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Home My WebLink AboutExhibitPage 1 of 12 This instrument prepared by and shall be returned to: City of Miami Department of Resilience Public Works Department Attention: Director of Public Works 444 5W 2nd Avenue, 8' Floor Miami, FL 33130 Location: 2201 N Miami Avenue & 2245 N Miami Avenue Folio No.: 01-3125-013-0010 & 01-3125-002-0010 Area Reserved for Recording PERPETUAL EASEMENT THIS EASEMENT made this -2-4 day of 2020 by 2201 N. MIAMI AVE OWNER, LLC, a Delaware limited liability company, whose address is 4700 Wilshire Blvd., Los Angeles, CA 90010 ("Grantor"), to the CITY OF MIAMI, a. Florida municipal corporation, its successors and assigns, whose address is 444 SW 2nd Avenue, Miami, FL 33130 ("Grantee"). WHEREAS, Grantor is the owner of fee simple title in and to the property described in Exhibit "A" (the "Property") WITNESSETH, that Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto Grantee, its successors and assigns, a perpetual easement for public pedestrian ingress and egress over and upon the easement area described below, with full authority to enter upon said land lying in Miami -Dade County, Florida, viz: SEE LEGAL DESCRIPTION AND SKETCH ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN AS EXHIBIT "B". RIGHTS GRANTED TO GRANTEE, Grantee shall have the right of usage and enjoyment of the easement area for public pedestrian ingress and egress purposes. Grantor shall construct and maintain a sidewalk within the easement area and clear and keep clear all trees, undergrowth, and other obstructions that may interfere with the normal ingress and egress upon the easement area by Grantee, and out of and away from the public right-of-way. Grantor, its successors and assigns, agree not to build, construct or create nor permit others to build, construct or create, any buildings or other structures on the herein granted easement area that may interfere with the normal ingress and egress purpose. Grantor further grants Grantee the reasonable right to enter upon the easement area for the purpose of exercising the rights herein granted. Grantor shall maintain the sidewalk within the easement area in good condition and repair. Grantor reserves the right to grant other easements within the easement area, and to use 4836-1395-3207.3 Page 2 of 12 the easement area primarily for Grantor's own benefit, provided such other easements and uses do not interfere with Grantee's use of the easement area as granted hereby. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever, together with a covenant hereby knowingly, voluntarily and freely given by Grantor not to sue or to maintain any civil or other claim, demand, cause of action, debt, default, or other relief against the said Grantee and its successors and assigns from any or all personal injury, property damage, or diminution of property rights arising from or accruing by virtue of Grantor's activities, acts and omissions under this easement and/or construction on and/or maintenance to the lands, if any, owned by Grantor, laying adjacent, continuous or abutting to the lands hereinabove described and Grantor shall defend title to said lands against all persons claiming by, through or under said Grantor, and shall indemnify, defend, and hold harmless Grantee against any and all claims, costs, expenses, deficiencies, liabilities, judgments, losses, damages, or suits (including related counsel fees at trial and appellate proceedings, and court costs) arising from or in connection with Grantor's activities under this easement, in whole or in part. Insurance. Grantor shall maintain in full force at all times during the term of this agreement, a commercial general liability coverage affording bodily injury, including death and property damage with limits of $1,000,000.00 per occurrence, $2,000,000.00 policy aggregate. The certificate shall include coverage for premises liability, and any other applicable coverage exposures as applicable, in connection with this easement. The certificate shall reflect a primary and non contributory basis, and shall reflect Grantee as an additional insured on this coverage. The insurance policy shall be procured and premiums paid by Grantor. The effective date of the policy shall be prior to or on the effective date of the Easement and the policy term or any renewals thereof shall remain in effect for the term of the Easement. The insurance carrier for the policy must be rated no less than A- as to management and no less than Class (V) as to strength by the latest edition of Best's Insurance Guide and must be approved by the City of Miami Risk Manager. Grantee shall be listed as Additional Insured under the policy. Proof of insurance shall be supplied to the satisfaction of Grantee prior to the issuance of any permits. A Certificate of Insurance bearing Grantee as "Additional Insured" shall in no way relieve Grantor of the obligation to add Grantee as "Additional Insured" to the actual insurance policy. The insurance policy shall provide that Grantee be given at least thirty (30) days advance written notice of any material changes, cancellation or non -renewal notification of any policy and, in the event of such material change, cancellation or non -renewal notification, Grantor shall immediately replace said policy with another policy to the satisfaction of Grantee with the receipt of a certificate of insurance for such policy by Grantee at least ten (10) days prior to the effective date of the material changes, cancellation or non -renewal of any policy. In the event that Grantee is not in possession of same by such date, then Grantee shall have the right to immediately secure a similar insurance policy in its name with the total cost of the premium and all monies that may become due during the term of the easement being charged to Grantor and Grantee shall have the right to declare and establish said costs as a lien on property described herein of Grantor, enforced as any lien provided for under the statutes of the State of Florida. Grantor agrees to increase from time to time, as required by the City of Miami Code, the limits of the comprehensive liability insurance policy required to be provided pursuant to this Easement, upon the written request of Grantee. 4836-1395-3207.3 Page 3 of 12 This Easement agreement shall be binding upon successors and assigns, personal representatives, heirs, executors, and administrators, of the parties hereto. This Easement agreement will be construed under the laws of the State of Florida. Venue in any action or proceeding between the parties arising out of this Easement agreement shall be in Miami -Dade County, Florida. Grantor's representative below is hereby authorized and directed to execute this perpetual easement with Grantee. [SIGNATURE PAGE FOLLOWS] ►_��.�rrmx�zixx��y►j►a 4836-1395-3207.3 Page 4 of 12 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of. Witness: 4 Print Name: 741, �— Address: i700 W/ LSHIIL6 3z-- G/I o4 Witness: Print Name: Address: g76U_ W (Sha'.,re � STATE OF CALIFORNIA COUNTY OF LOS ANGELES GRANTOR: 2201 N. MIAMI AVE OWNER, LLC, a Delaware limited liability company By: 2201 N. �LkiMI7liab OLDINGS, LLC a Delawari edy company, its sale member Kuba, The foregoing instrument was acknowledged before me by means of R[ physical presence or ❑ online notarization, this 2((e day of M%rG/ 2020, by Shaul Kuba, as Vice President of 2201 N. MIAMI AVE HOLDINGS, LLC a Delaware limited liability company the sole member of 2201 N. MIAMI AVE OWNER, LLC, a Delaware limited liability company, who is personally known to me to or who has produced as identification, and who did (did not) take an oath. ( tur 0, Qr a -- 0ve&vl e (Print/ -Ty e Name) My Commission Expires: Serial No., if any: Notary Stamp: O.MAYORGA OVERTONE Notary Public - California r ins Angeles County < < u My Commission # 2260262 Comm. Expires Sep 28. 2022 Signature Page Page 5 of 12 ATTEST: M. Todd B. Hannon, City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: M. Victoria Mendez, City Attorney CITY OF MIAMI, a municipal corporation of the State of Florida Arthur Noriega V., City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management Department Signature Page Page 6 of 12 Exhibit "A" Legal Description Parcel 1: Lots 1, 2, 3, 4 and 5, Block 1, Fleming and Pearson Subdivision, Less the West 20 feet of Lots 1, 2 and 3, according to the Plat thereof, as recorded in Plat Book 3, Page 146, of the Public Records of Miami -Dade County, Florida. Parcel 2: Lot 5 according to the Amended Plat of Shaw's Re -subdivision as recorded in Plat Book 7, Page 120, of the Public Records of Miami -Dade County, Florida. Exhibit "A" Page 7 of 12 Exhibit `B" (Legal and Sketch for Sidewalk Easement) Exhibit `B" 80112 PERPETUAL EASEMENT AREAS AT "WYNWOOD SQUARE" PARCEL 1: THAT PORTION OF LOT 5, AMENDED PLAT OF SHAW'S RE -SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, AT PAGE 120, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE NORTH 87°37'26" EAST, ALONG THE NORTH LINE OF SAID LOT 5, A DISTANCE OF 24.99 FEET TO A POINT OF TANGENT CUSP OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89059'00", A DISTANCE OF 39.26 FEET; THENCE NORTH 02021'34" WEST, ALONG THE WEST LINE OF SAID LOT 5, A DISTANCE OF 24.99 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL 2- THAT PORTION OF LOTS 3, 4, AND 5, BLOCK 1, FLEMING AND PEARSON SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, AT PAGE 146, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 87°37'26" WEST, ALONG THE SOUTH LINE OF SAID LOTS 3, 4, AND 5, A DISTANCE OF 225.71 FEET; THENCE NORTH 02°21'34" WEST, ALONG A LINE 20 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID LOT 3, A DISTANCE OF 35.01 FEET TO A POINT OF TANGENT CUSP OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°01'00", A DISTANCE OF 39.28 TO A POINT OF TANGENCY; THENCE NORTH 87°37'26" EAST, ALONG A LINE 10 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE OF LOTS 3, 4, AND 5, A DISTANCE OF 203.13 FEET; THENCE SOUTH 11'16'28" WEST, ALONG THE EAST LINE OF SAID LOT 5, A DISTANCE OF 10.29 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA, AND CONTAIN 2,538 SQUARE FEET, MORE OR LESS. HSQ GROUP, INC. PROJECT: WYNWOOD SQUARE MIC Engineers • Planners • Surveyors PROJECT NO.: 151189 1001 Yamato Rd., Suite 105 DATE: 3/6/19 Boca Raton, Florida 33431 • 561.392.0221 CA26258 • LB7924 SHEET 1 OF 3 ZASurvey Projects\2015\151189S Wynwood Square\legels\wynsq_rw.docx Page 9of12 NOTES: 1. THIS DRAWING IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT(S) UNLESS OTHERWISE INDICATED. 3. THERE MAYBE ADDITIONAL RESTRICTIONS NOT SHOWN HEREON THAT MAYBE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, SUCH INFORMATION SHOULD BE OBTAINED BY OTHERS THROUGH AN APPROPRIATE TITLE SEARCH. 4. THIS IS NOT A SURVEY. IT IS A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. ABBREVIATIONS: A = ARC LENGTH PG. = PAGE M.D.C.R. = MIAMI-DADE COUNTY RECORDS P.O.B. = POINT OF BEGINNING D = DELTA (CENTRAL ANGLE) RADIUS = RADIUS P.B. = PLAT BOOK RIW = RIGHT-OF-WAY SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON MEETS THE STANDARDS OF PRACTICE CONTAINED IN CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. DON A C. WEST PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION N0, LS4290 ZASurvey Projects\2015\151189S Wynwood Square\legals\wynsq_rw.docx age 10 of 11. I I i , , , I NW CORNER I ! I <<, NE 23RD ^ �j LOT 5 (P.B. 7, PG. 120)-- _ r, 4--�- --------- STREET 24.99' N87°37'26"E i N. LINE LOT 5 6' ° (P.B. 7, PG. 120) N N D=89 59'00" 1 o R=25.00' z A=39.26' } PERPETUAL �I EASEMENT AREA 35' 1 35' (PARCEL 1) LOT 5 AMENDED PLAT OF SHAW'S Ln o N RE -SUBDIVISION (P.B. 7, PG. 120, M.D.C.R.) 1 W (3 CL I J r 1I, LJ.1 3 c0 z W ---------T---- --------------- ---- I 20' I �1 LOT 1 I r 1 QI � ______________ 4 — -_i LOT I LOT 5 I V n L LOT 2 i BLOCK 1 y, FLEMINd AND PEARSON .bI UBDIVISION { 1 r6 I (P.. 3, PG. 146, MI D.C.R.) 1 i 1---------------_------ __4 PERPETUAL } I LOT 3 AREA i S. LINE LOT 5 I D=90001'00" EASEM�NT (FARCE 2) (P.B. 3, PG. 146) -_ + R=25.00' A=39.28' N87°3T26"E 1203.13' 1 j I � ; I f Z _- S870371261W 225.71' ------------ --------�_ NE 22ND STREET ------ ------ LEGEND: CENTERLINE n Cj _ Co:) ,� -- ----__ P.O.B. SE CORN( PERPETUAL EASEMENT AREAS REVISIONS PROJECT: WYNWOOD SQUARE PROJECT NO.: 1511-89 LOT 5 (P.B. 3, PG. 146)1 316119 JDV DCL NIA DATE BY CK'D FIELD BK. SCALE: 1 " = 50' SHEET 3 OF 3 ZASurvey Projects120151151189S Wynwood Squareldwg1151189sk.dwg Page 11 of 12 JOINDER BY MORTGAGF,IE. The undersigned SUMITOMO MITSUI BANKING CORPORATION, as administrative agent for the benefit of itself and other lenders, the Mortgagee under that certain Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, recorded April 2, 2019 in Official Records Book 31387, Page 3235 of the Public Records of Miami -Dade County, Florida, covering all/or a portion of the property described in the foregoing Perpetual Easement does hereby acknowledge that the terms of the Perpetual Easement are and shall be binding upon the undersigned and its successors in title. ��,,//�� IN WITNESS WHEREOF, these presents have been executed this /w day of `-�v1P,�, 2020. SUMITOMO MITSUI BANKING CORPORATION, as Administrative Agent By: (j'1_0__ Name: CARL ADAMS Title: MANAGING DIRECTOR Address: 277 Park Avenue New York, New York 10172 [NOTARY BLOCK ON NEXT PAGE] Joinder by Mortgagee to Perpetual Easement Page 12 of 12 STATE OF tA Qr k, } COUNTY OF BEFORE ME, the undersigned authority, this day appeared &Lr\ AA2%MS . known by me to be the ire of SUMITOMO MITSUI BANKING CORPORATION and he/she ac cnowledged to and before me that he/she executed the said instrument, acting in his/her said official capacity, for and as to the act and deed of said corporation and in its name, for the uses and purposes therein mentioned, and after being duly authorized and directed. I-le/She is: personally known to me, or [ ] produced as identification. WITNESS my hand and official Seal in the County and State aforesaid, on this, the day of M AA CJ,--) , 2020. My Commission Expires: 2$17-0-3 -S- Notary P b Print Nante JUDY SANG NOTARY PUBLIC, STATE OF NEW YORK NO. 01SA5072872 QUALIFIED IN THE COUNTY OF NEW YORK COMMISSION EXP. 2 "/2,/2-0 L3 Joinder 1 Mortgagee to Perpetual Easement