HomeMy WebLinkAboutExhibitThis instrument prepared by
and shall be returned to:
City of -Miami Public Works Department
Attention: Director of Public Works
444 SW 2nl Avenue, 8'h Floor
Miami, FL 33130
LOCATION: 711 NE 29 Street,
MIAMI. FLORIDA 33137
FOLIDNO.:01.3230-10I -0010
Area Reserved for Recording
PERPETUAL EASEMENT
THIS EASEMENT made this day of Lk f.,ui , 2017 by BISCAYNE
MIAMYII PARTNERS LLC, a Delaware Limited Liability Cot parry, and EDGEWATER MIAMI
PARTNERS LLC, a Delaware Limited Liability Company, whose address is 314 Clematis Street, Suite
201, West Palm Beach, FL 33401, ("Grantor"), to the CITY OF MIAMI, a Florida Municipal
Corporation, its successors and assigns, whose address is 444 SW 2" Avenue, Miami, FL 33I30
("Grantee"),
WHEREAS, Grantor is the owner of fee simple title in and to the property described in Exhibit
"B" (the "Property");
WITNESSETH, that the Grantor for and in consideration of the sutra of Ten Dollars ($10.00) and
other good and valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged,
hereby grants unto Grantee, its successors and assigns, a perpetual easement for public pedestrian ingress
and egress over and upon the sidewalk, with full authority to enter upon the sidewalk, said land lying in
Miami -Dade County, Florida, viz:
SEE LEGAL DESCRIPTION AND SKETCH ATTACHED
HERETO AND INCORPORATED BY REFERENCE
HEREIN AS EXHIBIT "A".
RIGHTS GRANTED TO THE GRANTEE, the Grantee shall have the right of usage and
enjoyment of the easement for public pedestrian ingress and egress purposes. The Grantor shall construct
and maintain sidewalk within the easement area and to clear and keep clear all trees, undergrowth, and
other obstructions that may interfere with the normal ingress and egress upon the easement by the
Grantee, out of and away from the herein Grantee right-of-way and that the Grantor, its successors and
assigns, agree not to build, construct or create nor permit others to build, construct or create, any
buildings or other structures on the herein granted easement that may interfere with the normal ingress
and egress purpose. Grantor further grants the reasonable right to enter upon adjoining lands of the
Grantor for the purpose of exercising the rights herein granted.
Grantor shall maintain the sidewalk within the easement area in good condition and repair.
Grantor reserves the right to grant other easements within the easement area, and to use the easement area
primarily for Grantor's own benefit, provided such other easements and uses do not interfere with
Grantee's use of the easement area as granted hereby.
TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever,
together with a covenant hereby knowingly, voluntarily and freely given by Grantor not to sue or to
MIA 185894900v1
maintain any civil or other claim, demand, cause of action, debt, default, or other relief against the said
Grantee and its successors and assigns from any or all personal injury, property damage, or diminution of
property rights arising from or accruing by virtue of the Grantor's activities, acts and omissions under this
easement and/or construction on and/or maintenance to the lands, if any, owned by the Grantor, laying
adjacent, continuous or abutting to the lands hereinabove described and the Grantor shall defend title to
said lands against all persons claiming by, through or under said Grantor, and shall indemnify, defend,
and hold harmless the Grantee against any and all claims, costs, expenses, deficiencies, liabilities,
judgments, losses, damages, or suits (including related counsel fees at trial and appellate proceedings, and
court costs) arising from or in connection with the Grantor's activities under this easement, in whole or in
part.
Insurance. The Grantor shall maintain in full force at all times during the term of this agreement,
a commercial general liability coverage affording bodily injury, including death and property damage
with limits of $1,000,000.00 per occurrence, S2,000,000.00 policy aggregate. The certificate shall include
coverage for premises liability, and any other applicable coverage exposures as applicable, in connection
with this easement. The certificate shall reflect a primary and non contributory basis, and shall reflect the
Grantee as an additional insured on this coverage.
The insurance and easement shall be subject to the approval of the City of Miami Risk Manager
and the City of Miami Attorney. The insurance policy shall be procured and premiums paid by Grantor.
The effective date of the policy shall be prior to or on the effective date of the Easement and the policy
terra or any renewals thereof shall remain in effect for the term of the Easement.
The insurance carrier for the policy must be rated no less than A- as to management and no less
than Class (V) as to strength by the latest edition of Best's Insurance Guide and must be approved by the
City of Miami Risk Manager. Grantee shall be listed as Additional Insured under the policy. Proof of
insurance shall be supplied to the satisfaction of Grantee prior to the issuance of any permits. A
Certificate of Insurance bearing Grantee as "Additional Insured" shall in no way relieve Grantor of the
obligation to add Grantee as "Additional Insured" to (he actual insurance policy. The insurance policy
shall provide that Grantee be given at least thirty (30) days advance written notice of any material
changes, cancellation or non -renewal notification of any policy and, in the event of such material change,
cancellation or non -renewal notification, Grantor shall immediately replace said policy with another
policy to the satisfaction of Grantee with the receipt of a certificate of insurance for such policy by
Grantee at least ten (10) days prior to the effective date of the material changes, cancellation or non -
renewal of any policy. In the event that the Grantee is not in possession of same by such date, then
Grantee shall have the right to immediately secure a similar insurance policy in its name with the total
cost of the premium and all monies that may become due during the term of the easement being charged
to the Grantor and Grantee shall have the right to declare and establish said costs as a lien on property
described herein of Grantor, enforced as any lien provided for under the statutes of the State of Florida.
Grantor agrees to increase from time to time, as required by the City of Miami Code, the limits of the
comprehensive liability insurance policy required to be provided pursuant to this Easement, upon the
written request of Grantee.
This Easement agreement shall be binding upon successors and assigns, personal representatives,
heirs, executors, and administrators, of the parties hereto. This Easement agreement will be construed
under the laws of the State of Florida. Venue in any action or proceeding between the parties arising out
of this Easement agreement shall be in Miami -Dade County, Florida.
The Grantor's representative below is hereby authorized and directed to execute this perpetual
easement with the Grantee.
[SIGNATURE PAGE FOLLOWS]
MIA 185894900v1
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first
above written.
Signed, sealed and delivered in the presence of:
Witness:—.41-00atir
Print Name:la ". a j G. t4 c y
Address: S t s t•
Witness:
Print Name: V off c foe; s1 b
Address: "3 ,�y LZ+•+Me� L , tt ja.�[r,
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
GRANTOR:
Biscayne Miami Partners, LLC, aDelaware limited
liabili ; company
By:
Reid J. Boren, President
The foregoing instrument was acknowledged before me this 26 day of April, 2017, A.D., by
Reid J. Boren as President of Biscayne Miami Partners, LLC, a Delaware limited liability company.
He is personally known to me of produced, a iti catio,n
Notary ' 6 bIlc, State of . orida
[SEAL] ,� �`¢,�, .`^ Kimberly A. Reitz
�` ,• = COMMISSION FF140855
"= EXPIRES: Aug. 2, 2048
'� �' wwW.AaRoNFloeaax.stiM
Witness" " •-•;"
Print Nam
Address:
cl(1,41 &e.a.* 1=
Witness:
Print Narne:
Address:Ica%7 0 c'
STATE OF FLORIDA)
COUNTY OF M[ANII-DADE)
GRANTOR:
Edgewater Miami Partners, LLC, aDelaware limited
liabilityompany
By:
Reid J. Boren, President
The foregoing instrument was acknowledged before me this 6 day of April, 2017, A.D., by
Reid J. Boren as President of Edgewater Miami Partners, LLC, a Delaware limited liability company.
He is personally known to inc or produced ,as identification.
of y�P l lic, State of Flo
[SEAL]
. Kimberly A. Reitz
•," �'' COMMISSION # FF140855
-�.. EXPIRES: Aug. 2, 2018
ryp t"'"�. 4MYYYY.MRONNQTAAY.CON
ATTEST:
Bv:
Todd B. Hannon, City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
By:
V aria Me dez, City Attorney
Af9dC/X2-//7
MIA 185894900v1
CITY OF MIAMI, a municipal
corporation of the State of Florida
Daniel J. Alfonso, City Ma •er
APPROVED .^ Tr )NSUI ]'dCE
REQUIR,
n-Pr1. ie Sh.. pe, Director
Risk anage ent Department
EXHIBIT A
[Attach Sketch and Legal Description of Pedestrian Easement]
MIA 185894900v1
SKETCH AND LEGAL DESCRIPTION
LEGAL DESCRIPTION: FOR PEDESTRIAN EASEMENT
A portion of Lot 10, Tract 2, Revised Plat of BR0ADM00f2 PLAZA, according to the Plat thereof, recorded in Plat
Book 32, at Page 76, of the Public Records of Miami —Dade County, Florida, being more particularly described as
follows:
Commence at the Northeast corner of said Lot 10; thence 588'00'00"W along the North line of Lot 10, also
being the South Right —of —Way line of N.E. 30th Street, for 32.97 feet to the Point of Beginning of the
hereinafter described Pedestrain Easement; thence continue 588'00'00"W along said North line for 38.73 feet to
a point on a circular curve, concave to the North and whose radius point bears S26'57'18"W; thence
Southeasterly and Northeasterly along a 40.00 foot radius curve, leading to the left, through a central angle of
57'54'36", for an arc distance of 40.43 feet to the Point of Beginning.
SURVEYOR'S NOTES:
— Bearings hereon are referred to on assumed value of N88'00"00"E for South right of way
line of N.E. 30th Street.
— Lands shown hereon containing 131 square feet, or 0.003 acres, more or less.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch and Legal Description" was made under my responsible charge on
May 17, 2017, and meets the applicable codes as set forth in the Florida Administrative Code,
pursuant to Section 472.027, Florida Statutes.
"Not valid without t signature and the original raised
seal of ajlorida Licensed Surveyor and Mapper'
FOI4TIN, LE 'VY, SKILEIN ✓, B3653
By:
Daniel C. Fortin, Jr., For The Firm
Surveyor and Mapper, LS6435
State of Florida.
LEG EN D
A = CENTRAL ANGLE
R = RADIUS
L = LENGTH
RB = RADIAL BEARING
GRAPHIC SCALE
0 2�0
( [N FEET )
1 inch = 40 ft.
T}I NORTH LINE OF LOT 10 de
SOUTH RIGHT—OF—WAY LINE
OF N.E. 30TH STREET
Oi
81 LOT 10
a,N.E. 30th STREET
o _ Y�MONUMENT LINE 1
az� ENTER LINE �Sgg'00'a0 W 53,36'
o w �— POINT OF---�_
of �/- r COMMENCEMEN
6a (0LgT 8',\ NNORTHHEA1 T CORNER
588°00'00"W , voi �F•
38.73' II Sgg OO'a0^N
� 32.87'
1-POINT OF
La = 57°54136" BEGINNING
R = 40.00'
L = 40.43'
RB = N26"57'18"E
TRACT 2
REVISE PPAT T OF 3O PAGEOMOO PLAZA
BISCAYNE BAY
Drawn By
BLS
Cad. No.
161468
Ref. Dwg.
2013-055-3
REV.1 16146E
Plotted: 5/17/17 6,49a
LEGAL DESCRIPTION, NOTES & SKETCH
FORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUI EBER: 00003653
1 SO Northeast 168th Street / North Miami Beach, Florida 33162
Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com
Date
5/17/17
Seale
1'=40'
Job. Na 1 61 468
Dwg. No, 1016-103
Sheet 1 of
EXHIBIT B
LEGAL DESCRIPTION
PARCEL I:
The East 265 feet of the West 530 feet of Tract 3, of REVISED PLAT OF BROADMOOR
PLAZA, according to the plat thereof recorded in Plat Book 32, at Page 76 and Lot 2 and the
East 15" of Lot 1 in Block 3, of BROADMOOR PLAZA, Plat Book 30 at Page 61, of the Public
Records of Miami -Dade County, Florida;
PARCEL II:
Lots 8, 9 and 10, in Block 2, of' f/k/a BROADMOOR PLAZA, according to the Plat thereof
recorded in Plat Book 30, at Page 6 I, of the Public Records of Miami -Dade County, Florida;
ALSO KNOWN AS:
That portion of Tract 2, lying East of Northeast Seventh Avenue, Revised Plat of
BROADMOOR PLAZA, according to the Plat thereof recorded in Plat Book 32, at Page 76, of
the Public Records of Miami -Dade County, Florida.
LESS AND EXCEPT
The external area of a circular curve lying within Lot 8, Tract 2 of REVISED PLAT OF
BROADMOOR PLAZA, according to the plat thereof as recorded in Plat Book 32, Page 76 of
the Public Records of Miami -Dade County, Florida. Said curve being concave to the Southeast,
having a radius of 25.00 feet, a central angle of 89°59'50", an are length of 39.27 feet, and being
tangent to the West and North lines of said Lot 8. Containing 134 square feet.
PARCEL III
Tract "A", of Derby Subdivision, according to the plat thereof recorded in Plat Book 171, Page
36, of the Public Records of Miami -Dade County, Florida.
AND
The East 35 feet of Lot 8, in Tract 3, of Revised Plat of BROADMOOR PLAZA, according to
the Plat thereof recorded in Plat Book 32, at Page 76, of the Public Records of Miami -Dade
County, Florida.
AND
Lot 9, in Block 3, of BROADMOOR PLAZA, according to the Plat thereof as recorded in Plat
Book 30, at Page 61, of the Public Records of Miami -Dade County, Florida.
MIA 185894900v1
LOCATION 711 NE 29 Slreet,
MIA,MI, FLORIDA 33137
FO LIO NO.: D 1-3230-10I -0010
CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE
The undersigned BREDS II Loan Holdings, LLC, a Delaware limited liability company,
holder of that certain Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture
Filing, made by Biscayne Miami Partners, LLC, a Delaware limited liability company, and
Edgewater Miami Partners, LLC, a Delaware Limited liability company, dated as of August 8,
2014 and recorded August 11, 2014 in Official Records Book 29266, Page 1605, Public Records of
Miami -Dade County, Florida, as affected by that certain Assignment of Condominium Rights and
Declarant's Rights dated as of August 8, 2014 and recorded August 12, 2014 in Official Records
Book 29266, Page 3335, as affected by that certain Collateral Assignment of Declarant's Rights
dated as of August 8, 2014 and recorded August 12, 2014 in Official Records Book 29266, Page
3360, said Public Records, encumbering the real property described in attached Exhibit A, a
portion of which property is being subjected to the above and foregoing Perpetual Sidewalk
Easement (the "Easement") made by Biscayne Miami Partners, LLC in favor of the City of Miami,
hereby consents to said Easement and agrees that the lien of said Mortgage shall be subject and
subordinate to the terms of said Easement.
IN WITNESS WHEREOF, the undersigned Mortgage holder has set its hand and seal this
day of [�fl�.__ , 20a.
Witnessed by:
Witness sign:
Print name:
Witness sign:if
Print name: U
STATE OF
COUNTY OF
-,0411001,41
ckkrA
J
}
) SS:
}
BREDS 11 Loan Holdings, LLC, a Delaware
limited liabilityplany
By:
Name:
Title:
OMAS C. RUF 1G
Authorized Signatory,
The undersigned, a Notary 'u in an. for the sal , C. a, in the State aforesaid, DOES
HEREBY CERTIFY that 0 5 C 4T , the r DS II Loan Holdings, LLC, a
Delaware limited liability company, who is .ersonatly known to e to be the same person whose name is
subscribed to the foregoing instrument appeared before me this day in person and acknowledged that he
signed and delivered the said instrument as his own free and voluntary act and as the free and voluntary act
of said corporation for the uses and purposes therein set forth.
GIVEN under ley hand and notarial seal tl day oft
-'Qkfria
Notary Public
[NOTARY SEAL] Print Name:
My Commission Expires: REBECCA NYAHAY .
New York
No. 01NY1330934
Qualified in Lbw Yorif County
Commission Expires September 28, 2019
MIA 185845504v3