HomeMy WebLinkAboutSecond Amendment to AgreementThis instrument prepared and
after recording return to:
Ben Fernandez, Esq.
Bercow Rade11 & Fernandez, P.A.
200 South Biscayne Boulevard, Suite 850
Miami, Florida 33131
(Space Reserved for Clerk)
SECOND AMENDMENT TO
ACCESS, UTILITY AND CONSTRUCTION EASEMENT AGREEMENT
This Second Amendment to Access Utility and Construction Easement
Agreement (the "Second Amendment") is made this day of
, 2013 by
and between The City of Miami, a municipal corporation ("the City"), and River Tower,
LLC, a Florida limited liability company ("River Tower").
WHEREAS, Alandco Inc., ("Alandco"), a Florida corporation, and Miami Real
Estate Ventures, Inc. IV ("MREV"), a Florida corporation, entered into an Access Utility
Construction Easement Agreement, dated December 11, 1990, and recorded December
19, 1990, in Official Records Book 14828, at Page 1210, in the Public Records of Miami -
Dade County, Florida (the "Original Agreement");
WHEREAS, Alandco and MREV entered into a First Amendment to Access,
Utility and Construction Easement Agreement on December 17, 1992, and recorded in
Official Records Book 16135, at Page 1052 in the Public Records of Miami -Dade
County, Florida ("First Amended Agreement");
WHEREAS, Alandco's ownership interest in the property was transferred by
various conveyances to River Tower;
WHEREAS, MREV ownership interest in the property was transferred by
various conveyances to the City; and
WHEREAS, River Tower and the City are entering into this agreement to amend
the easement and its corresponding legal description, specifically amending the access
easement described as "Access to Miami RE IV Tract from Southwest Third Street",
pursuant to "Replacement Exhibit "C" Sheets 1 and 2" of the First Amendment; and
WHEREAS, the City agrees to the proposed modification of the existing access
easement pursuant to Exhibit " C - Second Amendment Sheets 1, 2" subject to review
and approval of ground floor traffic circulation pattern as depicted in Exhibit " C -
Second Amendment Sheet 3"
NOW, THEREFORE, in consideration of the Agreement, this Second
Amendment and mutual covenants contained herein, the parties, their successors and
assigns, agree as follows:
1. The above recitals are true and correct in all material respects and are
incorporated herein by reference.
2. All capitalized terms or phrases in the Amendment shall have the same definition
and interpretation as in the Original Agreement.
3. The Original Agreement, as amended by the First Amended Agreement, is
hereby further amended and modified as follows:
A. Section 1 of the Original Agreement titled "Access to Miami RE IV Tract
from Southwest Third Street", is hereby amended by deleting in its
entirety the legal description described on Exhibit "C" to the said Original
Agreement, as amended, creating Easement Area I and substituting
therefore the legal description attached hereto and identified as Exhibit
"C-Second Amendment Sheets 1 and 2" subject to review and approval of
ground floor traffic circulation pattern as depicted in Exhibit " C - Second
Amendment Sheet 3", subject to and is incorporated herein by this reference
as the replacement legal description of said Easement Area I.
4. This Second Amendment may be executed in two (2) or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute
one in the same instrument.
5. Other than as amended or modified or changed by this Second Amendment, the
Agreement remains in full force and effect.
6. No further amendment, modification or change to the Agreement
or this Second Amendment shall be deemed effective unless reduced to writing
and signed by both parties hereto.
IN WITNESS WHEREOF, the parties have executed this Second Amendment
to be effected on the date first written above.
Signed, Sealed, and Delivered
In the presence of:
ATTEST: River Tower, LLC
a Florida corporation
Signature
Print
Signature
Print
STATE OF FLORIDA
COUNTY OF MIAMI DADE
)
) SS
)
By:
Name:
Title:
Address:
The foregoing instrument was acknowledged before me this day of
, 2013, by who is the of River
Tower, LLC, a Florida limited liability company, on behalf of the company. He/She is
personally known to me or has produced as identification and did/ did
not take an oath.
My Commission expires:
Notary Public, State of Florida
Print Name:
Commission No.:
ATTEST: CITY OF MIAMI,
a municipal corporation
Signature
Todd Hannon
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Julie O. Bru
City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI DADE
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) SS
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By:
Johnny Martinez, City Manager
The foregoing instrument was acknowledged before me this day of
, 2013, by who is the of The City
of Miami, a municipal corporation, on behalf of the corporation. He/She is personally
known to me or has produced as identification and did/ did not take an
oath.
My Commission expires:
Notary Public, State of Florida
Print Name:
Commission No.: