of
North Miami Beach. Stormwater drainage service shall be provided by the City.
The Project shall be serviced by those existing educational facilities owned or
operated by the Miami-Dade Public Schools District, and shall be serviced by
those existing parks and recreational facilities located in Aventura owned or
operated by the United States Government, by the State of Florida, by Miami-
Dade County, and by the City.
The Project will also be serviced by any and all public facilities, as such are
defined in Section 163.3221(12) of the Act, that are described in the City's
Comprehensive Plan specifically including but not limited to those facilities
described in the Comprehensive Plan's Transportation, Infrastructure, and
Capital Improvements Elements. A copy of the Comprehensive Plan is available
for public inspection in the offices of the City's Community Development
Department.
This instrument was prepared by:
Name: Jeffrey Bercow
Address: Bercow & Radell, P.A.
200 South Biscayne Blvd., Suite 850
Miami, FL 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIONS
IN LIEU OF UNITY OF TITLE
(Residential)
KNOWALL BY THESE PRESENTS that the undersigned Owner hereby makes, declares and
imposes on the land herein described, these easements and covenants running with the title to the
land, which shall be binding on the Owner, all heirs, successors and assigns, personal
representatives, mortgagees, lessees, and against all persons claiming by, through or under them;
WHEREAS, the undersigned Owner holds the fee simple title to the land located in the City
of Aventura in Miami-Dade County, Florida, described in Exhibit "A," attached hereto, and
hereinafter called the "Property," which is supported by the attorney's opinion attached as Exhibit
"B," and
WHEREAS, Owner is desirous of developing the Property for residential purposes and wants
to assure the City of Aventura that the integrity of the large scale development will be built in
accordance with the proffered plans, and
WHEREAS, Owner may wish to convey portions of the Property from time to time, or may
wish to develop the same in phases or stages, or may wish to offer the units as condominiums and
is executing this instrument to assure the City that the development will not violate the Code of
Aventura when it is so developed, and
WHEREAS, Owner intends to develop some or all of the buildings on the Property for sale
to multiple owners or in a condominium or association format of ownership and/or in two or more ~'
phases,
NOW THEREFORE, in consideration of the premises, Owner hereby freely, voluntarily and
without duress agrees as follows:
This agreement on the part of the Owner shall constitute a covenant running with the land
and will be recorded, at Owner's expense, in the public records of Miami-Dade County,
Florida, and shall remain in full force and effect and be binding upon the heirs, successors
and assigns of the respective parties hereto, until such time as the same is released in
writing as hereinafter provided.
The Property will be developed in accordance with the site plan entitled, "Aventura
Landings", prepared by Mouriz/Salazar Architects dated last revised on June 13, 2003, as
supplemented by sheets SP-1 and SP-1A signed and sealed on August 21, 2003 (the "Site
Plan"). No modification shall be effectuated without the written consent of the then
owner(s) of the phase or portion of the property for which modification is sought, and the
City Manager. The City Manager's approval determination shall be made PUrsuant to
section 31-79(j) of the City's Land Development Regulations. Should the City Manager
withhold such approval, the then owner(s) of the phase or portion of the Property for which
modification is sought shall be permitted to seek such modification by application to modify
the plan or covenant at public hearing before the City Commission.
If the subject property will be developed in phases, that each phase will be developed in
accordance with the approved plan, except as otherwise modified pursuant to section 31-
78(k)(3)b.2 of the City's Land Development Regulations.
In the event of multiple ownerships subsequent to site plan approval, that each of the
subsequent owners shall be bound by the terms, provisions and conditions of this
Declaration of Restrictions in Lieu of Unity of Title. The Owner agrees that he or she will
not convey portions of the Property to such other parties unless and until the Owner and
such other party (parties) shall have executed and mutually delivered, in recordable form,
an instrument to be known as an "easement and operating agreement" which shall contain,
among other things:
a. Easements in the common area of each parcel for ingress to and egress from the other
parcels;
b. Easements in the common area of each parcel for the passage and parking of vehicles;
c. Easements in the common area of each parcel for the passage and accommodation of
pedestrians;
d. Easements for access roads across the common area of each parcel to public and
private roadways;
e. Easements for the installation, use, operation, maintenance, repair, replacement,
relocation and removal of utility facilities in appropriate areas in each such parcel;
f. Easements on each such parcel for construction of buildings and improvements in favor
of each such other parcel;
Easements upon each such parcel in favor of each adjoining parcel for the installation,
use, maintenance, repair, replacement and removal of common construction
improvements such as footings, supports and foundations;
h. Easements on each parcel for attachment of buildings;
Easements on each parcel for building overhangs and other overhangs and projections
encroaching upon such parcel from adjoining parcel such as, by way of example,
marquees, canopies, lights, lighting devices, awnings, wing walls and the like;
j. Appropriate reservation of rights to grant easements to utility companies;
k. Appropriate reservation of rights to road rights-of-way and curb cuts;
I. Easements in favor of each such parcel for pedestrian and vehicular traffic over
dedicated private ring roads and access roads; and
Appropriate agreements between the owners of the several parcels as to the obligation
to maintain and repair all private roadways, parking facilities, common areas and
common facilities and the like.
These provisions or portions thereof may be waived by the City Manager if they are not
applicable to the subject property. The provisions of the easement and operating
agreement shall not be amended without prior written approval of the Office of the City
Attorney. In addition, such easement and operating agreement shall contain such other
provisions with respect to the operation, maintenance and development of the Property as
to which the parties thereto may agree or the City Manager may require, all to the end that
although the Property may have several owners, it will be constructed, conveyed,
maintained and operated in accordance with the approved site plan and in a coordinated
and unified manner.
This Declaration shall be in effect for a period of 30 years from the date the documents are
recorded in the public records of Miami-Dade County, Florida, after which time they shall
be extended automatically for successive periods of ten years unless released in writing by
the owners and the City Manager, acting for and on behalf of the City of Aventura, Florida,
upon the demonstration and affirmative finding that the same is no longer necessary to
preserve and protect the Property for the purposes herein intended.
Enforcement of the declaration shall be by action at law or in equity with costs and
reasonable attorney's fees to the prevailing party.
No combination shall be approved where approval would allow a violation of any other
provision of this chapter.
The maximum residential density on the Property shall not exceed 45 dwelling units per~,~
gross acre.
10.
11.
12.
13.
14.
15.
16.
17.
18.
As further part of this agreement, it is hereby understood and agreed that any official
inspector of the City of Aventura, or its agents duly authorized, may have the privilege at
any time during normal working hours of entering and investigating the use of the premises
to determine whether or not the requirements of the building and zoning regulations and
the conditions herein agreed to are being complied with.
The provisions of this instrument may be released, amended, or modified from time to time
by recorded instrument by the then Owner or Owners of all of the Property, with joinders
by all mortgagees, if any, provided that the same is also approved by the Mayor and City
Commissioners of the City of Aventura, affer public hearing.
Should this Declaration of Restrictions be so released, amended or modified, the Director of
the Community Development Department, or his or her successor, shall forthwith execute a
written instrument effectuating and acknowledging such modification, amendment or
release.
Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the
other provisions, which shall remain in full force and effect.
All rights, remedies and privileges granted herein shall be deemed to be cumulative and the
exercise of any one or more shall neither be deemed to constitute an election of remedies,
nor shall it preclude the party exercising the same from exercising such other additional
rights, remedies or privileges.
In the event of a violation of this Declaration, in addition to any other remedies available,
the City of Aventura, is hereby authorized to withhold any future permits, and refuse to
make any inspections or grant any approval, until such time as this Declaration is complied
with.
This Declaration shall be recorded in the public records of Miami-Dade County at the
Owner's expense.
The maximum height of structures within the Townhome Parcel (identified as Tract B in the
Site Plan) shall be 3 stories or 35 feet.
The maximum roof height of structures within the Condominium Parcel (identified as Tract
A in the Site Plan) shall be 18 stories or 186'- 6".
The maximum roof height of structures within the Lofts Parcel (identified as Tract C in the
Site Plan) shall be 13 stories or 206' - 10~. There shall be no expansion of the floor area
as shown on the Site Plan for individual residential units in the Lofts Parcel.
The garages provided in the Townhome Parcel shall not be converted into habitable space.
[[xecution pages follow]
/
Prin?Name; ,~.37. ~,,~,-,~ ~.
// .~ / ~/~/~/ Print Name:
PrintS: ,~ ~ Title:
WITNES.~cS: , / MERCO
"/ ' / LANE
By:
Prmt Name:
Print Name:
Title:
WITNESS :
/ , ,/'/
By:
Print Name:
Tide:
AVENTURA
AVENTURA
IRA
STATE OF FLORIDA,
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this ~ day of
. ,~ ~,/~-~ , 20 ~-, , by~/~/) /~ft~/~9 '~, , who isI~er~o'n- - ally known to
~e o~who has proc]~'~ed ~'- as ide-r~t-ification and who did take/did not take
an oath.
Sign ~
Print
NOTARY PUBLIC:
F~at(~ of Fl(~rida at Large (Seal)
My Commission Expires:
(Space reserved for Clerk)
|OINDER BY MORTGAGEE
INDIVIDUAL
The undersigned, RAUL CASARES, a Mortgagee under that certain mortgage filed the 12th
day of August, 1999, and recorded in Official Records Book 18745, Page 1950, securing the
original principal sum of $1,350,000.00; as modified in Official Records Book 19351, Page 3677,
all in the Public Records of Miami-Dade County, Florida, covering all/or a portion of the property
described in the foregoing agreement, does hereby acknowledge that the terms of this agreement
are and shall be binding upon the undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this ~'-~-
August, 2003.
day of
Witnesse~
Signature
Print N~rr~
(Space reserved for Clerk)
oou. oF
The foregoing instrument was acknowledged before me by
who isV/personally known to me or has produced
identification.
Witness my signature and official seal this /~,~d
in the County and State aforesaid.
Print Nar~ ' '
My Commi~on E~pire$ .'X~X
Legal Description
llle North 510.86 Feet, of the following described propertT.
A portion of the Southwest 1/4,, of Fractional Section J, Township 52
South, Range 42 East. Mil:mi-Oade County, F~orida. being mare
p~:rtlcuk:rly described as follows:
Begin at the Southwest corner of the Northwest 1/¢, of the Southeast
1/4,. of the Southwest 1/4,, of said Fractional Sect)on 3: thence
NBgdeg59min28secW, along the South mine of the Northeast 1/¢, of the
Southwest 1/4, of the Southwest 1/~, of so~d Section J, ~or 80.21
fee~; ~hence NOOdegOlm)n~6secE For 310.86 fee~ to a poin~ on o cu~e
(said point bears SOOdegOBminlSsecW ~om the radius pain( of
hex( described circular curve); thence Sou(haas(army, o(~g o circular
c~rve (o the left (concave to the Northeos(), having o Fodlus of ~94.~9
Cee~ and o con(rd ongme of OOdegO6minBOsec for on arc dls(~nce
1.31 fee~ ~o o point of tongenc~ thence SBgdeg58minlBsecE, among
line pard~ with and 20.gO feet South of os measured a~ right angle
to the North Jine o¢ the South t/2, of the Northwes( 1/~ o~ the
Southeast 1/4, o~ the Southwest 1/~, of said Section 5, for ~31.9~
feet; thence SOOdegOOmin¢5secW, among the Westerly Right--of-Way line
of N.E. 28~h Cou~ and its Sou[belly prolongaUon as recorded in
OFficial Records Book 6088, P~ge 150 o~ the Public Records o~
Mi~mi-Dade County, ~orfda, for 750.5] ~eet; [hence
NBgdegSgmJnZSsecW, ~long ~ line p~ral[el wi~h and 4~9.91 fee( South
o~, as measured a~ right angles [o the North line o~ ~e Southwes~
1/¢, of the Southwest 1/4, of ~he Southwest 1/¢, of said SecUon
for 346.87 fee{; thence NOOdegSBmin52secW, dong the East Hne o~ the
Southwest l/&, of the Southwest 1/¢, o~ said Section 3. for
feet to the POINT OF BEGINNING, I~ng and being [n ~[ami-Oode
County, florida.
TRACT "B":
the South 4,4.9.91 feet, of the following described proper[y:
A portion of the Southwest 1/¢ of FrocUond Section 3, Township 52
South, Range 4.2 East, Miami-Bode County, Florida, being more
particularly described as follows:
Begin ct the Southwest comer of the Northwest I/4, of the Southeast
1/4. of the Southwest 1/4. of said Fractional Section 3; thence
N89degSgmin?§secW, dong the South line of the Northet:s[ 1/4, of the
Southwest I/¢ a~ ~e Southwest 1/~, of said Section 3, for 80.21
feet; thence NOOdegOlmin~BsecE for 310.86 feet to a point on a
curve (said point bears SOOdegOBminlBsecW ~om the Fod~s point of
the nex~ described circular cu~e); thence Southeasted7, dong a
ckcumor cu~e to ~e me~ (concave ~o the No. east), having a
radius of 694.6g feet and a central angle of OOdegOYminBOsec for an
afc distance of 1.31 ~eet to ~ point of tang~c~ thence
SBgdeg58minlBsecE, dong o line poramlel with and 2Q.O0 fee[ South
of os measured at right angles to, the Nor~ line o~ the South 1/2
of the No~hwest 1/~ o~ ~e Southeast 1/4 o~ the Southw~t 1/4 o~
said Section 3, for ~31.9~ feet; thence SOOdegOOmin45secW, dong
the Wested7 Rfgh[-o~-W~7 ~[ne of N.E. 28th Cou~ and its Sou{hedy
promong~Uon os r~corded in (or,clam Records Book ~08~, Page 16Q
of the Public Records of Miami-Dodo County, Rorido, for 750.52
feeb thence NBgdegBgm[n25secW, along o mine porol[~ wi~ and
4~9.9) ~eet South of, as measured at r~gh{ ongJes [o the No~h llne
of the Southwest 1/~ o~ the Southwes~ i/4 o~ ~e Southwest 1/~ o~
said SecUon 5, for 346.87 ~ee[; thence NOOdeg{6m(n52secW, dong
the East line of the Southwest 1/4 of ~he Southwest 1/4, of said
Section 3, faf ~9.95 ~eet to the POINT OF BEGINNING, m~ng and
being in ~iomi-Dade County, Rorida.
EXHIBIT'A'
T3ACT "C":
A portion of the East 1/2 of the Southwest I/¢ of the Southeast 1/4
Range ¢2 East Miami-Dodo County, F~or~da, being more p~icul~rty
described ds follows:
Commence a[ ~he No~hwest corner of ~e East 1/2 of ~he Southwest
1/~ of (he Southeast 1/4 o~ the Sou(hwest l/~ of sa~d Froc~[onei
Section 5; thence. ~n 589degSgmin25s~ along ~e North bound~rF,
~he E~s[ 1/2 of the Southwest 1/4 o~ the Sou[he¢s[
Southwest 1/4 of said FrocUonol Section ~, o distance o~. ~0.~7
fee( (o the point oF in~ersec[bn wi~ Eos~ Right-of-Way boundary
o~ No~he~s~ 28[h Cour~ os described in that certain Right-of-Way
Deed [o Dodo County. ~led on September 10, t968, ~n O~fici¢l
Records 8oak 5088, P~ge 160 of ~he Pubtic ~ecords o~ ~iomi-Oade
County, ~or~do, being the POINT OF 8EGNNING of the parcel o~ l~nd
hero,nor[er [o be described; thence ~n SOOdegOOmin&SsecW ~long the
ofores¢~d described Hne, o distance of 361.28 fee~ [o the point
[n[ersecUon with ~ line tho[ is 500.00 fee[ North o~ and por¢llel
~o the South boundary of the Eost 1/2 of the Southwest 1/~ of the
Sou~heos[ 1/~ of (he Sou[hwes~ 1~ o~ said Fr~cUonal Section
~h~ce ~n NBgdeg57minS~secE ~iong the last described Hne,
dis[once o~ 20b.28 fee( [o a poinL s~id point being 4B.75 feet
Wes[ of the East boundo~ of the Sou[hwes~ 1/4 of the Southeast
of the Southwest 1/4 of s~id Fractional 5; thence ~n
NOOdegOOmin¢SsecE clang ~ line [hot is 200.28 ~ee[ East Of and
p~rollel ~o the soid Ecs[ boundary of No.beast 28~h Cou~, o
distance of 58~.~8 ~ee~ [o ~he point oF ~n[ersection with the North
boundary oF the Southwest ~/~ of the Southeast 1/4 o~ the Southwest
1/4 of so~d Fr~c~ionol Section 5; thence ~n NBgdegSgm~n25secW
¢long the ~os[ described line, a dis[once oF 200.28 ~ee[
POINT OF BEGINNING. ....
ROAD TRACT:
l"not portion of a 70.CO fee[ wide Right-of-Wuy for N.~. 28th Court as
described in Official Records Book 5068, at Page 150 of the Public Records
Miorni--Oode County, Florida, lying South o~ the North line of the East 1/2. of
the Southwest 1/4, of the Southeast 1/~, o~ ~he Southwest 1/4, oF Section
Township 52 South. Range ~ East, City o~ Aven[urQ. Miomi--O~de County,
F)brido.
ALSO KNO~
A portion of the ~ost 1/2. of the Southwest 1/~, of the Southeast I/~, o¢ ~he
Southwest 1/~ of Fractional Section 5. Township 52 Sou~. Range ~2
Mi~mi-Oode County, Florida, being more po~icuiod7 described os follows:
Commence at ~he Northwest corner of ~he lost 1/~. of the Southwest 1/4. of
the Southeast 1/~. of the Southwest l/~, of said Section 5; thence
SSgdeg59min25sec[, ~long the North Line of the East 1/2, of the Southwes~
l/~, of ~he Southeast I/4. of the Southwest 1/~. of said Section 3. for
distance of 20.17 reel to its intersect(on with ~he West Right-of-Way Line of
Northeast 25~h Court. os described tn that certQin Right-of--Way Deed [o
Miami-Dodo County, ~led on September loth, 1968, tn Official Records
5088, Page 160 o~ the ~ublic Records of Miomi-Oode County, ~oridm said point
oleo being the POINT OF ~EGINNING oF the hereinafter described Parcel o~ Land;
thence continue S89deg59mim25secE. otong the lost descried line, ~ distance
of 70.00 feet [o tis {ntersect{on with East Right-of-Way Line of said Northeast
28~h Court; thence SOOdegOlmin~SsecW, otong s~id Eost Right-of-way Line of
Northeost 28[h Court, for ~9.95 ~eet; thence N69deq59min25secW ~or 70.00
LESS:
A portion of the East 1/2, of the Southwest 1/¢, of the Southeast ?/¢, of the
Southwest l/q- of F'roction<~l Section 3, Township 82 South, Rqnge ¢2 East,
Miami--O~de County, Florfdc, being more particularly described as fallows:
Commence at the Northwest corner of the E~st 1/2, of ~he Southwest 1/~, of
the Southeos~ 1/~, o¢ ~he Southwest 1/4. of s~id Section 5; thence
S89deg59min25secE, ~long the No~h Line of the E~st 1/2, 0¢ (he Southwest
1/¢, of the Southeast ~/¢, of the Sou(hwes( ~/~, of sQid Section 5, ~or ~
distance o~ 90.17 feet to its intersection with the E~st Right-of%W~y Line of
Northeast 28th Court, as described in that certain R[ght-o¢-Wey Deed to
'Miemi--O~de County, filed on September loth, 1988, in Official Records 8oak
6088, Page 180 ef (he Public Records of MiQmi--OQde County, Florida; (hence
SOOdegOlmin~SsecW, ~long (he r~st described line for 38L3~ feet to the POINT
OF BEGINNING of the hereinafter described P~rcel of L~nd; ~Hence
SOOdegOlmin¢SsecW for 88.62 feet; thence N89deg59minZSsecW for 35.00 fee(;
thence NOOdegOlmJn~SsecE for 88.80 feet; [hence N89deg57minS&secE for 55.00
feet to the POINT OF BEGINNING.
Containing 28.595.07 Squere Feet Qnd/er 0.85 Acres more or less·