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HomeMy WebLinkAboutExhibitPrepared by and return recorded copy to: Attention: Juvenal Santana, Jr., P.E., C.F.M., Director City of Miami Department of Resilience and Public Works 444 SW 2nd Avenue, 8th Floor Miami, FL 33130-1910 Location: 2900 Biscayne Boulevard, Miami, FL 33137 Folio No.: 01-3230-013-1220 Area Reserved for Recording PERPETUAL EASEMENT THIS EASEMENT made this day of , 2024 by OZPC NO. 1 2900 BISCAYNE BLVD, LLC, A DELAWARE LIMITED LIABILITY COMPANY, whose address is 2200 Biscayne Boulevard, ("Grantor"), to the CITY OF MIAMI, a Florida Municipal Corporation, its successors and assigns, whose address is 444 SW 2nd Avenue, Miami, FL 33130 ("Grantee"). WHEREAS, Grantor is the owner of fee simple title in and to the property described in Exhibit "A" (the "Property" ,1 WITNESSETH, that the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto Grantee, its successors and assigns, a perpetual easement for public pedestrian ingress and egress over and upon the sidewalk, with full authority to enter upon the sidewalk, said land lying in Miami -Dade County, Florida, viz: SEE LEGAL DESCRIPTION AND SKETCH ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN AS EXHIBIT "B". RIGHTS GRANTED TO THE GRANTEE, the Grantee shall have the right of usage and enjoyment of the easement for public pedestrian ingress and egress purposes. The Grantor shall construct and maintain sidewalk within the easement area and to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with the normal ingress and egress upon the easement by the Grantee, out of and away from the herein Grantee right-of-way and that the Grantor, its successors and assigns, agree not to build, construct or create nor permit others to build, construct or create, any buildings or other structures on the herein granted easement that may interfere with the normal ingress and egress purpose. Grantor further grants the reasonable right to enter upon adjoining lands of the Grantor for the purpose of exercising the rights herein granted. Grantor shall maintain the sidewalk within the easement area in good condition and repair. Grantor reserves the right to grant other easements within the easement area, and to use the easement area primarily for Grantor's own benefit, provided such other easements and uses do not interfere with Grantee's use of the easement area as granted hereby. 1 TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever, together with a covenant hereby knowingly, voluntarily and freely given by Grantor not to sue or to maintain any civil or other claim, demand, cause of action, debt, default, or other relief against the said Grantee and its successors and assigns from any or all personal injury, property damage, or diminution of property rights arising from or accruing by virtue of the Grantor's activities, acts and omissions under this easement and/or construction on and/or maintenance to the lands, if any, owned by the Grantor, laying adjacent, continuous or abutting to the lands hereinabove described and the Grantor shall defend title to said lands against all persons claiming by, through or under said Grantor, and shall indemnify, defend, and hold harmless the Grantee against any and all claims, costs, expenses, deficiencies, liabilities, judgments, losses, damages, or suits (including related counsel fees at trial and appellate proceedings, and court costs) arising from or in connection with the Grantor's activities under this easement, in whole or in part. Insurance. The Grantor shall maintain in full force at all times during the term of this agreement, a commercial general liability coverage affording bodily injury, including death and property damage with limits of $1,000,000.00 per occurrence, $2,000,000.00 policy aggregate. The certificate shall include coverage for premises liability, and any other applicable coverage exposures as applicable, in connection with this easement. The certificate shall reflect a primary and non contributory basis, and shall reflect the Grantee as an additional insured on this coverage. The insurance and easement shall be subject to the approval of the City of Miami Risk Manager and the City of Miami Attorney. The insurance policy shall be procured and premiums paid by Grantor. The effective date of the policy shall be prior to or on the effective date of the Easement and the policy term or any renewals thereof shall remain in effect for the term of the Easement. The insurance carrier for the policy must be rated no less than A- as to management and no less than Class (V) as to strength by the latest edition of Best's Insurance Guide and must be approved by the City of Miami Risk Manager. Grantee shall be listed as Additional Insured under the policy. Proof of insurance shall be supplied to the satisfaction of Grantee prior to the issuance of any permits. A Certificate of Insurance bearing Grantee as "Additional Insured" shall in no way relieve Grantor of the obligation to add Grantee as "Additional Insured" to the actual insurance policy. The insurance policy shall provide that Grantee be given at least thirty (30) days advance written notice of any material changes, cancellation or non -renewal notification of any policy and, in the event of such material change, cancellation or non -renewal notification, Grantor shall immediately replace said policy with another policy to the satisfaction of Grantee with the receipt of a certificate of insurance for such policy by Grantee at least ten (10) days prior to the effective date of the material changes, cancellation or non -renewal of any policy. In the event that the Grantee is not in possession of same by such date, then Grantee shall have the right to immediately secure a similar insurance policy in its name with the total cost of the premium and all monies that may become due during the term of the easement being charged to the Grantor and Grantee shall have the right to declare and establish said costs as a lien on property described herein of Grantor, enforced as any lien provided for under the statutes of the State of Florida. Grantor agrees to increase from time to time, as required by the City of Miami Code, the limits of the comprehensive liability insurance policy required to be provided pursuant to this Easement, upon the written request of Grantee. 2 This Easement agreement shall be binding upon successors and assigns, personal representatives, heirs, executors, and administrators, of the parties hereto. This Easement agreement will be construed under the laws of the State of Florida. Venue in any action or proceeding between the parties arising out of this Easement agreement shall be in Miami -Dade County, Florida. The Grantor's representative below is hereby authorized and directed to execute this perpetual easement with the Grantee. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (Whether by facsimile, PDF, or other electronic transmission), which signature shall be binding on the party whose name is contained therein. [SIGNATURE PAGE FOLLOWS] 3 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: GRANTOR: OZPC NO. 1 2900 Biscayne Blvd, LLC, a Delaware ited Liabili Com s an Witness: Print Name: ;,fir n ger', Address: 0 &.; ,c gj,J, By: N\iawl L. i-(, 3131 Witness: Print Name: Address: •+w:` T31.1'i STATE OF FLORIDA) COUNTY OF MIAMI-DADE) JONATH NEWBERG President The foregoing instrument was acknowledged before me by means of 9, physical presence or ❑ online notarization, this S "' day of e e.twr h •e r , 20 Z /, A.D., by Jonathan Newberg, President for OZPC NO. 1 2900 Biscayne Blvd, LLC, a Delaware Limited Liability Company, who is personally known to me or who has produced_ (type of identification) as identification. [Notary Seal] NMI , Notary Public State of Florida Rita Milagros-Alvarado Rico My Commission HH 354520 Expires 5/21/2027 �.� -� �..r .r .s s • .. 4 Notary Public 1 VA. t-'( Name typed, printed or stamped My Commission Expires: 5 • • D.xl- JOINDER BY MORTGAGEE The undersigned, OTERA CAPITAL INVESTMENTS XIV INC., as Mortgagee by virtue of that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing from OZPC No. 1 2900 Biscayne Blvd, LLC, a Delaware limited liability company, to Victor Holdings I, LLC, a Delaware limited liability company, dated as of March 29, 2022, recorded March 30, 2022, in Official Records Book 33097, Page 120, as assigned to Otera Capital Investments XIV INC., by that certain Assignment of Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing recorded July 8, 2022 in Official Records Book 33280, Page 2663, as affected by First Amendment to Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing from OZPC No. 1 2900 Biscayne Blvd, LLC, a Delaware limited liability company, to Otera Capital Investments XIV Inc., dated as of October 11, 2024 recorded October 21, 2024 in Official Records Book 34455, Page 322, all of the public records of Miami -Dade County, Florida. all in the Public Records of Miami -Dade County, Florida, covering a11ior a portion of the property described in the foregoing Agreement does hereby acknowledge that the terms of the Agreement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this Si" day of Decembwe , 2024. OTERA CAPITAL INVESTMENTS XIV INC. By: 2 cy(/" 1 Name: R Title: j horizL‘'( r r,.4ar7 By: Name: tior Sltarp Title: Av-4ri7.P d ' S'gnaaoty Address: c/o of Otera Capital Inc. 3610 - 81 Bay Street Toronto, Ontario M5J 0E7 poviiL ...S.T.Alt OF ©Titre o Ct COUNTY OF T rot 1-D was acknowledged before me by means of 'physical presence OR [ ] online notarization, this S'+`' day of Deo►,'aer , 2024, by 12.o' Lgii as Authorized Signatory and fa for St -PA as Authorized Signatory of OTERA CAPITAL INVESTMENTS XIV INC., a Quebbec corporation. [ ] Personally Known to me or [4/Produced Identification. Type of Identification Produced 0n vir;o D r 1 vg. -'_ L; ce„.se Signature Print or Stamp Name: Dawn la 14, Notary Public, of t2n kr,,.-, n Commission No.: N. ACTIVE 704799029v1 CITY OF MIAMI, a municipal ATTEST: corporation of the State of Florida By: Todd B. Hannon, City Clerk Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: 1/1 ysong III, ity Attorney 33gLifrilA 6 APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, ARM-P., Director Risk Management Department EXHIBIT A LEGAL DESCRIPTION Tract B of Biscayne South Assemblage, according to the Plat thereof, recorded in Plat Book 178, Page 26, of the Public Records of Miami -Dade County, Florida. Formerly known as: Lots 6 and 7 less the East 9 feet thereof, Lots 8, 9 and 10, Block 11, BROADMOOR SUBDIVISION, according to the Plat thereof, recorded in Plat Book 2, Page 37, of the Public Records of Miami -Dade County, Florida. Lot 5, Block 11, BROADMOOR SUBDIVISION, according to the Plat thereof, recorded in Plat Book 2, Page 37, of the Public Records of Miami -Dade County, Florida. Lot 4, Block 11, of BROADMOOR, according to the Plat thereof, as recorded in Plat Book 2, Page 37, of the Public Records of Miami -Dade County, Florida. The West 46.0 feet of Lot 1, and all of Lots 2 and 3, in Block 11 of BROADMOOR, a subdivision according to the Plat thereof, recorded in Plat Book 2 at Page 37, of the Public Records of Miami -Dade County, Florida. All of Lot 11 and Lot 12, less the East 9 feet thereof, Block 11, of BROADMOOR SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, Page 37, Public Records of Miami -Dade County, Florida. 7 EXHIBIT B EASEMENT SKETCH AND LEGAL DESCRIPTION OF THE EASEMENT AREA 8 SKETCH AND LEGAL DESCRIPTION PUBLIC PEDESTRIAN ACCESS EASEMENT j 27.50' I r 5' N.E. end. Ct. I 27.50' 5' R=25.00' 19'56 54" L=8.70' to Lri 1 N.E. 30th. Street 7.4 1.5' PUBLIC PEDESTRIAN ACCESS EASEMENT N90'00'00'W 178.23' N90'00 00'W 161.17' SOUTH LINE OF TRACT B - N.E. 29th. Street T I 1 ZJ m W� L 50.00' 50.00' 5' / --I R=25.00' I d=19'56 54 " L=8.70' SCALE 1"= 60' LEGEND: P.B. PG. q. DENOTES PLAT BOOK DENOTES PAGE DENOTES CENTERLINE DENOTES MONUMENT LINE DENOTES SUBJECT PARCEL A DENOTES CENTRAL ANGLE R DENOTES RADIUS L DENOTES ARC DISTANCE LEGAL DESCRIPTION: THE SOUTH 1.50 FEET OF TRACT 'B'; BISCA YNE SOUTH ASSEMBLAGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 178, AT PAGE 26, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LYING AND BEING IN SECTION 30, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. THE BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING OF N 90'00 00" W ALONG THE SOUTH LINE OF SAID TRACT 'B". 2. AUTHENI7C COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 3. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON ONLY. THE ATTACHED CERTIFICA 170N DOES NOT EXTEND TO ANY UNNAMED PARTIES. 4. ORDERED BY' CRESCENT - 2900 BISCAYNE THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. 4775 s - S( & 24d4ctehate4, `704. SHEET 1 OF 1 SHEETS LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 ORDER NO 218929 DATE: NOVEMBER 27, 2024 THIS IS NOT A " BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 PREPARED UNDER MY SUPERVISION: okiili eMARK STEVEN JOHNSON, PRI/61AMAA/rb AL REVISIONS K: \305342\CRESCENT HEIGHTS\SKETCH LEGALS\DWG\ 1-5 FT EASEMENT.DWG 1. Country: / Pays MINISTRY OF PUBLIC AND BUSINESS SERVICE DELIVERY Ministere des Services au public et aux entreprises APOSTILLE (Convention de La Haye du 5 Octobre 1961) Canada This public document / Le present acte public 2. has been signed by / a ate slgne par 3. acting in the capacity of / agissant en quallte de 4. bears the seal / stamp of / est revetu du sceau / timbre de 5. at/a 7. by / par 8. N° / sous n° 9. Seal / stamp / sceau / timbre : DAMIANA NADIRA PAVONE Notary Public Notary Public Certified Atteste Toronto, Ontario 6. the / le 2024-12-06 Manager Official Documents Services ON-24-228250-8310 10. Signature / signature 747/( Li9° • This Apostllle only certifies the signature, the capacity of the signer, and, where appropriate, the seal or stamp it bears. It does not cent/ the content of the document for which it was issued. Cette Apostille adeste unlquement la vdraclte de la signature, la quallte an laquelle le signataire de facie a agl et. le cas edreanl, fidentlte du sceau ou timbre dont cat acle est revetu. Elle ne centre pas le contenu du document pour lequel elle a ate amuse. • This Apost le Is not valid for use anywhere within Canada, L'ulllisation de cette Apostille nest pas valable au Canada. • If this document Is to be used in a country which Is not party to the Hague Convention of 5 October 1961, it may need to be legalized by a consular office of the country of destination. SI ce document est destine a un pays non partie a is Convention de La liaye du 5 octobre 1961,11 pourrad necessiter un ldgaisalron par un consulal du pays de destination. • To verify the issuance of this Apostille, see(www.offlcialdocumenls.mgcs.gov.on.calen. US/validity-check/). Cette Apostille pout etre vartfiee a l'adresse suivante [https:Nwww,oticialdocu me nts.mgcs. gov.on.celfr-FR/valid ily-check/1 J AC�Ra CERTIFICATE OF LIABILITY INSURANCE ‘a.....------ DATE(MM/DDrYYYY) 11 /26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Alliant Insurance Services, Inc. 333 S Hope St Ste 3750 Los Angeles CA 90071 License#: 0C36861 CONTACT Lenessa Weatherford PHONE FAX - e>- (A/C No): ADDRESS: Iweatherford@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # INsuRERA: Navigators Specialty Insurance 36056 INSURED OZPC No.1 2900 Biscayne Blvd, LLC 2900 Biscayne Boulevard Miami FL 33137 INSURER B : Allied World Assurance Company 19489 INSURER Gotham Insurance Com an P Y 25569 INSURERD: Texas Insurance Company 16543 INSURER E : Berkley Assurance Company 39462 INSURER F : COVERAGES CERTIFICATE NUMBER:484881179 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY SF22CGLZO9Y3CIC 1/10/2022 7/10/2025 EACH OCCURRENCE $2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES JECT PER: LOC GENERAL AGGREGATE $4,000.000 PRODUCTS-COMP/OPAGG $4,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED COMBINED SINGLE LIMIT _.(Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Peraccident ) $ PROPERTY DAMAGE (Per accident) $ _. B A C D X UMBRELLA LIAB EXCESSLIAB X OCCUR CLAIMS -MADE 0313-2216 SE2IEXCZO9Y12IC EX202100002070 TI22XWUP-01379-01 1/10/2022 1/10/2022 1/10/2022 1/10/2022 7/10/2025 7/10/2025 7/10/2025 7/10/2025 EACH OCCURRENCE $33,000,000 AGGREGATE $ 33,000,000 DED RETENTION S See Remarks $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N 1 A 1 PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ E Pollution/Professional Liability OOPB- 5018001-0122 1/10/2022 7/10/2025 Each Claim/Aggregate $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Excess Liability: Effective: 1/10/2022 - 7/10/2025, Carrier: Endurance American Specia ty Ins Co., Limit: $15,000,000, Excess Liability: Effective: 1/10/2022 - 7/10/2025, Carrier: Crum & Forster Specialty Insurance Co., Limit: $12,500,000 p/o $25,000,000 Excess Liability: Effective: 1/10/2022 - 7/10/2025, Carrier: Great American Assurance Company, Limit: $12,500,000 p/o $25,000,000 Total Excess Liability Limit: $75,000,000 Terrorism is included RE: 2900 Biscayne Boulevard, Miami, FL 33137 See Attached... CERTIFICATE HOLDER CANCELLATI City of Miami 444 SW 2nd Ave, 8th Floor Miami FL 33130 i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _ F)..) (S;:>..--_ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ACORD® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Alliant Insurance Services, Inc. NAMED INSURED OZPC No.1 2900 Biscayne Blvd, LLC 2900 Biscayne Boulevard Miami FL 33137 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE CERTIFICATE OF LIABILITY INSURANCE Certificate Holder is included as Addition Insured with regards to the General Liability policy on a primary and non-contributory basis. Excess Liability follow -from to General Liability. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD