You are on page 1of 52

WHEREAS, in order to minimize the

certain

impact to

Loews, the

proposed Agreement

contains

mitigation provisions; and


WHEREAS, RDP has

agreed

to

complete the improvements, originally part of MBRI' s

scope, at its own expense and to compensate MBRI the


costs incurred in the preparation of the Agreement;

sum

15,OOO for

of$

attorney'

s fees and

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

it

responsibility that its General Contractor and


conditions ofRDP' s use of the Easement Area,

is RDP' s

subcontractors and laborers fully abide by the


including, but not limited to,the hours of operation, rules and regulations, mitigation, security
and lighting, maintenance and fencing, as described in
all its

the Agreement; and WHEREAS, the Easement Area will remain restricted to construction access
and use during the above- described term and will be converted into a public pedestrian

accessway

once

the

improvements

are completed; and WHEREAS, the prompt execution of this Agreement will allow, according to
hundred and twenty ( 120)days off the
RDP,to save approximately one
developer' s
anticipated construction schedule;and WHEREAS, the
have

Administration

and

the City Attorney' s office

reviewed

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


COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that
CITY
THE MAYOR AND
the Mayor and City Commission herein approve execution of a License Agreement by
the

attached

and amongst Miami Beach Redevelopment Agency, City of Miami Beach, MB Redevelopment, Inc.and
the
utilization of the 16th Street Public
RDP Royal Palm Hotel Limited Partnership, for
Pedestrian Easement Area for 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.

J/

AS TO

FORM &
lANGUAGE

FOREXECUTION

11 MAYOR ATTEST:
to ~
t_
Ptu~APPROVED

CITY CLERK AttachmentF:\DDJiPlSALL\ Alexandra\Royal

Palm\l6th
St

CMBReIo.

doc

tf

MIL
C .;.

CITY OF

MIAMI

1700 CONVENTION
CITY HALL
miami- beach.
ci.
FLORIDA 33139 http:\\

CENTER

BEACH

DRIVE MIAMIBEACH,

us COMMISION
fl.
MEMORANDUM

NO. '

2'

00 DATE: April 12,


1(.2000 TO:Mayor Neisen O.

Kasdin

and Members

Commission

Manager ~SUBJECf: A RESOLUTION OF


\./
FROM: Lawrence A.Levy, City

of
the City

THE MAYOR AND THE COMMISSION OF THE CITY


OF
EXECUTION
RATIFYING
THE
MIAMI
BEACH, FLORIDA
OF

A LICENSE AGREEMENT BY AND AMONG THE


REDEVELOPMENT AGENCY, MB REDEVELOPMENT, INC.AND RDP

ROYAL

PALM

HOTEL

LIMITED

FOR

PARTNERSHIP,

THE

UTILIZATION OF THE 16TH STREET PUBLIC PEDESTRIAN EASEMENT


AREA FOR CONSTRUCTION ACCESS TO

THE ROYAL PALM CROWNE

PLAZA HOTEL SITE,


FOR

A LIMITED TIME
DURING

PERIOD

CONSTRUCTION. RECOMMENDATION Adopt the Resolution. BACKGROUND & ANALYSIS In connection with the

Ground

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

Agreement

between

Miami Beach Redevelopment

RDA"),the

Royal Palm Hotel site. On January 26,the City Commission directed


the Administration to seek a renewal of the negotiationsof between the Loews and Royal Palm
the J'ublic Pedestrian Easement Area
Crowne Plaza Hotels to agree on a mutually acceptable use
north

of

the

Street, for the Royal Palm's construction access needs.It should be


noted that earlier discussions between MBRI and RDP to utilize the Easement Area failed to produce
via
the City's rightagreement,
resulted in RDP' s alternative proposal to gain access to its site

at

16th

an which
way at 15th Street. Subsequent to the public' s negative response
ofthis proposal at the above referenced January 26 Commission meeting, the Administration
seek
the two
a

to
was directed to

of

renewal

thenegotiaons

betwen

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 equipment deliveries and unloading through the
16th

Street Public Pedestrian Easement Area,to

expedite the Hotel's construction schedule.

negotiations, a License Agreement ( the " Agreement''), herein attached, has been
' the RDAlCity, as Owners, MBRI and RDP. The Agreement grants a
drafted to be executed by
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
(
March
Hotel or, b)
31,2001, plus sixty days for completion of the improvements to
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 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

result of the

of MBRI' s scope, at
15,
000
for
attorney' s fees
sum
of$
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

mitigation provisions.

RDP

has

agreed to complete the improvements, originally part

with

is RDP's responsibil ty that its General Contractor and


all its subcontractors 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,
the improvements to

mitigation,

the

security

Easement Area.It

and lighting, maintenance

and

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

pedestrian

according
accessway once the improvements are completed.The prompt execution of this Agreement will allow,
days
120)
to RDP, to
save approximately one hundred and 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
Limited Partnership, for the utilization of 16th Street Public Pedestrian Easement Area for
Crowne
construction access to the

for
periodduring

Royal

Palm Crowne

Plaza Hotel

alimited
time
construction.LAL/

fc~
CH2\ ~ SYS\ DDHP\SALLWeundra\
C'f:

site,

RESOLUTION NO.

347- 2000 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF

THE MIAMI BEACH REDEVELOPMENT AGENCY AUTHORIZING


THE CHAIRMAN AND SECRETARY TO EXECUTE A LICENSE AGREEMENT
BY AND AMONGST THE REDEVELOPMENT AGENCY, CITY OF
MIAMI BEACH,MB REDEVELOPMENT, INC.AND RDP ROYAL PALM
OF

HOTEL LIMITED PARTNERSHIP, FOR THE UTILIZATION

THE 16TH

STREET PUBLIC PEDESTRIAN EASEMENT AREA FOR CONSTRUCTION


ACCESS TO THE ROYAL PALM CROWNE PLAZA HOTEL SITE, FOR
A LIMITED PERIOD OF TIME

Ground Lease Agreement between the


the City of
Miami Beach ("City"),
and MB
Miami Beach Redevelopment Agency ("RDA"),
Redevelopment,
Inc. MBRI"),
was
that
Easement
Agreement
provides the general public
executed
an
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

January 26, 2000, the Mayor and


City Commission directed the Administration to seek a renewal of the negotiations between the Loews
Pedestrian
and Royal Palm Crowne Plaza Hotels to agree on a mutually acceptable use of the Public
Easement Area at 16th Street, for the Royal Palm' s
site;and

construction

on

WHEREAS,

access needs;and

WHEREAS,

the Administration

coordinated

series of
of the Loews Hotel,
a

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

Hotel,to access the Royal Palm construction site

equipment

and

deliveries,

for
Pedestrian

unloading through the 16th Street Public

construction material
Easement

Crowne

and

Area, to expedite the

Royal Palm Hotel'


s

construction schedule;

Agreement ( the "Agreement"),herein


MBRI and

a result of the negotiations, a License


been drafted to be executed by the RDAlCity, as Owners,

and WHEREAS, as
attached,

has

RDP;and

the Easement Area for


the issuance of a certificate

construction

2001, plus
31,

days

sixty

improvements

Area

are

WHEREAS,

related purposes

of

of

occupancy for

the

Royal

period

that shall terminate

on

the earlier of a)
(

Hotel, or b)
( March

Palm

the Easement Area; and WHEREAS, the improvements to the Easement


to consist of decorative interlocking pavers,landscaping, irrigation,
to

the

Easement

decorative features;
Area will

other than the Loews Hotel;and


to

for a

for completion of the

lighting, and other


plan,the use

the Agreement grants a license to RDP to utilize

Loews,the

proposed

and

WHEREAS, unlike

the

formerly

proposed

15th Street access

have no impact on neighboring properties

WHEREAS, in

order to

minimize the impact

WHEREAS, RDP has

agreed

to

complete

the

scope, at its own expense and to

and costs incurred

in

compensate MBRI the


the preparation of the

Agreement; and WHEREAS, in return,

MBRI

improvements, originally part of MBRI' s

sum

the Easement Area; and

its

and

but not limited

laborers fully abide

attorney' s fees

reimburse RDP, in the

in connection

it is RDP' s

for

with the improvements to

responsibility that its General Contractor

of the Easement
of operation, rules and regulations,
mitigation,security and lighting, maintenance and fencing, as described
Area, including,

subcontractors

WHEREAS,

15,000

has agreed to

$
amount of 72,
000,toward the costs incurred by RDP

and all

of$

by the

conditions ofRDP' s use

to,the hours

in the Agreement; and WHEREAS, the Easement


access and use during the above- described term and

pedestrian

accessway

once

will

Area

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


1(
20) 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


authorize the Chairman and the Secretary to execute a License Agreement by and amongst
the Redevelopment Agency, City of Miami Beach, MB Redevelopment, Inc and RDP Royal
Partnership,
Palm Crowne Plaza Limited
for the utilization of 16th Street Public Pedestrian Easement Area for
construction access to the Royal Palm Crowne Plaza Hotel site,for a

limited time period during

construction. PASSED AND ADOPTED

THIS

Royal

12th DAY OF APRIL,

2000.

If(!

Palm\16th 51
RDARe. o.
doc Chairman

ATTEST:

lwt
r

YeLLC.

lL'--'
Secretary

Attachment

CH2\

SYS\

DOHP\SALL\ AJexandrl\

TO

APPROVED AS
FORM &

it

lANGUAGE FOR EXECUTION 1{(


t1{~
Red~!

opm~"

t
ge~

,
A.

niami Beach
ITY HALL

FLORIDA

Redevelopment Agency

1700 CONVENTION CENTER DRIVE MIAMIBEACH,

ci.
miami- beach.
33139 ttp:\\

fl.
us REDEVELOPMENT AGENCY

NO.

MEMORANDUM

CO 2
Lawrence

2000 FROM: Chairman


DATE:April 12,
and Members of the

Y-

Board of

the Miami

Redevelopment

Beach
Agency

A.
Levy ~Executive Director ~TO:SUBJECT:A

RESOLUTION OF THE

CHAIRMAN AND MEMBERS OF THE MIAMI

BEACH

REDEVELOPMENT

AGENCY

AUTHORIZING

THE

CHAIRMAN

AND

SECRETARY TO EXECUTE A LICENSE AGREEMENT WITH MB


REDEVELOPMENT, INC.AND RDP ROYAL PALM HOTEL LIMITED
FOR

PARTNERSIllP,

THE UTILIZATION 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

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 ("

City of

the City Commis ion directed the Administration


On January 26,
Palm Hotel site.
Royal
between
the
Loews
and Royal Palm Crowne Plaza
negotiations
to seek a renewal of 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 rightof- way
which resulted in RDP' s alternative proposal to gain access to its site via the
to
proposal
s
negati
v
e
response
15t
h
to
the
this
at Street. Subsequent
public'
Commi
s
si
o
n
meet
i
n
g,
the
Admi
n
i
s
t
r
a
t
i
o
n
was
to seek a
the
January
26
above
referenced
directed
at
ofthe
renewal
betweenthe two
negotiations
earlier

discussions between MBRI and RDP to

parties. -?

I-

The Administration coordinated

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
a

series of meetings to

construction site for construction material and


16'

schedule.

renegotiate

equipment deliveries and unloading through


to expedite the Hotel' s construction

the

h Street Public Pedestrian Easement Area,


a result of

Agreement"),herein attached, has


the negotiations, a License Agreement ( the "
been drafted to be executed by the RDNCity, as Owners, MBRI 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 31,2001, plus sixty days for completion of the improvements
to the Easement Area. The improvements to the Easement Area are to consist of
features.
Unlike the 15th
decorative interlocking pavers, landscaping, irrigation, lighting,and other decorative
Street 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
As

certain mitigation

provisions. RDP has

agreed

to complete the improvements, originally

of MBRI' s scope,
the sum of$
15, OOO for attorney' s fees

at its own expense and to compensate MBRI


costs incurred in the preparation of the Agreement.

and

in the amount of

part

In return,MBRI has agreed reimburse RDP,


by RDP in connection

72,000,toward the costs incurred

with
the improvements to

the

Easement Area. It is

RDP's responsibil ty that its General Contractor

and
its subcontractors 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
all

fencing, as described in the Agreement. The Easement

access and use during the above-described


public

term

Area

will

and will be

remain
converted

restricted to construction
into a

pedestrian

accessway once the improvements are completed.The prompt execution of this Agreement will allow,
according
to RDP, to
appr
o
xi
m
at
e
l
y
one
and
1
20)
days
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 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
Street Public Pedestrian Easement Area for construction access to the Royal Palm Crowne
Plaza Hotel site,

for
limited

a
timeperiod

duringconstruction.

LAL/

8Jt~CH2\~ sYS\ DOHP\ SALL\Alexandra\

LICENSE AGREEMENT

151' day
AGREEMENT ( the " Agreement") is made and entered into the
of
tv.2000,
~ ' by and between MIAMI BEACH REDEVELOPMENT AGENCY, a
" CITY OF MIAMI BEACH, a municipal corporation of the
public body corporat and politic ( the Owner").
MB REDEVELOPMENT, INC.,
State of Florida ( the "City"),
a Florida corporation (" MB
LI
M
I
T
ED
PARTNERSHIP,
a Florida limited
Redevelopment"), and RDP ROYAL PALM HOTEL
THIS LICENSE

partnership ("
MB Redevelopment is the lessee of certain real property lying, being, and
A.
"
situated in Miami- Dade County, Florida (the Loews
Hotel Property") pursuant to that certain Agreement
of Lease entered into by and between Owner and MB Redevelopment, and joined in by the City to
Official
dated September 20, 1996 and recorded
in
the extent provided therein,
RECITALS:

RDP").

Records Book 17360,Page 4753, of


Lease"), pursuant to
"
Beach Hotel (the Loews

Ground

"
County,Florida ( the Loews

the Public Records of Miami-Dade

which MB

among other things, operating the Loews


Redevelopment is,

Miami

Property. B.In accordance with Article 21 of the Loews


executed that certain Easement Agreement dated
the
Ground Lease, Owner and
City
20, 1996 and recorded in Official Records Book 17362, Page 109,of
September
" Agreement"),pursuant to which an easement was
the Public Records of Miami-Dade County, Florida ( the Easement
granted to provide the general public with pedestrian access over the Easement Area (as defmed
on the Loews Hotel

Hotel")

in the Easement Agreement) between Collins Avenue and the Atlantic Ocean beach
and within the Loews Hotel Property, a copy of which Easement Agreement

along

the southerly boundary of

C.
attached hereto and made a part hereof as Exhibit A.
RDP is the lessee of the
the
Loews Hotel Property (the "
of
that certain real property located immediately to the
south
Crowne Plaza Hotel Property"), pursuant to that certain Agreement of Lease entered into by and between Owner and RDP,
provided therein, dated October
in by the City to the
and joined
extent
21,1997 and recorded in Official Records Book 18170, Page
893,of the Public Records of
is

County, Florida ( the Crowne


" Plaza Ground
the process of constructing the

Miami- Dade

things,

in

Lease"),pursuant to which

RDP

is, among other

Palm Crowne Plaza Hotel the


( "Crowne Plaza Hotel")on the Crowne Plaza Hotel Property.

Royal

D.

of Crowne Plaza Hotel, RDP, the Owner, and the City desire that RDP
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
To facilitate the construction

the

grant RDP

to facilitate such construction, subject to the


set forth. NOW THEREFORE, for and in consideration of the
made and other good and valuable consideration, the receipt
such license

and

suficency

and conditions hereinafter


mutual promises and agreements herein

terms

I.
herein

as

if set

Incorporation of Recitals.
forth in full.
License.
2.

O~ er,

The above recitals

are

true and correct and are

the City, and MB Redevelopment hereby

grant

incorporated

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 this

Agreement.

of this Agreement shall commence on the date hereof and,


(
)
the issuance of
with this Agreement, shall terminate on the earlier of a

3.
Term. The term

unless earlier terminated in accordance

a final certificate of occupancy for the Crowne


Term"),
subject
to the additional sixty 60)
(day
defined)

as hereinafter

Plaza

Hotel or

period

(
for

b)March

31,2001 ( the "

completion of

the

Improvements (

as

described in Section 7(
d),
below.4.Permitted Uses of Easement Area. During the
for
the purpose of deliveries and unloading of material,
RDP
may
the
Easement
Area
Term,
solely
utilize
equipment, and personnel to
and from the Crowne Plaza Hotel Property. The Easement Area may not be used
e.,
30 p.
m.)parking
RDP
and/
or
agents
after 7:
by
its
for overnight ( i.

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
or

storage.

termination of the Easement

Agreement,

this Agreement shall automatically

terminate without

further notice

or instrument.

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

of

the Easement Area for purposes of the Easement

Agreement. To construct the Crowne Plaza Hotel,


"
GC").It is RDP' s responsibil ty
general contractor ( the RDP
has
to ensure that the RDP GC and all of its subcontractors and laborers ful y understand and abide
by the conditions of RDP' s use of the Easement Area and cooperate with MB Redevelopment'
RDP

engaged

The Clark Construction

Group, Inc. as

its

Easement Area for their respective purposes. 5.Rules and RelZUlations. During the
Term, the following policies will govern RDP' s use of the Easement Area, with such policies subject
sole discretion, any
to reasonable nonmaterial change from time to time at MB Redevelopment' s
use of the

such changes to
be

effective upon

and the RDP

GC may

written notice to RDP:i.


Hours of Operation: RDP
m.to
only during the hours of 7: 00 a.

days' prior
seven ( 7)

utilize

the

Easement

Area

30 p.
m.,seven (7)
days per week. No exception to this timeframe will
7:
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 use
in order to operate events or
of the Easement Area for hours and days as may be necessary
conditions: (A)If the use of the
maintain the Loews Hotel Property,subject to the following
will be for two (2)hours or less, then MB Redevelopment shall give RDP at
Easement Area by MB Redevelopment
If the use of the Easement
five
(
5)
days'
prior
written notice; and ( B)
least

Area

by

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
use
any such use by MB Redevelopment, RDP will
good faith commercially reasonable efforts to
to
accommodate a request by MB Redevelopment even if minimal notice is given by MB Redevelopment
to
RDP. In addition, RDP will use good faith commercially reasonable efforts
accommodate a request
by Owner and/ or the City for access to the
at

least ten (

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

pay

to

MB Redevelopment. as

liquidated damages and

not

as

OF VIOLA

the following amounts:NUMBER

penalty,

nONS AMOUNT

OF

LIQUIDATED

46
-

DAMAGES

times

times

9 10
times 500. 00 per occurrence 1 000.
,
00

per

occurrence

times

3,

000. 00 per

occurrence 5,000.00 per occur ence IfRDP and/or the RDP GC violate the permitted timeframesmore than ten (
10) times, then RDP shall be deemed to be in default of this Agreement, and MB Redevelopment,

the Owner, and/ or the City,as the sole remedy, shall have the immediate right to terminate
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 permitted timeframes. The liquidated damages payable pursuant to
this
Section

5.
i are

s receipt (or refusal of delivery)

of

payable by

written

notice

RDP

within thirty (
30) days after RDP'
Mitigation Program: RDP

from MB Redevelopment. ii.


Construction

shall implement

and

maintain,at its

expense,

for the duration of

the

Term

the following program

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

the

Easement

Minimization ofvehic1e idl"ing" in the Easement Area to

e.

minimize

exhaust fumes and

noise, and all vehicles in the Easement Area shall be manned, such that the vehicles can

be

promptly

moved.

f.

Any
Area located

and

Security

access

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

onto the

Lighting:

its expense, at the end of each day,secure the gates providing


east and west ends. If RDP at any time fails to so secure the
have the right, without notice,of securing the gates, and RDP shall

RDP

shall, at

Easement Area at

its

gates, then MB Redevelopment shall


reimburse MB Redevelopment immediately

MB Redevelopment

upon demand for any reasonable expenses, if any,


incurs in effecting RDP' s compliance with this subparagraph, and MB
not

Easement

which
Redevelopment

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

shall

be

relating to lighting. iv.


Maintenance:

RDP' s

RDP, at

its

expense, shall fully

maintain the

Easement Area in connection with

and use of the Easement Area,including,

without limitation, removing all debris on a


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 and

daily

access to

basis. RDP,

debris may affect the Loews Hotel. RDP,


described below.

Entry

v.

onto

at

its expense, shall also maintain the construction fence

Easement Area: RDP may

enter

as

the Easement Area from Collins Avenue.

vi.

Security: RDP, at its expense, shall install an unmanned security gate along the east side
dock
at the St. Moritz portion of the Loews Hotel. The exact location of this
loading
gate as well
its design and fimction is subject to the prior written consent of MB Redevelopment.

of the
as

6.
Construction of Fence. RDP, at its expense, shall install, no later than
thirty (
30)days after the date of this Agreement, a
temporary six (6')foot- to-eight (8')foot high
chain link fence along the north side of 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 fimction is subject to the prior
written
consent of MB Redevelopment. RDP, at its expense, shall maintain this fence in a first-"
class"manner, because the

fence will be viewed

Loews Hotel. Damaged or broken sections, regardless of circumstance


by RDP within three ( 3)
business days after the incident

from

or cause, shall be repaired

the

or notice from
Completion

RDP'
Easement

MB

Redevelopment. 7.

of Imorovements to Easement Area. a)


RDP agrees to construct for MB Redevelopment, at
expense (except as otherwise expressly set forth below), all improvements to the

Area (including, without limitation, walls. curbs, walkway, interlocking pavers, paving,
landscaping, irrigation, lighting, and decorative features)collectively, " Improvements"),as more particularly described in Exhibit
hereof (the "Improvements Plans and Specifications").
B,attached hereto and made a part

RDP

wil

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 (I) year warranty for the
Deadline").

Improvements, such that, fOr a period of one ( I) year from the date of Substantial Completion, RDP
covenants to repair or replace ( if needed) any defect in material or workmanship of the Improvements.
Any improvements

to

the Easement Area

previously

constructed

by

MB

Redevelopment

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
water line and a drain

are no

underground utilities

in the Easement Area except for

a two (

2")
inch

the Improvements, RDP, at its expense, shall remove any temporary


fencing and landscaping, and shaH repaint MB Red velopment' s previously-constructed masonry wall,
consistent with already- applied
colors. RDP, at its expense, shall also repair in accordance with the
original Improvements Plans and Specifications, any damage to the adjacent improvements ( including,
without limitation, the north driveway curb and pavers at the west end of Easement
pipe.

b)As part of

Notwithstanding
the foregoing, in connection with the Improvements,
c)
RDP 7
$2, 000. 00 towards the costs incurred by
MB Redevelopment wiH reimburse
be paid
amount
wiH
the
I
m
pr
o
v
e
ment
s
.
RDP in
connection with
to RDP within
Such
30) days after Substantial Completion ( as defined in subsection (
thirty (
Area).

RDP has not achieved Substantial Completion (


days after
(
Improvements on or before sixty 60)
as hereinafter defmed) of the
Liquidated Damages Deadline"), for any reason whatsoever, then RDP
Completion Deadline ( the "
the Substantial
$
a penalty, an amount equal to 1,
shall pay to MB Redevelopment, as liquidated damages and not as
the
Liquidated
Damages
until
the
each
day
from
per
day
for
Deadline
000.00
Liquidated
achieved Substantial Completion of the Improvements ( the "
date that RDP has
the
the
30)
days
provi
d
ed,
for
foHowing
Liquidated Damages
first thirty (
Damages"); however,that
Deadline, the Liquidated Damages shall be equal to $ 500.00 per day. It is hereby agreed that MB
Redevelopment' s actual damages may be difficult to ascertain and that the Liquidated Damages constitutes
reasonable liquidation thereof and is intended not as a penalty, but as liquidated damages. For each day
Liquidated Damages that may be payable by RDP pursuant to this Section 7(
of
d),the Liquidated
Damages for each such day are payable by RDP within
f)

below) of the

Improvements.

If
d)

In
that each such day' s Liquidated Damages accrue.e)
if
as
addition to RDP' s responsibility to pay the Liquidated Damages
described above,
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
Redevelopment in effecting such Substantial Completion shall be paid to
incurred by MB
thirty (

30) days after the

MB Redevelopment

within

thirty (

date

t) For purposes of this Agreement, " Substantial Completion" shall mean that ( i)
Improvements shall have been completed ( free of construction liens) substantially in accordance with
Improvements Plans and Specifications, ( ii) a certificate ( certified to MB Redevelopment and
Agency

on

that

the
the
the

the standard AlA: certification form) shall have been obtained from the either the architect
the Improvements Plans and Specifications or RDP' s architect of record for the Crowne

prepared
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,
instrumentality 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
C.
9 276(a)),
40 U. S.
as then in force; and the requirements of the Davis- Bacon Act (
if applicable,and the requirements of the City of Miami
Plaza Hotel

RDP' s obligation to construct the Improvements and


Ordinance No. 942960. g)
Beach
provide the one-year warranty therefor shall survive the expiration of the Term or any termination

of

this

Agreement (

whether

by default or

Title to the Improvements


otherwise).h)

and

all portions thereof shall at all

times
remain vested in MB Redevelopment.
8.

and its obligations

Compliance with Laws; Construction

In
Liens. a)

connection with its use

of

the Easement Area

under this Agreement, RDP agrees

applicable Requirements. b)RDP shall promptly pay for all materials supplied and
work 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

to

comply with

all

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
Redevel
o
pment
shall
ten (10)days following written notice to RDP, MB
have the right to remove such lien

discharge

by

bonding

thereof (including without limitation attorneys' fees and


from RDP to MB Redevelopment.
Repair of Dalnal!
9.

RDP
e.

costs

related thereto) shall be paid immediately

wil1 immediately

repair or cause

to

repair

any

damage

to

the Loews Hotel


or any of its
caused by,
subcontractors, laborers, or material
suppliers. Upon receipt of written notice from MB Redevelopment, RDP
three (
3)business days, or such timeframe as may be agreed to
shall complete any repairs within
by MB Redevelopment if repair work is extensive. If RDP fails to perform any of its obligations

Property

through,

or under

RDP

under this Agreement, MB Redevelopment shall have the


notice. to

correct any condition

reasonable costs thereof

shall be

paid

and/

or

by

to

make repairs and/

or the RDP

right,

or

RDP promptly after written notice

GC

the duty, upon prior written


to perform maintenance, and the

but

not

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,
contractors. 10. Indemnity. RDP shall indemnify and hold the Hotel Owner
or
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 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 thegross negligence or wil1ful misconduct of any of

the Hotel
employees, or
paragraph

Owner

Indemnified Parties, or

the

Owner,

the

shall indemnify and hold the


of the Easement Agreement) harmless from all

contractors. RDP

damage and

City,or their
Owner

respective agents,

Indemnified Parties ( as

defined in

loss,cost, liability, claim,


attorneys' fees and disbursements), penalties

expense (including, without limitation. reasonable


in connection with or arising from any acts, omissions

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

and fines, incurred

caused by thegross negligence or wil1fu1


MB Redevelopment or its agents,

is
or

or

misconduct of any of the

Owner

Indemnified

Parties,

MB Redevelopment shall indemnify and hold RDP, its agents,


employees, and contractors harmless from all loss, cost, liability, claim, damage and expense (
including, without limitation, reasonable attorneys' fees and disbursements), penalties and fines,incurred in connection
about,
with or arising from any acts,omissions or negligence of Hotel Owner Indemnified Parties, in,
or concerning the Easement Area, except to the extent any of the foregoing is caused by the gross negligence
or wil1ful misconduct of any of RDP or its agents, employees,
employees,

or

or

contractors.

contractors.

Except to the extent

Parties and the Owner

Easement

Agreement), nothing

responsible to indemnify the Hotel Owner Indemnified


in paragraph 4 of the
each as defined

RDP

Indemnified

Parties (

is

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

contained

in

this

Agreement. The indemnities deseribed herein shall survive

the

expiration of the

Term

or any termination

of this
Agreement.

II.
Insurance.

RDP (

at

RDP'

s expense and/ or the RDP GC' s expense) shall provide


City with a Certificate of Insurance for a policy or policies

MB Redevelopment, the Owner, and the


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 licensed
than 2,
$
in Florida, such insurance to afford minimum protection of not less
000, 000.00 combined single limit coverage of bodily injury, property damage, or combination
thereof. RDP' s insurance coverage obtained in accordance with this paragraph shall include " MB
and the respective parents, subsidiaries, and affiliates of MB
Redevelopment, Inc.,Loews Hotels, Inc.,
Redevelopment, Inc. and Loews Hotels, Inc.,
the City of Miami Beach, the Miami Beach Redevelopment
Agency, and BankersTrust Company, its successors and/or assigns, as Agent"named as additional insured parties
or substantial y modified
to same. Each policy shall provide that it may not be canceled
without thirty ( 30) days' prior written 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 by
the

laws of the State

of

Florida. The Certificates of

Insurance

are attached hereto and made

Exhibit C.12.Defaultand Termination. MB Redevelopment, the


Agreement only for cause, provided that five ( 5)
Owner, and/
or the City may terminate this
( business days RDP can cure
business days' written
notice is forwarded to RDP, in which five 5)
default, unless the cure reasonably requires more than five (5)
business days, in which event RDP
the
have
cure
the
default,
an
addi
t
i
o
nal
reasonable
time
to
provided RDP commences to cure
shall
business day period and thereafter diligently prosecutes the cure to
completion,
with in such five ( 5)
30)
days.
in
addi
t
i
o
nal
the
foregoing,
event
shall
such
Notwithstanding
but
time exceed thirty (
no
times in any period
if
RDP fails to perform any obligation
under this Agreement more than six (6)
ten
(
10)
vi
o
l
a
ti
o
ns
of
r
e
s
p
e
c
t
to
of six 6)
except
with
the
the hours
(months (
above),notwithstanding that RDP has corrected
of operation, as provided in Section 5.i,
any previous failures withinthe applicable cure period, then any further failure shall automatically give MB
Redevelopment, the Owner,and/or the City the immediate right
a part hereof

as

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

notice and cure


period. RDP
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 Owner,
under this
and the City, as applicable, in enforcing any of the obligations of RDP
below, the arbitrator
Agreement. Notwithstanding the foregoing, in the event of an arbitration as described in Section 30,
shall have the power to

award

to the

Expense. Unless otherwise


13.
Performance at Each PartY' s Sole Cost and
expressly provided in this Agreement, when either party exercises any of its rights, or renders or perfonns any
of its obligations hereunder, such party shall do so at its sole cost and
expense. 14.Time. Time is

this

of

the essence of

Agreement. 15.
Notice. Unless otherwise provided herein. all notices and
or are required to be given or made by any party hereto in connection with

other communications which may be


this Agreement shall be in writing and

shall be sent by United States mail,postage prepaid, registered


or certified, return receipt requested, or by overnight express delivery service,to the respective addresses set
out below, or to such other addresses as are from time to time specified by writ en notice
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:
Loews Hotels, Inc.667

Madison

Avenue New

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
Miami Beach
to:

Agency General Counsel


Convention Center

Redevelopment

1700

Drive Miami Beach,


Florida 33139 and:
City

of

Miami Beach

City Manager 1700 Convention


Center Drive
Miami Beach,Florida
33139 with a

copy

to:City

RDP

If to RDP:

c/ o

Palm Hotel Limited

Royal

Partnership
Corporation

Peebles Atlantic Development


100 S. E.2nd Street,

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

Vice

President with

copy to:

Donohoe Development Co.

2101
NW

Wisconsin Avenue,

Washington,

C.20007 Attention:Mr.
D.

16.No AssilZI1I lent. It is agreed by the parties that this


hereby is personal to RDP.No assignment of this Agreement or any
Agreement the
interest therein and no sublicense for any pwpose shall be made or granted by RDP. Except as otherwise
Christopher

and

Development Director

A.
Bruch,

license

granted

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

use of the Easement Area. 17.


Owner'

be construed as

coupled with an
estate of any

license

or

s and City' s

Governmental

Capacity. Nothing

in

or in the parties' acts or omissions in connection herewith shall be deemed in


manner to waive, impair,limit,or otherwise affect the authority of the Owner or City in the discharge
this Agreement

any

power.18.
Remedies Cumulative. Except for the liquidated
set forth in Section 5.
each right and remedy of either
damages provisions
i and Section 7(
d),
party provided for in this Agreement shall be cumulative 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 at
of its

police

or governmental

or in equity or by statute or otherwise. 19. Counterparts. This Agreement


executed in counterparts, each of which shall be deemed an
law

may

be

original but
all of which together shall represent one instrument. 20.Successors
The
agreements,
terms, covenants, and conditions herein shall be binding upon,and insure to the benefit
and Assi""".
of,
Owner,the City,MB Redevelopment, and RDP, and,
except as

otherwise expressly provided herein,

their

respective

successors

and

No
assigns. 21.

Recordimz.

No party hereto shall cause this Agreement or any amendments

hereto or

any memoranda

hereof

to be recordedin any

Public

Records. 22.

MB Redevelopment, the Owner, and/or the City excuse or condone any default by RDP of
under this Agreement, this shall not be a waiver of such obligation in respect
If

of

any continuing

No Waiver.
any obligation

23. Severabil ty. 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

unenforceable provision

or

had

never been included in

Agreement. 24.
Entire
agreement

Agreement:

this

Modification. This Agreement sets forth the entire


the license granted hereby and there are

to subject matter of

between the parties


relating
other
understandings between them relating to RDP' s use of
or
no
agreements
Area.This Agreement may not be modified except by agreement in writing executed by
specifically

the

Easement

the parties. 25.Captions: References. The captions of this Agreement are for the
purpose of 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
hereunder," and words of similar import shall refer to this Agreement, as distinguished

Section

within

the
from

terms "herein, "

the paragraph or

which such

term is

GoveminlZ 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. 27.


Loews Corporation Completion Guarantee.
Notwithstanding anything to the contrary contained in that
certain Completion Guarantee dated
the Owner and the
September 20,1996 given by Loews Corporation in favor of the Owner and the City,

City hereby acknowledge and agree that, Loews Corporation' s Completion Guarantee shall no longer
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

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"
"
Agreement
or any other work in connection with the
not include the Improvements pursuant to this
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
respect to the obligation to construct any
Guarantee. with

the contrary contained

improvements or installations to the Easement Area.Upon written request


and/ or MB Redevelopment, the Owner and the City shall execute any other
instruments reasonably

necessary

to

of Loews Corporation

29.
Attornevs'
to
for

Fees.Simultaneously with its execution of this

MB Redevelopment the sum


the attorneys' fees and costs

000.
of $15,
incurred by

00

MB Redevelopment

Agreement, RDP shall pay


to compensate 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
of

a "
Dispute")shall be resolved by expedited arbitration
as provided in this Section and the Commercial
administered
by
the American Arbitration Association (" AAA")
Arbitration Rules of
the AAA the "AAA Rules")in effect as of the commencement of the
applicable arbitration proceeding, except to the extent the then current AAA Rules are inconsistent with the provisions
of this Section, in which event the terms hereof shall control.The arbitration shall be governed
Agre ment,

the breach hereof

or

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

Code is not inconsistent with the United States

the award entered by the arbitrators may

in

Arbitration

Act

and this Section, and

judgment upon

be entered

court having jurisdiction.

b) Florida.

Any arbitration pursuant to this Section shall

be

any
in

conducted

Miami- Dade County, c)i)


(
shall be conducted by one (
The arbitration

1)
arbitrator in

selected

in

accordance with the AAA Rules for Expedited Procedures, which


accordance with the AAA Rules for Expedited Procedures, and

arbitrator shall be
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)
or

5)year period; (B)


The arbitrator shall be neutral and
construction consultants within the previous five (
independent of the parties to this Agreement and their respective hotel and construction consultants; ( C)
( No arbitrator shall have a
No arbitrator shall be affiliated with either party' s auditors; and D)
conflict of interest with ( including, without limitation, any bias towards or against)a party hereto or
its

then current hotel and construction consultants. d)The

award

of

the arbitrator shall be accompanied

by a statement 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 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 fees and

costs of the arbitrator

be borne equally by the parties. e)


The arbitrator may consolidate proceedings
with respect to any Dispute under this Agreement with proceedings with respect to any related
controversy, provided that any parties to such controversy who are not parties
shall

to

this

t) 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 parties are seeking to avoid protracted discovery in connection with any
arbitration proceeding hereunder.

requires

If a party determines that a Dispute presents such party with an extraordinary situation that
g)
it to seek emergency provisional relief prior to the appointment of the arbitrator who will

Dispute, 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

determine such

provided,
met any applicable standards imposed by the law applicable to the relief requested with respect to such
party's 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 (10)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,
including reasonable
atorneys

fees. 3 I Interest
.

this Agreement not made

pursuant
of a)
( the prime rate in
to

A.,if Citibank. N.A.


shall

not

for Late Pavrnents.

when

due and payable

effect from time to

then

have
City,
or

timeat

an established

prime

shall

bear

payments required to be made


at a rate equal to the lesser

Any

interest

N.A.
or
(
The ChaseManhat an Bank, N.
or
the
prime rate of any major
rate;

Citibank.

as selected by 118 Redevelopment, if none of


percent per
an established
prime rate),plus four ( 4%)
annum, 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
banking institution doing business

the aforementioned banks

shall

in

be

in

New

York

existence

have

and remedies

in this Agreement. 32. Condition Precedent. Notwithstanding anything


to the contrary contained in this Agreement, this Agreement, and the obligations of the parties
hereunder, are subject to the satisfaction, within the time period set forth
provided for

below, of

the following

condition precedent: Within fourteen (

days after the date of


14)
provide reasonably satisfactory evidence to 118 Redevelopment,
shall i)

this Agreement, RDP,at its expense,


the City, 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
cause the
RDP GC are responsible for the Improvements to the Easement Area and ( ii)
RDP GC

to

provide a letter

addressed

to 118 Redevelopment, the

City,and

the Owner acknowledging that

such payment and performance bond issued in connection with the construction of the Crowne Plaza Hotel has been amended
to reflect that RDP and the RDP GC are responsible for the Improvements to the Easement
Area

and

that

the RDP GC will therefore

bonding company so requests. The form and content


be

construct the
of such letter

Improvements

to

the Easement Area if the

from

the

RDP

GC shall

If the condition precedent set forth above has not been duly and timely 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
to terminate this
obligations under this Agreement. However, if any of the aforementioned parties elect
within ten (
10)days
Agreement and RDP then satisfies the condition precedent set forth above
force or
of
no
further
be
void
and
termination
shall
after delivery of the termination notice, then the
effect, and this Agreement shall continue in full force and
Redevelopment, in its sole discretion, may elect to allow RDP to utilize the Easement
Area prior to the satisfaction of the condition precedent set forth above; provided, however, that such
and/ or
election by MB Redevelopment shall not be deemed to waive MB Redevlopment' s,the Owner' s,
set
forth
above
precedent
above
the
condition
the City' s right to terminate this Agreement as set forth if
effect.

has

MB

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
governmental capacity) to amend,
within thirty (30) days after the date of this Agreement,i)(
Redevelopment' s building permit for the Loews Hotel to reflect that the Improvements to the Easement Area

of

its
MB

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'
are no longer part

of

the

to be

work

b)RDP, at its expense, shall use reasonable efforts to cause the


Florida Department of Environmental Protection to
amend, within thirty ( 30)days after the date of
MB Redevelopment' s coastal construction permit for the Loews Hotel to reflect that
this Agre ment,( i)
s

building

permit.

no longer part of the work to be performed under


ii)
and
(
MB Redevelopment'
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

the Improvements

to the

Easement Area are

s coastal construction

permit,

under RDP'

coastal construction permit. The parties shall jointly cooperate in such


any other permits,licenses, and approvals necessary for the

s
of

amendments and/ or

obtaining

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

begin

on

Easement Area. signatures

IN WITNESS WHEREOF, the

parties

hereto have duly executed this Agreement

as

of the

day and year first above written.


MIAMI BEACH REDEVELOPMENT AGENCY
ATTEST:

By:

11
/ Gt"

cL:

oCl eLLL\.

Secretary

Parcher
\~
By:rtIJ

Neisen

Robert

Kasdin Chairman STATE

FLORIDA ss:APPROVED
AS TO
FORM &LANGUAGE

FOR

1JIJ!

OF

EXECUTION

1 F/'

t.
t>,_

pl~

L/ fl,

GIneral C<
ullIII COUNTY

th,
mentAgll lCJ 'DIiIlt

before

OF

MIAMI- DADE The foregoing instrument was acknowledged


me this ~ [{
day
2000,
by
c.
1~
f./
,
Neisen
as
Kasdin,
and
Robert
a
of
Chairman,
as Secretary,of MlA.! v~
1 BEACH REDEVELOPMENT AGENCY, a public body corporate and
politic, on behalf of such public body. They are personally known to me or produced valid
Parcher,

f2
y 71
11 dez- I I om
4'

KERRY HERNANDEZ NCYl'


UBLIC srATE
ARY I'

Florida
as identification.

OF

NO.CC832806

FLORIDA

COMMISSION

driver'

s
Notary ~

licenses

Print Name:

te OfFlt6
c,~
r '

I -

rZ

RDP ROYAL PALM HOTEL LIMITED PARTNERSHIP,


a

Florida limited

partnership

PADC HOSPITALITY CORPORATION I,

By:

Florida

corporation,

General Partner

as

ATTEST:

JY~

BY~

By: ~~
N~

e: ~ -

Secretary

Title:

P,..""

V,,,,,

STATE
1
A~+OF .~/,

t COUNTY
ss:

C,.

OF

J',
The
I.
of

day

foregoing

instrument was acknowledged,


,',

I.
by

2000"

r. /,/... ,- - '. ,-

Secretary, of PADC

HOSPITALITY

before _..
me this

L -!

CORPORATION

'.'
,I,as

and
on behalf

as

a Florida
I,

corporation,

corporation, which corporation is General Partner of RDP ROYAL PALM HOTEL

such
ARmERSHIP. a

Florida

limited partnership, on behalf

of such limited partnership. They are


me

personally known

or

produced

as identification.
St,!!
le

Name: I
'. <.: /
b/

1/Notary
/ ~
I

Public,
//_/~"",,'~_.

of -'-:C
/,'" ",'.

Print

"
commission
r My
./
expires:OFFICIAL
KNOXNOTARY P1lBLIC Sf
NOTARY SEALTERRY
ATEOf FLORIDA COMMI5Sl0N NO.
lION EXP.
MY.COMMJS!
CC854013

TuLY

12

LIMITED

of
P

to

"

Exhibit A

Copy of Easement Agreement

MI982230.

0S3

EXHIBIT

Fc: I

7362rro I

09 PREPARED BY AND
TO BE RETURNED
TO:

O.
45 HARVEY RlJVIM, CLERK
DADE COUNTY, Fl KOLLEEN
O.
COBB,
P.
ESQ.
HUGHES HUBBARD &

1996
15:00

96R429263
SEP
23
DOCSTPOEE 0,60 SURTX

REED LLP
2500 Miami, Florida 33131 EASEMENT AGREEMENT
201 South Biscayne Blvd.
Suite
"
' J day
THIS EASEMENT AGREEMENT ( the Agreement")
is made this U
a
public
body
Beach
Agency,
of 1996 by
Miami
the Redevelopment
corporate and politic ( the "awner")
and the City of

Miami
Beach,
a municipal corporation of the State of Florida ( the "Cltyj.RECITALS: A. OWner is
the fee simple owner of the real property described in exhibit A attached hereto
and made a

, lying, being and situated


Dade County, Florid..
hereof ( the Propertyj
in
"
OWner")
is
the
lessee
the
a
Florida
corporation
("
Property
Hotel
Redevelopment, Inc.,
of
pursuant to that certain Agreement of Lease entered into by and between OWner and Hotel Owner, and
joined in by the City
to the extent provided therein, of even date herewith (
Ground L....
pursuant to which Hotel OWner shall, among other things, construct,
the "
j,
"
manage
and
operate
a convention center hotel ( the Hoteij
on the Property, which
own,
Ground Lease is intended to be recorded among

part

B.MB

Florida prior to the recordation hereof. C.


Public Records of Dade County,
In accord.
se,
OWner desires to create an
nce with Article 21 of the Ground Le.
easement to provide the public with pedestrian access between Collins Avenue and the Atlantic
Ocean beach along the southerly boundary of and within the Property, as

the

more particularly

described in
the "

In

consideration

the City

exhibit

B,attached

hereto and made a part hereof

E..ement Are. j,
on the terms and conditions hereinafter set forth. D.
of the creation of the public pedestrian access to the beach,
has agreed to provide appropriate maintenance and

security
for the Easement Area, on the
forth.E.Hotel

terms

and condition. hereinafter set

conditions hereinafter
OWner consents to such easement on the terms and
of
ten
($
10. 00)
consi
d
er
a
t
i
o
n
the
NOW,
THEREFORE,
in
payment
forth.
of
dollars and other good and valuable consideration, the receipt and sufficiency of
set

whichare

hereby acknowledged,

m: I

7362r(

o II

0 1.Grant of Easement. Owner does hereby grant and create, for the
exclusive easement
forpedestrian
non-eommercial
nonpublica
,
benefit of the general
access over the Easement Anla_JJntil the termination of the easement described herein pursuant
to the terms hereof, subject to Hotel Owners use of the Easement Area for
all lawful uses not inconsistent with the purpose of the
fol wing purpcses: ( i)
the
easement described herein or the Ground
Lease fer 10 long as the Ground Lease is in full force
and effect, ( Ii)
use of the Easement Anla in connection with the ownership, use and
operation of the Hotel or any of the facilities thereon, including, but not limited

to,maintenance, deliveries, and

trash

removal;

and ( iii)use of the Easement Anla to

allow emergency vehicular access

the beach. 2.Maintenance. Owner and the City, at their sole cost
and expense, shall be required to maintain, repair, replace and restore any improvements
located in the Secured Area ( as hereinatler defined) in good repair and condition which includes,
All repairs and replacements made by the
but is not limited to, garbage removal daily.
to

be substantial y equal in quality and class to the original quality


being repaired or replacecl. A description of the initial
improvements and the specifications thereof are described on Exhibit C attached hereto and made a
part hereof. The City agrees to maintain separate meters in its name for electricity
and irrigation associated
with the Easement Anla. If Owner and the City fail to perform
the Hotel Owner shall have the right, but
obligations under this paragraph 2,
not
their
written
noti
c
e,
to
correct
condi
t
i
o
n
and
prior
days'
duty,
upon
thirty
(
30)
such
to make
the
such repairs or to perform such maintenance, and the cost thereof shall be paid by
City

or Owner
of the improvements

shall

Owner

the foregoing
promptly atler notice of the same. Notwithstanding
provisions of this paragraph 2,neither Owner nor the City shall be responsible for repairing
or restoring any damage to the Easement Area or the improvements located therein or
thereon caused by the acts, omissions or negligence of Hotel Owner. The repair or resto':
1tion of any such damage shall be'performed at the sole cost and expense of Hotel Owner.
If the Hotel Owner fails to make such repair or restoration for such damage, the Owner
shall have the
right, but not the duty, upon thirty (30)days' prior written
notice, to make such repairs or restoration, and the cost thereof shall be paid by
Security. The City,at
Owner promptly after notice of the same. 3.
its sole cost and expense, shall be responsible for providing police protection for the Easement
Area to the same extent as

Hotel

the City provides police protection to the surrounding area. Notwithstanding the
that portion
foregoing, Hotel Owner shall have the right to control access in and to
of the Easement Area described in Exhibit 0 attached hereto and made a part hereof (
the "Secured Areaj atler sundown and before sunrise by locking and unlocking all of the fences
and gates installed as part of the improvements in the Easement Anla,subject to the City' s right
to open such
fences or gates from time to time for governmental
purposes. The City and Owner acknowledge that Hotel Owner
hasunlimited

access

m: I

7362f( )

III

Indemnity. The Owner and City shall indemnify and hold the Hotel Owner
Indemnified Parties ( al defined in the Ground Lease for "Tenant Indemnified Parties" with
the references to "Tenant" in IUch definition being, for purposes of this paragraph
"
OWner")harmless from all loss, COlt, liability, claim, damage
4,
references to Hotel
and expense ( including, without limitation. reasonable attorneys' fees and
disbursements), penalties and fines, incurred in connection with or arising from any ads,omissions
or negligence of the Owner or City made in its 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 conceming the Easement Area,except to the extent any of the foregoing
is

caused by the grou

negligence

or willful misconduct of any of the Hotel

Owner Indemnified
Parties.Pursuant to the preceding paragraph, Hotel Owner shall indemnify and
hold the Owner Indemnified Parties ( as defined in the Ground Lease for Owner
.
loss,
liability,
Partlesj
harmlesa
from
all
damage
Indemnified
cost.
and expense (
claim,
including, without limitation, reasonable attomeys' fees and disbursements), penalties and
fines, incurred in connection with or arising from any ads,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 groll negligence or willful misconduct of
any of the Owner Indemnified
Parties. The indemnities described in this

Section .. shall survive the termination of

this
Agreement 5.Easements and Covenants Run with
the Land. Each and all
of the easements, covenants, obligations and rights granted or created under the terms
of this Agreement are appurtenant to the Property and the Easement Area.
The provisions hereof shall run with the land, shall be binding on and shall inure to the benefit
to paragraph 7,below,
of the parties hereto and the general public,and, subject
may be waived or modified only by written instrument executed by the parties
in

recordable form. e.
Performance at Each Party' s Sole Cost and
Expense. Unleu otherwise expressly provided in this Agreement, when either party exercises any of
its rights, or renders or performs any of its obligations hereunder, such party shall do so at
its sole

Termination. On the date hereof, there exists public


cost and expense. 7.
17th Street, Miami
Beach. Florida and i
access to the Atlantic
( i)
Ocean beach from (I)
15th Street, Miami Beach, Florida (each an " Accesa Areaj and it is a condition of
the easement described herein that both of the referenced beach access areas 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 o
( ther than a temporary closure in the
ordinary course of
closing
for force majeure reasons), the
or
a
temporary
business
easement

described

m: I

7362rro

112 aUlQmatically tenninat8 and be of no further force or effect. including, but not limited to,
the tennination of the rights of third parties. At the Hotel Owner' s request, the Owner and
City will execute such documents, in recordable fonn, as necessary to reflect such
tennination. IN WITNESS" Mi'EREOF
first above

this Agreement

has been executed as of the date

written. MIAMI BEACH REDEVELOPMENT

By:

By:_~

AGENCY

Secretary
r

r~
Robert

AT EST:

Parcher

Gelber

n I

BEACH

By: ~

ATTEST:

p~
Robert
City
Parcher

Clerk

By FORM
APPROVEDREDEVB.
OPMENT
AGENCY GENERAL
CO~

E1.

Gelber
H3A6

DateMI-l 82e10.

0718117/

By,
9/

Date
I/~~

iVc: '

7362f({)

113 STATE OF
FLORIDA

ss:
COUNTY OF

The

day
fOregoing instrument was acknowledged before me
this .....:::.....
as
Robert
Seymour
Gelber,
by
Chainnan,
and
of 1996,
Parcher,
as Secretary, of the MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate
and politic,on behalf of such public body. They are personally known to me or produced
valid Florida driver' s licenses

DADE

My commissio
DoObla,'~Notary Public~ State
3J)
Fa
.
Prin,
t
Name: '

of

C ,; :

2-+

as identiftcation.

b~
ctdrv 1L
STATE

OF FLORIDA ) sa:

COUNTY

The
DADE )
~ foregoing instrument was acknowledged
before me
of 1996, by Seymour Gelber, as Mayor, and Robert Parcher,
this ~,day
.
as City Cieri<,
of t e CITY OF MIAMI BEACH, a municipal corporation of the State of
Florida, on behalf of such municipal corporation. They are personally known to me
or produced valid Florida driver'

OF

licenses

c
. e~\~
identification. dd~
Notary Public,State

Ab

c.

comminionexpi,...:

My

9f lj9ri9a
}~

Print

Name: \', ~

as

7362pro

m: I

114 JOINDER AND

CONSENT MBREDEVELOPMENT,
foregoing Easement

INC.,hereby

joins in and consents to

the

Agreement MB REDEVELOPMENT,

INC.
By:

w.

secretary STATE OF
FLORIDA

as identification. COUNTY
ss:

e
of

foregoing

instrument

wa~

before
A cknowledged
,

a Florida corporation, on behalf of such


or produced valid Florida driver' s licenses

corporation.

They

commission expires:

are personally

OF

DADE

zA.b

Co

My

thv.'&
~fda:

as~'

INC.,

MB

REDEVELOPMENT,

known to

me

1'

1~

u' Jj N~
tary
boo ().
o, PnntName: C I,
ffz t
//
cc;/
3cf)

me

If"- ,
Pr-'
I
1996,by7~
Q.k..-?
l./
a~Secretary, of
ftv),and~ l"

Public,
~ of.FJorid
ta.,

BorEL LECAL OESCRIPTION

I
116

7362rtO

EL
P C""

NIJ Ie. BLOCK ~~,riSHER' S F'


IRST
SUBDIVSION OF' ~
PLAT THEREOF', RECORDED
IN PLAT
TO
BOOK 2.
TON
F' LORIOA, LESS
AT PAGE 77, OF' THE PUBLIC RECORDS OF DADE COUNTY,
THAT P~
t7
LYING NORTH OF A LlN!.
T OF' LOTS 2 0
.....
WMlCH
LOTS
I:

I 2. 17
BEACI- t,
ACCOROlNG

S~
LINE

IS LOCATED . fIo4) DESCRIBED . 6.


S F" OlLOWS: BEGIN AT THE NORTHWEST
CDRNEROF
LOT 11.8LOCX ~ S,
riSHER' S rlRST SU8OlVISION
OF "l.
WESTERL Y
T~
TOH BEACH, THENCE RUN SOUTHWESTERL Y ONG
LINE OF SAID
~
LOTS II N40
t7 rOR . OlST NeE OF 72 rEET TOA POINT, SAID
POINT BDlG
OF T~
TM(
ING
LINE BEING DESCRIBED: THENCE E. 6.
POINT
OFBECN'
STERL Y
P""
ALLEL TO TM(NORTHERLY LINE OF LOT 15
AND LOT 3,SlOCK 55
S F' IRST SUBClVISlON OF ~
TON
OF F'ISHER'
BEACM
OR A OIST ANCE
F'
OF 400
F' EET TO A POINT IN TI-
EASTER\.Y LINE OF
LOT

2. OF'
SAID
ISMER' S F' IRST SUBOlVISION or
BLOCK 5S.f:'
ALTON BEACH. AS TO
LOTS 2
17,SAID PROPERTY
NIJ
WAY "l.
SO BE DESCRlSED AS
LOTS2 .....
0 17,
ESS THE NORTH 21.
l.
3 F'
n..EREOF.
EET
IN BLOCK 55.l.
"
TON BEACH f:'
ISMER'

lRST
F"

SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED


IN PLAT
BOOK 2. AT PAG[77.
OFTHE PUBlIC RECORDS OF DADE COIJHTY, F'
PARCEl. II:
PARCEL or
LORIO....
LAND
L ' fING BETWEEN BlOCK 5S,OF " SHER' S
SUBDIVISION OF A.
FIRST
L.
TON ! lEACH, ACCOROlNC TO PLAT THEREOF, RECORDED IN
Pl. AT BOOK 2.
AT
PACE 77,or THE PUBlIC RECORDS OF
DADECOUNTY, rLORID.. NIJ THE HICH w...TERIolARK OF
THE
ATLANTIC OCEAN, WHICHSAID
P""
CEl.
OF LAND IS PARTICUl" ARl.
Y DESCRIBED . 6.S
OlLOWS: 3EGII\ f AT THE SOUTHEAST CORNER
F'
OF S"lO
LOT kOCK'. 55.SHER'"
S F'
NORTHERl, Y "
lRST SUBDIVISION OF' ~ TON BEACH. THENCE RuN
l.
ONC THE EASTERL Y
LOTI
LINE OF
AHO LOT 2 OF' SAID BLOCK
lRST SuBDIVISION
55.rlSICR' S F'
TON BEACH
OF'
~
A O'ST ANCE
OF 102. 2 F' EET WORE OR
LESSTO
A POINT IN TI' lE EASTERLY l.lN[ OF SAID
LOT 2.WHICH SAID
POINTIS 72 f:'
EET SOUT...
OF'THE NORTHEAST CORNER OF LOT 3
SAID
OF
BLOCK S5 OF riSHER' S I"
IRST
SUBDIVISION OF' ALTON
BEACH:
THENCE RUN
INAN
EASTERLY DIRECTION
AL. ONG A LINE PAR" l.
Ln TO THE EASTERLY
EXTENSION OF' THE NORTH
I.
INE OF SAID 1.
0T . 3. TO THE HICH WATER
IolARI< OF' THE ' TLANTIC OCEAN: THENCE ~ UN IN A SOUTI' lERL Y
DIRECTION~ ONC THE HIGH WATER IolARK OF' TM[A TLANT, C OCEAN A. CISTANCE OF 102.
2 F' EET WORE OR LESS
POINT ON SAID
TOA
HIGHWATER IolARK or
ATLANTIC
THE
OCEAN WHICH IS THE INTERSECTION

WITH

ROTLL ~[

GAL OESCilP110R

117

I 7362PrO

PARCEL

g:

III'

NORTI- l
LOTS
3 15
~
21. 3 F'EET <.s lolEASURED
NlOTHE
LINES) orLOTS
AloONC
LOT
2 ~17. BLOCK 5~.
F'ISIlER'S
TON
BE.cH.
rlRST SueDlvlSION OF'
s . riLED
Alo
cCOROlNG TO THE PL"' T TIlEREOF'
PAGE 77,
OR RECORO
T Bool<2.
F'
IN
Pl...
OF'
THEPuell<:
OF' DADE COUNTY. F' LORIOAlTOGETHER WITI- l:
RECOROS
TH...T
CERTAIN PARCEL
OF'L.
AND L
TOTHE
VING E.
sT OF' NlO ADJ. cENT
LNlODESCRIBeD.- eOVE; SAID
LANO
LINE OF' THE .BOUNCED ON TI- lE SOUTI- l BY
THESOUT""
EXTENOEDE.
eOVE DESCRIBED PARCEL
sTERL Y BOUNOED ON THE NORTH BY TILINE: OF' THE -' SOVE
lENORTH
DESCRIBEDPARCEL
EXTENDED E.sTERL Y BOUNOED ON THE E.
sT BY
THE lolENl HIGH WATER LINE OF
THEATLNlTIC
OCENl ~ BOUNOED ON THE
WEST
BY

THE

E.

sT
SAlO LOTS
LINE OF'
2 ANO
IV: LOTS
3AFOREloNT.IOED. PARCEL
9.
~
10. 11. 12 NORTH
V, OF LOT 8 ANI) THE NORTIlV, OF LOT 13, BLOCK 5e
OF F'ISHER'
S F'
IRST
SUBDIVSIONOF' Alo
TONBE.
cH F'
LORIOA.. to
SUBDIVSIONIN
tl, SECTION
R.
34. TOWNSHIP
F'
cTION,
53 SOUTI- l.
RANCE 42 E.sT.cCORDING
.
TO

THE

PLAT

lEREOF', RECORDED IN Pl...


TIT
2. AT
PACE 77.
OF'
RECORDS OF' DADE COUNTY. FLORIOA. p""
eEL
AT
TI
o
t
E
N
ORTHEAST CORNER OF'
BOOK
BEGI
N
NI
N
G
V:
LOT..!:
IN BLOCK ~ 6 OF' riSHER' S F'
TON
IRST SUBOlVISlON OF' Al.
AS THE S-.
BEACH.
IS SHOWN M.tRl< EDAND DESIGNATED ON A PLATOF' SAlO SueOIVISION,
RECOROED IN P\....
77, IN THE OFFICE
T BOOl< 2. 4TPAGE
OF
THE CLERK OF
TI- lE
CIRCUIT COURT IN Il' lD rOR DADE COUNTY.
FLORIOA; THENCE RUN
INAN
E.sTERL Y
AloONC THE NORTH ~
DIRECTION
INE OF' LOT 9 OF BLOCK 5e.
PRO UCED TO THE HIGH WATER LINE OF' THE ATLNlTIC
OCENl; TIo4ENCE RUN
IN A SOUTHER\.Y DIRECTION MENlDERINC SAID toIlGH
WATER LINE A DISTANCE OF 76.
0~
F' EET P\.
US OR IoGNUSTO
A
POINT, SAlO POINT BEING ...
T THE INTERSECTION OF' THE LAST lolENTlONED COURSE
WITH THE CENTER LINE OF' LOT 8 OF'
BLOCK 5e PRODUCED TO THE IlIGH
WATER LINE OF'
THE ATLNlTIC OCEAN; THENCE RUN IN
wESTERLY DIRECTION AloONG SAID CENTER
A
l.
INE OF LOT S. BLOCK
OF
56 PRODUCED TO THE HIGH WATER LINE:
THE ATl.
NlTIC OCE....;
Al. ONC SAID
NCE RUN IN A WESTER\. Y OlRECTION
TI
CENTER LINE:
LOT S.
OF
BlOCl< 51
PRODUCEDTO
THE EAST LINE
OF
BLOCK
55. AT ITS INTERSECTION WITH THE CENTER l.
INE OF LOT
THE puellC

a.

Q,\,
I

~"--

tf:
JI~

PARCE~
1......

7362no

118

BECIN INCAT

t''
l....".;;......'
..."'''''

TI-tE

SOUTI- tEAST CORNER

OF'

LOT

10.

BLOCK
IN

56 ~

TONBE.CWN 5v TME PLAT ENTITLED" F' ISHER' S F'IRST


SUBDIVSIONOF" AI.
c"
S SI'<
AlD PI. BEING
PLAT BOOK 2.AT
S.
~ ~ RECORDED IN
f',
COUNTY. ' 1.
0'-DADE
0RIDA; RUN IN
or THE PUBLIC ~ ECORDS
ANORTIPACE 17.
or S. IlD LOT 10 A
DIRECTIONAl.
TI;( E..
sr LINE
ONC
tERL Y
NORTHEASl'CORNE"
ANCE O~0. ~
1 F'
EEl TO THE
0'OT 10;
OIST
N AN EASTERLY DIRtCTION Al. ONC Tl-tt NORTH I.
TMENCE RUN "
lrjE
ATIA.NTI:
0,SAID LOT 10. PRODUCED EASTERLY TO THE HICM WATER LINEOF' THE
OCE.
R1.
SOUTHf:
Y DIRECTION. t.
lE.ANOERINC
INA
S. IlD HICH WATER
AN: THENCE RUN
LINE A OlST. ANCE OF O.
'~ 7 HET. PLUS OR t. IlNUS. TO

A POINT; THENCE RUN IN A WESTERLY

DIRECTION AlONG
10, IN BLOCK 56, PROOUCED EASTERLY.
TO THE: POINT or BEGINNNG.
or
LOTS 8 ANO IJ IHJ AlL OF LOTS
7ANO.
I.,
LESS TME SOUTH 12. 6~
EET OF'
F'
S~
LOTS 1 AND 14.
TOGETMERWITM
TM"T PIECE OF'
PARCEL OF' L. ANO LYING BETWEEN THE: NORTM . AND SOUTM BOUNDARIES or SAlD PROPERTY
EXTENOlNG EASTWARO TO THE: ATLN' lTIC OCEAN. All.
LYINC AND BEiNG IN
BLOCK ~ 6,
or F' ISHER' S F' IRST SUBOIVISION
OF
AI.

TM[ SOUTM

LINE

PARCEL VI: TME

TON

OF LOT
SOUTH
Yl

BEACM.

CORD' NG TO THE PLAT THEREOF", AS RECORO[


O IN PLAT BOOl<2. AT PAGE
1'
7.
or TME PUSLIC RECORDS or DADE COUNTY. F'
LORIO"- PARCEL
VII: TM" T
PORTION OF AVENUE C CAlK/ A 16TM STREETl AS SHOWN iN
.
ISHER' S . IRST SUBOlVISION OF' AI. TON
BEACHR.ECORDE AT PLAT BOOK 2. AT
PACE 17. OF'
T,. E PUBLIC RECOROS OF DADE COUNTY, F'
LORlOA. -' NO ITS
EASTERLY EXTENSION BOUNCED ON TJo4[ WEST BY THE

EASTERLY RtGH: T-OFANOBOUNO[


WAY LINE OF'
COLLINS AVENUE
D
ON
THE:EAST BY THE EROSION CONTROL LINE,
AlL OF'
WHlCM IS
MORE
PARTICULARLY DESCRIBED AS F'
OLLOWS: COMMENCE, AT THE NORTHWEST CORNER OF' loOT
11.Sl.
OCK 56,
F' lSHER' S IRST
, SUBDIVISION
or Al.TON BEACH, PLAT BOOK 2.
AT PAGE77,
OF' THE "
UBLIC RECOROS OF' DADE
COUNTY. F'LORIOA. SAID
POINT BEING THE POINT OF' BEGINNING: THENCE NORT... 88 DEGREES
00 MINUTES 4i SECONDS EAST AlONG TME NORTH L. lNE
OF
SoliD BLOCK sa A/ IlD ITS EASTERLY EXTENSION F'OR A
OIST ANCE OF
S75. 20 F' EET
TO THE POINT OF
INTERSECTION WITH TME EROSION
CONTROL LINE OF' THE ATL..ANTIC OCEAN; THENCE
NORTH 8 DEGREES 5.MINUTES 53
SECONOS EAST, AlONG THE EROSION CONTROL L.INE F'OR A OIST . ANCE
OF
11. 28 F' EEl TO TH( POINT OF' INT( RSECTION WITI- I
THE EASTERLY
EXTENSION or TME SOUTH L. INE or BLOCK ~
5 OF' THE ABOVE I.
NTIONEO riSHER' S F' IRST SUBDIVISION OF' AI. TON BEACM:
l[
THENCE SOUTIo4
sa
DECREES
00 MINUTES 4i SECONDS
WEST,AL. ONG THE SOUTH L.INE OF' SAlO BLOCK 55 ANO ITS EASTERL Y EXTENSION F'
OR A DISTANCE
or577. 88 FEET

TO

m: I

736zrrQ II
9 Exhibit

B Legal

MIlllS2810.

071l f171 18

Description and Sketch of Easement

736ZfrO I Z I

m: I

INGRESS. EGRESS. ACCESS EASEMENT LEGAL DESCRIPTION

" SubdivisiOll of Altoll Beach"


14. Block 56 of Fishers First
and
page 77 of the Public
plat book 2.
according to the Plat thereof. as recorded
ill
a
on
the east by the Erosion
portiOIl
of
bowl
d
ed
land
Recortls of Dade County,Florida. together with
the easterly liIIe of said
Cooaol Line (Bulkhead Line) and 011 the west by
A

portiOIl of Lou

at the Southwest comerof Lot 14,Block


Commence
particularly described as follows:
St Subdivision of Alton
BeachPlat;
56 of said FIShers
"
Fll'
THENCENorth ( fT. 35'04"East a100g the Easte.
of 12.83 feet to a poillt
venue,
a
distallce
A
fway
lilIe
Col
l
i
n
s
rly ri&
bt~
of
North
of
and
parallel with
of il tersectioo with a lilIe 12. 65 feet
the
Lot

south line of
a10llg

7,more

saidLou

and 14

the erosioll
distal ce of 25.
60

conaol1ine ( Bulkhead Line);


THENCE
feet;

THENCE

1. 85feet to
bearing

of

POINT OF

BEOlNNTNO: THENCE North 88.

a distal ce of 585.(fT feet

said para1lellille

a radial

and the

South

poillt

a poillt

North 03. 27' 32"East

88.00'

49"West

on a non- taIIgent curve

40";
East and
South 17.
06'

to

a radius

concave

00'49" East,

a10llg said

erosion

distance
to

228. 50 feet;

on
conaolline. a

of
the

THENCE

North.having

Weste. rly

and

through
poillt of revene
32 feet and a

central angle of25. 12' 01"and an:distallce of 100.50


curvature with a curve concave to the South havil , a radius
of 290.

feet to

of

to

the

feet

to a

right

central angle of 10.04' 08";THENCE Westerly alan, the an:


to
02 feet to a poillt compound curv~of a curve concave
of said curve a distal ce of 51.
of
feet
and
a
central
angle
19.
17'
the south. having a radius
of 48.
00
17
44";THENCE Westerly along the an: of said curve
a distance of 16.
a

poillt

reverse curvature

with

havillg a radius of 131. 24 feet and a central


a curve
concave to the north
westerly
THENCE
angle of 40.25' 01";
along the an:of said curve a distalce
of 92.
58 feet to a poillt of
non-tallgency; THENCE South 88.00'49" west, a distallce of 124.09 feet;
59' 11"
0 I.
THENCE South

East

of9.
adistallce

m: I

7362no
122EXH'11l1T "('''"

DESCRIPTION OF IMPROVEMENTS
INCLUDING PLANS AND SPECmCATIONS

DIU WTN't:
A.ND ~PJ:CD'I~...
TlnNS

Prepared by Bndsbaw Gill

aIId Auociafn -

brope
l....

Architec1S1.
)

Rarttu_,.

L4

Gradina Plan dated July


Soulbeut LayoUl! GndiDa Plan
July
1996 L8 Soulb_Hardscapc
24.
PIaD dated July 24,1996 L9

Soulb_
Layout!
24, 1996 L5
dated
Materials
Southeast

Hardscapc

PIaD dated July 24,1996 2.


PI....
d".
LP3 Soulbwest Plantina Plan dated
Augusl S,
1996 LP4 Soutbeast PlaDtiq
Materials

Plan

dated

August S.
1996 LP7 Genetal
Speeificatioaa dated August S.
1996
rrtr. tt....
3.
' 13 Soulbwest ImptiOD PIaD dated

16,
Augusl

1996 14 Soulbeast Imptioa

Plan

dated
Augusl 16,1996 16 ImBatioa Plan Not-es,
LeBead
ItCOasUUCtiOD
Details dated Aul"- U
SClmDITI .R I.
lum
llBe! browu
Tumbled metric SIODe by Paver Module E249la11! ol'&
edge

of2

3/

CODcretecurb

16.1996 nN1~

C.
M.W 8112" wide

8 1/
2 tumbled
..

E249

plaza paver

M
C.

with

hidden

al

edge area
(
when: CODcrete curb is
DOl

shown ). 2. '. I. h.

FI~
12
fDr..
tt".
CatllM Decorative
ub
Stone TIl.-J
CUI

III'
III- Outa

100watt Metal

aluminum

# -while ).
Halide Pole MOUDted lights ( Bega 6387

Bales

Poles al12 fOOl


height. 3.
Dee......
aIId masomy collllllllS.4.
Tr.. h R~.
Dt.&!
IM 2 trash receptacles!

Art

mOUDd

stolle30: diameter top

cream color with

combinatiol trash

lid!sand tray

ht.With medium
x 36"

sandblast

tmisb witb

13 DOrdic
5-

7362f[

tt: I
EXHTRIT

O I ZJ '

Wi

C..

1 DESCRIPTION OF
"
IMPROVEMENT PLANT LIST SECURITY
AREAOUANT1TV
)

BOTANJrAL I COMMON NAMES

Noroabia

emargiaala

S.&PAl MS
TRJ.:~

HEIGHT

TRlrNK CT.RF...
U.

SPREAn

5 CaIopbyUum

RJ(S

bruiliemc BnziIiaD
Beautyleaf

IS Cocos
Malayan Coconut

Palm

S Livistoaa

nucifera "Greea

14- 16' 1012' Full canopy 2@2;4@4;


2@6

I@S;

bard

cbinetlia 5

IlRY woo<

14'
I
c.

t Matched
1416'

Giant"

10-12'Full

44

Pit osporum

tobin"

Giant Lilynuf

Variegara" V

canopy 319
SHRUBS'" GR01JNDCOVERS Chrysobalaaus
icaco Cocoplum 13S

anegated

Ficus

Uniola

betljamiDa "

hedge"Weeping

Fig 64

Pit osporum 69

paniculala
Sea OalS

Ixota Nota
"
Gtaat"
ixota

22-

24' 20-

Nota Gtaat

242 Liriope
m Evergreen
"
c.22-

to base
Full

clump

F. Sod
- -

22"
Full.

24" full

24" o.c.
20- 22" Full.
o.c.10-12"
24"

12"

O.

pots@ IS"
O.
c.20-22" Full, 24"o.c.4"

All sod to

be SL

Augustine " flota tam"


- solid

SC:fl.J ANYOnS
c.

sod.

1530

S.

24" O.

I 7362pro

I 24

Exhibit D

Description

MIM281D.
D719/ 1719l1

g:

of Secured Portion of Easement Area

f_ ___

en

r~ :::-:;~-:!~' i -

s....,:

70 ~

105

W 27 S

MIAMI,F'

4 _ _' ~ SI,

jJ172

1 d051
JI7' E ..:
S99-

j:.,
SKETCH AND LEGAL DESCRIPTION-

NOTE' THlS IS NOT

SKETCH

sur ONLY

OF'SURvEY.

1_
40'(

__

r""

oftIl'~' '.

1"- "..
1' ..

1IlQM0I;
T......

Q.
A

1. ~

NIl,

rJI Ii
_...
i ~

ii: ~

QUIIlO:Ill'

oso.

or.....

S___::
f

4.-,
lb.

r.....
s ' ,...
I'
l

Ar,

r- o.~....
1..-

o;;~ Sle L

CRAPHICDESCRIPTiON ,.
SHOWN
E;;

eN
ll.

z_
l&
1II0,

nc
D

m!

C..

0flIQN. tl.
LICtHSEl) Sl, AltV( TOfI

01 .rLQflClA
K___
OIl"'ASSlMD

sr...

15' 04'

sStIIIl~
ncSlCNArUI :

oF
O.T....
N
rOll

O
ili 0 r.,
~
VALlO WlOtOUT
T

r.,O If

~_

AN)

01'

TIC COlTEIUC
tOllLtG.

01

4&._
TlDIl
CQU. IlS A._ SEE ATTACICD
TIC .
ST 01 on IOOIUIlGI AOCl _
TO
T~
IICUT Ct~
T TIC
nc -.
lTS
eo
o<<

SIlITOI011
__

STNCl_tOll LAOCl $ IIIVETIC AS

TE_

1.'

41:

OIMITDl

C:

T[ '''''' ............ ..

00:

lAftSl Olt:_

LO'!

U.

CK'

I"

rlo. (

0IdY..

.,
It..
..""
of '

HClCEftI C.

O ...,
tC .... ...

",",

1S
'

lCet' '. . ~ lt......


sM_
lit ,... ,,,...
tfI,:,,

QU..
COHSiA.

IItM:.

DAft

II ,_ IN
,............",...._,...
,. r".
~
tt. '....
~..,..
Cl"1......
~..,.II
,...
l........
1...,.
1....eftt.
..
_..

MI'

Ie ..MI '....

n..-

lWCATElIl T
STATUftS

dII1N.....-

T[

o. [

c "~.)
I".
101

I.....
leel ..littft
..,-..' \.... '..,..
10 "'

JrCIrC(

rftClll.'

olin I..,.

.,

I 7362ffO I
26 INGRESS. EGRESS. ACCESS EASEMENT LEGAL

"
Fust Subdivision of Alton
IIld 14.Btock 56 of FIShers
7
plat
book
2.
page
in
77 of the
Beach" according to the Plat thereof. as
recorded
Erosion Control Line ( B1l11r....'
Public Records of Dade County,Florida. topther with a portion of1aad bounded on the east bythe
of said Lot 7.more
Id Line) and on the west by the easterly line
DESCRlPTION

A portion of

Lacs

the
Southwest
comer of Lot 14.Block 56 of
described as follows:Com........"..
particularly
of
Alton
Beach
said FIShers
"
Subdivision
Fust
Pial:
THENCENorth 00.35' 04"East alon,the
12.83 feel to I point of
ofway
line of Collins A venue, a di.staDce of
Easterly riiht-

inrersection with a line 12. 65

of and parallel with the

feet North
niENCE

49"East,along said
North 88 00'
feet to the POINT OF BEGINNING:

niENCE continue
of 380.
27' 32"East alollg

38
said

erosion

feet

to a

control line. a

South 8800'49"West a distance


a 1I01l- tangent curve concave to
I radius 228.50 feet;

paral el

East along
88.00'49"

North

curve

having

distance

point 011

the

Erosion

Lots

7 IIld 14;

line a

said

disWlCe of

paraIlelliae a

Control Line ( Bulkhead

Line).

feet

1.
85

niENCE

to

South t

69

distance

of 25.60 feet;

distance

204.

North 03.

niENCE

point on

and
niENCE Westerly IIld to the rigbt through a celltral angle of2512'01" and Ul:distance
of100..50 feet to a point of reverse curvaDll' e with a
curve cOllCave
to the
290.
bavi
n
g
a
32
feet
and
a
central
angle
radius of
South
of 10. 04' 08";
TIiENCE Westerly
a
alongthe Ul:of said curve a distance of 5 1. 02 feet to
point compound curvaDll' e of
a curve concave to the south. baving a radius of 48.
TIiENCE Westerly along
the
00 feet and a centra! angle of 1917'
44";

Ul:
ofsaid

theNorth.

of

said

line of

south

a radial bearing of

of 16.

17

feet

06' 88";
East
7.

to a point of

reverse curvaDll' e with a curve concave to the north baving a radius oft
feet and a centra!
31.24

angle

of

25'

01";
TIiENCE westerly along

the Ul:

of said

40-

Exhibit B
Plans and

M1982230.

0S3

Specifications

for Easement Area

Improvements

a4/

13/

2eerl ~

E.~

3056e4S': Ob

0ChCHCE

0E\/

t=-'
EU':
t:"";";u;

C:'<~

Insurance lI...e
date:4/ 18/

2 EXHIBIT

d'.

00

C Certificate of
Certlllcate
No.:OOO01374. doc Producer

Becher +

# 0 Atlanta, OA 303391711.
cutificatw IsiSl l Zd < ua
Windy Ridp Plrilway, 11;
upon
D.
0
"
.
lh. curtfWaze holde.
fZ1tti
tg71lS
corr[
jy

Carlsoll Ins.Sazvice.,
Inc,2300

rlw

at

ameM, ...

dou "

1711.

cerliftca"

a. alrer

t.""

RelOl' tl
Cover_
lei
Thi.s ill to certify wt 1IJ. polici..
In..
Three Re,,,jnia Drive Suite 2900 Atlanta, GA 30346
listed low
". ha" e beon i..
of in_
an..
to the
ued
polity period indicated,nolWithstlndln&; any requirement. term or
In,
ured named herein for th.
conditionof
whichthis
liclSe may be
or m&
y
pertain,
any conrract or other dlKlumOlltwith napect to certi:
issued
U lIleterms, exc:
the i1l. lunnce afforcled by thapolici..de.eribed herein isubjflOl
to .
lu!
iOlls IIId eondltiOl of I1Ich policie..

'''''_

g.
off""
druJby u..
poIlei..b.law.lasured
Bass

HolIoI.01:

Limin ,

may have

fOr oario" .",


mallltl'Q[ i>!

been reduc.

hown

by paid

claim..

Elf

bp Typ.
rri.

oU..
C.

LiablUty

Policy Nuaber ,,-

Dat.

Limb

Collllnll'

Cl"CicIl ?
ulft" "

1 130109

9/ 30100 '
C."". Opt

Co_S"' jOoo,OOO ~

GUIon!
layers

JDI.0GL019191314
NIA --AlP....
UablU"
Aa.
0"'_
p_S4,OOO. 000 Penonal
Ad"',
1njury'L1' lU".

Ua/
Ooo,

Jillly S4,

onc

S....
0.......4,
000

000,000

l^" l'
Pin Dm&

fire)
12.

500
Ill<

CAUi076110.5

Icryen

Ethplo1cr,'

11*_>
p Aay (

1110Liability

Any

AutoIlk,. Employ...

llf.lOiM

9/
4,
000
000,

limit Work_COlllpeuaUon
COmp.........
l(
Sm,I.
5_
UnIlts ft. ~
Co, WLIl. C 26411.!
I...
'
12' 1113Q/ 99 9f. l0/ll0 $4,

o 4,

tJobnh)

Mod
W.Ca.

000,000 !

30100 $
CoIIlbioed

aAccidM\

000._ DI_"'"

."",
Dt.
lPoliq. limit 0tII...:
CrowrIe Plaza MiamiBeech 1$
45 Call... Avenue
Mllllli Beach
o:
lnc,an4 MB RedeveIOpmODt, Inc,
It Atli\ial..
....
IIId their Paren~Sub. ldblli..,
i
t
i
o
nal
l
n
sur
e
d,
L.,.,.,.
RE:
Acceaway Agreement
Add.

Ioyee 4,000,000
FL

La.....
ROllll.,

C.nuUaIloD Should lilY oilbe abo".


oanuUed beror. lb.
c1etmo. reaf.
the
expintion
isouina;

camp"')' will
eodeavor

describedpolici..

be

mail 30

lQ

days "",

notice

ltten

to
holder,

the

but failuro to

certiflcm
lIail

e4/

2~~

t3/

ID~.
Threo Ilovinio on",
Sui..

2900

21.( 9

OA
AlIanta,
DCNOHOE

303<<'

8E'

ELCP~ENT
v'
J
48 3855048256 Pndllcer _
88:

In..
Scr<
2300 WIDely

Seeber..Carl.

on
Inc.
tic:...

c:
I.....
~.:
dale: 1Ifl3~ C. rtillcu.No.:0000 1030.
aIll' ,'''
r
IJwwd QS
Il4"ItaloNr. nr.. c.

Ride. '.

rtificat. , _ "

dac

Certificate

Insurance T'/
rU .-. Iij/.

of

colflV' "0 rig"" """" IJw

atio" OIlly ond

ofi~

tIl.

cufij/

D' .....

CorporoliOll Iiolidoy
H_ I
HOIJli1ality Corpat.a.... II...

,., bcl_.
e..... n...
age affordtaJ by rM ric;..
Thi. i.
dl'ar 1M __
to ccnif)l rballh. polici. of insunnco lmod lIelow
hav.""... i....
cd
fatho
tnlllrocj bamocl harein for th_
policy perlo4
requir<menl. toml
indicated,b_illl_ clia!any
delc_OIl!
respectwhich
..
or condit on of any COIIlracI .r olh.. with
th~certificate may b.
Is uod or may

Hale"Resorts.
.&

pertain,

Jewoy. 11'1

GA

ON( U1. 1td ""

ISO

Atlanta,
303 9luund
To,""Pori<

tho ins\

ll'
lllCO offo<

ded by

tho

polici..clesenDed h....

in is oubjeot 10 011 tlto


lenD', .

and condil;"'"
beenrecluad

of sueb

LiIIIits
polic,...

xclusion.

shown

may

ho""

by

Ell Eop
paidclaim..

TypeDfw

Podl!<
Eon.

e.

nier '

olicy

Namber

Date

DataLimits

eI'IIl

Auoo_ ....

La......

S'.

OllCl.

n.-.
Liability c:..
lol

Mll

sa.
ooo,

UoI>iIfry 11,
AU.

oao __.

IIIJury

a..,

I.....
I...
Co. OOLG19192. l..

111)
I
0I9!I)
.

u_

L"';/~

aDQ,
l4.

Ooo a_
Qf<:

oao
000,

000PI<
lAaIIC...p.
Opt
rtI\ CC Pona
OCCIuI'

111JWJR 54.000,

000

fIft
12, JGO
DInt '^""
....
r...)
114..Eo,I (^'"
pat<>ft)
Eo_
LIability U_
laFollll

CAO 1477161.
Zuri...
0\Jf]\ lWlI Q/]
OOO, OOO liMo"""""","
Q/
OO U,
r"-.
OtIler: CtI>_e
PI_
MII lI;Bncb I'.(
S ColllllS AvCll lC Mlllll\;
Beach fL City of
MilImi IleICIII. s nlllllcd
Ad4itionall l Uml. RDP RnyolPllIm HOIeI LimiUld
hrlnerslllp Is Additionollll_. d Insum. The fQllaw1n&
ore bamcd IS
ontili_.

additionollllsureds
IS dI.

ir

i.- est

Bank
Pi......

y
tn.

of Florida. CancellatloaShould OIly 0'111.


inl comp... ywil endeavor lO mail 30
written n01lec
tD lbe eertifI_hola,
impose
no
hall
obllpdoo or Iiabilily of

anykincll l>

DlIl1lc

Aa"

CY; Donoho. o.

Company; aad Union


n.

veloplD.

poUcies lie c,.


celled bet"",
tile expiration

_lbereo( the

i....

cays

at ~_...

pIllS

mall such
1Iu.foilure '"

notico .

.pp"'" Millin; ! leach l AdevlDJll lent


abov. c1_ ibed

ill .

tive..
certltleatc

Holder

COltlpallY,
City

of

City

AttDnlay' s omcc

Miami

Bloch

04/

13/

200e

88:

i82S6

4830560-:

DCNOHOE

JEL' JPMENT
i:..;:;
C: ' 33 lie

DE'>

dat.: 4/

00 Cerll1\
18/
Cate
1lO00131S. dao
No.:

InsuraDce PrDdueer

Certificate of

Beob.Car. l+son I....

jnfor7fVltio~

2300 Windy RidaePorJr;


of!/ y and

3033911113 certificat. is i. fSulJda


'" mtal", of
1M c...
tiflc_ holdet. 11Iis ~"tjltJt11e
rirh1J "PO"
OMOIId,
do.."
"'"

y,
1150

w.

Atl*
anta,OA

ftr! "
0
CO"

Services. ilI<:.

atlOId or o/r.

r 1M

lle9arts
Tbis is tD tettlfy that tbe policies
Ino.Tbreo l avinia DTlvo SWlz 2900 Atlanta, OA
30346Coven...
bolaw hIve been issued
IJqW'l lCO listed
to tho lnourednllmo<
Df
in
l h_
thatanding any
requinm.ent,
lenn Dr
ocndition of lIJIY oDllUKt
.....
for the palioy iacl
indiuml, a-*
thisoOJtif clUC may be issued. or
mll) l pertain, lit. ;
or Dther dao:1lJll..,. ", lIhresp_ to whig,
is
tla
.
ffaMed
by
tile
d""'
tibed
berein
11
the torms, "
naun cc: .
5Ubjec:
polioi..
chuoh paliei...L;
clust""" and oanclit1on.
mits

gfforded by tire

cOYer" p

polici"below.In.
uncI

Bus Halels &:

y h.v.
Ellp

b_

",
duud

by

shDwn
paicl

m.
eliums.

la

Tne
Iu Carrier

of

Colnpany5-

ll.o,
a

GeIIer.

Limlll

DIlle

Data
Policy Numb..
11110i99

OGlN19lg2384

1LWbl ty eo_

II Oan

P..
l Iol mployen

1M.

llON/
O/
lO/ A ClI W1IatCI.\ Liability
000,000
Prod1OC1l/
Co"'

4,

OCClWf"tnce Form

All!.

14,
000 Pef'

000.

t..iq\

lClGl1Ad....lIjul")'

14.000,

lOfL. iMUit)>

OalwrIo~

000 i4dt.

54,

Ally.1. ""'

000,_Doll
_ (

Mod Elql (

U,5oo

1\..

I penon)
A'

tJ

COLiabil\
Am '.<

In.

E..,...,...
1ru
Co.

1I1JlW9

CALIlO1f81045

oy
6,
9130100

000. 000

eolDbioId
wor.....
COlDpeIIlIatioD WQtter'.

14.
S.
Limit

COIIIl*PmoG

l!.
Sta KDry

lM.
1 1113<
it111' p~..
"
Co.
WLRC 41641: 52.

limill

99 9IJOIDG 14.
l/
000,

000 . Eleh ~
ACh
ccjdltt\Iaycn' Liability 14.000)000 D~
B_h
45 Collins Avaau_ Mlomi Beech
1$
1b.
1 befDrc the oxpirllllon .-.
lIo<
the llsuinC CDMPOllY
will

endeavor

moil

certificate

day.written

notice to the
but
hold....

aotic. . hall

Booken Trustis
FL

DiMUc/

llIIlled

roUcy

AllditionollDluncl. CODoc."'Io" Should

J.,
imit Other:Crcrwne PluaMilmi
o(fIle lIbave described poIioie. b.
CIII""

OIly

0(,

t'oilure

la

30

011:

ooO,ooO
Emptaywe SA,

to mail such

impose

no
or

obli~

n. bility of

ation
lilYkind