HomeMy WebLinkAboutBack-Up DocumentsLOCATION: 300 SW 2nd AVENUE
MIAMI FLORIDA 33130
Prepared by and return recorded copy to:
City of Miami Resilience and Public Works Department
Attention: Director
444 SW 2nd Avenue, 8dh 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 CH Riverside LLC, a Delaware limited liability company, having
a principle address of 4855 Technology Way, Boca Raton, Florida 33431, 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 the "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
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ingress thereto and egress therefrom with thirty (30) days prior written notice to the
GRANTOR.
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
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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
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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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 )
CH Riverside LLC a Delaware limited
liability company
By: Riverside Miami Apartments JV LLC, a
Delaware limited liability company,
its Administrative Manager
By: MCRT Riverside LLC, a Delaware
limited liability company, its
Manager
am
Name: Andrea L. Rowe
Title: Managing Director
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization this day of , 2022 by Andrea L. Rowe,
Managing Director of MCRT Riverside LLC, a Delaware limited liability company, the
Manager of Riverside Miami Apartments JV LLC, a Delaware limited liability company,
the Administrative Manager of CH Riverside LLC, a Delaware limited liability company,
who [ ] is personally known to me or [ ] has 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 Description
(see attached)