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HomeMy WebLinkAboutExhibitFIRST AMENDMENT TO THE SUBMERGED LANDS EASEMENT AGREEMENT THIS FIRST AMENDMENT ("Amendment") TO THE SUBMERGED LANDS EASEMENT AGREEMENT (the "Agreement") is made and entered into as of this day of 2007 by and between the CITY OF MIAMI, ("City"), a municipal corporation of the State of Florida, and CORAL REEF YACHT CLUB, a Florida non-profit corporation ("Grantee"), together the Parties ("Parties"). RECITALS WHEREAS, the City and the Grantee executed the Agreement on May 5, 2006 under and pursuant to terms of which the Grantee has the right to use Servient Estate , as described, and for the Permitted Uses, as defined, in the Agreement; WHEREAS, the Parties mutually agree to amend the Agreement consistent with the terms and conditions set forth herein; and NOW, THEREFORE, in consideration of One and 0/100 Dollars ($1.00) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the City and Grantee agree as follows: AGREEMENTS 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if set out in full in the body of this Amendment. 2. Defined Terms. The terms defined in the Agreement and delineated herein by initial capital letters shall have the same meaning ascribed thereto in the Agreement, except to the extent that the meaning of such terms are specifically modified by the provisions hereof. In addition, terms not defined in the Agreement but defined herein, will, when delineated with initial capital letters, have the meaning ascribed thereto in this Amendment. 3. Term. Paragraph 3 of the Agreement shall be amended to establish the Effective Date of the Agreement, as amended by this Amendment, as the date on which this Amendment is fully executed by the respective, authorized representatives of each of the Parties. EWS 7z7,C77 4. State Approval. Paragraph 23 of the Agreement is hereby amended to provided that the Grantee shall be responsible for the payment of any and all consideration and/or fees, applicable surcharges and yearly fee increases due Trustees of the Internal Improvement Fund of the State of Florida ( the "TIIF") for use of the Servient Estate. In accordance with the Agreement, and to compensate the Grantee for a portion of such fees, the City shall grant the Grantee a one-time, credit, in the amount of One Hundred and Fourteen Thousand Dollars and 0/100 Cents ($114,000.00), against the consideration for the easement due from the Grantee to the City pursuant to Paragraph 12 of the Agreement. 5. Butler Act Waiver. In consideration of the City's grant of the easement over the Servient Estate, the City's credit under Section 4 above, and the finding by the TIIF that the easement is consistent with the existing waivers of deed restrictions and the December 18, 1956 Resolution by the TIIF Grantee: (1) hereby waives any and all rights it might otherwise have claimed pursuant to the Florida Butler Act as the uplands riparian owner of the City -owned Servient Estate, which is described in Exhibit A to the Agreement, as amended by Revised Exhibit A hereto, a copy of which is attached and (2) agrees not to pursue with the State of Florida a claim of title in connection therewith. Grantee reserves and does not waive any of its rights to seek a disclaimer with respect to any other submerged lands including those submerged lands lying shoreward of the U.S. Pierhead and Bulkhead Line. 6. Exhibit A to Agreement and Memorandum of Easement (("Exhibit A"). Exhibits A of the Agreement and Exhibit A of Memorandum of Easement (also known as Exhibit E of Agreement) is hereby replaced by Revised Exhibit A ("Revised Exhibit A"), consisting of a corrective legal description and survey of the Servient Estate. 7. Effect of Amendment. Except as expressly amended by the provisions hereof, the terms and provisions contained in the Agreement shall continue to govern the rights and obligations of the Parties and all provisions in the Agreement shall remain in full force and effect as stated therein, except to the extent specifically modified by the provisions of this Amendment and, as such, are hereby ratified and reaffirmed. 8. Recording. The Parties agree that this Amendment shall not be recorded but that a Memorandum of Easement ("Exhibit E" to the Agreement") shall be recorded at the Grantee's expense, attached with Revised Exhibit A to the Memorandum of Easement. IN WITNESS WHEREOF, the City and the Grantee have executed this Easement Agreement as of the date set forth above. CITY OF MIAMI, a Municipal Corporation of the ATTEST: State of Florida By: By: Priscilla A. Thompson, City Clerk Pedro G. Hernandez, City Manager. APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: By: By: LeeAnn Brehm, Director Jorge L. Fernandez Risk Management Department City Attorney STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2007, by , as the City Manager of the City of Miami, a municipal corporation of the State of Florida, on behalf of the City. Personally Known or Produced Identification Type of Identification Produced Signature: Name: [Print or type] Title: Notary Public Serial No., if any: My commission expires CORAL REEF YACHT CLUB, a Florida non-profit corporation ATTEST: By: By: Print Name & Title Print Name & Title STATE OF COUNTY OF ) ) ) The foregoing instrument was acknowledged before me this day of 2007, by , as the Coral Reef Yacht Club, a Florida non-profit corporation. Personally Known Produced Identification Type of Identification Prod uced or Signature: Name: [Print or type] Title: Notary Public Serial No., if any: My commission expires REVISED EXHIBIT A EASEMENT AREA SERVIENT ESTATE Two abutting parcels of submerged land in Biscayne Bay, lying in Section 22, Township 54 South, range 41 East, Miami, Dade County, Florida, described as follows: Begin at the intersection of the Southeasterly extension of the Northeasterly line of Lot 16, Block 43 of SAMUEL RHODES AMENDED MAP OF NEW BISCAYNE, and the Dade County Bulkhead Line (U.S. Harbor and Pierhead Line), as recorded in Plat Book "B" at Page 116 and in Plat Book 74, at Page 3-5, respectively of the Public Records of Dade County, Florida, thence run Southeasterly along said Northeasterly line for a distance of 485 feet; thence deflecting to the right 90° run Southwesterly a distance of 253.6 feet more or less to a point of intersection with the Southeasterly extension of a line that is 50.0 feet Southwesterly of and parallel with the Southwesterly line of said Lot 16; thence deflecting to the right 90° run Northwesterly along the Southeasterly extension of a line that is 50.0 feet Southwesterly of and parallel with the Southwesterly line of said Lot 16 for a distance of 502 feet more or less to a point on the Dade County Bulkhead Line, (U.S. Harbor and Pierhead Line); thence deflecting to the right 90° 25' 29" run Northeasterly along said Dade County Bulkhead Line (U.S. Harbor and Pierhead Line) a distance of 163.4 feet more or less to a point, which point is an angle point in the said Dade County Bulkhead Line (U.S. Harbor and Pierhead Lines, thence deflecting to the right 10° 48' 01" continuing along said Dade County bulkhead line (U.S. Harbor and Pierhead Line), a distance of 91.7 feet more or less to the Point of Beginning; said parcel containing 2.92 acres (127,256 square feet) more or less. and; Commence at the intersection of the Southeasterly extension of the Northeasterly line of Lot 16, Block 43 of SAMUEL RHODES AMENDED MAP OF NEW BISCAYNE, and Dade County Bulkhead Line, (U.S. Harbor and Pierhead), as recorded in Plat Book "B" and Page 16 and in Plat Book 74, at Page 3-5, respectively of the Public Records of Dade County, Florida; thence run Southeasterly along the Southeasterly extension of said Northeasterly line of Lot 16 for a distance of 45 feet to the Point of Beginning of the parcel herein described; then continue Southeasterly along said line a distance of 320.29 feet; thence deflecting to the left 90° run Northeasterly a distance of 190 feet thence deflecting to the left 90° run Northwesterly a distance of 269.38 feet, thence deflecting to the left 75 ° run Southwesterly a distance of 196.70 feet to the Point of Beginning, continue 1.29 acres (56,129 ft. square ft.) more or Tess.