Permanent Bus Sheler Easementdo~q- ~7/~~Z
This hrstnmment Was Prepared By
Rocord and Rehun To:
City of Miami Beach Attorney's Office
1700 Convention Center Drive
4~ Floor
Miami Beach, FL 33139
Attention: Raul J. Aguila
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PHIS IS AN EASEMENT given this ~ day of ~Gi , 2009, by Mosaic oa
Miami Beach Condominium Association, Inc. whose address is 3801 Collins Avenue, Miami
Beach, Florida, 33140 (hereinafter referred bo as the "Grantor', to the City of Miami Beach,
Florida, a municipal corporation whose address is 1700 Convention Gaiter Drive, Miami Beach,
Florida, 33139 (hereinafter referred to as the "City'.
WHEREAS, Grantor is the entity responsible for the maintenance and operation of the
common elements of Mosaic on Miami Belch, A Condominium (the "Pmperty'~ located at 3801
Collins Avenue, Miami Beach, Florida 33140 as established by the Declaration of
Condominium thereof r+ecarded in Official Records Book 25210 at Page 3819 of the Public
Records of Miami-Dade County, Florida ("Declaration'; and
WHEREAS, Grantor requests that City, and City hereby agrees to, constmct, instal] and
maintain a public bus shelter on a portion of the Property, and
WHEREAS, Grantor has agreed to oamvey a permanent nom-exclusive easamGOt to City
for the aforestatod purposes.
NOW, THEREFORE, in consideration of the snm of Ten Dollars ($10.00} and other
good snd valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Grantor and the City hereby agree as follows:
1. The foregoing recitals are truer and correct and incorporated herein by reference
2. Grantor hereby grants, bargains, sells and conveys to the Ciry, its successors aria
assigns, a perpetual, non-exclusive and irrevocable easeaneat in gross, in , oq over, through, and
across the parcel of laced, located in Miami-Dada Cormty, legally described on Exhrbit "A"
attached hereto and incorporated herein by reference {referred to as the "Easement Area"}, for
the construction, instal}arion, maintenance, repair, removal, relocation, improvement, access and
use of a public transit bas shelter, which may iachtde, but is not limited to, a transit passenger
shells, seatia8 area, trash recepteclaa, sigaage, benches, sad any other use or activity which
reasonably relates to and fx;lit~.s the pubfic transit purposes described herein. The easement
granted heretmdcQ shall be snbjext to all matters of record, rights of temanffi, and all applicable
laws, and shall be subordinate to any public uh7ity easenrent dedicated to the public, as the berm
"public ntillit}~' is dtfmod in Section 1T7.031(7)(b), F.S.
3. The City shall have the right and privilege from time to time to after, improve,
enlarge, add to, change the name or phygcal cistics, and roplace, remove or relocate any
itnpravemesrts provided that they art located in, upon, ova. through and aca+oss the Easement
Arta only, along with all rig~tta and privileges noceseary or convenient for the fuI1 benefit aril
use thuoof for the purposes described in the Easement, including but not limited to the right of
clear obstraxtions witbin and to the Easement Area.
4. Grarttar ac7mowltdges that the City may conhact with third parties for the purposes
deacnbed in 9tia Basement The City shall have the right to assigq caauar.2 with and grant to a
third patty the exercise of the rights granted fA the City in this Basement
5. The City shall be u for the mairtteaance of the bus shells and the Easement
Area. Mainteaeace by the City may ienhrde, as the City dams appropriate, in its sole reasonable
judgment, and at its Bole cost and expense, the termoval of ffiY trash, garbage, debris, or other
waste tnataial and the upiroep of hmdacaping (if any).
b. All of the benefits, burtiem, easemeatts, and agreemems contained herein shall
oooatitnte coveoanta rtmmng with the land, shall be binding upon the Gtantot and 8118!1 Inure t0
the benefit of the City, its successors or assigns, having or heieiaafter acquiring any right title a
interest in the Basanetrt Arra
7. 1n the event the City fails or mfitaas to perform say tetnt, covenant, or condition of
this Basmteat, Grantor's sole rrmedy shall be the tight of spocific performance thereo£
8. This Baseaent shall be goverrtod by, consanod and enforeed in aocordaace with the
laws of the State of Florida. Venue in an action, snit or procading in cormection with Ibis
Easement shall be in a state court of cotrq~etent juriadxxioa in Miami.-Dade County, Florida. BY
ENTERING INTO THIS AGdtEEivl$]T, CTfY AND GRANTOR EXPRESSLY WAIVE ANY
RIGATS BTI'HER PARTY MAY HAVE TO A TRIM. BY JURY OF ANY CIVII,
LITIGATION RELATED T'O, OR ARISING OUT OF, T'HLS AGREffivlffidT.
9. This Easement constitutes the etttiue agrtemcmt between the parties with respect to the
subject matter hereof and supersedes all prior agreanems, mtderstaadmgs and rments,
both oral and written, between the patties wiffi respect thereto.
10. All notices sad commntticatiooa in writing required or pennitted hereunder tray be
delivered personally m the represe~atives of the Grantor and the City listed bttow or may be
mailed by registered mail, postage prepaid (or airmailod if addressed to an address outside of the
city of dispatch).
U~1 cbangad by notice in writing, all such notice and communications shall be
as follows:
TO CiRAAITOR: Mosai n Miami Beach Condominium Association, hie.
Attu
TO CTCY: City of Miami Heath
Alta: Femaado A. Vazquez
City Engineer
1700 Convention Center Drive
Miami Beach, Florida 33139
305-673-7000, Ext. 6399
Title:
3801 Collins Avenue
Miami $eaach, Florida 33140
Tel: `1
with copies to: L. Clare Trigg, Esquire
Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A.
201 Alhambra Circle, Suite 1102
Coral Gables, Florida 33134
305-442-3334
Notices hae~mder ahaA be effective if delivered by certified mail, tehan receipt
requested, personal detivay, courier service, evidenced by a delivery receipt or by ~ overnight
express delivery service addressed to the parties for whom it is intended at the place last
specified; and the place for giving of notice shall remain such until it shall have beat changed by
written notice in compliance with the provisions of this paragraph
11. The patties hereto agree that the prevailing pally in any wort proceeding for the
enforcement, defense or interpretation of eitber party's rights under this Easement, whether it be
at trial, on appeal or in banlmrptcy proceedings, shall be entitled to reoovea all of its costs
including reasonable attorney's fxs from the non-prevailing party.
12. Subject to the othea provisions hereof, this Easement may not be amended, modified
or laminated except by written agreement of all of the Grantor and the City.
13. This Easement may be executed in counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instnnnent.
(The remainder of this page is irrteationally left blank)
IN wTINFSS WHEREOF, each of the pasties hereto has causod ties Eaarment
Agoemeat m be executed and de&veaed as of the date fast above written.
wimea~es: cxAArtTOIZ:
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Prnt Name: _ ~ 7` 55'~ `-T
STATE OF FLORIDA )
SS:
COUNfY OF MIAMI-DADS)
OR E?N. 2ti9b9 F•<a 23°:~
E..AST F•4~GE
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CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Robert Parcher
City Clerk
FROM: Raul J. Aguila ~^,;~~~
Deputy City Attorn~~
SUBJECT: Mosaic on Miami Beach Condominium Association. Inc. Bus Shelter
Easement
DATE: August 17, 2009
Attached please find original recorded copy of the above-referenced matter.
Should you have any questions or comments regarding the above, please do not
hesitate to contact me.
RJA1ed