WHEREAS, RDP has

agreed

to

complete the improvements, originally part ofMBRI' s

scope, at its own expense and to compensate MBRI the

and costs incurred in the preparation of the

sum

15,000

of$

for

attorney' s fees

Agreement; and WHEREAS, in return, MBRI has agreed to reimburse RDP, in the
000,toward the costs incurred by RDP in connection with the improvements to
$
amount of 72,
the Easement Area; and

WHEREAS,

it is RDP' s

responsibility that its General Contractor

of the Easement
and laborers fully abide
the hours of operation, rules and regulations,
Area, including, but not limited to,
mitigation,security and lighting, maintenance and fencing, as described
and all

its

subcontractors

by the

conditions ofRDP' s use

in the Agreement; and WHEREAS, the Easement Area will

access and use during the above- described term and

pedestrian

accessway

once

will

be converted

remain

restricted

to

into

construction

public

the

improvements are completed; and WHEREAS, the prompt execution of

one hundred and twenty
to RDP, to save approximately

this Agreement will allow, according

120)
( days off

the developer'
s anticipated construction schedule; and
office

WHEREAS, the

Adminstration

and the City Attorney' s

have

reviewed the

attached License Agreement. NOW THEREFORE, BE IT DULY

RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH

REDEVELOPMENT AGENCY, that the Chairman and Members of the Miami Beach Redevelopment Agency herein

Secretary to execute a License Agreement by and amongst

the Redevelopment Agency, City of Miami Beach, MB Redevelopment, Inc and RDP Royal
Partnership, for the utilization of 16'"Street Public Pedestrian Easement Area
Palm Crowne Plaza Limited
for construction access to the Royal Palm Crowne Plaza Hotel site,for
authorize

the Chairman and the

a limited time period

during construction. PASSED AND

DAY

ADOPTED

12th

THIS
OF
APRIL,
2000.

ATTEST:r

PcucL-Chairman

Secretary

IRoyal Palm\ l6th

RDAReIo,
8t
doc APPROVED

AttachmentCH2\ SYS\ DDHP\$

ALLWexandR'

AS TO FORM &
LANGUAGE FOR
EXECUTlON

Uf1;j{~

JL RedMbpment
Agency

Miami Beach
CITY HALL

Redevelopment Agency

1700 CONVENTION CENTER DRIVE MIAMIBEACH,

miami- beach.
ci.
FLORIDA 33139 http:\\

us REDEVELOPMENT AGENCY
f1.

MEMORANDUM
NO. 00

2Y--

Chairman' and Members

ofthe

-'

2000 TO:
DATE:April 12,

ofthe Board

Redevelopment Agency
FROM:Lawrence
Miami Beach

Levy &It Executive Director ~SUBJECT:A RESOLUTION OF THE

A.

CHAIRMAN AND MEMBERS OF THE MIAMI

BEACH REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN AND

SECRETARY TO EXECUTE A LICENSE AGREEMENT WITH MB

REDEVELOPMENT, INC.AND RDPROYAL PALM HOTEL LIMITED P
FOR

ARTNERSIDP,

THE UTILIZATION OF THE 16TH STREET

PUBLIC PEDESTRIAN EASEMENT AREA FOR CONSTRUCTION ACCESS TO

SITE, FOR
HOTEL
ROYAL
PALM CROWNE PLAZA
THE
A

LIMITED

TIME PERIOD

DURING

CONSTRUCTION.

RECOMMENDATION
the Ground Lease

Agreement
Beach (" City"),
Miami
Beach
between
that
Agreement
("
an Easement
and MB Redevelopment, Inc. MBRI"),
provides the
was executed
general public with pedestrian beach access over an Easement Area located along the southerly boundary
of and within the Loews Hotel Property, immediately north of
Adopt the Resolution. BACKGROUND & ANALYSIS In

the

Miami

connection with

RDA"), the
Redevelopment Agency ("

City of

the City Commis ion directed the Administration

On January 26,
Hotel site.
to seek a renewal of the negotiations between thethe Loews and Royal Palm Crowne Plaza
Public Pedestrian Easement Area at 16th
Hotels to agree on a mutually acceptable use of

the

Royal

Palm

Street,for the

Royal Palm's construction access needs. It should be noted that

to produce an agreement,
utilize the Easement Area failed
City'
of-way
s rightwhich resulted in RDP' s alternative proposal to gain access to its site via the
proposal
to
this
at 15th Street.Subsequent to the public' s negative response
referenced January 26 Commission meeting, the Administration was directed to seek a
the
above
at
renewal
thenegotiations betwe n
of
earlier discussions between MBRI and RDP to

the

two

The Administration coordinated a series of meetings to renegotiate the conditions of an agreement

with the MBRI, the operator of the Loews Hotel, and the RDP Royal Palm Hotel Limited
Partnership (" RDP"), the developer of the Royal Crowne Plaza Hotel, to access the Royal Palm
construction site for construction material and
16th

As

equipment deliveries and unloading through the

expedite the Hotel's construction schedule.

Street Public Pedestrian Easement Area, to

negotiations, a License Agreement (the " Agreement"),

executed by the RDAlCity, as Owners, MBRI and RDP.

result of the

drafted

be

to

herein attached, has been

The

Agreement grants

license to RDP to utilize the Easement Area for construction related purposes for a period that
shall terminate on the earlier of (a) the issuance of a certificate of occupancy for the Royal Palm

31,2001, plus sixty days for completion of the improvements to

b) March
The improvements to the Easement Area are to consist of decorative
the Easement Area.
Unlike
the 15th Street
interlocking pavers, landscaping, irrigation, lighting, and other decomtive features.
access plan, the use of the Easement Area will have no impact on neighboring properties other than
the Loews Hotel. In order to minimize the impact to Loews,the proposed Agreement
contains certain
Hotel

or, (

mitigation provisions.

RDP

has

agreed

to

of MBRI' s scope, at
000
for
attorney' s fees
sum of$

complete the improvements, originally part

its own expense and to compensate MBRI the

and costs incurred in the preparation of the Agreement. In return,MBRI has agreed reimburse RDP,
in the amount of 72,000,toward the costs incurred by RDP in connection
15,

with
the improvements to

all

its

including, but

mitigation,

the

Easement Area. It is RDP's responsibil ty

subcontractors and laborers

not
security

fully abide

that its General Contractor

limited to,the

and

use of the Easement Area,

by the conditions ofRDP'

s
hours of operation, rules and

regulations,

and lighting, maintenance and

restricted to construction
access and use during the above-described term and will be converted into a
public pedestrian
fencing, as described in the Agreement. The Easement

Area

will

remain

according
accessway once the improvements are completed.The prompt execution of this Agreement will allow,
days
to RDP, to
(
save approximately one hundred and twenty 120)

off the developer' s

anticipated construction

schedule.

The Administration and the City Attorney'

s
office have reviewed the attached License Agreement. The Administration recommends that the Chairman
and the Members of the Miami Beach Redevelopment Agency authorize the Chairman

and the Secretary to execute a License Agreement with MB Redevelopment, Inc

Plaza
Limited Partnership, for the utilization of 16th
and RDP Royal Palm Crowne
access to the Royal Palm Crowne Plaza Hotel site,
for
construction
Street Public Pedestrian Easement Area

for
limitedtime

a
periodduring

CH2\ ~
construction. LAL/8: M:~

SYS\
DDHP\

RESOLUTION NO.
2000- 23870 A RESOLUTION OF THE MAYOR AND THE COMMISSION

OF THE CITY OF MIAMI BEACH,FLORIDA APPROVING THE

EXECUTION

OF

AGENCY,

REDEVELOPMENT

BEACH

MIAMI

BY

AGREEMENT

LICENSE

AND

CITY

AMONGST

OF

MIAMI

BEACH,MB REDEVELOPMENT, INC. AND RDP ROYAL PALM

OF
THE 16TH
HOTEL LIMITED PARTNERSIDP, FOR THE UTILIZATION
STREET PUBLIC PEDESTRIAN EASEMENT AREA FOR CONSTRUCTION
ACCESS TO THE ROYAL PALM CROWNE PLAZA HOTEL SITE, FOR
A LIMITED TIME PERIOD

Ground Lease Agreement between the

the City of
Miami Beach ("City"),
and MB
Miami Beach Redevelopment Agency ("RDA"),
Inc. MBRI"),
Redevelopment,
an Easement Agreement was executed that provides the general public
with pedestrian beach access over an Easement Area located along the southerly boundary of and within
the Loews Hotel Property, immediately north of the Royal Palm Hotel
DURING CONSTRUCTION. WHEREAS, in connection with the

site;and
City Commission directed

the

on

WHEREAS,

a renewal of the negotiations between the Loews

Pedestrian
Hotels to agree on a mutually acceptable use of the Public
Administration to seek

and Royal Palm Crowne Plaza

Easement Area at 16th Street, for the

construction

January 26, 2000, the Mayor and

Royal

Palm' s

access needs;and

the Administration coordinated a series of

WHEREAS,

meetings to renegotiate the conditions of an agreement with the MBRI, the operator of the Loews
Hotel Limited Partnership ("RDP"),the developer of the Royal
and the RDP Royal Palm

Hotel,
Crowne

Hotel, to access the Royal Palm construction site for construction material and
and
unloading through the 16th Street Public Pedestrian Easement Area, to expedite the
equipment deliveries,

Plaza

Royal Palm Hotel'

s

construction schedule;

Agreement ( the "Agreement"),herein attached, has

MBRI and

a result of the negotiations, a License

been drafted to beexecuted by the RDA/City, as Owners,

and WHEREAS, as

RDP;and

the Easement Area for

the issuance of a certificate

construction

2001, plus
31,

days

sixty

WHEREAS,

the Agreement grants a license to RDP to utilize

purposes for a

related
of occupancy

for

the

Royal

period

that shall terminate

Palm

on

the earlier of a)
(

March
Hotel, or b)
(

for completion of the

the Easement Area; and WHEREAS, the improvements to the Easement Area
to consist of decorative interlocking pavers,landscaping, irrigation,

improvements to
are

lighting, and other

plan,the use

of

decorative features;
the Easement Area will

and

WHEREAS, unlike

the

formerly

proposed

15th Street access

have no impact on neighboring properties

WHEREAS, in order to minimize the

certain

mitigation provisions;

impact

to Loews, the

proposed Agreement

contains

and

WHEREAS, RDP has

agreed

to

the

complete

scope, at its own expense and to compensate MBRI the

and costs incurred in the preparation of the

Agreement; and WHEREAS, in return,

MBRI

has

improvements, originally part

sum

WHEREAS,

for

attorney' s fees

agreed to reimburse RDP, in the

amount of 72,
$
000,toward the costs incurred by RDP
the Easement Area; and

15,000

of$

of MBRI' s

in connection

it is RDP' s

with the improvements to

responsibility that its General Contractor

and laborers fully abide by the conditions ofRDP' s use of the Easement
Area,including, but not limited to,
the hours of operation, rules and regulations, mitigation,
security and lighting, maintenance and fencing, as described
and all

its

subcontractors

in the Agreement; and WHEREAS, the Easement Area will

access and use during the above- described term and

pedestrian

accessway

once

will

be converted

remain

restricted

to

into

construction

public

the

improvements are completed; and WHEREAS, the prompt execution of

to RDP, to save approximately
one hundred and twenty

this Agreement will allow, according

( days off

120)

the developer'
s anticipated construction schedule; and
office

WHEREAS, the

Adminstration

and the City Attorney' s

have

reviewed

the

attached License Agreement. NOW,THEREFORE, BE IT DULY RESOLVED

BY THE MAYOR AND CITY COMMISSION OF THE CITY OF

MIAMI BEACH, FLORIDA,

that the Mayor and City Commis ion herein approve execution of a License Agreement
by and amongst Miami Beach Redevelopment Agency, City of Miami Beach, MB Redevelopment, Inc.
and

RDP

Public

Pedestrian

Royal Palm Hotel Limited Partnership,

Easement Area

for

for

the utilization of the 16th Street

construction access to the.Royal Palm

Crowne

Plaza Hotel

site,for

a
limited time period during

construction.

PASSED and ADOPTED

this
12th

day

of

April,

2000.

Jt MAYOR ATTEST:
6
LU{
UIAoL{ U,\

APPROVED AS

FORM ,~

TO
CITY

CLERKAttachment

f
Lj-

o-

cJ2)
Doie

LANGUAGE

EXECUTION

8.FOR

ITY OF

MIAMI

1700 CONVENTION
ci.
miami~ beach.
33139 itp:\\

ITY HALL

FLORIDA

CENTER

BEACH

DRIVE MIAMI BEACH,

MEMORANDUM

us COMMISION
f1.

NO.
2.
g~-

oo

DATE:April 12, 2000 TO:

Mayor Neisen O.Kasdin and

Lawrence

Members of

the
City Commission

Levy, \/City Manager ~FROM: SUBJECT:A RESOLUTION OF THE MAYOR

A.

AND THE COMMISSION OF THE CITY OF MIAMI

BEACH,

FLORIDA

THE

RATIFYING

EXECUTION

OF

LICENSE

AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY,

MB

REDEVELOPMENT,

HOTEL

INC. AND
LIMITED

PARTNERSHIP,

FOR

RDP

THE

UTILIZATION

ROYAL

PALM

OF

THE 16TH STREET PUBLIC PEDESTRIAN EASEMENT AREA FOR

CONSTRUCTION ACCESS TO THE ROYAL

PALM CROWNE PLAZA HOTEL

SITE,FOR A
LIMITED

TIME PERIOD

DURING

CONSTRUCTION.

RECOMMENDATION

Adopt the Resolution. BACKGROUND & ANALYSIS In

connection with the Ground Lease Agreement

City of Miami Beach (" City"),

Beach
an Easement Agreement was executed that provides the
and MB Redevelopment, Inc. MBRI"),
("
general public with pedestrian beach access over an Easement Area located along the southerly boundary
of and within the Loews Hotel Property, immediately north of

between

the

Miami

RDA"), the
Redevelopment Agency ("

the City Commis ion directed the Administration

Palm Hotel site.
On January 26,
Royal
negotiations
between
the
Loews
and Royal Palm Crowne Plaza
seek
a
renewal
of
to
the
the
Public Pedestrian Easement Area at 16th
Hotels to agree on a mutually acceptable use of

the

Street,for the

Royal Palm's construction access needs. It should be noted that

utilize the Easement Area failed to produce an agreement,

City'
s
of-way
access to its site via the
rightwhich in
proposal
at 15th Street. Subsequent to the public' s negative response to this
at the above referenced January 26 Commission meeting, the Administration was directed to seek a
renewal
earlier

discussions between MBRI and RDP to

resulted

RDP' s alternative proposal to gain

two parties.

of

negotiations

the

betwe n

the

renegotiate the conditions of an agreement

with the MBRl, the operator of the Loews Hotel, and the RDP Royal Palm Hotel Limited
Partnership (" RDP"), the developer of the Royal Crowne Plaza Hotel, to access the Royal Palm
construction site for construction material and equipment deliveries and unloading through the
16th
Street Public Pedestrian Easement Area, to expedite the Hotel's construction schedule.
The Administration coordinated

series of meetings to

result of the

negotiations, a License Agreement ( the " Agreement"), herein attached, has been
drafted to be executed' by the RDNCity, as Owners, MBRl and RDP. The Agreement grants a
license to RDP to utilize the Easement Area for construction related purposes for a period that
shall terminate on the earlier of (a) the issuance of a certificate of occupancy for the Royal Palm
Hotel or, b)
(
March
31, 200 I,
plus sixty days for completion of the improvements to
the Easement Area.
The improvements to the Easement Area are to consist of decorative
Unlike
the 15th Street
interlocking pavers, landscaping, irrigation, lighting, and other decorative features.
access plan, the use of the Easement Area will have no impact on neighboring properties other than
the Loews Hotel. In order to minimize the impact to Loews,the proposed Agreement
contains certain
As

mitigation provisions.

RDP has agreed to complete the improvements, originally part of MBRl' s scope, at
own
expense and to compensate MBRl the
sum of$
15, 000 for attorney' s fees
its
and costs incurred in the preparation of the Agreement. In return,MBRl has agreed reimburse RDP,
in the amount of

72, 000,toward the costs incurred by RDP in connection

with
the improvements to

all

its

including, but

mitigation,

the

Easement Area. It is

subcontractors and laborers

not limited
security

fully abide

RDP's responsibility that its General Contractor

by the conditions ofRDP'

to,the

s
hours of operation, rules and regulations,

and lighting, maintenance and

fencing, as described in the Agreement. The Easement

access and use during the above-described
public

and

use of the Easement Area,

restricted to construction
term and will be converted into a
Area

will

remain

pedestrian

accessway once the improvements are completed.The prompt execution of this Agreement will allow,
according
to RDP, to
one
and
120)
days
appr
o
xi
m
at
e
l
y
save
hundred twenty (
off the developer' s

anticipated construction

schedule.

The Administration and the City Attorney'

s
office have reviewed the attached

License Agreement. The Administration recommends that the Mayor and the
Commission of the City of Miami Beach,Florida ratify execution of a License Agreement
by and among the Redevelopment Agency, MB Redevelopment, Inc and RDP Royal Palm
Plaza
Crowne
Limited Partnership, for the utilization of 16th Street Public Pedestrian Easement Area for
construction access to the Royal Palm Crowne Plaza Hotel site,
for
alimited time
period

duringconstruction.

ctJ.{.~
16

LAL/CMC/

AR -\CH2\ SYS\DDHP\

LICENSE AGREEMENT

TIllS LICENSE

AGREEMENT ( the " Agreement")

is made and entered into the \

S'-

day of
M*,
2000, by and between MIAMI BEACH REDEVELOPMENT AGENCY, a public
CITY OF MIAMI BEACH, a municipal corporation of the State
politic
( the " Owner"),
corporat
and
body
MB REDEVELOPMENT, INC., a Florida corporation (" MB
Redevelopment"),
of Florida ( the " City"),
and RDP ROYAL PALM HOTEL LIMITED P ARTNERSl P, a Florida limited partnership ("
RDP").
A.MB Redevelopment is the lessee of certain real property lying, being, and situated
in Miami- Dade County, Florida ( the Loews
"
Hotel Property")pursuant to that certain Agreement of
RECITALS:

Lease entered

into

extent provided

by and between Owner and

therein, dated

MB Redevelopment, and joined in by the

City to the

September 20,
1996 and recorded in

Records
Official
of
MiamiRecords
Dade
County,
t
he
"
Loews
Ground
Public
Florida (
pursuant to which MB Redevelopment is,among other things, operating the Loews Miami Beach
Lease"),
Hotel (the Loews
"
Hotel")
Book 17360, Page 4753, of the

on

the Loews Hotel Property.

Lease, Owner and

B.In accordance with Article 21 of the

the City executed

Loews

Ground

that certain Easement Agreement dated September

1996 and recorded in Official Records Book

17362, Page 109, of the

Public Records of Miami- Dade County, Florida (the "Easement Agreement"), pursuant to which an easement was granted
to provide the general public with pedestrian access over the Easement Area (as defmed in
the Easement Agreement) between Collins Avenue and the Atlantic Ocean beach along the southerly boundary of and
within the Loews Hotel Property, a copy of which Easement Agreement is
20,

attached

hereto and made a part hereof as Exhibit A.C.

RDP

Palm

Crowne Plaza Hotel ( the Crowne"

Plaza Hotel")
on the Crowne Plaza Hotel Property. D.To

is the lessee of the that

certain real property located immediately to the south
of the Loews Hotel Property the
( "Crowne
Plaza Hotel Property"), pursuant to that certain Agreement of Lease entered into by and between Owner and RDP,and
joined in
by the City to the extent
therein, dated October 21,
provided
1997 and recorded in Official Records Book 18170, Page 893, of the Public Records of MiamiDade County, Florida ( the "Crowne Plaza Ground Lease"), pursuant to which RDP is,among other things,
in the process of constructing the Royal

Hotel, RDP, the Owner, and the City desire that RD P be

granted a license to utilize the Easement Area for certain purposes related to the construction of
the Crowne Plaza Hotel, and the Owner,the City,and MB Redevelopment have agreed to grant
facilitate the construction of the

Crowne

Plaza

RDP such

and conditions hereinafter set

forth. NOW THEREFORE, for and in consideration of the mutual promises and agreements herein made
and other good and valuable consideration, the receipt and
license to

sufficiency of

facilitate such construction, subject to the terms

incorporated

herein

Incorooration of
1.
as if set forth in

Recitals. The above

recitals

are true and correct and

2.
License. OWher, the City, and MB Redevelopment

full.

hereby

are

grant a license to

RDP to utilize the Easement Area for certain purposes related to the construction of the Crowne
Plaza Hotel, subject to the terms and conditions of

term of this Agreement shall commence on the date hereof

(
the issuance
accordance with this Agreement, shall terminate on the earlier of a)
or (b) March 31, 2001 (
of a final certificate of occupancy for the Crowne Plaza Hotel
sixty
(
period
for completion of the
the Term"),
"
subject to the additional 60)day
this

Agreement. 3.
Term. The

and,
unless earlier terminated in

Improvements ( as

the

hereinafter

defined)

below. 4.
Permitted Uses of Easement Area During
as described in Section 7(
d),
Term, RDP may utilize the Easement Area solely for the purpose of deliveries and unloading of

material, equipment, and

personnel

to and from the Crowne Plaza Hotel Property. The Easement Area may not be
after 7:30 p.m.)
its agents for overnight ( Le.,

used by RDP
and/ or
parking or storage. MB Redevelopment
makes no representations to RDP as the effect, if any, of this Agreement
on the easement granted to the public under the Easement Agreement. Upon
any termination of the Easement Agreement, this Agreement shall automatically terminate without further notice or instrwnent. Owner
and the City acknowledge that RDP's use of the Easement Area pursuant to this Agreement will necessarily
result in the public not being able to use the Easement Area during the Term hereof,
and that this Agreement constitutes a temporary closure

Easement Agreement. To construct the Crowne

It is RDP'
its general contractor (the "RDP GC").

of the Easement Area for purposes of the

Hotel,

RDP

has engaged

The Clark

responsibil ty to ensure that

Construction Group, Inc.as

Plaza

the RDP GC and all of its subcontractors and laborers fully understand and
s use of the Easement Area and cooperate with MB

abide by the conditions of RDP'

Redevelopment'

Easement Area for their respective purposes. 5.Rules and RellU! ations. During
govern RDP' s use of the Easement Area, with such policies
nonmaterial change from time to time at MB Redevelopment'
s sole discretion,

s use of the
the Term,the following policies will

subject to

reasonable

any such changes

to
RDP and the

be effective
RDP GC

upon

may

utilize

the

days' prior written notice to RDP: i.

Hours of Operation:
seven (7)
during
the
of
7:
00
a.m.
Easement
Area only
hours

days per week. No exception to this timeframe

seven 7
(
)
30 p.m.,
to 7:
will be permitted. However, subject to RDP obtaining approval from the City in
(
its governmental
as opposed to proprietary capacity), RDP may utilize the Easement Area for early- morning concrete pours
on Monday through Friday only. In addition, MB Redevelopment reserves the right, at its sole discretion, to prohibit RDP' s
necessary in order to operate events
use of the Easement Area for hours and days as may be
or maintain the Loews Hotel Property, subject to the
following conditions: ( A)If the use of
the Easement Area by MB
Redevelopment will be for two ( 2) hours or less, then MB Redevelopment shall give RDP
and (B)
If the use of the
least
five
(
5)
days'
prior written notice;
at

Easement

least ten (
10) days' prior written notice ( it being acknowledged that MB Redevelopment may
consecutive hours); and ( C)
In any event, for
eight 8)
(
not utilize the Easement Area for more than
any such use by MB Redevelopment, RDP will use good faith commercially reasonable efforts to
to
accommodate a request by MB Redevelopnient even if minimal notice is given by MB Redevelopment
RDP. In addition, RDP will use good faith commercially reasonable efforts to accommodate a request
at

byOwner and/ or the

City for

access to the

Easement Area.IfRDP and/or the RDP GC utilize the Easement Area at any time or times other than
as expressly pennitted in this Section 5.i without MB Redevelopment' s prior written approval, then RDP
shall

pay

to

MB Redevelopment, as liquidated

the following amounts:

OF

LIQUIDATED
DAMAGES
I
3

damages and

not

as

penalty,

NUMBER OF VIOLATIONS AMOUNT

000. 00 per
10 times500. 00 per occurrence 1,

times

times

78
times

00 per occurrence
5,
000. 00 per occurrence IfRDP and/or the RDP GC violate the permitted timeframes morethan ten (10)
times, then RDP shall be deemed to be in default of this Agreement, and MB Redevelopment, the
Owner, and/ or the City, asthe sole remedy, shall have the immediate right to tenninate this
Agreement without the necessity for providing RDP with any notice and/ or cure period. It
is hereby agreed that MB Redevelopment' s damages may be difficult to ascertain and that
the amounts set forth above constitute reasonable liquidation thereof and are intended not as a
penalty,but as liquidated damages. MB Redevelopment will notify RDP promptly upon MB Redevelopment becoming
aware of
any such violation of the pennitted timeframes. The liquidated damages payable pursuant to this
occurrence

3,
000.

Section
5.

i are payable by RDP within thirty (30)

days after RDP' s
of
of
from
receipt ( or refusal
delivery)
MB Redevelopment. ii.
Construction Mitigation Program: RDP shall
written notice
implement and
maintain,

at its expense, for the duration of the

Tenn

the

following program to

address dust, debris, and noise impacts upon the Loews Hotel: a.Prohibition of tower cranes (
(
RDP
not to include boom swings) over the Loews Hotel Property other than the Easement Area however,
acknowledges that the portion of the Loews Hotel Property adjacent to the Easement Area is
among other things,beach cabanas and the children' s camp, and RDP shall
util zed
for,
Instal ation of safety fencing
operate its tower cranes in recognition of those facts).
b.
and
toe boards adjacent to RDP' s construction on the southern border of the
Easement Area to the extent necessary to meet
Minimization of music or noise disruptive to guests of
OSHA
requirements. c.
(
music shall be prohibited in the
the Loews Hotel but

Easement

Minimization of vehicle " idling" in the Easement Area to minimize exhaust fumes
and noise, and all vehicles in the Easement Area shall be manned, such that the vehicles can be promptly
e.

moved.

f.

Any mading and unloading by RDP shall occur only on that portion of the
loading dock at the St. Moritz portion of the Loews Hotel.

Easement Area located east of the

lll.

Security and Lighting: RDP shall,

at its expense, at the end of each

day,

secure

the gates

providing access onto the Easement Area at its east and west ends. If RDP at any time fails to so secure
the gates, then MB Redevelopment shall have the right, without notice, of securing the gates, and RDP
shall reimburse MB Redevelopment immediately upon demand for any reasonable expenses, if any,

Redevelopment incurs in effecting RDP' s compliance with this subparagraph, and MB

Redevelopment shall not be liable to RDP for any damages with respect thereto. In addition, RDP, at its
expense, shall also maintain the same security lighting for the Easement Area as exists as of the date
hereof, and in any event RDP shall comply with any Florida Department of Environmental Protection
requirements relating to lighting.
which MB

iv.

Maintenance: RDP, at its expense, shall fully maintain the Easement Area in connection
with RDP' s access to and use of the Easement Area, including, without limitation,removing all debris on

daily basis.

RDP, at its expense, shall use a basic irrigation system at least three (
3)
times per day
to minimize the impact of dust and debris resulting from RDP' s use of the Easement Area, as such dust
a

and debris may affect the Loews Hotel. RDP, at its expense, shall also maintain the construction
as described
below.

Entry onto Easement Area: RDP may enter the Easement Area from Collins
v.

Avenue.

vi.Security:

RDP, at its expense, shall install an

side of
well

as

unmanned security gate along

fence

the east

the loading dock at the St.

Moritz portion of the Loews Hotel. The exact location of this
design
f
u
nct
i
o
n
and
subj
e
ct
its
is to the prior written consent of MB

gate

as

Redevelopment. 6.Construction

of Fence. RDP, at its expense, shall install, no later

than
a temporarysix (
6')eight (8')this Agreement,
foot-tofoot

thirty (30)days after the date of

high chain link fence along the north side

of

the fence will be

the Loews

the Easement Area, at a distance from the western access

gate and continuing along the northern border of the Easement Area to the Loews Hotel' s existing pool gate.
The exact location of this fence as well as its design and function is subject to the prior
"
written consent of MB Redevelopment. RDP,at its expense, shall maintain this fence in a firstclass" manner, because

viewed

circumstance or cause, shall be

from

repaired

by RDP within

incident or notice
7.

from

Hotel.Damaged or broken sections, regardless

three 3)
( business days after the

of

MB Redevelopment.

Comoletion of Imorovements to Easement Area. a)

RDP agrees to construct for MB Redevelopment,
expressl
y
s
expense
(
except
ot
h
er
w
i
s
e
set
forth
RDP'
as
below),all improvements to

at
the Easement Area including,
(
without limitation, walls, curbs, walkway, interlocking pavers,
i
r
ri
g
ati
o
n,
lighting,
paving, landscaping,
and decorative features) collectively, Im"provements"), as more particularly described in
attached hereto and made a
part hereof ( the Improvements
"
Plans and
Exhibit B,

Specifications").

RDP

hereinafter defined) of the Improvements, in a good and workerlike manner, and consistent with the
level of quality for luxury hotels, no later than the expiration of the Term (the " Substantial Completion
RDP

hereby provides MB Redevelopment with a one (

1)year warranty for
that,
far
of
year
from
peri
o
d
1)
the
date
such
the
one (
a
of Substantial
to
or
any
Completion, RDP covenants
replace ( if needed) defect in material or workmanship of
repair
Deadline").

Improvements,

the Improvements. Any improvements to the Easement Area previously constructed by

MBRedevelopment and/ or LMB are excluded from the scope of work of the Improvements required to be
constructed by RDP pursuant to
this Agreement. As of the date hereof, to the best actual knowledge

of MB Redevelopment, there are no

and

underground utilities in the Easement Area

except for

two (

2")
inch water line

drain pipe. b)As part of the Improvements, RDP, at its expense, shall remove
any temporary fencing and landscaping, and shall repaint
MBRed velopment'
s previously- constructed
masonry wall,consistent with
already- applied colors. RDP, at its expense, shall also repair in accordance

with the original Improvements

improvements ( including, without

Plans

and

limitation,the north driveway curb and

Specifications, any

damage to the adjacent

pavers at

the west end

Notwithstanding the foregoing, in connection

with
Easement Area). c)
I
m
provement
s
,
MB
Redevel
o
pment
will
rei
m
burse
RDP
$
72,
00
t
o
war
d
s
the
costs
the
000.
incurred by
RDP in connection with the Improvements. Such amount will
be paid to
of

RDP
in

within

thirty 30)
( days

after Substantial Completion (as defmed

subsection ( f)
below) of the Improvements.

If RDP has
not achieved
d)
Substantial Completion ( as hereinafter defined)
of the Improvements on or before sixty ( 60)
after
the
Completion
Deadline ( the "Liquidated Damages Deadline"), for any reason whatsoever,
days
Substantial
then RDP shall pay to MB Redevelopment, as liquidated damages and
not as a penalty, an amount equal
000.
00
per
day
for
each
day
from
the
to 1,
$
Liquidated Damages Deadline
until the date that
RDP has achieved Substantial Completion of the
Improvements (
Li
q
ui
d
at
e
d
that
however,
the " Damages");
provided,
for the first thirty ( 30)days
following the
Liquidated Damages Deadline, the Liquidated Damages shall be equal to 500.
00 per day. It is hereby agreed
$
Redevelopment'
s
damages
may be difficult to ascertain and that the Liquidated
that MB
actual
Damages constitutes reasonable liquidation thereof and is intended not as a penalty, but as liquidated damages. For
each day of Liquidated Damages that may be payable by RDP pursuant to this Section
d),
7(
the Liquidated Damages for each such day are payable by

within thirty 30)

( days

the date that each such day's Liquidated Damages accrue.

pay the Liquidated Damages as described
above, if RDP fails to achieve Substantial Completion of the Improvements by the Liquidated Damages
Deadline, then MB Redevelopment shall have the right, upon written notice to RDP, to cause Substantial Completion of
the Improvements (by or through the RDP GC or otherwise),and any and all costs
and expenses incurred
by MB Redevelopment in effecting such Substantial Completion shall be
RDP

after

e)
In addition to RDP's responsibil ty to

paid to

MB

f) For purposes of this Agreement, " Substantial Completion" shall mean that ( i) the
Improvements shall have been completed ( free of construction liens) substantially in accordance with the
Improvements Plans and Specifications, ( ii) a certificate ( certified to MB Redevelopment and the
Agency on the standard AlA: certification form) shall have been obtained from the either the architect
that prepared the Improvements Plans and Specifications or RDP' s architect of record for the Crowne
Plaza Hotel substantially stating that the certifying architect has examined the Improvements Plans and
Specifications and that, in its professional judgment, after diligent inquiry, construction of the
Improvements has been Substantially Completed in accordance with the Improvements Plans and
Specifications and, as constructed, the Improvements comply with all applicable Requirements ( as
hereinafter defined), and ( iii) all of the Improvements shall have been issued certificates of completion
and/or occupancy. " Requirements" means any and all laws, constitutions, rules, regulations, orders,
ordinances, charters, statutes, codes, executive orders, and requirements of the United States of America,
the State of Florida, the City of Miami Beach, Miami-Dade County, the Agency ( in its governmental as
opposed to proprietary capacity) and any agency, department, commission, board, bureau,
instrwnentality or political subdivision ( including any county or district) of any of the foregoing, now
existing or hereafter created, having jurisdiction over MB Redevelopment or over or under the Loews
Hotel Property or any portion thereof or any street, road, avenue or sidewalk comprising a part of, or in
front of, the Loews Hotel Property, or any vault in or under the Loews Hotel Property, or airspace over
the Loews Hotel Property ( including, without limitation, any of the foregoing relating to handicapped
access, the Building Code of the City and the laws, rules, regulations, orders, ordinances, statutes, codes,
and requirements of any applicable Fire Rating Bureau or other body exercising similar functions); the
temporary and/or permanent certificate or certificates of occupancy issued for the Loews Hotel Property
40 U. S.
as then in force; and the requirements of the Davis- Bacon Act (
C. ~ 276( a)),
if
applicable, and the requirements of the City of Miami Beach
No.94-

2960.g) RDP' s obligation to construct the Improvements and provide

the one- year warranty therefor shall survive the expiration of the Term or any termination of
Ordinance

this

Agreement (

whether

default
by
remain

or

otherwise). h)
Title to the Improvements and all portions thereof shall at all times

vested in MB Redevelopment.8.
Comoliance

its obligations under

with Laws:Construction Liens. a)

In connection with its use of

this

Agreement, RDP

the Easement Area and

agrees to

with all applicable Requirements. b)RDP shall promptly pay for all materials supplied and work
comply
done in respect of the Improvements to the Easement Area so as to ensure that no lien is recorded
against any portion
of the Loews Hotel Property ( including, without limitation, the
Easement Area) or against MB Redevelopment' s interest therein. If a lien is so recorded, RDP shall discharge
it promptly by payment or bonding. If any such lien against the Loews Hotel Property or MB
Redevelopment' s interest therein is recorded and not discharged by RDP
as above required within ten (
10)days following written notice to RDP, MB Redevelopment shall have the right to remove such lien by

bonding

thereof (including without limitation attorneys' fees and costs related thereto) shall be
from RDP to MB Redevelopment.
9.
Renair of

DalhalZe. RDP

will immediately

paid immediately

repair any damage to

any
of its
Hotel
by,
or
subcontractors, laborers, or material suppliers. Upon receipt of written notice from MB Redevelopment, RDP
three (
shall complete any repairs within
3)business days, or such timeframe as may be agreed to

Property caused

the Loews

through,

or under

RDP

repair or

cause

or the RDP

GC

to

by MB Redevelopment if repair work is extensive. If RDP fails to perform any of its obligations
under this Agreement, MB Redevelopment shall have the right, but not the duty, upon prior written
notice, to correct anycondition and/ or to makerepairs and/ or to perform maintenance, and the
reasonable costs thereof shall be paid by RDP promptly after written notice of

the same. Notwithstanding the foregoing provisions of this paragraph, RDP shall not be
responsible for repairing or restoring any damage to the Easement Area or the improvements located therein
or thereon including, without limitation, any fencing) caused by the acts, omissions, or negligence
of MB Redevelopment, LMB, the Owner, or the City,or their respective agents, employees,
or contractors. 10. Indemnity. RDP shall indemnify and hold the Hotel Owner
Indemnified Parties ( as defmed in paragraph 4 of the Easement Agreement) hannless from all loss,
cost, liability, claim, damage and expense (including, without limitation, reasonable attorneys' fees
and disbursements), penalties and fines, incurred

in connection with or arising from any acts, omissions or negligence

of RDP or any person or other entity claiming through or under RDP in,about,or concerning
the Easement Area, or arising in any way out of RDP' s responsibilities under this Agreement, except to the
extent any of the foregoing is caused by the gross negligence or willful misconduct of any
of the Hotel Owner Indemnified Parties, or the Owner, the City, or their respective
agents, employees,

or contractors. RDP shall indemnify and hold the Owner Indemnified Parties ( as defined
in paragraph 4 of the Easement Agreement) harmless from all loss, cost, liability,
claim, damage and expense ( including, without limitation, reasonable attorneys' fees and disbursements),
penalties and fines, incurred in connection with or arising from any acts, omissions or negligence of RDP or
about, or concerning the Easement Area, or arising
any person or other entity claiming through or under RDP in,
in any way out of RDP' s responsibil ties under this Agreement, except to the extent any of the
foregoing is caused by the gross negligence or willful misconduct of any of the Owner
Indemnified

Parties, or

MB

Redevelopment

or

agents,employees, or contractors. MB Redevelopment shall indemnify and hold RDP,

its agents, employees, and contractors hannless from all loss, cost, liability, claim, damage
and expense (including, without limitation, reasonable attorneys' fees and disbursements), penalties and fines, incurred
in connection with or arising from any acts,omissions or negligence of Hotel Owner Indemnified Parties,
in,
about, or concerning the Easement Area, except to the extent any of the foregoing is caused by
the gross negligence or willful misconduct of any of RDP or
its

its

agents, employees, or contractors. Except

Hotel Owner Indemnified Parties

to

and

the

the

extent RDP is
Parties ( each as

Owner Indemnified

responsible to indemnify the

defmed

in

paragraph

contained in this Agreement shall be deemed to modify the indemnity obligations of MB

Redevelopment, the Owner, and the City as set forth in paragraph 4 of the Easement
Agreement. The indemnities deseribed herein shall survive
of

the

expiration of the

Term

or any termination

this
Agreement.

11. Insurance. RDP a(t RDP' sexpense and/ or the RDP GC' s expense) shall
and the City with a Certificate of insuranCe for a policy or

MB Redevelopment, the Owner,

provide
of commercial general liability (including without limitation property damage) insurance with
respect to RDP' s activities in the Easement Area, issued by and binding upon an insurance company
less than $
licensed in Florida, such insurance to afford minimum protection of not
000.
coverage
injury,
2,
of
bodily
p
r
o
p
e
r
t
y
damage,
000, 00 combined single limit
or
combination thereof. RDP's insurance coverage obtained in accordance with this paragraph shall include "
MB Redevelopment, Inc.,
Loews Hotels, Inc.,and the respective parents,subsidiaries, and affiliates of
MB Redevelopment, Inc.and Loews Hotels, Inc.,the City of Miami Beach, the Miami Beach
Redevelopment Agency, andBankers Trust Company, its successors and/ or assigns, as Agent" named as additional insured
canceled or substantially
parties to same. Each policy shall provide that it may not be
modified without thirty ( 30)
days' prior writ en notice to MB Redevelopment. If requested by
MB Redevelopment, RDP shall deliver to MB Redevelopment copies of the insurance policies required
under this Agreement. RDP shall also maintain workers' compensation insurance to provide statutory benefits as required
policies

the laws of the

by

State

of Florida. The Certificates

of

Insurance are attached hereto and

made a part hereof as Exhibit C.

12.
Default and Termination. MB Redevelopment,
the Owner,and/or the City may tenninate
this Agreement only for cause, provided that five (
5)business days'
written notice is forwarded to RDP, in which five (5)
business days RDP can
cure
the default, unless the cure reasonably requires more than five 5)
(
business days, in which event
shall
have
an
additional
reasonable
time
to
cure
the
RDP
commences to
RDP
default, provided
cure with in such five 5)
( business day period and thereafter diligently prosecutes the cure
to
no
event
such
3
0)
but
shall
thirty
(
Notwithstanding
the
completion,
in
additional time exceed
days.
foregoing,
if RDP fails to perform any
obligation under this Agreement more than six (
6)
times in any
period of six (6)
months ( except with respect to the ten (
10) violations of the
hours of operation, as provided in Section 5.i,
above), notwithstanding that RDP has
within
cure
any
any
previous
failures
the
period,
applicable
then further failure shall automatically give
corrected

MB Redevelopment, the Owner, and/or the City the immediate

right to terminate this Agreement without the necessity for providing RDP with
shall pay on demand to MB Redevelopment, the Owner, and

any notice and

the City,
as applicable,all costs incurred by MB Redevelopment, the Owner, and the City, as applicable,
including, without limitation, reasonable attorneys' fees and costs at all tribunal levels,incurred by MB Redevelopment, the
RDP under
Owner,and the City, as applicable, in enforcing any of the obligations of
below, the
this Agreement. Notwithstanding the foregoing, in the event of an arbitration as described in Section 30,
arbitrator shall have the power
cure period. RDP

to

award

Exoense. Unless otherwise

13.
Performance at Each PartY' s Sole Cost and
party
rights,
any
of
or renders or performs any
pr
o
vi
d
ed
in
Agreement,
when
exercises
this
either
its
expressly
of its obligations hereunder, such party shall do so at its sole cost and
expense.

or' 14.Time. Time is

this

of

the essence

of

Agreement. 15.
Notice.Unless otherwise provided herein, all notices and

other communications which may be or are required to be given or made by any party hereto in connection with
this Agreement shall be in writing and shaH be sent by United States mail,postage prepaid, registered

receipt requested, or by overnight express delivery service,to the respective addresses set
below, or to such other addresses as are from time to time specified by writ en notice

or certified,
out

return

delivered
in accordance herewith: If

to

MB Redevelopment:

MB Redevelopment, Inc.Loews

Miami Beach
Hotel General
Manager 1601 Collins
Miami Beach, Florida

Avenue

33139 and:

Hotels, Inc.667
Madison Avenue New

Loews

York, New York 10021-8087

Attention: Corporate

Secretary if

to Owner

and/
or

the City:Miami
Beach Redevelopment Agency
Executive

Director

1700 Convention

Center Drive Miami Beach,

Florida 33139
with a copy
to:
Miami Beach

Agency General Counsel 1700

Convention Center

Redevelopment

Drive Miami Beach,

Florida 33139 and:

City

of

Miami Beach

City Manager 1700 Convention

Center Drive
Miami Beach,Florida

33139 with a

copy

to:

Palm Hotel Limited Partnership

Peebles Atlantic Development Corporation
100 S. E.2nd Street,

RDP

If to RDP:

c/ o

Royal

Suite 4650
Matlof,
Miami, Florida 33131 Attention: Mr.Richard A.
Senior

Vice

President with

copy to:

Donohoe Development Co.

2101 Wisconsin Avenue,

C.20007 Attention:Mr.
NW Washington, D.
Director 16. No Assilmment. It is agreed by the parties that
this Agre ment and the license granted hereby is personal to RDP. No assignment of this Agreement or
any interest therein and no sublicense for any purpose shall be made or granted by RDP. Except as
Bruch, Development
Christopher A.

otherwise expressly set forth herein, this Agreement constitutes a revocable license and shall
a lease or an easement. This Agreement shall not be construed as creating
an interest or grant. RDP agrees that it does not and shall not claim at any time any
extent whatsoever in the Easement Area by virtue of this Agreement or

not be

construed

as

license coupled with

or estate of

interest

any kind or

17.Owners and City's Governmental CaDacitv. Nothing

in this Agreement or in the parties' acts or omissions in connection herewith shall be deemed in
any manner to waive,impair, limit, or otherwise affect the authority of the Owner or City in the
its use of the Easement Area.

Remedies Cwnulative. Except for the

its police or governmental power.18.
liquidated damages provisions set forth in Section 5.i and Section 7(
d),
each right and remedy of
either party provided for in this Agreement shall be cwnulative and shall be in addition to every other right or
remedy provided for in this Agreement, or now or hereafter existing at law or in equity or by statute or otherwise,
and the exercise or beginning of the exercise by a party of anyone or more of the rights or
remedies provided for in this Agreement, or now or hereafter existing at law or in equity or by statute
or otherwise, shall not preclude the simultaneous or later exercise by such party of any or all other rights or
remedies provided for in this Agreement or now or hereafter existing

discharge of

Agreement

may

at law or in equity or by statute or otherwise. 19.Counteroarts. This

be executed in counterparts, each of which shall be deemed

an original
but all of which together shall represent one instrument 20.
Assi",,~,
agr
e
ement
s
,
terms,
and conditions herein shall be binding upon, and insure to the
The
covenants,
Successors and
benefit of,
Owner,the City,MB Redevelopment, and RDP,
and, except as otherwise expressly provided herein, their respective
party hereto shall cause this Agreement or any
No
Recordiml.
amendments hereto

Waiver. If MB Redevelopment, the

obligation under this

respect

of

or any

memoranda

hereof to berecorded in

successors

and assigns.21.No

22.
No
default by RDP of any

any

Public Records.

Owner,and/or the City excuse or condone any

Agreement, this shall not be a waiver of such obligation in

23. Severability. If any provIsion of this Agre ment is held or rendered illegal
or unenforceable, it shall be considered separate and severable from this Agreement and the
remaining provisions of this Agreement shall remain in force and bind the parties as though the illegal
or unenforceable provision had never been included in this

agreement

between

Entire AlD' eement; Modification. This Agreement sets forth the entire
Agreement. 24.
the parties specifically relating to subject matter of the license granted hereby and there are

no

other

agreements

or understandings

between

them

relating to

RDP'

s use of the

Area.This Agreement may not be modified except by agreement in writing

executed

Easement

by

the parties. 25.Cautions: References. The captions of this Agreement are for the
convenience of reference only, and in no way define,limit or describe the scope or intent of this Agreement
or in any way affect this Agreement. All references in this Agreement to the terms "herein, "
hereunder," and words of similar import shall refer to this Agreement, as distinguished from the paragraph or
purpose of

Section within which such

term is

GovemiOlz Law. This Agreement shall be construed

located. 26.
of
State Florida,without regard to principles

in accordance

with and governed by the laws of the

of conflict of laws.

Notwithstanding anything to the

contrary

27.
Loews Corooration Comuletion Guarantee.
that
certain Completion Guarantee dated
of the Owner and the City,
the Owner and the
agree that, Loews Corporation' s Completion Guarantee shall no longer

contained in

September 20,1996 given by Loews Corporation in favor

City hereby acknowledge and
be applicable to the completion of the Improvements to the Easement Area, and that for all purposes, the
as used in the Loews Corporation Completion Guarantee shall not include
term Project"
"
the Improvements pursuant to this Agreement or any other work in connection with the Easement Area,
and that Loews Corporation is hereby released from any and all obligations under the Loews
Corporation Completion
Guarantee with

respect to the Easement Area.In addition, notwithstanding anything to

in the Loews Ground Lease,the Hotel Development Agreement relating thereto,
and/ or the Easement Agreement, the Owner and the City hereby acknowledge and agree that MB
Redevelopment is no longer responsible for the completion of the Improvements to the Easement Area, and that
as defined in the Hotel Development Agreement shall
for all purposes, the term Project"
"
to
include
Improvements
pursuant
this
Agreement
or any other work in connection with the
the
not
Easement Area,and that MB Redevelopment is hereby released from any and all obligations under
the Loews Ground Lease, the Hotel Development Agreement relating thereto, and the Easement Agreement with
the contrary contained

respect

to

the obligation to construct any

improvements or installations to the Easement Area.Upon written request of Loews Corporation

and/ or MB Redevelopment, the Owner and

instruments reasonably

necessary

to

the City shall execute any other

Attornevs'
29.
to

Redevelopment

MB
fees

for the attomeys'

the

and

Fees.Simultaneously with its execution of this Agreement, RDP

shall pay

of $
000.
15,

sum

costs

00 to compensate MB Redevelopment
incurred by MB Redevelopment in the preparation, negotiation,

and
consummation

this Agreement. ~ 30.Arbitration. a) Any dispute, disagreement, controversy or claim

between Owner,the City, MB Redevelopment, and/ or RDP arising out of or relating to this
Agre ment, or
the breach hereof a "
Dispute")shall be resolved by expedited arbitration
of

administered

by

the

American

the AM

the "AM

Arbitration Association (" AM")

as provided in this Section and the Commercial

Rules")in effect as

of the commencement of the

applicable arbitration proceeding, except to the extent the then current AM Rules are inconsistent with the provisions
of this Section, in which event the terms hereof shall control.The arbitration shall be governed
Arbitration Rules of

by the United States Arbitration Act and the Florida Arbitration Code to the extent the Florida Arbitration

Code is not inconsistent with the United

the award entered by the arbitrators may

be entered

court having jurisdiction.

in

States Arbitration Act and this Section, and judgment upon

b) Florida. Any arbitration

pursuant to this Section shall be

any
in

Miami- Dade County, c)i)

(
shall be conducted by one (
The arbitration
1)
arbitrator in accordance with the AM Rules for Expedited Procedures, which arbitrator shall be
conducted

selected in

accordance

with

the AAA Rules for Expedited Procedures,

and

which

arbitrator

shall

have had
experience

in large-scale commercial construction. ii)

In connection with any arbitration proceeding: (
No arbitrator shall have been employed or engaged by a party hereto or its hotel
A)

within the previous five (5)

year period;8)
construction consultants
(The arbitrator shall be neutral
and independent of the parties to this Agreement and their respective hotel and construction consultants; (
or

No arbitrator shall
C)

have a conflict

hereto

of

be affiliated with either

s auditors; and 0)
(
No arbitrator shall
interest with ( including, without limitation, any bias towards or against) a party
party'

or its then current hotel and construction

consultants. d)The award of the arbitrator shall

of the reasons upon which the award is based. The arbitrator shall
not have the power to modify this Agreement. The arbitrator shall have the power to require the
termination of
this Agreement for an uncured default by RDP hereunder. The arbitrator shall have the right
be accompanied by a statement

to award to the prevailing party its costs and expenses incurred in such arbitration,
including reasonable attorneys' fees.The award may not include, and the parties specifically waive, any award of

punitive damages. The

the

consolidate

fees and costs of

arbitrator shall be borne equally by the parties. e)The arbitrator may
with respect to any Dispute under this Agreement with proceedings with respect to

proceedings

any related

not

parties

controversy,

provided

that any parties to such controversy

who are

f) The parties will cooperate in the exchange of documents relevant to any Dispute.
Deposition or interrogatory discovery may be conducted only by agreement of the parties or if ordered by
the arbitrator. In considering a request for such deposition or interrogatory discovery, the arbitrator shall
take into account that the I'arties are seeking to avoid protracted discovery in connection with any
arbitration proceeding hereunder.
If a party detennines that a Dispute presents such
g)
it to seek emergency provisional relief prior to the

requires

party with

an

extraordinary situation

that

of the arbitrator who will

appointment

it may seek such emergency provisional relief from any court having jurisdiction;
however,
that
(
i) in order to obtain any such relief, the court shall determine that such party has
provided,

detennine such

Dispute,

applicable standards imposed by the law applicable to the relief requested with respect to such
party' rights to such relief and ( ii) such relief may only be sought and obtained on the condition that any
order entered by the court will expire ten (
10)days after the appointment of the arbitrator unless the
party that sought the order renews its application for emergency provisional relief to the arbitrator within
such
ten 1
( 0)day period,which arbitrator shall then make de novo any findings of fact that may be
required in ruling on such renewed application. The prevailing party in such court action for
emergency provisional relief shall be entitled to recover its costs and expenses incurred in such litigation,
met any
s

including reasonable
attorneys fees. 31. Interest

for Late PaYments. Any payments required to be made

due
and payable shall bear interest at a rate equal to the lesser
pursuant
when
the
or
(
The ChaseManhat an Bank,
of a)
( prime rate in effect from time to timeat Citibank, N.A.
N.A.,ifCitibank, N.A.
shall not then have an established prime rate;or the prime rate of any major
banking institution doing business in New York City, as selected by MB Redevelopment, if none of the
aforementioned banks shall be in existence or have an established prime
( percent per annum,
rate),
plus four 4%)
or b)
(
the highest rate permitted by law. Such interest shall be computed for the entire period for
which the amount is overdue and which shall be in addition to and not in lieu of any other rights and
remedies provided
to this Agreement not made

for in
this Agreement. 32. Condition Precedent. Notwithstanding anything to
this
contrary
in
the
contained
Agreement, this Agreement, and the obligations of the parties hereunder,
are subject to the satisfaction, within the time period set forth below,
of the
Agremnt,

RDP,at its

following condition

precedent: Within fourteen ( 14)days after the date of this

satisfactory evidence to MB Redevelopment, the City,

expense,shall i)
provide reasonably

and the Owner that RDP has caused the payment and performance bond issued in connection
with the construction of the Crowne Plaza Hotel to be amended to reflect that RDP and the RDP GC
are responsible for the Improvements

letter

addressed to MB

to

the Easement Area and ( ii)

cause the RDP GC to

Redevelopment, the City,and

the

provide a

Owner acknowledging that such

payment and

performance bond issued in connection with the construction of the Crowne Plaza Hotel has been amended to reflect

and the

GC are responsible for the Improvements to the

RDP
RDP
the RDP GC will therefore

construct the Improvements

requests. The form and content of such letter

MB

Redevelopment, the

City,

to the
from the RDP

Easement

Area

GC

that

Easement Area and that

if the bonding company so

shall

be

reasonably satisfactory to

If the condition

set forth above has not been

and

satisfied as provided
above, for any reason whatsoever, then MB Redevelopment, the Owner, and/or the City may elect to
terminate this Agreement by written notice to the other parties, whereupon this Agreement shall be
deemed to be void and of no further force or effect and the parties shall be relieved of all further
obligations under this Agreement. However, if any of the aforementioned parties elect to terminate this
Agreement and RDP then satisfies the condition precedent set forth above within ten (
10)days

precedent

duly

timely

after delivery of the termination notice, then the termination shall be void and of no further
effect, and this Agreement shall continue in full force and

force

or

effect. MB Redevelopment, in its sole discretion, may elect to allow RDP to utilize the Easement
the satisfaction of the condition precedent set forth above; provided, however, that such

prior to

Area
and/ or
election by MB Redevelopment shall not be deemed to waive MB Redevelopment' s,the Owner' s,
Ci
t
y'
right
terminate
Agreement
as
set
to
forth
above
if
the
precedent
set
forth
above
the s
this
condition
has not been duly and timely satisfied as provided
above.33.Amendment

Permits. a)RDP, at its expense, shall use reasonable efforts to cause the City ( in
capacity) to amend,
within thirty (30) days after the date of this Agreement,i)(

of

its
MB Redevelopment' s building permit for the Loews Hotel to reflect that the Improvements to the Easement Area
are no longer part of the work to be performed under MB Redevelopment' s building permit, and ( ii)
RDP' s building permit for the Crowne Plaza Hotel to reflect that the Improvements to the Easement Area are
now a part of the work to be performed under RDP'
governmental

building

permit. b)RDP,

at

expense, shall use

reasonable efforts to cause the

within
thirty
( 30)days after the date of
to
amend,
coastal
s
construction permit for the Loews Hotel to reflect that

its

Florida Department of Environmental Protection

MB Redevelopment'
this Agre ment,( i)
the Improvements to the Easement Area are no longer part of the work to be performed under
MB Redevelopment' s coastal construction permit, and ii)
(
RDP' s coastal construction permit for the Crowne Plaza
Hotel to reflect that the Improvements to the Easement Area are now a part of the work to be performed
under RDP'

coastal construction permit. The parties shall jointly cooperatein such amendments
other permits,licenses, and approvals necessary for the

and/ or

obtaining

of any

construction of the Improvements. In any event (whether or not such permits are amended), RDP, at its
expense, shall be responsible to comply with any and all obligations arising out of such permits as well as any
and all other permits, licenses, and approvals obtained or to be obtained in connection with the
Improvements

to the Easement Area.signatures

begin

day

IN WITNESS WHEREOF, the

and year first above written.

parties hereto have duly executed this Agreement

as

of the

MIAMI BEACH REDEVELOPMENT AGENCY

ATTEST:

By:_.~

CU~
r ~

rdJ

By:

Rob..>
rt Parcher

Neisen Kasdin

APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION

Chairman

Secretary

STATE OF FLORIDA

4i11!!:It

ss:

COUNTY OF MIAMI-DADE
The

ca.n..
I
CaunIII

foregoing instrument
2000, by Neisen

acknowledged

before

me

as Chairman, and Robert

this ~

day

Kasdin,

Parcher,

AGENCY,

de ~

fI
o ERRY
FLORIDA
HERNANDEZ NOTARYPVBLlCSfATEOF
lIil7-MY
COMMISSION NO.
(;('

identification.
NO&~
Print

COMMISSION EXP.MAY

of

Secretary, of MIA.\.

as
a pubhc body corporate and pohtlc, on behalf of such
to me or produced valid Florida driver' s licenses as

fl BEA H REDEVELOPMENT

pubhc body.They are personally known

was

Name:

of -e y

1'/

Yl

MB REDEVELOPMENT, INC.

ATTEST:

a..... ~
By: ~
Gl ~..,-, 2.of'

11-~
Secretary

liJ

Name:Title:

STATE

By:

OF N~
y~

tVtl,. o

y.~.
jl, COUNTYOF

il day

ss:

coiJ
i1-as~, Vie!...
f'

The
foregoing
IJ.
.
instrument was
a. ry w
by
PRJ.;
2000
,
of
Gr

lSecretary, of

They are
me

personally known

MB

JIclir
, - ,

REDEVELOPMENT,

and ~{"

before

acknowledged

INC.,

Florida corporation, on

JiiJ

tr.

I2q"'

i'

J...
methis
G:.

behalf

of

such

lh , as!
corporation.

to

or

producedas

identification. 1AQJtj- ui2 Notary

Public, State

of Print

Name:
Mycom is on

expires: CJ'.
PUi3UG, 81[
1:;:'.

rl0L OOKTORSKl tOT/'.

RY

0. of
Ne'
l-'
il),zn--:,:;'~
0ei 4
N(,
c.."'

U,)1'

oU

G~

ol,",
W -':

aVork

rE'
Ji" Ity

jiff

F."",,,...,,,,,,,
C : S.':~
.. .
s

Oi\C

1~

RDP ROYAL PALM HOTEL LIMITED PARTNERSHIP,

a Florida limited partnership
PADC HOSPITALITY CORPORATION I, a

By:

Florida

corporation, as General

Partner

ATTEST:

Y~

BY~~

By: ~~~
V'

Secretary

STATEOF ,-

J~,.

u.(

j~~;'

l0-}-

1 COUNTY OF /

7L..(vL'<-- ,~,-,fl--/.
,-

A_
The

foregoing

of
JI

fl . /~/~

p_"

r.>

instrument _~
111-( -<...--1,

acknOWledg~

before

a , as i

me.

2000,
by
,

1/

and

thisf'~':? C- day

Ch...

F ;:
/
lie{
corporation,
,

as Secretary, of PADC
HOSPITALITY CORPORATION I,
a Florida
J e~---'
/.
/

on behalf of such corporation, which corporation is General

ROYAL PALM HOTEL LIMITED~a Florida limited partnership, on behalf of such limited
personally

produced

Partner

partnership. They

are

known

as
i/~
t/(~
Notary
ofdc/
Print Name: U..L",
A-<.

identification. My commission expires:

Public,State

to me

or

r:

rj
rl tf
I')
TERRYKNOX NOTARYpUBUCSTATEOF
KMY
coMMfl!
CC85f013
coMMIS6IONNO. MY.
FLORIDA

l!

ofRDP

053 Exhibit

A Copy of Easement

M1982230.

EXHIBIT A

m:

17EfO I

09 PREPARED BY AND
TO BE RETURNED
TO:

45 HARVEY RIJIIIN, CLERK

0.
DADE COUNTY, FL KOUEEN
O.
P.
COBB, ESQ.
HUGHES
HUBBARD & REED LLP

1996
23 15100

96R429263
SEP
60
IlOCSTPOEE 0.

UTX

201 South

MI. ml,FIorld. 33131 EASEMENT AGREEMENT

Biec. yne Blvd.Suite
2500
"
is lNde this UJ day
THIS EASEMENT AGREEMENT ( the Agreement")
cor
p
or
a
t
e
public
body
of 1998 by the Mlemi Beach Redevelopment Agency, a
( "Own. r")
and politic the
and the
City of

Miami
RECITALS: A.
OWner
a municip. 1 corporation of the State of Florid. ( the Clty;.
Beach,
'
attached
exhibit
A
re.
1
of
si
m
pl
e
owner
is the fee
property described In
the
hereto and lT18CIe

part hereof the

a
( " Propertyj, lying, belng and situated in Dade County,
Hotel Owner;
Is the lessee of the
Florid.. B.MB Redevelopment. Inc.,a florid.corpcntlon ("
entered into by and between Owner and Hotel Owner,
Property pursuant to that certain Agreement of L....
and joined in by
the City to the extent provided therein, of
pursuant to which Hotel Owner shall, among other things,
" ......;,
even date herewith ( the Ground
(
Hoteli
a
convention center hotel the
oper
a
t
e
own,
manage
" on the Property,
and
construct,
which Ground Lea.. is intended to be recorded
the recordation hereof. C.
County, Florid. prior to
the Public Records of Dade
among
Owner desires to create
of
Ground
Le....
ArtIcle
In accord.nce with
the
21
an easement to provide the public with pedestrian access between Collins Avenue and the Atlantic
Ocean beach along the southerly bound. ry of and within the Property,
exhibit B,attached hereto and made a part
as more particularly described in
hereof

on the tenns and conditions hereinafter set forth.

m.nt A....;.
the "Eas.
thebeach,
of the creation of the public pedestrian access to

D.In consideration
agreed to provide appropriate maintenance and
the City h..

ment Area, on
for the Ea..
security
set forth. E.Hotel

the

terms and conditlona hereinafter

conditions herein.
Owner consents to such easement on the terms and
($ 00)
fter set forth. NOW, THEREFORE, in consideration of the payment of ten 10.
sufllclency
and
ble
the
valu.
receipt
consideration,
dollers and other good and
of

which

are

7362f( ) II

0 1.Grant of E.sement. Own. r does h.reby grant . nd cre. te,for the

.. for ped.
exclu.iv.sement
stri.n
neralpublic. .
nonnon-commerci.
benefit of the g.
.
scribed herein
over the Easement Area. pntll the termin. tion of the asement
1 ccess
.
d.
Owner'
s
rms
to
Hotel
use
hereof.
of
the
subject
Easement Are.
pursuant to the t.
not
Inconsi
s
t.
all
UNa
with
the
i)
lawful
purpose
f
o
l
o
wi
n
g
purpos..:
(
of
t
h
e
nt
for
.
the Ground L....
for so long s
the Ground L....
is in full force .
the asement
. described herein or
with
nd . ffect; (II)
the ownership. u..
of the Easement Area in connection
.
u..
nd
operation of the Hotel or ny
of the facilities thereon. including, but not limited to. mainten. nce.
.
of the Easement Area to allow emerg.
d.liv.ries. nd tnlah removal; and ( Iii)u..
ncy v.hicular acceaa
to the beach. 2.Mainten. nce. Owner. nd the City, at
theirsole coat and .
repair.
repl8c:
ny
sh. 1I be
e and restore . improvements located
requiredto
maintain,
xpen...
reinafter d.
condition which includ..,but
in the Secured Area as( h.
flned) in good repair .
nd
rbag.
daily.
repairs
is not limited to.
r
e
pl
a
cement
s
All
g. removal
and
mad. by the City or
Own. r shall be substantially equal
to the original qU. lity of
inquality and cia..
description
r
e
pl
a
ced.
A
r
e
pai
r
e
d
or
of the initial improvementsand
the improvements being
reto . nd made a
the apecitk: ations thereof . re described on exhibit C attached h.
p. rt

hereof. Th. City grees to maintain separate meters in ita name for .Iectricity and irrig.
E...ment Area. If Owner and the City fail to perform their
tion . s ociated with the
under
this
paragraph 2. the Hotel Owner sh. 11 h.v.
not the
the right. but
obligations
ys'prior written notice. to correct such condition and to make
duty,upon thirty (30) d.
such repairs or to perform such mainten. nce. and the coat thereof shall be paid by Own.
r
the foregoing provisons of this
promptly after notice of the same. Notwithstanding
2.n.
ith.r Own.r nor the City shall be responsible for repairing or
restoring. any d.mage to the Easement Area or the improvements located therein or th.
negligenceof
Hotel Owner. The repair or restO"' ltion
reon caused by the acta. omissions or
rformed at the sole coat .nd expen..of Hotel Owner.
of . ny such d.mage shall b.'
p.
pair or r. storation for such damage, the Own. r
If the Hot. 1 Owner fails to make such r.
sh. 11 h. v. the right, but not the duty. upon thirty (30)d.ys'prior
reof shall be
writt.n notice. to make such repairs or restoration, and the cost th.

paragraph

by Hotel Owner promptly after notice of

at ita sole coat and .xpen.. sh.1l be responsibl.
ment Area to the same .xtent .

paid

thesame. 3. Security. The City,

providing police protedlon for the E...

for

the City provid. s police protection to the sunounding . m.

have
shall the right to control ccess in and to that portion
of the Easement Area described in exhibit D ttached
. h.
reto and made a p.rt
hereof ( the Secured
.
sundown and before sunrise by locking and unlocking all of the
" Are., fter
fences and gates instal ed as part of the improvements in the Easement Are.,subject to the City' s
right to open
fences or gates from time to time for gov. rnmental
such
purpoe...
The City and Owner cknowl
. edge that Hotel Own.

Notwithstanding

rhas

the foregoing, Hotel Owner

unlimited

accesa

ire: I

7362f[(III
)

4. Indemn~.The Owner and City shall indemnifY and hOld the Hotel
for T
" enant Indemnitlecl Parties" with
defined in the Ground
IndemnifiedP8It! (..
Owner es
Lea..
the referenc:8S to " 1enant" in such definition being, for purposes of thls paragraph
hannleu from all loss, coat. liability, claim, damage
"
Owner")
4.
ret'
Mtnces to Hohii
and expense ( including, without limitation, reasonable attorneys' fees and
disburtements), penalties and tines, incurred in connection with or arising from any acta,omissions
or negligence of the Owner or City made in ita or their proprietary capacity or any person
or other entity claiming through or under the Owner or City (In their proprietary capacity
only) in,
about or concerning the Eaement Aru,except to the extent any of the foregoing
is caused by the grou negligence or willful miaconcluct of any of the Hotel
Owner Indemnified
Parties.PUl'

luant to

IndemnifY and
the preceding paragraph, HoWl Owner lIla.

hold the Owner Indemnified Parties ( a detlned in

Indemnified Partleai hannleu from all loa, coat. liability,

GroundLN.. for Owner

"
the
claim, damage
and
expen.. (
Including, without limitation, reaonable attorneys' fees and disbursements), penalties
and
incurred in connection with or arising from any acta,omilalons or negligence of
tin..,
Hotel Owner Indemnified Parties, in,about or conceming the Easement Area, except to
the extent any of the foregoing ls caused by the grou negligence or willful miaconduct of
any of the Owner Indemnltled
Parties. The Indemnities described in this

SectIon 4 shan survive the tenninatlon

of
this AgAlament 5.
Easements and Covenants Run
with the lMd. Each and
all of the easements, covenants, obligatlona and rights granted or created under the
tenns of this Agreement are appurtenant to the Property and the Easement
Aru.The provisions hereof shall run with the land, shall be binding on and shall inure to the
benefit of the parties hereto and the general public, and, subject to paragraph 7,
below, may be waived or modified only by written inatrument executed by the
in recordable fonn. e.
Perfon ance at Each Party' s
Sole
Cost
Unl
e
u
otherwi..
provided
In
and ExDenle.
expreuly
this Agreement, when either party exerclaea any
ofita rights, or rendel' l or performs any of ita obligations hereunder, such party shall do so
at ita
parties

sole cost and expente. 7.

Termination. On the date hereof, theAl exists
public accau to the
Atlantic Ocean beach from (I}
17th Street.
Miami Beach, Florida and (
II}
15th Street, Miami Beach, Florida ( each an " Aeeesl Areai and it Is a condition
of the easement described herein that both
ofthe refentnced beach accau are..
remain open to the
public at all times after sunrise and until sundown, except for a temporary closure
in the ordinary course of business or a temporary closure
for reasons of force
majeure. If either Access Area closes for any reason (other than a temporary closure in
the ordinary course of business or a temporary
closing for force majeure reasons),
the

easement

m: I

7362fro

WIn"and be of no further force or effect. including, but not limited to,

the termination of the rights of third partieS. At the Hotel Qwner' s request. the Owner and
City wID execute such documentI, in recordable fonn, as necessary to reflect such

112 autQrnatl
~c8lly

IN WlTNESS' VVHEREOF this

tennination.

firstabo\

Agreement hu been

executed

u of the date

M ..,

0718/17/
M MIAMI

Itten.

By:_~

ATTEST:

r Robert
~

Parcher

Secretary

By:w.
~~

ATTEST:

BEACH

k Robert
Parcher City

REDEVELOPMENT AGENCY
K~..;~'
By:
FORM

Cleric

AP ROVED l GAL
AGENCY

DE
1.

ByDate

MIM2t10.

REDEVaOPMENT
APPROVED J#

ii;

t: I

736zrro

114 JOINDER AND

CONSENT MBREDEVELOPMENT,
foregoing euement

INC..hereby

joins in and consents to

the

Agreement MB REDEVELOPMENT,

INC.
By;

Secletary STATE OF

licenses ..
Florida drlv....

FLORIDA The foregoing

was cknowledQed
,

instrument

1998,by7~

dat
th~

me
1+01 '{

before

in .
as~' '/;
MB
Secretary,
of
I'a~
C:A, tW,and ~
corporation. They are personally known
.
corporati
o
n.
Fl
o
ri
d
a
on behalf of uch
REDEVELOPMENT. INC..a
valid
or produced
to me

of

Q)

identficaon.

L...?

COUNTY OF

DADE

i:,

u' Jj Notary
Doo ().
of)
jj I
Pr
i
n
t
o,. Name:
Florid cA
(/ P~
o~
'

I
Gon

J
;

Public, ~

ta..
W

HotEL LE~

f~: I

117

DESCRIPTIO.

7362no

PARCEL

3 F' EET ( AS MEASURED

AND THE
NORTH 21.
3 NIJ 16
II' LOTS
F'
17.
BLOCK
5!.
NIJ
2
LI
N
ESl
LOTS
OF
LOT
ONG
At.
BEACH, ACCORD~ TO THE PLAT THEREOF'
At.
TON
SUBDIVISION
OF'
FIRST
S
ISHER'
2,PAGE 77.
FILED F' OR RECORD IN PLAT BOOK
AS
WITH: THAT CERTAIN PARCEL OF'
TOGETHER
LORIOAl
F'
COUNT
V
,
OF'
OADE
RECORDS
THE
OF'
PuBLIC
LNlO DESCRIBED ~
OVE;
TO
TIo4E
ADJACENT
AHO
VING EAST OF'
LNIJ L
SOUT.. LINE OF'
THE
SOUTH
BV
SAID LNIJ BOUNDED ON THE
ON THE NORTH BV
THE ABOVE DESCRIBED PARCEL EXTENDED EASTER\. V BOUNDED
EASTBV
EASTER\.V BOUNDED ON THE
EXTENDED
PARCEL
OESCRI
B
ED
NORTH LINE OF' THE ~OVE
THE
BOUNDED ON THE WEST
NIJ
ATLNol
T
I
C
OCENol
TIo4E
OF
LINE
Io4IGH
WATER
THE MENol

THE

BV

EAST LINE
NORTH
11, 12 NIJ
2 AND 3 ~OREMENTIONED. PARCEL IV: LOTS g.la,
OF SAIC LOTS
OF'
BLOCK
56
13,
LOT
OF'
Va
NORTH
Va OF' LOT a NIJ THE
At. TON BEACH
SUBDIVISION OF
FIRST
F'ISHER' S
TOWNSHI
P
SOUTH. lUNGE 42
53
34,
RACTIONIiL SECTION
FLORIOA. A SUBDIVISION IN F'
AT
P\.
THEREOF,
EAST, ACCORDING TO THE

RECORDED

IN

RECORDS OF DADE
THE PUBLIC
PLAT BOOK 2.AT PAGE 77,
IN
LOT..!&
OF
CORNER
N
O
R
T
H
E
A
S
T
AT
THE
OF'
V:
BEGINNfIlG
PARCEL
COUNT V F'
LORIO",
BEACH.
OF'
TON
At.
SUBOlVISION
BLOCK 56 OF FISHER' S F' IRST
SUBDI
V
I
SION, RECORDED
THE S_
IS SHOWN MARKED AND OESIGNATED ON A PLAT OF' SAID
AS
Of'
THE OFF' ICE
IN
AT PAGE 77,
2.
BOOK
IN PLAT
FOR DACE COUNTY. F' LORID'" THENCE RUN
0
THE CLERK OF' THE CIRCUIT COURT IN .,.,
L. INE OF
NORTH
IN AN EASTER\. V DIRECTION ALONG THE
HIGH WATER LINE OF' THE ATLNolTIC OCENol: THENCE RUN
PROOUCED TO THE
56.
BLOCK
OF'
g
LOT
D HIGH WATER LINE
IN A SOUTHER\. Y DIRECTION MENIOERING S.-,
OR MINUS TO A POINT,
P\.
us
EET
0!
F'
76.
A DISTANCE OF'
COURSE WITH THE
SAID POINT BEING AT THE INTERSECTION OF THE LAST lIENTIONED
THE HIGH WATER LINE
TO
PRODUCED
56
CENTER LINE OF LOT a OF BLOCK
DIRECTION ALONG
WEST
E
RL
V
IN
RUN
A
THENCE
OCENla
OF THE ATLNolTlC
OF
WATER LINE
HIGH
BLOCK 56 PRODUCED TO THE
SAID CENTER LINE OF' LOT a,
CENTER
SAID
DI
R
ECTI
O
N
ALONG
V
A
WESTERL
THE ATLNolTIC OCENolI THENCE RUN IN
LINE OF'
BLOCK ! I PRODUCED TO THE EAST
LINE OF' LOT a.
58, AT ITS INTERSECTION WITH THE CENTER LINE OF LOT
BLOCK

a,

w'~~~~

4V~~ -,~~

PARCE~

JI ~~:

r..~~

7362rfO

BECiINNlNG AT THE SOUTHEAST CO~ NER OF'

LOT 10.
IN BLOCK
FISME~'
S
THE
PLAT
Sl"
ENTITLED
"
SUBDIVSION or ALTON
10WN 3v
FIRST
5
P~.
ECORDED
BOOK
o
PLAT
2,
BEING
~
IN
PAGE
T
AT
S....

118

56 .

BEACH".

1.
PUBLIC ~ ECORDS OF'
OADE COUNTY. F'
0RIOA. RUN
77. OF THE
DI
R
E
C
T
I
O
N
THE
(..
AlONG
LINE
Y
sf
or S....
O LOT '
A
NORTHERI
.
0,
IN .
NORTHEAST CORNER O.OT ' 0; THENCE RUN
OF' 50. 7 rEET
TOTHE
DISTANCE
IN
Y DIRECTION AlONG THE NORTH 1.1,.
AI' 4E4STERL
e; OF' 5....
10, PRODUCED E4STERI. Y TO
0T
THEHIGH WATER
0 1.
AI' 471:
OCEAN. THENCE RUN ~ A SOUTHfRl. Y DIRECTION, MEANDERING
LINE or THE . TI.
PLUS
O.
7 FEET.
OR WlUS.
S.4IO HIGH WATER LINE A DISTANCE OF '~
TO A POINT; THENCE RUN IN A WESTERl.

Y DIRECTION

1.
0T
10. IN BLOCK
ALONG THE SOUTM LINE OF
56,
PRODUCED EASTERl. Y.
THE SOUTH III or LOTS 8
PARCEL
VI:
TO THE
POINTor BEGlNNNG.
L OF LOTS 7 AND 4
AND ' 3 AND ....
' , LESS
THE SOUTH 12.
6! 1 FEET Of' S. 4IO LOTS
7 ANO ' 4. TOGETHER WITH THAT PIECE or PARCEl. OF'LAND LyING BETWEEN
THE NORTH AND SOUTH BOUNDARIES OF SAID PROPERTY EXTENOlNC EASTWARD TO
THE ATLANTIC OCEAN.....
L LYING Al'40 BE~ G IN BLOCK !
OF
Ie,

FISHER' S FIRST SUBDIVISION OF

ALTON BEACH,
CCORDING TO THE PLAT THE~ Eor,AS RECORDED
or THE
PUBLIC RECORDS
IN PLAT BOOl<2.
AT PAGE n.
OF DADE
COUNTY. FLORIOA. PARCEL VI"THAT PORTION OF AVENUE C AlK/
(
A 18TH STREETI AS SHOWN IN riSHER'S
rlRSTSUBDIVSON or ALTON BEACH, RECORDED AT Pl.
AT BOOIC 2.
AT PACE 77, OF TM[ PUBLIC ~ECORDS OF DADE COUNTY,
FLORIDA. AND ITS EASTERLY EXTENSION BOUNDED ON THE WEST

BY THE EASTERl. Y RlGH: T- OFWAY

LINE or COLl. INS
AVENUE
BY THE
AND BOUNDED ON THE EAST
EROSION CONTROL LINE.
ALL OF' WHICH IS MORE PARTICULML Y DESCRIBED AS FOI. LOWS:
COMMENCE. AT THE NORTHWEST
CORNER or
LOT
11, BLOCK 56. FlSHE~'
S FI~
ST SUBDIVISION 0'ALTON
BEACH, Pl.AT BOOK 2,
AT PAGE
77,OF THE
DUBLIC RECORDS OF DADE COUNTY, FLORIOA, SAID POINT BEING THE
POINT OF BEGINNING. THENCE NORTH a8 DEG~EES
00
MINUTES
4g SECONDS EAST ALONG THE NORTH LINE OF SNO
BLOCK ~I Al'
4D ITS EASTERLY EXTENSION rOR ,. DIST ANCE OF 571.
20
FEET
TO THE POINT OF INTERSECTION
WITH THE E~
OSION
CONTROL LINE OF THE ATLANTIC OCEAN; THENCE NORTH 8 DEGREES 54 MINUTES
5.
3 SECONDS EAST, ALONG THE EROSION CONTROl. LINE FOR A
DIST ANCE OF
28 FEET TO THE POINT OF INTERSECTION WITH
71.
THE
EASTERL Y EXTENSION 0'THE
SOUTH LINE OF BLOCK 55 OF THE ABOVE MENTIONED FISHER' S
FIRST SUBDIVISION
OF
ALTON
BEACH. THENCE
SOUTH sa
EES 00 MINUTES 4g SECONDS WEST, ALONG THE SOUTH LINE or SAID BLOCK
DEG~
55 Al' 4D ITS
EASTERLY EXTENSION F'

OR

itt: I

7362flO
122EXHI1lIT

Me"

DESCRIPTION or IMPROVEMENTS
INCLUDING PLANS AND SPEcmCAnONS

n.... WlNI:AND Sp. rm~ATlnN.

Prepued by BndIbaw Gillllld AAoeiata .

A-"
t."
Pe

Arcbitec1l1.
)

A.....,.~,.

L4 Soutbwest Layout I Gradiq PIaD.daIed July

24, 1996 L5 Soutbeut Layout I Gradiq PIm
daIed July
1996L8 Sou~HaIdIcape Materia1s
24,

PIm

deled

1996 L9 Sou~
July 24,

HInIcape

Malaiala

PIm daled July 24,t996 2.

PI.......
LP3 Soudlwest PImIiDa PIaD.deled
Auaust', 1996 LP4 Soudleut PIaDtiq

PIm deled
AllIUIt',1996 LP7 Gencra1
Specificatiou deled Auaust',1996 3. ,............
13 Soudlwest Inip_ PIm daled Auaustt6,1996 14 Soudleut lzripliOl
Plmdeled

1996

t6,
Auaust

16
IniI'liclIlPIm daIed Auaust t 6,
1996 nNlJlR ~ bIJl...
NOleS, LqClld &: Coasuuc: liOll OcIails
ver
me1ric by
_
Module E249 taD I oranae browu
/
C.M. W 8
P.

lIuD
l,

1/
2"
wide qe

Tumbled

of

2 3/ 4
x 8

1/
2 tumbled
..
plaza

paver E249

C. M

widl

bidden

conctele

curb al edle (

are.where conaele curb isDOl shown ).

2.
ht

'..,
FI~
tarH

12

lt Metal Halide Pole MOI led liahls Be8.116387

(
wbite).
fOOl heiahl. 3.
100 w.
Poles al12
t.
Decorative . 1umiDum
DHenttva C.
pin uuI DI&
IOIIIY collllllll'.
4.
Trash RH., t.&!
I..
2 trash fC eplICles/ ssb __Dura
Art Stone n.
J mOWld casl stone 30:
diameter lOp

x
I

sancl ray

36"

hI.With

nallln1 finish,

Model II

S.
TR- J-

3 DOrdic:
\ cream colorwith
medium sandblast fiDisb 1ri1b S-

COmbiDaliOD

trash

lid

7362f[ O

12J '

i:
XHlRIT" C. t ..

DESCRIPTION OF IMPROVEMENT
PLANT LIST - SECURITY AREA )
AI~I rnMMnN NA.!\
RS
RnT"'~

OUA.NTITY

eDWJiData

HEIGHT

PAI.M~

TR"'~
S"

PUAn

CalophyUum bruiliease
Brazi1iaDBeaulyleaf tS
CocOl l Cifera "

Malaym

Green
Palm 8

I{~
14-

Coconut

16' 10- 12'

Full canopy
2@2;

Livistona chiDetlia

I@S;

4@4; 2@6

Noronhia

bardpeywood t4'

Full
12'

16'10-

c.
lMatched 14-

RJ:".&
D:

T.

TRUNIC C,

canopy 319

GiaDe'

Giant LilytUrf

HR1JB.

GROtJ'

4ll IE
.

44

Pittosporum

tobin" Variesata"

NDCO"'R..
lIl

Chrysobalal us icaco Cocoplum

ariesaled Piaosporum

138 FiCIII benjamiDa "

hedae"W eepiDs FiS

64 Ixon "

69

Nora Grmt" Non

Grant Ixon 242

22-

Liriope m
EverpeeIl

22"Full,
24" O. c.

2224" full

base 24"

20o. c.

10Full, 24" o.c.

c,4"
20- 22"Full, 24"o.
pOlS
O.c.

clump

Ous

Sod .
S.
F..

1530

"

24' 20-

10
22"

12" Full

12"

Uniola
plUlicuJata SeaOaIl

All

sod 10

M1SC~I.
@ IS"O.c.
1

be 51.AUll lStiDe " flora-

...~

4/ 1'

a '~

3/ 2e~

G..

cG 31!

15G~

L>
Li;"
482Gb

DEVELCP"'
LHOi:::.

l C
Certificate of Insurance IIN. date:

1EiH' Pt;

4/

2 BXBIBI'
se:
"
18/
00

CorI\l!
cllO No.:

IDs.

1130 tIantI,OA30339
hI, c.,
Windy Ridp Plrl way, #
tl/lc'-'
of
Inc.2300
illwd </,II aat,."
",
tlflcate
rlr/
orrIyanti
o
ll<
1M
""""
ho/
lhr,
cI1'
Q~
corr/rtr, ~
Thll..
rojlcQ/ f<

OOO01374.doc Prodllcar
BedIer +Carbon

dtJu 1fOt 12n1RQ,

tlol .-

alt.

SRYices,

1I1frmna1'

c""'"
01"

nd

eo

afford.
by the po/

Suile
2900
Bass8otlOI I: Resortl . . Thre. Ravioil Drivo
AtllIIla, GA
30346CCIYO.. .Th.ia ia tv certify that
po!;ei..
1110
of iII....._.
1l0re4 bolow have beoniulJeC1to
beroln
for tho polley periocllndicatlld,nOlWihltandil Y
lb.
lnsIIRd 1\
811\ ed
re<juiremenl. term
Ofcanclit on of ." y
ct atother
cloournel1t ", Ilh respect to whlc.b this certitl..
b.
ios1IocI or
ooo....
may
the polioi..dascribod herein is IUbj<
by
a tv oU lb. _
mlYportIin, tha jl lunnco affardod
I,
_
luUoDs IUd
condltiOl l of INchpolicies.

le.&<

bfllow,11l..

Limits
y have
m.

ltap

Typaof

bll

C.

botol ndllCOd

by paid

rrIoor

Policy

Nuaber

shown

c1aiml,

Elf

JIate0..

LiIIIItI

GaenlL\

allIUty
C~

Cioa1/
,.

1. ......,...

IIu,0CJ1,019192U4
lOlll9 ' 130100 '

HIA 0.....
1 ..........
Ual l\J 541000,
~
000 -...,.
000 .
000,

54.
0081000 Iojuy
~ ,....
Uquo,
0,.......

IJIbUIyl:

AUto
1_)

Co.CALH016SI04S

54,

000,000 1l....
00_
54,

tro

Aaf_ IlIe)2,

DIa&{

500

Att1

l/
14,
30100

L1a1l1l1ty

MyAuta ,_
Emplo_ ",",

ModIlx,<

Ilf.lOlll9 !

000,

000 c:a~
1aod

Limll Work....
uonW_'
ac:o.......-..
C_,....
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UmlIS 0lIII _.
S....
ElIIpI_ IIuI.Co. WLIlC &U41.!2'
913ll/ llO 14. 0(
1I1. llW9
mt>
10,000 _ 4<.._
1!
14,

llf.

"

J....
lJob.,.
k>

000 1llooWIl'"Employ..

000,

54.
CroYmo Plaza MimIl.....,.
000,000 DbooIPallcy Lilli\!0tIJ.,:
I$<
lS Call1Bl Avenue MIami
Boacb FL Loew.RIals,Ine,
llIId MB
PlnDI, Sub.k1I.""'
i...
at AtJiIWoo In Addlti.....
L.......
Redevelopmct, Inc,IIId iT
Acceaaway A.-.
lln. ured, 1lE:
m Caneollal ol Should llIl)'
of the above
describedpollcioo
be ClIIcoUocI before
lb.eocpiratlon data ...""",
r,
tho issuiDa;

llOIlIp8tly ..;11......._
to

tho cortIflcato

boldor.

mail

30

day.

writllul noticeto

l ul ililuro

to
notice &

hllil impo.. tlo

rnailsuch
obllplil l

I\
osotts,

IDs.

Threo

Raw.

ia
Drive, SIll..
2900AI\

OA 3034&- 2149
an...
64/~ 9/

48 3656648266a..

2668 ' 08:

BeeberCUI_
+ IDs. Se\'
Otialo,Ine,

4
GE ~~
_DONOHOE
DEVELOPMENT F. J:
surance
00001030",, 00 Certiftcate of
I.
1,,,,,
fiCQr.
tI1Iti ~..
"" , uptJI rJw

2300
W'\

23/99

Cm;l cafeNo.:

nw ......
IJwwd rl$"
ofirr/
fff....
rim' ""'

t>Imt
tl/."",.

IIDlde.

ady Ride-ParkwaY,

150 AdMta,
luur_T
0\1011
HOIeI CorponIion Holiday HOIJlilaljty
elOllBoa

11/
I_
e d..:

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OA30339

71ru < D1ijc"'. d_

ot
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w.l1li_.
Dr

IIw
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0_""
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" I,.,
i.
to certl~bat
!
... bel_ haYe
tho polic_ ofinI_"" d
n1llRd ocI
_
linn iuued 1D
the l:
....
for rhe policy
in

OIloitbel. _CllVen.....
.

Park
porIo4 Indicolocl,

Corpor.

blohthis

HoMo ..

cIOIcrib.

Thi.

1l-nll....cW>1!
lilY .. qJlirqJcm, CQlldlrion
cenlfI~ may
be IIlu. d ormoy ~
d hereiD is i1Ubjeet

oIhordm: lIllIomlJlitb Nspecl'" "'

of lilY _ or
iIlsurmoc ~ lIy Ibe
pol;";..

n,the

10
_',
all the elI:

oJusiQII'

bld c.

anditiol lof

such pollcln.
LiIIlils

moy

sbo_

he". ...... reclucoc\

by

poidclaim..

EnTrPe
...,or

IuCarrier

PolIcYlIf......
L1aitl
COLCl19mJ" 111111199

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1...
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913M1O
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1545
v BhI:
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h
CollbIsA_ lie
n..,
ee1 Ad4llIcmallulnd.
is AdcIiIional
l oyll him HOIIII Limited ~
RDP

OOO .....r'"
,...... ..~
OlIler: Crowne P1_
f1.City ofMiomi

BeICII Is

ed
MI...
i_
....
B.eh RadevlopmenlApncy;
De".
lIla ...
i
IDlUnocI. The flIllIl"'
tili..
ee1
ore llIcIiIIoIIlllDlllndl
......
.
. dlair
y.,.,..,
DOIIohoe
Shoul
d
the
offloridL
ea....
tIDII
Illy
oflbe
above
dpolicies
...
lopll en. Com"",
IIId
UnIon
PlentenBmk
y;
ocl Cllleelleel ..._
o.
II>
ill or """"'
lbeteo!,the cOftll* ly..,
expIntIOll dIIIIo iMuina
N_

30 ")'
I

mail

wrm-11_10 die
certlt\ CllItl holda',bur
such
failure
ltJmell
Jhall impo...
110

oblljpdoo

or

notice

of

ally
kin41l'

tile
JlO1l

comptUly, itaaJIIIIll

liability
1,._

tatiVeJ. C Ie

or .
HolderCity