HomeMy WebLinkAboutBack-Up DocumentsThis instrument prepared by,
and after recording please return to:
Nicholas Rodriguez, Esq.
Bercow Radell Fernandez Larkin & Tapanes, PLLC
200 South Biscayne Boulevard, Suite 300
Miami, Florida 33131
Folio No.: 01-3218-000-0031
EMERGENCY VEHICLE ACCESS EASEMENT AGREEMENT
On this day of , 2026, ACRE GCDM BAY INVESTMENTS LLC,
a Delaware limited liability company, whose address is 6445 NE 7 Avenue, Miami, FL 33137,
("Grantor"), and MIMO BAY APARTMENTS II, LLC, a Delaware limited liability
company, whose address is 670 Dekalb Avenue, Suite 100, Atlanta, GA 30312,
("Beneficiary/Applicant") in and for the consideration of the sum of TEN DOLLARS ($10.00)
and other good and valuable considerations, the receipt whereof is hereby acknowledged, does
hereby grant and convey to the CITY OF MIAMI, a Florida Municipal Corporation, whose
address is 444 Southwest 2 Avenue, Miami, FL 33130 ("Grantee" or "City"), its successors
and assigns, a non-exclusive emergency vehicular access easement ("Easement Agreement"
or "Easement") for the ingress and egress of emergency vehicles over, and upon the following
described real property ("Easement Area") located in the City, to -wit:
SEE EXHIBIT "A" ATTACHED
and provided that the Grantor at all times shall not erect any access control, median, or other
structure or obstruction that would inhibit access to the full width of no less than twenty-three
feet (23') of the Easement Area, seventy-six feet (76') in depth, and a minimum vertical
clearance of sixteen feet (16') as measured from existing grade; however, Grantor shall have
the right to improve the Easement Area for its own use and needs as long as such use allows
unobstructed emergency vehicle turn around/access as provided herein.
1. Ownership of Grantor Property. Grantor hereby represents that it is the fee
simple owner of the property located at 6445 Northeast 7 Avenue, Miami, Florida identified
by Miami -Dade County Folio No. 01-3218-000-0031, which contains the Easement Area
("Grantor Property").
2. Legion West Tentative Plat No. 2073. Beneficiary/Applicant is seeking to
finalize the plat of Legion West. The Legion West plat vacates and closes Northeast 64th
Terrace, which eliminates unobstructed emergency vehicle turn-around/access (ingress and
egress.) Beneficiary/Applicant is required by the conditions of approval of the Legion West
Tentative Plat No. 2073 to obtain unobstructed emergency vehicle turn-around/access (ingress
and egress.) This Easement is required to be associated permanently with the Legion West plat,
and to run with the land and title of the Grantor's property, providing the emergency vehicle
tum-around area for the Legion West plat. In addition, a re -plat of Legion West will be required
to release this Easement.
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3. Emergency Vehicle Access. Grantee may at all times enter upon the Easement
Area for the purpose of emergency vehicle ingress and egress, including turn -around access.
The Easement Area shall at all times have conspicuous signage indicating the location and
function of the Easement Area. Grantor may, for its own purposes, utilize the Easement Area
and shall retain rights of free ingress and egress for construction, use, maintenance, relocation,
addition to, and repair over and upon the Easement Area; provided that, in no event shall any
of the rights herein reserved to Grantor impede the Easement herein granted or the exercise of
the rights of use and access for emergency vehicle ingress and egress, including turn -around
access, thereunder. Grantor shall maintain and keep in good repair the Easement Area for its
intended uses, except as otherwise provided herein or approved by City from time to time.
Grantor shall maintain and keep in good repair the Easement Area and shall not cause any
obstruction or blocking of the Easement Area without express written permission or approval
by the City through its Fire Rescue Department and Department of Resilience and Public
Works, except as provided in this Easement Agreement.
4. Existing Improvements Constitute Easement Area. Grantor and City
acknowledge that the Easement Area is an existing improved driveway on the Grantor's
property.
5. Use of the Easement Area. 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 within the Property shall not infringe upon, or encroach
into or upon the City's rights conveyed by this Easement Agreement. Specifically, but without
limitation, and provided approved by the appropriate departments, boards and/or agencies of
the City, Grantor shall have the right within the Easement Area (a) to grant utility easements,
(b) to install, maintain, repair, and replace utility facilities, (c) to install, maintain, repair and
replace improvements (including pavers and landscaping) upon approval and permits issued by
the city, and (d) to make such other reasonable alterations or modifications. Notwithstanding
the foregoing, Grantor shall not grant other easements or use the Easement Area in such a matter
as to prevent or materially interfere with Grantee's use of the Easement Area as granted hereby.
Further, notwithstanding anything to the contrary in this Easement, Grantor shall have the right
to temporarily partially or completely close the Easement Area (each being a "Closure") in
connection with the maintenance, repair, improvement, alteration or modification of the
Easement Area, for a period of time as determined by the Department of Fire Rescue and/or the
of the Department of Resilience and Public Works.
6. Insurance. The Grantor and/or Beneficiary/Applicant 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 the Easement Area. The certificate shall reflect a primary and noncontributory 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 Attorney. The insurance policy shall be procured and premiums paid by
Grantor and/or Beneficiary/Applicant. The effective date of the policy shall be prior to or on
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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 Bests 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 and/or Beneficiary/Applicant 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 and/or Beneficiary/Applicant 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/or Beneficiary/Applicant and Grantee shall have the right to declare and establish
said costs as a lien on property described herein of Grantor and/or Beneficiary/Applicant,
enforced as any lien provided for under the statutes of the State of Florida. Grantor and/or
Beneficiary/Applicant 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.
7. Successors. The provisions of this Easement shall be binding on the parties
hereto and their respective successors and assigns as a covenant running with and binding upon
the servient estate.
8. Recording. This Easement shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Grantor. Grantor shall furnish a copy of the
recorded Easement to the Department of Fire Rescue, with a copy to the Department of
Resilience and Public Works, within thirty (30) days of recordation.
9. Severability. Invalidation of any of these provisions by judgment of a court
shall not affect any of the other provisions, which shall remain in full force and effect.
10. Counterparts/Electronic Signature. 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 Easement. The parties shall be
entitled to sign and transmit an electronic signature of this Easement (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 Easement upon request.
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[Signature Pages Follow]
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IN WITNESS WHEREOF, the GRANTOR has executed this instrument on the
day of May, 2026.
Signed, sealed, and delivered in the presence of two (2) witnesses or corporate seal as required by Florida Law.
WITNESS:
Print Name:
Address: / t k FL � 33 17J
$t .S - �t S
WITNESS:
Print Name: 5, ,a L ear i In e
Address: $ Q S\ /
1J\; a,M; , FU 33134
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
ACRE GCDM BAY INVESTMENTS,
LLC, a Delaware lirj ed liability company
Micha
Tit
Van Der Poel
Authorized Member
The foregoing instrument was acknowledged before me by o physical presence or o
online notarization this 1 day of May , 2026 by ' C 1, at ( on
behalf of ACRE GCDM BAY INVESTMENT, LLC, who o is personally known to me or o
has produced as identification.
NOTARY SEAL
COME PEREZ
` Notary Public - State of Florida
Commission Y NH 692583
My Comm. Expires Jun 26, 202!
Bonded through National Notary Assn.
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NOTARY P LIC, State of Florida
Pnnt Name: Sri,' f rez
My Commission Expires:1tJt)ei 2- C wig
IN WITNESS WHEREOF, the BENIFICIARY/APPLICANT has executed this
instrument on the day of May, 2026.
Signed, sealed, and delivered in the presence of two (2) witnesses or corporate seal as required by Florida Law.
WITNESS:
Print Name:
Address: Si/ 51-
WITNESS:
Print Name:.Sc.Q44 LtJ i e,
Address: ' 0 51,J VI' S "
, L 3-)EO
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MIMO BAY APARTMENTS U, LLC,
a Delaware limited liability company
Van Der Poel
Authorized Member
The foregoing instrument was acknowledged before me by o physical presence or o online
notarization this 1 day of M ay , 2026 by 1.6.4uelltw111,4M on behalf of
MIMO BAY APARTMENTS II, LLC who fa; is personally known to me or o has
produced as identification.
NOTARY SEAL
C+RRIE PEREZ
Notary Pur.:. State of Florida
Commissle * aH 592583
iFn My Comm. r • Jun ti, 2029
Bonded through •. • .! Notary Assn.
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N ARY ' UBLIC, State of Florida
Print Name: C GLY6 e f, f 2i
My Commission Expires: ..ne 2i, i ZQZq
The foregoing Access Easement and all of its agreements, terms, conditions and representations
contained herein are hereby accepted at the City of Miami, Florida.
ACCEPTED BY THE CITY OF MIAMI
Juvenal Santana, P.E., C.F.M.
Director of Public Works
Department of Resilience and Public Works
Date:
Chief Robert Hevia
Department of Fire -Rescue
Date:
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David Ruiz, Interim
Depailinent of Risk Management
Date:
Approved as to form and correctness:
George K. Wysong III
City Attorney
Date:
EXHIBIT A