HomeMy WebLinkAboutBack-Up DocumentsLOCATION: 230 SW 3RD STREET
MIAMI FLORIDA 33130
Prepared by and return recorded copy to:
City of Miami Resilience and Public Works Department
Attention: Director
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130-1910
GRANT OF EASEMENT
THIS INDENTURE made this day of 2022, between THE
CITY OF MIAMI, a municipal corporation of the State of Florida, in the county of Miami -
Dade, having a principle office at 444 SW 2nd Avenue, Miami, Florida 33130 (hereinafter
called the "GRANTEE"), and Lancelot Miami River, LLC, a Florida limited liability company,
having a principle address of 3150 SW 381h Avenue, Suite 530 Miami, Florida 33146,
together with its successors, and assigns, (hereinafter called the "GRANTOR")
WITNESSTH:
THAT, the GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00)
and other good and valuable considerations, the receipt of which is hereby acknowledged
by the GRANTOR, has voluntarily and freely granted and does hereby grant to the
GRANTEE, its successors and assigns, forever, the right and privilege of a perpetual,
exclusive easement on that portion of the property of the GRANTOR, shown and described
as "City of Miami Storm Drainage Maintenance Easement" on EXHIBIT "A", attached hereto
and made a part hereof (hereinafter called the "PROPERTY" or "EASEMENT"), solely for
the operation and maintenance of existing stormwater utility facilities located within the
EASEMENT (hereinafter called the "FACILITIES"), with the right to reconstruct, improve,
and remove the FACILITIES within the EASEMENT, and with the full right of ingress thereto
and egress therefrom with thirty (30) days prior written notice to the GRANTOR.
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The GRANTEE shall regulate the future operations of the FACILITIES so as not to
conflict with the normal operations or activities of the GRANTOR; however, the GRANTEE
shall have full right to enter upon the EASEMENT at any time when emergency repairs of
the FACILITIES are required.
To the extent allowed by Florida Law (§768.28, Florida Statutes) the GRANTEE
agrees to indemnify, defend and hold harmless the GRANTOR from all and against all suits,
claims, judgments, and all loss, damage, costs, attorneys fees and court costs or charges
arising directly and indirectly from the maintenance, repair, reconstruction, improvement,
removal, use or existence of the FACILITIES within the EASEMENT.
The GRANTEE shall be held responsible for any damage to adjacent property as a
result of the future operation of the FACILITIES.
The GRANTEE during the course of maintenance and future operations of the
FACILITIES shall not encroach beyond the boundaries of the EASEMENT or any other
easement that may be granted by the GRANTOR. Should the EASEMENT be abandoned or
discontinued by law or otherwise, the said EASEMENT shall cease and revert with the right
of immediate possession and right of entry to the GRANTOR or its successors in interest.
The GRANTEE agrees to restore, at GRANTEE'S sole cost and expense, any damage
to the FACILITIES caused as a result of the use of the FACILITIES by the GRANTEE OR
GRANTEE'S agents to a condition acceptable by the City of Miami Public Works Director.
Such restoration shall be done prior to the expiration of this Agreement. The EASEMENT
shall have a term of ten (10) years and shall automatically renew for additional terms of
ten (10) years each unless it is declared null and void by a court of competent jurisdiction
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or cancelled of record; provided, however, in the event the existing parking garage located
on the GRANTEE'S property at 444 SW 2 Avenue is demolished, then the EASEMENT shall
automatically terminate without further action.
This instrument and its exhibits contain the full and final understanding between
the parties as to its subject matter. It supersedes all prior and contemporaneous oral or
written understandings, communications or documents exchanged between the parties as
to its subject matter.
This EASEMENT shall be construed in accordance with the laws of the State of
Florida. Venue in any proceedings between the parties shall be in Miami -Dade County,
Florida.
This EASEMENT runs with the land and binds the GRANTOR and his/her heirs,
successors and assigns to the property. The GRANTEE may record this instrument in the
public records of the County.
The GRANTOR does herby fully warrant that it has good title to the PROPERTY and
that it has full power and authority to grant this EASEMENT.
[SIGNATURE PAGE FOLLOWS]
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LOCATION: 230 SW 3RD STREET
MIAMI FLORIDA 33130
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed
and signed the day and year first above set forth.
Signed, Sealed and Delivered
in the presence of:
FIRST WITNESS:
Sign:
Print Name:
Address:
SECOND WITNESS:
Sign:
Print Name:
Address:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
GRANTOR:
Lancelot Miami River LLC, a Florida limited
liability company
By: Adler Lancelot Manager, LLC, a
Florida limited liability company, its
Manager
an
Name: David Adler
Title: Manager
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization this day of .2022 by David S. Adler, as
Manager of Adler Lancelot Manager, LLC, a Florida limited liability company, the
Manager of Lancelot Miami River, LLC, a Florida limited liability company, who [ ] is/are
personally known to me or [ ] has/have produced as identification, and who
acknowledged before me that they signed the above instrument with full authority as set
forth therein, on behalf of Applicant. Personally Known ❑ or Produced Identification❑.
Type of Identification Produced
Print or Stamp Name:
Notary Public, State of _
Commission No.:
My Commission Expires:
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Exhibit "A"
Sketch and Legal
(see attached)
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