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Memorandum to Easement Agreement with Sobe Toscana, LLC and Miami Beach, LLC MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov OFFICE OF THE CITY ATTORNEY Tel:305-673-7000 Ext 6955 MEMORANDUM Date: September 19, 2022 To: Rafael E. Granado, City Clerk From: Gisela Nanson Torres, Senior Assistant City Attorney Ext. 6955/Fax: 305-673-7002/giselatorres(a�m iamibeachfl.gov Re: Easement Agreement from the City to Sobe Toscana, LLC and Miami Beach, LLC relating to the City property located at 22 Washington Avenue; Folio Nos. 02-4203-009-2021 and 02-4203-009-2040 FPL; Resolution No. 2021-31926. Dear Clerk, Attached please find the foregoing original, recorded Easement Agreement for safekeeping. Let me know if you have any questions. Best regards, cioeta Name's if oueo MIAMIBEACH Gisela Nanson Torres, Senior Assistant City Attorney Tel:305-673-7000 Ext.6955/glselatorrest mlamlbeachfl.gov MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach,Florida 33139,www.miamibeachfl.gov OFFICE OF THE CITY ATTORNEY Tel:305-673-7000 Ext 6955 MEMORANDUM Date: September 19, 2022 To: Rafael E. Granado, City Clerk 1./ From: Gisela Nanson Torres, Senior Assistant City Attorney • Ext. 6955/Fax: 305-673-7002/qiselatorres al7miamibeachfl.gov Re: Easement Agreement from the City to Sobe Toscana, LLC and Miami Beach, LLC relating to the City property located at 22 Washington Avenue; Folio Nos. 02-4203-009-2021 and 02-4203-009-2040 FPL; Resolution No. 2021-31926. Dear Clerk, Attached please find the foregoing original, recorded Easement Agreement for safekeeping. Let me know if you have any questions. Best regards, Qioeta Nanoon MIAMIBEACH Gisela Nanson Torres, Senior Assistant City Attorney Tel:305-673-7000 Ext.6955/giselatorres(q�miamibeachfl.gov 111111 11111 11111 11111 11111 JIlil 11111 III ilif C.F.11 2022R'J6 6127 OR BK 33362 P s 3980-3996 (17Pas) RECORDED 08:31/21)22 1.:3 52 1. DEED DOC: TAX $0,, ,t SUR i AX $0,4' by: HARVEY R► VIHs CLERK OF COURT This instrument was prepared t1I1NI--DADE COUNTY" FLORIDA Return to: Gisela Nanson Torres Senior Assistant City Attorney City of Miami Beach Office of the City Attorney, 4th Floor 1700 Convention Center Drive Miami Beach, Florida 33139 FOLIO No. 02-4203-009-2021 Folio No. 02-4203-009-2040 EASEMENT AGREEMENT AUG O 2012 THIS EASEMENT AGREEMENT (the "Agreement") is made effective this day of , 2019, by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, in its proprietary capacity, its successors and assigns ("Grantor") and SOBE TOSCANA, LLC, a Florida limited liability company, its successors and assigns ("Tenant") and MIAMI BEACH, LLC, a Florida limited liability company, its successors and assigns (Restaurant Owner) (Collectively, "Grantee"). WHEREAS, Grantor owns approximately 2,216 square feet of land, located at 22 Washington Avenue, Miami Beach, Florida, bearing Folio No. 02-4203-009-2021, as more particularly described in Exhibit "A" hereto ("Property"), and WHEREAS, the Property is positioned immediately adjacent to an existing restaurant space, located at 816 Commerce Street ("Restaurant Premises"), that is leased by the Tenant from Restaurant Owner; and WHEREAS, Grantor, as landlord, and Tenant are parties to a Lease Agreement, dated August 9, 2017 (Lease), involving the use of the Property as an outdoor seating area, ancillary to the Tenant's use of the Restaurant Premises; and WHEREAS, on December 8, 2021, the Mayor and City Commission adopted Resolution No. 2021-31926, authorizing the City Manager to execute an Easement Agreement for the use of a non-exclusive, subterranean, easement under a portion of the Property, as more particularly described in Section 2, for the installation of a new grease trap system, with a 500 gallon capacity (the "Facilities"), that will benefit the restaurant operations at the Restaurant Premises. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The above recitals and findings set forth in the preamble of this Agreement are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Grant. Grantor grants unto Grantee, its lessees and licensees, a non-exclusive subterranean easement, having approximately 204 square feet under that portion of the Property, as more specifically on Exhibit "B" incorporated herein by reference and attached hereto (the Page 1 of 13 as more specifically on Exhibit "B" incorporated herein by reference and attached hereto (the "Easement Area") to install, replace and maintain the Facilities, together with the non-exclusive right of ingress and egress over the Property for general construction purposes, subject to the prior coordination and consent of Grantor, which consent will not be unreasonably withheld or delayed. This Easement Area shall benefit the Restaurant Premises, as more particularly described in Exhibit "C", incorporated herein by reference and attached hereto. 3. Use of Easement Area. During the term of this Agreement, the Easement Area shall only be used to install, maintain, replace or remove, as needed, the Facilities ("Permitted Uses"). Grantee will cause plans and specifications to be prepared for any construction work related to the installation of any Facilities (the "Work") and obtain any and all governmental permits and approvals which may be required by any and all federal, state and local laws ("Laws") applicable to the Work (the "Permits"). While the initial Facilities have been approved by Grantor, in its proprietary capacity, all subsequent Work in connection with a Permitted Use, which requires the application of a building permit, shall be subject to the written consent of Grantor, which consent shall not be unreasonably withheld or delayed, provided said Facilities shall not unreasonably interfere with the Grantor's use of its Property and is contained within the Easement Area. After completion of the Work in the Easement Area by the Grantee, Grantee, at its sole expense, shall be required to restore the surface area of the Easement Area and the surrounding area to its original or better condition, ensuring that any hardscape or landscape that was disturbed during the construction process, including other adjoining areas, look uniform and not patched up. Grantee shall be responsible for maintaining its Facilities located within the Easement Area in good condition at all times, and in compliance with all Laws. In connection with any approved Work, Grantor, in its proprietary capacity, agrees to execute any Permit documents as may be necessary to obtain and thereafter maintain the Permits. 4. Use by Grantor of Property. Grantee realizes that the use of the Easement Area is nonexclusive, and that Grantor may continue to use the Easement Area, or grant further easement rights within the Easement Area, provided that Grantor does not unreasonably impede Grantee from using the Easement Area for the Permitted Uses. Grantee, at its own expense, may be required to move or modify the Facilities, as may be deemed necessary in connection with Grantor's use and operation of the Property or in connection with a governmental interest of the City of Miami Beach. In the event of a request for relocation, Grantor shall provide an alternate location as close as reasonably possible to the existing Easement Area. Unless caused by the gross negligence of Grantor, its employees, or agents, Grantor shall not be liable for injury, loss or damage to any of Grantee's Facilities that may be present in or outside the Easement Area from time to time, however occurring. 5. Easement Term. This Agreement and Grantee's rights and privileges hereunder shall have a term that is co-terminus with the length of time that Grantee continues to use the Facilities in the Easement Area, unless terminated under the terms of this Agreement. Grantee's failure to use the Easement Area for a period exceeding one hundred eighty (180) days shall be deemed an abandonment of the Easement Area, and may be terminated only as provided for herein. The Term shall commence upon the City's Building Department issuing the full Building Permits to commence work in the Easement Area ("Commencement Date"). Grantee shall send written notice to Grantor of the date of issuance for the Building Permits, prior to commencing to perform work at the Property, and thereafter when Grantee intends to cease use of the Easement Area. 6. Consideration. Grantee will pay to Grantor an annual fee for use of the Easement Are, in the amount of One Thousand three Hundred Fourteen Dollars ($1.314.00)for the first year, with Page 2 of 13 three percent(3%) annual increases thereafter. The annual fee shall be payable within thirty(30) days from the Commencement Date, and payable each year thereafter within ten (10)days of the annual anniversary of the Commencement Date of this Agreement. 7. Insurance. At all times during the term of this Agreement, Grantee, at its sole expense, shall obtain and keep in force insurance which may be required by applicable Laws governing Grantee's operations upon the Easement Area, and at minimum shall include the following: A. Commercial General Liability Insurance on an occurrence basis, to include: Premises Operations; Independent Contractors; Contractual Liability; Personal & Advertising Injury; Products-Completed Operations; Broad Form Property Damage including Completed Operations; and Underground, Explosion and Collapse Property Damage, with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate, for bodily injury and property damage. City of Miami Beach must be included as an additional insured by endorsement with respect to this coverage. B. Workers' Compensation Insurance for all employees of the Grantee, and Grantee shall require subcontractors at all tiers to carry Workers' Compensation Insurance, as required by Florida Statute Chapter 440 and Employer's Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Waiver of Subrogation — Grantee agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the Grantor has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Grantee shall furnish the Grantor with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the Grantor before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Grantor reserves the right to review complete, copies of all required insurance policies, including endorsements, required by these specifications, at any time at a mutually agreeable location. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve Grantee of his liability and obligation under this section or under any other section of this agreement. 8. Grantee's Right to Terminate; Termination of Easement; Removal of Grantee's Facilities. Grantee shall have the right to terminate this Agreement, at any time, without cause, Page 3 of 13 by providing Grantor with one hundred eighty (180) days' prior written notice. Following such termination, any other termination of the Agreement, or expiration of this Agreement, this Agreement shall become null and void and neither party shall have any further rights or duties hereunder, except as to provisions which are intended to survive expiration or termination of the Agreement. Prior to the expiration or termination of this Agreement, Grantee shall remove all of Grantee's Facilities from the Easement Area and restore the Property to the condition it was in before this Agreement, reasonable wear and tear excepted. 9. Recording. Grantor, at Grantee's expense, shall record this Agreement. 10. Hold Harmless. Grantee shall indemnify, defend and hold harmless Grantor, and its officers, employees, agents, and contractors ("Indemnified Parties")from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the use, construction on, and occupancy of the Easement Area by Grantee, its employees, contractors, servants, lessees, licensees or agents, or any other person or entity acting under Grantee's control or supervision, except to the extent such claims are caused by the intentional misconduct or grossly negligent acts or omissions of the Grantor, its officers, or employees. To that extent, Grantee shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by Grantor in the defense of such claims and losses, including appeals. Grantee expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Grantee shall in no way limit Grantee's responsibility to indemnify, keep and save harmless and defend the Indemnified Parties as herein provided. The provisions of this Section 10 and of this indemnification shall survive termination or expiration of this Agreement. 11. Hazardous Substances. For the purposes of this Agreement, "Hazardous Substances" shall mean, without limitation, all hazardous toxic substances, wastes and materials, all pollutants and contaminants and any other similar substances or materials which are included under or regulated by any present or future Environmental Laws. The term "Environmental Laws" means any local, state or federal law, rule or regulation pertaining to protection of human health and the environment, or environmental contamination, clean-up or disclosure including, without limitation, the federal Comprehensive Environmental Response Compensation and Liability Act of 1980, the federal Resource Conservation and Recovery Act of 1976, and any applicable law concerning waste management for the state where the Property is located, and amendments thereto, and regulations adopted pursuant to all such statutes, as amended. Grantee shall not(either with or without negligence) cause or permit the use, storage, generation, escape, disposal or release of any Hazardous Substances of Hazardous Wastes in any manner not sanctioned by law. In all events, Grantee shall indemnify and hold and hold Grantor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) from the presence or release of any Hazardous Substances or Hazardous Wastes on the Easement Area if caused by Grantee or persons acting under Grantee. Grantee shall execute such affidavits, representations and the like from time to time as Grantor Page 4 of 13 may reasonably request concerning Grantee's best knowledge and belief as to the presence of Hazardous Substances or Hazardous Wastes within the Easement Area or otherwise affecting the Property. 12. Interference. Subject to the requirements of Paragraph 4, from and after the date hereof and continuing until the Agreement is terminated, Grantee shall have the non-exclusive right to use the Easement Area in any manner which is consistent with the Permitted Uses and that will not interfere the Grantor's use of the Property. 13. Notices. All notices hereunder shall be in writing and shall be given by (i) established national courier service which maintains delivery records, (ii) hand delivery, or (iii) certified or registered mail, postage prepaid, return receipt requested to the addresses contained herein. Notices are effective upon receipt, or upon attempted delivery if delivery is refused. If to Grantor: City of Miami Beach, Florida 1700 Convention Center Drive, Fourth Floor Miami Beach, Florida 33139 Attention: Asset Management Division Director, Facilities and Fleet Management Department With copy to: City of Miami Beach 1700 Convention Center Drive, Fourth Floor Miami Beach, Florida 33139 Attention: City Attorney If to Grantee: Sobe Toscana, LLC 816 Commerce Street Miami Beach, Florida 33139 Attention: Catherine Arrighi Miami Beach LLC 132 Newbury Street Boston, MA 02116 Attention: Alex Safer With copy to: Paul B. Steinberg, Esq. Steinberg & Associates P.A. 767 Arthur Godfrey Road Miami Beach, Florida 33140 14. Default/Remedies. In the event either Grantor or Grantee (1) fails to make any payments due under the Agreement within fifteen (15)days, after written notice from the other party ("monetary default") or (2) fails to fulfill, in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement Page 5 of 13 within thirty (30)days, after written notice from the other party ("non-monetary default"), such other party shall have the right to terminate the Agreement for cause. The timeframe to cure a non-monetary default shall be reasonably extended if the defaulting party has commenced the curative actions and the timeframe to cure will take longer than thirty (30) days to complete, but for no longer than sixty (60) days. Additionally, such other party shall have the right to seek injunctive relief, to require specific performance of this Agreement, to collect damages from the defaulting party, and to take such actions as may be necessary in such other party's discretion to cure such violation and charge the defaulting party with all reasonable costs and expenses incurred by such other party as a result of such violation (including, without limitation, such other party's reasonable attorneys' fees). All rights and remedies provided under this Agreement are cumulative and may be pursued singularly, in any combination, and in any order. The failure to enforce any of the terms and provisions contained herein shall in no event be deemed to be a waiver of the right to thereafter strictly enforce the terms and provisions hereof. Interest. Any sums which remain unpaid shall accrue interest at the rate of one percent (1%) per month from the due date until paid in full. 15. Miscellaneous. a. Authority. Grantor represents that it owns the referenced property in fee simple and has the right and authority to execute this Agreement. Grantee represents that the undersigned representative has the right and authority to execute this Agreement. b. Partial Invalidity. If any term of this Agreement is found to be void or invalid, then such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. c. Successors and Assigns. Except as otherwise provided herein, this Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. d. Entire Agreement. Grantor and Grantee agree that this Agreement contains all of the agreements, promises and understandings between Grantor and Grantee. Any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the parties hereto. e. Construction of Document. Grantor and Grantee acknowledge that this document shall not be construed against the drafter by virtue of said party being the drafter. f. Applicable Law. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State where the Easement Area is located. [Remainder of Page Left Blank; Signature page follows] Page 6 of 13 IN WITNESS WHEREOF, Grantor and Grantee having read the foregoing and intending to be legally bound hereby, have executed this Agreement as of the day and year first written above. GRANTOR: ATTEST: CITY OF MIAMI BEACH, FLORIDA '-74/ AUG 1 0 2022 ' By Rafael E. Granado, City Clerk a T. Hudak, City anager '•.1WCORPORATED) cH26;; ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIL;R.11 ) The foregoing Second Mortgage and Security Agreement was acknowledged before me, by means of ./ physical presence or online notarization, this day of , 2021 by Alina T. Hudak, City Manager, of.the City of Miami Beach, Florida, who are personally known to me or have produced` as identification. \\����111111111111p///�i � My Commission Expireot .•'• MYCOy�i.q, ota ublic,4S+1,4- orida • � � p ��1 0 �W • ^1 mj ,\ ro:Z = i(j, osG�h2 • /,,�IIIORtD111\t��`\\\\\ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Page7of13 �- • /21/n City Attorney Date WITNESSES: GRANTEE: SOBE TOSCANA, LLC, a FI.rida limited liability company, By: 1, , chee Sobe Corp., a Florida cor t • on, as anager of Sobe Tos + L By: At t ,' P • a e: Nes it' ' A Print N: e: Catherine Arrighi Guitera Print Title (if any): President Print -a -� , Pv. • . A lb ACKNOWLEDGEMENT State/Commonwealth of 41 -;co11 County of r\ --^ p,. G h On this, the �-).,7 day of_TT- 1-i , 20 , before me, by means of physical presence or online notarization, he undersigned officer in and for the above-stated jurisdiction, personally appeared C‘,1-1.,. -� i),r,7t,; C -.:k,'who acknowledged him/herself to be the '' , - , _ . of Lychee Sobe Corp, a Florida corporation, as Manager of Sobe Toscana, LLC, and that he/she, being authorized to do so, executed the foregoing Easement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public r" RMEIYXC CHPOIREMMD I:S L.IOarcSNT Eh#IG00N6GB,22972;G3 Page 8 of 13 By: Mia ' obe Co •., a Florida corporation, .s : .ag-r of Sobe Toscana, LL By: • A 1 int am : Print Name: A on No.•ues Guitera Print Title * any : 'resident Print Nam : State/Commonwealth of t lo' ' County of 0 On this, the L 3 day of ,° , 20 , before me, by means of physical presence or online notarization, the undersigned officer in and for the above-stated jurisdiction personally appeared 4r ,--1 N� yQ �., , who acknowledged him/herself to be the Vz,e s =Ct i of Mia Sobe Corp, a Florida corporation, as Manager of Sobe Toscana, LLC, and that he/she, being authorized to do so, executed the foregoing Easement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my _ f Notary Public CJo""—"�, RMIYC CNOAMI SLSEh iGG 0B2E10R22G135 ',F / EXPIRES Marc Page 9 of 13 By: MIAMI BEACH, LLC, a Flori limited ' company By: Print Name: !Arne l AL L Hu SS P; �' Print Name:,Gaston Sa ar Print Title (if any): Manager Print Name: Ict.v , 4 A lr(v S State/Commonwealth of firm IU acETTS County of w FFOLL On this, the 2Ci t'4 day of .)Q 1J� , 2071, before me, by means of / physical presence or online notarization, the undersigned officer in and for the above-stated jurisdiction, personally appeared(3AS► c CNt 1\�- , who acknowledged him/herself to be the Q O C� of MIAMI BEACH, LLC, a Florida limited liability Company, and that he/she, being authorized to do so, executed the foregoing Easement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set ha official seal. Notary Public BALM J. PIMENTEL,JR. Notary Public �', Massachusetts , / My Commission Expires Jan 26. 2029 Page 10 of 13 Exhibit "A" THE PROPERTY A portion of Lots 1 and 2, Block 51, OCEAN BEACH ADDITION NO. 3, according to the Plat thereof, recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: Bounded on the North by the South R/W line of Commerce St.; Bounded on the West by the East line of Lot 2; Bounded on the South by the North R/W line of Biscayne Court; Bounded on the East by a line that is a perpendicular distance of 100 feet westerly and parallel to the East R/W line of Washington Avenue. Page 11 of 13 Exhibit "B" THE EASEMENT AREA Page 12 of 13 • SKETCH & LEGAL DESCRIPTION EASEMENT SECTION 3, TOWNSHIP 54 SOUTH, RANGE 42 EAST PROPERTY ADDRESS: 816 COMMERCE STREET, MIAMI BEACH, FLORIDA 33139 Folio# 02-4203-009-2040 Folio# 02-4203-009-2021 "CITY PROPERTY" LEGAL DESCRIPTION: The South 19 feet of the West 10.75 feet of Lot 2, in Block 51 of "OCEAN BEACH FLA ADDITION NO. 3' , according to the plat thereof as recorded in Plat Book 2, at Page 81, of the Public Records of Miami—Dade County, Florida. Said lands containing 204 square feet, more or less. SURVEYOR'S NOTES: 1) This is not a BOUNDARY SURVEY, but only a GRAPHIC DEPICTION of the description shown hereon. 2) Additions or deletions to survey maps or reports by other than the signing party or parties are prohibited without written consent of the signing party or parties. 3) There may be additional Restrictions not shown on this survey that may be found in the Public o Records of this County, Examination of ABSTRACT OF TITLE will have to be made to determine recorded instruments, if any affecting this property. 4) No Title search has been performed to determine if there are any conflict existing or arising out of :o the creation of the Easements, Right of Ways, Parcel Descriptions, or any other type of encumbronces A that the herein described legal may be utilized for. 5) The North arrow and bearings shown hereon are based on aforementioned recorded plot. 6) Coordinates shown hereon are relative to the Florida State Plane coordinate system East Zone, North American Datum of 1 983/1 201 1 (NAD/2011). a 7) This Sketch and Legal Decription is Certified to the City of Miami Beach. 6 SURVEYOR'S CERTIFICATE: I Hereby Certify to the best of my knowledge and belief that this drawing is a true and correct representation of the SKETCH AND LEGAL DESCRIPTION of the real property described hereon. 5 I further certify that this survey was prepared in accordance with the applicable provisions of Chapter 5J-17, Florida Administrative Code. Jacob a,.�� ,ap"'�W"9"� Gomisr°"°°°' NOV �OORg7 LB 7282 Dote: August 19, 2021 JACOB COWSE IIMIP LAND aURVCYORB, INC. Job Number: RP21-1223 Professional Surveyor & Mapper 3 State of Florida Reg. No. 6231 0 6175 NW 153rd STREET SUITE 321, MIAMI LAKES, FL. 33014 PHONE: 305-822-6062 ' FAX: 305-827-9669 NOTE: This Sketch is NOT A BOUNDARY SURVEY. Page 1 of 2 SKETCH & LEGAL DESCRIPTION EASEMENT SECTION 3, TOWNSHIP 54 SOUTH, RANGE 42 EAS COMMERCE STREET RIGHT-OF-WAY LINE _ T 30.00' � 30.00' i I 40' i i "OCEAN BEACH, FLA ADDITION NO.3" 30' ' (P.B. 2, PG.i$1, M.D.C.R.) ' / / L. I 3 / / - I Z PORTION 'o --.1 oI f ID LOT-3 OF LOT-2 = _ / Q Li_ -.- / i o BLOCK-51 BLOCK-51 �� g.o / oco Q � I CD BUILDING ' / 0 N No. 816 / m ' z � Q Folio No. il — Ic . o 02-4203-009-2040 10.75' I r 40' / / I1 ' 30.00'— 30N5225675 .75' E g40644.03 E 940633.29 11. -15' ALLEY PER PLAT-7 / cn - - -� o GRAPHIC SCALE j � 'LEGEND 0 10 20 �/1 = DENOTES PROPOSED EASEMENT i E = EAASTINGG - o ( IN FEET ) = P.B.= PLAT BOOK 1 inch = 20 ft. PG.= PAGE ' M.D.C.R.= MIAMI DADE COUNTY RECORDS i SURVEYOR'S CERTIFICATE: Hereby Certify to the best of my knowledge and belief that this drawing is o true and correct representation of " the SKETCH AND LEGAL DESCRIPTION of the reol property described hereon. o iiI further certify thot this survey was prepared in accordance with the applicable provisions of Chapter 5J-17, Florida Administrative Code. °gt0ys :, g Jacob Dat�ob o Datec S Gomis2o21 7 .f^ Er aCM �OMGr LB 17282 Dote; August 19, 2021 JACOB GOMIS E z 1 —iip LAND SURVEYORS, IMO. Job Number: RP21-1223 Professional Surveyor & Mapper E <I State of Florida Reg. No. 6231 0 6175 NW 153rd STREET SUITE 321, MIAMI LAKES, FL. 33014 4 PHONE: 305-822-6062 * FAX: 305-827-9669 NOTE: This Sketch is NOT A BOUNDARY SURVEY. Page 2 of 2 F Exhibit "C" THE RESTAURANT PREMISES Lot 3, Block 51,OCEAN BEACH ADDITION NO.3,according to the Plat thereof, as recorded in Plat Book 2, Page 81, of the Public Records of Miami-Dade County, Florida. Page 13 of 13 RESOLUTION NO. 2021-31926 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT FOR THE NON- EXCLUSIVE USE OF A SUBTERRANEAN EASEMENT WITHIN CITY-OWNED UNIMPROVED LAND, LOCATED AT 22 WASHINGTON AVENUE, FOR THE INSTALLATION AND MAINTENANCE OF A GREASE TRAP FACILITY, TO BENEFIT THE CITY'S TENANT, SOBE TOSCANA, LLC, AND OWNER OF THE ADJOINING RESTAURANT PROPERTY, LOCATED AT 816 COMMERCE STREET. WHEREAS, the City, as landlord, and Sobe Toscana LLC d/b/a Call Me Gaby(Tenant) are parties to a Lease Agreement, dated August 9, 2017 (Lease), involving the use of approximately 2,216 square feet of City owned land, located at 22 Washington Avenue, Miami Beach, Florida (Demised Premises); and WHEREAS, the Demised Premises, which is used as an outdoor seating area by Tenant, is positioned adjacent to an existing restaurant, located at 816 Commerce Street (Restaurant at 816 Commerce Street), that is leased by the Tenant from a private landlord, Miami Beach, LLC ("Restaurant Owner"); and WHEREAS, the use of the Demised Premises is ancillary to the Tenant's use of the Restaurant at 816 Commerce Street; and WHEREAS, the Restaurant at 816 Commerce Street accommodates approximately 125 people and the Demised Premises accommodates outdoor seating for an additional 85 people; and WHEREAS, in 2020,the Tenant amended their lease for the Restaurant at 816 Commerce Street to incorporate and expand their interior seating to the second floor of the Restaurant at 816 Commerce Street, and to extend their lease through 2040; and WHEREAS, in connection with this expansion, Tenant asked the City to approve the renewal term in advance, and to grant a non-exclusive, subterranean, easement under a portion of the Demised Premises, for the relocation and installation of a new grease trap system, in order to meet the DERM requirements for the Restaurant's new seating capacity of 250 seats; and WHEREAS, on October 13, 2021, the Mayor and City Commission adopted Resolution No. 2021-31886, authorizing the City Manager to execute Amendment No.1 to the Lease, approving the sole renewal term of the Lease, and modifying the Termination for Convenience clause, to require the additional approval of the City Commission prior to the exercise of the termination for Convenience clause; and WHEREAS, pursuant to the Sketch and Legal Description of the proposed Easement Area provided by Tenant, the Easement Area for the location of the new grease traps will have approximately 204 square feet; and WHEREAS, the City conducted an appraisal to secure the valuation for the annual use fee associated with the use of the Easement Area; and O R F i i 3 33 6 pCi -..a .Y 9'6 LAST PAGE WHEREAS, pursuant to the Appraisal Report, dated September 24, 2021, prepared by CBRE, Inc, the market value for the easement estate would be $6.44 per square foot (PSF), for a total yearly use fee of$1,314.00 for the first year, and would include three percent(3%) annual escalations thereafter(Use Fee); and WHEREAS, the Term of the Easement Agreement would be concurrent with the operation of the Restaurant, to allow continuous and uninterrupted operations of the new grease trap facility and expire when the Restaurant no longer needs the to use the Easement Area for the operation of these grease traps, or until there is a default under the terms of the Easement Agreement, such as the failure to pay the Use Fee; and WHEREAS, under the terms of the Easement Agreement, the City will retain the right to construct and make any other improvements within the Easement Area, so long as such improvements do not unreasonably impede Tenant's authorized use of the Easement Area; and WHEREAS, it is unlikely the City would generate revenue from the Property other than the rent that it currently generates for the use of the outdoor seating area for the Restaurant and the Use Fee in connection with the use of the proposed Easement Area; and WHEREAS, based upon the foregoing, the City Manager recommends executing the Easement Agreement, substantially in the form attached to the City Commission Memorandum as Attachment C. NOW, THEREFORE, BE IT DULY RESOLVED. BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager to execute an Easement Agreement for the non-exclusive use of a subterranean easement within City-owned unimproved land, located at 22 Washington Avenue, for the installation and maintenance of a grease trap facility, to benefit the City's Tenant, Sobe Toscana, LLC, and owner of the adjoining restaurant property, located at 816 Commerce Street. PASSED and ADOPTED this g day of PPc:eober 2021. Dan Gelber, Mayor ATTEST: .:zar/1 Rafael E. Granado, City Clerk ItLORPO RAT ED: 46 G- -- DEC 1 3 2021 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1 bi I t =Z_.) City Attorney Dcte