HomeMy WebLinkAboutExhibit SUBinstrument prepared by and after recordation Return to.
] I f.. (, IInhni. Est/
Greenberg T'nrurig. P. -I
1221 Brickcll 1 'enue
\ hatm. r ioroO I I I l
RELEASE OF EASEMENT IN ORIGINAL AGREEMENT AND
GRANT OF NEW EASEMENT AGREEMENT
Know All Men By These Presents That:
I RG-OMP, LTD., f)., a Horida limited partnership ("One Miami") as the owner of certain
properly in the City of 'Miami. Florida, legally described in Exhibit "A", and the CITY
OF MIAMI. a municipal corporation of the State of Florida ("City": and together with
(inc Miami. the "Parties"), as the parties to that certain Agreement (the "Original
Agreement") between Miami Center Joint Venture, a Florida Joint Venture (as
predecessor -in -interest to One Miami) and the City, dated September 30, 1988 and
recorded October 23. 1990 in Official Record Book 14754, Page 261, which instrument
contains easements between Miami City Joint Venture and the City dated January 21,
1983 (the "Original Easement''), for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, hereby agree as follows:
1. The Parties do hereby forever hilly release, terminate, cancel, and
discharge those certain easements and all other rights of and with respect to and
contained within the Original Agreement, and
2. One 'Miami does hereby grant, give and convey to the City, its successors
and assigns. a perpetual non-exclusive easement for public. non -vehicular (other than for
emergency vehicles), pedestrian access, ingress and egress, twenty-four hours a day,
seven days a week, over and across the surface of the following described land (the
"Riverwalk Easement"), situated in the City of Miami, County of Dade, State of
Florida. to -wit:
See attached sketch and legal description for the Riverwalk Easement on Exhibit
B. attached hereto and made a part hereof (the "Riverwalk Easement Area'').
It is understood andagreed by and beteeen the Parties that One Miami has
designed and constructed a pedestrian walkway on the property hereby granted and shall
always maintain said walkway so as not to allow it to be or become a nuisance.
The project was funded, in part, by the City of Miami to assure continuous
waterfront access. 24 hours a day. for the people of Miami.
Reserving unto One Miami. its successors and assigns the right of ingress and
egress across, through, and into, above and below such Riverwalk Easement by One
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL BACKUP. O I INAL CAN BE
SEEN T END c. TI� I OCU
n.:..-.w'.r,aim.tbtMENT
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Miami, their successors, assigns, guests, invitees. and persons doing business with One
Miami. including the use of the waterfront abutting the Riverwalk Easement for
pern issible marina and other purposes. public and private, or either to use the Riverwalk
Easement Area for underground. installation and maintenance and facilities for Utilities;
and for other purposes not inconsistent with the public use of the Riverwalk Easement as
a River Walk.
In the event of civil riot or other emergency or (with the advice and prior consent
of the City of Miami Chief of Police or his designee in the Police Department. and the
prior consent of the City Commission of the City), if needed to control theft or other
violation of property or personal rights. reserving unto One Miami, it successors and
assigns, moreover, the right to regulate the hours and manner of public use of the
Riverwalk Easement so as to control access to the boats and shops and structures on One
Miami's property adjoining the Riverwalk Easement. In light of the public's interest in
the Riverwalk Easement, such regulations shall be narrowly drafted so as to be for the
shortest duration(s) and most limited scope necessary.
.And further. reserving unto One Miami. it successors and assigns, whatever legal
rights One Miami. its successors and assigns may have under other grants of conveyance.
easement or license existing on this date.
One Miami, its successors and assigns hereby agree to indemnify and hold
harmless the City._ its officials and employees. its successors and assigns, from any and
all liability, costs, actions, claims, damages, and expenses including reasonable attorney's
fees, arising in connection with the construction and maintenance of the landscaped
Riverwalk Easement Area by One Miami, provided, however, that nothing stated herein
shall be construed as an assumption of liability by One Miami resulting from the public's
use of the Riverwalk Easement Area.
I his Release of Easement in Original Agreement and Grant of .New Easement
Agreement is made by One Miami. its successors and assigns on the condition that if the
general public and/or the City, its successors or assigns, permanently ceases to use the
Riverwalk Easement for public purposes as a Riverwalk. title to the Riverwalk Easement
shall revert to and vest in (inc Miami. its successors and assigns. For purposes of this
paragraph. "permanently" shall mean a continuous period of one (1) year, which shall not
include such times as One Miami is regulating public use pursuant to the terms of this
Agreement to be less than twenty-four hours a day, seven days a week.
This Release and Modification of Easement Agreement is being entered into to
satisfy the requirements set forth in Paragraph 5 of the Agreement between the City and
One Miami for Construction and Maintenance of a Riverwalk, entered into as of June 24,
2003. as authorized by Resolution No. 03-465 adopted by the Commission of said City at
a meeting held on May 8, 2003.
This Release of Easement in Original A.greement and Grant of New Easement
Agreement requires the approval of the City of Miami City Commission and. upon such
approval. will be recorded by One Miami in the public records of Miami -Dade Count_
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL BACKUP. ORIGINAL, CAN BE
SEEN ATEND OF THIS DOCUMENT
Florida, and a recorded copy promptly furnished to the City of Miami Directors of the
Department of Public Facilities and of the Department of Public Works. All agreements
between the parties not referenced herein remain in effect.
[Remainder of the page intentionally left blank.]
THIS DOCUMEN1y IS A SUBSTITUTION TO
ORIGINAL BACKUP. ORIGINAL CAN BE
SEEN AT END OF THIS DOCUMENT
IN WITNESS WHEREOF, the Parties have caused these presents to be duly
executed this day of , 2006.
First \\'fitness
Witness Print Name & Address
Second Witness
Witness Print Name & Address
STATE OF FLORIDA
ss
C'OLINI IY OF MIAMI-DADS )
TRG-OMP, LTD.. a Florida limited partnership
By: TRG-OMP. Inc., a Florida corporation. its sole
general partner
Bv:
Print Name:
Its:
Attest:
Secretary
The foregoing instrument was acknowledged before me this day of
2006, by as of TRG-OMP. INC.. a Florida corporation.
sole general partner of TRG-OMP. LTD.. a Florida limited partnership. on behalf of said
corporation and said limited partnership. who is personally known to me or presented
as identification.
NOTARY PUBLIC
Name:
Serial No.
My Commission expires:
[Remainder of the page intentionally left blank.
THIS DOCUMENT
8 A SLLST1TUTION TO
ORIGINAL BA '!' jP. dGN L CAN BE
SEEN AT END r=T�S CANT
.. ..:. ..,.m:.a.aecvaaaa ^:yx:�o-r7va,uc
IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed the day
and year first above written.
CITY OF MIAMI, a municipal corporation of
the State of Florida
By:
ATTEST.:
Priscilla A. Thompson
City Clcrk
Pedro G. Hernandez. City Manager
APPROVED AS TO FORM AND CORRECTNESS:
Jorge L. Fernandez
City Attorney
MAPTEMIT,219,5271,7M471.91WiilliWt.WerSZN.V.099,941411,11,114W1:49MAnYCSA,
THIS DOCUMENT IS A SLIE",..,-31-1111'1/uN TO
ORIGINAL BACKUi'-'. ORiONAL CAN BE
SEEN AT END OF THIS DOCUMENT
• tiam.901T,
s instrument prepared by and after recordation Return to:
Jo ' Goldman, Esq.
Ore e erg, Traurig, P.A.
/22] : "-ken' Avenue
Miami, •rida 33131
LEASE OF EASEMENT IN ORIGINAL AGREEMENT AND
GRANT OF NEW EASEMENT AGREEMENT
Know All Men By Thes: 'resents That:
TRG-OMP, LTD., a Fl. da limited partnership ("One Miami") as the owner of certain
properly in the City of tv i, Florida, legally described in Exhibit "A", and the CITY
OF MIA TI, a municipal c.,i.oration of the State of Florida ("City"; and together with
One Miami, the "Parties"), the parties to that certain Agreement (the "Original
Agreement") between Miami Center Joint Venture, a Florida Joint Venture (as
predecessor -in -interest to One mi) and the City, dated September 30, 1988 and
recorded October 23, 1990 in Offic 1 Record Book 14754, Page 261, which instrument
contains easements between Miami ty Joint Venture and the City dated January 21,
1983 (the "Original Easement"), for 1.•od and valuable consideration, the receipt and
sufficiency of which are hereby acknowle. •,ed, hereby agree as follows:
I. The Parties do hereby fore r fully release, terminate, cancel, and
discharge those certain easements and all o per rights of and with respect to and
contained within the Original Agreement; and
One Miami does hereby grant, give . convey to the City, its successors
and assigns, a perpetual non-exclusive easement for puic, non -vehicular (other than for
emergency vehicles), pedestrian access, ingress and e -ss, twenty-four hours a day,
seven days a week, over and across the surface of the . lowing described land (the
"Riverwalk Easement"), situated in the City of Miami, aunty of Dade, State of
Florida, to -wit:
See attached sketch and legal description for the Riverwalk asement on Exhibit
B, attached hereto and made a part hereof (the "Riverwalk > .a ent Area").
It is understood and agreed by and between the Parties that to ,e Miami has
designed and constructed a pedestrian walkway on the property hereby gra •d and shall
always maintain said walkway so as not to allow it to be or become a nuisance.
Reserving unto One Miami, its successors and assigns the right of ingr• and
egress across, through, and into, above and below such Riverwalk Easement by One
Miami, their successors, assigns, guests, invitees, and persons doing business with • e
Miami, including the use of the waterfront abutting the Riverwalk Easement fo
peirnissible marina and other purposes. public and private, or either to use the Riverwalk
asement Area for underground, installation and maintenance and facilities for utilities;
a for other purposes not inconsistent with the public use of the Riverwalk Easement as
a R er Walk,
the event of civil riot or other emergency or (with the advice and prior consent
of the Cit •f Miami Chief of Police or his designee in the Police Department, and the
prior consen f the City Commission of the City), if needed to control theft or other
violation of pre erty or personal rights, reserving unto One Miami, it successors and
assigns, rnoreove the right to regulate the hours and manner of public use of the
Riverwalk Easernen • as to control access to the boats and shops and structures on One
Miami's property adjoi ng the Riverwalk Easement. In light of the public's interest in
the Riverwalk Easement, ch regulations shall be narrowly drafted so as to be for the
shortest duration(s) and mo imited scope necessary.
And further, reserving u One Miami, it successors and assigns, whatever legal
rights One Miami, its successors a assigns may have under other grants of conveyance,
easement or license existing on this
e
One Miami, its successors and signs hereby agree to indemnify and hold
harmless the City, its officials and employ s, its successors and assigns, from any and
all liability, costs, actions, claims, damages, a expenses including reasonable attomey's
fecs, arising in connection with the construct and maintenance of the landscaped
Riverwalk Easement Area by One Miami, provid: ' however, that nothing stated herein
shall be construed as an assumption of liability by 0 - Miami resulting from the public's
use of the Riverwalk Easement Area,
This Release of Easement in Original Agreement d Grant of New Easement
Agreement is made by One Miami, its successors and assign •n the condition that if the
general public and/or the City, its successors or assigns, pe ently ceases to use the
Riverwalk Easement for public purposes as a Riverwalk, title to t Riverwalk Easement
shall revert to and vest in One Miami, its successors and assigns. or purposes of this
paragraph, "permanently" shall mean a continuous period of one (I) y..r, which shall not
include such times as One Miami is regulating public use pursuant to e terms of this
Agreement to be less than twenty-four hours a day, seven days a week.
This Release and Modification of Easement Agreement is being ented into to
satisfy the requirements set forth in Paragraph 5 of the Agreement between th ity and
One Miami for Construction and Maintenance of a Riverwalk, entered into as of e 24,
2003, as authorized by Resolution No. 03-465 adopted by the Commission of said i y at
a meeting held on May 8, 2003.
This Release of Easement in Original Agreement and Grant of New Easemen
Agreement requires the approval of the City of Miami City Commission and, upon such
approval, will he recorded by One Miami in the public records of Miami -Dade County,
Florida, and a recorded copy promptly furnished to the City of Miami Directors of the
Department of Public Facilities and of the Department of Public Works. All agreements
between the parties not referenced herein remain in effect,
[Remainder of the page intentionally left blank.]
0
IT,
IN WITNESS WHEREOF, the Parties have caused these presents to be duly
ecuted this day of , 2006.
First Wanes
Witness Print Name 8 `? ddress
Second Witness
Witness Print Name & Address
STATE OF FLORIDA
ss
COUNTY OF MIAM1-DADS
TRG-OMP, LTD., a Florida limited partnership
By: TRG-OMP, Inc., a Florida corporation, its sole
general partner
By:
Print Name:
Its,
Attest:
Secretary
The foregoing instrument was acknowledged before this day of
2006, by as of TRG-OMP, Y,, a Florida corporation,
sole general partner of TRG-OMP, LTD., a Florida limited partne' . ip, on behalf of said
corporation and said limited partnership, who is personally know . o me or presented
as identification.
NOTARY PUBLIC
Name:
Serial No.
My Commission expires:
[Remainder of the page intentionally left blank.]
SU
fN WITNESS WHEREOF, the Grantor has caused this Easement to be executed the day
an year first above written,
CITY OF MIAMI, a municipal corporation of
the State of Florida
By:
ATTEST:
Priscilla A. Thompson
City Clerk
Pedro G. Hernandez, City Manager
APPROVED AS TO FORM AND CORRECTNESS
Jorge L. Fernandez
City Attorney