Loading...
HomeMy WebLinkAboutExhibitPrepared by and when recorded return to: Ryan D. Bailine 333 SE 2nd Avenue Suite 4400 Miami, Florida 33133 EASEMENT AGREEMENT This EASEMENT AGREEMENT ("Easement Agreement") is made as of 2022, by and between CITY OF MIAMI, FLORIDA, whose address is 444 SW 2nd Ave, Miami, FL, 33130 ("Grantor"), and Culmer Apartments, Ltd., a Florida limited partnership, whose address is 161 NW 6th Street, Suite 1020, Miami, Florida 33136 ("Grantee"). WITNESSETH: WHEREAS, Grantor owns certain real property in Miami -Dade County, Florida legally described on Exhibit A attached hereto and incorporated herein (the "Burdened Property"); and WHEREAS, Grantee owns a subleasehold interest in certain real property adjacent to the Burdened Property legally described on Exhibit B attached hereto and incorporated herein (the "Benefitted Property"); and WHEREAS, a 50' underground utility easement over the Burdened Property for the benefit of, among others, the Benefitted Property, currently exists pursuant to Culmer Park Subdivision No. 1 recorded in Platbook 98, page 12 (the "Existing Easement"); WHEREAS, Grantee desires to obtain from Grantor, and Grantor has, subject to the terms of this Easement Agreement, agreed to grant to Grantee, (i) a temporary construction easement, (ii) a perpetual, non-exclusive utility easement, and (iii) a perpetual, non-exclusive access easement, over a portion of the Burdened Property legally described on Exhibit C attached hereto and incorporated herein (the "Easement Area"). NOW, THEREFORE, in consideration of all the covenants, terms, and conditions herein contained, and intending to be legally bound hereby, the parties hereto agree as follows: 1. General. Grantor and Grantee hereby agree that the recitals included above are true and correct, and such recitals are hereby incorporated herein as if fully set forth below. Except as otherwise specifically indicated, all references to Sections refer to Sections of this Easement Agreement, and all references to Exhibits refer to the Exhibits attached hereto, which are hereby made a part hereof, and incorporated herein by reference. The words "hereby," "hereof," "hereto," "hereunder," "hereinafter," "herein," and words of similar import refer to this Easement Agreement as a whole and not to any particular Section hereof. The word "hereafter" shall mean 1 ACTIVE 63166477v3 after the date of this Easement Agreement. The word "including" shall mean "including, without limitation." Captions and Headings used herein are for convenience only and shall not be used to construe the meaning of any part of this Easement Agreement. 2. Grant of Easement. Upon and subject to the terms hereof, Grantor hereby grants and conveys to Grantee for the benefit of and as an appurtenance to the Benefitted Property, and for the use, benefit and enjoyment of all present and future owners of the Benefitted Property or any interest therein, and such owners' respective users, contractors, subcontractors, tenants, subtenants, lenders, mortgagees, licenses, invitees and successors in title (such parties, collectively, "Grantee Parties"), (i) a temporary construction easement on, over, across, through and under the surface of the Easement Area pursuant to the terms and conditions hereof, for purposes of constructing an access driveway, sidewalks, landscaping, underground utilities and other ancillary improvements (collectively, the "Improvements") on the Benefitted Property, as well as for temporary staging and storage of construction materials for construction of the Improvements and the development of the Benefitted Property (the "Construction Easement"), which Construction Easement shall be temporary in nature and shall automatically terminate (without the requirement of any additional documentation evidencing same) on the date that is three (3) years after commencement of construction of the Improvements, but in no event shall extend past December 31, 2027 (the "Construction Easement"), (ii) a perpetual non-exclusive easement on, over, across, through and under the surface of the Easement Area pursuant to the terms and conditions hereof, including the right to reasonable ingress and egress over the Easement Area, for the Grantee to, at its sole cost and expense, install, construct, maintain, operate, modify, repair, and replace one or more underground water pipes, sewer pipes, natural gas pipes, fiber optic cables, electrical, telecommunications, and related aboveground equipment, structures, fixtures, and other personal property (the "Equipment") thereunder for the purpose of transmitting natural gas, water, electricity, and communications signals to Benefitted Property (the "Utility Easement"), and (iii) a perpetual and non-exclusive access easement on, over, and across the surface of the Easement Area pursuant to the terms and conditions hereof, for vehicular and pedestrian access, ingress and egress to and from the Benefitted Property, and for access to and maintenance of the Improvements and the Equipment (the "Access Easement", and together with the Construction Easement and the Utility Easement, the "Easements"). 3. Private Easement Reservations of Rights. (a) The Easements granted hereunder are appurtenant to the Benefitted Property and the Burdened Property and shall run with the land. (b) The rights granted herein are private to Grantee and all Grantee Parties, and, except as otherwise provided herein, nothing herein creates any rights in any parties other than Grantee and all Grantee Parties, including any right for public use or benefit. 4. Representations, Warranties, and Covenants. (a) Grantee covenants that prior to performing any construction, installation, modification, maintenance or repair of the Improvements, the Equipment or any other improvements on the Easement Area, Grantee shall provide Grantor with prior written notice of such construction, installation, modification, maintenance of repair, provided, however that 2 ACTIVE 63166477v3 Grantee shall be only required to provide any such notice as is practicable under the circumstances in the event of an emergency occurring with respect to Grantee's Equipment in the Easement Area. (b) Grantee covenants and agrees that it and its contractors' use of and activities on the Easement Area shall at all times comply with all applicable present and future laws, ordinances, permits, rules, and regulations enacted by any federal, state, county, or municipal governmental agency having jurisdiction or control over said use and activities (including reclamation and/or pollution, environmental or otherwise) occurring upon the Easement Area from Grantee's activities thereon. (c) Grantor covenants that it will not construct, obstruct, place or permit to be placed any fences, barriers or other obstacles which will obstruct ingress and egress or other use of Grantee as contemplated hereunder on, under, about or through the Easement Area. S. Indemnification; Defense. Grantee, for itself, its successors and assigns, agrees to and hereby does indemnify and hold harmless Grantor, its parents, subsidiaries, affiliates, and divisions, and each of their shareholders, members, and partners, and each of their officers, directors, employees, agents, representatives, and contractors, and each of their heirs, personal representatives, successors, and assigns (the "Indemnified Parties") from and against any and all claims, actions, losses, liabilities, obligations, costs, expenses, fines, fees, verdicts, judgments, or any other damages, of any nature whatsoever, whether arising from contract, tort, or otherwise, including reasonable attorney's fees, defense costs, investigation expenses, discovery costs, court costs, and all other expenses, incurred by such Indemnified Parties, and arising from or relating to Grantee's use of the Easement Area, including: (i) Grantee's performance or nonperformance of any term or condition of this Easement Agreement; (ii) bodily injury, illness, disease, death, property damage, or loss of use, maintenance, cure, profit, or wages occurring on or caused by acts or omissions of Grantee on the Easement Area; and/or (iii) Grantee's violation of any ordinance, pennit, order, law, regulation, statute, legislation, judgment, or decree, including Grantee's presence, occupancy or use of the Easement Area prior to the date hereof, and in any and all events, including any acts or omissions of Grantee's agents, employees, managers, visitors, contractors, subcontractors, lessees, sublessees, invitees, licensees, customers, concessionaires or assignees, whether or not occurring on the Easement Area and whether or not such acts or omissions cause or result in bodily injury, illness, disease, death, property damage, or loss of use, maintenance, cure, profit, or wages of employee(s) of Grantor or Grantee, in each case arising from or relating to Grantee's use of the Easement Area (all of the foregoing, the "Indemnified Matters"), excepting however any such matters to the extent they are the result of the acts or omissions of any of the Indemnified Parties. Grantee agrees to defend each of the Indemnified Parties, at Grantee's sole cost and expense, in any litigation, action, arbitration, mediation, or other legal or administrative proceeding against one or more of the Indemnified Parties arising from or relating to any of the Indemnified Matters. The terms of this Section shall survive the expiration or termination hereof.' b. Miscellaneous. 1 NTD: City to provide insurance requirements. 3 ACTIVE 63166477v3 (a) Entire Agreement; Binding Effect. This Easement Agreement, including any terms and conditions incorporated herein or attached hereto, constitutes the entire agreement between the Parties, and there are no representations, oral or written, that have not been incorporated herein. This Easement Agreement shall be binding upon and inure to the benefit of the successors in title of the parties hereto. No representation, inducement, promise, understanding, condition, or warranty not set forth herein has been made or relied upon by either party. (b) Amendment. This Easement Agreement may be amended, renewed, extended, or canceled only by a written instrument executed on behalf of each of the parties hereto by an authorized representative of each party, and neither party shall, at any time or in any way, assert or contend that any amendment, extension or cancellation of this Easement Agreement (or any part or parts, including this Section) has been made other than by a written instrument so executed. So long as Wells Fargo Community Investment Holdings, LLC, its successors or assigns (the "Investor Member") is a member of Grantee, the Investor Member's written consent shall be required in order to amend or modify this Easement Agreement. (c) Multiple Owners. If, at any time, either the Burdened Property or the Benefitted Property shall have more than one owner, then all rights, benefits and obligations shall be exercised and performed by a single owner of Grantor or Grantee designated by a majority of such owners of Grantor or Grantee by written notice given by such owners of Grantor or Grantee to the other party, as applicable. Unless and until such designation shall have been made and notice thereof given by Grantor or Grantee given to the other, as applicable, the owners of the Burdened Property or the Benefitted Property (as applicable) shall not be entitled to any of the rights or benefits provided by this Agreement but shall jointly and severally be liable for all obligations of Grantor or Grantee hereunder, as applicable. In furtherance and not in limitation of the foregoing, if either the Burdened Property or the Benefitted Property is subjected to a condominium form of ownership, with multiple condominium units located within such property, then the declaration of condominium for such condominium may provide (and, in the case of any residential condominium, must provide) that the owner's association established pursuant to the declaration of condominium shall be deemed "owner" of such property for purposes of this Agreement and that each unit owner within the Burdened Property or the Benefitted Property shall be deemed an beneficiary of this Agreement (as applicable) for the purposes hereof; and whether or not such declaration of condominium for a residential condominium so provides, such shall be the case for purposes of this Agreement. (d) Notice. Any notice that may at any time be required to be given hereunder shall be deemed to have been properly given if personally hand delivered to the other party, or if sent by United States first class registered or certified mail, postage prepaid, or by facsimile transmission, addressed as follows: If to Grantor: City of Miami Attn: City Manager 444 SW 2nd Avenue Tenth Floor Miami, Florida 33130 4 ACTIVE 63166477v3 With copy to: Office of the City Attorney Attn: City Attorney City of Miami 444 SW 2nd Avenue Suite 945 Miami, Florida 33130 Department of Real Estate and Asset Management Attn: Director of Real Estate and Asset Management City of Miami 444 SW 2nd Avenue Suite 325 Miami, Florida 33165 If to Grantee: Culmer Apartments, Ltd. c/o Atlantic Pacific Communities, LLC 161 NW 6th Street, Suite 1020 Miami, Florida 33136 Attn: Kenneth Naylor With a copy to: Greenberg Traurig, P.A. 333 SE 2nd Ave., 4400 Miami, Florida 33131 Attention: Ryan D. Bailin, Esq. Ethan B. Wasserman, Esq w as s erman e@gtlaw. cone All notices shall be effective when received by the party to whom addressed. Either party may by such a notice to the other party designate a different addressee to whom or address to which any such notice shall be sent. (e) Construction; Venue. This Easement Agreement shall be governed by and construed in accordance with the laws of the state in which the Burdened Property is located, without giving effect to its conflicts of law provisions. Each party, for itself and its heirs, representatives, successors, and assigns, hereby irrevocably consents to the exclusive jurisdiction of the federal and state courts sitting in or for the county in which the Easement Area are located for the resolution of any conflicts arising hereunder, and each agrees that such courts are the proper and convenient venue and waive any right to object to such venue as being inconvenient or otherwise. 5 ACTIVE 63166477v3 (1) Counterparts. This Easement Agreement may be signed in one or more counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Easement Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. (g) Severability. If any provision of this Easement Agreement is found to be invalid or otherwise unenforceable in any court of competent jurisdiction, the allegedly invalid or unenforceable provision shall be deemed valid and enforceable to the maximum extent permitted by law and shall be deemed to be amended to the minimum extent necessary to make it valid and enforceable in such jurisdiction, and the alleged invalidity and/or unenforceability in such jurisdiction shall not affect the validity or enforceability of any other provision hereof in such jurisdiction or the validity or enforceability of the allegedly invalid and/or unenforceable provision, or of any other provision hereof, in any other jurisdiction. (h) Third Parties. Nothing in this Easement Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Easement Agreement on any person other than the parties hereto and their respective legal representatives, tenants, mortgagees, successors and assigns, nor is anything to this Easement Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Easement Agreement, nor shall any provision give any third persons any right of subrogation or action over or against any party to this Easement Agreement. (1) Survival. The following provisions hereof shall survive the expiration or earlier termination hereof: (i) all provisions hereof that specifically state that they shall survive the expiration or earlier termination hereof, and (ii) all provisions that, by their nature, should be reasonably anticipated by the parties to survive the expiration or earlier termination hereof. (j) Not a Public Dedication. Nothing contained herein shall be deemed to be a gift or dedication of any portion of the Burdened Property or the Benefitted Property to the general public or for any public use or purpose whatsoever, it being the intention and understanding of the parties hereto that this Easement Agreement shall be strictly limited to and for the purposes herein expressed for the exercise and use on private property solely for the benefit of Grantee and Grantor, as applicable, and as provided herein. The foregoing shall not prohibit Grantee from dedicating all or any portion of the Benefitted Property to the general public or for any public use or purpose whatever, provided that any such dedication shall be made subject to and in accordance with the terms and conditions of this Easement Agreement. (k) Damages. IN NO EVENT SHALL GRANTOR AND GRANTEE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES, HOWEVER CAUSED, INCLUDING BUSINESS INTERRUPTION OR LOST PROFITS. (1) Insurance Requirements. Grantor shall at all times during the term of this agreement maintain insurance coverage in accordance to Exhibit D. 6 ACTIVE 63166477v3 (m) Existing Easement. This Easement Agreement is in addition to and shall not supersede the Existing Easement, which shall remain in full force and effect. [Remainder of Page Intentionally Blank] [Signature Pages Follow] 7 ACTIVE 63166477v3 IN WITNESS WHEREOF, the parties have caused this Easement Agreement to be executed as of the date(s) indicated herein. ATTESTED: Todd B. Hannon City Clerk STATE OF FLORIDA )SS: COUNTY OF MIAMI-DADE GRANTOR: CITY OF MIAMI, FLORIDA By: Arthur Noriega V. City Manager The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, before me this day of , 2022, by Arthur Noriega V. as City Manager of City of Miami, a municipal corporation of the State of Florida. He is ❑ personally known to me or ❑ has produced as identification. My Commission Expires: Notary Public, State of Florida Print or Stamp Name Commission No.: Approved as to Form and Approved as to Insurance Legal Sufficiency: Requirements: Victoria Mendez City Attorney 8 ACTIVE 63166477v3 Ann -Marie Sharpe Risk Management Director WITNESS OR ATTEST: GRANTEE: By: Culmer Apartments, Ltd., a Florida Name: limited partnership By: Name: STATE OF FLORIDA COUNTY OF ) SS: By: APC Culmer Apartments, LLC, a Florida limited liability company, its general partner By: APCHD MM II Inc., a Delaware corporation, its manger By: Name: Kenneth Naylor Title: Vice President The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2022 by Kenneth Naylor as Vice President of APCHD MM, Inc., a Delaware corporation, the manager of APC Culmer Apartments, LLC, a Florida limited liability company, the general partner of Culmer Apartments, Ltd., a Florida limited partnership, on behalf of such partnership, and who is ❑ personally known to me or who ❑ has produced as identification and who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed as such officer for the purposes therein expressed and who did (did not) take an oath. Witness my signature and official seal this day of , A.D., 2022. 9 ACTIVE 63166477v3 Notary Public, State of Florida Print Name: My Commission Expires: EXHIBIT A BURDENED PROPERTY (see attached) 10 ACTIVE 63166477v3 OPE Summary Report Property Information Folio: 01-0101-010-2031 Property Address: 501 NW 8 ST MiirnL FL 33136-0000 Owner CITY OF MIAMI-DEPT OF P&0 ASSET MANAGEMENT DIVESION Malting Address 444 SW 2 AVE STE #325 iAMI, FL 33130-1910 PA Primary Zone 4600 MULTI -FAMILY - 5 STORY & Primary Land Use 8040 VACANT GOVERNMENTAL MUNICIPAL Beds/ Baths / Half 0 /0/0 Floors Living Units Actual Area 0 Sq.Ft Living Area 0 ri,Ft Adjusted Area 0 Sq.Ft Lot Iz 8,863 Sq,FI Year Built Assessment InformatIon Year Land Value 22 $177,660 2021 2020 $.133,„245 $ 33,245 Building Value --- XF Value arket Value $0 $c) $3,.398 $181,058. $3,456 $0 $3,514 Assessed Value $1025664 36,701 $136,759 93.331 $84,847 Benefits informatio Benefit Type 20 2021 2020 n-tiornesteact Cap Assessment Reduction unicipal $78,394 $43,370 51,912 Exemption $102,864 $93,331 $84,847 Note: Not at benefits are applicable to at Taxable Values (Le, County, School oard, City, Regional), hort Legal Description CULMER PARK SUB NO 1 PS 98-12 PORT TRACT C BEG SOFT $ OF NE COR AT 10TH ST W 104.5FT S 86FT E 104,5FT N 85FT TO P08 LOT SIZE 8883 SQ ET Generated On 9/9/2022 Taxable Va e InfDrniaton 2022 2021 2020 County Exemption Value Taxable Value 1(32,664 $0 $93,33 $84,847 $0 $0 Scho& f3oard Exemption Value Taxable Value itt Exemption Value: $1111,058 $0 $102,664 Taxable Value Regional $136,701 $0 $93,331 $136,759 $0 84,847 $0 $0 $0 Exemption Value Taxable Value $102,664 $0 93,331 $0. $84,847 $0 Sales Information Previous Safe Price OR Book -Page Qualification Description The Office of the Property Appraiser is continually editing and updating the tax roll. This website may nut reflect the most current information on record. The Property Appraiser and Mierm-Dade County assumes no liability, see full disclaimer and User Agreement at httplAmw.miamidade.goviinfoidieclairner.asp Version: EXHIBIT B BE.N.EI+`1TTED PROPERTY (see attached) 11 ACTIVE 63166477v3 Surer ary Report Property Information Folio: 01-0101-010-2030 Property Address: 800. NW 5 AVE Miami, FL 33136-3233 Owner MiAMI-DADE COUNTY MIAMI CADE HOUSING AGENCY Melling Address 701 NW 1 CT 16TH FLOOR MIAMI, FL 33136 USA PA Primary Zone 4600 MULTI -FAMILY - 5 STORY & Primary Land Use 8647 COUNTY : DADE COUNTY Beds/Baths/Half 0/0/0 Floors 2. Living Units 0 Actual Area Sq.FI . Living Area Sq.Ft Adjusted Area 163,448 Sq.Ft Lot Size 594,860 Sq,Ft Year Built Multiple: (See Building Into.) Assessnien Year nformati©n 2022 2021 2020 Land Value Building Value $7,138,320 $7,623,363 $7,138,320 7,138,320 $6,825,288 $6,948,025 XF Value Market Value Assessed Value $579,484 $15,341,167 $15,341.,187 $586,231 $14,552,839 $592,977 $14,679,322 14,552,839 14,679,322 enefits lnforrna.tian fit Typo 2022 2021 2020 County Exemption $15,341,167 814,552,839 $14,679,322 Note: Not all benefits are applicable to all Taxable Values (i.9, County, School Board, City, Rogianal). Short Legal Description ULMER PARK SUB NO 1 PB 98.12 13.66 AC M/L TRACT C LESS BEG SOFT OFNECORAT 10THSTW 104,.5FT 8 SOFT E 104,5FT N 85FT TO POB Gaeneraled On ; 9/9/2022 Taxable Value lnforrna 2022 2021 2020 County Exemption Value $15,341,167' Taxable Value School Board Exemption Vafua $0 $14,552,839 $15,341,1 80 $14,679,322 $0 4,.552,839 $14,679,322 Taxable. Value City Exemption Value Taxable Value Regional 0 $15,341,167 $0 Exemption Vaiue $0 �$',14,552,839 $0 $15,3.41,16 Taxable Value $0 $14,679,322 $0 14,562,839 814,679,322 $0 $0 $0 Sales Information Previous Sale Price OR Book -Page - Qualification Description The Office of the Property Appraiser is cont4 uatly editing and updating the tax'rofl, This wehsite may not reflect the roost currant information on record, The Property Appraiser and Miami -Dade County assumes no liat}iiity, see full dfsciaimer and User Acgreemont at http:11www,Miarnidada,gavliiifo/disclaimer.asp Version: EXHIBIT C EASEMENT AREA 12 ACTIVE 631 fi6477v3 SKETCH TO ACCOMPANY LEGAL DESCRIPTION NW -1 C)i'1T ST �{ NW 9TH ST NW I IT SUBJECT PARCEL —MAIN 7411 ST LOCATION SKETCH A PORTION OF SECTION J7• - 5,3S--41 E, MIAMI--DACE COUNTY FLORIDA, THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHOR/ZED BY MARK STEVEN JOHNSON, R S. M: 4775 SCALE 1 "-30G' ��/Jpf � j� '4'^ bR6+e - s gyp' / LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPC1I \T . f—MIRAT 'R Etr. 330 PHONE No,(054)435-P7010 FAX No. 54)438-528 a 21529a it, ORDER NO �AA� UN� Y 'St]R�fi?/�51"., THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JGHNSON,., t 1NCtRAi CERTIFICATE OF AUTHORIZATION Na, LB-87 FLORIDA PROFESSIONAL L4NO 5URVE'rOR„No,,; LEGEND: R,B. DENOTES PLAT 800K PG. DENOTES PACE Q DENOTES CENTERLINE ht DENOTES MONUMENT LINE PA:B, DENOTE$ POINT OF BEGINNING O TE. JURY 1, 2022 DENOTES SUBJECT PARCEL''' EN d� NW 11 TH TE ET ? OF 3 SHEETS REVtS!ONS K.) D5,34 \CAM "A' `'.RO.IFCF'y,4XE"TCH CGA!.Sfl"N-E c";1ST 50 Fr Gr" 'Y'?' P4RCi L (p7-0.Z-2c22) SKETCH TO ACCOMPANY LEGAL DESCRIPTION NORTH LINE OF rRAcr "c" NW .10th STREET N.Inf 589°4604W 104,50' S00.7,31564E 0•04140:\'' NN1 - 10,3VY 101 .V2-) SOO' .3 561.- Segt, 9v. (?•e' • N89'4604”E 104,50' LI EASEMEWT .(? L THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. 4775 SCALE 1"=150' ME, CORNER OF TRACT "C" ''.------S00.7,3`56E 50,00' THE EAST 50.00' WEST LINE OF TRACT '01 EAST LINE OF TRACT '*c" S00°,13'56”E 85,001Rg'' ,101•1 ,7) ?c,,k L---50' UTILITY E4SEMENT-, NW 5t.12 STREET 0,01 ci;o0014 Fo'?G.12) (1,505* /- LITII.ITY / EA.5„svcAr Zo -701 c\I SOUTH LINE OF TRACT r LEGEND; DENOTES PLAT BOOK DENOTES PAGE DENOTES CENTERLINE DENOTES MONUMENT LINE DENOTES POINT OF BEGNNING DENOTES SUBJECT PARCEL' cA, 25 C E Pv,§•+:::$1.-IVT 2 OF 3 SHEETS' Se4Weet4e- StCa&fere & yee 9 REViSI°NS LAND SURVEYORS—ENGINF.ERS—LAND KANNER& — 3240 CORPORATE gA'—M1RAW; L 3302 PHONE No.(954)435-7010 FAX No, (954)438-3.28 r,. 11PARED UNDO( OPER*1 : / ORDER No, 215298 DATE; JULf 1., 2022 THIS s NOT A " BOUNDARY SONVEY" CERTIFICATE OF AtJTHORIZATION No. LB-7 n . MARK SaA TEveN FLORIDA PROFESSIONAL LAND sok-vqq6;„,1,?.., \Col,V1:1? LEC.V.S\TI4e. EAST 50 IT Of CITY PARCEL (0r.--2022,1DA-c; LEGAL DESCRIPTION TO ACCOMPANY SKETCH LEGAL DESCRIPTION THE EAST 50.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: A PORTION OF TRACT 'C' CULMER PARK SUBDIVISION NO.1, RECORDED IN PLAT BOOK 98, PAGE 12, OF THE PUBLIC RECORDS OF .BADE .COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A POINT 50 FEET SOUTH OF THE NORTHEAST CORNER ALONG N.W. 1OTH STREET OF SAID TRACT I`0R A POINT OF BEGINNING; THENCE WEST 104,5 FEET, THENCE SOUTH 85 FEET THENCE EAST 104.5 FEET THENCE NORTH 85 FEET TO THE POINT QF BEGINNING; ALL LYING AND BEING IN DADE COUNTY, FLORIDA. NOTES: 1) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE SIGNATURE. AND EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 2) THiS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE: USE OF THE ENTITY (ENTITIES) NAMED HEREON ONLY THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES, 5) THE BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING OF S00°14`01'E ALONG THE CENTER LIFE OF NW 5TH AVENUE BETWEEN NW .8TH STREET AND NW 1OTH STREET. 4) AREA OF THE PROPERTY DESCRIBED HEREON = 4,250± SO. FT (0,098 ACRES). 5) ORDERED- SY: A.P. COMMUNITIES. THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK "TE vE opH 51 f,.S,M. 4775 SET 3 OF- 3 SHEETS REVISIONS LAND SURVEYORS--ENGINEERS—LAND PLANNERS -- 3240 CORPDRATE 13--,VIRAifAF ,FL 3302' ORDER. z+/� R PHONEpNo.(954}435--70110 FAX NO, (95:4)438--328S > 3 V.'1611Lf 5' No F.1 5298 3 y .sw.. to .... P PARED UND dY'SL I FAIS1 1,' DATE JULY 1, 2022 t 'THIS is NOT A " OOL'NDARY SURVEY" MARK STEVEN JOHNSO�Fk{1NGIPAL.,t,, , CERTIFICATE QF ADTHORIZAT1ON No. LB-87 FLORIDA PROFESSIONAL LAND 5i Vi'pR,. o 4,' 5, K:l x%5J4i\C,ILME? PROI CT]SI%TRH & L CALS\THC £.S' 5C r�T--oi' CPY PARCEL E07_02-2O221.0hr. EXHIBITD INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE EASEMENT AGREEMENT CULMER PLACE Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Bach 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 as an Additional Insured Contingent and Contractual. Liability Premises and Operations Liability Explosion., Col -lapse and Underground Hazard Primary Insurance Clause Endorsement 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 B. Endorsements Required City of Miami listed as additional insured III, Worker's, Compensation Limits of Liability StatutOry-State of Florida Waiver of subrogation 13 ACTIVE 63166477v3 $1,000,000 Ertl ployer's Li U ity A. 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 caus(xlby disease, policy limit IV. Umbrella Policy A. Limits of Liability Bodily Injury and Property Darnage Liability Each Occurrence $2,000,000 Aggregate $2,000,000 City of Miaini listed as an additional Insured. Coverage is excess follow form over all liability polices contained herein, 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, or in accordance to policy provisions. CompanieSauthorized 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.. 14 ACTIVE 63166477v3