HomeMy WebLinkAboutSubmittal-Wayne Pathman-Access Easement And Indemnification Agreement-Grive Bay Investment GroupSubmitted into the
„ccord for m(s} -
]i7 tat
CFN: 20170630435 BOOK 30749 PAGE 2037
DATE:11 f07/2017 04:22:46 PM
DEED DOC 0.60
SURTAX 0.45
ACCESS EASEMENT AND INDEMNIFICATIO g MEN.C1TERK OF COURT, MFA-DADE CTY
0017
TVs Access E se ent and Indemnification Agreement (the "Agreement"), is made as
of thus !' day of Sept, , by and among (i) THE CITY OF MIAMI, a municipal corporation
organized under the laws of the State of Florida (the "City"), (ii) GROVE BAY INVESTMENT
GROUP, LLC ("Grove Bay") and (iii) GROVE HARBOUR MARINA AND CARIBBEAN
MARKETPLACE, LLC ("Grove Harbour" and, collectively, with Grove Bay, the "Licensee").
bile
— City Clerk
RECITALS
A. The City is the owner in fee simple of the reef property located along the Coconut
Grove waterfront at Dinner Key (the "City Tract").
B. The City and Grove Harbour entered into that certain Lease Agreement, dated
March 12, 1999 (the "Grove Harbour Lease"), and with respect to that portion of the City Tract
described therein (the "Grove Harbour Property").
C. The City and Grove Bay entered into that certain Lease Agreement, effective as of
October 24, 2013 (the "Grove Bay Lease"), with respect to that portion of the City Tract described
therein (the "Grove Bay Property").
D. The City entered into the Lease Agreement with Grove Bay pursuant to that certain
Request for Proposal No. 12-13-001 - Lease of City -Owned Waterfront Property for
Marina/Restaurant Uses (the "RFP"), which contemplated, among others things, that "the
successful Proposer will share the use of Charthouse Drive with [Grove Harbour)" and further
contemplated modifications to the roadway and the entering into of an "Access Easement"
specifying the maintenance obligations of each of the entities with respect to Charthouse Drive
(Charthouse Drive consists of the area identified on attached Exhibit A).
E. Grove Bay has proposed making certain improvements to Charthouse Drive, which
includes a change to the alignment of Charthouse Drive, to conform to the plans submitted by
Grove Bay to the City and the parties desire to memorialize the agreement reached with respect
to such improvements and the use and maintenance of Charthouse Drive.
F. The City will derive substantial benefits from the development and operation of the
improvements contemplated by the Grove Bay Lease and, based on the terms and conditions set
forth in this Agreement, the City has agreed to grant such easement, all as more particularly
described herein.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable
considerations, the receipt and sufficiency of which are hereby acknowledged by both parties, the
parties hereby agree and covenant, for themselves, their heirs, successors and assigns, as
follows:
AGREEMENT
1. Recitals. The above recitals are true and correct and are hereby incorporated into
this Agreement by reference.
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City Clerk
GFN: 20170630435 BOOK 30749 PAGE 2038
2. Charthouse Drive Improvements. Grove Harbour has reviewed the plans and
specifications for the improvement and re -alignment of Charthouse Drive as proposed by Grove
Bay. A copy of the plans and specifications are attached hereto as Exhibit B (the "Charthouse
Drive Plans"). By its execution hereof, Grove Harbour approves the Charthouse Drive Plans, as
such may be modified to comply with the requirements, permits and approvals of appropriate
governmental or quasi -governmental authorities including, without limitation, the City.
3. Cost of Construction; Construction Approvals.
(a) Grove Bay will design and construct the improvements, landscaping and ail related
infrastructure improvements set forth in the Charthouse Drive Plans, including, but not limited to,
all drainage, lighting, pavement, curb, gutter and sidewalks. Grove Bay hereby agrees to pay, at
its sole cost and expense, for the construction of such improvements, including any design,
construction or construction related such as cost estimation and construction management, and
professional fees, contemplated by the Charthouse Drive Plans. Construction shall comply with all
applicable laws, codes, regulations, permit approvals, the Miami -Dade County Works Manual, as
applicable, and similar consents which it shall be the responsibility of Grove Bay to secure in a
timely manner.
(b) Prior to commencing the construction of the improvements contemplated by the
Charthouse Drive Plans, Grove Bay shall prepare construction plans and specifications for such
roadway work (the "Plans and Specifications"), which Plans and Specifications (if consistent with
the Charthouse Drive Plans) will be deemed approved by the City Manager (subject to compliance
with the requirements of Section 6.6 of the Grove Bay Lease and applicable laws and regulations
). Grove Bay and/or Grove Harbour, at their sole cost and expense, may at any time, with the City
Manager's prior written approval, relocate or remove any improvements included within the
Charthouse Drive Plans, provided that such relocation does not unreasonably interfere with the
use or the future use of Charthouse Drive as contemplated by the Charthouse Drive Plans.
(c) The City hereby acknowledges and agrees that, during any construction, repair or
maintenance of Charthouse Drive and during the operating hours of the marinas located within the
Grove Harbour Property and the Grove Bay Property, access by the public to Charthouse Drive
(as re -aligned pursuant to the Charthouse Drive Plans) may be partially or completely closed to
permit for the safe conduct of such work or the safe operation of such marinas; provided, however
that access for police, fire and other public safety vehicles may not be impeded.
4. Maintenance of ]mprovements.
(a) Grove Bay hereby agrees to undertake the maintenance and repair of Charthouse
Drive in keeping with a first class marina development, which maintenance shall include, without
limitation, the following: (I) ensuring that the surfaces of Charthouse Drive remain in a level, smooth
and evenly paved condition with the type of surface material originally installed or such substitute
as shall, in all respects, be substantially equal in quality, use and durability; (ii) regularly schedule
removal of all papers, mud and sand, debris, filth and refuse and thoroughly sweeping Charthouse
Drive to keep the roadway area fit for its intended use; (iii) repairing and replacing any required
directional signs and markers; and (iv) maintaining all landscaping located within the boundaries
of Charthouse Drive (the "Maintenance Obligation"). All work performed by or on behalf of Grove
Bay shall be conducted in a lien -free manner. Grove Bay will not allow any property owned by the
City to be liened or encumbered and will use diligent efforts to keep such property free of such
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liens and encumbrances. if any lien or encumbrance attaches, Grove Bay will promptly take all
steps provided by law to contest, pay or discharge such lien or encumbrance.
(b) Grove Bay and Grove Harbour shall each be responsible for one-half (1/2) of the
cost of the Maintenance Obligation. Grove Bay shall separately account for all expenses related
to the Maintenance Obligation and shall from time -to -time send to Grove Harbour a written invoice
for its portion of the Maintenance Obligation, which payment shall be due and payable within thirty
(30) days of receipt thereof by Grove Harbour. If either Grove Bay or Grove Harbour ceases to be
in business, the surviving entity will assume the entire cost.
(d) The City will, upon written request, reasonably assist in recouping any costs
incurred by Grove Bay and Grove Harbour in connection with any damage to Charthouse Drive
caused by the negligence or willful misconduct of third parties, provided, however, that the City
shall not be required to initiate any legal proceedings or incur any costs associated with same.
5. Easements to Grove Bay and Grove Harbour. Subject to the conditions and limitations
hereinafter contained, the City does hereby grant a non — exclusive easement to Grove Harbour
and Grove Bay over, above and under Charthouse Drive, whereby Grove Harbour and Grove Bay,
and all persons or entities who are or become tenants, licensees, assignees, successors -in -
interest, or invitees thereof, have the non —exclusive right to use such portions of Charthouse Drive
as depicted an the Charthouse Plans as being designated for use as, or actually used for, the
parking of vehicles, roadways, access ways, driveways, sidewalks or walkways, at such time as
it is developed or redeveloped (the ."Easement Area"), In addition to the foregoing, the City grants
to Grove Bay (and its designees, assignees and successors in interest) the exclusive right to
occupy and use, including for the erection of structures, within such portions of Charthouse Drive
not otherwise included within the Easement Area (which right shall extend for the term of the Grove
Bay Lease, as may be extended pursuant thereto) and as depicted in the Charthouse Drive Plans.
6. Term. This Agreement shall continue to be in full force and effect through the term of the
Grove Bay Lease (as such term may be extended pursuant to the terms thereof).
7. Covenants of Further Assurances. From time to time, at the request of any of the parties
hereto, such party may request that the other parties execute and deliver any and all other
instruments that may be required by law to effectuate the terms and conditions of this Agreement,
including, but not limited to, any permit application necessary in furtherance of the approvals
required to construct the improvements contemplated by the Charthouse Drive Plans. This Section
shall not be interpreted or construed to obligate the City to issue, consent to or approve such
instruments as are not in accordance with all applicable laws, codes and regulations. Any such
instruments must be in a form acceptable to the City.
8. Covenants Running with the Land. The non-exclusive easements hereby granted, the
restrictions hereby imposed, and the agreements herein contained shall be non-exclusive
easements, restrictions and covenants running with the land for the term of the Grove Bay Lease
(including any option periods which are exercised) and shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns, including, but without
limitation, all subsequent owners of the City Tract and successors -in -interest to the Grove Harbour
Lease and the Grove Bay Lease, and all persons claiming under them.
9. No Third Parties Beneficiaries. , Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement on any persons
Submitted into the public
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other than the parties hereto and their respective successors and permitted assigns. The
maintenance obligations set forth in Section 4 of this Agreement are not intended to create any
duty as between Grove Bay or Grove Harbour and any invitee onto Charthouse Drive, such
obligations set forth therein are only intended to describe the obligations as between Grove
Harbour and Grove Bay.
10. Indemnification. The Licensee, severally, and jointly, shall indemnify, protect, defend,
release, and hold City, the Miami Parking Authority ("MPA") their respective officers, officials,
employees, agents, representatives, and servants (collectively, the "Indemnitees") harmless from
and against all claims, damages, causes of actions, actions liabilities, and losses (collectively "the
Claims"), whether the Claims arise in contract or in tort or arise out of failure to comply with any
applicable law, regulation, code or rule, or to follow any standard of care or duty of care in the
construction or maintenance of the improvements or of their use by the Licensee or its employees,
agents, servants , representatives , licensees or invitees or arising out of, under, or in
connection with this Agreement including but not limited to reasonable attorneys' fees and court
costs, incurred by any and all of the Indemnitees in relation to Licensee's construction of the
improvements related to Charthouse Drive (the "Work") and incurred to or to anyone on
Charthouse Drive as a result of negligent actions or omissions taken by the Licensee, any of its
agents, employees, representatives, contractors, sub -contractors, or consultants performing the
Work or any other activities on Licensee's behalf in furtherance thereof and will further defend the
City and MPA, its officials and/or employees against, any civil actions, administrative, regulatory,
statutory or similar claims, and for injuries, liabilities, or damages arising or resulting from the
permitted work. Licensee hereby voluntarily and knowingly waives any and all claims against the
Indemnitees for personal injuries or property damages sustained by the Licensee, its agents,
employees, representatives, contractors, sub -contractors or consultants arising out of or related to
the activities undertaken by the Licensee, its agents, employees, representatives, contractors,
sub -contractors, or consultants upon Charthouse Drive or in connection with the Work and
releases the Indemnities from any and all claims and liabilities in connection therewith, except such
claims that arise as a result of the Indemnitees own negligence, gross negligence or intentional
misconduct. This indemnity provision shall commence on the Effective Date and shall survive the
termination of this Agreement.
11. Risk of Loss. Licensee understands and agrees that the City shall not be liable for any loss,
injury, destruction or damage to any personal property or equipment brought into the Charthouse
Drive by Licensee or by anyone whomsoever, during the time that Charthouse Drive is under the
control of, or occupied by the Licensee. Ail personal property placed or moved in Charthouse
Drive shall be at the risk of Licensee or the owner thereof.
12. Insurance. The insurance policies obtained by Grove Bay pursuant to the Grove Bay Lease
shall specifically include within its coverage limits the property consisting of Charthouse Drive and
the failure to maintain such insurance shall constitute a material default of this Agreement. A copy
of the required Insurance shall be provided by the same means as set forth in the Lease. and are
attached as Exhibit C.
13. Miscellaneous Provisions.
A. CITY APPROVAL
Whenever an item herein is subject to approval by the City that does not require City Commission
approval, the City Manager shall be the sole judge of the worthiness and benefit of the item for
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which approval is sought and shall approve or disapprove such item at his/her sole discretion
(except as otherwise provided in this Agreement or as otherwise provided by law or regulation).
B. MODIFICATIONS, AMENDMENTS, EXTENSIONS, WAIVERS
Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement,
including but not limited to access to and any other uses of the Property, and the effective Term,
any Extended Term, and any extensions or renewals, shall only be valid when they have been
reduced to writing, duly authorized by the City Manager or by the City Commission (as applicable
in accordance with the City Code), executed by the City Manager, approved by the City Risk
Management Director and the City Attorney as to legal form and attested by the City Clerk on
behalf of the City, and executed by the authorized officers of Grove Bay and Grove Harbour on
behalf of Licensee.
C. NOTICES
All notices pursuant to this Agreement shall be in writing and sent by certified mail or delivered by
personal service to the addresses for each Party appearing on page one of this Agreement and
as indicated below, or as the same may be changed in writing from time to time.
Licensee to:
Grove Bay Investment Group, LLC
Address: 2640 S. Bayshore Drive, Suite 302
Miami, FL 33133
Attention:Otto Boudet-Murias
Grove Harbour Marina and Caribbean Marketplace, LLC
Address: 2640 S. Bayshore Drive Suite 2-305
Miami, FL 33133
Attention: Jay Leyva
City to:
City Manager, City of Miami
Miami Riverside Center
444 S.W. 2"d Avenue, 101" Floor
Miami, Florida 33130
And with copies to:
Director, Public Facilities Department
City of Miami, Miami Riverside Center
444 S.W. 2nd Avenue, 3rd Floor
Miami, Florida 33130
City Attorney
City of Miami, Miami Riverside Center
444 S.W. 2"d Avenue, 9th Floor
Miami, Florida 33130
Director, City of Miami Public Works Department
City of Miami Riverside Center
444 SW 2" Avenue, 81" Floor
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Submitted into the public
record or it m s)
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Miami, Florida . 33130
CFN: 20170630435 BOOK 30749 PAGE 2042
It is Licensee's responsibility to advise the City in writing of any changes in Licensee's contact
names, addresses and/or telephone numbers. Such notice shall be deemed given on the day on
which personally served, or if by certified mail, on the fifth day after being posted or the date of
actual receipt, whichever is earlier.
D. AUTONOMY
Both Parties agree that this Agreement recognizes the autonomy of, and stipulates or implies no
affiliation between, the contracting parties. It is expressly understood and intended that Licensee
is only receiving access to Charthouse Drive for the purposes specifically set forth in this
Agreement and that Licensee is not an agent or instrumentality of the City, and that Licensee's
agents, representatives, contractors, sub -contractors, consultants, and employees are not agents,
representatives, contractors, sub -contractors, consultants, or employees of the City.
E. HEADINGS, USE OF SINGULAR AND GENDER
Paragraph headings are for convenience only and are not intended to expand or restrict the scope
or substance of the provisions of this Agreement. Wherever used herein, the singular shall include
the plural and plural shall include the singular, and pronouns shaft be read as masculine, feminine
or neuter as the context requires.
F. GOVERNING LAW AND VENUE; ATTORNEY'S FEES
This Agreement shall be interpreted and construed in accordance with and governed by the laws
of the State of Florida without regard to its conflicts of laws provisions. Any controversies or legal
problems arising out of the terms of this Agreement and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of
the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. Each party shall bear their
own respective attorney's fees.
G. WAIVER OF JURY TRIAL
The parties hereby knowingly, irrevocably, voluntarily, and intentionally waive any right either may
have to a trial by jury in respect to any action, proceeding, claim, or counterclaim based on this
Agreement, or arising out of, under, or in connection with this Agreement, any renewal(s) hereof,
any amendment, extension, or modification of this Agreement, or any other agreement executed
between the parties in connection with this Agreement, or any other course of conduct, course of
dealing, statements (whether verbal or written), or any other actions of any party hereto. This
waiver is a material inducement for the City and the Licensee to enter into this Agreement.
H. CITY NOT LIABLE FOR DELAYS
Licensee hereby understands and agrees that in no event shall the City be liable for, or
responsible to Licensee or any of Licensee's employees, representatives, contractors, sub-
contractors, consultants, or agents, or to any other person, firm, or entity for or on account of,
any stoppages or delay(s) in Work herein provided for, or any damages whatsoever related
thereto, because of any injunction or other legal or equitable proceedings or on account of any
delay(s) for any cause over which the City has no control.
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I. INTERRUPTION IN SERVICE
CFN: 20170630435 BOOK 30749 PAGE 2043
Either party shall be excused from any delay or failure in performance hereunder caused by reason
of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts
of God, acts of war, fire, insurrection, labor disputed, riots earthquakes, or other acts or nature.
The obligations and rights so excused shall be extended on a day-to-day basis for the time period
equal to the period of such excusable interruption. In the event the interruption of a party's
performance continues fora period in excess of thirty (30) days, the other party shall have the right
to terminate this Agreement upon ten (10) days' prior written notice to the other party.
J. SEVERABILITY
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or
future laws effective during the term hereof, such provision shall be fully severable. This
Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision
had never been a part of the Agreement, and the remaining provisions shall remain in full force
and effect unaffected by such severance, provided that the severed provision(s) are not material
to the overall purpose and operation of this Agreement.
K. ASSIGNMENT
This Agreement is personal to the Licensee and may not be transferred, pledged, encumbered,
sold or conveyed, in whole or in part by Licensee (except in conjunction with the assignment of the
Grove Bay Lease or Grove Harbour Lease, or to a wholly owned subsidiary or affiliate of Licensee
provided such Assignee signs an Assumption/Assignment Agreement in a form acceptable to the
City)which Assignment/ Assumption Agreement shall require the approval of the City Commission
and of the City Attorney as to legal form .
L. PAYMENT AND PERFORMANCE BOND
Grove Bay hereby agrees to include the Work and the cost of construction of the improvements in
the calculation of the amount of the payment and performance bonds contemplated in Section 6.2
of the Grove Bay Lease. Payment and Performance Bonds(s) shall be in the form required by
255.05, Fla. Stat. , shall name the City as a co -obligee or additional obligee and must be subject
to the approval of , and maintained at all times on file with, the City of Miami Risk Manager.
M. MERGER
This Agreement constitutes the sole and entire agreement between the parties related to the
subject matter contained herein. No modification or amendment hereto shall be valid unless in
writing and executed by properly authorized representatives of the parties hereto.
N. NO CONFLICT OF INTEREST.
Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of
interest, Licensee hereby certifies to City that no individual equity holder of Licensee, no employee,
and no subcontractor under this Agreement nor any immediate family member of any of the same
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tin_\ City Glee GFN: 20170630435 BOOK 30749 PAGE 2044
is also a member of any board, commission, or agency of the City. Licensee hereby represents
and warrants to the City that throughout the terra of this Agreement, Licensee, its employees and
its subcontractors will abide by this prohibition of the City Code.
[INTENTIONALLY LEFT BLANK]
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reco for ites)
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L. City Clerk
CFN: 20170630435 BOOK 30749 PAGE 2045
IN WITNESS WHEREOF, the City and Licensee have caused this Access and
Indemnification Agreement to be executed as of the date Effective Date set forth above.
WIT SES
P dui'-.i e:
WITNESSES:
Print Name:
Print Name:
GROVE BAY INVESTMENT GROUP, LLC,
a Florida limited liability company
Name:
Its: sy%lr
GROVE HARBOUR MARINA AND
CARIBBEAN MARKETPLACE, a Florida
limited liability company
By:
Name:
Its:
ATTEST:
CITY OF MIAMI, a municipal corporation of the State of Florida.
Todd B.
City Jerk
Date: 5'
APPROVED A
REQUIREM
By:
r
Mare harpe, Director
anag:ment
APPROVED AS TO LEGAL FORM
AND OQRRECTN ESS:
Victor'. Mendez
City Attorney
417-N r
Submitted into the publi
record for item(s)
on City Clerk
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
CFN: 20170630435 BOOK 30749 PAGE 2046
The foregoing instrument was acknowle g d before me this f day of
2015, by E6../a/Vor arcs' Ll.
In
LESLIEFERNANDEZ
. MY C0 IMFSSICH 3 FF 014977
EXPIRES; duly 4, 2017
RuadedThraWary PublicUnder Iers
My commission expires:
#033782980 v4
the
he County of Miami, a political sub ` 4sion of the
political subdivision. has produced
as identification.
Notary Public -State of Florida
Commission Number:
10
Submitted into the pu
record or ites)
on
lc
y
City Clerk
CFN: 20170630435 BOOK 30749 PAGE 2047
IN WITNESS WHEREOF, the City and Licensee have caused this Access and
Indemnification Agreement to be executed as of the date Effective Date set forth above.
WITNESSES:
Print Name:
Print Name:
WITNESSES:
Ocui
llc
GROVE BAY INVESTMENT GROUP, LLC,
a Florida limited liability company
By:
Name:
Its:
GROVE HARBOUR MARINA AND
CARIBBEAN MARKETPLACE, a Florida
limited liability company
By:
179;2",
Name: /26.441v L. k
Its: '''+wvrv,
A l`T ST:
CITY F-MIIAAMI, a municipal corporation of the State of Florida.
By:
Date:
Todd B. Hannon
City Clerk
APPROVED AS TS NSURANCE
REQUIREMEN
Bv:
Anne -Marie Sharpe, Director
Risk Management
By:
Daniel J. Alfonso
City Manager
APPR,OVED AS TO LEGAL FORM
ANDCORRECTNESS:
Victoria Mon ei tz
City Attorney
Submitted into the pub
record for ite (s)
on 0-1 CO\ a
State of Florida
County of Miami -Dade
)
) SS:
.
City Clerk
CFN: 20170630435 BOOK 30749 PAGE 2048
„'he foregoing instrumentas ckn wle ged be ore me this 5-day of August, 2017 by
two --� 1 �Y1as f of GROVE HARBOUR MARINA
AND CARIBBEAN MARKETPLACE, LLC who is personally known to me or has produced a
as identification.
[Notary Seal]
Notary Public, State of Florida
My Commission Expires:
ELSA M. SALCEOO
S�Rv� 's Notary Public - State of Florida
•-r Commission At FF900354
s F My Comm. Expires Jul 22, 2020
=.9;��,t, Bonded tArouph National Notary Assn.
Submitted into the public
rec rd or its(s)
on ___0-1
CFN: 20170630435 BOOK 30749 PAGE 2049
EXHIBIT A
CHARTHOUSE DRIVE LEGAL DESCRIPTION
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A portion of Tract A of Dinner Key, according to the plat *mot as recorded in plat book 34. at page 2, of the Pidhc Records of irked Rafe Co
Florida and a portion of Section, 22. Township 54 SouHr, Runge 41 Fast, I n -Dude County, Flora. more partiwbriy described as frUowa;
nty.
commence at the intersection of the City Monument Linea of SW, 27th Avenue with South Bay Share Drive oar shown on s,od plat of Drier Key, Two
dcng the Monument Line of saki South Bay Shorn Drive for the falawklg deecrbed two (2) courses 1) Thence North 36'17'22' East for 1131.51 feet; 2)
Thence North 51'3 01" East, for 33,47 feet; Thence South 7846'59" East, departing the pre4oueiy deserted line, for 98,0E feet; Thence South
51'31'01" West for 8.28 feet; Thence South 125501' West for 17.90 feet; Thence North 76'28'34' West far 5,25 feat to a point of interrectkxn with u
line pordel with and 22,22 feet souttea'terly of as measured at right angles, the swrtheastely t of -way line of South Day Shore Drive; Thence
sour 36139'01' West, along the preHausly desated line. tot 245,49 feet to a port of intersection with the northerly right-of-way Nee of Chat House
Drive an shown on the Sketch of Survey dated January 14, 1985 referred fie No. ham. 81-139 rev aid prepared by 5chwebke de Selekin and Associates
and as shown on that Specific Purpose Survey at Denver Engineering; er Key Mine. prepared by Biecogne Engineer; Thence along odd ire. foe the fdlowrg
denoted eight (8) courses; 1) Thence South 32'05'13" East for 257.20 feet to the Point of Beginning of the ?rererafter deadted parcel; 2) hence
South 76'46'59 East for 78-00 feet 3) Thence North 70'41'46' Eaat for 46.90 feet; 4) Thence South 76'46'59" East for 215.50 feat; 5) Thence South
8414'40" East for 60.50 feet 6) Thence South 76'46'59' Eaet for 93.00 feet; 7) Thence Sark 31'04'07" East rot 70.18 feet 8) Thence South
76'03'08' East far 17,58 feet; Thence South 39'04'26" Wert departing the previously rescued line, for 12,87 feet to a point on the nor hely edge of
pavement of Mart House Drive said pclnt being on a circular curve concave to the Northeast and Bold port bears South 4504'04' Went from the
center of said curve; Thence along the Northerly edge of pavement of add Chart House Polvc for the following deacrthed three (3) eaxe= 1) Thence
Southeasterly along the arc of aged curve to the INN, having a radian of 273,78 feet sad is central male of 04'52'28" for a distance of 23.2E feet to
a point; 2) Thence South 29i3'50' West for 21.82 feet to a point on a circular curve cotcove to the Northeast and add poirt bears South 35'44'40"
west train the center of add curve; 3) Thence Northwesterly along the arc of said curve to the Right, loving d radius of 348,97 feet and a canted
angle of 04'24'23" for a distance of 26.04 feet to q point Thence South 12`55'28' West for 13.78 feet to i port of krtereeclion with an eadattng back
of sidewalk; Thence along the previously deaabed back of sidewalk for the following deeabed twenty one (21) courses; 1) Thermo North 47'44'58" West
for 12.22 feet to a port of currahlre of a ctcald chive emoave 49 the Northeast 2) Thence Northwesterly, dung the are of said curve to the right,
having a radium of 98.00 feet and a central angle of 18'31'40" for a dlstmo@ of 28.27 feet to the port of tangency; 3) Thence North 3113'18" Heat
for 14.40 -feet to a port of daystars of 1 crcula curve concave to the Scuthweet 4) Thence Northwesterly. along the arc of said curve to the Taft,
having a rattle of 100.00 feet end a central anglo of 11'35'35' for a distance of 20.32 feet to the point of tangency; 5) Thence North 42'61'53' West
for 5.10 feet to o point of cavgture of a ckcule curve concave to the Southwest; 6) Thence continue Nortbweatedyt dung the ao of said carve to
the left. having d radus of 33,0D feet end a central angle of 33'27'08' for a distance of 19,27 feet to the point at tangency; 7) Thence Noah
7619'01' West for 64.42 feet; 8) Thence South 13'57'58' West for 1.47 foal; 9) Thence North 75'S0'20" West for 25.93 feet; 10) Thence North
45'02'51' West for 18,31 feet to a port of corvettre of il dredge curve concave to re Southwest; 1t) Thence Northwesterly, airy the arc of nail
carve to the left, having a mime of 64.79 feet and a antral angle of 11'21'21' to a distance of 12.84 feet to the point of tangency; T2) Thence
North 56'24'12' West ter 5.41 feet to o point of curvature of a grouter carve concave to re Northeast; 13) Thence Northwesterly, along the us of
saki curve to Hue right, having q radtua of 23.50 feet and q central angle of 30'58'S9" for a dstance of 12.71 feet to the point of tangency, 14)
Thence North 25.25'13" west fat B.9B feet to a point of curvature of a credo curve concave to the South; 15) Thence Northwesterly, along the arc
of said curve to the deft, having a radio of 3,00 feet and a central ogle of 51'39'10" for a oletance of 2.70 feet to the point of tangency, 16)
Thence North 77'04'23' West for 125.87 feet to g print of cur atere of a clrcutri carve concave to the South; 17) Thence Nerthweetady, Westerly and
Southwesterly along the arc of said curve to the left. having a oadkla of 10.15 feet did a central angle of 1428'49" for ei drstmce of 256 feet to the
poirt of tangency, 18) Thence South 88'28'48' West for 17.55 feet 19) Ticino North 7652'13' West for 28,42 feet; 20) Thence Soar 76'07'58" We et
for 40.18 feet to a point of curvante of a circular curvy concave to the Northwest; 21) Thence Southwesterly, along the arc of sold curve to the right
having o radius of 43,33 feet and a central angle of 13'43'53" for a dle4ance of 10,38 feet Thence Smith 12'86'52 West tar 2,79 feet to a port on
a cruder clove concave to the Northeast and add point bean South 06'58'57' west from the center of maid curve; Thence NMyswesteriy. along the
two of said curve to the right, having a radius of 29.25 feet and a centred angle of 18'37'02" for a bermes of 8.48 Met to a port; Thence North
77'37'14" West for 58.87 Met to a paint of intersection with ern existing back of Ndewdk; Thence done the prevloueiy deecrWed back of sidewalk fe
the fallowing deacrted two (2) courses.; 1) Thence North 61'15'17" Wert for 6.47 feet to a point of crrvahre of a cfraer curve concave to the
Northeast; 2) Thence Natttnweeterly, along the are of said curve to Hue right. having a radios of 72.00 feet and a control soak of 1538'34" for a
&armee of 19.6E feet: Tierce Nalfi 12.25Y7' Vet.! One 1AAR Me► ON, 14,,. o.,s,• ..• °.gaming.
Containing 22.828 sq, ft, or 0.52 acre' more or less.
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#33782980_v4
Submitted into the p bli
record or it (s)
on . City Clerk
CFN: 20170630435 BOOK 30749 PAGE 2050
EXHIBIT B
CHARTHOUSE DRIVE PLANS
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recur for i m(s) J
i41
CFN: 20170630435 BOOK 30749 PAGE 2051
CFN: 20170630435 BOOK 30749 PAGE 2051
rk
6. j
. Po
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N33782980_v4
Submitted into the publi
record or it (s)
on
CFN: 20170630435 BOOK 30749 PAGE 2052
EXHIBIT C
INSURANCE REQUIREMENTS
The following constitute the insurance requirements as set forth in Exhibit "J" of the Grove Bay
Lease:
Lessee. at its stale cost. shall obtain and maintain in fill force and effect at all times throughout the period
ofthis Lease, the following insurance coverage:
I. Commercial General Liability
I _uriits of Liability
Bodil 1 Injury and Property Damage Liability
]:ach Occurrence
S 1.0nu,000
Genera/ Aggxegate 1.lnttt
Products and Completed Operations
Personal and Advertising Injury
Damage to rented premises
Endorsements Required
52.oao.0i10
S l .tlnn,nnti
51.nntl.0n0
$1 tl0.ti061
City or Miami listed as an Additional Insured
Additional insured endorsement required
Contingent Liability St Cnnu'ncrual Liability
Premises/Operations Liability
11, Business Automobile Liability
Limits of l.tandnty
Bodily 1niury anti Property Damage Liability
Combined Single I.irnit
Any Auto OwnediScheduied
Including [tired. Benn;Wed or )on -Owned raids
Any t)ne Accident S500.000
Endorsements Required.
City of Miami listed as an Achlitional !muted
Worker's Compensation
Limits of i.tahrlity
Statutory -Slate of Fliartdn
Waiver of •ubrngaticni
IV. Etnpluyer'i Liability
Limits of Liability
Bodily injury caused by an accident, each accident
Bodily injury cuiucd by disease. each enipinyee
l)odily injury caused by disease. policy limit
V. Liquor Liability
A Limits of Liability
Each Occurrence
S 1,000.0O0
VI. Excess Liability/Umbrella Palley
A. Limits of Liability
Bodily !awry and Property Damage I.i.ibtltty
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550n.0011
S5(10.000
#33782980_v4
Submitted into the p 1
record for ite>�n�s}
011
Each Occurrence
S3.000.000
Aggregate
City Clerk
CFN: 20170630435 BOOK 30749 PAGE 2053
S1,0U0,U01)
City of Miami listed us an additional insured Umbrella should include liquor liability
VII. Marine Operators Legal Liability
A. Limits of Liability
Each Occurrence
S I ,000,000
VIII. "All Risk"
Cituscs of Loss: special lariat coverage, including theft, windstorm and flood cov nlgc, and
equipment breakdown coverage.
Valuation: l00%i replitcenleilt coat on building and Lessee's business personal property,
including iniprovemeuts, all its equipment, fixtures and furniture The Lessee must furnish a
Certificate of Insurance fur afthrdin8 coverage for the building or prernises Business Income
and Extra Expense should be included preferably issued on an Actual Loss Suctamed Basis
The City's Department of Risk Management, reserves the right to reasonably amend the insurance
requirements by the issuance of a notice in writing to Lessee. The Lessee shall provide any other
insurance or security reasonably required by the City.
t1oe policy or policies of insurance required shall provide for notice of (Attleellurinr' or material changes In
accordance to policy provisions. Said notice should be delivered to the City of Miami. Department of Risk
Manaptemeut, 441 SW 2 Avenue, 9'1' Floor, Miami, Florida 33130, with copy to City of Minim'''. Department
of Public Facilities, 444 SW 2 Avenue. 314 Flour, Miami, Florida 31110, or such other address that inay he
tkesignaied from tope to dole
A current evidence and policy of insurance evidenciiy the aforesaid required Insurance euvciuge shall be
supplied to fh:partancrtn of T'tlhlir i'acilitic's ul the City at the curdle cement ut' 1h1ti l ease nod a new
evidelice and policy shall be supplied of lcust twenty t2t}) days prior to the explrutiun ofcach such policy
Insurance polme'required above shall hu issued by companies authonzed to do business under the laws ol-
die Slnte. with the following qualifientiuns its to HAIM l$crnent and financial strength- the company or
companies should be rated "A-" us io management, and nu less than class "V" ns to financial strength, in
accordnace with the latest edition of 13est's Key Rating Guide, or the company or companies holds a valid
Florida Certificate of Authority Issued by the State of Florida. Department of Insurance, mid is a member of
the Florrde Guarantee Fund. Receipt of atiy dootinaenlatbon of insurance by the City or by any of its
representatives, which Indicates less coverage the required. does tint coilstiuite a waivct of Lessee's
oblilantioll to fulfill the insurance requirements herein.
In the event Lessee she 1 tail to procure and piste such insurance, the City may, but shall not be obligated
to. procure and place mine, in wliich event the amount of the premium paid shall he paid by Lessee to the
City as an addit1Unni fee upon demand ;and shell in each instance he collectible on the brit :lay of the Manta
or any subsequent month following the dab: of payment by the; Loy. [.eskers failure to liroeure insurance
shall in no waive tele.lse Lesser Irian has obligations and re.ptln0ibitiries as. provided herein
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