2008-04
ORDINANCE NO. 2008-04
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
APPROVING AGREEMENT BETWEEN THE CITY OF
A VENTURA AND ROY R. LUSTIG, TRUSTEE FOR
EXCHANGE OF REAL PROPERTY; PROVIDING FOR THE
SALE AND EXCHANGE OF CITY REAL PROPERTY;
PROVIDING FOR IMPLEMENTATION OF TRANSACTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to sell and convey a parcel of City owned land
(the "City Parcel") which has been found to be surplus and not needed for City purposes, subject to
a reservation of a portion of the City Parcel for right-of-way purposes and conditioned upon: (1)
the City's receipt of additional land (the "Lustig Parcel") which the City intends to use for roadway
purposes, and (2) the construction of road improvements, as part of the consideration for the sale of
the City Parcel, all as described in the Agreement between the City of A ventura and Roy R. Lustig
,Trustee for Exchange of Real Property (the "Agreement"); and
WHEREAS, the City Commission finds that the approval of the Agreement is in the bests
interest of the City and will further the advancement and implementation of the capital
improvement program of the City by enhancement of the provision of road improvements.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted and
confirmed.
Section 2. Ae:reement Approved: Transaction Authorized.
A. That pursuant to City Charter Section 4.03(7), the Agreement is hereby
approved, the sale and conveyance of the City Parcel is hereby authorized, and
the acceptance of the Lustig Parcel is hereby authorized.
Ordinance No. 2008-04
Page 2
B. That the City Manager is authorized to execute the Agreement, in substantially
the form which is attached hereto, the City's instrument of conveyance, the
closing papers, and all other necessary documents, once approved by the City
Attorney as to form and legal sufficiency.
C. That the City Manager and City Attorney are hereby authorized to take any
action which is necessary to consummate the closing of the transaction and to
enforce the Agreement and all agreements related thereto.
Section 3.
Effective Date.
That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Weinberg, who moved its adoption
on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the
vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stem yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Bob Diamond yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption on
second reading. This motion was seconded by Commissioner Weinberg, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stem yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Bob Diamond yes
Mayor Susan Gottlieb yes
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Ordinance No. 2008- oLJ
Page 3
PASSED AND ADOPTED on first reading this 8th day of January, 2008.
PASSED AND ADOPTED on second reading this 5th day of February, 2008.
pproved as to Form and Legal Sufficiency:
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City Attorney
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AGREEMENT
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BETWEEN THE
CITY OF AVENTURA
AND
ROY R. LUSTIG TRUSTEE, OF THE
FOR EXCHANGE OF REAL PROPERTY
This Agreement (the "Agreement"), made and entered into the day of ,2008,
by and between the City of Aventura (the "City"), a Florida municipal corporation, having an address at
19200 West Country Club Drive, Aventura, Florida 33180, and ROY R. LUSTIG, TRUSTEE OF
("Lustig"), having an address at , for
the purpose of exchanging certain real property.
WITNESSETH:
WHEREAS, Lustig is the owner of a certain parcel of real property located in the City of A ventura,
County of Miami- Dade, Florida, comprised of and referred to as the "Lustig Parcel", as more particularly
collectively described on Exhibit "A" attached hereto.
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WHEREAS, the City is the owner ofa certain parcel of real property located in the City of A ventura,
County of Miami- Dade, Florida, comprised of and referred to as the "City Parcel", as more particularly
collectively described on Exhibit "B" attached hereto.
WHEREAS, subject to the terms and conditions ofthis Agreement, Lustig and the City have agreed to
exchange the Lustig Parcel for the City Parcel.
WHEREAS, the City intends to use the Lustig Parcel for roadway purposes.
NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the
parties, Lustig and the City agree as follows:
1. Recitals. The parties acknowledge that the foregoing recitals are true and correct and
hereby incorporated into this Agreement as if fully set forth herein.
2. General Intent. It is the intent of the parties that Lustig will convey the Lustig Parcel to the
City, and the City will convey the City Parcel to Lustig. Subject to the terms and conditions set forth herein,
Lustig agrees to convey the Lustig Parcel to the City and the City agrees to convey the City Parcel to Lustig.
The Parcels shall be conveyed to the respective parties on an "as-is" "where-is" basis with each party being
responsible for all closing costs associated with the. Parcel it is receiving including, but not limited to, due
diligence inspections, title insurance, survey, transfer taxes, if any, and attorney's fees and costs.
3. Due DiJie:ence; Title; and Survey.
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(a) Within five (5) business days of the Effective Date, Lustig and the City shall deliver to
each other all material documentation in that party's possession or control relating to the respective Parcels
including, but not limited to the following: (i) any existing owner's title insurance policy or other title
information; (ii) any existing survey; and (iii) any existing reports, written material and relevant information
relating to the physical condition of the Parcel (e.g. soil borings report and environmental investigation report).
(b) For a period of forty five (45) days following the Effective Date (the "Due Diligence
Period") the parties shall have the right to make whatever reasonable inspections and investigations of the
Parcel they are receiving as that party may deem appropriate and at that party's sole cost and expense,
including, without limitation, the following: (i) physical inspection of the Parcel, (ii) soil investigation, (iii)
environmental assessment, and (iv) engineering, utilities and site studies.
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(c) For the purpose of conducting its inspections, each party agrees to provide the other
party and its agents and independent contractors reasonable access to the Parcel during the Due Diligence
Period. In exercising the privileges granted pursuant to this Agreement, each party shall immediately restore
the Parcel to the condition existing prior to its activities on the Parcel. In consideration ofthe right to inspect
the Parcel, each party agrees, to the extent permitted by law, to indemnify, defend and hold the other party
harmless from any actions, suits, liens, claims, damages, expenses, losses and liability for damage of any kind
arising from or attributable to any acts performed by the inspecting party or its agents or independent
contractors in exercising its rights hereunder. This agreement to indemnify shall survive closing or the
expiration or earlier termination of this Agreement and, in the case of the City, shall be subject to the
provisions and monetary limitations of Section 768.28, Florida Statutes. With respect to the parties, their
agents and/or their independent contractors performing inspection activities hereunder, each party shall be
required to maintain comprehensive general liability ( occurrence) insurance in an amount of not less than One
Million and 00/100 Dollars ($1,000,000.00) covering any personal injury, death and/or property damage
arising out of, related to and/or in connection with the presence and activities of the parties, their agents and/or
their independent contractors on or relating to the parcels and listing the owner of the parcel as an additional
insured under such policy and shall deliver a certificate of insurance verifying such coverage to the owner of
the parcel prior to, and as a condition of, entry upon the parcel. .
(d) During the Due Diligence Period, each party shall have the right, but not the
obligation, to obtain a commitment for a policy of owner's title insurance (the "Title Commitment") which
shall insure that party's title to the parcel it will be receiving, which Title Commitment shall be written by or
for a title insurer licensed to do business in the State of Florida ("Title Company") and shall bind the Title
Company to deliver a policy of owner's title insurance in an amount to be determined by the party receiving the
parcel ("Title Policy"). Additionally, during the Due Diligence Period, each party shall have the right, but not
the obligation, to obtain a survey ("Survey") of the parcel it will be receiving, which Survey shall be prepared
by a surveyor licensed by the State of Florida. Neither party shall have any obligation to expend any funds,
take any action, or incur any liabilities in order to cause any title or survey matters to be cured or removed from
the Title Commitment or Survey, except as set forth in the following sentence. Each party shall (i) satisfy, pay
or discharge any lien, mortgage or judgment affecting the Parcel it is conveying, and (ii) provide all documents
and take all action required by the Title Commitment for the parcel it is conveying to the extent that such party
is the appropriate party to do so, subject to the obligations set forth in (i) above. The cost and expense ofthe
Title Commitment (including any search, exam and update fees), Title Policy, and Survey for the City Parcel
shall be paid by Lustig, and the cost and expense of the Title Commitment (including any search, exam and
update fees), Title Policy, and Survey for the Lustig Parcel shall be paid by the City.
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(e) If either party is dissatisfied, for any reason and in that party's sole judgment, with the
result of its investigations, then such party may cancel this Agreement by notifying the other party in writing
(the "Cancellation Notice") of such cancellation prior to expiration of the Due Diligence Period. Upon receipt
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of the Cancellation Notice, this Agreement shall be immediately terminated, and the City and Lustig shall be
released and discharged from all further obligations under this Agreement except any rights and obligations
that expressly survive termination, and neither City nor Lustig shall be subject to any claim by the other for
damages of any kind except for any applicable indemnity as provided in this Section 3( c) of this Agreement. If
no Cancellation Notice has been delivered by either party to the other party prior to expiration of the Due
Diligence Period, then (i) both parties shall be deemed to have waived its right to cancel this Agreement under
this Section 3, and (ii) the parties shall proceed to close on the exchange of the Parcels as set forth in Section 4
below.
(f) Each party may continue to operate its parcel in the ordinary course of business from
the Effective Date of this Agreement until closing or earlier termination of this Agreement.
4. Closine: of Exchane:e. Provided that neither party has provided a Cancellation Notice to the
other party prior to the expiration of the Due Diligence Period as set forth in Section 3(e) above:
(a) The consummation and conveyance of the exchange of Parcels (the "Closing") shall
take place at City Hall of the City of A ventura, Florida, having an address at 19200 West Country Club Drive,
A ventura, Florida 33180, on the date which is ten (10) business days after the satisfaction or fulfillment of the
Closing Contingencies (as hereinafter described), but in no event later than thirty (30) days after the end of the
Due Diligence Period (the "Closing Date"). If the parties desire to change the Closing Date, the Closing Date
may be changed by the City Manager on behalf of the City, without the necessity of obtaining approval of the
change by the City Commission. The Closing may occur through an escrow.
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(b) All costs and expenses to be paid by the City and Lustig in accordance with the
provisions of this Agreement shall be paid and all documents, necessary for the consummation of this
transaction shall be executed and delivered on or prior to the Closing Date, and the parties shall deliver
possession of the parcels to one another on the Closing Date, subject to satisfaction of the contingencies set
forth in this Agreement.
(c) Lustig shall execute and deliver a Special Warranty Deed (the "Lustig Parcel Deed")
in form and substance attached hereto as Exhibit C transferring to the City marketable fee simple title to the
Lustig Parcel, together with the following:
(i) a no lien affidavit in form and substance attached hereto as Exhibit D;
(ii) all documents required by Schedule B-1 of the Title Commitment issued for
the Lustig Parcel to the extent such documents are not otherwise required to be delivered by the other party
hereto, if any;
(iii) if applicable, any satisfactions, releases, terminations and other documentation
with respect to any mortgages, liens or judgments affecting the Lustig Parcel; and
(iv) if applicable, proof of compliance with Section 196.295, Florida Statutes.
(d) Lustig shall also deliver to the City the purchase price for the City Parcel of ONE
MILLION FIVE HUNDRED THOUSAND AND Noll 00 Dollars ($1,500,000.00) (herein referred to as the
"Purchase Price"). The entire Purchase Price, subject to adjustments and prorations a~ herein provided, shall
be due and payable by cashier's check or in immediately available funds, by wire transfer, at Closing.
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(e) The City shall execute and deliver to Lustig a Special Warranty Deed (the "City Parcel
Deed") in form and substance attached hereto as Exhibit C transferring marketable fee simple title to the City
Parcel, together with the following:
(i) a no lien affidavit in form and substance attached hereto as Exhibit D;
(ii) all documents required by Schedule B-1 of the Title Commitment issued for
the City Parcel to the extent such documents are not otherwise required to be delivered by the other party
hereto, if any; and
(iii) if applicable, any satisfactions, releases, terminations and other documentation
with respect to any mortgages, liens or judgments affecting the City Parcel.
The City, as a municipal corporation, is exempt from the payment of ad valorem real property taxes and
therefore, the City represents and warrants that there are no such taxes due and owing on the City Parcel up
until the Closing Date.
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5. ClosiDl! Contine:encies. Lustig's obligation to tender the Lustig Parcel Deed to the City in
accordance with the terms of this Agreement is conditioned upon the delivery by the City to Lustig of the City
Parcel Deed and all documents required by Section 4( e) above; and City's obligation to tender the City Parcel
Deed in accordance with the terms of this Agreement is conditioned upon the delivery by Lustig to the City of
the Lustig Parcel Deed and all documents required by Section 4( c) above to the City, all in accordance with the
terms of this Agreement. Furthermore, these obligations to tender the respective parcel deeds are contingent
upon the title company issuing a Title policy pursuant to the commitments obtained by each party, and upon
the commencement of no condemnation actions with respect to either parcel. The failure of either the City or
Lustig to fulfill the applicable conditions set forth above shall entitle the non-defaulting party to terminate or,
instead ofterminating this Agreement, the non-defaulting party may pursue a suit for specific performance.
6. ObJie:ation to Construct Road. Lustig hereby agrees, at its sole cost and expense, to begin
construction of a new extension ofNE 213th Street as depicted on the attached Exhibit "E" (the "Roadway")
within the earlier of: (i) three (3) years of the Effective Date; or (ii) the issuance of a building permit covering
the City Parcel or any property adjoining the Lustig Parcel ("Road Construction Deadline").
(a) Failure to Obtain Buildine: Permit. If Lustig fails to begin construction of the
Roadway within the earlier of the issuance of a building permit or three (3) years of the Effective Date and to
diligently complete the Roadway to City's satisfaction, Lustig will be required to pay to City the sum ofF our
Hundred Thousand and No/IOO Dollars ($400,000.00) within ten (10) business days after the Road
Construction Deadline in clear and available funds.
(B) Documentation of Ae:reement. At Closing, Lustig will execute an Agreement to
Construct in substantially the form attached as Exhibit "F", confIrming Lustig's covenant to construct the
roadway, which document will be recorded at the time of Closing.
7. Recordine: Costs. The cost of recording the Lustig Parcel Deed including any documentary
stamp and/or other transfer taxes and the Agreement to Construct shall be paid by the City. The cost of
recording the City Parcel Deed including any documentary stamp and/or other transfer taxes shall be paid by
Lustig.
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8. AS-IS EXCHANGE. NOTWITHSTANDING ANYTHING THAT MAYBE CONTAINED
HEREIN TO THE CONTRARY, (A) CITY, WITH RESPECT TO LUSTIG PARCEL, AND LUSTIG, WITH
RESPECT TO CITY PARCEL, SHALL ACQUIRE SUCH PARCELS IN THEIR "AS IS" AND "WHERE
IS" CONDITION; AND (B) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND IN
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THE LUSTIG PARCEL DEED, THE CITY PARCEL DEED AND CORRESPONDING AFFIDAVITS,
NEITHER THE CITY NOR LUSTIG HAS MADE ANY WARRANTY OR REPRESENTATION, EITHER
EXPRESSED OR IMPLJED, WITH RESPECT TO ANY OF THE REAL PROPERTY CONVEYED
PURSUANT TO THE CITY PARCEL DEED OR THE LUSTIG PARCEL DEED, RESPECTWEL Y.
9. Notices. All notices, requests, consents and other communications required or permitted
under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand
delivered by messenger or courier service, sent by facsimile, or mailed (airmail if international) by registered or
certified mail (postage prepaid), return receipt requested, addressed to:
To the City:
Eric M. Soroka, City Manager
City of A ventura
19200 West Country Club Drive
Aventura, Florida 33180
Fax No.: 305-466-8919
Phone No.: 305-466-8910
with a copy to:
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John 1. Kendrick III, Esq.
Weiss Serota Helfman
Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Miami, Florida 33134
Fax No.: (305) 854-2323
Phone No.: (305) 854-0800
To Lustig:
Roy R. Lustig, Trustee
Phone No.:
Fax No.:
with a copy to:
Stanley Price, Esq.
Bilzin, Sumberg, Baena, Price & Axelrod, LLP
200 South Biscayne Blvd., Suite 2500
Miami, Florida 33131
Phone No.: (305) 350-2374
Fax No.: (305) 351-2204
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or to such other address as any party may designate by notice complying with the terms of this paragraph.
Each such notice shall be deemed delivered (a) on the date delivered ifby personal delivery; (b) on the date of
transmission with confIrmation ifby facsimile; and (c) on the date upon which the return receipt is signed or
delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if
mailed.
10. Assie:nment. Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by any party.
11. Effective Date. The "Effective Date" of this Agreement shall be the last day upon which it
becomes fully executed by all parties hereto and the Agreement shall not become effective until fully executed
by all parties hereto.
12. No Third Party Beneficiaries. Neither the City nor Lustig intends to directly or substantially
benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to
this Agreement and that no third party shall be entitled to assert a claim against any of the parties based upon
this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations
in any third person or entity under this Agreement.
13. No Waiver. The parties agree that each requirement, duty, and obligation set forth herein is
substantial and important to the formation of this Agreement and, therefore, is a material term hereof. Any
party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or
modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a
waiver of any subsequent breach and shall not be construed to be a modification of the terms of this
Agreement.
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14. Com pliance with Laws. Each party shall comply with all applicable federal, state, and local
laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations
pursuant to this Agreement.
15. Nee:otiated Ae:reement. The parties acknowledge that they have sought and received
whatever competent advice and counsel as was necessary for them to form a full and complete understanding
of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The
language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of
judicial construction, be construed more severely against one of the parties than the other.
16. Governine: Law. This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement
and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the
jurisdiction of the State courts of the Eleventh Judicial Circuit of Miami-Dade County, Florida.
17. Waiver Of Jury Trial. BY ENTERING INTO THIS AGREEMENT, EACH PARTY
HEREBY EXPRESSLY W AWE ANY RIGHTS EITHER PARTY MAY HA VB TO A TRIAL BY JURY OF
ANY CIVil. LITIGATION RELATED TO, OR ARISING OUT OF THIS AGREEMENT.
18. Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with the same or similar
formality as this Agreement and executed by each party hereto.
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19. Entire A2reement. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings applicable to the matters contained herein and
the parties agree that there are no commitments, agreements or understandings concerning the subject matter of
this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is
further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall
be effective unless set forth in writing in accordance with Section 18 above.
20. Exhibits. The attached Exhibits "A" through "F" inclusive are incorporated into and made a
part of this Agreement.
21. Counterparts. This Agreement may be fully executed in counterparts by all parties, each of
which, bearing original signatures, shall have the force and effect of an original document.
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22. Default. In the event of any failure of compliance by any party hereto with respect to any of
its obligations as provided for herein such action shall constitute a default by such party under this Agreement.
Upon any such default, a non-defaulting party shall provide to the defaulting party notice of such default,
which notice (a "Default Notice") shall state in reasonable detail the actions non-defaulting must take to cure
the same. The defaulting party shall cure any such default within ten (10) business days following the date of
the Default Notice. If the nature of the defaulting party's obligations are such that more than ten (10) business
days is required to effect cure, and the non-defaulting party provides its prior written consent (which may be
withheld in its sole and absolute discretion) with a time period to cure, then the defaulting party shall not be in
default hereunder if the defaulting party commences cure within the applicable cure period and thereafter
diligently pursues cure to completion of performance with the time period prescribed by the non-defaulting
party. In the event the defaulting party fails to effect any required cure as provided for herein, the defaulting
party shall be deemed to be in uncured default hereunder, and the non-defaulting may immediately terminate
this Agreement upon notice to the defaulting party. In addition to the foregoing, in the event of an uncured
default the non-defaulting party shall be entitled to a suit for specific performance.
23. PoJice/Ree:ulatorv Powers. The City cannot and hereby specifically does not, waive or
relinquish any of its regulatory approval or enforcement rights and obligations as it may relate to regulations of
general applicability which may govern the Parcels, any improvements thereon, or any operations on the
parcels. Nothing in this Agreement shall be deemed to create an affirmative duty of the City to abrogate its
sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking
any other action in accordance with its zoning and land use codes, administrative cOdes, ordinances, rules and
regulations, federal laws and regulations, state laws and regulations, and grant agreements. In addition,
nothing herein shall be considered zoning by contract.
[REST OF PAGE LEFT INTENTIONALL Y BLANK]
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AGREEMENT BETWEEN THE CITY OF AVENTURA AND LUSTIG FOR THE PURPOSE OF
EXCHANGING CERTAIN REAL PROPERTY.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature: City of A ventura, a Florida municipal corporation through its City
Commission, signing by and through its City Manager, authorized to execute same by Commission action
adopting City Ordinance Number on the of , 2008; and
, as of Lustig.
ATTEST:
Teresa M. Soroka, City Clerk
Approved as to form and legality
for the use of and reliance by the
City of A ventura only:
By:
CITY OF A VENTURA, through its
City Commission
By:
Eric M. Soroka, City Manager
day of
,2008
, City Attorney
_ day of
WITNESSES:
,2008
Lustig:
Name:
Name: '.
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STA TE OF FLORIDA
)
SS:
)
COUNTY OF MIAMI-DADE
THIS IS TO CERTIFY, that on this
authorized to take acknowledgements ill
,as
produced a drivers license as identification.
day of
,2008
day of , 2008, before me, an officer duly
the State and County aforesaid, personally appeared
of Lustig, who (check one) [ ] is personally known to me or [ ]
NOTARY PUBLIC
Print Name:
My Commission Expires:
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EXHIBIT A
LUSTIG Parcel
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DESCRIPTION: RIGHT OF WAY DEDICATION
A PORTION OF LOT 1, BLOCK 3, SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
TOWN OF HALLANDALE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK "B", PAGE 13, OF THE PUBUC RECORDS OF MIAMI.DADE COUNTY, FLORIDA,
DESCRIBED-A'S"FOtl:OWS: u
COMMENCE AT THE INTERSECTION OF THE SOUTH BOUNDARY OF 5410 LOT 1, WITH
THE WEST RIGHT OF WAY OF ISISCAYNE BOULEVARD, SAID POINT BEING ON THE ARC
OF A CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS NORTH
ee"SO'22" WEST FROM THE LAST DESCRIBED POINT: THENCE NORTHEASTERLY,
ALONG SAID RIGHT OF WAY AND THE ARC OF SAID CURVE, HAVING A RADIUS OF
3784.83 FEET, A CENTRAL ANGLE OF 00"51'11., FOR AN ARC DISTANCE OF 58.35 FEET
TO THE POINT OF BEGINNING: THENCE NORTH 23"20'50" WEST, A DISTANCE OF 42.32
FEET: THENCE NORTH 81000'10" WEST, A DISTANCE OF 104.55 FEET TO THE EAST
UNE OF RESERVED AREA, HALLENDALE PARK, PLAT BOOK 12, PAGE 37, MIAMI DADE
COUNTY RECORDS; THENCE NORTH 01~9'48" WEST, ALONG SAID EAST UNE, A
DISTANCE OF 34.02 FEET: THENCE NORTH 80"50'15" EAST, A DISTANCE OF 158..59 FEET
TO SAID WEST RIGHT OF WAY OF BISCAYNE BOULEVARD, SAID POINT BEING ON THE
ARC OF A CURVE CONCAVE NORTHwESTERLY, WHOSE RADIUS POINT BEARS NORTH
69029'38" WEST FROM THE LAST DESCRIBED POINT: THENCE SOUTHWESTERLY,
ALONG SAID RIGHT OF WAY AND THE ARC OF SAID CURVE, HAVING A RADIUS OF
3714.83 FEET, A CENTRAL ANGLE OF 01048'05", FOR AN ARC DISTANCE OF 118.99 FEET
TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMa.oADE COUNTY, FlORIDA.
CONTAINING 8145 SQUARE FEET OR 0.210 ACRES MORE OR LEss.
THE BEARINGS REFERENCED ON THE ATTACH SKETCH ARE BASED ON AN ASSUMED
BEARING. THE SOUTH BOUNDARY OF SAID LOT 1 IS ASSUMED TO BEAR SOUTH
....0'44.. WEST.
THE ATTACHED SKETCH IS BASED ON A SURVEY PREPARED BY BLOOMSTER
PROFESSIONAL LAND SURVEYORS, 1Ne. DATED 03-1.... UNDER JOB NUMBER 2112,
AS PROVIDED BY CUENT.
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPT10N AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE! STAll! OF FlORIDA,
AS OUTUNED IN CHAPTER 11G17-1 (FLORIDA ADMINISTRATIVE CODE), AS A.DOPTED
BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF
. -PROFESSIONAL SURVEYORS AND' MAPPERS-IN SEPTEMBER,' 1981; AS' AMENDED; ..
PURSUANT TO CHAPTER 472.027 OF THE FlORIDA STATUTES, AND IS TRUE AND
COf'RECT TO THE BEST OF OUR KNOWLEDGI! AND BEUEF.
, CRAVEN THOMPSON & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 271
BRENT A SPENCER
PROFESSIONAL SURVEYOR AND 'MAPPER NO. 8388
STATE OF FlORIDA
Not valid without the signature and the or/glnll ~Iaed ...1 of a Florida IIcenMd ~yor
and mepper.
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CRAVEN -THOMPSON a ASSOCIATES, INC.
ENGINEERS · PLANNERS SURVEYORS
3563 N.W. 53RD STREET FORT LAUDERDALE. FlORIDA 33.309 (954) 739-6400
FAX: (954) 739-6409
FOR: CITY OF A VENTURA
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UPD....TES and/.,. REVISIONS OA1t
'-'
JOB NO.: 01-0103
DRAWN BY: BAS
SHEET 2 ~ 2 SHEETS
BY CK'O !123 1110 1IIldorIII". ...." CRAII(H-lHOllPSClM . ASSOCIAln, INC.. __....
_tol_ '" .._1_ DO I. tho ...r_'.... ...lIocted '*- port........ 10
_t.. rithla-oI-WOjl. ..t Melt ....... ,-..t....... ...........Ia _ ._
. _or ....It_ _ ....lIlor. IhIa tn_oft{ It nol Inl_.., t. "lIoco1 ., 101 forth
.. _. _Itors. Sucl\ In_I.... _ 100 obtain.., _ COIl"""'" .10, olll...
lIwaUth _roprloto nu. -'lIcolloll.
_ ~ Ih_ h..- _. not _tract.., ,.,. "",.-ol-woy _lor
_II 01 _do.
G: \2001 \0IOI0.J\OwG\SO-NE: 2'" ST OCqlCA n~-RCV1.0~
OiECKEl) BY: MRM F'.B.N/A PG. H/A [)~TEO: ()(5loe/07.
~
EXHIBIT B
City Parcel
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DESCRIPTION: CITY PARCEL
A PORTION OF LOT 1, BLOCK 3, SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
TOWN OF HALLANDALE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK "B", PAGE 13, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
AND-A-PGImON-GF-;-HE-RESERVEB-ME-A-OF-HAI;I;-ANDAIoE--PARK,ACeeRDING-T-O.
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 37, OF" THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH BOUNDARY OF SAID LOT 1, WITH
THE WEST RIGHT OF WAY OF BlSCAYNE BOULEVMDj
THENCE SOUTH "'50'44" WEST, ALONG THE SOUTH BOUNDARY OF SAID LOT 1 AND
THE SOUTH UNE OF SAID HALLANDALE PARK, A DISTANCE OF 158.02 FEET TO THE
EAST UN! EXTENDED SOUTH OF BLOCK 40 OF SAID HALLANDALE PARK; THENCE
NORTH OC,.01'20" WEST, ALONG THE SAID. EAST UNE EXTENDED, A DISTANCE OF 32.08
FEET; THENCE NORTH "'53'23" EAST, A DISTANCE OF 32.28 FEET; THENCE NOATH
00"49'03" WEST, A DISTANCE OF 103.44 FEET: THENCE SOUTH 7"08'30" EAST, A
DISTANCE OF 33.31 FEET: THENCE SOUTH 10000'10' EAST, A DISTANCE OF 104.5S
FEET~ THENCE SOUTH 23"20'50. EAST, A DISTANCE OF 42.32 FEET TO THE WEST RIGHT
OF WAY OF BISCAYNE BOUlEVARD, SAID POINT BEING ON THE ARC OF A CURVE
CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS NORTH 8r41'37" WEST
FROM THE LAST DESCRIBED POINT: THENCE SOUTHWESTERLY, ALONG SAID RIGHT
OF WAY AND THI ARC OF SAID CURVE, HAVING A RADIUS OF 8784.13 FEET, A
CENTRAL ANGLE OF 00"51'11", FOR AN ARC DISTANCE OF 58.35 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MWlI-DADI! COUNTY, FLORIDA;
CONTAINING 11SA4SQUARE FEET OR 0.380 ACRES MORE OR LESS.
THE BEARINGS REFERENCED ON THE ATTACH SKETCH ARE BASED ON AN ASSUMED
BEARING. THE SOUTH BOUNDARY OF SAID LOT 1 IS ASSUMED TO BEAR SOUTH
WSO'''''''.WEST.
'--'
THe ATTACHED SKETCH IS BASED ON A SURVEY PREPARED BY BLOOMSTER
PROF8SIIoNAL LAND 8URVEYOAS,INC. DATED 03-18-01, UNDER JOB NUMB!!" 2112,
AI PROVIDED IY aJENT. .
CI!RTlPlCATE:
WE HEREBY CEFtTlFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA,
.AI ()UTl"lNED IN (:tIAPTERI1G17~ (FLPRIDA _ ~MINJSt~ATIYI_CQDI!), _AS ADO.~..
BY THE DEPARTMENT OF BUSINESS AND PROFI!SSIONAL REGULATION, BOARD OF
PROfESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1911, AS AMENDED,
PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BEUEF.
CRAVEN THOMPSON .. ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 271
BRENT A SPENCER
. PROFESSIoNAL SURVEYOR AND MAPPER NO. 8388
STATE OF FLORIDA
Not vllld without the algMture Ind the original ralaed ...1 of a Florida Jlcenaed surveyor
and mapper.
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SHEET 1 OF 2 SHEETS
N:\ClerlcIIlIJ08S\2OO1\OHI103\LEGAL\S&D 213 aT CITY PARCEL-REV1.doc .
er..tlcl on eN2alT1 3:50:00 PM
DMDldmd
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. CRAVEN -THOMPSON & ASSOCIATES, INC.
~T ENGINEERS · PLANNERS · SURVEYORS
~ 3563 N.W. 53RD STREET FORT LAUDERDAlE, FlORIDA 33309 (954) 739-6400
,AX: (954) 739-6409 .
,OR', Cl TV OF AVEN ruRA !!Q!i: TIIS 1S.Itl!! A SICtTCM 01 SUR\ty. Iou' only ."""lc """,'Ion
.f \he dMctIpllon _ ....._. Th... ".. ~... n. nlld ~ ........ .1
,,,. -joe' -.-." ... -..... ..I In connection wll" I". _.....ien
of \he1n1._\!Ift ~."~ .
SKETCH TO ACCOMPANY DESCRIPTION
CITY PARCEL
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PC - PAGe
UOCR - MfAIII-DADC COUNTY
ReCORDS
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SOuTH LINE OF' . . SOUTH BOUNDAR:?1Lorr
HALLENDALC PARK, l!I'4' DRAlNA(;E cASnIENr
PB IZ PC .17, IoIDCR1tIla-::; l!!'~ (PCfi OTHE:R OOCUU;:;"T Of' BeGINNING .
Iu ~ It: IN TFRSECl10N $()(JTH 8OUNOAkY
~ J ~ Lor 1 AN() HUr RtGHr OF WA Y
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SHEET 2 OF 2 SHEETS
JOB NO.: 01-0103
OR AWN 'BY: BAS
BY CK'O ~ Th. ....clonItne4 en_ ClIAIIEN-lHONPSOH . ASSOOA TES, INC. "'.... no
,.,_1.11_ '" ""or...'_ 01 to !he Inf......ollon ,oftIC'''' ".._ p..I....... '0
_llI, ,.,.,I","-wor. HI bock ..... ,......llon.. ogr.......I. _ oltl..
""'lor _II... ~ _.., _ ....""....... II 110' 1111_ to ,.t1.~ CI ..I I_
II _ ",olt... Suc:Il Informollon Ihould be obi...... _ conflnned br 01"....
tilt..", opproptlo\e uUe _"""lion.
IIlnt . Lond. _ ".._ .... nol ....I'oolocl for ri9"1-ol-woy _lor
'_ta of _..' .
G: \2001 \01010J\0w6\SO-NE 213 5T OE:l;llCA nON-REVl.OWG
CHECKED BY: MRM F.B.M/A PC. M/A OAlEO: 06/06/07
UPDAlES and/or RE\1SIONS OATE
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EXHIBIT C
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FORM OF SPECIAL WARRANTY DEED
Prepared by and return to:
SPECIAL WARRANTY DEED
This Special Warranty Deed made this
day of
whose post
(the
whose post
(the "Grantee"):
, 2006 by
office address IS
"Grantor"), to
office address IS
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations)
~
Witnesseth: That Grantor, for and in consideration of the sum of $10.00 and other valuable
considerations, receipt and adequacy of which is hereby acknowledged, hereby grants, bargains, sells,
conveys and confIrms unto Grantee, all that certain land situate lying and being in the County of Miami_
Dade, State of Florida, and more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof (the
"Property").
Subject to:
(1) General and special taxes or assessments for the year 2008 and subsequent years;
(2) The Conditions, limitations, easements, restrictions, reservations, covenants and other
matters listed on Exhibit "B" attached hereto and made a part hereof; without reimposing
same and
(3) Applicable zoning ordinances, codes, rules and regulations.
Together, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
To Have and to Hold, the same in fee simple forever.
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And Grantor hereby covenants with Grantee that Grantor is lawfully seized ofthe Property in fee
simple; that Grantor has good right and lawful authority to sell and convey the Property, and Grantor hereby
warrants the title to the Property and will defend the same against the lawful claims of all persons claiming
by, through or under the Grantor.
~ IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year fIrst
above written.
WITNESSES:
GRANTOR:
By:
Name:
Signature of Witness
Title:
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA)
) SS:
COUNTY OF BROW ARD )
~
The foregoing Special Warranty Deed was acknowledged before me this _ day of
, 2006, by , as , a
, for and on behalf of said , who ( ) is
personally known to me, or ( ) produced drivers license as identification.
(Notary Seal)
Signature of Notary Public
Name of Notary Typed, Printed or Stamped
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2
EXHIBIT D
~
NO LIEN, POSSESSION AND GAP AFFIDAVIT
STATE OF
)
SS:
COUNTY OF
)
BEFORE ME, personally appeared the undersigned,
fIrst duly sworn upon oath, deposes and says:
, who being
1.
That
the
Affiant
is the
(the "Owner").
of
2. That the Owner is the owner of fee simple title to certain real property located in Miami _ Dade
County, Florida as more particularly described on Exhibit "A" attached hereto and made a part hereof by this
reference (the "Property").
3. That there have been no repairs, improvements or other work done to or labor, materials or
services bestowed upon the Property or any portion thereof for which any or all of the cost of the same remains
unpaid; and that no person, frrm or corporation is entitled to a Mechanic's Lien against the Property under
Chapter 7 1 3 of the Florida Statutes.
~
4. The Owner is in exclusive possession of the Property and no person, frrm, corporation or other
entity has any interest, claim of possession or contract right with respect to the Property which is not a matter of
record in the Public Records of Broward County, Florida. There are no facts known to Affiant which would
give rise to such a claim being asserted against the Property.
5. That there are no matters pending against the Owner that could give riseto a lien that would
attach to the Property before the date of recording of the Special Warranty Deed from the Owner to the
( the "Grantee), and that the Owner has not and will not execute any
instrument, other than instruments set forth in the title commitment, that would adversely affect the title to or
transfer of the Property from the Owner to Grantee.
Affiant recognizes that Grantee is materially relying on the veracity of the contents of this Affidavit and
that the Title Company and is relying upon the representations made in this Affidavit in order to issue a policy or
policies oftitle insurance in connection with the conveyance of the Property from the Owner to Grantee. ill this
regard, Affiant represents that the statements contained herein are true and correct in all respects.
FURTHER AFFIANT SA YETH NAUGHT.
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Sworn and subscribed to before me this _ day of , 2008, by
, who ( check one) [ ] is personally known to me or [ ] has produced a drivers
license as identification.
My Commission Expires:
Notary Public
Print Name:
2
EXHIBIT "E"
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ROADWAY
.....
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3
EXHIBIT "F"
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AGREEMENT TO CONSTRUCT
THIS INSTRUMENT PREPARED BY:
John 1. Kendrick III, Esq.
Weiss Serota Helfman Pastoriza
Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Miami, Florida 33134
Telephone: (305) 854-0800
AFTER RECORDING. RETURN TO:
Telephone:
Tax Folio Identification Number:
AGREEMENT TO CONSTRUCT
THIS AGREEMENT TO CONSTRUCT (this "Agreement") is made and executed this
'--' _ day of , 2008, by ROY R. LUSTIG, TRUSTEE OF
("Lustig"), whose mailing address is , and
CITY OF A VENTURA, a Florida municipal corporation ("City"), whose mailing address is
19200 West Country Club Drive, Aventura, Florida 33180.
RECITALS
On the date of this Agreement, Lustig has purchased from City the real property (the
"Property") located in Miami-Dade County, Florida, and more particularly described as:
See Exhibit "A" attached hereto and made a part hereof.
As part of the consideration for the City's sale of the Property to Lustig, Lustig has agreed
to commence construction of a roadway on the Property within three (3) years after the conveyance
of the Property to Lustig or such sooner date that a building permit is issued concerning
development of any portion of the City' Parcel or the Lustig's other properties( if this latter
phrase was in my note of City action- describe other Lustig lands if necessary) .
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4
AGREEMENT
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follows:
For Ten Dollars and other good and valuable consideration, Lustig and City agree as
1. Lustig covenants and agrees to begin construction of the Roadway on NE 213 th
Street, as more particularly described on the attached Exhibit "B" (the "Roadway"), on a date that
is the earlier of (i) the date on which Lustig or a successor entity applies for and obtains a building
permit for the development of the Property; or (ii) the date which is three (3) years after the date of
the conveyance of the Property to Lustig (the "Construction Deadline").
2. If Lustig fails to begin construction of the Roadway before the Construction
Deadline or if having began construction within said Construction Deadline shall fail to diligently
pursue to completion to City's satisfaction, Lustig agrees to promptly pay to the City the sum of
$400,000.00 (the "Roadway Damages") as liquidated damages for Lustig's failure to begin the
Roadway construction by the Construction Deadline and diligently complete the Roadway
Construction. If Lustig fails to pay City the Construction Damages within ten (10) business days
after the Construction Deadline, the Roadway Damages amount will accrue interest at the highest
rate allowed by law. Lustig acknowledges that if Lustig fails to begin the Roadway construction by
the Construction Deadline and diligently complete the Roadway Construction, the City will suffer
damages in an amount which cannot be ascertained with reasonable certainty on the date hereof, and
that the Roadway Damages amount to be paid to the City approximates the amount necessary to fully
compensate the City in the event of Lustig's failure to construct the Roadway. Lustig acknowledges
that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision.
'-" 3. Lustig's covenant to begin construction of the Roadway by the Construction
Deadline and to diligently complete the construction shall be binding on Lustig, its successors and
aSSIgns.
4. This Agreement shall be released by the City by recorded instrument upon the first
to occur of (i) commencement of construction of the Roadway by the Construction Deadline and
diligent completion thereof, or (ii) payment by Lustig of the Roadway Damages and all interest
accrued thereon.
5. Notwithstanding the foregoing, whenever a period of time is herein prescribed for
the taking of any action by a party, such party shall not be liable or responsible for, and there shall
be excluded from the computation of such period of time, any delays due to strikes, riots, acts of
God, shortages oflabor or materials, war, governmental delay, governmental laws, regulations or
restrictions, or any other cause whatsoever beyond the reasonable control of such party (other than
such party's financial inability to pay).
IN WITNESS WHEREOF, Lustig and City have executed this Agreement to
Construct on the date set forth above.
[SIGNATURE BLOCKS ON FOLLOWING PAGES]
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5
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\......
Witnesses:
Print name
Print name
ROY R. LUSTIG, TRUSTEE
By:
ACKNOWLEDGMENT
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2008, by Roy R. Lustig, as Trustee of , who ( check one) [ ] is
personally known to me or [ ] has produced a Florida driver's license as identification.
My commission expires:
[Print or type name]
(Notary Seal)
6
Witnesses:
CITY OF A VENTURA, a Florida municipal
corporation
'--'
Print name
By:
Eric M. Soroka, City Manager
Print name
Attest:
, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
FOR THE USE AND RELIANCE OF THE CITY ONLY:
Weiss Serota Helfman Pastoriza Cole &
Boniske, P.L., City Attorney
ACKNOWLEDGMENT
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
~ The foregoing instrument was acknowledged before me this _ day of
2008, by Eric M. Soroka, City Manager of the City of A ventura, a Florida municipal corporation,
on behalf of the corporation, who (check one) [ ] is personally known to me or [ ] has produced a
Florida driver's license as identification.
My commission expires:
[Print or type name]
(Notary Seal)
~
7
DESCRIPTION: RESERVED AREA TO BE ABANDONED
A PORTION OF THE RESERVED AREA lYING EAST OF AND ADJACENT TO lOT 10,
'"' BLOCK 40, HALLANDAlE PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED
....., IN PLAT BOOK 12, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
:-----.----~--~----.-Fl;eRIDA,-DEseRIBED-AS-FOI;I;()W.S:_____-----
BEGINNING AT THE SOUTHEAST CORNER OF SAID HALLANDALE PARK PLAT; THENCE
SOUTH "'50'44" WEST, AlONG THE SOUTH UNE OF SAID HALLENDAlE PARK, A
DISTANCE OF ".41 FeET TO THE SOUTH.F1l Y EXTENSION OF THE EAST LINE OF SAID
LOT 10, BLOCK 40; THENCE.NORTH 00"08'20" W.EST, ALONG SAID EXTENSION AND
THAN ALONG SAID EAST UNE OF LOT 10, A DISTANCE OF 142.08 FEET TO THE
NORTHEAST CORNEA OR SAID LOT 10; THENCE SOUTH 78008'30" EAST, A DISTANCE
OF 55.08 FEET TO THE EAST LINE OF SAID HALlANDAlE PARK PLAT: THENCE SOUTH
01011'48" EAST, ALONG SAID EAST UNE, A DISTANCE OF 128.58 FEET TO THE POINT
OF BEGINNING:
SAID lANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FlORIDA.
CONTAINING 8,790 SQUARE FEET OR 0.202 ACRES MORE OR LESS.
THE BEARINGS REFERENCED ON THE ATTACH SKETCH ARE BASED ON AN ASSUMED
BEAFlINQ. THE SOUTH BOUNDARY OF HAlLANDALE PARK, ACCORDING TO THE PlAT
THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE:n, OF THE PUBLIC RECORDS OF
MIAII1-DADE COUNT. IS ASSUMED TO BEAR SOUTH 89"50'44" WEST.
THE ATTACHED SKETCH IS BASED ON A SURVEY PREPARED BY BlOOMSTER
PROFESSIONAl LAND SURVEYORS, INC. DATED 03-18-98, UNDER JOB NUMBER 2112,
AS PROVlDI!D BY CLIENT.
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAl STANDARDS FOR !-AND SURVEYING IN THE STATE OF FLORIDA,
AS OUTLINED IN CHAPTER I1G17-1 cnORID~ .ADMINISTRATlVE CODE), AS ADOPTED
BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF
PROFESSIONAL SURVeYORS AND MAPPERS IN SEPTEMBER, 1n1, AS AMENDI!D,
PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF.
CRAVEN THOMPSON" ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER La 271
BRENT A SPENCER
PROFESSIONAL SURVEYOR AND MAPPER NO. 6388
STATE OF FLORIDA
Not valid without the slgMture and the original relaed ...1 of a florida licensed surveyor
and mapper,
I
SHEer 1 OF 2 SHEETS .
N:\CIertcallJOIl8\2OO1'lOHlf03\LEOAL\S&D 213 ST RESERVE AIIAND-REV1.doc
Crntad on 8N2O(1t 3:10:00 PII .
DMtlt'dmd .
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CRAVEN -THOMPSON & ASSOCIATES, INC.
ENGINEERS · PLANNERS · SURVEYORS
3563 N. W. 53RD STREET FORT LAUDERDALE. FLORIDA 33309 (954) 739-6400
rAx: (954) 739-6409
'r:_
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I
rOR: CITY OF A VEN1lJRA
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SOt/TH LINC or H~E PARK.'!1lS 81'$0'44" W ,.. "'_!
PLA T 8()()K 12, PACE Jl ~ ~ l- V
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. _n_-SKETCHTOA~O)~rP-A~Y DESCRIPTlONu ------
RESERVED AREA TO BE ABANDONED
o 20 40
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. U Th. undorlltn.. .... CllAIIOI-1liOMPSOti .. ASSOClAlD. INC. make no
BY CIC 0 r...._totlofto 01' ......._ eo I. tho ..'_01.... ,.Re.lod h_ port8lnln, to
_"'1.. rlt"lo-ol-woy, ..I _ !In... r_lIon.. ...,.._ta .... 011I..
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II well .....11.... Su"". ........01.... -.." b. oblolnod .." .on.......... .by olllon .
Ihr..", ~I. \1110 _lion.
IfQJt lond. _ h.--i ..... nol .b......I... lor rlgtll-of-woy ..,,/....
._..11 0' record.'
G: \2001 \OIOI03\OWG\SD-NE 213 sr DEDICA TJON-REVl.DWG
CHECKED BY: toARM r.B.N/A PG.N/A DATED: 06/06/07
UPOA TES onrJ/or REVISIONS DATE
~
JOB NO.: 01-0103
DRAWN BY: BAS
DESCRIPTION: 15' DRAINAGE EASEMENT
A PORTION OF LOT 1, BLOCK 3, SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
\-.,. TOWN OF HAlLANDALE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
T BOOK "a", PAGE 13, OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
1--~----------AND-A-POFrrION-OF-T-HE-RESERvel)-AREA-OF-HAbbANDAbE-PAAK,ACGORDING-TG .
II THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 37, OF'THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: .
8EGtNHlNG AT THE INTERSECTION OF THE SOUTH BOUNDARY OF SAID LOT 1,WITH
I THE WEST RIGHT OF WAY OF BISCAYNE 80ULEVARDj THENCE SOUTH 89.50'44"
WEST, ALONG THE SOUTH BOUNDARY OF SAID LOT 1 AND THE SOUTH uNE OF SAID
HALLENDALE PARK, A DISTANCE OF 151.02 FEET TO THE SOUTHERLY EXTENSION OF.
THE EAST UNE OF LOr 10, BLOCK 40 OF SAll) HALLENDALI! PARK; THENCE NORTH
00"01'20. WEST, ALONG THE SAID EXTENSION, A DISTANCE OF 15.00 FEET TO A POINT
ON A LINE 15.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH UNE SAID LOT 1;
THENCE NORTH ".$0'44. EAST ALONG SAID PARALLI!1. UN!!, A DISTANCE OF 182.44
FEET TO SAID WEST RIGHT OF WAY, SAID POINT BEING ON THE ARC OF A CURVE
CONCAVE. NORTHWESTERlY, WHose RADIUS POINT BEARS NORTH 67.05'12" WEST
FROM THE LAST DESCRIBED POINT: THENCE SOUTHWESTERLY, ALONG SAID RIGHT
OF WAY AND THE ARC OF SAlD CURVE, HAVING A RADIUS OF 3714.83 FEET, A
CENTRAL ANGLE OF 01"14'48", FOR AN ARC DISTANCE OF 11.32 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY.. FLORIDA.
CONTAINING 2381 SQUARE FEET OR 0.054 ACRES MORE OR LEss.
THE BEARINGS REFERENCED ON THE ATTACH SKETCH ARE BASED ON AN ASSUMED
BEARING. THE SOUTH BOUNDARY OF SAID LOT 1 IS. ASSUMED TO BEAR S.OUTH
81"50'44" WEST.
't'
I
THE ATTACHED SKETCH 18 BASED ON A SURVEY .PREPARED BY BLOOMSTER
PROFESSIONAL LAND 8URVEYDRS, tNe. DATED 03-1.'" UNDER JOB NUMBER 2112,
AS PROVIDED BY CUENT,
CERTlFlCAT!:
WE HEREBY CERTIFY THAT THIS DI!SCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA,
AS OUTLINED IN ctiAPTER 11017-1 (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED
8Y THE DEPARTMeNT OF BUSlNI!SS AND PROFESSIONAL REGULATION, BOARD OF
PROfESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED,
.uPURSUANl' .1:0. .CHAPTER 472.02'7 OF._THE FLORIDASTATUTES,.AHDJS .TRU!lt.At.lD..
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BEUE'.
CRAVEN THOMPSON. ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 271
BRENT A SPENCER
PROFESSIONAL SURVEYOR AND MAPPER NO. 6388
STATE OF FLORIDA
Not valid without the algNlture and the orIginal ralHCI ...1 of a Florida licensed .-rveyor
end mapper.
~
SHEET 1 OF 2 SHEETS
NnclerlaIIJ08S\2OO1\01-o103\LEGAL\SID 213 8T DRAIN ESMT.flaV1.doc
CrNted on 5N2fX17 1:10:00 PM
DMDldmcI
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(B CRAVEN -THOMPSON a ASSOCIATES, INC.
~,. ENGINEERS · PLANNERS 0 SURVEYORS
. ~ 3563 N.W. 53RD STREET FORT lAUDERDALE. FlORIDA 3-3309 (954) 739-6400
F' AX: (954) 739-6409
FOR'. CITY OF AVENlURA' !!OJI: lHIS IS .!!2! A SI<ETtH at SUIl\of:Y. but ...Iy 0 ,..oplolc depiction
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SKETCH TO ACCOMPANY DESCRIPTlON
. 1S' DRAINAGE EASEMENT
R-RADfUS .
D-oa TA ANGLE
A-ARC LENGTN
sa n:-SQVARE FFIT
P8 .. PI.A T 800K
PC - PACC
MDCR .. I/lAA1f-OA<< COUNTY
IfCCORDS
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SOUTH I1OIJN{)ARY LO'/)
POINT OF 8EGI~NING ---5 /
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LOT' AND /fEST RfGHT 01' WAY
8fSCA 't'NC sOut.CVARO
BY CK'O l!lllI '!he ulldnf9ned _ CRAYEN-llo1Ol1PSON . ASSOOA1U, INC. _ no
...-IoUan. '" guwont_ ... to Ill. ../annol.... ,docl... h.._ pettolnlnt to
_"'" ""'10-01-"1\ HI _ ...... ,.-lIOn.. ...._..ta ond 0"'''
_ mol'- _ ~, lhIo ....I"""...t II nol "1_ Ie _ or ..t IorlII
01 -. motl.... Such "'orrnoUan ohould ... 0111....... ond C"'_ "y 0"'_
IJwoutIt ~Io llUo ..n'oco,..... .
.IIB ~..._ _ ..... nol abstract... ror rivht-ol-_y ond/or
_taor__ .
G: \200f\OIOf03\DIW;\SD-NE: 213 ST DEDIC!- nON-REVf.o.WG
CHECKED BY: WRY F.B.NjA PC. M/A DATED: 06/06/07
UPOA TES QndjOK REVISIONS DA TE
JOB NO.: 01-0103
DRAWN BY: BAS
SHEET 2 OF 2 SHEETS