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HomeMy WebLinkAboutExhibit - Ariel EasementTHIS 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: Juvenal Santana, P.E., CFM, Director Public Works Department [SPACE ABOVE THIS LINE FOR RECORDING DATA] AERIAL EASEMENT This AERIAL EASEMENT (this "Easement") is made and entered as of this day of , 2017 (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 and DT MIAMI B LLC, a Delaware limited liability company, whose address is 2855 LeJeune Road, 4th Floor, Coral Gables, Florida 33134, as grantee (together the "Grantee"), both 100% owned by AAF Miami TOD Holdings LLC, a Delaware limited liability company. RECITALS: WHEREAS, the Grantor has certain Iegal rights, custodial responsibility and interest in the City right-of-way known as N.W. 3rd 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 "Adjacent Parcels") to which this Easement shall be appurtenant, as may be amended by Grantor and Grantee upon completion of the Improvements to reference only that portion of the Adjacent Parcels immediately adjacent to the Burdened Property; and WHEREAS, Grantee has received approval from Miami -Dade County and the Grantor to build a railroad terminal project that 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 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 an elevated pedestrian bridge over the Burdened Property for public use to connect various modes of transportation (the "Improvements") and other improvements, all as depicted in the plans provided to Grantor, as may be amended from time to time in accordance with the approved Site Plan; 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 Adjacent 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"). 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 (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 2 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 Adjacent 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 Adjacent Parcels. The Improvements shall be owned by Grantee, subject to the terms set forth herein. Furthermore, said use is intended to comply with applicable conditions set forth in the Approvals for the pedestrian connection of the Project to the Government Center Metrorail Station and not for use for vendor operations or similar retail sales. 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. (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 3 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 Iimited 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. 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. 4 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 Adjacent Parcels and shall not be subdivided or sold separately from the Adjacent Parcels without the prior consent of the Grantor. Any sale, assignment or transfer of 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 5 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: To Grantor: 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 6 To Grantee: DT Miami, LLC DT Miami B, LLC 2855 LeJeune Road, 4`h 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 Adjacent 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. 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 7 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. [Remainder of Page Intentionally Left Blank] 8 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 [Signatures continue on next page] 9 WITNESSETH: GRANTEE DT MIAMI LLC, a Delaware limited liability company By: Signature Kolleen Cobb, Vice President Print Name Signature Print Name DT MIAMI B LLC, a Delaware limited liability company By: Signature Kolleen Cobb, Vice President Print Name Signature Print Name 10 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of April, 2017, by Kolleen Cobb, the Vice President of DT Miami, LLC, a Delaware Iimited liability company and DT Miami B LLC, a Delaware limited liability company, who is personally known to me or and has/has not produced as identification and did/did not take an oath. Commission Expires: Notary Print Name: 11 EXHIBIT A DESCRIPTION OF BURDENED PROPERTY E,X IT1311 r1 "A J 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION (STA TION COMPONENTS) at NW 3RD STREET SURVEYOR'S NOTES: — This Map is not a Survey. — Lands shown hereon have not been abstracted for easements, rights —of —way, or other matters of record. — Elevation data was provided by client, and is based on plans. — This document is NOT complete without all sheets. — Not valid without the signature and original raised seal of a Florida licensed Surveyor and Mapper. — Bearings shown hereon are based an the plat entitled FLAGLER GRAN CENTRAL STATION (P.6. 170, PG. 41; Miami —Dade County), FLORIDA and ore referenced to the centerline line of NW 3rd Street, having a bearing of 589'53'38"E. — Elevations shown refer to the Project Datum, NAVD-88 (North American Vertical Datum of 1988). (reference document: "FLAGLER GRAN CENTRAL STATION — CIVIL FACILITIES PLAN Schwebke—Shiskin & Associates, Inc., Miramar, FL; File No. AJ-5194; M—DWASD AGREEMENT lD# 22214). Care should be taken when comparing to elevations of other datums. — Vertical limits provided by client (reference document: "ALL ABOARD FLORIDA PACKAGES 6"; S.O.M., 14 Wall Street, New York, NY; drawing number GT-0001) NW 6TH STREET AIRSPACE LOCATION Irk to 0/ z = w 0 o NW 4TH STREET z a Ni UI z, rt w SURVEYOR'S CERTIFICATE: This Sketch to Accompany Legal Description was prepared in accordance with the Standards of Practice for Surveys, Chapter 5J— 17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Biscayne Engineering Company, Inc. 529 West Flagier Street, Miami, FL. 33130 Certificate of Authorization Number LB 0129 Mike J Bartholomew, PSM, For the Firm Professional Surveyor and Mapper No. 5666 State of Florida NW 5TH STREET NW 1ST AVENUE 2U N IU 3RD STREET i I / LOCATION MAP 1" = 500' MIAMI, FLORIDA N MIAMill AVENUE i 'NW 2ND STREET ABBREVIATIONS: - CENTERLINE CONT. — CONTINUED D — DELTA OR CONTROL ANGLE ELEV. — ELEVATION L — ARC. DISTANCE (P) — PER PLAT P.B. — PLAT BOOK PG. — PAGE P.O.B. — POINT OF BEGINNING R — RADIUS RGE. — RANGE R/W — RIGHT OF WAY SEC. — SECTION TWP. — TOWNSHIP BEC REF. DATE. Nu 28, 20117 — 5: iic— :5r ntE \\aes-ac-02\aelai\sURVE+\PR001.5\8 •.�tt`l'•4�L SEI .4d il.eel Losonent\4Af St,5, '.: SI EASE8E.Yr llosler.d.g NOT A SURVEY DRAWING: 2259-SS-25 REVISION DATE 03128/1 7 CLIENT NAME: BRJGH TUNE DRAWN BY ORDER BEC 03-84797 A.R. SHEET 1 OF 4 BISCAYNE ENGINEERING COMPANY, INC. ,��. 1 898 529 WEST FLAGLER ST, MIAMI FL 33130 TEL (305) 324-7671, FAX (305) 324-1700 WWW. BISCAYNEENGINEERING. COM ' 1XrI �IrB,Ir "A J 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION (STA TON COMPONEN TS) at NW 3RD S TREE T Legal Description (NW 3rd Street Station): An airspace parcel being a portion of public right—of—way known as Northwest 3rd Street, as shown on FLAGLER GRAN CENTRAL STATION, according to the Plat thereof, as recorded in Plat Book 170, at Page 41, of the Public Records of Miami —Dade County, Florida, having as its Lower Boundary a Horizontal Plane at elevation 27.67 feet (North American Vertical Datum of 1988), and having as its Upper Boundary a Horizontal Plane at elevation 46.04 feet (North American Vertical Datum of 1988), the perimetrical boundaries of which are more particularly described as follows: BEGIN at Southwest corner of Tract "C", FLAGLER GRAN CENTRAL STATION, according to the Plat thereof, as recorded in Plot Book 170, at Page 41, of the Public Records of Miami —Dade County, Florida; thence South 89°53'38" East, along the South line of said Tract "C", a distance of 20.00 feet; thence South 00°01'14" West, a distance of 50.00 feet; thence North 89°53'38" West, along the North line of Tract "B", said plot of FLAGLER GRAN CENTRAL STATION, a distance of 20.00 feet; thence North 00'01 '14" East, a distance of 50.00 feet to the POINT OF BEGINNING. All of the foregoing lying in the City of Miami, Miami —Dade County, Florida and containing an area of 1,000 square feet (0.023 acres), more or less. BEC REF 'C. Ym 29 1017 _._ '5' \\Oes-x-02,,do[oi\SUAREI\FRO'EC,S\A-10.4s\Ba P37 Oennloxn ,L,1%., LAST C.OASI kAO \MVO <- NOT A SURVEY DRAWING: 2259-SS-25 CLIENT NAME: BRIGHTLINE REVISION DATE: 03/28/1 7 BEC ORDER # 03-84797 DRAWN BY A.R. SHEET 2 OF 4 1f 48 ,�98 529 WEST FLAGLER ST, MIAMI FL 33130 inun. BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700 WWW. BISCAYNEENGINEERING. COM w a 0 0 cTc U] z cc Fr EXUllaIr m "A.1" SKETCH TO ACCOMPANY LEGAL DESCRIPTION (S TA TION COMPONENTS) at NW 3RD STREET GRAPHIC SCALE 0 15 30 1 inch = 30 feet. P.O.B. SOUTHWEST CORNER OF TRACT "C' SOUTH LINE OF L 1 TRACT "C" Ln L3 \ NORTH LINE OF TRACT "B" TRACT "C" FLAGLER GRAN CENTRAL STATION (P,B. 170, PG. 41) NOTE: IN SEC. 37, TWP. 54 SOUTH, RGE. 41 EAST, JAMES HAGAN DONATION ELEVATION LIMITS: UPPER ELEVATION = 46.04' (NAVD-88) LOWER ELEVATION = 27.67' (NAVD-88) N.W. 3rd STREET AIRSPACE EASEMENT S89°53'38"E (P) (BEARING BASIS) TRACT "B" FLAGLER GRAN CENTRAL STATION (P.B. 170, PG, 41) Parcel Line Table Line # Length Bearing Li 20.00' S89°53'38"E L2 50.00' S00°01'14W L3 20,00' N89°53'38"W L4 50.00' N00'01'14"E 1stIAVENUNE z BEC REF. "" - • NOT A SURVEY DRAWING: 2259-SS-25 CLIENT NAME: BRIGHTLINE REVISION DATE. 03/28/17 BEC ORDER # 03-84797 DRAWN BY A.R. SHEET 3 OF 4 BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700 .�,�. pass 529 WEST FLAGLER ST, MIAMI FL 33130 WWW.BISCAYNEENGINEERING.COM ENHenatIeurl "A 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION (STA TION COMPONENTS) at NW 3RD STREET AIRSPACE 21\ 00 EASEMENT GR 0), 0,$3) Q� s 11'li(FoP° < a�� - ..aG, • 57s4� fi NOT TO SCALE BEC REF. 141,waYEr ROICiS\a+caYs\8097 a'.;,.`=kL\DM\uIRuI cExlflALv,e AL Sr - Sn Street Fnseme,l\AA= 5 NOT A SURVEY DRAWING: 2259-SS-25 CLIENT NAME: BRIGHTLINE REVISION DATE: 03/28/1 7 BEC ORDER # 03-84797 DRAWN BY A.R. SHEET 4 OF 4 BISCAYNE ENGINEERING COMPANY, INC. TEL (305) 324-7671, FAX (305) 324-1700 yincc. 4 8 9 8 529 WEST FLAGLER ST, MIAMI FL 33130 WWW.BISCAYNEENGINEERING.COM EXHIBIT B ADJACENT PROPERTY Tracts B and C 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. 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 IL 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 $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, Uldwick, 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. 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. $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 Miarni listed as an additional insured Excess Form over all applicable liability policies contained herein VI. Environmental Impairment/CPL Liability $5,000,000 City of Miarni 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 & HaiI, 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.