HomeMy WebLinkAboutExhibit - Aerial Easement SUBTHIS DOCUMENT IS A SUBSTITUTION TO
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THIS INSTRUMENT PREPARED BY AND
AFTER BEING RECORDED RETURN TO:
City of Miami Public Works Department
444 SW 2 Avenue, 8th Floor
Miami, Florida 33130-1910
Attn: Eduardo Santamaria, P.E., CGC, Director of Public Works
Folio Numbers: 01-4137-072-0010, 01-4137-072-0020, .
01-4137-072-0030, 01-4137-072-0040,
01-4137-072-0040, 01-4137-072-0050,
01-4137-072-0060 and 01-4137-072-0070
[SPACE ABOVE THIS LINE FOR RECORDING DATA]
AERIAL EASEMENT
This AERIAL EASEMENT (this "Easement") is made and entered as of this day of
, 2015 (the "Effective Date"), by and between the CITY OF MIAMI, a municipal
corporation of the State of Florida, whose address is 444 SW 2 Avenue, Miami, Florida 33130, as
grantor, ("Grantor"), and DT MIAMI, LLC, a Delaware limited liability company, whose address is
2855 LeJeune Road, 4th Floor, Coral Gables, Florida 33134, as grantee ("Grantee").
RECITALS:
WHEREAS, the Grantor has certain legal rights, custodial responsibility and interest in the
City right-of-way known as N.W. 5th Street and N.W. 6th Street between N.W. 1St Avenue and
Miami -Dade County MetroRail North Corridor Right of Way and noted on the Plat of Flagler Gran
Central Station as recorded in Plat Book 170 page 41 of the Public Records of Miami -Dade
County, Florida (the "Rights -of -Way") which includes the property legally described and as
depicted on Exhibit "A" attached hereto and by this reference incorporated herein (the "Burdened
Property); and
WHEREAS, Grantee is the owner of fee simple title to that certain real property in Miami -
Dade County, Florida, as legally described in Exhibit "B" attached hereto and by this reference
incorporated herein (the "Benefited Parcels") to which this Easement shall be appurtenant; and
WHEREAS, Grantee has received approval from Miami -Dade County and the Grantor to
build a railroad terminal project which includes a terminal of the All Aboard Florida passenger rail
system, office, retail and residential development, known as MiamiCentral ("Project"), pursuant to
Miami -Dade County Resolution No. Z-13-14, and in compliance with all applicable provisions of
Chapter 33C of the Miami -Dade County Code of Ordinances, as amended; and
WHEREAS, AAF has received site plan approval from Miami -Dade County and the Grantor
to build the Project through Miami -Dade County Administrative Site Plan No. 14-012 (the "Site
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Submitted into the public
record for item(s) 12 E , 11
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Plan") (the site plan approval, together with County Resolution No. Z-13-14, referred to as the
"Approvals"); and
WHEREAS, the Approvals permit the construction of improvements, generally consisting of
overhead platform and tracks, station waiting area, a residential amenities deck and/or retail space
and other areas, over the Burdened Property, as depicted in the plans provided to Grantor, as may be
amended from time to time in accordance with the approved Site Plan (collectively, the
"Improvements"); and
WHEREAS, the Grantor desires to grant Grantee an aerial easement for the Burdened
Property pursuant to Section 55-14(g) of the City of Miami Code of Ordinances, as amended, for
the purposes of, among other things as set forth herein, constructing, maintaining and accessing the
Improvements, to allow safe and reasonable aerial access between and connecting the Benefited
Parcels, pursuant to the Approvals; and
WHEREAS, Grantee's proposed use will not impair the full use of the Rights -of -Way for
vehicular or pedestrian traffic, or impede the free flow of traffic on the Rights -of -Way; and
WHEREAS, as consideration for receiving access and use rights through the easement,
Grantee hereby agrees to maintain and repair any Improvements, indemnify, hold harmless and
defend Grantor, and maintain insurance, as further set forth and agreed to below.
NOW, THEREFORE, in consideration of the sum of One Dollar, and other valuable
consideration paid and received, the receipt and sufficiency of which are hereby acknowledged, the
Grantor and Grantee agree as follows:
1. Recitals. The above recitals are true and correct, and are incorporated herein by
reference.
2. Easement. Grantor hereby grants, dedicates and establishes a perpetual, exclusive
aerial easement, subject to the terms and conditions set forth herein, in favor of Grantee, its
contractors, subcontractors, agents, employees, licensees, successors and assigns on, over, and upon
the Burdened Property for the purposes of constructing, maintaining, operating, restoring and
repairing the Improvements and for ingress, egress and access on, in, over, under, and through the
Burdened Property and the Improvements for the purpose of performing such installation,
maintenance, use and repair of the Improvements and for the uses allowed pursuant to the County
Code and Ordinances (the "Easement"). The Easement shall be limited to a maximum height as
depicted in Exhibit "A". The grant of this Easement shall not be interpreted to convey any property
rights above the height permitted in Exhibit "A", and the Grantor reserves all rights in the rights of
way, including, but not limited to, air rights above said Easement, so long as use of those rights do
not interfere with use of the Easement. Grantor retains all rights with respect to traffic flow and
regulation in the Right -of -Way.
3. Term. The Term shall be perpetual subject to the termination provisions set forth in
Section 4 below. Easement shall commence upon the Effective Date and be a perpetual easement,
unless terminated by the parties or terminated pursuant to Section 4 hereof.
4. Termination. Should (a) the use for the entire Easement be abandoned or cease for
three (3) years or should Grantee eliminate, in its entirety, the aerial connectivity between one or
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more of the Benefitted Parcels or (b) if Grantee fails to pay the compensation required in Section 7
herein; then upon written notice of termination by the Grantor, all rights hereby granted to Grantee
shall terminate as to the portion abandoned and Grantee shall forthwith, at its own cost and expense
and in a manner reasonably satisfactory to the Grantor, remove all Improvements with respect to
such abandoned portion of the Easement and restore such Burdened Property to the condition
previously found as of the date hereof or as otherwise approved by Grantor. In the event that
Grantee fails or refuses to so remove such Improvements, after such written notice, then the Grantor
may, at its option, remove or cause to be removed such Improvements and restore the affected
portion of the Burdened Property to the condition previously found as of the date hereof, and
Grantee will, in such event, upon bill rendered, pay to the Grantor all costs incurred by it in such
removal and restoration. If such costs are not paid within thirty (30) days of when due the Grantor
may impose all such costs and expenses on the abutting property of Grantee as a special assessment
lien and may foreclose such municipal special assessment laws as provided by the laws of the State
of Florida and of the City of Miami. Such rights of the Grantor are in addition to, and exclusive of,
any other rights set forth herein or under the law and shall survive the termination of this Easement.
5. Use. No use or improvements, other than the Improvements and those otherwise
expressly allowed as specifically set forth herein will be permitted without the express written
consent of Grantor. In no event shall Grantee's use of the Easement unreasonably interfere with
the Grantor's operation and use of the Rights -of -Way, or impair or impede vehicular or pedestrian
traffic on the Right -of -Way in any manner, unless prior arrangements have been made in writing
between the parties which agreement may be withheld or granted in Grantor's sole discretion. The
Easement shall not be used in any manner to adversely affect the use, safety, appearance, or
enjoyment of the Rights -of -Way. At all times, excepting emergencies or temporary closures for
repairs, connectivity for pedestrians traveling between the Benefited Parcels must be provided.
Throughout the term of this Easement, Grantee shall be jointly and severally liable to the Grantor
for the maintenance and other obligations set forth herein, and Grantee and its successors and
assigns will not alienate the Easement or otherwise interfere with the connectivity between the
Benefited Parcels. The Improvements shall be owned by Grantee, subject to the terms set forth
herein.
6. Obligations.
(a) Taxes. Grantee shall be responsible for all state, county, city, and local taxes,
assessments, fees, charges, levies and other governmental impositions that may be assessed
against the Easement area during the term of this Easement, including the airspace and
Improvements, and including real property taxes, impact fees, and special assessments, if any.
Grantee acknowledges that for purposes of taxation, any portion of the Improvements located in the
Easement area utilized for retail, restaurant, or commercial activity shall be taxable in the same
manner as a non-exempt leasehold interest, and shall not be exempt from taxation under Florida
Statute Section 196.199 or other applicable law, notwithstanding the City's interest in the Easement
area. Any Improvements located in the Easement area constructed to be utilized for retail,
restaurant, or commercial activity shall be subject to payment of Impact Fees, if applicable, pursuant
to Chapter 13 of the City of Miami Code.
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(b) Repairs and Damage. Grantee shall pay for any and all repairs or damage to
the Rights -of -Way or the Burdened Property as a result of the use of the Easement. The Grantor
shall be responsible for no cost, claim, or lien resulting from the use of the Easement.
(c) Hazardous Materials. Grantee is responsible for any hazardous materials
found in the Easement in violation of applicable laws and regulations, except to the extent any such
hazardous materials are caused by the Grantor. In the event that such hazardous materials are found
in violation of applicable law, the burden of proving that such hazardous materials are caused by the
Grantor shall be upon the Grantee. Grantor reserves the right to test the Easement area at its own
expense for hazardous materials at any time, upon written notice. The term "hazardous materials"
shall mean any hazardous or toxic substances, material, waste, solid waste, or debris of any kind as
defined by the Environmental Protection Agency and any federal, state, or local laws. Grantee
shall, at Grantee's sole cost and expense, promptly and diligently complete any and all audits,
assessments, clean-ups, and monitoring of the Easement area required by provisions of this section.
This section survives the termination of this Easement.
(d) Maintenance. Except as specifically set forth otherwise in this Easement,
Grantee shall be responsible to maintain repair and replace the Improvements, and to maintain and
keep in a clean and safe condition the Easement area, including but not limited to a condition free of
dirt, rubbish, graffiti, debris, abandoned vehicles, loose building materials, loose surface finishes,
and obstructions. Such maintenance will be accomplished in a manner so as not to cause any
interference with the operation of the roadway and transportation use of the Rights -of -Way and the
free flow of pedestrian and vehicular traffic thereon, unless prior arrangements have been made in
writing between the parties, which agreement may be granted or withheld in the sole discretion of
the Grantor. Any repair shall be at least similar or equal in quality and class to the original work.
The Grantor has the right, but not the obligation, to enter the Easement area to inspect the condition
of same. In the event that Grantee fails to so maintain or repair the Improvements, the Grantor shall
provide notice of such failure to Grantee, and if Grantee fails to cure such maintenance or repair
issue within a reasonable period of time (such time frame to be determined in Grantor's discretion),
then the Grantor, through its duly authorized representatives, employees, and contractors, has the
right but not the obligation to perform such work, and the cost thereof shall be chargeable to
Grantee and shall immediately be due and payable to the Grantor upon the performance of such
work and Grantee's receipt of an invoice therefor.
(e) Security. Grantee is solely responsible for the personal safety of its
employees, invitees, or any other person entering the Easement area, as well as any equipment or
personalty installed or brought into the Easement area. The Grantor assumes no responsibility for
the safety of such persons, equipment or personalty.
(f) Utilities. All costs relating to utilities shall be borne by and shall be the sole
responsibility of Grantee.
To the extent that the Grantee has outstanding obligations under this Section 6 which accrued prior
to the termination of this Easement, the provisions of Section 6, as applicable, survive the
termination of this Easement.
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7. Consideration. Section 55-14(f) of the City of Miami Code of Ordinances, as
amended, allows for the City Commission to waive the user fee applicable for the grant of this
Easement for certain transportation uses of regional importance. The City Commission hereby
acknowledges waiver of such fee in accordance with this section for only the portion of the
Easement for the rail related Improvements. As consideration for the granting of the Easement for
uses other than the transportation uses, Grantee shall pay to the Grantor the sum required pursuant to
Section 55-14 of the City of Miami Code of Ordinances upon the Commencement Date.
8. Signage. Grantee may install signage on the Burdened Property subject to approval
by the Planning and Zoning and Public Works Department (or its equivalent department or body
with jurisdiction over signage at the time of request) if such signage conforms to the requirements,
restrictions, and prohibitions of the Sign Code of Miami -Dade County.
9. Indemnification. Grantee shall indemnify and hold harmless and defend the Grantor
and its officers, employees, agents and instrumentalities from any and all liability, losses or
damages, including attorneys' fees and costs of defense, which the Grantor or its officers,
employees, agents or instrumentalities may incur as a result of claims, actions, debts, remedies,
demands, suits, causes of actions or proceedings of any kind or nature to the extent arising out of or
resulting from the use and operation of this Easement by Grantee or its employees, agents, servants,
partners principals or subcontractors, and shall investigate and defend all claims, suits or actions of
any kind or nature in the name of the Grantor, where applicable, including appellate proceedings,
and shall pay all reasonable costs, judgments, and attorney's fees which may issue thereon. Grantee
expressly understands and agrees that any insurance protection required by this Easement or
otherwise provided by Grantee shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the Grantor or its officers, employees, agents and instrumentalities as herein
provided. It is understood that Grantor assumes no responsibility for the personal safety of any
persons, equipment, or personal property brought into or installed upon the Easement Area,
including any loss, theft, damage, or injury. Grantee shall promptly notify the Grantor of any loss,
damage, injury or death arising out of or in connection with the Easement or occurring on the
Easement area. This obligation survives the termination of this Easement.
10. Insurance. Grantee shall, at its expense, maintain at all times during the term of this
Easement, and Grantee shall furnish to the Grantor Certificate(s) of Insurance which indicate that
insurance coverage has been obtained in accordance with the Insurance Exhibit attached hereto as
Exhibit "C".
CERTIFICATE HOLDER MUST READ: CITY OF MIAMI
ATTN: RISK MANAGER
444 SW 2 AVENUE
9TH FLOOR
MIAMI, FL 33130-1910
Compliance with the foregoing requirements shall not relieve the Grantee of liability and obligation
under this Section or under any other Section of this Easement.
11. Grantee's Right to Transfer. The Easement granted herein may only be conveyed as
an easement appurtenant to the Benefited Parcels and shall not be subdivided or sold separately from
the Benefited Parcels without the prior consent of the Grantor. Any sale, assignment or transfer of
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Grantee's interest in this Easement shall be made expressly subject to the terms, covenants and
conditions of this Easement and such transferee shall expressly assume all of the obligations of
Grantee under this Easement, and agree to be subject to all conditions and restrictions to which
Grantee is subject. In the event of a transfer of Grantee's interests in this Easement, or any part
thereof, Grantee shall deliver written notice to Grantor of such transfer, together with a copy of the
transfer agreement (if applicable). Upon the transfer by Grantee, Grantee shall be released from
future obligations which may occur during the unexpired term of this Easement. However, nothing
in this Easement shall abrogate Grantee's obligation to pay any sums due to the Grantor which
accrued prior to the effective date of such transfer, or obligations or liabilities occurring prior to the
date of transfer, and the Grantor shall always have the right to enforce collection of such sums due
and to enforce obligations from Grantee which accrued prior to the transfer and in accordance with
the terms of this Easement unless written consent is obtained from the Grantor.
12. Representations and Warranties. Grantee hereby represents and warrants to the
Grantor that it has full power and authority to enter into this Easement and perform in accordance
with its terms and provisions and that the parties signing this Easement on behalf of Grantee have
the authority to bind Grantee and to enter into this transaction and Grantee has taken all requisite
action and steps to legally authorize it to execute, deliver and perform pursuant to this Easement.
Grantor neither warrants title to the property conveyed herein nor guarantees the suitability of any
of the lands for a particular use.
13. Binding Effect. All terms and provisions of this Easement are binding upon the
parties hereto and their respective successors and assigns. Further, all terms and provisions of this
Easement and all rights, privileges, benefits and burdens created hereunder are covenants running
with the lands described herein, binding upon and inuring to the benefit of the parties hereto, their
respective heirs, successors, successors -in -title, legal representatives and assigns.
14. Construction of Easement. Each party hereto hereby acknowledges that all parties
hereto participated equally in the drafting of this Easement and that, accordingly, no court
construing this Easement shall construe it more stringently against one party than the other.
15. Governing Law/Venue. This Easement shall be governed by and construed under the
laws of the State of Florida. Venue for any action arising out of this Easement shall be Miami -Dade
County, Florida. If Grantor must bring any action to enforce the terms of this Easement or the
Covenant it shall be entitled to recover its reasonable attorney's fees and costs, otherwise each party
shall bear its own attorney's fees.
16. Notices. Any notices which may be permitted or required hereunder shall be in
writing and shall be deemed to have been duly given as of the date and time the same are received
at the addressee's address set forth below, whether same are personally delivered, mailed by United
States Postal Service, postage prepaid by registered or certified mail, return receipt requested,
delivered by Federal Express or other overnight delivery service from which a receipt may be
obtained, and addressed as follows:
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To Grantor:
To Grantee:
City of Miami, a municipal corporation of the State of Florida
444 SW 2 Avenue, 8th Floor
Miami, Florida 33130
Fax: (305) 416-1278
Attn: Director, Public Works Department
DT Miami, LLC
2855 LeJeune Road, 4th Floor
Coral Gables, Florida 33134
Fax: (305) 520-2400
Attention: Kolleen O.P. Cobb
or to such other address as either party hereto shall from time to time designate to the other party by
notice in writing as herein provided. Should the Easement be sold or transferred, on the date of the
closing, Grantee shall identify the party and address to whom such notice shall be provided in the
future, and shall record same in the public records.
17. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof,
and no waiver of the breach of any provision of this Easement shall be construed as a waiver of any
preceding or succeeding breach of the same or any other provision of this Easement.
18. Successors and Assigns. This Easement runs with the land and shall be binding upon
and shall inure to the benefit of the parties hereto, and their respective successors and assigns.
19. Recording. This Easement shall be recorded in the Public Records of Miami -Dade
County, Florida, at the sole cost of Grantee. A copy of the recorded instrument shall be provided to
the Director of Public Works of the City of Miami within thirty (30) days of recording.
20. Amendments; Termination. Subject to the other provisions hereof, this Easement
may not be amended, modified or terminated except by written agreement of all of the then
custodial or fee owners of the Burdened Property and all of the then fee owners of the Benefited
Parcels, and the holders of any mortgages of record encumbering same. Further, no modification or
amendment shall be effective unless in writing, duly executed, acknowledged and recorded in the
Public Records of Miami -Dade County, Florida. In addition, the failure or delay of any party at any
time to require performance by another party of any provision of this agreement, even if known,
shall not affect the rights of such party to require performance of that provision or to exercise any
right, power or remedy hereunder, and any waiver by any party of any breach of any provision of
this Easement should not be construed as a waiver of the provision itself, or a waiver of any right,
power or remedy under this Easement. No notice to or demand on any party in any case shall, of
itself, entitle such party to any other or further notice or demand in similar or other circumstances.
21. Consents. Whenever in this Easement the consent or approval of the Grantor is
required, such consent or approval, shall be made (so long as the Grantor is the City of Miami) by
the City Manager or its designee on behalf of the Grantor and: (a) shall not be effective unless it is
in writing; and (b) shall apply only to the specific act or transaction so approved or consented to and
shall not relieve the Grantee of the obligation of obtaining the Grantor's prior written consent or
approval to any future similar act or transaction.
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22. Grantor's Rights as Sovereign. It is expressly understood that, notwithstanding any
provision of this Easement and Grantor's sovereign status hereunder (if applicable): (a) the Grantor
retains all of its sovereign prerogatives and rights as a city under Florida laws and shall not be
estopped from withholding or refusing to issue any approvals of and applications for building,
zoning, planning or development under present or future laws and regulations of whatever nature
applicable to the design, construction and development of the improvements provided for herein,
and (b) the Grantor is not obligated to grant any applications for building, zoning, planning or
development under present or future laws and regulations of whatever nature.
23. Severability. If any provision of this Easement or the application thereof to any
person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, the
remainder of this Easement and the application of such provision to other persons or circumstances
shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law.
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IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed in its name
by the City Manager; as authorized by the City of Miami Commission, and the Grantee has caused
this Easement to be executed by its duly authorized representative all as of the Effective Date.
CITY OF MIAMI, a
Municipal corporation of
the State of Florida
GRANTOR
ATTEST: CITY OF MIAMI
By: By:
Todd B. Hannon
City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Victoria Mendez
City Attorney
Daniel J. Alfonso
City Manager
The foregoing was accepted and approved on the day of , 201_, by
Resolution No. of the City Commission of the City of Miami,
Florida, a municipal corporation of the State of Florida.
ATTEST:
By:
Todd B. Hannon
City Clerk
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WITNESSETH: GRANTEE
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
DT MIAMI LLC, a Delaware limited liability
company
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of ,
201_, by , the of DT Miami, LLC, who is
personally known to me or and has/has not produced as identification and did/did not take an oath.
Commission Expires:
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Notary
Print Name:
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EXHIBIT A
DESRIPTION OF BURDENED PROPERTY
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EXHIBIT B
BENEFITTED PROPERTY
Tracts C, C-1, C-2, D and E of FLAGLER GRAN CENTRAL STATION, according to the plat
thereof, record in Plat Book 170, Page 41, of the Public Records of Miami -Dade County, Florida.
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EXHIBIT C
INSURANCE EXHIBIT
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE -AERIAL
EASEMENT OPERATIONAL PHASE
I. Commercial General Liability (Primary & Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed an additional insured
Contingent and Contractual Exposures
Premises/Operations Liability
Explosion, Collapse and Underground Hazard
Loading and Unloading
Railroad exclusion deleted
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
IV. Employer's Liability
Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
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$1,000,000 for bodily injury caused by disease, policy limit
V. Umbrella Liability (Excess Follow Form)
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 15,000,000
Aggregate $ 15,000,000
City of Miami listed as an additional insured
Excess follow form over all applicable liability policies herein contained
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer not less than (30) days (ten (10) days in the case of non-
payment of premium) prior to any such cancellation or material change, or in accordance
with policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications, shall
issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class
V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by
A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or
certificates of insurance are subject to review and verification by Risk Management prior
to insurance approval.
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INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE -
CONSTRUCTION COMPONENT TO BE PROVIDED BY GENERAL CONTRACTOR
AND/OR BY OWNER
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations $2,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
DT Miami listed as an additional insured
Contingent and Contractual Exposures
Explosion, Collapse and Underground Hazard
Primary and Non Contributory Endorsement
Products and Completed Operations covered for a minimum five years following
project completion. Additional insureds included on this requirement.
Railroad Exclusion Deleted
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto/Owned/Scheduled
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
DT Miami listed as an additional insured, if applicable
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
IV. Employer's Liability
Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
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$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
V. Umbrella/Excess Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $15,000,000
Aggregate $15,000,000
City of Miami listed as an additional insured
Excess Form over all applicable liability policies contained herein
VI. Environmental Impairment/CPL Liability $5,000,000
City of Miami listed as an additional insured
Five Year Reporting Period
VII. Builder's Risk/Installation Floater
Causes of Loss: Special Form with Replacement Cost Valuation
Deductible: $250,000 AOP, 5% Wind & Hail, Flood
City of Miami & DT Miami listed as loss payee/additional insured
VIII. Payment and Performance Bond (to be obtained by General Contractor)
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer not less than (30) days prior to any such cancellation or
material change.
Companies authorized to do business in the State of Florida, with the following qualifications, shall
issue all insurance policies required above:
The company must be rated no less than "A" as to management, and no less than "Class V" as
to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance
are subject to review and verification by Risk Management prior to insurance approval.
SUBSTITUTED
THIS INSTRUMENT PREPARED BY AND
AFTER BEING RECORDED RETURN TO:
ity of Miami Public Works Department
SW 2 Avenue, 8th Floor
Mi. +i, Florida 33130-1910
Attn: •uardo Santamaria, P.E., CGC, Director of Public Works
Folio Number
1-4137-072-0010, 01-4137-072-0020,
4137-072-0030, 01-4137-072-0040,
01 37-072-0040, 01-4137-072-0050,
01-4 '7-072-0060 and 01-4137-072-0070
[SPA • BOVE THIS LINE FOR RECORDING DATA]
AERIAL EASEMENT
This AERIAL EASEMEN his "Easement") is made and entered as of this day of
, 2015 (the "Effects Date"), by and between the CITY OF MIAMI, a municipal
corporation of the State of Florida, who address is 444 SW 2 Avenue, Miami, Florida 33130, as
grantor, ("Grantor"), and DT MIAMI, LLA Delaware limited liability company, whose address is
2855 LeJeune Road, 4th Floor, Coral Gables, ' orida 33134, as grantee ("Grantee").
RE LS:
WHEREAS, the Grantor has certain legal righ custodial responsibility and interest in the
City right-of-way known as N.W. 5th Street and N.W. th Street between N.W. 1st Avenue and
Miami -Dade County MetroRail North Corridor Right of and noted on the Plat of Flagler Gran
Central Station as recorded in Plat Book 170 page 41 0 .e Public Records of Miami -Dade
County, Florida (the "Rights -of -Way") which includes the ' operty legally described and as
depicted on Exhibits "A-1"and "A-2" attached hereto and by this erence incorporated herein (the
"Burdened Property); and
WHEREAS, Grantee is the owner of fee simple title to that ce . ' real property in Miami -
Dade County, Florida, as legally described in Exhibit "B" attached her • and by this reference
incorporated herein (the "Benefited Parcels") to which this Easement shall b :.purtenant; and
WHEREAS, Grantee has received approval from Miami -Dade County • d the Grantor to
build a railroad terminal project which includes a terminal of the All Aboard Flo ' . passenger rail
system, office, retail and residential development, known as MiamiCentral ("Proje , pursuant to
Miami -Dade County Resolution No. Z-13-14, and in compliance with all applicable . •visions of
Chapter 33C of the Miami -Dade County Code of Ordinances, as amended; and
WHEREAS, AAF has received site plan approval from Miami -Dade County and the t 'ntor
to build the Project through Miami -Dade County Administrative Site Plan No. 14-012 (the to
1
SUBSTITUTED
Plan") (the site plan approval, together with. County Resolution No, Z-13-14, referred to as the
"Approvals"); and
WHEREAS, the Approvals permit the construction of improvements, generally consisting of
ove ad platform and tracks, station waiting area, a residential amenities deck and/or retail space
and of areas, over the Burdened Property, as depicted in the plans provided to Grantor, as may be
amende• om time to time in accordance with the approved Site Plan (collectively, the
"Improve is"); and
WHE' ' • S, the Grantor desires to grant Grantee an aerial easement for the Burdened
Property pursua _ -o Section 55-14(g) of the City of Miami Code of Ordinances, as amended, for
the purposes of, a g other things as set forth herein, constructing, maintaining and accessing the
Improvements, to al safe and reasonable aerial access between and connecting the Benefited
Parcels, pursuant to the •provals; and
WHEREAS, Grant 's proposed use will not impair the full use of the Rights -of -Way for
vehicular or pedestrian traffic, r impede the free flow of traffic on the Rights -of -Way; and
WHEREAS, as consider ' •n for receiving access and use rights through the easement,
Grantee hereby agrees to maintain d repair any Improvements, indemnify, hold harmless and
defend Grantor, and maintain insuran as further set forth and agreed to below.
NOW, THEREFORE, in consid
consideration paid and received, the receipt
Grantor and Grantee agree as follows:
on of the sum of One Dollar, and other valuable
d sufficiency of which are hereby acknowledged, the
1. Recitals. The above recitals are t - and correct, and are incorporated herein by
reference.
2. Easement. Grantor hereby grants, dedic. -s and establishes a perpetual, exclusive
aerial easement, subject to the terms and conditions s- orth herein, in favor of Grantee, its
contractors, subcontractors, agents, employees, licensees, su -ssors and assigns on, over, and upon
the Burdened Property for the purposes of constructing, m. ' taining, operating, restoring and
repairing the Improvements and for ingress, egress and access o in, over, under, and through the
Burdened Property and the Improvements for the purpose o .erfoiming such installation,
maintenance, use and repair of the Improvements and for the uses a 'wed pursuant to the County
Code and Ordinances (the "Easement"). Grantor retains all rights wit espect to traffic flow and
regulation in the Right -of -Way.
3. Tenn. The Teiiri shall be perpetual subject to the termination ovisions set forth in
Section 4 below. Easement shall commence upon the Effective Date and be a -rpetual easement,
unless terminated by the parties or terminated pursuant to Section 4 hereof.
4. Termination. Should (a) the use for the entire Easement be abandone. sr cease for
three (3) years or should Grantee eliminate, in its entirety, the aerial connectivity bet -n one or
more of the Benefitted Parcels or (b) if Grantee fails to pay the compensation required in -ction 7
herein; then upon written notice of teiniination by the Grantor, all rights hereby granted to tk, .ntee
shall terminate as to the portion abandoned and Grantee shall forthwith, at its own cost and exp 'se
and in a manner reasonably satisfactory to the Grantor, remove all Improvements with respect
2
SUBSTITUTED
such abandoned portion of the Easement and restore such Burdened Property to the condition
reviously found as of the date hereof or as otherwise approved by Grantor. In the event that
antee fails or refuses to so remove such Improvements, after such written notice, then the Grantor
m. at its option, remove or cause to be removed such Improvements and restore the affected
po of the Burdened Property to the condition previously found as of the date hereof, and
Grant: will, in suchevent, upon bill rendered, pay to the Grantor all costs incurred by it in such
removal •d restoration. If such costs are not paid within thirty (30) days of when due the Grantor
may impo .11 such costs and expenses on the abutting property of Grantee as a special assessment
lien and ma .reclose such municipal special assessment laws as provided by the laws of the State
of Florida and • he City of Miami. Such rights of the Grantor are in additionto, and exclusive of,
any other rights s: orth hereinor under the law and shall survive the teiniination of this Easement.
5. Use. o use or improvements, other than the Improvements and those otherwise
expressly allowed as s► ifically set forth herein will be peiiiitted without the express written
consent of Grantor. In no -vent shall Grantee's use of the Easement unreasonably interfere with
the Grantor's operation and e of the Rights -of -Way, or impair or impede vehicular or pedestrian
traffic on the Right -of -Way i any manner, unless prior arrangements have been made in writing
between the parties which agree -nt may be withheld or granted in Grantor's sole discretion. The
Easement shall not be used in a manner to adversely affect the use, safety, appearance, or
enjoyment of the Rights -of -Way. all times, excepting emergencies or temporary closures for
repairs, connectivity for pedestrians t eling between the Benefited Parcels must be provided.
Throughout the teiiii of this Easement, $ ,ntee shall be jointly and severally liable to the Grantor
for the maintenance and other obligation et forth herein, and Grantee and its successors and
assigns will not alienate the Easement or o rwise interfere with the connectivity between the
Benefited Parcels. The Improvements shall b: owned by Grantee, subject to the terms set forth
herein.
6. Obligations.
(a) Taxes. Grantee shall be responsible
assessments, fees, charges, levies and other governmental
against the Easement area during the term of this
Improvements, and including real property taxes, impact fees,
Grantee acknowledges that for purposes of taxation, any portion o
Easement area utilized for retail, restaurant, or commercial activity
manner as a non-exempt leasehold interest, and shall not be exempt
Statute Section 196.199 or other applicable law, notwithstanding the City
area. Any Improvements located in the Easement area constructed to
restaurant, or commercial activity shall be subject to payment of Impact Fees,
to Chapter 13 of the City of Miami Code.
r all state, county, city, and local taxes,
positions that may be assessed
ment, including the airspace and
d special assessments, if any.
Improvements located in the
all be taxable in the same
taxation under Florida
terest in the Easement
utilized for retail,
i .plicable, pursuant
(b) Repairs and Damage. Grantee shall pay for any and all repair
the Rights -of -Way or the Burdened Property as a result of the use of the Easement.
shall be responsible for no cost, claim, or lien resulting from the use of the Easement.
r damage to
e Grantor
(c) Hazardous Materials. Grantee is responsible for any hazardous mat 1
found in the Easement in violation of applicable laws and regulations, except to the extent any su
3
SUBSTITUTED
hazardous materials are caused by the Grantor. In -the event that such hazardous materials are found
n violation of applicable law, the burden of proving that such hazardous materials are caused by the
antor shall be upon the Grantee. Grantor reserves the right to test the Easement area at its own
ex. ' se for hazardous materials at any time, upon written notice. The term "hazardous materials"
shal can any hazardous or toxic substances, material, waste, solid waste, or debris of any kind as
define. •y the Environmental Protection Agency and any federal, state, or local laws. Grantee
shall, at antee's sole cost and expense, promptly' and diligently complete any and all audits,
assessment lean -ups, and monitoring of the Easement area required by provisions of this section.
This section s fives the termination of this Easement.
(d) Maintenance. Except as specifically set forthotherwise in this Easement,
Grantee shall be res. sible to maintain repair and replace the Improvements, and to maintain and
keep in a clean and sa ondition the Easement area, including but not limited to a condition free of
dirt, rubbish, graffiti, de. ' s, abandoned vehicles, loose building materials, loose surface finishes,
and obstructions. Such m ' tenance will be accomplished in a manner so as not to cause any
interference with the operatio •f the roadway and transportation use of the Rights -of -Way and the
free flow of pedestrian and veh lar traffic thereon, unless prior arrangements have been made in
writing between the parties, whic greement may be granted or withheld in the sole discretion of
the Grantor. Any repair shall be at 'st similar or equal in quality and class to the original work.
The Grantor has the right, but not the • igati.on, to enter the Easement area to inspect the condition
of same. In the event that Grantee fails o maintain or repair the Improvements, the Grantor shall
provide notice of such failure to Grantee, d if Grantee fails to cure such maintenance or repair
issue within a reasonable period of time (suc me frame to be deteiuuined in Grantor's discretion),
then the Grantor, through its duly authorized esentatives, employees, and contractors, has the
right but not the obligation to perfoiiii suchw• and the cost thereof shall be chargeable to
Grantee and shall immediately be due and. payable • the Grantor upon the performance of such
work and Grantee's receipt of an invoice therefor.
(e) Security. Grantee is solely resp• ible for the personal safety of its
employees, invitees, or any other person entering the Easemarea, as well as any equipment or
personalty installed or brought into the Easement area. The G tor assumes no responsibility for
the safety of such persons, equipment or personalty.
(f) Utilities. All costs relating to utilities shall be ► e by and shall be the sole
responsibility of Grantee.
To the extent that the Grantee has outstanding obligations under this Secti• 6 which accrued prior
to the termination of this Easement, the provisions of Section 6, as a. icable, survive the
termination of this Easement.
7. Consideration. Section 55-14(f) of the City of Miami Code of ` dinances, as
amended, allows for the City Commission to waive the user fee applicable for the ' ant of this
Easement for certain transportation uses of regional importance. The City Commis hereby
acknowledges waiver of such fee in accordance with this section for only the portio of the
Easement for the rail related Improvements, As consideration for the granting of the Easemfor
4
SUBSTITUTED
uses other than the transportation uses, Grantee shall pay to the Grantor the sum required pursuant to
Section 55-14 of the City of Miami Code of Ordinances upon. the Commencement Date.
8. Signage. Grantee may install signage on the Burdened Property subject to approval
by . Planning and Zoning and Public Works Department (or its equivalent department or body
with 'sdiction over signage at the time of request) if such signage conforms to the requirements,
restrictss, and prohibitions of the Sign Code of Miami -Dade County.
9. Indemnification. Grantee shall indemnify and hold harmless and defend the Grantor
and its office employees, agents and instrumentalities from any and all liability, losses or
damages, inclu• attorneys' fees and costs of defense, which the Grantor or its officers,
employees, agents instrumentalities may incur as a result of claims, actions, debts, remedies,
demands, suits, cats = of actions or proceedings of any kind or nature to the extent arising out of or
resulting from the use . , operationof this Easement by Grantee or its employees, agents, servants,
partners principals or sus sntractors, and shall investigate and defend all claims, suits or actions of
any kind or nature in the n. + .e of the Grantor, where applicable, including appellate proceedings,
andshall pay all reasonable c. s, judgments, and attorney's fees which may issue thereon. Grantee
expressly understands and as -s that any insurance protection required by this Easement or
otherwise provided by Grantee shin no way limit the responsibility to indemnify, keep and save
harmless and defend the Grantor o s officers, employees, agents and instrumentalities as herein
provided. It is understood that Gran assumes no responsibility for the personal safety of any
persons, equipment, or personal prop- brought into or installed upon the Easement Area,
including any loss, theft, damage, or injur. Grantee shall promptly notify the Grantor of any loss,
damage, injury or death arising out of or connection with the Easement or occurring on the
Easement area. This obligation survives the to nation of this Easement.
10. Insurance, Grantee shall, at its expe
Easement, and Grantee shall furnish to the Grantor
insurance coverage has been obtained in accordance
Exhibit "C".
, maintain at all times during the term of this
rtificate(s) of Insurance which indicate that
the Insurance Exhibit attached hereto as
CERTIFICATE HOLDER MUST READ• CITY OF MIA
ATTN: RISK MA GER
444 SW 2 AVENUE
9TH FLOOR
MIAMI, FL 33130-1910
Compliance with the foregoing requirements shall not relieve the Grantee . liability and obligation
under this Section or under any other Section of this Easement.
11. Grantee's Right to Transfer. The Easement granted herein may o be conveyed as
an easement appurtenant to the Benefited Parcels and shall not be subdivided or so ..eparately from
the Benefited Parcels without the prior consent of the Grantor. Any sale, assignmen sr transfer of
Grantee's interest in this Easement shall be made expressly subject to the terms, e. -nants and
conditions of this Easement and such transferee shall expressly assume all of the obl tions of
Grantee under this Easement, and agree to be subject to all conditions and restrictions t which
Grantee is subject. In the event of a transfer of Grantee's interests in this Easement, or an •art
thereof, Grantee shall deliver written notice to Grantor of such transfer, together with a copy o e
5
SUBSTITUTED
transfer agreement (if applicable). Upon the transfer by Grantee, Grantee shall be released from
tare obligations which may occur during the unexpired term of this Easement. However, nothing
this Easement shall. abrogate Grantee's obligation to pay any sums due to the Grantor which
ac, ed prior to the effective date of such transfer, or obligations or liabilities occurring prior to the
date transfer, and the Grantor shall always have the right to enforce collection of such sums due
and to .q force obligations from Grantee which accrued prior to the transfer and in accordance with
the teini ,f this Easement unless written consent is obtained from the Grantor.
12.
Grantor that it
with its terms an
the authority to bin
action and steps to le
Grantor neither warrant
of the lands for a particula
e
resentations and Warranties. Grantee hereby represents and warrants to the
s full power and authority to enter into this Easement and perform in accordance
rovisions and that the parties signing this Easement on behalf of Grantee have
Grantee and to enter into this transaction and Grantee has taken all requisite
lly authorize it to execute, deliver and perform pursuant to this Easement.
'de to the property conveyed herein nor guarantees the suitability of any
se.
13. Binding Effect. All terms and provisions of this Easement are binding upon the
parties hereto and their respect successors and assigns. Further, all terms and provisions of this
Easement and all rights, privilege benefits and burdens created hereunder are covenants running
with the lands described herein, binc l g upon and inuring to the benefit of the parties hereto, their
respective heirs, successors, successor 'r-title, legal representatives and assigns.
14. Construction of Easement.
hereto participated equally in the draftin
construing this Easement shall construe it more
h party hereto hereby acknowledges that all parties
f this Easement and that, accordingly, no court
ingently against one party than the other.
15. Governing Law/Venue. This Easem shall be governed by and construed under the
laws of the State of Florida. Venue for any action ari : out of this Easement shall be Miami -Dade
County, Florida. If Grantor must bring any action to force the terms of this Easement or the
Covenant it shall be entitled to recover its reasonable atto - 's fees and costs, otherwise each party
shall bear its own attorney's fees.
16. Notices. Any notices which may be permitted required hereunder shall be in
writing and shall be deemed to have been duly given as of the da and time the same are received
at the addressee's address set forth below, whether same are persondelivered, mailed by United.
States Postal Service, postage prepaid by registered or certified m. return receipt requested,
delivered by Federal Express or other overnight delivery service fro which a receipt may be
obtained, and addressed as follows:
To Grantor:
City of Miami, a municipal corporation of the Stat
444 SW 2 Avenue, 8th Floor
Miami, Florida 33130
Fax: (305) 416-1278
Attn: Director, Public Works Department
6
f Florida
To Grantee:
SUBSTITUTED
DT Miami, LLC
2855 LeJeune Road, 4th Floor
Coral Gables, Florida 33134
Fax: (305) 520-2400
Attention: Kolleen O.P. Cobb
or to s other address as either party hereto shall from time to time designate to the other party by
notice in 'ting as herein provided. Should the Easement be sold or transferred, on the date of the
closing, Gr. ee shall identify the party and address to whom such notice shall be provided in the
future, and shrecord same in the public records.
17. W. er. No delay in exercising any right or remedy shall constitute a waiver thereof,
and no waiver of th each of any provision of this Easement shall be construed as a waiver of any
preceding or succeedi breach of the same or any other provision of this Easement.
18. Successors . ' d Assi a s. This Easement runs with the land and shall be binding upon
and shall inure to the benefit the parties hereto, and their respective successors and assigns.
19. Recording. This Ea
County, Florida, at the sole cost of
the Director of Public Works of the Cit
ent shall be recorded in the Public Records of Miami -Dade
tee. A copy of the recorded instrument shall be provided to
f Miami within thirty (30) days of recording.
20. Amendments; Termination. ubject to the other provisions hereof, this Easement
may not be amended, modifiedor tetinina . except by written agreement of all of the then
custodial or fee owners of the Burdened Prope and all of the then fee owners of the Benefited
Parcels, and the holders of any mortgages of recorncumbering same. Further, no modification or
amendment shall be effective unless in writing, du executed, acknowledged and recorded in the
Public Records of Miami -Dade County, Florida. In as ' ion, the failure or delay of any party at any
time to require performance by another party of any p . ision of this agreement, even if known,
shall not affect the rights of such party to require performce of that provision or to exercise any
right, power or remedy hereunder, and any waiver by any p. ' of any breach of any provision of
this Easement should not be construed as a waiver of the prov '•n itself, or a waiver of any right,
power or remedy under this Easement. No notice to or demand I any party in any case shall, of
itself', entitle such party to any other or further notice or demand in .filar or other circumstances.
21. Consents. Whenever in this Easement the consent or
required, such consent or approval, shall be made (so long as the Granto
the City Manager or its designee on behalf of the Grantor and: (a) shall not
in writing; and (b) shall apply only to the specific act or transaction so approv
shall not relieve the Grantee of the obligation of obtaining the Grantor's prio
approval to any future similar act or transaction.
royal of the Grantor is
the City of Miami) by
effective unless it is
r consented to and
ritten consent or
22. Grantor's Rights as Sovereign. It is expressly understood that, notwit . nding any
provision of this Easement and Grantor's sovereign status hereunder (if applicable): (a) ' Grantor
retains all of its sovereign prerogatives and rights as a city under Florida laws and sha of be
estopped from withholding or refusing to issue any approvals of and applications for bu ''ng,
zoning, planning or development under present or future laws and regulations of whatever na, e
applicable to the design, construction and development of the improvements provided for herei
7
SUBSTITUTED
and (b) the Grantor is not obligated to grant any applications for building, zoning, planning or
evelopment under present or future laws and regulations of whatever nature.
23. Severability. If any provision of this Easement or the application thereof to any
pers or circumstance shall, for any reason and to any extent, be invalid or unenforceable, the
remain -r of this Easement and the application of such provision to other persons or circumstances
shall not - affected thereby but rather shall be enforced to the greatest extent permitted by law.
[Remainder of Page Intentionally Left Blank]
8
SUBSTITUTED
IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed in its name
y the City Manager; as authorized by the City of Miami Commission, and the Grantee h.as caused
's Easement to be executed by its duly authorized representative allas of the Effective Date.
CI
Muni
the Sta
OF MIAMI, a
al corporation of
f Florida
GRANTOR
ATTEST: CITY OF MIAMI
By By:
Todd B. Ha Daniel J. Alfonso
City Clerk City Manager
APPROVED AS TO FORM AND GAL SUFFICIENCY
Victoria Mendez
City Attorney
The foregoing was accepted and approved on th
Resolution No.
Florida, a municipal corporation of the State of Flory
day of 201, by
the City Commission of the City of Miami,
ATTEST:
By:
Todd B. Hann.o
City Clerk
[Signatures continue on next page]
9
SUBSTITUTED
WITNES SETH: GRANTEE
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
DT MIAMI LLC, a Delaware limited liability
company
By:
Name:
Title:
The foregoing instrument was acknowle. -d before m.e this day of ,
201, by , the of DT Miami, LLC, who is
personally known to me or and has/has not proced as identification and did/did not take an oath.
Commission Expires:
Nota
Print e:
10
Biscayne Engineering Company, Inc.
SUBSTITUTED
Exhibit "A-1"
Sketch to Accompany Legal Description
Platform Level
(Station Components)
at
NW 6th Street
Legal Description (6th St t Station -Platform Level):
An airspace parcel being a po of public right-of-way known as Northwest 6th Street, as shown on
FLAGLER GRAN CENTRAL ST •N, according to the Plat thereof, as recorded in Plat Book 170, at Page 41, of the
Public Records of Miami -Dade Co , Florida, having as its Lower Boundary a Horizontal Plane at elevation 46.04 feet
(North American Vertical Datum of 1 •. , having as its Upper Boundary a Horizontal Plane at elevation 91.17 feet
(North American Vertical Datum of 198 the perimetrical boundaries of which are more particularly described as follows:
BEGIN at the Southwest corner of Tract "E' AGLER GRAN CENTRAL STATION, according to the Plat thereof, as
recorded in Plat Book 170, at Page 41, of the blic Records of Miami -Dade County, Florida; thence
North 89°57'35" East, along the South line of s. Tract "E", a distance of 191.09 feet to the point of curvature of a curve
concave northwesterly, having as its elements a r- 'us of 25.00 feet and a central angle of 89°55'21"; thence easterly,
northeasterly and northerly, along said curve for an . distance of 39.24 feet to a point of cusp; thence South 00°02'14" West,
a distance of 62.47 feet to a point on the centerline o d Northwest 6th Street; thence South 00°00'56" West, a distance of
62.52 feet to a point of cusp of a curve concave southw- -rly, having as its elements a radius of 25.00 feet and a central angle
of 90°03'21"; thence northerly, northwesterly and westerly ..ng said curve for an arc distance of 39.29 feet to a point of
tangency; thence South 89°57'35" West, along the North ling 'f Tract "D", of said plat entitled FLAGLER GRAN CENTRAL
STATION, a distance of 191.05 feet to the Northwest corner o : id Tract "D"; thence North 00°02'29" East,
a distance of 75.00 feet to the POINT OF BEGINNING.
All of the foregoing lying in the City of Miami, Miami -Dade County, F da and containing an area
of 16,473 square feet (0.378 acres), more or less.
AL
Order No.: 03-84797
Drawing No: 2218-SS-21
Date: 9/2/15
Sheet 1 of 4
Biscayne Engineering Company, Inc.
2I
n
2I
E Itki
NW 5th Street
c
o
0 �.
0
0
2
SUBSTITUTED
Exhibit "A-2"
Sketch to Accompany Legal Description
Platform Level
(Station Components)
at
NW 6th Street
NW 3rd Street
Order No.: 03-84797
au
0
S
Graphic Scale
0' 100' 200'
Scale: 1" = 200'
300'
Location Map
Surveyors Notes:
1) This Map is not a survey.
2) Lands shown hereon have not been abstracted for
easements, rights -of -way, or other matters of record.
3) Elevation data was provided by client, and is based on plans.
4) This document not complete without all sheets
5) Background data shown at Ground Level for Reference
only
6) Elevations shown refer to the Project Datum (North
American Vertical Datum of 1988). Care should be taken
when comparing to elevations of other datums.
7) Not valid without the signature and original raised seal
of a Florida licensed Surveyor and Mapper
earings shown hereon are based on plat entitled
FL LER GRAN CENTRAL STATION (Plat Book 170-41,
Mia ade County, and are referenced to the South line of
Tract , 'aving a bearing of N 89°57'35" E.
SYMBOLS AND ABBREVIATIONS:
CL CENTERLINE
(P) PLAT DATA
(C) CALCULATED DATA
R RADIUS
L LENGTH OF CURVE
ELEV. ELEVATION
NAVD NORTH AMERICAN
VERTICAL DATUM
P.B. PLAT BOOK
PG. PAGE
RAD. BRG. RADIAL BEARING
Drawing No: 2218-SS-21
Surveyors Certite:.
This Sketch to Acco .any Legal Description was
prepared in accordan with the Standards of Practice for
Surveys, Chapter 5J-1 , lorida Administrative Code,
pursuant to Chapter 472.E , Florida Statutes.
By For the Firm
Mike J Bartholomew, President
Professional Surveyor and Mapper No. '666
State of Florida
Prepared by: Biscayne Engineering Comp• Inc.,.
529 W. Flagler Street
Miami, FI. 33130
Certificate of Authorization No. LB0129
Date: 9/2/15
Sheet 2 of 4
Biscayne Engineering Company, Inc.
SUBSTITUTED
Exhibit "A-2"
Sketch to Accompany Legal Description
Platform Level
(Station Components).
at
NW 6th Street
i
CV "�
tt '-
POINT OF
01 BEGINNING
I %
N 89°57'35" E
S. LINE TRACT "E"
191.09'(P)(C)
Graphic Scale
0' 25' 50'
Scale: 1" = 50'
75'
Background data shown
at ground level. For
reference only.
48'(P)
N
• R=25.00'
L=39.24'
Delta=89°55'21"(P)(C)
O
a
a'
I z
i0
L)
0
R=25.00'
L=39.29'
Delta=90°03'21 "(P)(C)
(Station)
Lower Elev. = 46.04'
(Bottom o
VD-88)
ffit)
Upper Elev. = 91.17' (NAVD
Drawing No: 2218-SS-21
it
SUBSTITUTED
Biscayne Engineering Company, Inc.
Exhibit "A-2"
Sketch to Accompany Legal Description
Platform Level
(Station Components)
at
NW 6th Street
14.
izyw
A
J
Biscayne Engineering Company, Inc.
SUBSTITUTED
Exhibit "A-1"
Sketch to Accompany Legal Description
Mezzanine Level
(Station Components)
at
NW 6th Street
Legal Description (6th St -t Station -Mezzanine Level):
An airspace parcel being a po
FLAGLER GRAN CENTRAL STA
Public Records of Miami -Dade Cou
(North American Vertical Datum of 19
(North American Vertical Datum of 198
of public right-of-way known as Northwest 6th Street, as shown on
N, according to the Plat thereof, as recorded in Plat Book 170, at Page 41, of the
Florida, having as its Lower Boundary a Horizontal Plane at elevation 27.67 feet
having as its Upper Boundary a Horizontal Plane at elevation 46.04 feet
he perimetrical boundaries of which are more particularly described as follows:
COMMENCE at the Southwest corner of Tr- "E" FLAGLER GRAN CENTRAL STATION, according to the Plat thereof, as
recorded in Plat Book 170, at Page 41, of the blic Records of Miami -Dade County, Florida; thence
North 89°57'35" East, along the South line of sa ract "E", a distance of 124.26 feet to the POINT OF BEGINNING of the
following described parcel; thence continue North . '°57'35" East, along the South line of said Tract "E", a distance of 39.10
feet; thence South 44°48'26" West, a distance of 51. feet; thence North 00°11'49" West, a distance of 5.17 feet; thence
North 47°52'53" West, a distance of 3.45 feet; thence h 00°11'49" West, a distance of 29.15 feet to the
POINT OF BEGINNING.
All of the foregoing lying in the City of Miami, Miami -Dade Cou Florida and containing an area
of 747 square feet (0.017 acres), more or Tess.
Order No.: 03-84797
Drawing No: 2219-SS-01
Date: 9/2/15
Sheet 1 of 5
Biscayne Engineering Company, Inc.
Metropolitan Dade County Stage 1 Rapid Transit Right -of -Way
NW 6th Street
SUBSTITUTED
Exhibit "A-2"
Sketch to Accompany Legal Description
Mezzanine Level
NW 5th Street
NW 3rd Street
A
(Station Components)
at
NW 6th Street
Graphic Scale
0' 100' 200'
Scale: 1" 200'
300'
Location Map
SYMBOLS AND ABBREVIATIONS:
CENTERLINE
(P)
(C)
R
L
ELEV.
NAVD
P.B.
PG.
PLAT DATA
CALCULATED DATA
RADIUS
LENGTH OF CURVE
ELEVATION
NORTH AMERICAN
VERTICAL DATUM
PLAT BOOK
PAGE
RAD. BRG. RADIAL BEARING
Drawing No: 2219-SS-01
Surveyors Notes:
1) This Map is not a survey.
2) Lands shown hereon have not been abstracted for
easements, rights -of -way, or other matters of record.
3) Elevation data was provided by client, and is based on
plans.
4) This document not complete without all sheets
5) Background data shown at Ground Level for Reference
only
6) Elevations shown refer to the Project Datum (North
American Vertical Datum of 1988). Care should be taken
hen comparing to elevations of other datums.
7) .t valid without the signature and original raised seal
of a •rida licensed Surveyor and Mapper
8) Beari shown hereon are based on plat entitled
FLAGLER - N CENTRAL STATION (Plat Book 170-41,
Miami -Dade , aunty, and are referenced to the South line of
Tract E, havin• bearing of N 89°57'35" E.
Surveyors Certifi, -te:
This Sketch to Acco 'any Legal Description was
prepared in accordan ith the Standards of Practice for
Surveys, Chapter 5J-17, orida Administrative Code,
pursuant to Chapter 472.0. ' Florida Statutes.
By For the Firm
Mike J Bartholomew, President
Professional Surveyor and Mapper No. •66
State of Florida
Prepared by: Biscayne Engineering Compa Inc.
529 W. Flagler Street
Miami, Fi. 33130
Certificate of Authorization No. LB0129
Biscayne Engineering Company, Inc.
0
O
O
4.0
SUBSTITUTED
Exhibit "A-2"
Sketch to Accompany Legal Description
Mezzanine Level
(Station Components)
at
NW 6th Street
POINT OF YFvy3
COMMENCEMENT
S.W. CORNER TRACT E S. LINE TRACT°E"
S 89°57'35" W 191.09'(P)(C)
AP ) to b'W-_
Order No.: 03-84797
Retail Airspace
(not a part)
Drawing No: 2219=SS-01
Graphic Scale
0' 25' 50' 75'
Scale:1" = 50'
Background data shown
at ground level. For
reference only,
R=25.00'
L=39.24'
Delta=89°55'21 "(P)(C)
SEE DETAIL "A" (Sheet 5)
6th St.
R=25.00'
L=39.29'
Delta=90°03'21"(P)(C)
a.
u0
Legend:
Denotes proposed airspa• ' (Station)
Lower Elev. = 27.67'
(Bottom of
VD-88)
nd Transom)
Upper Elev. = 46.04' (NAVD-
(Bottom of Soffit)
Date: 9/2/15
Sheet 3 of 5
Biscayne Engineering Company, Inc.
SUBSTITUTED
Exhibit "A-2"
Sketch to Accompany Legal Description
Mezzanine Level
(Station Components)
at
NW 6th Street
---------------.---.4.-
rt c 8 ,e)
p 0 oron- --' ' -: ' -. ' -':-. - - - - •
„P
tsivt • il P r r : ..: ;r: ,,--:,:---:-,..-------•-::.±--.
•,... :,. ,.....: •--,----..- ,--,---, ---. •
ig°t„°kAirl f° _,,_______:.::__,. :_.,,,,..._....,...:::_i_.,_,.,..-:.:::-Tr,:•:,._,_:.1.-...,._ ._
511- - , -,....-_-...--,-..•,- --: ::: --.-:-----. , -• - .. __ . ,, :.„.. ____„....,-;...........,.
(
• tft,„
<N°
ALL ADOARA, PLORIDA
Order No.: 03-84797
vel
s)
Drawing No: 2219-SS-01 Date: 9/2/15 Sheet 4 of 5
Biscayne Engineering Company, Inc.
Exhibit "A-2"
Sketch to Accompany Legal Description
Mezzanine Level
(Station Components)
at
NW 6th Street
Graphic Scale
0' 10' 20' 30'
Scale: 1" = 20'
Detail A
Order No.: 03-84797
POINT OF
COMMENCEMENT
(SW Corner Tract E
PB 170-41)
S. LINE TRACT "E"
' N89°57'35" E
124.26'
Drawing No: 2219-SS-01
N 47°52'5 W
3.45'
N 00°11'49" W
5.17'
Date: 9/2/15
POINT OF
BEGINNING
N 89°57'35" E
39.10'
Sheet 5 of 5
Biscayne Engineering Company, Inc,
SUBSTITUTED
Exhibit "A-1"
Sketch to Accompany Legal Description
Platform Level
(Station Components)
at
NW 5th Street
Legal Description W 5th Street Station — Platform Level):
An airspace parcel be . a portion of public right-of-way known as Northwest 5th Street, as shown on FLAGLER
GRAN CENTRAL STA , according to the Plat thereof, as recorded in Plat Book. 170, at Page 41, of the Public
Records of Miami -Dade nty, Florida, having as its Lower Boundary a Horizontal Plane at elevation 45.04 feet
(North American Vertical Da of 1988), having as its Upper Boundary a Horizontal Plane at elevation 91.17 feet
(North American Vertical Datu .f 1988), the perimetrical boundaries of which are more particularly described as
follows:
BEGIN at the Southwest corner of t "D", FLAGLER GRAN CENTRAL STATION, according to the Plat thereof, as
recorded in Plat Book 170, at Page 4 , the Public Records of Miami -Dade County, Florida; thence North
89°57'46" East, along the South line of s : Tract "D", a distance of 190.98 feet to the point of curvature of a curve
concave to the Northwest, having as its el ents a radius of 25.00 feet and a central angle of 89°56'50"; thence
Easterly, Northeasterly, and Northerly along d curve for an arc distance of 39.25 feet; thence South 89°59'08"
East, a distance of 8.99 feet; thence South 00". 52" West, along the Northerly projection of the East Line of Tract
"C", of said plat of FLAGLER GRAN CENTRAL TION, a distance of 99.97 feet; thence South 89°57'46" West, a
distance of 65.60 feet; thence South 00 02'14" Eas distance of 0.94 feet to a point of intersection with a curve
concave to the Southeast, having as its elements a r- s of 233.06 feet and a central angle of 9 40'33"; thence
Southwesterly, along said curve for an arc distance of 6 feet to a to a point of compound curvature with a curve
concave to the Southeast, having as its elements a radiu f 187.33 feet and a central angle of 1°18'57", a radial line
through said point bears North 09°40'23" West; thence Sou esterly along said curve for an arc length of 4.30 feet
to the most Easterly corner of Tract "C1", said plat of FLAGLGRAN CENTRAL STATION, and a point of non -tan-
gency; thence South 89°57'46" West, along the North line of sa , ract "C1", a distance of 27.25 feet to a point of
intersection with a curve concave to the Southeast, having as its - » ents a radius of 162,67 feet and a central angle
of 6°47'52", a radial line through said point bears North 18°27'36" <t; thence Northeasterly, along said curve and
along a Southeasterly right-of-way line of the "Miami -Dade County M- •mover Corridor R/W", as shown on said plat
of FLAGLER GRAN CENTRAL STATION, for an arc distance of 19.30 f- to a point of non -tangency; thence South
89°57'46" West, along a line lying 75.00 feet south of, as measured at rig -ngles to, the South line of said Tract "D";
a distance of 59.73 feet to a point of intersection with a curve concave to th outheast, having as its elements a
radius of 184.33 feet and a central angle of 2°58'09"; thence Southwesterly, a . » • said curve and along a Northwest-
erly right-of-way line of the "Miami -Dade County Metromover Corridor R/W", as own on said plat of FLAGLER
GRAN CENTRAL STATION,for an arc distance of 9.55 feet to the most Easterly c. 'er of Tract "C2", said plat of
FLAGLER GRAN CENTRAL STATION; thence South 89°57'46"West, along the No line of said Tract "C2", a
distance of 38.60 feet; thence North 00°35'45" West, a distance of 80.00 feet to the P T OF BEGINNING.
All of the foregoing lying in the City of Miami, Miami -Dade County, Florida and containing - -rea of 17,604 square
feet (0.404 acres), more or less.
A
Order No.: 03-84797
Drawing No: 2218-SS-24
Date: 9/2/15
Sheet 1 of 5
Biscayne Engineering Company, Inc.
Rapid Transit Right -of -Way
Metropolitan Dade County Stage
SUBSTITUTED
Exhibit "A-2"
Sketch to Accompany Legal Description
Platform Level
JWN 6th Street
NW 3rd Street
Order No.: 03-84797
NW lst Avenu
(Station Components)
at
NW 5th Street
hic Scale
0' 100' 00 300'
Scale: 1"
Location
Airspace
Location
Surveyors Notes:
1) This Map is not a survey.
2) Lands shown hereon have not been abstracted for
easements, rights -of -way, or other matters of record.
3) Elevation data was provided by client, and is based on plans.
4) This document not complete without all sheets
5) Background data shown at Ground Level for Reference
only
6) Elevations shown refer to the Project Datum (North
American Vertical Datum of 1988). Care should be taken
when comparing to elevations of other datums,
of valid without the signature and original raised seal
f . orida licensed Surveyor and Mapper
8) Bea es shown hereon are based on plat entitled
FLAGLE'. RAN CENTRAL STATION (Plat Book 170-41,
Miami -Dads ounty, and are referenced to the South line of
Tract E, havi . bearing of N 89°57'35" E.
SYMBOLS AND ABBREVIATIONS:
CENTERLINE
(P) PLAT DATA
(C) CALCULATED DATA
R RADIUS
L LENGTH OF CURVE
ELEV. ELEVATION
NAVD NORTH AMERICAN
VERTICAL DATUM
P.B. PLAT BOOK
PG. PAGE
RAD. BRG. RADIAL BEARING
Drawing No: 2218-SS-24
Surveyors Certi ' -te:
This Sketch to Acco any Legal Description was
prepared in accordan with the Standards of Practice for
Surveys, Chapter 5J-17, orida Administrative Code,
pursuant to Chapter 472., Florida Statutes.
By For the Firm
Mike J Bartholomew, President
Professional Surveyor and Mapper No. .66
State of Florida
Prepared by: Biscayne Engineering Comp
529 W. Flagier Street
Miami, FI, 33130
Certificate of Authorization No. LB0129
Date: 9/2/15
, Inc.
Sheet 2 of 5
0
0
2
0
Biscayne Engineering Company, Inc.
0
a.
rri
cad
0 0
Exhibit "A-2"
Sketch to Accompany Legal Description
Platform Level
(Station Components)
at
NW 5th Street
POINT
BEGINNIN
S. LINE
\\.‘, . .
\\\-\V
Drawing No: 2218-SS-24
48'
IpI
S
Graphic Scale
0' 25' 50'
Scale: 1" = 50'
75'
Background data shown
at ground level. For
reference only,
1
CJ
0
0
SEE DETAIL "A"
(Sheet 5
Legen
Denotes prop
d airspace (Station)
Lower Ele 45.04' (NAVD-88)
Upper Elev. = 91 (NAVD-88)
Sheet 3 of 5
Biscayne Engineering Company, Inc.
SUBSTITUTED
Exhibit "A-2"
Sketch to Accompany Legal Description
VIDA
Order No.: 03-84797
Platform Level
(Station Components)
at
NW 5th Street
Drawing No: 2218-SS-24
e at
46'
le
Biscayne Engineering Company, Inc,
Legend:
SUBSTI nu "A-2"
Sketch to Accompany Legal Description
Platform Level
notes proposed airspace (Station) (Station Components)
at
NW 1st Avenue NW 5th Street
S 89°59'08"
8.99'
R=25.00'
L=39.25'
Delta=89°56'50
15' 30' 45' f"1:
Scale: 1" = 30'
Detail A
POINT OF
BEGINNING
(SW CORNER
TRACT D)
rq.01,110A
Order No.: 03-84797
S 00°00'52" W 99.97'
0
"Co
io
i• (0
co
V)
S 00°02'14" E
0.94'(P)
Radial Bearing
4.Nu00°6010" E
R=233.06' (P)
L-39.36'
Delta=9°40'33"
Radial gearing
�N 04+
4'0'23'W
., -- R=187.33'(P)
a
Nt in L=4.30' >
cl Delta=1°18'57" 0
N
Radial Begging = . s
R=162,671(P) K. a
L=19.30' E c
Delta=6°47'52" •a) g
to 0
R=184.33'(P)
= 9 . 5 5 '
Ita=2°58'09"
N 00°35'45" W 80.00'(P)
Metropolitan Dade County Stage i Rapid Transit Right-of=Way
Drawing No: 2218-SS-24
Date: 9/2/15
Sheet 5 of 5
Biscayne Engineering Company, Inc.
SUBSTITUTED
Exhibit "A-1"
Sketch to Accompany Legal Description
Mezzanine Level
(Retail Components)
at
NW 6th Street
Legal Description (6th eet Retail -Mezzanine Level):
An airspace parcel being a p. 'on of public right-of-way known as Northwest 6th Street, as shown on FLAGLER
GRAN CENTRAL STATION, a ,rding to the Plat thereof, as recorded in Plat Book 170, at Page 41, of the Public
Records of Miami -Dade County, 'rida, having as its Lower Boundary a Horizontal Plane at elevation 27.67 feet
(North American Vertical Datum of ':8), having as its Upper Boundary a Horizontal Plane at elevation 46.04 feet
(North American Vertical Datum of 1 •. , the perimetrical boundaries of which are more particularly described as
follows:
COMMENCE at the Southwest corner of Tr- "E", FLAGLER GRAN CENTRAL STATION, according to the Plat
thereof, as recorded in Plat Book 170, at Pag ' 1, of the Public Records of Miami -Dade County, Florida; thence
North 89°57'35" East, along the South line of sa Tract "E", a distance of 13.23 feet to a Reference Point "A" and the
POINT OF BEGINNING of the following describe. .reel; thence continue North 89°57'35" East, along the South line
of said Tract "E", a distance of 111.03 feet; thence th 00°11'49" East, a distance of 29.15 feet; thence South
47°52'53" East, a distance of 3.45 feet; thence South o ''11'49" East, a distance of 43.53 feet to a point on the North
line of Tract "D", said plat of FLAGLER GRAN CENTRA► •TATION; thence South 89°57'35" West along the North
line of said Tract "D", a distance of 113.58 feet; thence No 00°11'49" West, a distance of 75.00 feet to the POINT
OF BEGINNING;
LESS AND EXCEPT the following described parcel of land:
COMMENCE at the aforementioned Reference Point "A"; thence No 89°57'35" East, along the South line of said
Tract "E", a distance of 66.45 feet; thence South 00°02'25" East, at rig angles to the last described course, a
distance of 10.52 feet to the POINT OF BEGINNING of the following des. .ed parcel; thence North 89°48'11" East,
a distance of 20.34 feet; thence South 00°11'49" East, a distance of 55.06 t; thence South 89°48'11" West, a
distance of 20.34 feet; thence North 00°11'49" West, a distance of 55.06 feet the POINT OF BEGINNING.
All of the foregoing lying in the City of Miami, Miami -Dade County, Florida and co ining an aggregate area of
7,322 square feet (0.168 acres), more or less.
ALL ABOARD! FOIL
Order No.: 03-84797
Drawing No: 2218-SS-22
Date: 9/2/15
Sheet 1 of 5
Biscayne Engineering Company, Inc.
i51
r-
--SUBSTITUTED
Exhibit ``A.-2"
Sketch to Accompany Legal Description
Mezzanine Level
(Retail Components)
at
NW 6th Street
y Graphic Scale
Q
NW 5th Street _j N
r.
Gi 7j z
' /'
NW 3rd Street
Order No.: 03-84797
0' 100' 200'
Scale: 1" = 200'
300'
Location Map
SYMBOLS AND ABBREVIATIONS:
CL CENTERLINE
(P) PLAT DATA
(C) CALCULATED DATA
R RADIUS
L LENGTH OF CURVE
ELEV. ELEVATION
NAVD NORTH AMERICAN
VERTICAL DATUM
P.B. PLAT BOOK
PG. PAGE
RAD. BRG. RADIAL BEARING
Drawing No: 2218-SS-22
Surveyors Notes:
1) This Map is not a survey.
2) Lands shown hereon have not been abstracted for
easements, rights -of -way, or other matters of record.
3) Elevation data was provided by client, and is based on plans.
4) This document not complete without all sheets
5) Background data shown at Ground Level for Reference
only
5) Elevations shown refer to the Project Datum (North
American Vertical Datum of 1988). Care should be taken
when comparing to elevations of other datums.
7) Not valid without the signature and original raised seal
•f a Florida licensed Surveyor and Mapper
8) arings shown hereon are based on plat entitled
FLA. ER GRAN CENTRAL STATION (Plat Book 170-41,
Miami de County, and are referenced to the South line of
Tract E, ‘ving a bearing of N 89°57'35" E.
Surveyors Certific.
This Sketch to Accom• y Legal Description was
prepared in accordance 'th the Standards of Practice for
Surveys, Chapter 5J-17, ' ida Administrative Code,
pursuant to Chapter 472.02 lorida Statutes.
By For the Firm
Mike J Bartholomew, President
Professional Surveyor and Mapper No.
State of Florida
Prepared by: Biscayne Engineering Company,
529 W. Flagler Street
Miami, FI. 33130
Certificate of Authorization No. LB0129
Date: 9/2/15
Sheet 2 of 5
Biscayne Engineering Company, Inc.
SUBSTITUTED
Exhibit "A-2
Sketch to Accompany Legal Description
Mezzanine Level
(Retail Components)
at
NW 6th Street
SW CORNER TRACT "E"
S 89°57'35" W
S. LINE TRACT "E"
191.09'(P)(C)
Station Airspace
(not a part)
6th St.
48'
Graphic Scale
0' 25' 50'
Scale: 1" s 50'
75'
Background data shown
at ground level. For
reference only.
R=25.00'
L=39.24'
Delta=89°55'21 "(P)(C)
AIRSPACE LOCATION
SEE DETAIL "A" (Sheet 4)
48'
N
z
R=25.00'
L=39.29'
Delta=90°03'21 "(P)(C)
Legend:
Denotes proposed airspa
Lower Elev. = 27.67'
(Bottom
(Retail)
VD-88)
and Transom)
Upper Elev. = 46.04' (NAVD
(Bottom of Soffit)
Biscayne Engineering Company, Inc.
N 89°57'35" E
13.23'
SUBSTITUTED
Exhibit "A-2"
Sketch to Accompany Legal Description
Mezzanine Level
(Retail Components)
at
NW 6th Street
POINT OF NT OF
COMMENCEMENT B NING
(SW Corner Tract E
(PB 170-41)
—
0
0
z
Order No.: 03-84797
ce Point "A")
CT E
PG. 41)
N 89°57'35" E
S 89°57'35" W
N. LINE
TRACT "D"
1.03'
▪ o
0
TRACT D
(P.S, 170 PG. 41)
Detail A
Drawing No: 2218-SS-22
m
d' 119
Q� P
r c>
0
S 47°52'53" E
3.45'
Graphic Scale
0' 15' 30'
Scale: 1" = 30'
N 89°48'11" E
20.34' S. LINE
TRACT "E"
113.58'
45'
�,.
vo co)
S 89°48'11" W
20.34'
Date: 9/2/15
Sheet 4of5
Biscayne Engineering Company, Inc,
Order No.: 03-84797
SUBSTITUTED
Exhibit "A-2"
Sketch to Accompany Legal Description
Mezzanine Level
(Retail Components)
at
NW 6th Street
Drawing No: 2218-SS-22
Date: 9/2/15
Sheet 5 of 5
Biscayne Engineering Company, Inc.
SUBSTITUTED
Exhibit "A-1"
Sketch to Accompany Legal Description
Overbuild Bridge
(Overbuild Components)
at
NW 5th Street
Legal Description (NW 5 treet Overbuild Bridge):
An airspace parcel being a po
GRAN CENTRAL STATION, acc
Records of Miami -Dade County, FI
(North American Vertical Datum of 1
(North American Vertical Datum of 198
follows:
of public right-of-way known as Northwest 5th Street, as shown on FLAGLER
ing to the Plat thereof, as recorded in Plat Book 170, at Page 41, of the Public
a, having as its Lower Boundary a Horizontal Plane at elevation 119.00 feet
having as its Upper Boundary a Horizontal Plane at elevation 157.08 feet
the perimetrical boundaries of which are more particularly described as
COMMENCE at the Southwest corner of Trac ", FLAGLER GRAN CENTRAL STATION, according to the Plat
thereof, as recorded in Plat Book 170, at Page • of the Public Records of Miami -Dade County, Florida; thence
North 89°57'46" East, along the South line of sai• act "D", a distance of 98.01 feet to the POINT OF BEGINNING
of the following described parcel; thence continue ' h 89°57'46" East, along the South line of said Tract "D", a
distance of 52.67 feet; thence South 00°00'52" West, , listance of 76.09 feet to a point of intersection with a curve
concave to the Southeast, having as its elements a radi► of 233.06 feet and a central angle of 7°32'44", a radial line
through said point bears North 02°07'39" West; thence al• a Northwesterly right-of-way line of the "Miami -Dade
County Metromover Corridor R/W", as shown on said plat o AGLER GRAN CENTRAL STATION, the following (2)
courses: (1) thence Westerly and Southwesterly, along said ce for an arc distance of 30.69 feet to a point of
compound curvature with a curve concave to the Southeast, ha : as its elements a radius of 187.33 feet and a
central angle of 1°18'57", a radial line through said point bears No 09°40'23" West; (2) thence Southwesterly along
said curve for an arc length of 4.30 feet to the most Easterly corner • ract "C1 ", said plat of FLAGLER GRAN
CENTRAL STATION, and a point of non -tangency; thence South 89°5 6" West, along the North line of said Tract
"C1 ", a distance of 27.25 feet to a point of intersection with a curve concto the Southeast, having as its elements
a radius of 162.67 feet and a central angle of 6°47'52", a radial line throng' .id point bears North 18°27'36" West;
thence Northeasterly, along said curve and along a Southeasterly right-of-wa 'ne of the "Miami -Dade County
Metromover Corridor R/W", as shown on said plat of FLAGLER GRAN CENT STATION, for an arc distance of
19.30 feet to a point of non -tangency; thence South 89°57'46" West, along a line -rallel with, and 75.00 South of, as
measured at right angles to, the South line of said Tract "D", a distance of 9.31 fee', ence North 00°00'52 East, a
distance of 75.00 feet to the POINT OF BEGINNING.
All of the foregoing lying in the City of Miami, Miami -Dade County, Florida and containing area of 4,134 square
feet (0.095 acres), more or less.
Order No.: 03-84797
Drawing No: 2218-SS-25
Date: 9/2/15
Sheet 1 of 5
Biscayne Engineering Company, Inc.
Metropolitan Dade County Stage ! ^ apid Transit Right-of-W
SUBSTITUTED
Exhibit "A 2"
Sketch to Accompany Legal Description
Overbuild Bridge
(Overbuild Components)
at
NW 5th Street
NW 6th Street
w
5th
Street
NW 3rd Street
Order No.: 03-84797
is Scale
0' 100'
Scale: 1" =
Location
Airspace
Location
300'
SYMBOLS AND ABBREVIATIONS:
CENTERLINE
(P) PLAT DATA
(C) CALCULATED DATA
R RADIUS
L LENGTH OF CURVE
ELEV. ELEVATION
NAVD NORTH AMERICAN
VERTICAL DATUM
P.B. PLAT BOOK
PG. PAGE
RAD. BRG. RADIAL BEARING
Drawing No: 2218-SS-25
Surveyors Notes:
1) This Map is not a survey.
2) Lands shown hereon have not been abstracted for
easements, rights -of -way, or other matters of record.
3) Elevation data was provided by client, and is based on plans.
4) This document not complete without all sheets
5) Background data shown at Ground Level for Reference
only
6) Elevations shown refer to the Project Datum (North
American Vertical Datum of 1988). Care should be taken
when comparing to elevations of other datums.
of valid without the signature and original raised seal
of orida licensed Surveyor and Mapper
8) Bea •s shown hereon are based on plat entitled
FLAGLE RAN CENTRAL STATION (Plat Book 170-41,
Miami -Dad ounty, and are referenced to the South line of
Tract E, havin, bearing of N 89°57'35" E.
Surveyors Certifi, te:
This Sketch to Acco 'any Legal Description was
prepared in accordancith the Standards of Practice for
Surveys, Chapter 5J-17, Bride Administrative Code,
pursuant to Chapter 472.0 Florida Statutes.
By For the Firm
Mike J Bartholomew, President
Professional Surveyor and Mapper No. '66
State of Florida
Prepared by: Biscayne Engineering Compan ,
529 W. Flagler Street
Miami, FI. 33130
Certificate of Authorization No. LB0129
Date: 9/2/15 Sheet 2 of 5
SUBSTITUTED
Exhibit "A-2"
Sketch to Accompany Legal Description
Overbuild Bridge
(Overbuild Components)
at
NW 5th Street
POINT 0
COMMEN
19e.98' P (C
Biscayne Engineering Company, Inc.
fight.-0f-Way
Metrop.Htan Dade County Stage
CO
N 00°00'35" W 273.06'(P)
Order No.: 03-84797
Graphic Scale
0' 25' 50'
Scale: 1" = 50'
75'
Background data shown
at ground level. For
reference only.
48' I
R=25,00'
L=39.25'
Delta=89°56'50'(P)
AIRSPACE LOCATION
SEE DETAIL "A" (Sheet 5)
c9�
35'
Legend:
Denotes proposed airspa. (Overbuild)
Lower Elev. = 119.00' LVD-88)
Upper Elev. = 157.08' (NA -88)
CD
'Q
Z
Biscayne Engineering Company, Inc.
SUBSTITUTED
Exhibit "A-2"
Sketch to Accompany Legal Description
Overbuild Bridge
(Overbuild Components)
at
NW 5th Street
,ot ;de
.5e°011ci
per
CP 0)
..-,:7. --i'r.J•::.:_-••-•-•._-:-;'•,- - ,
444t•
..,,,,‘,„. ,,,.‹..::!--,.':-)'::-:,.1,'11::-,'.-:.:-"_,'-_-.:'-i').--'•.:.'' i. _,
0,C,Zrzt-
‘2›.-
..,,',/‹..... .. '''.;.....ci.,,if_n.,,401,4.› ''':1 fr-::.-±'-•::,:.:
,
4e—
'---....„..„,
„,
-
.4-_-,-,-',77::-,:--•'_..---=';-,---..,:
...,, .."
Go
V-
....‘P
ALL ABOARD FLORIDA
Drawing No: 2218-SS-25
Date: 9/2/15
Sheet 4 of 5
Biscayne Engineering Company, Inc.
Lege
Denotes
SUBSTITUTED
Exhibit "A-2"
Sketch to Accompany Legal Description
Overbuild Bridge
(Overbuild Components)
at
NW 5th Street
osed airspace (Overbuild)
Lower , ev. = 119.00' (NAVD-88)
Upper Ele 157.08' (NAVD-88)
Legend:
CDenotes Curve Number
POINT OF PO OF
COMMENCEMENT BEG ING TRACT D
(SW Corner Tract "D" (P.B. 170 PG. 41)
(PB 170-41))
S LINE TRACT "D"
N89°57'46"E I 98.01'
- `S89°57 46"W
27.25'(P)
(N. LINE TRACT C1
Miami -Dade
County Metromover
RW (per pat)
' .m ° FLORIDA
Order No.: 03-84797
Drawing No: 2218-SS-25
Date: 9/2/15
R=233.06'(P)
L=30.69`
Delta=7°32'44"
o (C2) 4.4
ti
cti R=187.33' e—
L= 4.30'
Delta=1 °18'57"(P)
R=162.67'(P)
L=19,30'
Delta=6°47'52"
P. 170 PG. 41)
Graphic Scale
0' 30' 45'
Scal- " = 30'
Sheet 5 of 5
SUBSTITUTED
Biscayne Engineering Company, Inc.
Exhibit "B"
Legal Description (Bene ed Parcels):
Tracts "C", "Cl", "C2", " D", an. ' of FLAGLER GRAN CENTRAL STATION, according to the Plat thereof, as
recorded in Plat Book 170, at P- - 41, of the Public Records of Miami -Dade County, Florida.
All of the foregoing lying in the City
Al4120 ,O#
Order No,.: 03-84797
iami, Miami -Dade County, Florida.
Drawing No: 2218-SS-25 Date: 9/2/15
Sheet 1 of 1
I.
SUBSTITUTED
EXHIBIT C
INSURANCE EXHIBIT
SURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE -AERIAL
EASEMENT OPERATIONAL PHASE
mercial General Liability (Primary & Non Contributory)
Limits of Liability
odily Injury and Property Damage Liability
eh Occurrence $1,000,000
G• -ral Aggregate Limit $ 2,000,000
Pro. is/Completed Operations $ 1,000,000
Perso . and Advertising Injury $1,000,000
B. Endorseme Required
City of Miami ted an additional insured
Contingent and tactual Exposures
Premises/Operatio iability
Explosion, Collapse . . Underground Hazard
Loading and Unloading
Railroad exclusion delete
IL Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage ..bility
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned tos
Any One Accident ' .000,000
B. Endorsements Required
City of Miami listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
IV. Employer's Liability
Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
SUBSTITUTED
$1,000,000 for bodily injury caused by disease, policy limit
Umbrella Liability (Excess Follow Form)
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 15,000,000
Aggregate $ 15,000,000
ty of Miami listed as an additional insured
E ss follow form over all applicable liability policies herein contained
The above policies s 1 provide the City of Miami with written notice of cancellation or
material change from insurer not less than (30) days (ten (10) days in the case of non-
payment of premium) p to any such cancellation or material change, or in accordance
with policy provisions.
Companies authorized to do bus -ss in the State of Florida, with the following qualifications, shall
issue all insurance policies require.. bove:
The company must be rated no le than "A-" as to management, and no less than "Class
V" as to Financial Strength, by the est edition of Best's Insurance Guide, published by
A.M. Best Company, Oldwick, New ey, or its equivalent. All policies and /or
certificates of insurance are subject to ew and verification by Risk Management prior
to insurance approval.
SUBSTITUTED
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE -
CONSTRUCTION COMPONENT TO BE PROVIDED BY GENERAL CONTRACTOR
AND/OR BY OWNER
Commercial General Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations $2,000,000
rsonal and Advertising Injury $1,000,000
B. End ements Required
City of .mi listed as an additional insured
DT Miami ' ted as an additional insured
Contingent a Contractual Exposures.
Explosion, Co •se and Underground Hazard
Primary and Non ontributory Endorsement
Products and Come ed Operations covered for a minimum five years following
project completion. A • itional insureds included on this requirement.
Railroad Exclusion De -d
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Dama 'ability
Combined Single Limit
Any Auto/Owned/Scheduled
Including Hired, Borrowed or Non -Own- utos
Any One Accident 1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
DT Miami listed as an additional insured, if applicabl
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
IV. Employer's Liability
Limits of Liability
$1,000,000 for bodily injury causedby an accident, each accident.
SUBSTITUTED
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
Umbrella/Excess Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $15,000,000
Aggregate $15,000,000
Cit Miami listed as an additional insured
Exce oun over all applicable liability policies contained herein
VI. Environmen Impairment/CPL Liability $5,000,000
City of Miami
Five Year Repo
ted as an additional insured
g Period
VII. Builder's Risk/Installa
Causes of Loss: Spec
Deductible: $250,000
City of Miami & DT Mia
Floater
Form with Replacement Cost Valuation
, 5% Wind & Hail, Flood
listed as loss payee/additional insured
VIII. Payment and Performance Bond be obtained by General Contractor)
The above policies shall provide the City of Mia
material change from the insurer not less than (30)
materialchange.
withwritten notice of cancellation or
ys prior to any such cancellation or
Companies authorized to do business in the State of Florida, 'th the following qualifications, shall
issue all insurance policies required. above:
The company must be rated no less than "A" as to managemen nd no less than "Class V" as
to Financial Strength, by the latest edition of Best's Insurance Gu •, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent. All policies and certificates of insurance
are subject to review and verification by Risk Management prior to ranee approval.