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2006 Grand Bay Club
RESOLUTION NO 2006-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A BEACH MANAGEMENT PLAN FOR ACTIVITIES WITHIN THE GOVERNMENT USE DISTRICT, PROVIDING FOR CONDITIONS, PROVIDING FOR IMPLEMENTATION, AND PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 30-102 of the Code of Key Biscayne, Flonda, recreational activities are permitted within the Government Use District upon approval of a Beach Management Plan by the Village Council, and WHEREAS, the applicant, Grand Club Partners, located at 425 Grand Bay Dnve North, Key Biscayne, Florida has submitted a Beach Management Plan proposing the use and operation of recreational activities within the Government Use Distnct for approval by Village Council, and WHEREAS, a public hearing of the Village Council was advertised and held, as required by law, and all interested parties were given an opportunity to be heard, and WHEREAS, the Village Council having considered the evidence presented, finds that the proposed activities comply with the requirements of the applicable codes and ordinances and do not constitute a threat to public safety or welfare, or constitute a danger or impediment to the public beach area to the extent the application is granted herein NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and confirmed Section 2 Approval of Beach Management Plan In accordance with Section 30-102 of the Village Code, the Village Council hereby authonzes and approves the Beach Management Plan, attached and incorporated herein Section 3 Conditions The Beach Management Plan as approved, is subject to the following conditions (1) During storage all lounges and chairs shall be stacked and chained together at a height not to exceed 4 feet (2) Non-motonzed or motonzed vessels shall not be used for the purpose of transporting passengers to or from the beach for the off -island use of motonzed vessels (3) Except for the authonzed emergency rescue vessel, the use of motonzed vessels is absolutely prohibited (4) The emergency rescue vessel shall be used solely for emergency rescue purposes and shall not be used to transport passengers or equipment to and from the beach for the purpose of assisting any non-motonzed vessel/water equipment rental operation(s) (5) The emergency rescue vessel shall have a four stroke engine or the best available technology, be equipped with an operational manne radio or wireless phone, and shall satisfy all U S Coast Guard safety requirements (6) Dunng permitted hours of operation the emergency rescue vessel shall be moored in the water or located at a site approved by the Village Public Works Director (7) None of the permitted activities, including the storage of any equipment and the placement of chairs and umbrellas, shall be maintained or conducted within fifteen (15) feet of the waterhne The fifteen (15) foot access pathway shall be clear at all times for emergency access and Village patrol 2 (8) Failure to comply with the provisions of the Beach Management Plan as approved, or the conditions of this Resolution shall result in automatic revocation of Beach Management Plan approval Section 4 Implementation That the Village Manager is hereby authorized to take any action which is necessary to implement this Resolution Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 23rd day of May, 2006 7/426(4,1c t, MAYOR ROBERT OLDAKOWSKI Af° CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE i l/rk7i ,if -1 --- VILLAGE ATTORNEY F \100\ 103001 \Resolutions\Resolution Approving Beach Management Plan Ritz doc 3 VILLAGE OF KEY BISCAYNE Department of Public Works 88 West McIntyre St , Suite 230 • Key Biscayne, FL 33149 • Phone (305) 365 8945 • Fax (305) 365 7757 BEACH MANAGEMENT PLAN - PERMIT APPLICATION Name of Property Street Address of Property Legal Description Lot(s) Name of Applicant Address Phone No Name of Property Owner (if Different from Applicant) Address Phone No Proposed Hours of Operation Proposed Area of Operations Proposed Storage Area Location Contents Permit Number BMP-02 Grand Bay Club 425 Grand Bay Drive North Grand Club Partners 425 Grand Bay Drive North, Key Biscayne, FL 33149 305-361-2900 Same Same Same Sunset to Sundown Beach Front — in front of dunes Chaise Lounges, umbrellas, non -motorized vessels, inflatables, one rescue personal watercraft If Applicable, Proposed Storage, Hours of Use, and Method of Fueling for N/A All Terrain Vehicle Village of Key Biscayne Beach Management Plan — Permit Application Page 2 If Applicable Number and Type of Proposed Non -Motorized Vessels' 20 Non -Motorized Vessels All applications must be accompanied by • A detailed and dimensioned site plan depicting the type and location of all proposed activity(ies), structures, garbage containers, storage areas and where the use of Vessels is proposed, the location of the proposed channel (subject to Council approval) • Indemnity and Insurance form (with Village as additional insured) in a form and amount approved by Village Attorney o See attached form • Proof of ownership of adjacent upland property or written authorization from upland property owner • Proposed safety & emergency plan (including storm management/preparation) o The set plan must be fully implemented upon issuance of a "hurricane warning by Miami -Dade County • Application fee plus the annual inspection fee for the approved activity as established by resolution pursuant to Section 30-4 of the Village Code • Any additional information as reasonably required by the Village Manager 1 / The use of motorized vessels is prohibited except for one (1) personal watercraft as defined in Section 327 02 F S maintained in good working condition and available for emergency rescue purposes only in accordance with Section 30-102(g)(9) of the Village Code COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the "Village") in accordance with Section 30-102(f) of the Village Code of Ordinances, Grand Club Partners (the "Applicant") hereby covenants and agrees as follows 1 Applicant shall defend, indemnify, and hold harmless the Village, its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage anses out of or is incidental to or in any way connected with (1) Applicant's estabhshment, use, and/or operation of certain recreational activities within the Government Use Zoning Distnct as specified in Applicant's Beach Management Plan, (2) Village approval of Applicant's Beach Management Plan, or (3) Applicant's breach of this Covenant of Indemnification and Insurance (the "Covenant") This Covenant shall survive the termination or expiration of the Beach Management Plan approval 2 Throughout Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning Distnct as specified in the approved Beach Management Plan, Applicant shall maintain the following A Commercial general liability insurance for bodily injury, death, or property damage occasioned by any act or occurrence ansing out of or in connection with Applicant's estabhshment, use, and/or operation of recreational activities within the Government Use Zoning Distnct as specified in Applicant's Beach Management Plan, with minimum liability limits of $1,000,000 00 for bodily injury or death of any one person and $2,000,000 00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1,000,000 00 for damage to property resulting from any one incident This shall include coverage for premises/operations, products/completed operations, contractual habihty, and independent contractors This policy shall include coverage for contractual liability specifically covenng the indemnity set forth in this Covenant The Village shall be named as an additional insured on this policy B Automobile habihty in the amount of $1,000,000 00 per occurrence combined single limit for bodily injury and property damage, covenng all vehicles owned, leased, rented or otherwise hired or used by Applicant in association with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning Distnct as specified in Applicant's Beach Management Plan The Village shall be named as an additional insured on this policy C Workers compensation and employer's liability, as required by Flonda Statutes 3 Simultaneously with its delivery of the executed Covenant, Applicant shall deliver to the Village Manager certificates of insurance indicating that the above referenced insurance coverage has been obtained consistent with the terms of this Covenant 4 Applicant agrees that in the event of any litigation ansing out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, at both the tnal and appellate level 5 Applicant represents that Applicant has the full nght, title and authonty to enter into this Covenant and to make the provisions hereof binding and in full force and effect IN WITNESS WHEREOF, the Applicant has executed this Covenant of Indemnification & Insurance on the O9' day of ///( 4,9-c , 2006 APPLICANT c_:wc.mck cAt 4,-.\--y\Qs ccp-_& cm Pre), aou � ,,,s ,, TZ IL)ct WITNESS By f % a .%ACC -e/2 0 /(-%chi li? 1 e5CCc 720 By Title T c Accepted by the Village of Key Biscayne, Flonda this day of 2006 LLAGE MANAG ATTEST HITA ALV,ARE LLAGE CLERK APPROVED AS TO FORM AND LEGAL FICIENCY VILLAG AT O ' EY F \103001\Agreements\Co enant of Indemnification doc April rl 2006 'Village of K r Biscayne rivls MUM-MIAMUM-MIA Dornanguer-HardtL A. sistant to the Director 8 % c t tylehityre Street Ke} Rts .*irn4., Fl 13149 Re Beach Management Plan Site plar her the pl-menet t c and stLirage of errand 33a 4. kul % equsprnent Dear Ms Dominguez -Hardie Below‘ pl .rsse linnf a detailed (k crnpt]on of the setup and ...tongc location of all equipment used hi. Olt . Grand Bav Club on tit( public beach arc i RP 1 personal motorized rescue l►atererraft is parked behind the erosion line within thy- rrar�r� Eta} Club propertir all tines l P 20 non.motorlied ac eh ktorcd ohm 5 feat of the trns on line (storage area marl, al in krr angc cite R i al tai,h map) 100 lounge chairs and 30 umbreHla6 tt up tor dour rrit rntbt.r, from .rn Eh� public beatl'i (marked vtt1r on the .ittai hed s tk llrtc. NH(' rnapt after sunset the f,.h i.rt stacked up +if !than ~1 feat of the ctosrorz late (within the area tharked �vdh orant c can thi map attached) '-hit€ tl,e bcdch uillhrel1 Ls art %tr rrt d i n Grind Club I, prnpeth P'kas( don t hesitate to contatE nit either 131,. l lions. at (105) 164,1-48.06 Or Ira trnail at grandhaN c bclls9uihnct 11 t,uu need tu.rthLr as,rstari e the matkr Brae:r ' 1w,, i' t'l 'Monika Les ann L)rrettrr of Actn ttto‘ End /A COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the "Village") in accordance with Section 30-102(0 of the Village Code of Ordinances, Grand Club Partners (the "Applicant") hereby covenants and agrees as follows 1 Applicant shall defend, indemnify, and hold harmless the Village, its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage anses out of or is incidental to or in any way connected with (1) Applicant's establishment, use, and/or operation of certain recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, (2) Village approval of Applicant's Beach Management Plan, or (3) Applicant's breach of this Covenant of Indemnification and Insurance (the "Covenant") This Covenant shall survive the termination or expiration of the Beach Management Plan approval 2 Throughout Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning Distnct as specified in the approved Beach Management Plan, Applicant shall maintain the following A Commercial general liability insurance for bodily injury, death, or property damage occasioned by any act or occurrence arising out of or in connection with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning Distnct as specified in Applicant's Beach Management Plan, with minimum habihty limits of $1,000,000 00 for bodily injury or death of any one person and $2,000,000 00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1,000,000 00 for damage to property resulting from any one incident This shall include coverage for premises/operations, products/completed operations, contractual liability, and independent contractors This policy shall include coverage for contractual liability specifically covering the indemnity set forth in this Covenant The Village shall be named as an additional insured on this policy B Automobile liability in the amount of $1,000,000 00 per occurrence combined single limit for bodily injury and property damage, covering all vehicles owned, leased, rented or otherwise hired or used by Applicant in association with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning Distnct as specified in Applicant's Beach Management Plan The Village shall be named as an additional insured on this policy C Workers compensation and employer's hability, as required by Florida Statutes 3 Simultaneously with its dehvery of the executed Covenant, Applicant shall deliver to the Village Manager certificates of insurance indicating that the above referenced insurance coverage has been obtained consistent with the terms of this Covenant 4 Applicant agrees that in the event of any litigation arising out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, at both the tnal and appellate level 5 Applicant represents that Applicant has the full nght, title and authonty to enter into this Covenant and to make the provisions hereof binding and in full force and effect IN WITNESS WHEREOF, the Applicant has executed this Covenant of Indemnification & Insurance on the 094 day of r%1 C' -Z , 2006 APPLICANT WITNESS By 6/ief)2� / C� � Gccr2 0 l-fc9r a /e5ra /2o By v �� Dui -� Ac3 ,tort rtacy,L 4,44 �-r 2 s C-,-15-tee DralW 901 Title Tom, L,,c\--- ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/09/06 PRODUCER Arthur J Arthur J 8200 N W Suite 200 Miami FL 33166 1 305 592 6080 Gallagher Risk Management Services Gallagher & Co (Florida) 41st Street THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED Grand Bay Club 425 Grand Bay Drive Key Biscayne FL 33149 INSURERA American Guarantee & Liability Ins Co INSURER BrLdgefield Emplyers Ins Co INSURER C Lexington Ins Co 19437 INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR ADD L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMJDD/YY1 POLICY EXPIRATION DATE (MM/DD/YYI LIMITS C GENERAL UABILITY COMMERCIAL GENERAL LIABILITY 2897738 02/01/06 02/01/07 EACH OCCURRENCE $1 000 000 X DAMAGE TO RENTE PREMISES (Eaoccurence) $ 50 000 CLAIMS MADE X OCCUR MED EXP (Anyone person) $ Excluded X $5 000 Ded Each Claim PERSONAL & ADV INJURY $ 1 000 000 GENERAL AGGREGATE $2 000 000 GEN LAGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OPAGG $ 2 000 000 POLICY JECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ A EXCESS/UMBRELLA LIABILITY AUC3748620 04 02/01/06 02/01/07 EACH OCCURRENCE $ 25 000 000 X OCCUR CLAIMS MADE AGGREGATE $ 25 000 000 DEDUCTIBLE RETENTION $ $ $ $ B WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE INCL OFFICER/MEMBEREXCLUDED? EXCL If yes describe under SPECIAL PROVISIONS below 830 33454 01/31/06 01/31/07 X TWRYORY LIMILIMITS OTH ER E L EACH ACCIDENT $ 1 000 000 E L DISEASE EA EMPLOYEE $1 000 000 E L DISEASE POLICY LIMIT $1 000 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Village of Key Biscayne is additional insured solely as respect to general liabilty CERTIFICATE HOLDER CANCELLATION Village of Key Biscayne 88 West McIntyre Street Key Biscayne FL 33149 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) vIRGOM 4055082 Powered BYCertificatesNowni ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001/08) SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 03/09/06 NAME OF INSURED Grand Bay Club Additional Description of Operations/Remarks from Page 1 Additional Information A)General Liability Liquor Liability $1 000 000 each common occurrence $1 000 000 aggregate Hired/Non-Owned Auto $1 000 000 Employee Benefits Liability $1 000 000 Each Occurrence $1 000 000 Aggregate @ $1 000 Deductible SUPP (05104) IMP 4 This instrument prcparcd by Name Address Julic M Schwan:, Lsq Grccnbcrg Traunt, Roffman LUpoff Roscn & Qucntcl P A 1121 Dnchcll Ascnuc Miami Flonda 33111 Parcel I D 11 24 5205 046 0040 RFC 115951)409 97R 153775 1997 APR 09 11 53 DOCSTPDEE 45,000 00 SURTX 33/750 00 HARVEY RUVIN, CLERK DADE COUNTY, FL SPECIAL WARR ‘NTY DEED TIIIS INDENTURE is made this 3�`'day of April 1997 between AWI KFY ASSOC! tTFS a Florida general partnership ( Grantor ) whose mailing address is 3250 Mary Street 5th floor Miami Flonda 33133 and GRAND CLUB PARTNERS A Fl ORIDA GENERAL PARTNFRSHiP ( Grantee ) whose mailing address is 3250 Mary Strcct 5th Floor Miami Florida 33133 and whose tax identification number is GRANTOR for and in e.onsidcration of the sum of TEN AND NO/100 DOI 1 ARS (510 00) to the Grantor in hand paid by thc Grantee and other good and valuablc consideration thc receipt whereof is hcrcby acknowledbcd has grantcd bargained and sold and hcrcby grants bargains sells and convcys to thc Grantcc and thc Grantcc s surccssors and assit,ns forctcr thc following dcscnbcd land situate lying and being in Dade County Flonda Tract D of GRAND BAY RESORTS AND RESIDENCES a subdivision according to thc Plat thereof recordLd in Plat Book 147 Page 23 of thc Public Rccords of Dade County Florida SUBJECT TO 1997 real cstatc taxcs matters which would be disclosed by an accurate survey of said land applicable zoning ordinances and conditions restrictions easements and other matters of rccord which arc not reimposed by this instrument GRANTOR SPECIALLY WARRANTS thc title to said land and will defend thc same against thc lawful claims of all persons claiming by throubh or under Grantor but against nonc other The undersigned comprise. all of the gcncral partncrs of Grantor iN WITNESS WHERLOF Grantor has causcd this instrumcnt to be si6ncd by its duly authonzcd gcncral partncrs thc day and ycar first above written /sarwARru.s 57149%ion Docito>'1 J S.4 4k� J I, 1 r� t — REC 11595N0410 Signed sealLd and delivered in the AWI KEY ASSOCIATES presence of these Nt itnesses Witness{, ///L Pnnt Name. e"- /,✓� a Florida general partnership BY W/L KEY CORI a Florida corporation General Partner _ By �.--- Namc w nr-f</ -+�� Witness I Title 5r'i .0i "' C /%0 lkr Pnnt Namc yF c. ► 2 and [CORPORATE SFAL] Witness Leeeee d.$, I3Y ALPHA HOLDINGS INC a Florida Pnnt me corporakoh a /�1 Partner d By � ?l Witness Name Ralph Dcscns Pnnt Namo'/, «„r,, �u€► Title President STATL OF FLORIDA SS COUNTY OF DADE [CORPORATE SEA( J The forch,oing instrument was ackn wled cd bcforc mc this 3rd day of Apnl 1997 by (-4 ) �o�t/ Nit, -15) as S/ V t<-{'>�i'r (t� of W/L KEY CORP a Florida corporation which is a general partner if( AWL KLY ASSOCIATES a Florida general part h chalf of the corporation and the partnership Ile personally appeared bcforc me and is crsonally kn to mc or produced a dnvcr s license as identification [NOTARIAL SEAL] OFFICIAL NOTARY SF.AI JOAN F S ISAK NOTARY PUBLIC STATE OF FLORIDA COMM15510\ t\O CC427685 MY COMMISSION FYI PFC 25,1998 6C71WA1TZllf 11IrSPN*i Doc 147 :t• .4-.`•"' •.ri.!.. • Notary -CLtc / Print amc / 70/14 F s his;}- FL Notary u lie State of Florida My commission expires 1i/ �9� r 74 t 11 icy n,n .t 2 Jdi.v REc I (59510411 STATE OF FLORIDA COUNTY OF DADE Thc foregoing instrument was acknowlcdbcd bcforL me this 3rd day of Apnl 1997 by RAI I I E DESENS as President of ALPIIA HOLDINGS INC a Honda corporation which is a bcneral partner in AWL KEY ASSOCIATES a Florida bcncral partnership on behalf of thL corporation and the. partnership He personally appeared bcforc me and is personally known to me or produced a driver license as identification [NOTARIAL SEAL] UFF1C1A1 \UTAKY SFA1 ion\ F" 15AK \OTAKY 1 UBI IC STATE OF Fl OKI1)A COMMI`,.S10\ NO CC -12 bib \iY C(1`1Miscit \ IOW DFC 2 iwti 4sc wwmtrzlif !71/19+401 DOC/4.0997 Notary ( u- - Pnnt imc 3 ^'v Notary Public State of Flonda My commission expires REC 1T595°10412 This instrument prepared by Name Julio M Schwartz Esq Addross Greenberg Traung Hoffman Lipot1 Rosen 8 Ouentel P A 1221 Bnckell Avenue M amt Florida 33131 PARTNERSHIP AFFIDAVIT STATE OF FLORIDA ss COUNTY OF DADE ) BJF9RE ME the undersigned authority personally appeared the undersigned GC/ e ( f '+� and Ralph E Desens (Afflants ) who being first duly sworn depose and say 1 lb ,4('/ �r'h (,^)) is the Si U" 4' of W/L Key Corp a Flonda corporation ( W/L KEY) and Desens is toeerPresident of Alpha Holdings Inc a Flonda corporation ( Alpha ) which corporations are the sole general partners of AWL Key Associates a Florida general partnership (the Partnership ) W/L Key and Alpha are sometimes collectively referred to herein as the Partners Affiants are duly authorized to and do make this Partnership Affidavit in said representative capacity on behalf of the Partners and the Partnership 2 The Partnership is currently in existence under a valid partnership agreement The Partnership is the owner in fee simple and is now in possession of that certain real property situate and being in Dade County Flonda more particularly described on Exhibit A attached hereto and by this reference incorporated herein (the Property ) 3 The Partners are the sole general partners of the Partnership The Partners are hereby authorized and directed on their own behalf and on behalf of the Partnership to execute and deliver all documents and other instruments as may be necessary or required in order to convey title to the Property to Grand Club Partners a Florida general partnership ( Purchaser") including without limitation such agreements amendments to purchase and sale agreements deeds assignments bills of sale affidavits closing statements and such other instruments and documents as may be necessary or required in order to consummate the conveyance all of which shall contain such terms and conditions as the Partners shall determine to be in the best interest of the Partnership with the signature of any officer of the Partners to be conclusive evidence of such determination and of the authority of the Partners to execute and deliver the same SCMNARTZJA35J54 SI 902 DOCJ AY97 I7595g04I3 4 Neither the Partnership nor either of the Partners have been debtors in a bankruptcy proceeding during the existence of the Partnership Neither of the Partners have been dissolved 5 The Affiants make this Partnership Affidavit on behalf of the Partnership in order to induce (a) Purchaser to purchase the Property and (b) Lawyers Title Insurance Company and its agents to issue a title insurance policy insuring Purchasers interests in the Property 6 Thi, Partnership Affidavit is made by Affiants in the aforesaid representative capacities solely as the act and on behalf of the Partnership and W/L Key and Alpha and the Affiants shall have no personal liability arising from this Partnership Affidavit nor shall any resort be had to any of Affiants personal assets on account hereof .„7--7 /(f/ -4 ^� (1 5/vJ1' of W/L Key Corp a F nda corporation RA/LPH E DESENS President of Alpha Holdings Inc a Florida corporation SWORN TO SUBSCRIBED AND ACKNOWLEDGED before me this "1 day of 1997 by I! r 'to. ,r"'4.i,,c,, as �� ✓ (' of W/L KEY CORP a Flonda corporation the general partner of AWL KEY ASSOCIA a Florida general partnership on behalf of such corporations and partnership He is •ersonally know to me or has produced as identification [NOTARIAL SEAL] 171CI AI NOTARY SF AI JOAN F SPISAK 1' XY PUNIC STATF OF Ft ()1(iD \ ()MMIS51O\ n0 CC42 681 ') AMISSION FXP DFC 2 INNS Name TORN r Sp' s.q,l� Notary Public State of Florida My Commission Expires ' >-/ CI; ,S ORN TO SUBSCRIBED AND ACKNOWLEDGED before me this 32'{ day of 1997 by RALPH E DESENS as President of ALPHA HOLDINGS INC a Flo'da .rporation the general partner of AWL KEY ASSOCIATES, a Flonda general partnership on behalf of such corporations and partnership He is ersonally known o me or has produced as identification [NOTARIAL SEAL] ()i F l( IAt \()1 AR) 5h Al It) \N F 61 1SAK \OTAhY I UM IC STATE OF Fl OKIDA (O 4\11', ION \C) cc•irM, \!YCO\1 In\ PO 11i( 2 1''+ SCNWARTTJi.57S4SFi9teo2IDOC, RJ»l r 2 Name -3-04-J F Notary Public State of Florida J My Commission Expires i>-/)-a1 ? b .F R« I/595'2414 EXHIBIT A Legal Qescnption Tract D of GRAND BAY RESORT AND RESIDENCES a subdivision according to the plat thereof recorded in Plat Book 147 Page 23 of the Public Records of Dade County Florida STATE OF FLORIDA COUNTY OF DADE 1 uEk BY CERTIFY thct the foregoing is o r and correct 11pL of ttt cnginol on file in this office % AD 20 —f— HARVEY RUVIN CLERK of C rcult and County o 1 Deputy Clerk SG HWARTIJ/85TKS/ifltt02, DOC/44197 CLUB TOWER CONDOMINIUM 2005 HURRICANE PREPARATION PLAN E d 8818 °N d3MOl 8010 Wd08 8 9006 9l ver "W EAT!! ER WORDS YOt SWJT LD KNOW 1 Atmospheric Pressure- this is the weight of the air (going all the way unto the edge of the attnosphere) on any given point on the ground It is measured with an tnstruuaent called a barometer 2 Eye Wall- this, is the area around the hurricane's eye where its strongest winds are 3 Evacuation Orders- this signals that a. storm threatens your immediate area Local and State governments take this action to allow residents as much time as possible to get of danger Lvacuatton orders are desigmed to clear residents from dangctous areas by the time tropical storm (orc,e winds arrive, not by thc atiival of the eye of the storm 4 High- "Highs" happen when cool an, chilled by nights and the seasons of the earth, condenses and sinks Generally high pressures mean good weather 5 Hurricane- llus intense tiopical weathei system has sustained wind speeds of 74 mph or higher 6 Hurricane Warning- indicates that huiicane conditions are expected in a specified area within 24 hours and your preparations should be complete if you aie evacuating, you should be on the way to your evacuation site 7 Hurricane Watch- inndK,ates that humc,ane conditions are possible in a specified area within 36 hours 8 Local State of Emergency- this is when the county begins mobilving to protect lives and property it's also the time to start putting your own Hurricane Plan into action 9 Low- this is the complete opposite of a "High" It happens when the sunlight or thc seasons warm the au, which then expands and rises, often this means stormy weather 10 Ridge- An elongated area, usually oval shaped, of high pressure 1 1 Storm Surge- This large wall of water builds up as a hurricane moves over the ocean and can produce flooding up to 20 feet deep in phac,es and affect mole than 100 miles of coastline lwacuation zones arc identified by their likelihood of bang flooded by the rising water 12 Tropical Storm Warning- liopical Storm conditions ace expected in a specified area within 24 hours 13 Tropical Storm Watch-- i ropical Storm conditions are possible, in a specified aic,a within 16 hours 1 d CCt8 °N HMO1 an]) Wd0E E 9006 9l ver 14 Trough- An elongated area of low pressure 15 Tropical Depression- a complete low-pressure circulation with wtnd5 up to 38 mph 16 Tropical Disturbance- An area of. thunderstorms in the tropics that keeps its identity for 24 hours or more 17 Tropical Storms- these organized systems of strong thunderstorms have sustained wmds from 30 to 73mph Tropical Storms arc dangerous and can quickly develop into hurricanes 18 Warm and Cold Fronts- Picture a mass of warm air sitting over us in the wrntei A hunch of cold cur blows m from Alaska The zone where the cold meets the warn is called a fiont When the cold air is pushing the warm air away, it is called a cold front and vice versa 19 Vapor Loop- McaMurc.S the, water vapor in clear not cloudy air Thi .. glut, rorL astc,rs a maim al air current' that will help steer a hurruane ALL ABOUT HURRICANES Hurricanes are strong and dangerous storms that should be taken very seriously as they create a great threat to property and li re The Hurricane Season in South Florida begins June 1st through November 306 Hurricanes are categorised by strength according to then wind spc,c,d • Category One • Category Two • Category 1lucie • Category Foui • Category Five Winds of 74 mph to 95 mph Winds of 96 mph to 110 mph Winds of 110 mph to 130 mph Winds ot 135 mph to 155 mph Winds ot 155 mph or greater The higher the category of a Hurricane, the mole damage that will result Category One STORM SURGE 4-5 FEET ABOVE NORMAL. No real damage to building structures Damage primarily to unanchored mobile homes, shrubbery and trees, also, some coastal road flooding and minor pier damage 2 5 d 88 8 °N d3MOl 8n13 Wd08 8 90H 12r Category Two STORM SURGE 6-8 FEET ABOVE NORMAL Some roof damage Door and window damage to buildings Considerable damage to vegetation, mobile homes and pieis Coastal and low-lying escape routes flood 2-4 hours before arrival of center Small craft to unprotected anchorage will break moorings Category Three STORM SURGE 9-12 FEET ABOVE NORMAL. Som structural damage to small residences and utility buildings with a minor amount or curtain wail failures Mobile homes are destroyed Flooding near the coast damages smaller structures with large structures damaged by floating debris Terrain continuously lower than 5 feet above sea level may be flooded inland as far as 6 milts Category Four STORM SURGE 13.18 FEET ABOVE NORMAL. More extensive curtain wall failures with some complete roof structure failures on some small residences Major erosion in beach areas Major damage to lower flows of structui cs near the slime Terrain continuously lower than 10 feet above sea level may be flooded requiring massive evacuation of residential area inland as far as 6 miles Category_. lfive STORM SUTRGE. GREATER THAN 18 FEET ABOVE NORMAL. Complete roof failure on many residences and industrial buildings Some complete building failures with small utility buildings blown over or away Major damage to lower floors of all structures located less than 15 feet above sea level and within 50 yards of the shoe eline Massive evacuation of t esidential areas on low ground within 5 - 10 miles of the shoreline may be required Before a storm strikes there are two official types of warnings 1. A "hurl icane watch' means a hurricane may strike an area within 24-48 hours 2. A "hurricane warning" means a hurricane is expected to strike m 24 hours 01 less RFFoRF THE HURRICANE Or THE SEASON NOW You Should Have on Hand. + At least a seven-day supply of bottled water (seven bottles per person) and canned food that can be eaten without iefrigeration (be sure to have a manual can opcnei on hand) • At least. two 6 -volt flashlights on hand (Do not use candles This may cause a fire and emergency crews may not be able to piovide assistance) Have extra batteries avai.lablc 3 9 d E818 ON d3MQ1 8 13 Wd08 8 9002 9l u'r " A f u l l y s t o c k e d F i r s t A i d k i t " A f i r e e x t i n g u i s h e r " A b a t t e r y p o w e r e d p o r t a b k e r a d i o a n d e x t r a b a t t e r i e s " A s u p p l y o f m a s k i n g o r d u c t t a p e " A g a l l o n o f b l e a c h " I n t h e e v e n t y o u a r e g o i n g t o b e o u t o f t o w n d u r i n g t h e h u r r i c a n e s e a s o n , m a k e a r r a n g e m e n t s w i t h a f r i e n d , r e l a t i v e o r n e i g h b o r t o r e m o v e a l l i t e m s f r o m y o u r b a l c o n y a n d / o r s e c u r e y o u r h u r r i c a n e - s h u t t e r s I f t h e A s s o c i a t i o n '