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HomeMy WebLinkAboutExhibit BC Prepared by and return recorded copy to: City of Miami Department of Resilience and Public Works Attention: Juvenal Santana, Jr., P.E., C.F.M., Director Department of Resilience and Public Works 444 SW 2nd Avenue, 8th Floor Miami, FL 33130-1910 Location: 50 NE 3`d STREET, MIAMI, FL 33132 Folio No.: 01-0109-080-1010, 01-0109-080-1030 01-0109-080-1040 PERPETUAL EASEMENT THIS EASEMENT made this a. day of (26'766fr , 2025 by 222 NORTH MIAMI LLC, a Florida limited liability company and 50 NORTH MIAMI LLC, a Florida limited liability company, whose address is 50 NE 3`d Street, Miami, FL 33132, ("Grantor"), to the CITY OF MIAMI, a Florida Municipal Corporation, its successors and assigns, whose address is 444 SW 2"d 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") 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. Perpetual Sidewalk Easement Page 1 of 9 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. 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 Perpetual Sidewalk Easement Page 2 of 9 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. 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] Perpetual Sidewalk Easement Page 3 of 9 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: Print Name: Ao Cst Aktk.-6`^-1Q.-N Address: (I$ G. ij vA l\aoctt9 St-;,4 2 i r4 Witness: Print Name:f y fir [ Na ar Address: 3 SO A.ie - 2-1-4 Crcesck- ect. , k lla-1A GRANTOR: 222 NORTH MIAMI LLC, a Florida limited liability company STATE OF:d° '4r COUNTY OF: No-5 Sct.J By: EP M NAMDAR Manager The foregoing instrument was acknowled ed before me by means of VI physical presence or ❑ online notarization, thiscy"-day of 0C he( , 2025, A.D., by Ephraim Namdar, as Manager of 222 North Miami LLC, a Florida Limited Liability Company, who is personally known to me or who has produced as identification. [Notary Seal] MARINELLA AGOSTINO Notary Public, State of New York No. 01AG6393586 Qualified in Nassau County Commission Expires June 17, 202 JittAth--:o Notary Public Name typed, printed o My Commission Expires: 6-1-7o:CbZ4- Perpetual Sidewalk Easement Page 4 of 9 Z72 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: Witness: Print Name: MCM Ccq Address: CK cokke.roAM '0 SUS ? c L ) 6-ceset-- ►teecX-, r 'j kk.02l Witness: Print Name: Oa;�, I Nap/6 a Address: St -Ake ?-8'-es.) STATE OF: NQW ACa, t COUNTY OF: f-ICtSS0.V GRANTOR: 50 NORTH MIAMI LLC, a Florida limited liability company By: LJ EPHRAIM NAMDAR Manager The foregoing instrument was acknowledged before me by means of I physical presence or ❑ online notarization, this Or day of OCA-Ober , 2025, A.D., by Ephraim Namdar, as Manager of 50 North Miami LLC, a Florida Limited Liability Company, who is personally known to me or who has produced as identification. [Notary Seal] MARINELLA AGOSTINO Notary Public, State of New York No. 01 AG6393586 Qualified in Nassau County Commission Expires June 17, 202,} `41/1ck ( e I k A - y34 \ no Name typed, printed or stamped My Commission Expires: f(6 0;2- Perpetual Sidewalk Easement Page 5 of 9 EXHIBIT A LEGAL DESCRIPTION Lots 3 and 4, in Block 98 North, "City of Miami", according to the plat thereof as recorded in Plat Book, at Page 41, of the Plublic Records of Miami -Dade County, Florida. The North 100 feet of Lots 1 and 2, Block 98 North, "City of Miami", according to the plat thereof as recorded in Plat Book, at Page 41, of the Plublic Records of Miami -Dade County, Florida. Perpetual Sidewalk Easement Page 7 of 8 CITY OF MIAMI, a municipal ATTEST: corporation of the State of Florida By: By: Todd B. Hannon, City Clerk James Reyes, City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: George K. Wysong III, City Attorney David Ruiz, Interim Director Department of Risk Management Perpetual Sidewalk Easement Page 6 of 8 EXHIBIT B PERPETUAL SIDEWALK EASEMENT SKETCH AND LEGAL DESCRIPTION Perpetual Sidewalk Easement Page 8 of 9 01 w Z L_ z SKETCH & LEGAL DESCRIPTION LEGAL DESCRIPTION: The North 6.5 feet of Lots 1, 2, 3 and 4, in Block 98 North, "CITY OF MIAMI', according to the plat thereof as recorded in Plat Book B, at Page 41, of the Public Records of Miami -Dade County, Florida. Said portion containing approximately 1212 square feet 'CITY OF MIAMI' LOT-4 BLOCK-98 NORTH PLAT 'B', AT PAGE 41 N.E. 3rd. STREET - --aFnERLNE - NORTH LINE OF BLOCK 98 N174.86, 191. EASEMENT 6.5 �s�uw SCALE: 1" = 40' LEGEND --- —=Centerline 'CITY OF "CITY OF MIAMI' I LOT-2 BLOCK-98 "CiTY OF MIAMI' LOT-3 BLOCK 98 NORTH 8 NORTH I LOT-1 BLOCK-98 MNORTH PLAT "B• AT PAGE 41 I PLAT "B", AT PAGE 41 PLAT '8', AT PAGE 41 I I I I II I 100100 R=25.00 6r42'16'OY A=18.44' 0 nee NOTE: THIS SKETCH IS NOT A BOUNDARY SURVEY SURVEYOR'S CERTIFICATE: HEREBY CERTIFY THAT: in the professional opinion of the undersigned Professional Surveyor and Mapper in the State of Florida, the following Sketch and Legal Description meets the requirements of the Standards of Practice as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Copies of this Sketch and Legal Description are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. MOY�!—(= 11K`lr"Dated 05/16/25 LB• #7282 JACOB GOMIS 11110 LAND SURVEYORS, INC. 6i75 NW 153rd STREET SUITE 321, MIAMI LAKES, FL. 33014 Professional Surveyor & Mapper PHONE: 305-822-6062 * FAX: 305-827-9669 JOB NO. RP-23-1622 State of Florida Reg. No. 6231 Page 1 of 1