HomeMy WebLinkAboutExhibitATTACHMENT A
This instrument prepared by, or under the
supervision of (and after recording, return to)
Kimberly S. LeCompte, Esq.
Greenberg, Traurig, P.A.
1221 Brickell Avenue
Miami, Florida 33131
AMENDMENT TO EASEMENT AGREEMENT
THIS AMENDMENT TO EASEMENT AGREEMENT {"Amendment") is made and entered
into as of the _ day of April, 2006, by and between the City of Miami, a municipal corporation
("Grantor") and City National Bank of Florida, national banking corporation, as trustee under Land
Trust Agreement Number 2401-1863-00 ("Grantee").
RECITALS:
A. Grantor and Grantee are the parties to that certain Easement Agreement made and entered
into as of the 18'n day of November, 2005 and recorded in the Official Records Book 24097, Page 2136 of
the Public Records of Miami -Dade County, Florida (the "Agreement").
B. The parties desire to amend the Agreement in certain respects as more particularly set
forth below.
NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth
hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor and Grantee hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if
repeated at length.
2. Precedence: Defined Terms. This Amendment shall be deemed a part of, but shall take
precedence over and supersede any provisions to the contrary contained in the Agreement. All initial
capitalized terms used in this Amendment shall have the same meaning as set forth in the Agreement
unless otherwise provided.
3. Term of Easement. The Term set forth in paragraph 2 of the Agreement shalt be revised
so as not exceed four (4) years from November 18, 2005.
4. Easement Area. The legal description and sketch for the "Easement Area" set forth as
Exhibit "C" to the Agreement shall be deleted in its entirety and replaced with the legal description and
sketch set forth as Exhibit "A" attached hereto.
5. 1Misceljaneois. Except as specifically modified hereby, all of the provisions of the
Agreement which are not in conflict with the terms of this Amendment shall remain in full force and
effect.
[The remainder of this page is intentionally left blank]'
EXECUTED as of the date and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF: .
GRANTOR:
CITY OF MIAMI, a municipal corporation
By:
Print Name: Name:
Title:
Print Name:
GRANTEE:
[Corporate Seal]
CITY NATIONAL BANK OF FLORIDA, a
Print Name: national banking association, as Trustee
under LAND TRUST AGREEMENT
NUMBER 2401-1863-00
Print Name: By:
William E. Shockett, as Executive
Vice President and Trust Officer
CITY NATIONAL BANK OF FLORIDA
EXECUTES THIS INSTRUMENT SOLELY
AS TRUSTEE UNDER LAND TRUST
AGREEMENT NUMBER 2401-1863.00 AND
NOT INDIVIDUALLY AND NO PERSONAL
JUDGMENT SHALL EVER BE SOUGHT OR
OBTAINED AGAINST SAID BANK BY
REASON OF THIS INSTRUMENT.
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of April, 2006, by Joe
Arriola, as City Manager the City of Miami, a municipal corporation, on behalf of the corporation and
limited partnership. He/She personally appeared before me and is personally known to me or produced
as identification.
My Commission Expires:
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged
E. Shockett, as executive Vice President and Trust 0
the trust. He personally appeared before me
as identification.
My Commission Expires:
Print Name:
Notary Public, State of Florida
[NOTARIAL SEAL]
before me this day of April, 2006, by William
fficer of Land Trust No. 2401-1863-00, on behalf of
and is personally known to me or produced
Print Name:
Notary Public, State of Florida
[NOTARIAL SEAL]
JOINDER:
The undersigned consent to the execution, delivery and recordation of the Amendment to Easement
Agreement.
THE BRICKELL HEIRS:
(i)
As to the heirs of George M, Brickell
(a) Paul Sanders
(b) Edward Sanders
(c) Barbara Jean Bradford (daughter of Minnie L.
Sanders and daughter of Jack Sanders
(deceased))
By:
Robert E. Gallagher, Jr., their authorized
representative and attorney -in -fact
Date:
(ii) As to the heirs of Maude E. Brickell
(a)
(b)
(c)
(e)
(f)
(g)
By:
Kathy D. Glenn, the daughter of and legal heir
to Archie K. Purdy, a/k/a David K. Purdy
David E. Snyder
Elizabeth Snyder Gordon
Carol M. Snyder
Dwight P. Snyder
John W. Snyder
Dwight Sullivan, their authorized representative
and attorney -in -fact
Date:
(iii) As to the heirs of Charles C.B. Brickell
(a) Beatrice A. Brickell
(b) James B. Brickell, Jr.
(c) Elinor Brickell, wife of James B. Brickell,
deceased
By,
Robert E. Gallagher, Jr., their authorized repre-
sentative and attorney -in -fact
Date:
(iv) As to the heirs of William B. Brickell
(a)
(b)
(c)
(d)
By:
Linda C. Minor as personal representative of the
Estate of William O. Brickell
Marjorie O. Brickell
Marjorie Brickell Family Trust
William O. Brickell Family Trust
Robert E. Gallagher, Jr., as the authorized
representative and attorney -in -fact
Date: