Grant of Perpetual Easement
Prepared by and Return to:
Raul J. Aguila, Esq.
Office of City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
99R259086 1999 MAY 19 10:40
DOCSTPDEE 0.60 SURTX 0.45
HARVEY RUVIN, CLERK DADE COUNTY, FL
GRANT OF PERPETUAL EASEMENT FOR BEACHW ALK
THIS GRANT OF EASEMENT (this "Easement") is made thisS#fI day of LJM/~
1998, by DI LIDO BEACH HOTEL CORPORATION, a Florida corporation (th~)
having its principal place of business at 155 Lincoln Road, Miami Beach, Florida in favor of the
CITY OF MIAMI BEACH, a Florida municipal corporation (the "City"), having its principal
place of business at 1700 Convention Center Drive, Miami Beach, Florida.
WHEREAS, the Owner owns that certain property situated, lying and being in Dade
County, Florida, known as the Di Lido Beach Hotel located at 155 Lincoln Road, Miami Beach,
Florida, and as more particularly described in Schedule "A" attached hereto (the "Property");
WHEREAS, on or about March 13, 1982, the City entered into that certain Management
Agreement for Certain Lands in the City of Miami Beach, Florida (Agreement No. 750-0006), as
amended, with the Trustees of the Internal Improvement Trust Fund of the State of Florida,
granting the City the right to exercise management authority over the State owned beach east of
the Erosion Control Line within the City of Miami Beach, including that certain area landward
and seaward of the dune;
WHEREAS, the City is desirous of developing an at-grade public pedestrian walkway,
which includes landscaping, lighting, and irrigation, along the landward side of the dune,
connecting the existing walkway fronting Lummus Park and the existing elevated wooden
boardwalk which currently begins at 21st Street (the "Beachwalk"); and
WHEREAS, pursuant to the terms of that certain Agreement g,atest.as ofS ~\\~ 1998
between the City and the Owner, recorded in Official Records Book l ~\b~ ,at Page ~, of the
Public Records of Miami-Dade County (the "Development Agreement"), which constitutes a
development agreement under the Florida Local Government Development Agreement Act, the
Owner has agreed to grant this perpetual easement to the City for use as an at-grade public
pedestrian walkway, for the installation and maintenance of landscaping, and for such other
public uses which are consistent with the City's development of the Beachwalk, across that
certain portion of the Property, approximately fifteen (15) feet in width, running alon~~~'1
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line near the eastern boundary of the Property, as same is more particularly described in Schedule
"B" attached hereto (the "Easement Parcel").
NOW THEREFORE, in consideration of Ten and No/lOO Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Owner by these presents hereby grants, sells, and conveys to the City, its successors and
assigns, a perpetual easement on, in, and over the Easement Parcel for the purpose of installing,
laying, constructing, operating, inspecting, maintaining, repairing, and replacing the Beachwalk
and for public pedestrian access to the Beachwalk.
7.
The Owner and the City further agree to the following:
1.
The Owner hereby grants to the City its employees, contractors, or
representatives, the permanent right and license for purposes of ingress and egress
to and from the Easement Parcel for the purposes of laying, constructing,
operating, inspecting, maintaining, repairing, and replacing the Beachwalk.
2.
The City shall use its best efforts to obtain the necessary permits and approvals
from the State of Florida for construction of the Beachwalk; provided, however,
that in the event that the City has not secured the necessary permits and approvals
and initiated construction of the Beachwalk within the later of (i) three (3) years
from the date of execution of this instrument, or (ii) the expiration of the term of
the Development Agreement, this Easement and the easement rights granted
herein shall automatically terminate.
3.
The City shall construct the Beachwalk in substantial conformity with the
Beachwalk Site Plan attached hereto as Schedule "C".
4.
The City shall deliver notice of its intention to commence construction of the
Beachwalk to the Owner not later than thirty (30) days prior to the date set for
such commencement.
5.
Following the completion of the Beachwalk, the City shall have the sole
responsibility and shall bear the total cost for the repair and maintenance of the
Beachwalk, except for any repairs or maintenance arising from the negligence of
the Owner or any successor thereto.
6.
The City shall maintain and repair the Easement Parcel and the portion of the
Beachwalk lying thereon in the same manner as it maintains and repairs the
remainder of the Beachwalk. The City shall insure and provide security for the
Beachwalk in the same manner as it provides security for its public sidewalks and
right-of-ways.
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T~e .owner reserves unto itself, its successors and assigns, the perpetual righCdi~;~Y,,~~.~"(~~*.\
PnvIlege of:(.'~ j." ~H;, \ c.- ',\
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a. Right of ingress and egress to and from the Easement Parcel for
construction access to the east side of the Property, provided that the
Owner has obtained all the necessary permits and approvals from the City
and the State for any such construction, and that Owner shall bear the cost
for repairing any damage to the Easement Parcel or Beachwalk, resulting
from such construction; and
b. Unrestricted access to, over, across and in the Easement Parcel, provided
that such use does not materially interfere with the continued use of the
Easement Parcel as permitted herein.
8. Owner shall not construct or permit to be constructed any structure or obstruction
on or over or interfering with the construction, maintenance, or any other aspect
of the Beachwalk located upon the Easement Parcel. The City shall not obstruct
access to the beach and the Atlantic Ocean from the Property across the Easement
Parcel.
9. Owner covenants, warrants and represents (i) that it is the fee simple owner of the
Easement Parcel and has the right, title, and capacity to grant the perpetual
easement granted herein, and (ii) Commercial Bank of Florida is the sole lienor
and holder of a recorded (or unrecorded) security interest in the Easement Parcel.
10. This grant of perpetual easement shall inure to the benefit of and be binding upon
the heirs, legal representatives, successors and assigns of the parties hereto, as
applicable.
11. In the event that the City abandons or vacates the Beachwalk, then this Easement
and the easement rights granted herein shall automatically terminate.
12. Notices. Any notices required or permitted to be given under this Easement shall
be in writing and shall be deemed to have been given if delivered by hand, sent by
recognized overnight courier (such as Federal Express) or mailed by certified or
registered mail, return receipt requested, in a postage prepaid envelope, and
addressed as follows:
If to the City at:
City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager,
City Attorney
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If to Owner at:
c/o Bruce Lazar, Esq.
Seville Beach Hotel, Suite M
2901 Collins Avenue
Miami Beach, FL 33140
(if not in leave with concierge)
With a copy to:
Juan P. Loumiet, Esq.
Greenberg, Traurig, Hoffman,
Rosen & Quentel P.A.
1221 Brickell Avenue
Miami, Florida 33131
Notices personally delivered or sent by overnight courier shall be deemed given
on the date of delivery and notices mailed in accordance with the foregoing shall
be deemed given three (3) days after deposit in the U.S. mails. The terms of this
Section shall survive the termination of this Easement.
13.
Construction.
(a)
This Easement shall be construed and governed in accordance with the laws of the
State of Florida. All of the parties to this Agreement have participated fully in the
negotiation and preparation hereof; and, accordingly, this Easement shall not be
more strictly construed against anyone of the parties hereto.
(b)
In construing this Easement, the use of any gender shall include every other and
all genders, and captions and section and paragraph headings shall be disregarded.
All of the exhibits attached to this Easement are incorporated in, and made a part
of, this Agreement.
14.
Severability. In the event any term or provision of this Easement be determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or construed as deleted as such authority
determines, and the remainder of this Easement shall be construed to be in full
force and effect.
Litigation. In the event of any litigation between the parties under this Easement
for a breach hereof, the prevailing party shall be entitled to reasonable attorney's
fees and court costs at all trial and appellate levels. The terms of this Section shall
survive the termination of this Easement.
Time of Essence. Time shall be of the essence for each and every provision
hereof.
Entire Agreement. This Easement, together with the documents refere~:CUNr}::~
herein, constitute the entire agreement and understanding among the Partiel~tth'~:"'~~i.'...,.Cd.~
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08/05/98
15:20
GREENBERG TRRURIG ~ 912125814950
NO. 376
~02
respect to the subject matter hereof, and there are no other agreements,
representations or warranties other than as set forth herent. This Easement may
not be changed, altered or m.odified except by an instrument in writing sign,ed by
the party against whom enforcement of such change would be sought.
18. Force Maieure. Any prevention. delay or stoppage due to strilccs. lockouts. labor
disputes, acts of God, inability to obtain labor or materials or reasonable
substitutes therefor, riot, civil commotion, fire or other casualty, and other causes
beyond the reasonable control of the party obligated to perform, excluding the
financial inability of such party to perform shall excuse the performance by such
party for a period equal to any such period of prevention, delay or stoppage.
IN WITNESS WHEREOF, the lUldersigned has caused this gr~f pc@etual easement
to be executed by execution of this instroment as of this ~ day of u~ 1998.
Witnesses:
"
THE OWNER
Sign Name:
Print Name:
...
01 LIP6l.aEACH HOTEL CORPORATION,
a Florida corporation
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Sign Name
Print Name: P 0-<1\ C. \<..0.. ^-.".." J'("
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RUG 05 '98 15:35
305 579 0717
PAGF.Iil?
CONSENT
The undersigned as lienor, owner and holder of those certain mortgages recorded in
Official Records Book 16040, Page 5111, Official Records Book 17029, Page 1037, Official
Record Book 17508, Page 4661, Official Record Book 17528, Page 912 and Official Record
Book 17801, Page 3070, all in the Public Records of Miami-Dade County, Florida (as any of
same may have been heretofore modified), hereby consents to this grant of easement rights as
provided herein and subordinates the lien and the effect of its security interest to this Easement.
Sign Name:
Print Name:
I'
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By:
Name:
Title:
COMMERCIAL BANK OF FLORIDA, a
Florida banki corporation
(
Bruce P. Steinberg
Executive Vice President
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Sign Name: ~~iL...u ~tcb~
Print Name:Geraldine Kitchell
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this ~ day of
July , 1998 by Bruce P. Steinberger , as Exec. V. P. of Commercial
Bank of Florida, a Florida banking corporation, on behalf of the corporation. He/She is
personally known to me or has produced as identification and who did
( did not) take an oath.
N~~~J
,)
Y/Jn?~ J. n &c.P/2--
Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
PAM 1ti
NOTARY PUBUC S'fATEOFFLORJDA
COMMISSION NO. CClO33CB
MY COMMISSION EXP. AN. 8
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STATE OF FLORIDA )
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COUNTY OF DADE )
. S~
thIS _ day of
j{;f Di Lido Beach
e S e is personally
did not)
OFfiCIAL NorARY SEAL
OSEPH M HERNANDEZ
Jy p\JBUC Sf ATE OF FLORIDA
COMMISSION NO. CC610440
MY COMMIs..c;ION EXP. DEe. 29,2000
Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
ACKNOWLEDGED AND ACCEPTED this
by:
ff
/ ~ day of
.
A~/-
, 1998
Witnesses:
CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation
1111
Mayor
By:
AT
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STATE OF FLORIDA )
)SS:
COUNTY OF DADE )
foregoing instrument was ackpowledged before .me this I i? fI, day of
,-,- 1998, by Y}p ISeD () /(01{/{ A.J , as Mayor of the City of
Mi B.each, a municipal corporation, on behalf of the Corporation. .He is personally known to
~or has prodl:leed- as identification and who did ~id not) take an
oath. ~ h
. 'L~;' '((I. /_~2J:U..<-J~-lyo. .
OFFICIALNOfARYSEAL ~
LILLIAN BEAUCHAMP NO ARY PUBLI
NOTARYPUBLlCSTATEOFFLORmA / 7> I
COMMISSION NO. CC73S3i2 /-.....i 1/ ',.,rJ ;::;X?O( )(}ht1,L~
MYCo:-.1"IIS~lO~H.XP. APR, 792:JC2 Typed or Printed Name of Notary
My Commission expires:
Serial No., if any: I1jJr-l! 21, 2-u 02---
MIAMI/HERNANDEZJ/946505/k@bt05!.DOC/5/27/98
STATE OF FLORIDA; COUN"TY OF DADE
. I I oppy_of lite
I HEREBY CERtIFY Ihal tltlS S 0 rue 9 ~ f
~ ___ daro
~/glnol filed in this ol/ice on t) tJ
/YJ...<r ' A. O. 19 -
nd and O//;cial Sear.
I .. .~o 'rcult and County Court'
, - D.C.
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8
SCHEDULE "A"
DI LIDO PROPERTY
PARCEL 1:
Lots 18, 19 and 20 in Block 29, of FISHER'S FIRST SUBDMSION OF ALTON
BEACH, a Subdivision of MIAMI-DADE, Florida, according to the Plat thereof: as
recorded in Plat book 2, at Page 77, of the Public Records of MIAMI-DADE County,
Florida.
ALSO PARCEL 2:
All of Lots 1, 2, 3, 4, 17 and the South Half (Sl/2) of Lots 5 and 16, in Block 29, of
FISHER'S FIRST SUBDMSION OF ALTON BEACH, according to the Plat thereof: as
recorded in Plat Book 2, at Page 77 of the Public Records of MIAMI-DADE County,
Florida, ALSO; Beginning (P.O.B.) at the Northeast comer of the South Half (S1/2) of
Lot 5 in Block 29 as the same is shown and designated upon the Plat Florida; thence run
in an Easterly direction along the North Line of said South Half (Sl/2) of Lot 5 in Block
29 produced to the Erosion Control Line of the Atlantic Ocean, said line recorded in Plat
Book 105, at ,Page 62, of the Public Records of MIAMI-DADE County, Florida; thence
run in a Southerly direction along the Erosion Control Line a distance of280.059 feet to a
point, said point being the intersection of the Erosion Control Line and the Centerline of
Lincoln Road, as said Road is shown on the above mentioned Plat, produced Easterly;
thence run in a Westerly direction along the Centerline of Lincoln Road produced Easterly
to an intersection with the Easterly Line of Block 29 produced Southerly; thence run in a
Northerly direction along the Easterly line of said Block 29 and its production Southerly, a
distance of278.878 to the Point of Beginning (p.OB.).
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SCHEDULE" B "
DESCRIPTION OF THE BEACHWALK "EASEMENT PARCEL"
That portion of land bounded as follows:
On the North, bounded by the Easterly extension of the North line of the South half (S. 112) of Lot
5, Block 29, as shown in FISHER'S FIRST SUBDIVISION OF ALTON BEACH, recorded in
Plat Book 2, at Page 77, Public Records of Miami-Dade County, Florida. On the South, bounded
by the Easterly extension of the center line of Lincoln Road, as shown in said FISHER'S FIRST
SUBDIVISION OF ALTON BEACH. On the East, bounded by the Erosion Control Line of the
Atlantic Ocean, said line recorded in Plat Book 105, at Page 62, Public Records of Miami-Dade
County, Florida. And on the West, bounded by a line 15.00 feet West (measured at right angle), and
parallel to the above mentioned Erosion Control Line of the Atlantic Ocean. Said lands located,
lying and being in the City of Miami Beach, Miami-DadeCounty, Florida and containing 4192
square feet more or less.
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