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2016-29542 Reso RESOLUTION NO 2016-29542 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TERMINATION AND ABANDONMENT OF AN EXISTING UTILITY EASEMENT AGREEMENT BETWEEN THE CITY, AS GRANTEE, AND MICHAEL AND MARY CARPENTER, AS GRANTOR AND AS THE OWNERS OF THE PRIVATE RESIDENTIAL PROPERTY AT 118 WEST DI LIDO DRIVE (THE PROPERTY), AND APPROVING AND AUTHORIZING THE ACCEPTANCE OF A NEW UTILITY EASEMENT FROM THE OWNERS. WHEREAS,on May 8, 2013, via Resolution No. 2013-282209,the City vacated an existing easement on the property of Michael and Mary Carpenter (Owners), located in the middle of the residential property known as 118 West Di Lido Drive(the Property)and simultaneously authorized a new utility easement, along the Property line for stormwater outfall purposes; and WHEREAS, Resolution No. 2013-28209 was executed so that the Owners Could begin construction of their new home, without having to worry about the utility easement splitting their property and having the easement bisect their new home; and WHEREAS,the Owners are seeking to partially terminate and abandon a portion of existing easement, as approximately one-third of the length of the easement, cuts across the property at a diagonal and the Owners and Public Works would prefer a linear easement; and WHEREAS, the Owners desire to construct a reflection pool, ("Improvements") on their Property, which encroaches on the southern two and a half feet (2 '/2') of the Easement Area; and WHEREAS, the City is amenable to executing and delivering this Release of the 2014 Easement in consideration of a modification to the Easement Area; WHEREAS, the Owners are also seeking to provide a new utility easement along the property line that would replace the abandoned easement, in order to ensure that the 10 foot easement is in a straight line following the property line; and WHEREAS, City staff has reviewed the Owners' request and believes that the abandonment of the existing easement, concurrent with the Property owner granting the City a new easement for the installation and maintenance of the proposed 15-inch stormwater outfall pipe, would be in the best interest of the City, and would accommodate the request of the Owners to build their new pool. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute a termination and abandonment of an existing utility easement agreement between the City, as Grantee, And Michael and Mary Carpenter, as Grantor, and as the Owners of the private residential property at 118 West Di Lido Drive (the Property), and Approve and authorize the acceptance of a new utility easement from the Owners, for the construction, installation, maintenance, repair, and replacement of a new fifteen-inch (15") stormwater outfall pipe. PASSED and ADOPTED this /y day of September, 2016. ATTEST: j . /7'. , / ' ' j AO : 4 ( 1- / it "-vine, Mayor Rafa-'Gran-,o, City wierk . ��w.lnuww/ 1 ` `7,1 1 ,_`'.~` `' APPROVED AS TO �, . l : ,. 6� AFORM & LANGUAGE i�'4H I E L: L & FOR EXECUTION v---- ... ,A (.;9,, ..: Cot. ,-..z, ........ ].:c_L36,.i •...6„..?:,,./:_. 4111"111116,e, / )_s_. r4N7 2; : }, City Atto , Date _,_ '',> Resolutions - C7Q MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 14, 2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TERMINATION AND ABANDONMENT OF AN EXISTING UTILITY EASEMENT AGREEMENT BETWEEN THE CITY, AS GRANTEE, AND MICHAEL AND MARY CARPENTER, AS GRANTOR AND AS THE OWNERS OF THE PRIVATE RESIDENTIAL PROPERTY AT 118 WEST DI LIDO DRIVE (THE PROPERTY), AND APPROVING AND AUTHORIZING THE ACCEPTANCE OF A NEW UTILITY EASEMENT FROM THE OWNERS. RECOMMENDATION The Administration recommends approving the Resolution. ANALYSIS On May 8, 2013, via Resolution No. 2013-282209, the City vacated an existing easement on the property of Michael and Mary Carpenter (Owners), located in the middle of the residential property known as 118 West Di Lido Drive (the Property) and simultaneously authorized a new utility easement, along the Property line for stormwater outfall purposes. Resolution No. 2013-28209 was executed so that the Owners Could begin construction of their new home, without having to worry about the utility easement splitting their property and having the easement bisect their new home. The Owners are seeking to partially terminate and abandon a portion of existing easement, as approximately one-third of the length of the easement, cuts across the property at a diagonal and the Owners and Public Works would prefer a linear easement. The Owners desire to construct a reflection pool, ("Improvements") on their Property, which encroaches on the southern two and a half feet (2 1/2')of the Easement Area. The City is amenable to executing and delivering this Release of the 2014 Easement in consideration of a modification to the Easement Area. The Owners are also seeking to provide a new utility easement along the property line that would replace the abandoned easement, in order to ensure that the 10 foot easement is in a straight line following the property line Page 455 of 2277 City staff has reviewed the Owners' request and believes that the abandonment of the existing easement, concurrent with the Property owner granting the City a new easement for the installation and maintenance of the proposed 15-inch stormwater outfall pipe, would be in the best interest of the City, and would accommodate the request of the Owners to build their new pool. CONCLUSION The Administration recommends approving the Resolution. Legislative Tracking Public Works ATTACHMENTS: Description ❑ Original easement ❑ RESOLUTION ❑ UPDATED AGREEMENT ❑ Attachment A ❑ Attachment B ❑ New location of easement Page 456 of 2277 1 11111111111111111111111111 11111 11111 11111111 • IN 2 q::yo p�o 0 9 7 1 '9' OR 8k. 29734 F'aa :3875 -- 3882; (spas) RECORDED 10/10/2014 15:52:31. HARVEY 1 UVIFIv CLERK OF COURT t1IANI°•DADE C:OUNT f v FLORIDA This instrument was prepared by: • Name: Monika H. Entin, Esq. Bercow Radell &Fernandez Address: 200 S. Biscayne Blvd., Suite 850 Miami, Florida 33131 • UTILITY EASEMENT AGREEMENT THIS UTILITY E SEMEN]. AGREEMENT ("Easement Agreement"), is made this /.1 day of st 14, by and among MARY CARPENTER, the owner(the "Owner" and "Grantor") of the property located at 118 West Di Lido Drive, Miami Beach, Florida 33139 (the "Property"), within the City's municipal jurisdiction and the CITY OF MIAMI BEACH, a Florida municipal corporation, as grantee ("Grantee"). • • WITNESSETH: WHEREAS, Grantor is developing a single-family home to be located on the Property; and WHEREAS, in exchange for Grantee releasing an easement recorded in Book 2170 and Page, 546-547, and as contemplated by City of Miami Beach Resolution 2013-28209 (executed May 8, 2013), Grantor provides a new replacement perpetual utility easement to the Grantee; and WHEREAS, Grantor will construct a new 15 inch storm-water outfall pipe within the new Easement Area, along the Property line consistent with the legal description and relocation diagram, which is described in Composite Exhibit A hereto; and WHEREAS, Grantor desires to provide the Grantee with the new perpetual right and easement to lay, access, and maintain underground sewers, and in particular, a 15-inch storm- water outfall pipe, as described in Composite Exhibit A, for the purposes set forth in this Utility Easement Agreement. • NOW THEREFORE, for and in consideration of ten and No/100 dollars ($10.00) and other good and valuable consideration the parties hereby mutually covenant and agree as follows: 1. The above recitals are true and .correct, and are hereby incorporated into this Agreement. • Page 457 of 2277 2. Consideration and Description. Grantor for and in consideration of the approval to Release and relocate the previously existing easement held by the Grantee as previously recorded at Miami-Dade County Official Record Book 2170 at page 547 and 548, 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 utility easement, under, upon and through the land in Miami-Dade, County, Florida, referenced herein as the Property, as more particularly described on Composite Exhibit A. 3. Term of Easement. The easement and rights granted herein shall be perpetual and shall be possessed and enjoyed by the Grantee, its successors and assigns, for the purposes stated herein. 4. Rights and Restrictions of Grantor. Grantor shall have the right to full use and enjoyment of the Property, except for such use as may unreasonably interfere with the exercise by the Grantee of the rights granted herein. Grantor shall not construct, or permit to be constructed, any structure or obstruction on or over the easement area, or which otherwise interferes with the access, construction, maintenance or any other aspect of the stormwater pipe identified in Composite Exhibit A, and authorized pursuant to this instrument. 6. Successors and Assigns. This Agreement shall be binding on the successors and assigns of Grantor and Grantee. 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. 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 Utility 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, from and, to the extent provided by, and subject to the limitations under, Section 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 Grantee, Grantee's Affiliates, guests or invitees of the Grantee, except to the extent that the same are the direct result of the negligence or willful misconduct of Grantor, or Grantor's employees, contractors, agents and/or representatives. Page 458 of 2277 12. Maintenance. City of Miami Beach Resolution Number 2013-28209, which authorized the release of a prior utility easement for the Grantor's Property be released, and authorized the Grantor to be responsible for the maintenance, repair and installation of the new 15 inch outfall pipe located on the Easement Area of Grantor's Property. 13. 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. 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. [Signatures and acknowledgements appear immediately following. Remainder ofpage intentionally blank.] • Page 459 of 2277 • GRANTOR Signed, sealed and delivered in the MARY CARPENTER presence of: (--01,4; Pru ► . A Grantor/Owne4l / lj Gtr 'rintLi ame: &Ion t c(At Before me, a Notary Public in and for said County and State, personally appeared Mafui A , c���c�Fzr , and f✓//I , who is (are) personally known to me or who has (have) produced F/61,4, C,«„se.. as identification and who did not take an oath, and who acknowledged the execution of the foregoing instrument. WITNESS my hand and Notarial Seal this )S 7H day of h!vu c�¢ , 2014. d My Commission Expires: Mai 311 Z417 Notary Public MATTHEW CONSOLAZIO HA-TNEw Con SoiAzio Notary Public (Printed) Connecticut p My Commission Expires May 31,2017 (Type, print or stamp name under signature) Title or rank and serial number, if any [Signatures continued on following page.J Page 460 of 2277 GRANTEE: ATTEST: CITY OF MIAMI BEACH City C rk -,.,) �,,,�M,yo t I :"j /�• i ` 1 _~�l.7.00; n nvei-'io enter Drive I/ y "-.MCORP Ohl'\I lam iPea lorida.33I39 r ,/ �� �: iy APPROVED AS TO FO' �It�1�'e1 9c;" �' !i' AND LANGUAGE AND ---Q—M• fi-' FOR EXECUTION City Attorney` ,/., Dated u ...d......._.- ,Ad.A.-'1. ', ... . 19/1/// e City Engineer Dated • Page 461 of 2277 LEGAL DESCRIPTION: EXHIBIT 'A" A portion of Lot 4, Block 2, PLAT OF DI LIDO AN ISLAND IN BISCAYNE BAY, according to the plat thereof as recorded in Plat Book 8, Page 36 of the public records of Miami—Dade County, Florida being more particularly described as follows: Commence at the Northeast corner of said Lot 4 also being a point on the Westerly right of way line of West Di Lido Drive; thence S 00'00'00" E along said West right of way line and Ecst line of said Lot 4 for 42.06 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue along said East Line of Lot 4 and said West Right of way line for 14.65 feet; thence N 43'03'24" W for 61.87 feet; thence N 90'00'00" W along a line 11.50 feet South of and parallel with the North line of said Lot 4 for 110.76 feet; thence N 00'00'00" E along a line 30.00 feet East of and parallel with the West line of said Lot 4 for 2.50 feet; thence N 90'00'00" W along a line 9.00 feet South of and parallel with the North line of said Lot 4 for 30.00 feet to a point on said West line; thence N 00'00'00" E along said West line for 7.50 feet; thence S 9000'00" E along a line 1.50 feet South of and parallel with the North line of said Lot 4 for 145.10 feet; thence S 43'03'24" E for 55.51 feet to the Point of Beginning. SURVEYOR'S NOTES: — This site lies in Section 33, Township 53 South, Range 42 East, City of Miami Beach, Miami—Dade County, Florida. — Bearings hereon are referred to an assumed value of S0000'00"E for the West right of woy line of Di Lido Drive. — Lands shown hereon were not abstracted for easements and/or rights—of—way of records. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on Survey prepared by MIGUEL ESPINOSA LAND SURVEYING INC. SURVEYOR'S CERTIFICATION: 1 I hereby certify that this "Sketch of Description" was made under my responsible charge on April 16, 2013, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Stctutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTIN, LEERY, SKILES, INC., LB3653 /� ; Daniel C. Fortin, For The Fir Surveyor and Mapper, LS2853 State of Florida. Drawn By REP m (Le al Description i tion Notes and Certification 'D lg I� r April 16, 2013 No 130473 FORTIN, LEAVY, S KILES INC. s�81e None Ref Dwg. ,3012-035 CONSULTING ENGINEERS, SURVEYORS &MAPPERS Job.No. 130473 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg No. 1013-034 l 180 Northeast 168th Stre� /n T Afi i�Beach,�Florida 33162 Plotted: 9/22/2014 1:02 PM Phone 305-653-4493/Fax 3 6 7 52 Email fls flssurve com Sheet 1 of 3 J EXHIBIT 'A" RIVO ALTO ISLAND SAN MARINO ISLAND DI LIDO ISLAND VENETIAN WY --� GRAPHIC SCALE 0 200 400 800 ( IN FEET ) /y! 1 inch = 400 ft. a Drawn By REP / Location Sketch 1 Date April 16, 2013 cad.No.130473 F ORTIN, LEAVY, S KILES, INC. She 1" = 400' Ref.Dwg. 3012-035 CONSULTING ENGINEERS, SURVEYORS&MAPPERS lob.No. 130473 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034 180 Northeast 168th Str t/N Rai each,Florida 33162 Plotted: 9/22/2014 1:03 PM J Phone 305-653-4493/Fax 3 -6 V7 mail fls @flssurvey.com / Sheet 2 of 3 ) OR 181.0,`, 29346 PG 388:2 LAST PAGE , EXHIBIT 'A" ' , Lot 6,Block 2 F ,r POINT OF South line of -/ COMMENCEMENT w' ' Lot 5,Block 2 Northeast Corner of Lot 4, z J Block 2 PLAT OF DI LIDO ¢ Lot 5,Block 2 AN ISLAND IN z I BISCAYNE BAY I LL1 PLAT BOOK 8, PAGE 36 P in North line of Lot 4,Block 2--\s. ^ 27.5' 27.5' 1 N00°00'00"E r °' S90°00'00"E 145.10' tiV VV 7.50' ����i � ��5/� .,r SQ�o W BISCAYNE N90°00'00"W 110.76' �!i S `�� o East Lin-of BAY ° `Sr-Sr'' -oo o Lot 4,Bldck 2 > N00 00'00"E o to N90°00'00"W 2.50' tiQ ° o Lot 4,Block 2 �0 West line of 30.00' sr fir, J Lot 4. Block 2 \ `�A POINT OF •E I i Loo4h line of Soo°00'00"E Al BEGINNING t 1- 14.65' North line of Lot 3,Block 2 West Ri'ht of f Way Line f West Di Lido rive 27.5' 27.5' Lot 3,Block 2 -- South line of N Lot 3,Block 2 t. Lot 2,Block 2 GRAPHIC SCALE , , 0 20 40 80 ( IN FEET ) ��/„�/ 1 inch = 40 ft. fY (-Drawn By REP , SKETCH OF DESCRIPTION D April 16, 2013 -N Cad.No.130473 F ORTIN, LEAVY, S KILES, INC. Scale 1” = 40' Ref.Dwg. 3012-035 CONSULTING ENGINEERS,SURVEYORS &MAPPERS Job.No. 130473 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034 Plotted. 180 Northeast 168th Strest/N�t [''' Beach,Florida 33162 9/22/2014 PM l ` phone 305-653-4493/Fax mail fls®flssnrvey.com J Sheet 3 of 3 J This instrument was prepared by: Name: Monika H. Entin, Esq. Bercow Radell & Fernandez Address: 200 S. Biscayne Blvd., Suite 850 Miami, Florida 33131 PERPETUAL UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT AGREEMENT ("Easement Agreement"), is made this day of , 2016, by and among MICHAEL CARPENTER, MARY CARPENTER, the owners (the "Owners" and "Grantors") of the property located at 118 West Di Lido Drive, Miami Beach, Florida 33139 (the "Property"), within the City's municipal jurisdiction • and the CITY OF MIAMI BEACH, a Florida municipal corporation, as grantee ("Grantee"). WITNESSETH: WHEREAS, on May 8, 2013, via Resolution No. 2013-282209, the City vacated an existing easement on the property of Michael and Mary Carpenter (Owners), located in the middle of the residential property known as 118 West Di Lido Drive (the Property) and simultaneously authorized a new utility easement, along the Property line for stormwater outfall purposes; and WHEREAS, Resolution No. 2013-28209 was executed so that the Owners Could begin construction of their new home, without having to worry about the utility easement splitting their property and having the easement bisect their new home; and WHEREAS, in exchange for Grantee releasing an easement recorded in Book 29346 Pages 3875-3882, and as contemplated by City of Miami Beach Resolution (executed , 2016), Grantors hereby provide a new replacement perpetual utility easement to the Grantee; and WHEREAS, the Owners desire to construct a reflection pool, ("Improvements") on their Property, which encroaches on the southern two and a half feet (2'/2) of the Easement Area; and WHEREAS, the City is amenable to executing and delivering this Release of the 2014 • Easement in consideration of a modification to the Easement Area, providing that the remaining • seven and a half feet (7 Y2') of the Easement Area shall not be encumbered by any • improvements; WHEREAS, the Owners are also seeking to provide a new utility easement along the property line that would replace the abandoned easement, in order to ensure that the 10 foot easement is in a straight line following the property line; and Page 467 of 2277 WHEREAS, City staff has reviewed the Owners' request and believes that the abandonment of the existing easement, concurrent with the Property owner granting the City a new utility easement for the installation and maintenance of the proposed utility , would be in the best interest of the City, and would accommodate the request of the Owners to build their new pool. WHEREAS, Grantors desire to provide the Grantee with the new perpetual right and easement to lay, access, and maintain underground utilities in the area described in Composite Exhibit A, attached hereto (the "Easement Area"); and NOW THEREFORE, for and in consideration of ten and No/100 dollars ($10.00) and other good and valuable consideration 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. Grantors for and in consideration of the approval to Release and relocate the previously existing easement held by the Grantee as previously recorded at Miami-Dade County Official Record Book 29346 at pages 3875-3882, 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 utility easement, under, upon and through the land in Miami-Dade, County, Florida, referenced herein as the Property, as more particularly described on Composite Exhibit A. 3. Notwithstanding the grant of easement as set forth herein, the City agrees, provided that and for so long as Owners timely observe and perform all obligations hereunder, the Easement Area shall be re-configured, as described in Composite Exhibit A, to allow Owners to construct a reflection pool, ("Improvements") adjacent to. the Easement Area, provided the Easement Area shall not be encumbered by Owners by any improvements, other than removable landscape and removable hardscape features. A copy of Owners' preliminary plans for Improvements to the Property is attached hereto as Exhibit "B"; the parties acknowledge and agree that Exhibit-`B" is not a construction drawing but is schematic and conceptual, and further recognize that Owners may modify the non-material details of such plan as long as all Owners' Improvements adjacent to the Easement Area remain consistent with the restrictions set forth in the foregoing sentence and in the Agreement. In the event the City requires access to the Easement Area contained in Composite Exhibit A, Owners acknowledge and agree that the City shall have no liability to Owners for damage to the reflection pool, or other improvements of Owners or otherwise arising therefrom. Owners further agree that upon reasonable advance notice from • the City evidencing that the City requires access over the two and a half feet (2 '/' ) containing the Improvements adjacent to the south side of the Easement Area, in connection with exercise • of its rights hereunder, for the duration of the Agreement, the City shall only be required to level the area with the surrounding property and install natural vegetation over the Easement Area and the adjacent two and a half feet (2 1/2) where the Improvements are located, at its sole cost and expense,. Owners further agree that in the event of required removal or modification of Improvements, or of the City's exercise of any of its rights hereunder, Owners shall have no claim for, and shall not bring action (including an action for equitable estoppel) against the City, • • and hereby waive the right to file any claims of any kind or nature against the City to recover the. Page 468 of 2277 value of Owners' Improvements or any other compensation or damages, other than as provided herein. 4. Perpetual Easement. This voluntary Easement Agreement shall remain in full force and effect and shall be binding upon the Grantor of the Property, its successors in interest and assigns, in perpetuity and shall be possessed and enjoyed by the Grantee, its successors and assigns, for the purposes stated herein. 5. Rights and Restrictions of Grantors. Grantors shall have the right to full use and enjoyment of the Property, except for such use as may unreasonably interfere with the exercise by the Grantee of the rights granted herein. Pursuant to the terms of paragraph, 3 above, Grantors may construct the Improvements adjacent to the Easement Area, provided the Easement Area shall not be encumbered by any improvements. Grantors shall not construct, or permit to be constructed, any structure or obstruction on or over the Easement Area, or which otherwise interfere with the access, construction, maintenance of any utility placed within the Easement Area • 6. This Easement Agreement may be modified, amended or released as to any portion of the Property by a written instrument executed by the then Grantor(s) of the fee-simple title to the land to be affected by such modification, amendment or release providing that same has been approved by the Public Works Director. Should this instrument be so modified, amended or released, the Pubic Works Director shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release.. 7. This Easement Agreement shall be recorded in the Public Records of Miami- Dade County, Florida, at the cost of the Grantor. 8. It is understood and agreed that any City official has the right, during normal business hours, to enter and investigate the use of the Property, to verify compliance with the conditions of this Easement Agreement and the requirements of the City's building, public works, zoning and land development regulations. 9. An action to enforce the terms and conditions of this Easement Agreement may be brought by the Grantee and may be, at law or in equity, against any party or person violating or attempting to violate any provision of this Easement Agreement or provisions of the building, City Code, zoning or land development regulations, either to restrain violations or to recover damages. 10. This Easement Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms and conditions herein, exclusive venue for the enforcement of same shall be Miami- Dade County, Florida. This Easement Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Easement Agreement shall be Miami Dade County, Florida, if in state court, and the U.S. District • Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS EASEMENT • AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER Page 469 of 2277 PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS EASEMENT. 11. Successors and Assigns. This Easement Agreement shall be binding on the successors and assigns of Grantors and Grantee. 13. 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. 14. Grantors Representations. Grantors covenant, warrant and represent (i) that Grantors are the fee simple owners of the Utility Easement Property and have the right, title and • capacity to grant the perpetual easement granted herein, and (ii) there are no lienholders on the Easement Property. • 15. Grantee and Affiliates. Grantee agrees to release Grantors, from and, to the extent provided by, and subject to the limitations under, Section 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 P Y fees and settlement, resulting from, arising out of or in any way connected to the use of the Easement Property by the Grantee, Grantee's Affiliates, guests or invitees of the Grantee, except to the extent that the same are the direct result of the negligence or willful misconduct of Grantors, or Grantors' employees, contractors, agents and/or representatives. • 16. 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. i TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever, and Grantors will defend the title to the Easement Property against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantors 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. [Signatures and acknowledgements appear immediately following. Remainder of page intentionally blank.] • Page 470 of 2277 GRANTORS Signed, sealed and delivered in the MICHAEL CARPENTER presence of: Print Name: Grantor/Owner • Print Name: • Signed, sealed and delivered in the MARY CARPENTER • presence of: Print Name: Grantor/Owner Print Name: • Before me, a Notary Public in and for said County and State, personally appeared , and , who is • (are) personally known to me or who has (have) produced as identification and who did not take an oath, and who acknowledged the execution of the foregoing instrument. WITNESS my hand and Notarial Seal this day of 2016. My Commission Expires: Notary Public (Printed) (Type, print o r stamp name under signature) ) Title or rank and serial number, if any [Signatures continued on following page.] • Page 471 of 2277 • GRANTEE: ATTEST: CITY OF MIAMI BEACH • City Clerk Mayor 1700 Convention Center Drive Miami Beach, Florida 33139 APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION I '1 0 //6 ity Attorney Dated City Engineer Dated • Page 472 of 2277 ' 4 This instrument was prepared by: Name: Monika H. Entin, Esq. Bercow Radell & Fernandez Address: 200 S. Biscayne Blvd., Suite 850 Miami, Florida 33131 TERMINATION AND ABANDONMENT OF AN EXISTING UTILITY EASEMENT IMPLEMENTED PURSUANT TO CITY RESOLUTION NO. 2013-28209 This Release is made and entered into effective as of this day of , 2016, by the City Of Miami Beach, a Florida Municipal Corporation (the "City"), and with a mailing address of 1700 Convention Center Drive, Miami Beach, FL 33139,with the joinder and consent of Michael Carpenter and Mary Carpenter,the owners (the "Owners") of the property located at 118 West Di Lido Drive, Miami Beach, Florida 33139 (the "Property"), within the City's municipal jurisdiction. WHEREAS, on or about May 8, 2013 the Owners of the Property obtained approvals and consent from the City, pursuant to Resolution No.2013-28209,to relocate a previously existing easement burdening the Property; and WHEREAS, as part of the granting of those approvals and consents the City required the Owner to relocate the previously existing easement to another location within the Property boundaries (the "Easement Area); and WHEREAS, on or about August 15, 2014, the City was granted an easement, recorded in OR Book 29346 Pages 3875-3882, of the public records of Miami—Dade County, Florida (attached hereto as Exhibit "A"), the intent and purpose of which was to allow the installation and maintenance of underground sewer lines (the"2014 Easement"); and WHEREAS, the Owners desire to construct a reflection pool, ("Improvements") on their Property,which encroaches on the southern two and a half feet(2Y2')of the Easement Area; and WHEREAS, the City is amenable to executing and delivering this Termination and Abandonment of the 2014 Easement in consideration of a modification to the Easement Area, providing that the remaining seven and a half feet (7 %2') of the Easement Area shall • not be encumbered by any improvements; and WHEREAS, the City has processed the request for execution and delivery of this Termination and Abandonment of the 2014 Easement in accordance with the requirements of the City; and Page 473 of 2277 • NOW THEREFORE, in consideration of the forgoing, and other good and valuable consideration provided by Owners, the receipt and sufficiency whereof are hereby acknowledged by the City, the 2014 Easement is hereby released and canceled, in toto, and is of no further effect. IN WITNESS WHEREOF, the City has duly executed this Release as of the day and year first above written. CITY OF MIAMI BEACH, a political subdivision of the State of Florida Witnesses: By: Mayor Philip Levine (Printed) Approved as to Form and Language for Execution L/4J. D)7-/?/ /A (Printed) Cii Attorn-y Date STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) Before me, a Notary Public in and for said County and State, personally appeared , and , who is (are) personally known to me or who has(have)produced as identification and who did not take an oath, and who acknowledged the execution of the foregoing instrument. WITNESS my hand and Notarial Seal this day of , 2016. Ii My Commission Expires: Notary Public 2 Page 474 of 2277 6 EXHIBIT "A" LEGAL DESCRIPTION: A portion of Lot 4, Block 2, PLAT OF DI LIDO AN ISLAND IN BISCAYNE BAY, according to the plat thereof as recorded in Plat Book 8, Page 36 of the public records of Miami—Dade County, Florida being more particularly described as follows: Commence at the Northeast corner of said Lot 4 also being a point on the Westerly right of way line of West Di Lido Drive; thence S 00'00'00" E along said West right of way line and East line of said Lot 4 for 11.00 feet; thence S 90'00'00" W along a line parallel to and 11.00 feet South of the North Line of said Lot 4 for 61.58 feet to the Point of Beginning of the hereinafter described parcel of land; thence N 00'00'00" E for 2.67 feet; thence S 00'00'00" W along a line parallel to and 8.33 feet South of the said North Line of Lot 4 for 29.58 feet; thence S 00'00'00" E for 2.67 feet; thence N 90'00'00" E along a line parallel to and 11.00 feet South of the said North Line of Lot 4 for 29.58 feet to the Point of Beginning. SURVEYOR'S NOTES: — This site lies in Section 33, Township 53 South, Range 42 East, City of Miami Beach, Miami—Dade County, Florida. — Bearings hereon are referred to an assumed value of S00'00'00"E for the West right of way line of Di Lido Drive. — Lands shown hereon were not abstracted for easements and/or rights—of—way of records. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on CARPENTER RESIDENCE Easement Modification (Comm No 1247) Sheet No. A-0.4, Dated April 14, 2016 prepared by CHOEFF + LEVY P.A. ARCHITECTURE INTERIOR DESIGN. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on April 15, 2016, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTIN, LEAVY, SKILES, INC., LB3653 By: Daniel C.Fortin,For The Firm Surveyor and Mapper,LS2853 State of Florida. 'Drawn By REP 'Legal Description, Notes and Certification) 'Otto April 15, 2016 Cad.No. None Ref.Dwg130473 e FORTIN LEAVY, S KILES, INC. -- bNo 160444 e 3012-035 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034-3 180 Northeast 168th Street/North Miami Beach,Florida 33162 Plotted: 4/17/2016 9:13 PM J Phone 305-653-4493/Fa 6j 57d1527Pnail flsQflssnrvey.com Sheet 1 of 3 EXHIBIT 'A" lirt RIVO ALTO „,■ Oa I INN il.m _mil ISLAND MIIII MIN SAN MARINO 11111 11 Eng ISLAND Mil Mill ■111 11111 MI 11�■■ � Mil C MIN 111 •� EE!EE 1111 I gm WI 0111 MN 1111 ; MI MIIII Ma VENETIAN W PM Mil N 1111 ... ..• 1111 NM. /i/i W .. " jilt � 3 1 1 1 1 3 111111 N W IOW W X1111 .. 2nd DIUDO TERRACE _ SITE 'LoT 5 LOT 4 ''ll _ GRAPHIC SCALE _ LOT3 0 200 400 800 LOT2 ........: 111 � i ► LOT 1 1st TERRACE ( IN FEET _ MEM - 1 inch = 400 it. ' "nBY REP Location Sketch Dare April 15, 2016 Cad.No.130473 F ORTIN, LEAVY, S KILES, INC. Soak 1" = 400' Dwg.Dw . Job.No. 160444 3012-035 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034-3 180 Northeast 168th Street/North Miami Beach,Florida 33162 Plotted: 4/17/2016 9:13 PM Phone 305-653-4493/F. '::re.-••",•. di5227iinail fls@flssurvey.com Sheet 2 of 3 ilo, EXHIBIT "A" Lot 6,Block 2 L POINT OF South line of COMMENCEMENT w Lot 5,Block 2 Northeast Corner of Lot 4, z J Lot 5,Block 2 Block 2 PLAT OF DI LIDO ¢ AN ISLAND IN H BISCAYNE BAY 27.5 U 0 PLAT BOOK 8,PAGE 36 i• , .1 North line of 2.67' m N 00°00'00"E Lot 4,Block 2 m 2.67' c — — — — — --City of Miami Beach Drainage Easement 7 i BISCAYNE I S 90°00'00"W 61.58' S 00° 0'00"E BAY S 90°00'00"W I 29.58' N 90°00'00"E POINT OF I 1 .00' 29.58' BEGINNING I I .> I Lot 4,Block 2 West line of 6- Lot 4.Block 2 South line of East Li Lot 4,B k IB k 2 •a Lot 4,Block 2 I North line of West Ri.htof m Lot 3,Block 2 Way Line•f West Di Lido I rive 27.5' 27.5' Lot 3,Block 2 7/'South line of N / Lot 3,Block 2 —I I I I DI I Lot 2,Block 2 GRAPHIC SCALE 20 40 80 IMMME( IN FEET ) 1 inch = 40 ft. • /Drawn By REP , 1 SKETCH OF DESCRIPTION 1 /Date April 15, 2016 Cad.No.130473 F ORTIN, LEAVY, S KILES, INC. Scale 1 1" = 40' Ref Dwg. 160444 g SBO CONSULTING ENGINEERS, SURVEYORS &MAPPERS Job.No. FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034-3 180 Northeast 168th Street/North Miami Beach,Florida 33162 Plotted: 4/17/2016 9:13 PM Phone 305-653-4493/F Sheet of 3 / �d��2�si1 flsQflssnrvey.com ` 3 J EXHIBIT "A" LEGAL DESCRIPTION: A portion of Lot 4, Block 2, PLAT OF DI LIDO AN ISLAND IN BISCAYNE BAY, according to the plat thereof as recorded in Plat Book 8, Page 36 of the public records of Miami—Dade County, Florida being more particularly described as follows: Commence at the Northeast corner of said Lot 4 also being a point on the Westerly right of way line of West Di Lido Drive; thence S 00'00'00" E along said West right of way line and East line of said Lot 4 for 1.00 foot to the Point of Beginning of the hereinafter described parcel of land; thence continue along said East Line of Lot 4 and said West Right of way line for 10.00 feet; thence S 90'00'00" W along a line parallel to and 11.00 feet South of the North Line of said Lot 4 for 152.77 feet; thence N 00'00'00" W for 2.50 feet; thence S 90'00'00" W along a line parallel to and 8.50 feet South of the North Line of Lot 4 for 30.23 feet to a point on the West line of said Lot 4; thence N 00'00'00" W along said West Line for 7.50 feet; thence N 90'00'00" E along a line 1.00 foot South of and Parallel with the said North line of Lot 4 for 183.00 feet to the Point of Beginning. SURVEYOR'S NOTES: — This site lies in Section 33, Township 53 South, Range 42 East, City of Miami Beach, Miami—Dade County, Florida. — Bearings hereon are referred to an assumed value of S00'00'00"E for the West right of way line of Di Lido Drive. — Lands shown hereon were not abstracted for easements and/or rights—of—way of records. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on Sketch prepared by Survey prepared by Miguel Espinosa Land Surveying Inc. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on April 15, 2016, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTIN, LEAVY, SKILES, INC., LB3653 By: Daniel C.Fortin,For The Firm Surveyor and Mapper,LS2853 State of Florida. Drawn By REP 'Legal Description, Notes and Certification, 'D 9' p April 15, 2016 Cad.N°'130473 FORTIN LEAVY, S KILES one , INC. Job.No. 160444 None Ref Dwg. 3012-035 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034-1 180 Northeast 168th Street/North Miami Beach,Florida 33162 `lotted: 4/17/2016 9:17 PM 2 Phone 305-653-4493/Fa a ]1$7df522 hail fls@fIssurvey.com Sheet 1 of 3 EXHIBIT "A" lirRIVO ALTO ,,* ov, AI wil ids _=NI ISLAND MI SAN MARINO rill Hi all 1111 ISLAND MN Mil liii Mall 11.111 141 ' NE link••mil um ■ le1111 , 1E- 1111 ,MI Mil MilMN . a -0 l W 01111 Mil Mil "11 N n X 1111 Mill liii � all 1111 Q J WliiiN_ L 1 " 3,, _ SITE � 2nd DILIQOTERRACE ,.,. LOT 5 LOT 1", GRAPHIC SCALE LOT3 0 200 400 800 L07211/1 ' 1 LO7 i tst TERRACE-- ( IN FEET ) _ .■■ - 1 inch = 400 it. C�W°By REP / Location Sketch , �— April 15, 2016 \ Cad NO'130473 FORTIN, LEAVY, S KILES, INC. Scale 1" = 400' Ref.Dwg. 3012-035 CONSULTING ENGINEERS, SURVEYORS&MAPPERS Job.NO' 160444 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034-1 180 Northeast 168th Street/North Miami Beach,Florida 33162 Plotted: 4/17/2016 9:17 PM i Phone 305-653-4493/Fa6P97#527Tinail fls@flssurvey.com Sheet 2 of 3 j N EXHIBIT 'A" Lot 6,Block 2 L POINT OF South line of COMMENCEMENT w Lot 5,Block 2 Northeast Corner of Lot 4, 73 J Lot 5,Block 2 Block 2 PLAT OF DI LIDO ¢ AN ISLAND IN Z BISCAYNE BAY w PLAT BOOK 8,PAGE 36 27.5' U 27.5' iv North line of Lot 4,Block 2 S 00°00'00"E N 90°0'00"E 183.00' 1.00' N 00°00'00"W — 0 — — r POINT OF 7.50' _� BISCAYNE BEGINNING BAY S 00°00'00"W 152.77' NS 00°00'00"E S 90°00'00"w 00°00'00"W I 19.00' 30.23' I 2.50' Lot 4,Block 2 .? West line of 6 of Lot 4.Block 2 South line of Lot 4,B k Lot 4,BIB k 2 4,Block 2 b / Lot North line of West Ri.ht of ai Lot 3,Block 2 Way Line.f West Di Lido I rive 27.5' 27.5' Lot 3,Block 2 South line of N ,Lot 3,Block 2 Lot 2,Block 2 GRAPHIC SCALE 0 20 40 80 ( IN FEET ) 1 inch = 40 ft. �DraBy REP -\ ' SKETCH OF DESCRIPTION Date April 15, 2016 ■ Cad No.130473 F ORTIN, LEAVY, S KILES, INC. Scale 1" = 40' Re Dwg. SBO CONSULTING ENGINEERS,SURVEYORS&MAPPERS Job.No. 160444 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1013-034-1 180 Northeast 168th Street/North Miami Beach,Florida 33162 `lotted: 4/17/2016 9:17 PM Phone 305-653-4493/Fa 6�e'7cj 22 Mail fls@flssurvey.com Sheet 3 of 3 .. • , Z z ,::: • 57---::•• , c..., ...C.- ‘,','; ' , '..'... _._.- • -1 M • - ,..••.:•• • . -,- Ilk •,:. _ • — --..,„. ,., :.: .-,,•:.,:= ,. , .. Jill . . . LL LAJ : '.Z, '45'#*'''?'• . .'"., . ,, : ...' e%,_ Cr -.:,... ,,:•-.-,-,;4. 4, 't, .** . • i . i ' I I I Ir. -----,--_,,,_ ... -J ° „ . . .. 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Biscayne Blvd., Suite 850 Miami, Florida 33131 UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT AGREEMENT ("Easement Agreement"), is made this day of , 2016, by and among MICHAEL CARPENTER, MARY CARPENTER, the owners (the "Owners" and "Grantors") of the property located at 118 West Di Lido Drive, Miami Beach, Florida 33139 (the "Property"), within the City's municipal jurisdiction and the CITY OF MIAMI BEACH, a Florida municipal corporation, as grantee ("Grantee"). WITNESSETH: WHEREAS, Grantors i.sare developing a single-family home to be located on the Property; and WHEREAS, in exchange for Grantee releasing an easement recorded in Book 29346 Pages 3875-3882, and as contemplated by City of Miami Beach Resolution (executed , 2016), Grantors provides a new replacement perpetual utility easement rthe "Easement Area") to the Grantee; and WHEREAS, Grantors desires to provide the Grantee with the new perpetual right and easement to lay, access, and maintain underground utilities -in the area described in Composite Exhibit A, attached hereto (the "Easement Area"); and NOW THEREFORE, for and in consideration of ten and No/100 dollars ($10.00) and other good and valuable consideration 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. Grantors for and in consideration of the approval to Release and relocate the previously existing easement held by the Grantee Page 482 of 2277 as previously recorded at Miami-Dade County Official Record Book=29346 at pages 3875-3882, 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 utility easement, under, upon and through the land in Miami-Dade, County, Florida, referenced herein as the Property, as more particularly described on Composite Exhibit A. 3._ Notwithstanding the grant of easement as set forth herein, the City agrees that, provided that and for so long as Owners timely observes and performs all obligations hereunder, the Easement Area shall be re-configured, as described in Composite Exhibit A, to allow Owners may to construct a reflection pool, ("Improvements") on the southern two and a half feet (2 1/2' ) of the adjacent to the Easement Area, provided the wining seven and a half feet (7 1/2') of the Easement aArea shall not be encumbered by Owners by any improvements, but may be improved by Owner withother than removable landscape and removable hardscape features. A copy of Owner's' preliminary plans for Improvements to the Property within the Easement Area is attached hereto as Exhibit "B"; the parties acknowledge and agree that Exhibit "B" is not a construction drawing but is schematic and conceptual, and further recognize that Owners may modify the non-material details of such plans as long as all Owner's' Improvements adjacent to the Easement Area remain consistent with the restrictions set forth in the foregoing sentence and in the Agreement. In the event the City requires access to the Easement Property Area pursuant contained in Composite Exhibit A, Owners acknowledges and agrees that the City shall have no liability to Owners for damage to the reflection pool, or other improvements of Owners or otherwise arising therefrom. Owners mad further agrees that upon reasonable advance notice from the ;City evidencing that the City requires access over the south two and a half feet (2 W—) Of- hecontaininq the Improvements adjacent to the south side of the Easement Area in connection with exercise of its rights hereunder, for the duration of the Agreement, the City shall only be required to level the area with the surrounding property and sedinstall natural vegetationtBEi] over the Easement Area and the adjacent two and a half feet (2 1/2') where the Improvements are located, at its sole cost and expense, Licensee's Improvements to be removed. Owners further agrees that in stsh-the event of required removal or modification of Improvements, or of the City's exercise of any of its rights hereunder, Owners shall have no claim for, and shall not bring action (including an action for equitable estoppel) against the City, and hereby waives the right to file any claims of any kind or nature against the City to recover the value of Owner's' Improvements or any other compensation or damages, other than as provided herein. 4. Term of Easement. This voluntary Easement Agreement shall remain in full force and effect and shall be binding upon the Grantor of the Property, its successors in interest and assigns, for a period of thirty (30) years, and for successive ten (10) year periods thereafter, from the date this instrument is recorded in the public records. This time period will be automatically renewed unless released upon a petition for removal, modification or amendment of condition is approved by an act of the City Commission. Page 483 of 2277 The easement and rights granted herein shall be perpetual and shall be possessed and enjoyed by the Grantee, its successors and assigns, for the purposes stated herein. 5._ Rights and Restrictions of Grantors. Grantors shall have the right to full use and enjoyment of the Property, except for such use as may unreasonably interfere with the exercise by the Grantee of the rights granted herein. Pursuant to the terms of paragraph, 3 above, Grantors may construct the Improvements adjacent to the Easement Area, provided the Easement Area shall not be encumbered by any improvements. 'Grantors shall not construct, or permit to be constructed, any structure or obstruction on or over the Eeasement aArea, or which otherwise interferes with the access, construction, maintenance of any utility placed within the Eeasement AArea.; • 6._This Easement Agreement may be modified, amended or released as to any portion of the Property by a written instrument executed by the then Grantor(s) of the fee-simple title to the land to be affected by such modification, amendment or release providing that same has been approved by the Public Works Director. Should this instrument be so modified, amended or released, the PulaisPublic Works Director shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. 7. —This Easement Agreement shall be recorded in the Public Records of Miami-Dade County, Florida, at the cost of the Grantor. 8. —It is understood and agreed that any City official has the right, during normal business hours, to enter and investigate the use of the Property, to verify compliance with the conditions of this Easement Agreement and the requirements of the City's building, public works, zoning and land development regulations. 9. An action to enforce the terms and conditions of this Easement Agreement may be brought by the Grantee and may be, at law or in equity, against any party or person violating or attempting to violate any provision of this Easement Agreement or provisions of the building, City Code, zoning or land development regulations, either to restrain violations or to recover damages. 10. —This Easement Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms and conditions herein, exclusive venue for the enforcement of same shall be Miami-Dade County, Florida. This Easement Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Easement Agreement shall be Miami Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS EASEMENT AGREEMENT, GRANTOR Page 484 of 2277 AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS EASEMENT. 11. —Successors and Assigns. This Easement Agreement shall be binding on the successors and assigns of Grantors and Grantee. 7. Amendments; Termination. This Agreement may not be amended, 6192. 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. 1439._ Grantors Representations. Grantors covenants, warrants and represents (i) that Grantors are-is the fee simple owners of the Utility Easement Property and hasve the right, title and capacity to grant the perpetual easement granted herein, and (ii) there are no lienholders on the Easement Property[BE3]. 1649._ Grantee and Affiliates. Grantee agrees to release Grantors, from and, to the extent provided by, and subject to the limitations under, Section 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 Grantee, Grantee's Affiliates, guests or invitees of the Grantee, except to the extent that the same are the direct result of the negligence or willful misconduct of Grantors, or Grantor's: employees, contractors, agents and/or representatives. 1365._ 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. TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever, and Grantors will defend the title to the Easement Property against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantors 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. Page 485 of 2277 [Signatures and acknowledgements appear immediately following. Remainder of page intentionally blank.] Page 486 of 2277 GRANTORS Signed, sealed and delivered in the MARY MICHAEL CARPENTER presence of: Print Name: Grantor/Owner Print Name: Signed, sealed and delivered in the MARY CARPENTER presence of: Print Name: Grantor/Owner Print Name: Before me, a Notary Public in and for said County and State, personally appeared , and , who is (are) personally known to me or who has (have) produced as identification and who did not take an oath, and who acknowledged the execution of the foregoing instrument. WITNESS my hand and Notarial Seal this day of , 2016. My Commission Expires: Notary Public Page 487 of 2277 (Printed) (Type, print or stamp name under signature) Title or rank and serial number, if any [Signatures continued on following page.] • Page 488 of 2277 GRANTEE: ATTEST: CITY OF MIAMI BEACH City Clerk Mayor 1700 Convention Center Drive Miami Beach, Florida 33139 APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION City Attorney Dated City Engineer Dated Page 489 of 2277