Funding Agreement with cover letter MIAMIBEACH
OFFICE OF THE CITY ATTORNEY,Jose Smith,City Attorney
Interoffice Memorandum
To: Bob Parcher Date: June 23, 2011
City Clerk
From: Raul J. Aguila
Chief Deputy City Attorney
Subject: Recorded Perpetual Non-Exclusive Easement Agreement between South
Beach Ocean Parcel, Ltd. and City of Miami Beach, Florida
Attached please find an original recorded copy of the above-referenced :Easement
Agreement for your records.
Should you have any questions, please do not hesitate to contact me. Please
acknowledge your receipt of the above mentioned transmitted to you with this Memo, in
the space provided below, and return signed original Memo back to me.
Thanks,
Raul
Date: — 7-� Received By: r
Print Name: Z_/ ! ci�/Czll 1'
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CIN Bk 2711.2 P9 s 0896 - 901; (6p9 s)
RECORDED 06/06/2011 15=lf,-Oi,
HARVEY RUVIN► CLERK OF COURT
MIAMI-DADE COUNTY? FLORIDA
This instrument prepared by:
Tew Cardenas LLP
1441 Brickell Avenue, 15`h Floor
Miami, Florida 33131
Attn: John M.Catalano,Esq.
PERPETUAL NON-EXCLUSIVE EASEMENT AGREEMENT
THIS PEETUAL NON-EXCLUSIVE EASEMENT AGREEMENT ("Agreement"),
is made this I_ day of May 2011, by and among SOUTH BEACH OCEAN PARCEL,
LTD., a Florida limited partnership and SOUTH BEACH OCEAN PARCEL II, LTD., a
Florida limited partnership, as grantor (collectively, "Grantor"), and the CITY OF MIAMI
BEACH, a Florida municipal corporation, as grantee ("Grantee" or"City").
WITNESSETH:
WHEREAS, Grantor is developing a condominium project known as Continuum II
("Continuum II") to the south of the existing South Pointe Drive right-of-way (Subject
Property); and
WHEREAS, Grantor constructed a Beachwalk located on the eastern boundary of its
property ("Beachwalk"), described in Exhibit A hereto; and
WHEREAS, Grantor desires to provide the City with access to the Beachwalk for the
purposes set forth in this Easement Agreement.
NOW THEREFORE, the parties hereby mutually covenant and agree as follows:
1. The above recitals are true and correct, and are hereby incorporated into this
Agreement.
2. Consideration and (Description. Grantor for and in consideration of the sum of Ten
Dollars and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, hereby grants unto Grantee, its officers, agents, employees, contractors,
successors and assigns, a non-exclusive, perpetual and irrevocable easement, over, under, upon
and through the land in Miami-Dade, County, Florida, known as the Beachwalk, as more
particularly described on Exhibit A (the "Easement Property"), for the purposes of pedestrian
and emergency vehicular access, installing, laying, constructing, operating, inspecting,
maintaining, repairing, and replacing the street, road, roadway, sidewalk, landscaping and
utilities, and for any and all other public purposes.
3. Term of Easement. The easement and rights granted herein shall be perpetual and
shall be possessed and enjoyed by the City, its successors and assigns, for the purposes stated
herein.
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4. Ingress, Egress and Maintenance. The City, its officers, agents, employees,
contractors, or representatives (collectively, "City Affiliates") shall have the permanent right
and license for purposes of ingress and egress to and from the Easement Property for the
purposes of laying, constructing, operating, inspecting maintaining, repairing, and replacing the
road, roadway, and sidewalk on the Easement.
5. Rights and Restrictions of Owner. Grantor shall have the right to full use and
enjoyment of the Subject Property, including the area within the Easement Property, except for
such use as may unreasonably interfere with the exercise by the City of the rights granted herein.
Owner shall not construct, or permit to be constructed, any structure or obstruction on or over the
Easement Property, or which otherwise interferes with the intended uses of, and/or the
construction, maintenance, or any other aspect of the road, roadway or sidewalk located upon the
Easement Property, and authorized pursuant to this instrument.
6. Abandonment. This non-exclusive easement is granted in perpetuity; provided,
however, that should Grantee, its successors and assigns, ever abandon the use of the Easement
Property for the purposes above described, the non-exclusive easement granted hereby shall
forthwith terminate and be of no further force and effect, except that easement rights for all
infrastructure improvements shall remain in place until such improvements are removed or
relocated. This Agreement shall be binding on the successors and assigns of Grantor and
Grantee. The ownership of the Easement Property and/or the obligations imposed hereunder are
only transferable to condominium association successors of Grantor, except that other transfers
may be permitted to other transferees that Grantee reasonably determines have a demonstrated
ability (financial and otherwise) to perform the obligations arising out of this Agreement coupled
with an ownership interest in the Easement Property ("other transfers"), and subject further to
Grantee's written approval prior to the other transfers, which approval will not be unreasonably
withheld.
7. Amendments; Termination. This Agreement may not be amended, modified or
terminated except by written agreement of all of the parties hereto or their respective successors
and/or assigns, however, with respect to any portion of a parcel which has been submitted to
condominium form of ownership, the association shall be the successor or assign, and not the
individual unit owners, and thus the instrument of amendment, modification or termination shall
be executed on behalf of the successor of Grantor solely by the condominium association in lieu
of the individual condominium owners and their mortgagees.
8. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and supersedes all prior agreements,
understandings and arrangements, both oral and written.
9. Grantor Representations. Grantor covenants, warrants and represents (i)that
Grantor is the fee simple owner of the Easement Property and has the right, title and capacity to
grant the perpetual easement granted herein, and (ii) there are no lienholders on the Easement
Property.
10. Grantee and Affiliates. Grantee agrees to release Grantor, its officers and
employees from and, to the extent provided by, and subject to the limitations under, Section
2
I
768.28, Florida Statutes (as same may be amended from time to time), indemnify them from any
and losses, expenses, liens, claims, demands and causes of action of every kind and character for
personal injury, property damage or any other liability, damages, fines or penalties, including,
costs, attorney's fees and settlement, resulting from, arising out of or in any way connected to the
use of the Easement Property by the City Affiliates or guests or invitees of the City Affiliates,
except to the extent that the same are the direct result of the gross negligence of willful
misconduct of Grantor, and/or its officers, employees, contractors, agents, and/or representatives.
11. Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created under the terms of this Agreement are
appurtenant to the Easement Property. The provisions hereof shall run with the land, shall be
binding on and shall inure to the benefit of the parties hereto, their successors and assigns (which
includes the Associations) and the general public.
TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever,
and Grantor will defend the title to the Easement Property against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, Grantor and Grantee have caused these presents to be
executed in their name, and their corporate seal to be hereunto affixed, by their proper officers
thereunto duly authorized, the day and year first above written.
Signed, sealed and delivered in the GRANTOR:
presence of:
SOUTH BE P E 1, L ,
a Florida li i ershi
Print Name: Se-WA (;-MU-MfA
B
Name: IAN 02ucA= ek; N iL
P nt ame: A ,,a--t3A-ct c Title: MAw)f&w&- M�P+f3c:tt-
Miami Beach, FL 33140
(Corporate al)
Signed, sealed and delivered in the
presence of- SOUTH BEAC PA D.,
a Florida lim' art ershi
By:
Print N ame: Name: IAN 9gugg E1g�hiz
Title: MANP&WM , z
Pri e. Miami Beach, FL 33140
(Corporate Seal)
3
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STATE OF PEIM 15 )
COUNTY OF - )
The foregoing instrument was acknowledged before me this /0 day of
?'✓f , 2011, by Z,c6 &We-o £.eLi� as
h, South Beach Ocea arcel Ltd, a Florida limited partnership, on
behalf "of such entity. He/she is ersonally kno to me or has produced
as identification.
(Sign ure of person taking acknowledgment)
My Commission expires:
SHARON H.AAcCIJLLOCH
(Type, print or stamp name under signature)
Notary Public,state of Now York Title or rank and serial number, if any
No 01 MCt1224121
Qualified in New York Cou*
COmmis W Expires:June 28,2014
STATE OF FL
COUNTY OF MI
The foregoing instrument was acknowledged before me this day of
G 2011, by as
{ss South Beach Oce sal- 1—, td, a Florida limited partnership,
on b-Aaff of such entity. He/she is ersonall known me or has produced
as identification.
(Signa re of person taking acknowledgment)
My Commission expires:
(Type, print or stamp name under signature)
SHARON H.Ad ULLOCH Title or rank and serial number, if any
Notary Pubft SM of No 1 a12NwYo*
Qualified in New York COLV*
Commission Expires:June 28,2014
[signatures continued on following page]
1 41,11
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GRANTEE:
ATT ST: CITY OF MIAM BE H
City Clerk M yor '
1700 Convention Center Drive
Miami Beach, Florida 33139
APPROVED AS TO FORM
AND LANGUAGE AND
FOR EXECUTION
5 (0 11
A TORNE DATED
15/41/111
CITY ENGINEER DATED
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�. OR BK 27712 PG 0901
L..AST PAGE
Exhibit A
[EASEMENT PROPERTY]
A 12 foot wide pedestrian easement, the center line of which is described as follows:
Commence at the point of intersection of the most Easterly corner of the Erosion Control
Line of the Atlantic Ocean, as shown. in Plat Book 105, Page 62, of the Public Records of
Miami - Dade County, Florida, and the North line of Section 10, Township 54 South, Range
42 East; thence South 870 39' 11" West as a basis of bearings for a distance of 20.54 feet
to the Point of Beginning of the center line of the 12 foot pedestrian easement herein
described. Last described course also being the Easterly extension of the South Right-of-
Way line of Biscayne Avenue (now South Pointe Drive) as shown in SOUTH BEACH PARK,
recorded in Plat Book 6, Page 77, of the Public Records of Miami - Dade County, Florida;
thence running Southerly, for the following bearings and distances:
thence South 010 36' 49" West, a distance of 7.30 feet;
thence South 090 55' 22" East, a distance of 49.55 feet;
thence South 010 54' 47" West, a distance of 53.63 feet;
thence South 030 48' 43" West, a distance of 52.60 feet;
thence South 030 35' 11" East, a distance of 49.93 feet;
thence South 000 14' 42" West, a distance of 50.40 feet;
thence South 020 48' 56" East, a distance of 49.57 feet;
thence South 020 47' 18" East, a distance of 49.03 feet;
thence South 040 57' 26" East, a distance of 51.65 feet;
thence South 040 17' 14" East, a distance of 52.16 feet;
thence South 000 13' 33" West, a distance of 50.90 feet;
thence South 050 15' 43" West, a distance of 45.82 feet;
thence South 010 24' 46" East, a distance of 50.36 feet;
thence South 010 19' 18" East, a distance of 48.37 feet;
thence South 020 33' 21" West, a distance of 53.97 feet;
thence South 030 08' 06" East, a distance of 50.07 feet;
thence South 000 31' 58" East, a distance of 49.58 feet;
thence South 090 51' 57" West, a distance of 40.46 feet;
and South 060 57' 48 East, for a distance of 71.32 feet to the point of intersection with the
South line of the above-mentioned SOUTH BEACH PARK Subdivision. Said point being the
Point of Terminus of the center line of the 12 foot pedestrian easement herein described.
Side lines of said easement to be prolonged or shortened, to meet the South Right-of-Way
line of Biscayne Avenue (now South Pointe Drive) in the North and the Southerly line of
said SOUTH BEACH PARK Subdivision in the South and meandering approximately 6 feet
from said center line. Said easement located in The City of Miami Beach, Miami-Dade
County, Florida.
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