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Home My WebLink AboutExhibitThis instrument prepared by, and after recording please return to: Carli Koshal, Esq. Bercow Radell Fernandez Larkin & Tapanes, PLLC 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 Parcel ID: 01-3125-028-0910, 01-3125-028-0920, 01-3125-028-0930, 01-3125-028-0940, 01- 3125-028-0950, 01-3125-028-0960, 01-3125-028-0970, and 01-3125-028-1020 PUBLIC ACCESS EASEMENT THIS EASEMENT made this Vday AA f , 2021("Easement") by LMV H Wynwood Holdings, LP, whose address is 700 NW 107 Avenue, Miami, FL 33172, ("Grantor"), to the CITY OF MIAMI, a Florida Municipal Corporation its successors and assigns, whose address is 444 SW 2 Avenue, Miami, FL 33130 ("Grantee" or "City"). WHEREAS, Grantor is the owner of fee simple title in and to the property described in Exhibit A (the "Property"); WHEREAS, the Property is located in the T6-8-0 and T5-0 transect zones within the Wynwood Neighborhood Revitalization District (NRD-1), subject to development standards pursuant to Appendix J of Zoning Ordinance 13114, as amended, of the City ("Miami 21"); WHEREAS, Grantor intends to develop the Property as an eleven (11) story, mixed -use residential project comprised of 189 dwelling units, 16,753 square feet of commercial space, and 324 parking spaces (the 'Project"); WHEREAS, the Project was approved via Waiver Final Decision No. 2018-0171 ("Waiver Approval"); WHEREAS, the Waiver Approval indicates that the Project includes approximately 37,545 square feet of bonus height for levels nine (9) through eleven (11); WHEREAS, Grantor has submitted Building Permit Application No. BD19-006982-001, pursuant to the Waiver Approval, that shows an eleven (11) story, mixed -use residential project comprised of 189 dwelling units, 16,310 square feet of commercial space, and 318 parking spaces ("Building Permit Project"); WHEREAS, the Building Permit Project includes approximately 37,387 square feet of bonus height for levels nine (9) through eleven (11) ("Public Benefit Bonus"); WHEREAS, a portion of the Public Benefits Bonus has been satisfied in accordance with Miami 21, Appendix J, Section 3.3 the Wynwood Public Benefits Program, through payment in Public Access Easement Page 1 of 10 the Wynwood Public Benefits Trust Fund, an amount equivalent to $135,302 of square feet of Public Benefit Bonus floor area; WHEREAS, Grantor has agreed to satisfy a portion of the Public Benefits Bonus through provision of a Pedestrian Passage, a Civic Space type pursuant to Miami 21, Article 4. Table 7.g., incorporated into Project, in accordance with Miami 21, Appendix J, Section 3.3.b.3 (the "Civic Space"); WHEREAS, the Civic Space is restricted to pedestrian use and limited vehicular access, is approximately fifty feet (50') in width, connects NW 28 Street and NW 29 Street, and access is donated to the City and the public via this Easement; WHEREAS, pursuant to the criteria set forth in Miami 21, Appendix J, Section 3.3.b.3, for a development project within the NRD-1 boundaries that donates a Civic Space Type or Civil Support Use on site to the City, an additional two (2) square feet of area for each square foot of donated space or use, up to the Bonus Height, described in Section 3.3.c, Miami 21, Appendix J ("Civic Space Bonus Area"); and WHEREAS, the Civic Space consists of 3,506 square feet, as further delineated on the diagram prepared by Rhett Roy Landscape Architecture -Planning, dated _October 29, 2018, attached and incorporated hereto as Exhibit C, which amounts to a Civic Space Bonus Area of 27,482 square feet to be counted towards the Public Benefits Bonus pursuant to Miami 21, Appendix J, Section 3.3.b.3 ("Easement Area"). WITNESSETH, that the Grantor for and in consideration of the Civic Space Bonus Area and other good and valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto Grantee, its successors and assigns, a perpetual non-exclusive easement solely for public access purposes, within the Easement Area, as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Easement are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Public Access and Maintenance. Grantor acknowledges and agrees to provide for public access to the Easement Area 24-hours a day upon substantial completion of the Building Permit Project and upon issuance of a Certificate of Completion or Certificate of Occupancy ("Easement Commencement Date"). From and after the Easement Commencement Date, Grantor shall maintain and keep in good repair the Easement Area for its intended uses, except as otherwise provided herein or approved by City from time to time. 3. Use of the Easement Area. Grantor reserves the right to grant other easements within the Easement Area, and to use the Easement Area primarily for Grantor's own benefit. Specifically, but without limitation, Grantor shall have the right within the Easement Area (a) to grant utility easements, (b) to install, maintain, repair, and replace utility facilities, (c) to install, maintain, repair and replace improvements (including pavers and landscaping), and (d) to make such other reasonable alterations or modifications. Notwithstanding the foregoing, Grantor shall not grant other easements or use the Easement Area in such a matter as to prevent or materially interfere with Grantee's use of the Easement Area as granted hereby. Further, notwithstanding anything to the contrary in this Easement, Grantor shall have the right to partially or completely close the Easement Area (each being a "Closure") in connection with the maintenance, repair, Public Access Easement Page 2 of 10 improvement, alteration or modification of the Easement Area, provided that no complete Closure shall exceed thirty (30) consecutive days. 4. Insurance. The Grantor shall maintain in full force at all times during the term of this agreement, general liability coverage with a minimum limit of $1,000,000.00 per occurrence and a minimum $2,000,000.00 policy aggregate listing the Grantee as an additional insured on this coverage as detailed in the Insurance Requirements described in Exhibit B. 5. Destruction of the Project. In event the Building Permit Project is demolished or destroyed by casualty event or Act of God, the parties agree that the purposes and intent of this Easement shall no longer be applicable to the Property, and upon written notice by Grantor, a Release of this Easement, approved as to form by the City Attorney, shall be executed by the Grantor and by the Planning Director and recorded in the Public Records of Miami -Dade County. 6. Amendment and Modification. This Easement may be modified, amended, or released as to any portion or all of the Easement Area only after occurrence of either (1) satisfaction by other means permitted by Section 3.3 of Miami 21, Appendix J, including but not limited to payment into the Wynwood Public Benefits Trust Fund of $13.66 per square foot for every reduction in square foot of qualifying Civic Space Bonus Area identified herein, or (2) in accordance with the provision in Section 5 regarding demolition or destruction of the Building Permit Project by casualty event or Act of God. 7. Recording. This Easement shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Grantor. Grantor shall furnish a copy of the recorded Easement to the City Planning Department within thirty (30) days of recordation. 8. Successors. This Easement shall be binding upon successors and assigns personal representatives, heirs, executors, and administrators, of the parties hereto. 9. Authority to Sign. The Grantor's representative below is hereby authorized and directed to execute this perpetual easement with the Grantee. 10. Term. The provisions of this Easement shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the (i) then Owner(s) of the Property (or if any portion of the Property has been submitted to the condominium form of ownership, then by the association established to operate the condominium in lieu of all of the owners thereof) AND (ii) the Directors of the Departments of Resilience and Public Works, Planning, and Building of the City of Miami, subject to the approval of the City Attorney as to legal form and correctness, or their respective designees or successors, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Property for the purposes herein intended. 11. Severability. Invalidation of any of these provisions by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 12. Counterparts/Electronic Signature. This Easement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such Public Access Easement Page 3 of 10 counterparts shall together constitute but one and the same Easement. The parties shall be entitled to sign and transmit an electronic signature of this Easement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Easement upon request. 13. Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal business hours to enter upon the Property for the purpose of investigating the use of the Property and for determining whether the conditions of this Easement are being complied with. Enforcement of this Easement shall be by action against the parties to this Easement or persons violating or attempting to violate any covenants in this Easement or the then Owner(s) at the time the violation is committed. This enforcement provision shall be in addition to any other remedies available at law, in equity, or both. The violations may also be enforced by City Code, Chapter 2, Article X, titled Code Enforcement. 14. Indemnity. Grantor shall indemnify, defend, and hold harmless the City, it's employees, officers and agents from and against any and all actions, claims, suits, demands, liabilities, losses, damages, and causes of action of any nature whatsoever against the City relating to, arising out of, or in connection with, in whole or in part, this Easement; from and against all costs, fees, expenses, liabilities, any orders, judgments, or decrees which may be entered; and from and against all costs for attorneys' fees, expenses, and liabilities incurred in the defense of such claim or in the investigation thereof. If any action or proceeding is brought against the City by reason of a claim, Grantor, upon notice from the City, shall, at its expense, defend the action or proceeding. The City shall have the sole right to choose its counsel, including the City Attorney's office or outside counsel. The City retains the right to make all decisions with respect to its representations in any legal proceeding, including its inherent right to abandon or settle litigation. [Signature Pages Follow] Public Access Easement Page 4 of 10 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 two (2) witnesses or corporate seal as required by Florida Law. WITNESS: Z"�z (Signat re of W' ess) Lltul (Print/Type/Name of Witn ss) Jo (Signatur of Witness) Aol ', Cam e 0- 1 t'rlwt (Print/Type Name of Witness) STATE OF FLORIDA COUNTY OF MIAMI-DADE LMV II WYNWOOD HOLDINGS, LP, a Delaware limited partnership By: Lennar Multifamily BTC Venture H GP Subsidiary, LLC, a Delaware limited liability company, its General Partner; By: Lennar Multifamily BTC Venture H Manager, LLC, a Delaware limited liability company, its Manager By: Name: G PrVIl5 /0-5 s "eY Title: __1!. P . The following instrument was acknowledged befor me physical presence OR Elonline ration, his $-y'i� day of otlYt) 20n by s ray , who is ersona y own to me o or who has ;ed as 1 entification, an w o did (did not) 1 oath. _ A Notary Stamp: lJJti�a .,ufi�rre�� o<is`Y °�e'••., LU1SA MARIA GUTIERREZ (Pri t/Type Name) ? '~�'•G� _ Notary Public - State of Florida oQ; Commission # GG 281018 My Comm. Expires Dec 2, 2022 Bonded through National Notary Assn. My Commission Expires: . Serial No., if any: Public Access Easement Page 5 of 10 APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney Digitally signed Snow, David by Snow, David Date: 2022.08.01 16:35:58-04'00' FOR; Lakisha Hull, AICP, LEID AP BD+C Director, Planning Department Public Access Easement Page 6 of 10 F,X14YRIT A PROPERTY LEGAL DESCRIPTION PARCEL I: Lots 7, 8, 9 and 10, in Block 5, of AMENDED PLAT OF ST. JAMES PARK, according to the Plat thereof, as recorded in Plat Book 4, Page 41, of the Public Records of Miami -Dade County, Florida. PARCEL 2: Lots 11, 12 and 13, in Block 5, of AMENDED PLAT OF ST. JAMES PARK, according to the Plat thereof, as recorded in Plat Book 4, Page 41, of the Publir. Records of Miami -Dade County, Florida. PARCEL 3: Lot 18, in Block 5, of AMENDED PLAT OF ST. JAMES PARK, according to the Plat thereof, as recorded in Plat Book 4, Page 41, of the Public Records of Miami -Dade County, Florida. Parcel ID: 01-3125-028-0910, 01-3125-028-0920, 01-3125-028-0930, 01-3125428-0940, 01-3125- 028-0950, 01-3125-028-0960, 01-3125-028-0970, and 01-3125-028-1020 Public Access Easement Page 7 of 10 EXHIBIT B INSURANCE REQUIREMENTS- EASEMENT Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Umbrella Liability Each Occurrence $1, 000, 000 Public Access Easement Page 8 of 10 General Aggregate Limit $1,000,000 City of Miami listed as an additional insured. Coverage is excess follow form over all liability policies contained herein. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Public Access Easement Page 9 of 10 ---------- -------- - -------------- M -all IM,. SW I MIT, m a o ---------- ---------------------------- !ME,it r, 7 Z REA 2,167 SF NW CORNER z WCORNER �ffORNER �ORNERrc WATERPROOFING LEGEND ................ ............. C GROUND FLOOR PLAN 0 m x 3 REVISION #6 Exhibit C- Sketch and Legal w a z W w CD 0 i 0 0 R. z w w a w a 0 0 0 z r 0 0 0 i 0 0 R. cn' 12 I� I I I I I I I I I L24 J I I24 I I I 14 I 15 I 16 I 17 I 18 I 19 120 121 I 22 1 23 25 I- I- I -I -Ir STREET 26 II — _ _ N.W. 29 — — — TH — w T-1�W I I-l�T�� l LU �I I 1 2 12 11 10 — r6� I rlig I' 1 3 �QI dAT 0 24 I I 241 4 15 16 1 1 22 23 25 IIII � I26 0pl Z -1-I L L -_- Z, — —N.W_ _ 2t1-T�— —1 —T 24 l 16 1 17 1 18 1 19 1 20 21 I 2� 2' I � 25 1 r 3 J l' 1 1 1 1 I(j I I I. I l z =I I I.I I LOCATION MA A PORTION OF THE S.W. 1/4, OF N.E. 1/4, OF SECTION 25, TOWNSHIP 53 SOUTH RANGE 41 EAST UTAUT—nenP. rnTTWW n1RmA NOT TO SCALE SURVEYOR'S NOTES: 1) —This is not a Boundary Survey, but only a GRAPHIC DEPICTION of the description shown hereon. 2) —Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. 3) —There may be additional Restrictions not shown on this Sketch & Legal that may be found in the Public Records of this County, Examination of Title Commitment will need to be made to determine recorded instruments, if any affecting this property. 4) —North arrow direction shown hereon are based on an assumed meridian along the Center Line line of the N.W. 29th Street, as shown on the Municipal Atlas City of Miami, Sheet 21 G. Miami —Dade County, Florida. 5) —The Sketch and Legal Description shown herein is based on the information provided by the Client. 6) —No title research has been performed to determine if there are any conflict existing or arising out of the creation of the easements, Right of Ways, Parcel Descriptions, or any other type of encumbrances that the herein described legal may be utilized for. SURVEYOR'S CERTIFICATE: I Hereby Certify to the best of my knowledge and belief that this drawing is a true and correct representation of the SKETCH AND LEGAL DESCRIPTION of the real property described hereon. I further certify that this sketch was prepared in accordance with the applicable provisions of Chapter 5J-17.051 (Formerly 61G17-6), Florida Administrative Code, and conforms to the Standards of Practices set forth by the Florida Board of Land Surveyors and Mappers pursuant to Section 472.027, Florida Statutes. Ford, Armenteros & Fernandez, Inc. L.H. #6557 Date: November 2nd, 2021 aooRc,, Digitally signed Revision: ?� :GF� ; by Ricardo B "°.♦ 36 ` . - Rodriguez y' --Rodriguez Date: Ricardo Rodriguez, P.S.M., For the Firm �"sio••'` oaoP.;.&�"�� 2021.1102 Professional Surveyor and Mapper . a s State of Florida, Registration No.5936 13:34:48-04'00' c LEGAL DESCRIPTION: A PORTION OF LOT 9 AND LOT 18, BLOCK 5, OF "AMENDED PLAT OF ST. JAMES PARK", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, AT PAGE 41, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 18; THENCE NO2'08'19"W, ALONG THE WEST LINE OF SAID LOT 18 AND WEST LINE OF SAID LOT 9 FOR A DISTANCE OF 138.26 FEET, THENCE N87'47'21 "E FOR A DISTANCE OF 29.89 FEET; THENCE S02'12'39"E FOR A DISTANCE OF 22.40 FEET, THENCE S87'47'21"W FOR A DISTANCE OF 10.14 FEET, THENCE S02'12'39"E FOR A DISTANCE OF 67.77 FEET; THENCE N87'47'21"E FOR A DISTANCE OF 14.59 FEET; THENCE S02110'55"E FOR A DISTANCE OF 22.98 FEET; THENCE S87'47'21 "W FOR A DISTANCE OF 12.34 FEET; THENCE S02'12'40"E FOR A DISTANCE OF 13.10 FEET, THENCE N87'47'21"E FOR A DISTANCE OF 12.35 FEET; THENCE S02'10'55"E FOR A DISTANCE OF 11.86 FEET; THENCE S87'32'31"W, ALONG THE SOUTH LINE OF SAID LOT 18 FOR A DISTANCE OF 34.49 FEET TO THE POINT OF BEGINNING. CONTAINING 3,506 SQUARE FEET MORE OR LESS. A [i��liF\F�l\.TCdi7Zi7 - ..\�IG�1�7aB1�1�1`I`11►1`flK�l�1L\��Ll►7a�da►�\�IG�1�7aN1�1�1�J�la�►��V1�GlI a � u I �o I oN zlo I • I —bcoo AMENDED PLAT OF ST. JAMES PARK (P.B. 4, PG. 41) cIC S A W LOT 17 BLOCK 5tn I �c I I " o o WEST LINE OF LOT 18, BLOCK 5 �5000,u 0.0' 1 m (P.B. 4, PG. 41) NO2'08'19"W 138.26' — - ---- N\ cn z Z I r N 00 z Co v oN CD N\ J�V N J -� o Co ao �I • � r LA LAroo I Nip o m �A, � Iv I � m\N N\� S02'12'39"E 67.77 =Eby m _ co cl s rri c° b r Col j � o W � * ,b N g cn rril mr r 00 = v oo O 22.40' I I � 11S02'12'39"E .8 22.98'�^ �v I S92'10'55"E S02'10'55"FEAST LINE LOT 18, BLOCK 5 — - ----_Z-(P.B.4, PG. 41) 5.00' I I I I N 20.00' �a LOT 19, BLOCK 5 I ml I P.B. 4, PG. 41) —�I I AMENDED PLAT OF ST. JAMES PARK ( Io I I I i I y �Fn o N CONSENT AND JOINDER BY MORTGAGEE The undersigned SANTANDER BANK, N.A., as Agent, as Mortgagee under that certain Mortgage, Assignment of Leases and Rents and Security Agreement from LMV II WYNWOOD HOLDINGS, LP, a Delaware limited partnership, effective as of March 18, 2020, recorded in Official Records Book 31872, at Page 84, of the Public Records of Miami -Dade County, Florida (the "Mortgage), covering all/or a portion of the property described in the Public Access Easement (the "Easement") to which this Consent and Joinder by Mortgagee is attached, does hereby consent to and joins in the recording of said Easement and agrees that the terms thereof are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this day of ram, 2022. Signed & sealed in our presence: STATE OF FLORIDA COUNTY OF MIAMI-DADE online SANTANDER BANK, N.A., As Agent By: �'— Tit] . 1/je g7 �'� s rrj�iv r The foregoing instrument was acknowledged before me by means of X physical presence or ❑ notarization on this 2-9 day of __c-_> r , 2022, by JACkLi�-U as of SANTANDER BANK, N.A., as, on ehalf of the limited liability company, who is personally known to me or produced as identification. Notary ate of Florida Print Name: My Commission Expires: %+j�� Z.G; Zp L,LJ WO 960240 ' N ' 0 qa�yp°hdadlti��`, �1 �Zn;/CSTA� r ��o\��