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Home My Public Portal About1996-16 Beach Park dedication agreement, Ocean Club to VillageRESOLUTION NO. 96-16 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING THE DEDICATION OF THE "BEACH PARK" PURSUANT TO THE DEDICATION AGREEMENT BY KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE DEDICATION AGREEMENT ON BEHALF OF THE VILLAGE; AUTHORIZING THE VILLAGE CLERK TO RECORD THE DEDICATION AGREEMENT IN THE PUBLIC RECORDS OF DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the requirements of Resolution Z-10-95, Key Biscayne Ocean Club Limited Partnership wishes to dedicate certain real property known as the "Beach Park" to the Village, as set forth in the Dedication Agreement attached to this Resolution; and WHEREAS, the Village wishes to accept the dedication of the "Beach Park" pursuant to the Dedication Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the Village hereby accepts the dedication of the "Beach Park" pursuant to the Dedication Agreement. Section 2. That the Village Manager is hereby authorized to execute the Dedication Agreement on behalf of the Village. Section 3. That the Village Clerk is hereby authorized to record the Dedication Agreement in the Public Records of Dade County, Florida. Section 4. Effective Date. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 14th day of May , 1996. 3.L__%k__ F. FESTA, MAYOR KITES GUIDO H. INNUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY: giaAAL(LA SAS VILLAGE ATTORNEY -2 E&: 1 7988P03453 9'8R079856 1998 FEB 20 16:03 DEDICATION AGREEMENT (Beach Park) THIS DEDICATION AGREEMENT is made as of the day of January, 1998, by KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP (t e "Partnership"), a Delaware limited partnership, in favor of THE VLT LLAGE OF KEY BISCAYNE (the "Village"), a Florida municipal corporation. Partnership is the owner of fee simple title to certain real property (the "Ocean Club Development Area") situated within the corporate limits of the Village, in Dade County, Florida. Pursuant to Resolution No. Z-10-95 of the Village, adopted by the Village Council on July 27, 1995, the Village approved a special exception and height variances for the Ocean Club Development Area, subject to certain conditions, including without limitation requirements that Partnership (a) dedicate to the Village land to be owned, held, developed and used by the Village as a municipal beach club/recreation area, in connection with which requirement this Agreement is made, and (b) contribute the sum of $250,000.00 (the "Park Contribution") to the Village to fund certain park improvements. Now therefore, in consideration of the foregoing, Partnership hereby agrees and declares as follows: 1. Dedication. Partnership hereby dedicates to the Village, for the uses and purposes herein set forth, the real property (the "Dedicated Land") legally described on Exhibit A attached hereto and made a part hereof. The Village hereby acknowledges receipt of payment in full of the Park Contribution. 2. Use. The Dedicated Land will be owned, held, developed and used by the Village solely as a Village beach park for the use, enjoyment and benefit of residents of the Village and their guests; provided, that no activity or condition will be conducted or permitted upon the Dedicated Land that would constitute a nuisance with respect to neighboring residential uses. 3. Inurement. This Dedication Agreement will inure to the benefit of and be enforceable by the Partnership and the Village, their respective successors and assigns. ,;k; c . � ;\r[ 0.6E1 SURTX (L t lUNTY, r't_ DOCSTPDEE 0.60 SURTX 0.4` HARVEY RUVIN, CLERK DADE COUNTY, Fl This instrument was prepared: H. William Walker, Jr. White & Case LLP 200 S. Biscayne Blvd. 49th Floor Miami, Florida 33131 Please record and return to: Steven W. Zeklowitz Weiss, Scrota & Helfman,P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 miami 138014 [2yhgOlf.DOC] 17988PC3454 IN WITNES executed as of the Witnessed: REOF, the Partnership has caused this Dedication Agreement to the day ofJanuary, 1998. Name: /A/Ye"' la dtVcike&& Name: ANA d Vii Yana STATE OF FLORIDA ) SS. COUNTY OF DADE KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP, a Delaware limited partnership By: Ocean Club Holdings Limited Partnership, a Delaware limited partnership, General Partner By: Ocean Club Holdi _ s, Inc., a P - ware torpor. Name: ohn A. Hinson Title: Preside Date: January 1998 THE VILLAGE OF KEY BISCAYNE FLORIDA, a Flgri a municipal corporation Name: C. Samuel Kissiner Title: Village Manager Date: —February 18, 1998 85 west McIntyre Key Biscayne, FL Resolution 96-16 PASSED AND ADOPTED 14th day Street 33149 of May, 1996. This instrument was acknowledged before me this 16 day ofJanuary, 1998, by John A. Hinson, as President and on behalf of OCEAN CLUB HOLDINGS, INC., a Delaware corporation, as General Partner and on behalf of OCEAN CLUB HOLDINGS LIMITED PARTNERSHIP, a Delaware limited partnership, as General Partner and on behalf of KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP, a Delaware limited partnership; and he is personally known to me. (Notary Seal) Notary Public State of Florida at Large My commission expires: Pelella } • Notary Public, State of Florida 'tot po My Commission Exp. 06/07/20‘ 1 -$40 -3 -NOTARY - PIe. Nosy se*. A G' �t�`Y �� Monica r miami 138014 (2yhg011.DOC) -2- Ek I79B8PC3455 STATE OF FLORIDA COUNTY OF DADE LrY. as FLORIDA, a Florida muni6ipal corporation, on known to me. QFFAWAL NOTARY taw Ee6j�& -JIITA H ALVARF.L NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO CC601618 MY COMMISSION EXP. NOV. 14,2000 February d b re me this nday of , 1998, by of THE VILLAGE OF KEY BISCAYNE, f of the Village; and /he is personally ...------ ,i/4/aaf&id Notary Public State of Florida at Large l r a cPaiQ My commission expires: miutu 138014 I2yhg0l 1.DOCJ -3- 2E: 1 7988PC3456 EXHIBIT A (BEACH PARK) LEGAL DESCRIPTION That portion of the South 1100 feet of Tract "G" FIRST ADDITION TO BISCAYNE KEY ESTATES, as recorded in Plat Book 53 at Page 19 of the Public Records of Dade County, Florida, lying within the following described land: A portion of Tract "G" FIRST ADDITION TO BISCAYNE KEY ESTATES as recorded in Plat Book 53 at page 19 of the Public Records of Dade County, Florida, more particularly described as follows: Begin at the Northwest Corner of said Tract "G" said point being on the East right of way line of Ocean Drive; thence S01°47'53"E along said East right of way line of Ocean Drive for 194.99 feet to a point of curvature; thence Southerly and Easterly along an 88.62 foot radius curve leading to the left through a central angle of 88°47'07" for an arc distance of 137.32 feet to a point of tangency; thence N89°25'00"E for 591.19 feet to a point on the East line of said Tract "G"; thence N06°02'25"W along said East line of Tract "G" for 105.98 feet; thence departing said East line of Tract "G" S89°25'00"W for 570.08 feet; thence N01 °47'54"W for 176.21 feet to a point on the North line of said Tract "G"; thence S89°25'37"W along said North Line of Tract "G" for 100.02 feet to the POINT OF BEGINNING. miami 138014 [2yhg011.DOC) EL 179888345T RECORDED IN OFFICIAL RECORDS BOOK OF AADE COUNTY, FLORIDA. RECORD VERIFIED HARVEY RUVlN CLERK CROW COURT DOCUMENT COVER PAGE FOR DEDICATION AGREEMENT (Beach Park) This instrument was prepared by: H. William Walker, Jr. White & Case 4900 first Union Financial Center 200 South Biscayne Boulevard Miami, Florida 33131 Record and return to: Steven W. Zelkowitz, Esq. Weiss, Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive Suite 420 Miami, FL 33133 (11