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HomeMy WebLinkAboutExhibitINTERLOCAL AGREEMENT BETWEEN CITY OF MIAMI AND MIAMI-DADE COUNTY FOR TEMPORARY CONSTRUCTION EASEMENTS RELATED TO EMERGENCY 36-INCH WATER MAIN This INTERLOCAL AGREEMENT ("Agreement"), made and entered into this day of , 2022 ("Effective Date"), by and between the CITY OF MIAMI, a municipal corporation of the State of Florida ("City"), 444 S.W. 2nd Avenue, Miami, Florida 33130, and MIAMI-DADE COUNTY, a political subdivision of the State of Florida, whose mailing address is c/o Miami -Dade Water and Sewer Depaitruent, Box 330316, Miami, FL 33233-0316 ("County") (collectively, the City and County shall be referred to as the "Parties"). RECITALS WHEREAS, the County, through the Miami -Dade Water and Sewer Department ("WASD"), operates and maintains the Miami -Dade County water and sanitary wastewater systems; and WHEREAS, the City is the fee simple owner of certain real properties bearing Miami - Dade County Folio No. 01-3231-000-0030 located at Watson Island, Miami, Florida 33132; Miami -Dade County Folio No. 01-3231-061-0040 located at 980 MacArthur Causeway, Miami, Florida 33132; and Miami -Dade County Folio No. 01-3231-061-0030 (together, the "City Properties"), as shown on the "Property Appraisal Summary Report," attached hereto as Composite Exhibit "A"; and WHEREAS, Island Gardens Deep Harbour, LLC, a Delaware limited liability company, 838 MacArthur Causeway, Miami, Florida 33132 ("IGDH" and/or "Marina Tenant"), is the tenant and leasehold right holder under that certain Marina Component Ground Lease by and between the City and Flagstone Island Gardens, LLC, a Delaware limited liability company, 888 MacArthur Causeway, Miami, Florida 33132 ("Flagstone") dated as of April 13, 2020 and as assigned to IGDH pursuant to that certain Assignment and Assumption of Ground Lease (Marina) from Flagstone to IGDH dated as of April 13, 2020 as recorded in Miami -Dade County Public Records, Book Number 32185, Pages 4698-4702 (the "Marina Ground Lease"); and WHEREAS, Island Gardens Retail Experience LLC, a Delaware limited liability company, 888 MacArthur Causeway, Miami, Florida 33132 ("IGRE" and/or "Retail Tenant"), is the tenant and leasehold right holder under that certain Retail Component Ground Lease by and between the City and Flagstone dated as of April 13, 2020 and as assigned to IGRE pursuant to that certain Assignment and Assumption of Ground Lease (Retail) from Flagstone to IGRE dated as of April 13, 2020 as recorded in Miami -Dade County Public Records, Book Number 32185, Pages 4686-4691 (the "Retail Ground Lease"); and WHEREAS, Island Gardens Parking Structures LLC, a Delaware limited liability company, 888 MacArthur Causeway, Miami, Florida 33132 ("IGPS" and/or "Parking Tenant"), is the tenant and leasehold right holder under that certain Parking Component Ground Lease by and between the City and Flagstone dated as of April 13, 2020 and as assigned to IGPS pursuant to that certain Assignment and Assumption of Ground Lease (Parking) from Flagstone to IGPS dated as of April 13, 2020 as recorded in Miami -Dade County Public Records, Book Number 32185, Pages 4692-4697 (the "Parking Ground Lease"); and WHEREAS, the City and Flagstone are parties to that certain Master Development Agreement by and between the City and Flagstone dated as of April 13, 2020 ("MDA"); and WHEREAS, Flagstone is the declarant under that certain Mixed Use Project Declaration dated as of April 13, 2020 and as recorded in Miami -Dade County Public Records, Book Number 32185, Pages 4703-4980 (the "Project Declaration"); and WHEREAS, Flagstone and City entered into the following easement agreements: (1) Temporary Construction Easement Agreement (Parcels A, B & C) by City to and for the benefit of Flagstone, as recorded in Miami -Dade County, Florida public records book number 26102 pages 2922-2955 (hereinafter, the "ABC Easement"); (2) First Amendment Temporary Construction Easement Agreement (Parcels A, B & C) by City to and for the benefit of Flagstone, as recorded in Miami -Dade County, Florida public records book number 26102 pages 3110-3124; (3) Second Amendment Temporary Construction Easement Agreement (Parcels A, B & C) made as of November 14, 2008, by the City to and for the benefit of Flagstone, as recorded in Miami -Dade County, Florida public records book number 26662 pages 0355-0369; (4) South Road Permanent Easement Agreement (Parcel D) made as of October 1, 2008, by the City to and for the benefit of Flagstone, as recorded in Miami -Dade County, Florida public records book number 26598 pages 1416-1438; (5) First Amendment to South Road Permanent Easement Agreement (Parcel D) And Adding a Temporary Easement Thereto made as of October 1, 2008 by the City to and for the benefit of Declarant, as recorded in Miami -Dade County, Florida public records book number 26598 pages 1439-1446; (6) Easement Agreement (Parcel G) made as of October 1, 2008 by City to and for the benefit of Flagstone, as recorded in Miami -Dade County, Florida public records book number 26598 pages 1473-1497; (7) First Amendment Entry Road Permanent Easement Agreement (Parcel G) And Adding a Temporary Easement Thereto made as of October 1, 2008 by City to and for the benefit of Flagstone, as recorded in Miami -Dade County, Florida public records book number 26598 pages 1498-1506; (8) Flagstone Site Temporary Pre -Development Easement Agreement (Parcel H) made as of October 1, 2008 by City to and for the benefit of Flagstone, as recorded in Miami -Dade, Florida public records book number 26598 pages 1507- 1532 and (9) Submerged Area Permanent Maintenance Agreement (Parcel E) made as of October 1, 2008 by City to and for the benefit of Flagstone, as recorded in Miami -Dade County, Florida public records book number 26598 pages 1447-1472 (Dredging Agreement), together (1) though (9) (the "External Easements"); and WHEREAS, pursuant to that certain Amendment and Assignment of External Easements and Dredging Agreement dated as of April 13, 2020 and as recorded in Miami -Dade County Public Records, Book Number 32186, Pages 6-22 ("Amendment and Assignment of External Easement City of Miami 36-inch WM Page 2 of 16 Agreement"), certain External Easements rights were amended and assigned to Marina Tenant, Retail Tenant, Parking Tenant, Flagstone and Master Association; and WHEREAS, pursuant to the Marina Ground Lease, Retail Ground Lease, Parking Ground Lease, MDA, External Easements, Amendment and Assignment of External Easement Agreement, and Project Declaration, Marina Tenant, Retail Tenant, Parking Tenant, Flagstone and Master Association have leasehold and/or easement rights to the City Properties; and WHEREAS, Flagstone, Marina Tenant, Retail Tenant and Parking Tenant (also known collectively as "Developer") are parties to that certain Agreement for Water and Sanitary Sewer Facilities between the County and the City and Flagstone and IGDH and IGPS and IGRE dated as of November 3, 2022 and as recorded in Miami -Dade Public Records, Book Number 33455, Pages 4523-4552 (the "WASD Agreement"), and WHEREAS, the County needs to relocate its 36-inch water main that is in conflict with the Florida Depai intent of Transportation's ("FDOT's") Signature Bridge Project by no later than February 1, 2023; and WHEREAS, the 36-inch water main serves as the primary water transmission line for the South Beach neighborhood and provides water supply to the downtown Miami area; and WHEREAS, the County has declared the relocation of the 36-inch water main as an emergency project; and WHEREAS, due to the emergency nature of this project, the County has requested two (2) temporary non-exclusive easements from the City on the City's Properties for the project; and WHEREAS, the County will use its best efforts to complete the emergency project by February 28, 2023 but no later than May 1, 2023; and WHEREAS, once the County has established the specific route for its emergency project and completed the construction of the 36-inch water main, the County will release all temporary non-exclusive easements, and a permanent easement will be given to the County under a separate agreement; and WHEREAS, in order to accommodate the relocation of the 36-inch water main on the emergency basis, the City has agreed to grant to the County, as of the Effective Date of this Agreement, two (2) temporary non-exclusive easements on the City Properties (the "Temporary Easements"), all as more particularly described herein; and WHEREAS, the County will fund all costs associated with the removal and relocation of the 36-inch water main project and will own, operate, and maintain the relocated 36-inch water main, City of Miami 36-inch WM Page 3 of 16 NOW, THEREFORE, in consideration of the mutual promises of the Parties contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the County agree as follows: 1. RECITALS: The foregoing recitals are true and correct and are incorporated herein as if set out in full in the body of this Agreement. 2. TERM: This Agreement shall take effect upon the Effective Date written above, after its execution by the authorized officers of the City and the County and shall terminate upon the satisfaction and completion of all the terms and conditions under this Agreement by no later than May 1, 2023. 3. GRANT OF EASEMENTS: Subject to the terms and conditions of this Agreement, the City hereby grants to the County and its employees, agents, contractors and subcontractors the following Temporary Easements: a. Parcel A: Temporary Non -Exclusive Easement over, across and upon approximately 42,559.448 square feet under Folio No. 01-3231-000-0030 (Option A), as more particularly described in Exhibit "B" attached hereto. 1. The County shall use Parcel A for the following work: emergency installation of a 36-inch HDPE Dimension Ratio 13.5 water main across the bay needed to replace a transmission main that services Miami Beach and Watson Island with an approximate length of 3,000 LF, which will connect to the existing 36-inch water main within an easement on the access road. The County will also use Parcel A in order to excavate for the connection, provide access to the exit pit of the drill, monitor the directional drill, restore the site, and carry out all other appurtenant items of work. Necessary for relocation of the 36-inch water main; and b. Parcel B: Temporary Non -Exclusive Easement over, across and upon approximately 23,350 square feet under Folio No. 01-3231-061-0030 and Folio No. 01-3231-061-0040 (Option B) as particularly described on Exhibit "C" attached hereto. 1. The County shall use Parcel B for the following work: delivery and storage of the directional drill pipe; HDPE pipe fusing; staging for the Watson Island portion of the work; restoration; temporary fence construction; and excavation in order to connect to the adjacent easement. The County will also use Parcel B to: make the connection to the existing water main in the existing easement, leave a stub out for the property as a connection point, and carry out all other appurtenant items of work necessary for the relocation of the 36-inch water main. City of Miami 36-inch WM Page 4 of 16 c. Parcels A and B may also be used for the placement of permanent utilities, including but not limited to, underground water mains, which shall be addressed in separate future permanent easement agreements. d. The City reserves the right to cross and recross all easements and rights of way, provided that such use of said ground shall not interfere with, obstruct, or endanger any rights granted herein and shall not disturb the grade of said ground as it now exists. If any granted easement ceases to be used for the above -described purposes, all property rights and/or interest shall revert back to the City. 4. SPECIAL CONDITIONS: A. The County' s design will accommodate the future seawall replacement at Tract C on the ABC Easement (tip elevation to match adjacent marina seawall at -35 feet). B. WASD's contractors shall perform the pilot and directional drilling from the mainland and not from the Watson Island side. A sketch showing the layout of the area, including the County's projected route options for the pipe, is attached hereto as Exhibit "D". C. WASD's contractor shall implement the use of six (6) foot temporary fencing with privacy screening along both sides of the Temporary Easements. D. When possible, WASD's contractors shall access the Temporary Easements from the Parrot Jungle Trail (east) access road and are responsible for any and all requirements to access the temporary easement as well as its restoration upon completion. If FDOT does not consent to the access, WASD' s contractor shall access the temporary easement from the MacArthur Causeway (west) access road. The access routes are shown on Exhibit "E," attached hereto. E. WASD' s contractors shall place and compact asphalt millings over the entirety of the Parcel 4 Permanent Easement D and within that portion of Tract C that is being used as parking facilities where the Temporary Easements are located. F. WASD' s contractors shall employ the use of steel plates to allow vehicular access to the Marina and to the restaurant known as The Deck at Island Gardens, located at 888 MacArthur Causeway, Miami, Florida 33132 (the "Restaurant") at all times. The watermain tie-in to the existing watermain shall be performed during those days the Restaurant is closed for business (Mondays and Tuesdays). G. WASD's contractors shall maintain the Temporary Easements and the MacArthur Causeway access road to the Temporary Easements area in a safe, clean and orderly fashion. H. The County shall coordinate the emergency water main point of connection with the Developer' s proposed points of connection per the WASD Agreement and Master Agreement 19402b Sub ID 22575 so as not to change the Developer (as defined under the WASD Agreement)' s points of connection as defined in the WASD Agreement. As part of this emergency project, the County shall not cause any change or interference with any of the points of connection as approved under the WASD Agreement or the plans as approved under the WASD Agreement. If the approved points of connection and/or approved plans under the WASD Agreement are affected as a result of this emergency project, the County shall be fully responsible and liable for any and all damages, monetary or otherwise, including any damages resulting from time delays in connection with Developer' s future development of the City Properties, to Flagstone, City of Miami 36-inch WM Page 5 of 16 IGDH, IGRE, IGPS and any and all of its successors in interest and/or assigns and Master Association. I. The County will continue its best efforts to identify a resolution to address the 50 impacted parking spaces. J. The County agrees that no work shall be performed on the Temporary Easements on the following days: 11/11/22 — 11/22/22 11/28/22 — 12/5/22 12/25/22 — 1/3/23 3/20/23 — 3/28/23 5/2/23 — 5/8/23 K. Throughout the Term of this Agreement, the County agrees, at its sole cost and expense, to provide vehicular access along the Old MacArthur Causeway right-of-way at all times inclusive of providing alternate roads around the active construction area and to re -direct vehicular traffic. 5. DESCRIPTION: Immediately upon execution of this Agreement by both Parties with the joinder and consent of Flagstone, Marina Tenant, Retail Tenant, Parking Tenant and Master Association, the City hereby grants and agrees to convey to the County two (2) temporary non-exclusive easements to the Easement Area depicted and described in attached Exhibits "B" and "C". An overview map of the 36-inch water main route is attached hereto as Exhibit "F". 6. TITLE TO THE PROPERTY: At all times during the term of this Agreement, title to the Property shall remain solely with the City. The County shall not permit any liens or encumbrances to be placed on the Property. 7. INSURANCE/DAMAGE/RESTORATION: The City and the County shall maintain a self - insured program in accordance with and subject to the limitations and provisions of Section 768.28 of the Florida Statutes. The County shall require that, throughout the Term of this Agreement, all contractors utilized by the County provide certificates of insurance providing, at a minimum, the policies and coverage as stated in attached Exhibit "G" hereto and shall include the City, Flagstone and any and all of its affiliates and subsidiaries, Marina Tenant and any and all of its affiliates and subsidiaries, Retail Tenant and any and all of its affiliates and subsidiaries, Parking Tenant and any and all of its affiliates and subsidiaries and Master Association as an additional insureds in all such certificates. Any damage to the City Properties resulting from or in connection with the Work or the Easement shall be promptly repaired by the County. 8. DEFAULT: If either Party fails to comply with any material term or condition of this Agreement, or fails to perform any of its obligations hereunder, then that Party shall be in breach of this Agreement and, if the breach is not cured by the defaulting party within thirty (30) days of such defaulting party's receipt of written notice given in the manner prescribed below. Upon the occurrence of a default which is not cured during the cure period, the non -defaulting party shall have all remedies available to it by law. City of Miami 36-inch WM Page 6 of 16 9. INDEMNIFICATION: Subject to the limitations set forth in Section 768.28, Florida Statutes, the County hereby releases, waives, discharges, saves and holds harmless, indemnifies, agrees to defend at its sole cost and expense, and covenants not to sue the City, its officials, employees, departments, instrumentalities, agents and representatives, Flagstone and any and all of its affiliates and subsidiaries, Marina Tenant and any and all of its affiliates and subsidiaries, Retail Tenant and any and all of its affiliates and subsidiaries , Parking Tenant and any and all of its affiliates and subsidiaries and Master Association and their respective officers, agents and employees from and against any claims, demands, liabilities, losses, causes of action, civil actions, of any nature whatsoever arising out of or in connection with this Agreement and the County's, or any of the County's employees', agents', or independent contractors' access to the City Properties, except to the extent caused by the City's or its officials', employees', representatives', agents' or instrumentalities' gross negligence. This section shall survive any expiration or earlier termination of this Agreement. The County shall further require all of its contractors to indemnify, defend, and hold the City, Flagstone and any and all of its affiliates and subsidiaries, Marina Tenant and any and all of its affiliates and subsidiaries, Retail Tenant and any and all of its affiliates and subsidiaries, Parking Tenant and any and all of its affiliates and subsidiaries and Master Association and their respective officers, agents and employees from and against any and all claims, demands, liabilities, losses, causes of action, suits, civil actions of any nature whatsoever arising out of, or in connection with this Agreement except to the extent caused by the City's or its officials', employees', representatives', agents' or instrumentalities' gross negligence or the gross negligence of Flagstone, Marina Tenant, Retail Tenant, Parking Tenant, and Master Association or any of their respective affiliates and subsidiaries. 10. NOTICES: Any and all notices required to be given under this Agreement shall be sent by certified mail and via email, addressed as follows: To the County: Miami -Dade Water and Sewer Department Attn: Nelson Perez-Jacome Assistant Director 3071 SW 38 Avenue, 5th Floor Miami, Florida 33146 Nelson.Perez-Jacome@miamidade.gov Miami -Dade Water and Sewer Department Attn: Patty Palomo Intergovernmental Affairs Division 3071 SW 38 Avenue, Room 152 Miami, Florida 33146 Patty.Palomo@miamidade.gov To the City: City of Miami Dept. of Real Estate & Asset Management 444 SW 2nd Avenue, Suite 325 Miami, Florida 33130 City of Miami 36-inch WM Page 7 of 16 City Manager, Arthur Noriega V City of Miami 444 SW 2nd Avenue, l Oth Floor Miami, Florida 33130 City Attorney, Victoria Mendez Office of City Attorney 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130 To Marina Tenant: Island Gardens Deep Harbour, LLC Attn: Eric Simonton 838 MacArthur Causeway Miami, Florida 33132 Email: Esimonton@igymarinas.com To Flagstone: Flagstone Island Gardens, LLC Attn: Nathalie Goulet-Fusco, Esq. 888 MacArthur Causeway Miami, Florida 33132 Email: ngoulet@flagstonegroup.com To Retail Tenant: Island Gardens Retail Experience, LLC Attn: Nathalie Goulet-Fusco, Esq. 888 MacArthur Causeway Miami, Florida 33132 Email: ngoulet@flagstonegroup.com To Parking Tenant: Island Gardens Parking Structures, LLC Attn: Nathalie Goulet-Fusco, Esq. 888 MacArthur Causeway Miami, Florida 33132 Email: ngoulet@flagstonegroup.com To Master Assn: Island Gardens Master Association, Inc. Attn: Nathalie Goulet-Fusco, Esq. 888 MacArthur Causeway Miami, Florida 33132 Email: ngoulet@flagstonegroup.com 11. JOINT PREPARATION: The Parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties from the other. City of Miami 36-inch WM Page 8 of 16 12. THIRD PARTIES BENEFICIARIES: Flagstone, Marina Tenant, Retail Tenant, Parking Tenant and Master Association, and their successor in interest and/or assigns, are expressly made third party beneficiaries to this Agreement. Nothing in this Agreement, express or implied, is intended to: (a) confer upon any entity or person other than the Parties and their successors or assigns and other than Flagstone, Marina Tenant, Retail Tenant, Parking Tenant and Master Association, and their successors in interest and/or assigns, any rights or remedies under or by reason of the Agreement as a third party beneficiary or otherwise, except as specifically provided in this Agreement; or (b) authorize anyone not a party to this Agreement, except for Flagstone, Marina Tenant, Retail Tenant, Parking Tenant and Master Association, and their successors in interest and/or assigns, to maintain an action pursuant to or based upon this Agreement. Flagstone, Marina Tenant, Retail Tenant, Parking Tenant and Master Association, and their successors in interests and/or assigns, shall have the express right to maintain an action pursuant to or based on this Agreement. 13. SEVERABILITY: Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unlawful, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, and the same may be deemed severable by the City or the County, and in such event, the remaining terms and conditions of this Agreement shall remain unmodified and in full force and effect. 14. AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the City Manager and the County Mayor or County Mayor's designee and Flagstone, Marina Tenant, Retail Tenant, Parking Tenant and Master Association as joinders to this Agreement, which approval shall not be unreasonably withheld. 15. COUNTERPARTS/ELECTRONIC SIGNATURES: This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the Party whose name is contained therein. Any Party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 16. ENTIRE AGREEMENT: This instrument and its exhibits constitute the sole agreement of the Parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. City of Miami 36-inch WM Page 9 of 16 17. APPLICABLE LAW, VENUE AND ATTORNEYS' FEES: This Agreement shall be governed by the laws of the State of Florida. Venue in any proceedings shall be in Miami -Dade County, Florida. Each Party shall be responsible for its own attorneys' fees and costs. 18. DISPUTE RESOLUTION: The Parties agree that prior to instituting any civil action arising out of this Agreement, they will utilize the procedures set forth in the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes. Any and all disputes between the Parties shall be subject to strict adherence and compliance with any and all requirements of Chapter 164, Governmental Disputes, Florida Statutes. 19. COMPLIANCE WITH LAWS: The Parties shall comply with applicable federal, state and local laws, codes, ordinances, rules and regulations in performing their respective duties, responsibilities, and obligations pursuant to this Agreement. The Parties shall not unlawfully discriminate in the performance of their respective duties under this Agreement. 20. PUBLIC RECORDS: The Parties acknowledge both entities are public agencies within the statutory definition of Florida Statutes and subject to compliance with Chapter 119, Florida Statutes, as amended. Accordingly, all documents, digital or hardcopy, made pursuant to this Agreement are public records and must be maintained and produced in compliance with Florida Statutes and regulations. 21. E-VERIFY COMPLIANCE: As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Florida Statutes, the County's contractors, and their respective subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. The County shall be in compliance with Section 448.095, Florida. Statutes, at all times during the term of this Agreement. (REMAINDER OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK) City of Miami 36-inch WM Page 10 of 16 IN WITNESS WHEREOF, the City and the County have caused this Agreement to be executed as of the date and year first above written: ATTEST: MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Harvey Ruvin County Mayor Clerk of the Board Approved for Legal Sufficiency: Assistant County Attorney ATTEST: CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA BY: BY: Todd B. Hannon City Clerk Date: Arthur Noriega V City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: BY: BY: Victoria Mendez City Attorney City of Miami 36-inch WM Page 11 of 16 Anne -Marie Sharpe Risk Management Director MARINA TENANT JOINDER AND CONSENT Island Gardens Deep Harbour, LLC hereby joins and consents to this Agreement as of this i 6 day of ,11.7OUem el , 2022. ISLAND GARDENS DEEP HARBOUR, LLC, a Delaware limited liability company By: Name: Eri'Simonton, Vice resident Date: ///6j12, City of Miami 36-inch WM Page 12 of 16 FLAGSTONE JOINDER AND CONSENT Flagstone Island Gardens, LLC hereby joins and consents to this Agreement as of this i day of 0(1 , 2022. FLAGSTONE ISLAND GARDENS, LLC, a Delaware limited liability company FLAGSTONE DEVELOPMENT CORPORATION, a Delaware corporation, its Manager By: - Name: Title: City of Miami 36-inch WM Page 13 of 16 RETAIL TENANT JOINDER AND CONSENT Island Gardens Retail Experience, LLC hereby joins and consents to this Agreement as of this I4' 'day of ti O 1 /( , 2022. ISLAND GARDENS RETAIL EXPERIENCE, LLC, a Delaware limited liability company FLAGSTONE ASSET MANAGEMENT, LLC, a Delaware corporation, its Manager By: Name: Title: City of Miami 36-inch WM Page 14 of 16 PARKING TENANT JOINDER AND CONSENT Island Gardens Parking Structures, LLC hereby joins and consents to this Agreement as of this ,1 day of NOVOthSell,, 2022. ISLAND GARDENS PARKING STRUCURES, LLC, a Delaware limited liability company FLAGSTONE ASSET MANAGEMENT, LLC, a Delaware co . oration, its Manager By: Name: Title: Nc ho►lke •t)u,(<PkSvc. City of Miami 36-inch WM Page 15 of 16 MASTER ASSOCIATION JOINDER AND CONSENT Island Gardens Master Association, Inc. hereby joins and consents to this Agreement as of this I e day of Obirem, 2022. ISLAND GARDENS MASTER ASSOCIATION, INC., a Florida Not for Profit Corporation By: Name: Title: ri) o►.t'h12 l:0 0 L.c.LeA- — S o ;cz ecit-tr'/ 5 ec-fe'tzr rc-t City of Miami 36-inch WM Page 16 of 16 EXHIBIT A Summary Report Property Information Folio: 01-3231-061-0030 Property Address: Owner CITY OF MIAMI DEPT OF P&D ASSET MANAGEMENT DIVISION Mailing Address 444 SW 2 AVE 4325 MIAMI, FL 33130-1910 PA Primary Zone 8002 PARKS & RECREATION Primary Land Use 8040 VACANT GOVERNMENTAL : MUNICIPAL Beds1Baths 1Half 010/0 Floors 0 Living Units 0 Actual Area 0 Sq.Ft Living Area 0 Sq.Ft Adjusted Area 0 Sq.Ft Lot Size 72,940 Sq.Ft Year Built 0 Assessment Information Year 2022 2021 2020 Land Value $2,188,200 $2,188,200 $2,188,200 Building Value $0 $0 $0 XF Value $0 $0 $0 Market Value $2,188,200 $2,188,200 $2,188,200 Assessed Value $187,892 $170,811 $155,283 Benefits Information Benefit Type 2022 2021 2020 Non -Homestead Cap Assessment Reduction $2,000,308 $2,017,389 $2,032,917 Note: Not all beneti s are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description WATSON ISLAND SOUTHWEST PB 166-11 T-21420 TRACT C LOT SIZE 72940 SQ FT MIL FAU 01 3132 000 0010 & 0012 Generated On : 11/16/2022 Taxable Value Information 2022 2021 2020 County Exemption Value $0 $0 $0 Taxable Value $187,892 $170,811 $155,283 School Board Exemption Value $0 $0 $0 Taxable Value $2,188,200 $2,188,200 $2,188,200 City Exemption Value $0 $0 $0 Taxable Value $187,892 $170,811 $155,283 Regional Exemption Value $0 $0 $0 Taxable Value $187,892 $170,811 $155,283 Sales Information Previous Sale Price OR Book -Page Qualification Description The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http:/lwww.miamidade.govlinfo/disclaimer.asp Version: EXHIBIT A d Itlsl:,„..I 7 t ' i — s� �,y 11 t! iJl� I I Is .\;; I �'i it •l 11 ;1�4 I (, ,, j • I ,1 H �1..;;� 1,1-, Summary Report Property Information Folio: 01-3231-000-0030 Property Address; Owner CITY OF MIAMI Mailing Address 444 SW2 AVE 3FL MIAMI, FL 33130 PA Primary zone 8000 COMMUNITY FACILITIES Primary Land Use 2061 AIRPORT/TERMINAL. DR MARINA : AIRPORT/TERMINAL OR MARINA Beds 1 Baths i Half 0/0/0 Floors 0 Living Units 0 Actual Area 0 Sq.Ft Living Area 0 Sq.Ft Adjusted Area 0 Sq.Ft Lot Size 581,656 Sq.Fi Year Built 0 Assessment Information Year 2022 2021 2020 Land Value $581,656 $581,656 $581,656 Building Value $7,918,344 $7,538,344 $7,068,344 XF Value $0 $0 $0 Market Value $8,500,000 $8,120,000 $7,650,000 Assessed Value $6,166,647 $5,608,043 $5,096,403 Benefits information Benefit Type 2022 2021 2020 Non•Hamestead Cap Assessment Reduction $2,333,353 $2,513,957 $2,553,597 Note: Not all benefits are applicable to all Taxable Values (I,e. County, School Board, City, Regional), Short Legal Descriplion 31 5342 13.353 AC M/L BEGAT NW COR OF TR B OF WATSON ISLAND SOUTHWEST PB 166-11 TH S 17 DEG E 924.70FT S 49 DEG W 550.92FT N 31 DEG W 428.44FT Generated On : 10/11/2022 Taxable Value Information 2022 2021 2020 County Exemption Value $0 $0 $0 Taxable Value $6,160,647 $5,606,043 $5,096,403 School Board Exemption Value so $0 $0 Taxable Value $8,500,000 $8,120,000 $7,650,000 City Exemption Value $0 $0 $0 Taxable Value - $6,166,647 $5,606,043 $5,096,403 Regional Exemption Value $0 $0 $0 Taxable Value $6,166,647 $5,606,043 $5,096,403 Sales information Previous Sale Price OR Book -Page Qualification Description The Office of !ha Properly Appraiser Is continually editing and updating Ilia lax roll. This webslle may not reflect the most current Information on record. The Property Appraiser and Mlanrl-Dade County assumes no Ilabllity, see cull disclaimer and User Agreement al htlp://www.miernidade.goy/Infeirlisolaimer.asp Version: EXHIBIT A !_l I il`I II- ! II 1-111 j110�'LJ 1LiIII Summary Report Property Information Folio: 01-3231.091-0040 Property Address: 980 MACARTHUR GSM Mlaml, FL 33132.0000 Owner CITY OF MIAMI DEPT OF P&O ASSET MANAGEMENT DIVISION Malting Address 444 SW 2 AVE 11325 MIAMI, FL 33130-1910 PA Primary Zone 8002 PARKS & RECREATION Primary Land Use 8940 MUNICIPAL: MUNICIPAL Beds 1 Baths I Half 0/0/0 Floors 2 Living Units 0 Actual Area Sq.Ft Living Area Sq.Ft Adjusted Area 67,981 Sq.Ft Lot Size B02,008 Sq.Ft Year Built Multiple (See Building Info) Assessment Information Year 2022 2021 2020 Land Value $24,050,240 $24,050,240 $24,060,240 Building Value $8,775,866 $7,614,775 $7,006,796 )(F Value $874,658 $884,835 $894,509 Market Value $33,710,752 $32,759,850 $32,881,645 Assessed Value $19,600,157 $17,727,416 $10,115,833 Benefits Information Benefit Type 2022 2021 2020 Non- Homestead Cap Assessment Reduction $14,210,595 $15,032,404 $16,745,712 Municipal Exemption $19,500,157 $17,727,416 $16,115,853 Note: Not ali benefits are applicable o all Taxable Values (I.e. County, School Board, City, Regional). Short Legal Description WATSON ISLAND SOUTHWEST PU 166-11 T-21420 TRACT D LOT SIZE 802008SQ FT MIL EAU 01 3132 000 0010 & 0012 Generated On : 9/2812022 Taxable Value Information 2022 2021 2020 County Exemption Value $19,600,157 $17,727,416 $18,115,833 Taxable Value $0 $0 $0 School Board Exemption Value $33,710,752 $32,759,550 $32,861,545 Taxable Value $0 $0 $0 City Exemption Value $19,500,157 $17,727,416 $15,115,833 Taxable Value $0 $0 $0 Regional Exemption Value $19,500,157 $17,727,416 $16,115,833 Taxable Value $0 $0 $O Sales Information Previous Sale Price OR 6001t-Page Qualification Description The Office. or the Property Appraiser Is continually editing and updating the lax roll. Th1 wobstle may not reflect the most current Information on record. The Properly Appraiser end Miami -Palo County assumes no liability, see full disclaimer and User Agreement el blip:!nmy.mlamldada.govl1nto/disorarmer asp Version: EXHIBIT B This instrument prepared by (and after recording return to): Name: Victoria Mendez Address: Office of the City Attorney City of Miami 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130 Folio No. 01-3231-061-0040 Folio No. 01-3231-000-0030 GRANT OF EASEMENT THIS GRANT OF EASEMENT (hereinafter called "EASEMENT"), made this day of , 2022, between THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called "GRANTOR"), and MIAMI-DADE COUNTY, a political subdivision of the State of Florida, whose mailing address is c/o Miami -Dade Water and Sewer Department, P.O. Box 330316, Miami, FL 33233-0316, (hereinafter called "GRANTEE") (collectively, GRANTOR and GRANTEE referred to herein as the "Parties"). WITNESSETH: THAT the GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE, its successors and assigns, forever, an easement for the exclusive right and privilege of constructing and operating a 36-inch water main ("FACILITIES") on and within the property of the GRANTOR, shown and legally described on EXHIBIT "A" attached hereto and made a part hereof ("EASEMENT AREA"), including but not limited to, the right to construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove and inspect the FACILITIES, and all appurtenant equipment thereto, including, but not limited to, fire hydrants, and/or water transmission and distribution facilities and all appurtenant equipment, with the right to remove or demolish, with no obligation to repair or replace same, any obstructions placed on the easement, including pavers, or similar obstructions that may extend up to twenty-five (25) feet vertically above the finished grade over the easement, as may be necessary to carry out any Right granted herein, Folio No. 01-3231-061-004/001-3231-061-0040 Page 1 of 6 with the full right of ingress thereto and egress therefrom on the express condition that it is used for the express purposes provided herein. The FACILITIES shall be substantially as provided in the attached EXHIBIT "A". The GRANTEE shall regulate the installation and future operations of the FACILITIES so as not to conflict with normal operations of the GRANTOR; however, the GRAN FEE shall have full right to enter upon the EASEMENT AREA at any time when normal operations or emergency repairs of the FACILITIES are required. Subject to the limitations of Section 768.28, Florida Statutes, by acceptance of this instrument, the GRANTEE agrees to indemnify and hold harmless the GRANTOR from any and against all suits, claims, judgments, and all loss, damage, costs or charges, including attorney's fees and court costs, arising directly or indirectly from the installation, maintenance, repair, use or existence of the FACILITIES within the EASEMENT AREA, The GRANTEE acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes. This indemnification shall survive any cancellation or release of this EASEMENT. The GRANTEE shall provide to the GRANTOR a letter of self-insurance approved by the GRANTOR'S Risk Management Department. Any contractors utilized by the GRANTEE in connection with activities undertaken in this EASEMENT shall: (1) indemnify the GRANTOR and the GRANTEE for the negligent acts or omissions of the contractor and its subcontractors in connection with any activities undertaken on the EASEMENT AREA, and (2) obtain and provide to the GRANTOR a certificate of insurance in accordance with EXHIBIT "B" attached hereto, The GRANTOR shall be given written notice and the opportunity by the GRANTEE to attend all preconstruction meetings on installation work of the FACILITIES within the EASEMENT AREA and shall be notified in writing well in advance of the actual start of construction within the EASEMENT AREA. It is further understood and agreed by and between the Parties hereto that the GRANTOR reserves for itself, its heirs and assigns, all other rights not specifically granted herein, including but not limited to, the right to construct streets, cross and recross said EASEMENT AREA. The GRANTEE shall be held responsible for any damage to adjacent property as a result of the installation and future operation of the FACILITIES, and further, shall restore asphalt, pavement, concrete sidewalks, curb and gutter, and grass and landscaping to a Folio No. 01-3231-061-0O40/01-3231-000-0030 Page 2 of 6 condition the same or better than the existing condition at the completion of the construction of the FACILITIES. The GRANTEE during the course of installation and future operation of the FACILITIES shall not encroach beyond the boundaries of the EASEMENT AREA or any other easement that may be granted by the GRANTOR. Should this EASEMENT be abandoned or discontinued by law or otherwise, or no longer be of use for the purposes provided herein, or if the GRANTEE does not comply with any tarn, covenant or condition of this instrument, then this EASEMENT shall automatically cease and revert with the right of immediate possession and right of entry to the GRANTOR or its successors in interest. The GRANTOR does hereby affirm that it has full power and authority to grant this EASEMENT, and the GRANTEE accepts the property in "as is" condition. All notices or other communications will be deemed to have been given and received: (i) upon receipt if personally delivered; (ii) on the transmission date for facsimile and email communications if such transmission was made on a business day, or if not, then on the next business day, if such transmission is error -free; or (iii) three (3) business days after posting in the U.S. Mail for any communication that is sent by first class U.S. mail or certified mail and addressed to: TO GRANTEE: Miami -Dade County Director Department of Water and Sewer P.O. Box 330316 Miami, Florida 33233-0316 TO GRANTOR: CITY OF MIAMI City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 WITH COPIES TO: City of Miami City Attorney 444 SW 2 Avenue, Suite 945 Miami, FL 33130 WITH COPIES TO: Miami -Dade County Chief, lntergovernrnental Affairs Department of Water and Sewer 3071 SW 38 Avenue, Room 152 Miami, Florida 33146 City of Miami Director of Real Estate and Asset Management 444 SW 2 Avenue, Suite 325 Miami, FL 33130 Folio No. 01-3231-061-0040/01-3231-000-0030 Page 3 of 6 or to such other address as any party may designate by notice complying with the terms of this paragraph. Any disputes between the Parties under this instrument will be resolved in accordance with the Florida Governmental Conflict Resolution Act, Ch. 164, Fla. Stat., as amended from time to time. This EASEMENT may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the Party whose name is contained therein. Any Party providing an electronic signature agrees to promptly execute and deliver to the other Parties an original signed Agreement upon request. [Signatures appear on next page] Folio No. 01-3231--061-0040/01-3231-000-0030 Page 4 of 6 IN WITNESS WHEREOF, the GRANTOR herein has caused these presents to be executed in its name on the day and year first above written. Attestation of this EASEMENT by the City Cleric shall constitute evidence of approval by the City of Miami, CITY OF MIAMI, a municipal corporation of the State of Florida Arthur Noriega V City Manager ATTEST: Todd B. Hannon City Clerk Approved as to Form and Approved as to Insurance Legal Sufficiency: Requirements: Victoria Mendez City Attorney Ann -Marie Sharpe Risk Management Director Folio No. 01-3231-061-0040/01-3231-000-0030 Page 5 of 6 IN WITNESS WHEREOF, the GRANTEE, by its County Mayor or County Mayor's designee, has caused the easement to be accepted and delivered on this day of , 2022. ATTEST: Harvey Ruvin, Clerk of the Board, MIAMI-DADE COUNTY, By: By: Deputy Clerk County Mayor Approved as to Form and Legal Sufficiency: Assistant County Attorney Folio No. 01-3231-061-0040/01-3231-000-0030 Page 6 of 6 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR TEMPORARY EASEMENT "A" MIAMI—DADE COUNTY SEC.31--TWN.53S—RGE.42E SEC.6 —TWN. 54S—RGE.42E SISCAYNE SAY SURVEYOR NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE' NOT VAUD WITHOUT THE SIGNATURE ANT) THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS 'SKETCH & LEGAL DESCRIPTION" HAS BEEN PREPARED FOR THE EXCLUSIVE USt OF THE ENTITIES NAMED HEREON. 4. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENT(S) OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY 5. BEARINGS ARE BASED ON AN ASSUMED MER101AN, WHERE THE EASTERLY LINE AS SHOWN IN PH 154, PG 37 "MARITIME ARENA" BEARS NOl 59'30"W. ALL DISTANCES AS SHOWN ARE BASED ON T71E US SURVEY FOOT 6. SURVEY REFERENCES (ALL FROM A11AMI-DAD£ PUBLIC RECORDS): v. PLAT BOOK 154, PAGE 37 b. DEED 800/( 3134 PAGE 257 c. PLAT BOOK 166, PAGE 11 7. SINCE NO OTHER INFORMATION WAS FURNISHED OTHER THAN WHAT IS CITED IN RENAY BE LEGAL STR� 710NS ON THE SUBJECTI PROPERTY ADVISEDRCES OF DATA, 77IE CLT ISETHAT ARE NOT SHOWVRE ON THIS SKE CH OR CONTAINED WITHIN THIS REPORT THAT MAY HE FOUND IN THE PUBLIC RECORDS OF UMW-DADE COUNTY, FLORIDA. I HEREBY CERTIFY 71iAT THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PERFORMED UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF /1Y KNOWLEDGE AND BELIEVE AND FURTHER, AT SAID SKETCH MEETS • THE STANDARDS OFPRACACE FOR LF THE APPLICABLE PROVISIONS SUI?Vn7NG IN THE STATE TATE OF FLORIDA PURSUANT TO RULE 51.1-17, FLORIDA ADMlN/STRA77VF CODE AND 17S IMPLEMENTING LAW CHAPTER 472.027 OF THE FLORIDA STATUTES; OS Ii1MIsTA,r Professional Surveyor and Mapper State of Florida — License No, 6777 3516 S+sLe Jemei;Xd; IRlBml, FL 3314¢ •',NASD (MO t96 NOT VALID WITHOUT 'MX. DLICNATAin IAD Tug OMIG/NAL IIMSED SEAL OF A UCSNS/Oir' • I ,) Imv'EYOS AND 1JAPPBR 'EXHIBIT • THIS DOCUNMENT 1S NOT VALID WITHOUT ALL SHEETS NOT Kl SCALE ABBREVIATIONS: (0) -- DEED (C) - CALCULATED (R) = RECORD (M) ; MEASURED ORD - OFFICIAL RECORDS 8001( P9 = PLAT BOOK PG - PAGE PO9= POINT OF BEGINNING POC POINT OF COMMENCEMENT POT=POINT OF TERMINATION IL'= PROPERTY LINE N. T S. =NOT TO SCALE THIS IS NOT A BOUNDARY SURVEY WATSON ISLAND SOUTH TEMPORARY CONSTRUCTION EASEMENT "A" MIAMI—DADE COUNTY, FLORIDA MIAMI—DADE WATER AND SEWER DEPARTMENT DATE: OCTOBEE 14 2022 DRAWN BY; A.R. SCALE; N.T.S, 8-477 1 of 6 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR TEMPORARY EASEMENT "A" MIAMI-DADE COUNTY SEC.31--TWN.53S-RGE.42E SEC.6-TWN.54S-RGE.42E - -EXHIBIT 'A'... ---- - - THIS DOCUIVIENT IS NOT VALID WITHOUT ALL SHEETS CREAK DESCRIPTION FOR TEMPORARY EASEMENT "A": A STRIP OF LAND FIFTEEN (15) FEET IN WIDTH CONTAINED IN THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA TO CITY OF MIAMI RECORDED IN BOOK 3130, PAGE 257 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY FLORIDA, BEING A PORTION OF THE SUBMERGED LANDS, SANDBARS, MARSH AND 0THER LANDS BEING IN 81SCAYNE BAY, IN SECTION 31, TOWNSHIP 53 SOUTH, RANGE 42 EAST AND IN SECTION 6, TOWNSHIP 54 SOUTH, RANGE 42 EAST IN M/AA4/—DADE COUNTY, FLORIDA, AND ALSO BEING A PORTION OF TRACT V" OF WATSON ISLAND SOUTHWEST, ACCORDING TO THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK 166, PAGE 11 OF THE PUBLIC RECORDS OF MIAM1—DADS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE SOUTHEAST CORNER OF MARITIME ARENA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 154, PAGE .77 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; THENCE NORTH 01'5930" WEST ALONG THE EASTERLY LINE OF SAID PLA WHICH 15 ALSO THE DADE COUNTY BULKHEAD HATE AS PER PLAT BOOK 74, PAGE 18 A DISTANCE OF 238.72 FEET TO THE POINT OF ESEG/NNING• THENCE NORTH 63'1734" EAST, A DISTANCE" OF 2,587. 48 FEET TO A POINT ON THE WESTERLY LINE OF SAID TRACT 0 ",• THENCE NORTH 72 47'45" EAST, A DISTANCE OF 249.81 FEET TO THE POINT OF TERMINATION, THE SIDE LINES OF THE EASEMENT ARE TO BE LENGTHENED OR SHORTENED AT ANGLE POINTS AND INTERSEC77ON POINTS TO FORM A CONTIGUOUS STRIP OF LAND ALONG THE ROUTE DESCRIBED AND TO TERMINATE ON THE WEST AT THE EASTERLY BOUNDARY LINE OF SAID PLAT OF MARITIME ARENA AND TO TERMINATE ON THE EAST AT A LINE THA T PASSES THROUGH THE POINT OF TERMINATION WITH A BEARING OF SOUTH 1728'00" EAST. CONTAINING 42,559, 448 SQUARE FEET OR 0.977 ACRES, MORE OR LESS. KEY MAP: N.T.S. z 4 SHEET 3 0)504. JQSf' R, BATISTA, P.5.Af. Professlo al Surveyor end ,Mappr State of Florida 8777 3575 S..Le-deune Rd. ml; Ti. ' 33146 4IAS0, (7 . �� >3 NI. --.51 Da NOT VALID WITHOUT '!'I E 11ktilin111:S,'ATl0 THE ORIGINAL RAISER SEAL OF A LICENSED FLORIDA SURVEYOR AN!) MAI'PIIR SHEET 6 MATCH LINE MATCH LINE SHEET 6 THIS IS NOT A BOUNDARY SURVEY WATSON ISLAND SOUTH TEMPORARY CONSTRUCTION EASEMENT "A" MIAMI-DADE COUNTY, FLORIDA MIAMI--DADE WATER AND SEWER DEPARTMENT DATE: OCTOBER 14 2022 SCALE: N.T.S. DRAWN BY: A,R. S-477 2 of 6 NOT TO SCALE SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR TEMPORARY EASEMENT "A" MIAMI-DADE COUNTY SEC . 31--TWN.53S-RGE.42E SEC, 6--TWN.54S-RGE.42E 35' TRACT 'B" PB 754, pa J7 NOR7N - — -TORE D_�IVE N87 43'02 "E 21„ . �. — NOR THERL Y PORT RIGHT=OF WAY LINE ®t/LE'VAPF PORT BOULEVARD JOSE R. BATISTA, P.S.M. Profdasiauol Surveyor anji Mapper State of florfda 'No, 77' 3575 S,,Le Jeunu Rd, Migml,'FL-= NOT VALID ITHOIUT THNI[GNA�SUiiR7i4ND THE ORIGINAL RAISED SBAt 01' A UCENSED WARM SURVEYOR AND MAPPER 35' WOT 59 3O"W 238_72' EXHIBIT `A' -----THIS l»iFC[7MENT'I .._ NOT VALID WITHOUT ALL SHEETS BISCA YNB BAY POB N63'17'34 "E 2587..48' B/SCA YNE BAY DADE COUNTY BULKHEAD LINE AS PER PR 74, PG, 18 (EASTERLY LINE OF P.B. 154, PG. 37) SOUTHEAST CORNER OF MARITIME ARENA (Pa 154, PG. 37) THIS IS NOT A BOUNDARY SURVEY CONTINUED SHEET P-4 WATSON ISLAND SOUTH TEMPORARY CONSTRUCTION EASEMENT "A" MIAMI—DADE COUNTY, FLORIDA MIAMI—DADE WATER AND SEWER DEPARTMENT DATE: OCTOBER 14 2O72 SCALE: N.T.S. DRAWN BY: A,R. S-477 3 of 6 NOT TO SCALE 7 P SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR TEMPORARY EASEMENT "A" MIAMI-DADE COUNTY SEC.31-TWN.53S-RGE.42E SEC.6-TWN.54S-RGE.42E BISCA YNE BAY N65'17'34 "E 2587 JOKE-- R. BATISTA, P.S.M, Professional Surveyor and Mapper State �f Fcarlda �laarao.ihfo, 6777. 3575 S.I.e,Jeuno Rd Miami, FL 33145-.1Y6`f0 (7 ) i":'196• Dote; a f N• A • • i'ar14i~ NAL RAISED NOT YAM ON A LICENSED PJOINDA RAND TM GI VRYOR ANDMAPY13R EXHIBIT 'A' THIS DOCUMENT 1S NOT VALID WITHOUT ALL SHEETS 0 i z z z 0 0 BISCA YNE BAY THIS IS NOT A BOUNDARY SURVEY WATSON ISLAND SOUTH TEMPORARY CONSTRUCTION EASEMENT "A" MIAMI—DADE COUNTY, FLORIDA MIAMI—DADE WATER AND SETTER DEPARTMENT DATE: OCTOBER 14 2022 DRAWN BY: A.R. SCALE: N.T.S. 8-477 4 of NOT TO SCALE a. Z 0 0 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR TEMPORARY EASEMENT "A" MIAMI-DADE COUNTY SEC.31-TWN.53S-RGE.42E SEC.6-TWN.54S-RGE.42E BISCA YNE BAY / EXHIBIT THIS DOCUMENT IS NOT VALID WITHOUT ALL SHEETS / BISCA YNE BAY JOSE.: R, 'DA IS%A, Professional Surveyor and Mapper State 'of Florida — Moose .No, 6717 3576.5. Le Jeura111d, Wald, 33146 'NASD (70. / 66 Dofa:•:; ,... ,t.�..,Z2' NOT VALID 111THOV7' 71 ; 1411A'rrllat-- 3yll TILE °Mani L RAMO sun OP A IIMNSED IIRRI �#; ORVBYOR AND mAYPBR N6377'34 "E 2587.48' THIS IS NOT A BOUNDARY SURVEY / a w x N Ld w z S WATSON ISLAND SOUTH TEMPORARY CONSTRUCTION EASEMENT "A" MIAMI—DADE COUNTY, FLORIDA MIAMI—DADE WATER AND SEWER DEPARTMENT DATE; OCTOBER 14 2022 DRAWN BY: A.R. SCALE: N.T,S. S 477 6 of NOT TO SCALE i SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR TEMPORARY EASEMENT "A" MIAMI-DADE COUNTY SEC.31--TWN.53S-RGE.42E SEC,6-TWN.54S--RGE.42E TRACT "A" (PB 166, PG.10 TRACT 'V" (PB. 166, PG. 11) BOOK 3130-257 DEED 19447 FOLIO Na, ,.- 01-3231-000--0030 „✓ -N72 47'45 "E 249,81' 1�WESTERLY LINE 1 OF TRACT "D" N63 °17'34'E 2587.48' BISCA YNE BAY r JOSE IT. BATISTA, P.S,H, PrafassConal', Surveyor and Mapper • State of Florida — Iaognst W. 7?7 3575 S;.t .Jenne rd, Miefnl, FL 33146 Da • te:- 4 )I .� :yi- AND THE RAISED SEAL OFLICENSED NOT VALID 111T1101)T TOD3sFLORIDA' SURVEYOR ANDOINAL MAPPJip FRACT "G" (P8 166, Pall) TRACT 'V " PB 66, PG. 11) EXHIBIT `A' TI.115 DOCUMENT IS NOT VALID WITHOUT ALL SHEETS S17 28'00 "E POT THIS IS NOT A BOUNDARY SURVEY WATSON ISLAND SOUTH TEMPORARY CONSTRUCTION EASEMENT "A" MIAMI--DADE COUNTY, FLORIDA MIAMI—DADE WATER AND SEWER DEPARTMENT DATE: OCTOI3ER 14 2022 DRAWN BY; A.R. SCALE: N,T,S. S-477 6 of 6 EXHIBIT "B" INSURANCE REQUIREMVIENTS 1. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $2,000,000 General Aggregate Limit $4,000,000 Products/Completed Operations $2,000,000 Personal and Advertising Injury $2,000,000 B, Endorsements Required City of Miami, Flagstone, IGDH, IGRE, IGPS and Master Association listed as Additional Insureds Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement II. 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 $1,000,000 City of Miami, Flagstone, IGDH, IGRE, IGPS and Master Association listed as additional insureds III. Worlcer's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability 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 caused by disease, policy limit IV. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $2,000,000 Aggregate $2,000,000 City of Miami, Flagstone, IGDH, IGRE, IGPS and Master Association listed as additional Insureds. Coverage is excess follow form over the general liability and auto policies The above policies shall provide the City of Miami, Flagstone, Marina Tenant, Retail Tenant, Parking Tenant and Master Association 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. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the Iatest 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. EXHIBIT C This instrument prepared by (and after recording return to): Name: Victoria Mendez Address: Office of the City Attorney City of Miami 444 SW 2nd Avenue, 0»z Floor Miami, Florida 33130 Folio No. 01-3231-061-0040 Folio No. 01-3231-000-0030 GRANT OF EASEMENT TFIIS GRANT OF EASEMENT (hereinafter called "EASEMENT"), made this day of , 2022, between THR CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called "GRANTOR"), and MIAMI-DADE COUNTY, a political subdivision of the State of Florida, whose mailing address is c/o Miami -Dade Water and Sewer Department, P.O. Box 330316, Miami, FL 33233-0316, (hereinafter called "GRANTEE") (collectively, GRANTOR and GRANTEE referred to herein as the "Parties"). WITNESSETII: THAT the GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE, its successors and assigns, forever, an easement for the exclusive right and privilege of constructing and operating a 36-inch water main ("FACILITIES") on and within the property of the GRANTOR, shown and legally described on EXHIBIT "A" attached hereto and made a part hereof ("EASEMENT AREA"), including but not limited to, the right to construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove and inspect the FACILITIES, and all appurtenant equipment thereto, including, but not limited to, fire hydrants, and/or water transmission and distribution facilities and all appurtenant equipment, with the right to remove or demolish, with no obligation to repair or replace same, any obstructions placed on the easement, including pavers, or similar obstructions that may extend up to twenty-five (25) feet vertically above the finished grade over the easement, as may be necessary to carry out any right granted herein, Folio No. 01-3231-061--004/001-3231-061-0040 Page 1 of 6 with the full right of ingress thereto and egress therefrom on the express condition that it is used for the express purposes provided herein. The FACILITIES shall be substantially as provided in the attached EXHIBIT "A", The GRANTEE shall regulate the installation and future operations of the FACILITIES so as not to conflict with normal operations of the GRANTOR; however, the GRANTEE shall have full right to enter upon the EASEMENT AREA at any time when normal operations or emergency repairs of the FACILITIES are required, Subject to the limitations of Section 768.28, Florida Statutes, by acceptance of this instrument, the GRANTEE agrees to indemnify and hold harmless the GRANTOR from any and against all suits, claims, judgments, and all loss, damage, costs or charges, including attorney's fees and court costs, arising directly or indirectly from the installation, maintenance, repair, use or existence of the FACILITIES within the EASEMENT AREA. The GRANTEE acknowledges its liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes. This indemnification shall survive any cancellation or release of this EASEMENT, The GRANTEE shall provide to the GRANTOR a letter of self-insurance approved by the GRANTOR'S Risk Management Department. .Any contractors utilized by the GRANTEE in connection with activities undertaken in this EASEMENT shall: (I) indemnify the GRANTOR and the GRANTEE for the negligent acts or omissions of the contractor and its subcontractors in connection with any activities undertaken on the EASEMENT AREA, and (2) obtain and provide to the GRANTOR a certificate of insurance in accordance with EXHIBIT "B" attached hereto. The GRANTOR shall be given written notice and the opportunity by the GRANTEE to attend all preconstruetion meetings on installation work of the FACILITIES within the EASEMENT AREA and shall be notified in writing well in advance of the actual start of construction within the EASEMENT AREA, It is further understood and agreed by and between the Parties hereto that the GRANTOR reserves for itself, its heirs and assigns, all other rights not specifically granted herein, including but not limited to, the right to construct streets, cross and recross said EASEMENT AREA. The GRANTEE shall be held responsible for any damage to adjacent property as a result of the installation and future operation of the FACILITIES, and further, shall restore asphalt, pavement, concrete sidewalks, curb and gutter, and grass and landscaping to a Folio No. 01-3231-061-0040/01-3231-000-0030 Page 2 of 6 condition the same or better than the existing condition at the completion of the construction of the FACILITIES. The GRANTEE during the course of installation and :future operation of the FACILITIES shall not encroach beyond the boundaries of the EASEMENT AREA or any other easement that may be granted by the GRANTOR. Should this EASEMENT be abandoned or discontinued by law or otherwise, or no longer be of use for the purposes provided herein, or if the GRANTEE does not comply with any term, covenant or condition of this instrument, then this EASEMENT shall automatically cease and revert with the right of immediate possession and right of entry to the GRANTOR or its successors in interest. The GRANTOR does hereby affirm that it has full power and authority to grant this EASEMENT, and the GRANTEE accepts the property in "as is" condition. All notices or other communications will be deemed to have been given and received: (i) upon receipt if personally delivered; (ii) on the transmission date for facsimile and email communications if such transmission was made on a business day, or if not, then on the next business day, if such transmission is error -free; or (iii) three (3) business days after posting in the U.S. Mail for any communication that is sent by first class U.S. mail or certified mail and addressed to: TO GRANTEE: Miami -Dade County Director Department of Water and Sewer P.O. Box 330316 Miami, Florida 33233-0316 TO GRANTOR: CITY OF MIAMI City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 WITII COPIES TO: City of Miami City Attorney 444 SW 2 Avenue, Suite 945 Miami, FL 33130 WITH COPIES TO: Miami -Dade County Chief, Intergovernmental Affairs Department of Water and Sewer 3071 SW 38 Avenue, Room 152 Miami, Florida 33146 City of Miami Director of Real Estate and Asset Management 444 SW 2 Avenue, Suite 325 Miami, FL 33130 Folio No. 01-3231-061-0040/01-3231-000-0030 Page 3 of 6 or to such other address as any party may designate by notice complying with the terms of this paragraph. Any disputes between the Parties under this instrument will be resolved in accordance with the Florida Governmental Conflict Resolution Act, Ch. 164, Fla. Stat., as amended from time to time, This EASEMENT may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together • constitute but one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the Party whose name is contained therein. Any Party providing an electronic signature agrees to promptly execute and deliver to the other Parties an original signed Agreement upon request. [Signatures appear on next page] Folio No. 01-3231-061-0040/01-3231-000-0030 Page 4 of 6 IN WITNESS WHEREOF, the GRANTOR herein has caused these presents to be executed in its naive on the day and year first above written. Attestation of this EASEMENT by the City Clerk shall constitute evidence of approval by the City of Miami. CITY OF MIAMI, a municipal corporation of the State of Florida Arthur Noriega V City Manager ATTEST: Todd B. Hannon. City Clerk Approved as to Form and Approved as to Insurance Legal Sufficiency: Requirements: Victoria Mendez City Attorney Ann -Marie Sharpe Risk Management Director Folio No. 01-3231-061-0040/01-3231-000-0030 Page 5 of 6 11NN WITNESS WHEREOF, the GRANTEE, by its County Mayor or County Mayor's designee, has caused the easement to be accepted and delivered on this day of ; 2022. ATTEST: Harvey Ruvin, Clerk of the Board, MIAIVI[-DADE COUNTY, By: By: Deputy Clerk County Mayor Approved as to Form and Legal Sufficiency: Assistant County Attorney Folio No. 01-3231-061-0040/01-3231-000-0030 Page 6 of 6 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR TEMPORARY EASEMENT "13" MIAMI--DADS COUNTY SEC,31-TWN,53S-RGE.42E VENETIAN CSWY MACARTHUR CSWY SECTION 3 1 —53-42 i ROJECT LOCATION SECTION /6-54-42 WATSO PARK SURVEYOR NOTES; 1. REPRODUCIJONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS 'SKETCH & LEGAL DESCRIPTION" HAS BEEN PREPARED FOR 771E EXCLUSIVE USE OF THE ENT77TES NAMED HEREON 4. DATA SHOWN HEREON WAS COMPILED FROM INS77UMENT(S) OF RECORD AND DOES NOT CONS777U75 A BOUNDARY SURVEY 5- BEARINGS ARE BASED ON AN ASSUMED MERIDIAN, WHERE THE SOUTHWESTERLY BULKHEAD LINE AS SHOWN IN PB. 166, PG 1! BEARS N.1.772'21"W ALL DISTANCES AS SHOWN ARE BASED ON THE US SURVEY FOOT. 6. SURVEY REFERENCES (ALL FROM MIAMI-DADS PUBLIC RECORDS), o. PLAT BOOK 1661 PAGE 11 Z SINCE NO OTHER INFORMATION WAS FURNISHED 0171ER THAN WHAT IS CITED IN THE SOURCES OF , THETHAT WERE MAY BE LEGAL RESTRIC7IONS ON DATA MESUBJECT/ PROPERTY THAT ARET IS HERBYENOT SHOWN ON THIS SKETCH OR CONTAINED WIAIIN THIS REPORT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA, I HEREBY CER77FY THAT 77113 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PERFORMED UNDER MY DIRECTION AND 1S TRUE AND CORRECT TO THE BEST OF MY KNOIi4.E0CE AND BELIEVE AND FURTHER, 77MT SAID SKETCH MEETS THE INTENT OF THE APPLICABLE PROVISIONS OF THE STANDARDS OF PRACTICE 'FOR LAND SURVEYING IN THE STA7E OF FLORIDA PURSUANT TO.R'l1LE: J7F7,• FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTING_ 'L' (Y, _• GY(ARTER., 472,027 OF 711E FLORIDA STATUTES. • - f JgS'E1, BATISTA, P,S.M, Profe80 nei. Surveyor and Mapper " Stole of :Florida — 6777. 3575 s;.I~o, ;hone itd. 1lfamf FL . 33146 WA? U„ (78 )! .4€'r` '1'96 Date:* •�..�?d22 NOT VALID WITHOUT TAB `' fli7,iAWRIVAND THE ORIGINAL RM BD BEAT, DID A LICENSED FLORTTDDA SURVEYOR AND )4APPER BISCAYNE ISGANI?�/ SECTION 52-53--42 SECTION 5-54-42 EXHIBIT 'A' THIS DOCUMENT IS NOT VALID WITHOUT ALL SHEETS NOT TO SCALE A]3BREVIATIONS: (o) = DEED (C) = CALCULA7E0 (R) = RECORD (41) = MEASURED OR8 = OFFICIAL RECORDS BOOK P8 = PLAT BOOK PC = PAGE POB= POINT OF BEGINNING POC = POINT OF COMMENCEMENT FL'= PROPERTY LINE THIS IS NOT A BOUNDARY SURVEY WATSON ISLAND SOUTH (50'x47I.' TEMPORARY CONSTRUCTION EASEMENT "B") MIAMI—DADE COUNTY, FLORIDA MIAMI—MADE WATER AND SEWER DEPARTMENT DATE; OCTOBER 13, 2D22 SCALE: N.T.S. DRAWN BY: E,M.P. 8-470 1 of 4 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR TEMPORARY EASEMENT "B" MIAMI-DADE COUNTY SEC . 3 3. -- TW N. 5 3a •-RGE .42E EXHIBIT `A' THIS DOCUMENT IS NOT VALID WITHOUT ALL SHEETS LEGAL DESCRIPTION FOR TEMPORARY EASEMENT "B": A 50 FEET WIDE STRIP OF LAND IN PORTIONS OF TRACT ""' AND TRACT v" or WATSON ISLAND SOUTHWEST, ACCORDING TO THE PLAT THEREOF,, AS RECORDED IN PLAT BOOK 166 AT PAGE 11, OF THE PUBLIC RECORDS OF MIAMI--DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS PARCEL A PORTION OF TRACT C" OF WATSON ISLAND SOUTHWEST, ACCORDING TO THE PLAT THEREOF, AS RECORDED /N PLAT BOOK 166 A T PAGE 11, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST MOST SOUTHERLY POINT OF SAID TRACT "CT THENCE NORTH 5407'39" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT C ; A DISTANCE OF 6792 FEET TO THE POINT OF BEGINNING; THENCE NORTH 17'28'00" WEST, A DISTANCE OF 5.27 FEET, THENCE NORTH 540739" EAST ALONG A LINE PARALLEL W1711 AND 5.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID TRACT C; A DISTANCE OF 462.86 FEET TO A POINT ON 771E EASTERLY LINE OF SAID TRACT "C"; THENCE SOUTH 26 22'36" EAST ALONG THE EASTERLY LINE OF SAID TRACT C ; A DISTANCE OF 5.07 FEE1 THENCE SOUTH 540739" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 463,69 FEET TO THE POINT OF BEGINNING. CONTAINING 2, 31 5; 38 SQUARE FEET OR 0,0532 ACRES, MORE OR LESS, AND PARCEL '9" A PORTION OF TRACT "D"OF WATSON ISLAND SOUTHWEST ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 166 AT PAGE 11, OF THE PUBLIC RECORDS OF MIAMI--DADE COUNT • FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE WEST MOST SOUTHERLY POINT OF TRACT "C" OF WATSON ISLAND SOUTHWEST, THENCE NORTH 5407'39" EAST ALONG THE SOUTHERLY LINE OF' SAID TRACT "0', A DISTANCE OF 6792 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 5407'39" EAST ALONG SAID LINE, A DISTANCE OF 46369 FEET TO THE EAST MOST SOUTHERLY CORNER OF TRACT "0" OF SAID WATSON ISLAND SOUTHWEST PLAT, THENCE SOUTH 2622'36" EAST ALONG THE EASTERLY LINE OF SAID TRACT "YJ'; A DISTANCE OF 45.63 FEET; THENCE SOUTH 54 07'39" WEST ALONG A LINE PARALLEL WITH AND 45.00 FEET SOUTH OF SAID SOUTHERLY LINE OF SAID TRACT "0". A DISTANCE OF 471.14 FEET THENCE_ NORTH 17'28'00" WEST, A DISTANCE OF 4743 FEET TO THE POINT OF BEGINNING. CONTAINING 21, 0.J 3, 62 SQUARE FEET OR 0.4829 ACRES, MORE OR LESS FOR A TOTAL AREA OF 23,350 SQUARE FEET OR 0.536 ACRES, MORE OR LESS. J(1SE :R. IiATISIA, P.S.M. Prafeeslonyl Surveyor and Mop er:.. Stole of Florida - 1.199qw dip. 6777 3575 S. f_e•.Jeunei d, Mloml, F!. 3l48'.1,M50. (78B ?1 = 196... Date:: •rr ��i duu NOD DEAL. irlil#OEfT NERD 1t M A' UBYEYOR AND ND THE UAPPEE kAfS6D DEAL. 4I+ A I,lCBNSED fifiSS;;ctYY'T[iktDA� THIS IS NOT A BOUNDARY SURVEY WATSON ISLAND SOUTH (50'x47I' TEMPORARY CONSTRUCTION EASEMENT "B") MIAMI—DADE COUNTY, FLORIDA MIAMX--DADE WATER AND SEWER DEPARTMENT DATE: OCTOBER IS, 2022 SCALE: N.T.S. DRAWN BY: E.M.P. S--470 2 of 4 _$CALIF: r":dg.. I(JTC i_,-; TO_—A-C.COMPANY A LEGAL DESCRIPTION FOR TEMPORARY EASEMENT "B" MIAMI—DADE COUNTY SEC.31—TWN.53S—RGE.42E GRAPHIC SCALE 40 20 0 40 1 inch = 40 ft, EXHIBIT `A' THIS DOCUMENT IS NOT VALID WITHOUT ALL SHEETS TRACT" WATSON ISLAND SOUTHWEST (PS 166, PG.11) FOLIO No. 01-3231-061-0030 SOUTHERLY LINE OF TRACT WEST MOST SOUTHERLY POINT OF TRACT "C" OF • WATSON ISLAND SOUTHWEST N1728'D0"W 5, 27' r-•-N54 07'39 "E� 67.92' P.O.F. N1728'OO "W 47.43' JOSE' R,, ATISTA, P,S.MI, • Professional Surveyor and Clappy r 5fa{a of Florlde — License tie, 6771 3575 S, Le Jeunc; 110::IAibml, Fl 33}46'WA,Sf3 7 6 68 5196 it NOT VALID YRTH011'P;7'15A•$ RAISED SEAL OF A i10EFFf6 E) PARCEL 'A AREA: 0.0532 Acres N54 07'39 "E 462.86' S54 0739 "W 463.69' AI54 `07'39''E 46369' PARCEL ?"\‘\\\\\ AREA; 0 44i. 2 ittiett S54 07'39 "W 471.14' TRACT D WATSON ISLAND SOUTHWEST (P8. 166, PG, 11) F0110 No, 01-3231-061-0040 WORD AND THE ORIGINAL 4,,,4011VEY01t AND MAPPED THIS IS NOT A I30UNDARY SURVEY a. z 2 0 0 WATSON ISLAND SOUTH (50'x4'71' TEMPORARY CONSTRUCTION EASEMENT "C") MIAMI—DADE COUNTY, FLORIDA MIAMI—DADE WATER AND SEWER DEPARTMENT DATE; OCTOBER 13, 2022 SCALE: 1"=40' DRAWN BY: E.M,P, S-470 3 of 4 x a} SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR TEMPORARY EASEMENT "B" MIAMI—DADE COUNTY SEC.31—TWN.53S—RGE.42E GRAPHIC SCALE 40 20 0 40 1 inch = 40 ft, EASTERLY LINE OF TRACT "C" TRACT WATSON ISLAND SOUTHWEST (PB 186, PG.11) FOLIO Na 01-3231- 081--0030 SOUTHERLY LINE OF TRACT "C" EAST MOST SOUTHERLY CORNER OF TRACT "C" PARCEL. "A" AREA: 0,0532 Acres N54 07'39 "E 462.86' lir\t\\\:: 1'1\`1\\1\\N54'07'39'E 463, 69‘%\% PARCEL "B" AREA: 0,4829 Acres EXHIBIT `A' THIS DOCUMENT IS NOT VALID WITHOUT ALL SHEETS -S54 07'39 "W 463.69' S54 07'39 "W 471.14' EASTERLY LINE OF TRACT "D" TRACTL? WATSON ISLAND SOUTHWEST (PB. 168, PG. 11) FOLIO Na. 01-3231-061-0040 JOSE R. BATISTA, f ,S.M. Professional Surveyor end Hopper . State of Reath: t1lcenso,k o. 6777 357 S: Le. Jaune ftd. ga.tlGm1,..FI 331 Bete:- (]� %�I °8� NOT VALID WITHOUT 72ii!'�r}tGf'jQ'1` 1RE-AND TiS ORIGINAL Th RAISED SEAL OF A UTEN D P tDA SURVEYOR AND MAPPER S26 22'36 "E 507' 526 22'36 "E 45 63' CLJ THIS IS NOT A BOUNDARY SURVEY WATSON ISLAND SOUTH (50'x47.I' TEMPORARY CONSTRUCTION EASEMENT "B") MIAMI--DADE COUNTY, FLORIDA MIAMI-DADE WATER AND SEWER IEPARTMENT DATE: OCTOBER 13, 2022 DRAWN BY: E.M.P. SCALE: i"=40' S--470 4 of 4 EXHIBIT "I3" INSURANCE REQUIREMENTS I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $2,000,000 General Aggregate Limit $4,000,000 Products/Completed Operations $2,000,000 Personal and Advertising Injury $2,000,000 B. Endorsements Required City of Miami, Flagstone, IGDH, IGRE, IGPS and Master Association listed as Additional Insureds Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement II. 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 $1,000,000 City of Miami, Flagstone, IGDI-I, IGRE, IGPS and Master Association Iisted as additional insureds III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability 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 caused by disease, policy limit TV. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $2,000,000 Aggregate $2,000,000 City of Miami, Flagstone, IGDH, IGRE, IGPS and Master Association listed as additional Insureds. Coverage is excess follow form over the general liability and auto policies The above policies shall provide the City of Miami, Flagstone, Marina Tenant, Retail Tenant, Parking Tenant and Master Association with written notice of cancellation or material change from the insurer not less than (30) clays prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, 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. EMI-11g T ID) EXHIBIT FOR TEMPORARY CONSTRUCTION EASEMENT ACCESS Jam Bee dh Y Mae Arthur Causeway North Access 0 Miam ,ti Kr Sl' 12ri ,�" Shop f,�►^ w /J�iE MiamiCh,;ldren f / ' Parrot Jungle Trail East Access to Temporary Construction Easement •,wra,1me. L PROPOSED 3142 LF CF 36' HOPE DR1}v INSTALLED NA HDDI MC ARENA PROPOSED--, LAUNCHING PIT FOR NOD INSTALLAt1GN irenA Sn aRWY OR Ex, 42" v :PROPOSED PIT LTD JACK AND SORE PROP. 46 LF OF 3S HDPE OW,'3 INSTALLED'' --.. 30" WWI NA OPEN! RCPO-SED 340 LIT — OF 36" HDPE DR11 ;INSTALLED NA OPEN WTI PROP. 233 LF OF 24" lionDAM_ OF B PORARY CONNECTION SO LF 436" HDPE DR11 "'Irk INSTALLED VIA JACK AND BORE PRDPDSED PIT FOR JASK AND PORE• C 0 N S➢ L T 0. N T S EMERGENCY DIRECTIONAL DRILL OF 36-INCH HDPE TO WATSON ISLAND Tf]4PDRARY CONSTRUCTION EAM.IENT "S" FOR PIPE FUSING' ROPOSEO RECEIVING MD PULLING PIT FOR HOD INSTALLATION EXHIBIT G INSURANCE REQUIREMENTS L Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $2,000,000 General Aggregate Limit $4,000,000 Products/Completed Operations $2,000,000 Personal and Advertising Injury $2,000,000 B. Endorsements Required City of Miami, Flagstone, IGDH, IGRE, IGPS and Master Association listed as Additional Insureds Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement II. 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 $1,000,000 City of Miami, Flagstone, IGDH, IGRE, IGPS and Master• Association listed as additional insureds III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability 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 caused by disease, policy limit IV. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrenee $2,000,000 Aggregate $2,000,000 City of Miami, Flagstone, IGDH, IGRE, IGPS and Master Association listed as additional Insureds. Coverage is excess follow form over the general liability and auto policies The above policies shall provide the City of Miami, Flagstone, Marina Tenant, Retail Tenant, Parking Tenant and Master Association 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. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval.