HomeMy WebLinkAboutExhibit AThis instrument prepared by and
after recording return to:
Nicholas J. Barshel, Esq.
Akerman LLP
98 Southeast Seventh Street
Miami, FL 33131
(Reserved for Clerk of Court)
PERPETUAL SIDEWALK EASEMENT
This PERPETUAL SIDEWALK EASEMENT ("Easement") is made and entered into this
day of , 2022 by BRICKELL CITY CENTRE PROJECT,
LLC, a Florida limited liability company, as Trustee under that certain Land Trust Agreement
dated July 10, 2012 and known as Land Trust No. BCC-2012, whose address is c/o Swire
Properties, 98 SE 7th Street, Suite 500, Miami, FL 33131 ("Grantor"), in favor of the CITY OF
MIAMI, a Florida municipal corporation, whose address is c/o City of Miami, 3500 Pan American
Drive Miami, Florida 33133 ("City" or "Grantee").
WITNESSETH:
WHEREAS, Grantor is the fee simple owner of that certain real property located in the
City of Miami, Miami -Dade County, Florida, which is more particularly described in the attached
Exhibit A ("Property"); and
WHEREAS, on March 28, 2013, pursuant to Ordinance No. 13369 the City Commission
approved an amendment to the Brickell City Centre Special Area Plan ("SAP") to include the
Property, and pursuant to Ordinance No. 13370 the City Commission approved an Amended and
Restated Development Agreement for Brickell City Centre to encompass the Property, which was
recorded on April 7, 2014 at Official Records Book 29098, Page 3241 of the Public Records of
Miami -Dade County, Florida; and
WHEREAS, pursuant to the SAP, Grantor is developing a mixed -use project on the
Property known as "BCCN2," which is one of several blocks in an integrated, mixed -use,
pedestrian/transit oriented, urban development known as Brickell City Centre ("Project"); and
WHEREAS, the approved design of the Project under the SAP includes certain non-
standard sidewalk improvements at ground -level (including but not limited to hardscaping,
landscaping, and lighting features) that are both within the eastern boundary of the Property and
extending onto the adjacent public right-of-way used for the Miami -Dade County Metromover
transit system ("Metromover Right -of -Way"), where said improvements are intended to create an
enhanced pedestrian passage experience under the elevated Metromover train tracks known as the
"Metromover Greenway" (collectively, the "Improvements"); and
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WHEREAS, the Improvements to the Metromover Greenway are one of the Grantor's
stated public benefits to be constructed within the Project under the terms of the SAP; and
WHEREAS, pursuant to Section 54-58(b) of the City's Code of Ordinances, Grantor
requested a waiver of the 25-foot corner radius dedications on the Property abutting the City Right -
of -Way, and the City's Director of the Department of Resilience and Public Works has approved
the waiver request; and
WHEREAS, to ensure that ground -level pedestrian access is provided on the northeast and
southeast corners of the Property when the Project is developed, Grantor has agreed to grant a non-
exclusive perpetual easement to Grantee with respect to the Easement Area (as defined below) for
the purpose of providing pedestrian access to portions of the public sidewalk Improvements that
are being constructed on the Property adjacent to the City Right -of -Way, on the terms and
conditions set forth herein; and
WHEREAS, pursuant to the SAP, Grantor has applied for a building permit to construct a
temporary fire station at the Property under process number BD19019351001 ("Temporary Fire
Station").
NOW THEREFORE, Grantor, for and in consideration of the sum of One Dollar and other
valuable considerations paid, the receipt and sufficiency of which are hereby acknowledged,
hereby grants unto Grantee, its successors and assigns, a non-exclusive perpetual easement for the
benefit of the Grantee and of the general public, in, upon, and through the land in Miami -Dade
County, Florida, more particularly described in Exhibit B attached hereto and made part hereof
("Easement Area"), for the express purposes of non -vehicular public access and use as a ground -
level sidewalk, including but not limited to sidewalks, curbs, ramps, and all other sidewalk
features.
It is understood and agreed that, in conjunction with Grantor's development of the Project,
Grantor shall construct on and improve the Easement Area with a ground -level public sidewalk
and/or walkway and curb in accordance with the design approved by the City as part of the
Improvements. The Temporary Fire Station to be constructed on the Property shall also include a
public sidewalk within the Easement Area. Grantor's maintenance obligations in the Easement
Area shall include, but are not to be limited to, all maintenance and repair of all public sidewalk
features and/or Improvements constructed under a duly issued permit from the City, and ensuring
that the same are maintained in a safe and well -kept manner, so as not to pose a safety hazard to
the public and to be aesthetically pleasing in this highly visible location.
Grantor shall maintain the right to construct and install features and Improvements within
the Easement Area; provided, however, that a "Clear Pedestrian Path" shall at all times be
maintained within the Easement Area, except as otherwise expressly provided herein. For purposes
of this instrument, the term "Clear Pedestrian Path" shall mean and refer to an American
Disabilities Act (ADA) compliant continuous, unobstructed way of pedestrian passage extending
horizontally five (5) feet in width. The total sidewalk width shall be a minimum of 6.5 feet wide.
No improvements, features, obstructions or encroachments of any kind shall be permitted within
the Clear Pedestrian Path, except for (i) protrusions and other improvements required by law (such
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as life safety apparatus), (ii) temporary obstructions for such periods of time as may be reasonably
required for construction, repairs, and maintenance to the Project, the Easement Area, or the public
sidewalk improvements located therein, or (iii) temporary closures under public emergency
circumstances.
Grantor, its successors and/or assigns, do hereby indemnify, defend and hold harmless, at
Grantor's sole cost and expense, Grantee, its officials and employees, from and against any and all
claims, actions, proceedings, damages, losses, liabilities, costs and expenses (including, without
limitation, reasonable attorneys' fees and costs of suit incurred in connection with such claims),
arising out of, or resulting from, the injury to or the death of any person, or damage or loss to the
property of any person, caused by the negligent or wrongful act or omission of Grantor, its
authorized agents or employees, in performing (or failing to perform) its maintenance obligations
with respect to the Easement Area as required herein, and/or by the failure of Grantee to comply
with all applicable laws, rules, codes and regulations relative to arising by virtue of the relocation
of a public sidewalk from the Metromover Right -of -Way onto the Property in certain locations,
including, without limitation, the Florida Building Code, the ADA, the City of Miami Resilience
and Public Works Engineering Standards, and the Miami -Dade County Public Works Manual.
Provided further that Grantor shall keep in full force and effect, at all times during the
exercise of this Easement, a commercial general liability policy of insurance of at least $1,000,000
per occurrence and $2,000,000 aggregate for bodily injury, including death, and property damage.
The certificate of insurance should afford coverage for premises and operations liability, products
and completed operations, personal and advertising injury liability, and any other endorsements
pertinent to the scope of work. The insurance should be primary and non-contributory.
The insurance and Easement shall be subject to the approval of the City's Risk Manager
and the City 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 term 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's Risk Manager. The City shall be listed as Additional Insured under the
policy. Proof of insurance shall be supplied to the satisfaction of the City prior to the issuance of
any permits. A Certificate of Insurance bearing the City as "Additional Insured" shall in no way
relieve Grantor of the obligation to add the City as "Additional Insured" to the actual insurance
policy. The insurance policy shall provide that the City 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 the City, with the receipt
of a certificate of insurance for such policy by the City 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 City
is not in possession of same by such date, then the City 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 Grantor, and the City shall have the
right to declare and establish said costs as a lien on the Property, enforced as any lien provided for
58429825;4
under the statutes of the State of Florida. Grantor agrees to increase from time to time, as required
by the City's Code, the limits of the comprehensive liability insurance policy required to be
provided pursuant to this Easement, upon written request by the City.
TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever, and
Grantor will defend the title to the lands within the Easement Area against all persons claiming by,
through or under Grantor. Grantor hereby reserves the right to use the Easement Area for Grantor's
own benefit and all other rights of ownership in and to the Easement Area, including without
limitation the right to grant further easements therein so long as the same are consistent with the
use and rights granted to Grantee hereunder; providing, however, that the benefits herein granted
to the general public shall not be interfered with or diminished except in some minor or incidental
manner when necessary, and those rights exercised by Grantor are not inconsistent with the use
and rights granted to Grantee hereunder. The Easement is expressly limited to the upper and lower
elevations set forth in Exhibit B, and shall not impair any rights of the Grantor outside of the
Easement Area, including the rights to develop the Project.
The Easement is to be governed by and construed under the laws of the State of Florida.
Any claims, actions or proceedings arising between the Grantor and Grantee under the Easement
shall be instituted and maintained in Miami -Dade County, Florida. Each party shall bear their own
attorney's fees. This Easement is subject to the review and acceptance of the City of Miami City
Commission.
This Easement may be executed in any number of counterparts, each of which shall be
deemed to be an original, and such counterparts shall together constitute but one and the same
Easement. The Parties shall be entitled to sign and transmit an electronic signature of this
Easement (Whether by facsimile, PDF, or other electronic transmission), which signature shall be
binding on the party whose name is contained therein.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name,
by its proper officers thereunto duly authorized, the day and year first above written.
Signed, sealed and delivered in the presence of:
GRANTOR:
FIRST WITNESS: Brickell City Centre Project LLC,
a Florida limited liability company, as
Sign: Trustee under Land Trust No. BCC-2012
Print
Name:
SECOND WITNESS:
Name:
Title:
Trustee executes this Covenant solely as
Sign: Trustee under Land Trust No. BCC-2012
and not individually, and no personal
Print recovery or judgment shall ever be sought
Name: or obtained against Trustee by reason
hereof.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of physical presence
or online notarization, this day of , 2022, by
as of Brickell City Centre Project LLC, a Florida limited liability
company, as Trustee of Land Trust No. BCC-2012, on behalf of said limited liability company.
He/She is personally known to me or has produced as identification
and who did (or did not) take an oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
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IN WITNESS WHEREOF, Grantee has caused these presents to be executed in its name,
by its proper officers thereunto duly authorized, the day and year first above written.
Signed, sealed and delivered in the presence of:
GRANTEE:
ATTEST: CITY OF MIAMI, a municipal corporation
of the State of Florida
Todd B. Hannon
City Clerk
Arthur Noriega, V.
City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO CONTENT:
CORRECTNESS:
Victoria Mendez
City Attorney
Juvenal Santana, P.E., CFM,
Director of Public Works
Department of Resilience and Public Works
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EXHIBIT A
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Property Address:
9 SE 6 ST
Folio Number:
01-0210-060-1300
Legal Description:
Lots 1 through 7, in Block 108 South, of S.L & J.B. PATTERSON AND J.F. AND B.T OLIVE
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book B, Page 77, of the Public
Records of Miami -Dade County, Florida, LESS AND EXCEPT that portion of the above described
parcel conveyed by Order of Taking recorded in Official Records Book 11810, Page 2274, of the
Public Records of Miami -Dade County, Florida.
Together with the following parcel:
A portion of Lots 1 and 2, Block 108S, S.L. & J.B. PATTERSON AND J.F. & B.T. OLIVE
SUBDIVISION, according to the plat thereof, as recorded in Plat Book B at Page 77, of the Public
Records of Miami -Dade County, Florida, being more particularly described as follows:
Commence at the Southeast corner of said Lot 2; thence S 87°47'31" W along the North right of
way line of S.E. 6th Street, also being the South line of said Block 108S for 19.62 feet; thence N
02°16'37" W for 0.19 feet to the Point of Beginning of the hereinafter described parcel of land;
thence S 87°42'25" W for 55.16 feet to a point of curvature; thence Northwesterly along a 25.41
foot radius curve leading to the right through a central angle of 56°34'51" for an arc distance of
25.09 feet to a non -tangent point; thence N 02° 16' 37" W along a line 4.00 feet East of and parallel
to the West line of said Block 108S for 17.48 feet to a point of cusp with a circular curve concave
to the Northeast and whose radius point bears N 87°43'23" E; thence Southeasterly along a 25.00
foot radius curve leading to the left through a central angle of 89°55'52" for an arc distance of
39.24 feet to a point of tangency; thence N 87°47'31" E for 51.41 feet; thence S 02°16'37" E for
3.81 feet to the Point of Beginning.
The above described parcel of land lying and being in Section 38, Township 54 South, Range 41
East.
58429825;4
EXHIBIT "B"
LEGAL DESCRIPTION: Sidewalk Easement
That portion of Lot 7, Block 108S, S.L. & J.B. PATTERSON AND J.F. & B.T. OLIVE SUBDIVISION, according to the plat
thereof, as recorded in Plat Book B at Page 77, of the Public Records of Miami —Dade County, Florida, being more
particularly described as follows:
The external area of a circular curve having a radius of 25 feet and tangents which are 25 feet South of and
parallel with the centerline of S.E. 5th Street and the West right of way line of S.E. 1st Avenue.
The above described perimetrical boundary being between +7.0 to +17.0 feet, relative to the National Geodetic
Vertical Datum of 1929.
AND
That portion of Lot 7, Block 108S, S.L. & J.B. PATTERSON AND J.F. & B.T. OLIVE SUBDIVISION, according to the plat
thereof, as recorded in Plat Book B at Page 77, of the Public Records of Miami —Dade County, Florida, being more
particularly described as follows:
The external area of a circular curve having a radius of 25 feet and tangents which are 25 feet North of and
parallel with the centerline of S.E. 6th Street and the West right of way line of S.E. 1st Avenue.
The above described perimetrical boundary being between +7.0 to +17.0 feet, relative to the National Geodetic
Vertical Datum of 1929.
All containing approximately 268 square feet.
SURVEYOR'S NOTES:
— This site lies in Section 38, Township 54 South, Range 41 East, Mrs. Hagan Donation, City of Miami,
Miami —Dade County, Florida.
— Bearings hereon are referred to an assumed value of N 02`12'21" W for the West right of way line of
S.E. 1st Avenue.
— Lands shown hereon were not abstracted for easements and/or rights —of —way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2017-217.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch and Legal Description" was made under my responsible charge on May 25, 2021,
and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida
Statutes.
"Not valid without the signature and the original raised seal or a digital signature of the Florida Licensed Surveyor and Mapper shown below"
FORTIN, LEAVY, SKILES, INC., LB3653
Digitally signed by Daniel C Fortin
DN: c=US, o=Unaffiliated,
ou=A01410D0000017402A2BF42
0004295B, cn=Daniel C Fortin
By• Date: 2021.10.14 08:16:50 -04'00'
Daniel C. Fortin Jr., For The Firm
Surveyor and Mapper, LS6435
State of Florida.
Drawn By
MAP
Cad. No.
111096
Ref. Dwg.
2008-114
Plotted:
5/25/21 1 1 :16a
LEGAL DESCRIPTION, NOTES & CERTIFICATION
FORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th Street / North Miami Beach, Florida 33162
Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com
7-
Date
5/25/21
Scale NOT TO SCALE
Job. No. 210342
Dwg. No. 1 021 —025
Sheet
1
of 3
S.E. 5TH STREET
I
S.L. & J.B. PATTERSON AND
J.F. & B.T. LIVE SUBDIVISION
PLAT OOK B PAGE 77
LOT 4
LOT 5
BLOCK 108S
EXHIBIT "B"
N ZONED 50'
(PUBLIC RIGHT OF WAY)
LOT 6
0
GRAPHIC SCALE
15 30
n 25.02'
NORTH LINE
OF LOT 7
ANGLE=90°00'07"
RADIUS=25.00'
LENGTH=39.2T
25.00'
SIDEWALK EASEMENT
0
1
ZONED
CENTERLINE OF
S.E. 5TH STREET
EAST LINE
OF LOT 7
LOT 7
Lri
WEST RIGHT OF WAY LINE
OF S.E. 1ST AVENUE
ANGLE=89°59'53"
RADIUS=25.00'
LENGTH=39.2T
SIDEWALK EASEMENT
SOUTH LINE
OF LOT 7
25.00'
25.00'
S.E. 6TH STREET
N
60
( IN FEET )
1 inch = 30 ft.
(PUBLIC RIGHT OF WAY)
O
0
0
O
0
cc
w
0
2
0
W
2
CENTERLINE OF
S.E. 6TH STREET
Drawn By
MAP
Cad. No.
111096
Ref. Dwg.
2008-114
Plotted:
5/25/21 1 1 :16a
SKETCH OF DESCRIPTION
FORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th Street / North Miami Beach, Florida 33162
Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com
7-
Date
5/25/21
Scale
1 "=30'
Job. No. 210342
Dwg. No. 1 021 —025
Sheet
2 of 3
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EXHIBIT "B"
0,, sue% c�>
TOP ELEVATION
+17.0 FEET (NGVD)
/
LOW ELEVATION
+7.0 FEET (NGVD)
/
40
TOP ELEVATION
+17.0 FEET (NGVD)
LOW ELEVATION
+7.0 FEET (NGVD)
Drawn By
MAP
Cad. No.
111096
Ref Dwg.
2008-114
Plotted:
5/25/21 1 1 :16a
SKETCH OF DESCRIPTION
FORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th Street / North Miami Beach, Florida 33162
Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com
7-
Date
5/25/21
Scale NOT TO SCALE
Job. No. 210342
Dwg. No. 1 021 -025
Sheet 3 of 3