Easement Agreementa~,9_ Z~~~~.
Prepared by and after recording return to: -
Adam D. Lustig, Esq. ~ .
Bilzin Sumberg Baena Price & Axelrod LLP
200 South Biscayne Boulevard, Suite 2500
`Miami, Florida 33131-5340
EASEI~EI~'T ACREEIvYEliTT
THIS EASEMENT AGREEMENT ,(this "Agreement")~ is made as of the ~y0~`day of
~u.i~ 2010, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal
.corporation of the State of Florida (the "City") and 1100 LINCOLN ROAD. L.P., a Delaware
limited partnership ("1100 Lincoln Owner"). The City and', l I00 Lincoln Owner are each, a
"Party", and collectively, the "Parties".
. RECITALS:
A. 1100 Lincoln Owner is .the owner of certain land located at 1100 Lincoln Road,
Miami. Beach, Florida, and more particularly in the attached Exhibit "A" (the "1100 Lincoln
Property") - .
B: The City is the owner of certain land. located on Lincoln Road between. Lenox
'Avenue and Alton Road, and more particularly described in the attached Exhibit "B" (the "City
Property")
C. The Parties desire to enter into this Agreement to provide for the granting of
certain easements from 1100 Lincoln Owner to the City and for the maintenance, repair and
replacement of certain improvements in the Easement Area (as defined below).
NOW, THEREFORE, in consideration of the premises and the covenants .contained
herein, the Parties hereto agree as follows:
L Recitals. The above and foregoing recitals are true and correct and incorporated
. herein by:reference thereto. .
2: Grant of Easements. 1100 Lincoln Owner grants to the City: (a) a temporary
_ construction easement on, over and across the portions of the sidewalks along Lincoln Road, .
Anon Road and Lenox Avenue, the dedicated rights-of--way adjacent to the 1100 Lincoln
Property (each, a "Right-of--Way" and collectively, the "Rights-of-Way"), that are part of the
. 1100 Lincoln Property, as depicted in the attached Exhibit "C" (the "Easement Area"), for
the removal of the red concrete sidewalk and installation of black and white stone pavement, as
depicted in the attached Exhibit "D" (the "Sidewalk Improvements"); (b) an irrevocable,
perpetual non-exclusive easement for access to, and maintenance, repair and replacement of, the
MIAMI 1867409.4 7713726901
portion of the Sidewalk Improvements on or over the Easement Area; and (c) an irrevocable,,
perpetual subsurface utility easement for the installation, operation, and continuing maintenance
of underground utilities, if any, located in the Easement Area that are~necessary to serve the City
Property (collectively, the "Utilities").
_ The City specifically reserves the right to allow other utility facilities to be installed
under, across, and, within the Rights-of--Way (and to grant additional non-exclusive easements
permitting the installation, operation, and maintenance of same), provided such facilities do not
materially interfere with the utility facilities serving the 1100 Lincoln Property.
~3. + Maintenance. The City shall be responsible at its sole cost and expense for the
maintenance, repair and replacement of the Sidewalk Improvements, as and when necessary, and
in a manner consistent with the maintenance, repair and replacement of the stone pavement in the
pedestrian mall along Lincoln Road between Lenox Avenue and Alton Road.
4. Reasonable Use of Easements. The easements granted herein shall be used and
enjoyed by the City and its contractors, subcontractors, agents-and materialmen in such a manner
so as not to unreasonably interfere with, obstruct or delay the conduct and operations of the
businesses of 1100 Lincoln Owner and its tenants at any time conducted on the 1100 Lincoln
Property, including, without limitation, public access to and from said businesses. 1100 Lincoln
Owner shall have the right to remodel, renovate, modify or demolish the building(s) located on
the 1100 Lincoln Property, subject to obtaining all necessary governmental approvals. To the
extent 1100 Lincoln Owner elects to remodel, renovate, modify 'or demolish the building(s)
located on the 1100 Lincoln Property, and such work results or would result in the building(s) or
other improvements on the 1100 Lincoln Property using all or a portion of the Easement Area,
1100 Lincoln Owner shall have the right, at its sole cost and expense and subject to obtaining all
necessary governmental approvals, to remove the stone pavement in the area of use and the
Easement Area shall be modified to remove the area of use from the Easement Area. To the
extent necessary, the City and 1100 Lincoln Owner agree to execute an amendment to this
. Agreement to modify the Easement Area accordingly.
5. Anchors for Flood Barriers. As part of the Sidewalk Improvements, the City shall.
remove and properly reinstall; at its sole cost and expense, footings for the flood barrier system
-for the 1100 Liricoln Property, substantially as shown on Exhibit "D". Thereafter, the 1100
Lincoln. Owner shall have the right, from time to tune, to install and maintain the necessary
anchors to support and. ancho"r the existing or any replacement flood panel system for-the 1100
Lincoln Property, at its sole cost and expense; provided, however, that all plans of the 1100
Lincoln. Property flood barrier attachments to the footings must be approved in advance by the.
City's Public Works Department.
i
- 6. Insurance. The City shall cause its contractors and subcontractors that perform
the installation, maintenance, repair and replacement of the Sidewalk Improvements, to maintain
liability, casualty acid worker's compensation insurance in commercially reasonable amounts
. during the periods of time in which work is being performed and to name 1100 Lincoln Owner
as an additional insured in connection with such insurance coverage.
2
MIAMI 1867409.4 7713726901
7. Indemnity. Subject to the limitations set forth in Florida Statutes, Section 768.28,
as applicable; the City hereby indemnifies and holds harmless and agrees to defend 1100 Lincoln
Owner from .any and all actions, causes of action, .claims, liabilities, demands, ,losses and
expenses of any kind whatsoever, including, without limitation, reasonable attorneys' fees-:and,
court costs at trial and all appellate levels; which may be filed or made against 1100 Lincoln
Owner; its officers, directors, partners, agents, affiliates, employees, successors and/or assigns,
by reason of the negligence or willful misconduct by the City in connection with any
construction, installation, utilization operation, maintenance, repair or replacement pursuant to
this Agreement, by the City and/or its agents, contractors and/or employees.
8. Nature of Easement. The burdens and benefits of the easements created herein
.shall run with the land and shall inure to the benefit of, and be binding upon the. Parties arid their
respective successors and/or assigns, and all persons claiming under them. Any transferee of
1100 Lincoln Owner, or its successors or assigns, as'the case may be, shall be bound by all terms
and conditions of this Agreement. For purposes of a transfer and/or assignment of this Agreement,..
1100 Lincoln Owner shall only be permitted to assign its rights hereunder to, and. its successors . .
shall only include; successor owner(s) or mortgage lenders of the 1100 Lincoln Property. Its
successors and/dr assigns shall not include individual unit owners or individual renters unless such
unit owners or renters are successor owner(s). as described above..,
9. Governing Law. This 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
• 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 AGREEMENT,
THE CITY AND 1100 LINCOLN OWNER EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO;
OR ARISING OUT OF, THIS AGREEMENT.
10. Counterparts. This Agreement maybe signed in counterparts with the same force-
and effect as if all required signatures were contained. in a single, original instrument.
11. Term. The easements, covenants, conditions and restrictions contained ~ in this
Agreement shall be effective commencing on the date of recordation of this Agreement in the
office of the Clerk of Court of Miami-Dade County and shall remain in full force and effect
thereafter in perpetuity, unless this Agreement is modified, amended, canceled or terminated by
the written consent of the Parties. Notwithstanding the- foregoing, in the event the building(s)
located on the 1100 Lincoln Property is/are demolished by l 100 Lincoln Owner or destroyed by
fire or other casualty, 1100 Lincoln Owner shall have the right to terminate this Agreement by
providing. written notice of termination to the City. The. City agrees to execute a termination of
this Agreement in recordable form promptly after receipt of such termination notice from 1100
Lincoln Owner.
12. Remedies and Enforcement Self-Help. In the event of a breach by either Party of
any of the terms, covenants, restrictions or conditions hereof, the other .Party shall provide
written notice of such breach to the defaulting Party. If the defaulting Party fails to cure such
breach within thirty (30) calendar days following written notice thereof. by the non-defaulting
3 f_
MIAMI 1867409.4 7713726901
Party (unless such breach creates an emergency requiring immediate action, in which ease either
Party may take action to correct the problem` after such reasonable notice to the other Party as
maybe possible under the circumstances, or with respect to any such breach the nature of which
cannot reasonably be cured within such thirty (30)-day calendar period, the defaulting Party
commences such cure within such thirty (30)-day calendar period and thereafter diligently and
continuously prosecutes such cure to completion), the non-defaulting Party shall have the right to
pursue. any one or more of the following remedies: (a) perform such obligation contained in this
Agreement on behalf of such defaulting Party- and be reimbursed by such defaulting Party upon
demand for the reasonable costs thereof; (b) full and adequate relief by injunction and/or all such
other available legal and equitable remedies from the consequences of such breach, including.
payment of any amounts due; and/or (c) specific performance: Notwithstanding anything
contained herein to the contrary, no breach hereunder shall entitle any Party to cancel, rescind; or .,
otherwise terminate this Agreement.. ~ `
13. No Waiver. No waiver of any default of any obligation by any Party hereto s11a11
be implied from any omission by the other Party to take any action with respect to such default. .
• 14. No Agency. Nothing in this Agreement shall, be deemed or construed by either .
Party or by any third person to create the relationship of principal and agent or ~ of limited or
.... _.
general partners or of joint venturers or of any other association between the parties.
15. Severability. Each provision of this Agreement is hereby declared to ~be
independent of and• severable from the remainder of this Agreement. If any provision contained
herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding
shall not affect the validity or enforceability of the remainder of this Agreement. In the event the
validity or enforceability of any provision of this Agreement is held to be dependent upon the
existence of a specific legal .description, the parties agree to promptly cause such legal
description to be prepared.
16. Force Majeure Events. Except in the .evelit of any emergency requiring
immediate action, whenever.a period of time is herein prescribed for the taking. of any action by
either Party, neither Party shall be liable or responsible for, and there shall be excluded from the
computation of such period of time, any delays due to strikes, riots, acts of Crod, shortages of
labor. or ,materials, war, governmental laws, regulations or restrictions, or any other cause
whatsoever beyond the control of such Party.
17. No Dedication. None of the easements granted pursuant to this Agreement -shall
e be deemed a dedication, either express or implied, of all or any portion of the 1100 Lincoln
Property.
18. Entire Agreement. This Agreement contains .the complete understanding and `
agreement of the parties hereto with respect to all matters referred to .herein, acid all prior ~-
representations, negotiations, and understandings are superseded hereby.
• 19. Amendment. The Parties agree that the provisions of this Agreement may be
modified or amended, in whole or in part, or terminated, only by the written consent of the City
and 1100 Lincoln Owner, or their respective successors and/or assigns, evidenced by a document
4
MIAMI 1867409.4 7713726901
that has been fully executed and acknowledged by the City and 1100. Lincoln Owner; and or their
respective successors and/or assigns and .recorded in the Official Records of Miami-Dade
County, Florida. The Parties agree that they shall not unreasonably withhold completion or
' delay their written consent and approval of any. amendment to this Agreement which is for the
purpose of complying with the terms of paragraph 4 or any applicable law or necessary for the
completion of the Sidewalk Improvements but only,to the extent that. such amendment to this
Agreement does not adversely affect, limit or modify the covenants and restrictions contained. in
. this Agreement.
20. Attorneys' Fees. In the event any Party institutes any legal action or proceeding
for the enforcement of any right or obligation herein contained, the prevailing Party after a final
adjudication shall be entitled to recover its costs and reasonable attorneys' fees incurred in the
preparation and prosecution. of such action or proceeding, at trial and at all appellate levels..
21. Notices. Whenever either party desires to give notice unto the other, it must be
given by written notice, (a) sent by certified United States mail, with return receipt requested, (b)
by personal delivery with a signed receipt, (c) by recognized national overnight courier service
or {d) by facsimile, in any case, addressed to the party for whom it is intended, at the place last
specified; and .the place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions-of this paragraph. Notices given by an-attorney
for the City or 1100 Lincoln Owner shall be deemed effective notices. For the present, the parties
designate the following as the respective places for giving of notice, to wit:
FOR CITY:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
Fax: (305) 673-7782 .
With a copy to:
City of Miami Beach .
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attorney
Fax: (305) 673-7002
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Fred Beckmann, Public Works Director
Fax: (305) 673-7028
5
MIAMI 1867409.4 7713726901
. FOR 1100 LINCOLN OWNER:
1100 Lincoln Road L.P.
390 Park Ave., 3rd Floor
New York, New York 10022
Attn: Jeffrey Steiner, Esq.
Fax: 212-308-8510
22. Estoppel Certificates. Either Party hereto, within ten (10) business days of its
receipt of a written request from the other Party shall from time to time provide the requesting
Owner with a written estoppel certificate duly executed stating:
(a) to the best of such Party's knowledge, whether the other Party is in default
or violation of this Agreement and setting forth with specificity the default or violation; and
(b) that this Agreement is in full force and effect .and identifying any
amendments to the Agreement as of the date of such certificate.
23. Further Assurances. From time to time, at the request of either Party and without
further consideration, either-Party shall execute and deliver any further insti->:~m.ents-and take-such
other actions as the other Party may reasonably require to accomplish the purposes of this
Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
6
MIAMI 1867409.4 7713726901
IN WITNESS WHEREOF, .the parties hereto have executed this Agreement as of the date .
first set forth above. •
WITNESSES: CITY:
' CITY OF MIAMI BEACH, FLORIDA,
a municipal corporation o the State of Florida
_ Q ;~~
y~~ By: _ .
Sign Name:. tti Herrer Bower
Title: Mayor ~ ,
Print Name
~~
Sigh
L-Sr4~op~ ~~4~C'~~~
-Print Name
. ATTEST:
~-
- By: ..
Name: Robert Parcher
Title: City Clerk
STATE OF FLORIDA )
. )ss:
COUNTY OF MIAMI-DADE ) '
The foregoing instrument was acknowledged before me this ~Q~ day of
2010, by Matti Herrera Bower, as Mayor, and Robert Parcher, as City Clerk, of
ITY OF MIAMI BEACH, FLORIDA, a municipal .corporation of the State of Florida, on
behalf of such municipal corporation. They are personally known to me or produced valid
Florida driver's licenses as identification.
otary Pub c, State of Flori a
MIAMI 1867409.4 7713726901
~~~~~~`~~N~~~mission expires:
``\\\~
A 9 • : APPROVED AS TO
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WITNESSES:
Sigri
r .~r
STATE OF ~~~, ~ )
)ss:
COUNTY OF
1100 LINCOLN OWNER
1100 LINCOLN ROAD L.P., a Delaware limited
partnership
By: Lincoln GP Co ., are corporation,
its Gen
By:
Name: el Fuchs
Title: ice rest ent
~ The foregoing instrument was acknowledged before met day o , .
20~ by (~~ ~f~~ as - ~~~
Lincoln GP Corp., a Delaware corporation, as General Partner of 1100 Lincoln Road L.P., a
Delaware limited partnership, on behalf of such corporation and limited partnership. ; He is ( )
personally known to me or ( )produced valid driver's licens~ a~,id _ i i trop. i
KATHERINE P. CARPENTIER
NOTARY PUBLIC -STATE OF NEW YORK
NO. 01 CA6137915
QUALIFIED IN NASSAU COUNTY
MY COMMISSION EXPIRES DEC. 5, 7_C~~
commission expires:
MIAMI 1867409.4 7713726901
,JiOINDER BY iV10RTGAGEE
Wells Fargo Ba11k, N.A., as .Trustee for the Registered. Holders of Mei-l-ilI Lynch
Mortgage Trust 2003-I~EY1, Convnercial Mortgage Pass-Tlu-ough Certificates, Series 2003-
I{EY1, being the holder of that certain Mortgage, Security Agreement, Assignment of Rents and
:Fixture Filing executed by 1100 Lincolli Road L.P, to Merrill Lynch Mortgage Lending, hic.,
recorded November 11, 2003, in Official Records Sook 21790; Page 4655 in the Public Records
of Miami-Dade County, Florida, as such Mortgage has been auzended and assigned (collectively,
the "Mortgage"), hereby consents to the filing of, and agrees that the Mortgage shall be subject
and subordinate to the teens of, the foregoing I/asement Agreement.
WELLS. FARGO BAND, N.A., AS~
TRUSTEE FOR THE RBGISTERED
HOLDERS OF MERRILL LYNCH
MORTGr~.GE TRUST 2003-I~EYl,
COMMI/RCIAL MORTGAGE PASS-
THROUGH CERTIFICATES, SBRII/S
2003-KEY1
Signed, Sealed alld Delivered
iii the presence of: By; KeyColp Real Estate.Capital
. Markets, Inc its authorized agent
r.
Sigh. ~U~l ~~~%y~L/ By;-
Na111e: ~ H ~ ~ ~ I ~/1/-~T-~ ~f~d-
Prilit Nairie . ~ i P1U., ~C.~ Title: _ V~ r e~,c~ rj,-~__
Sign ~~A ~,ln .
Print Name ~fi~ ~~ ~ ((~(,~~(
' MIAMI 1867409.4 7713726901
STATE Or ~ 1.55 ~,LX~ I }
} SS:
COti'NTY OF ,.1~..e~~.. )
_ Tlie foregoing in tilment was elc~lowledged be ~o e ine thi ~ day of
. _ ~ 11~Y~,.- , 200~~~y j'1e-"t°l~1 ~~5 ~ as ~_ of ICeyCoi1~ Real Estate
Capi 1 Markets, Iiic., as auilxorized agent. for Wells Fargo Banlc, N.A., as Trustee for the
`. Registered Holders of 1Vlerrila Lynch Mortgage Trust 2003-KEY1, Coinlnercial Mortgage Pass-
Through Certificates, Series 2003-KEY1, on behalf of such cort~oration and trust. He/She is ( )
personally known to IiZe or ( ).has produced a driver's license as identif cation.
LAUREL E. FRONEK / ~ ~ ~ i,/~r , ',1 /~~
° Notary Public -Notary Seal ~-~`~-~`'' 1 ~' `J 1
Stato of Missouri, Platte County Notary Public, State of Florida
Commission # 09401969
My Commission Expires Aug 28, 2013 ,
_ y onunisslon Expires: -
MIAMI 1867409.4 7713726901
EXFIIBIT A
Legai Description
Lots 7~, 8, 9, ]0, l 1, 12, 13, lA, ~:. 15, Block 4G &. including a portion of a 2U foot alley,
all as sho~m on "ACTON BEACH REALTY COMPAh~"S PLAT OF COMMERCIAL
SUBDIVISION", according to the plat thereof as recorded in Plat Book b, Page 5,'of the
Public Records of Miami Dade County, Florida, being more particularly described as
follows:
Begin at the southwest corner of said lot 15; thence N88id Lo1115;athen e,NOh°]}5,30"~V
said Lot 1 ~ for' l 50.00 feet to the. southeast corner o ~ f ] -„ -,n
alrJng the east Ime 01 sal C1 L.OtS 13, ly, 15 aC1C1 lts T1o[`lllcrt)' ~~teiisiiiri tlli:r°vvi for ' ~'.'"
feet to the south line of said Lot 10; thence 11158°00'30"E along the south line of said Lots
~, 8, 9, & ] 0 for 170.00 feet to the southeast- corner of said Lot 7; thence N01 °.59'30"\~'
a}ong the .east line of Lot 7 also being the west right-of-~~'ay line of Lenox Avenue Cor
150,00 feet to the northeast comer of said Lot 7; thence S88°00'~C"W along the north
line of said lots 7 thru 12, also being the south right-of-way line Lincoln Road for X05.00
feet to a point of curvature; thence southwesterly along a 15.00 foot radius curve leading
to the left, also being alolig the ~nortl~~;pest line of said lot 12 through a ..central aligle o .
90°00'00" for arc of 23.56 feet to a point of tangency; thence SOl°59'30"E along the
east n t-~f-~ a Line of Alton Road, also being the west line of said lots 12, 13, 1-''., 15,
~? ' Y
& 20 foot alley for 306.70 feef Lo the Point of Beginning.
EXHIBIT "B"
LEGAL DESCRIPTION OF CITY PROPERTY
MIAMI 1867409.3 7713726901
RS ~ ASSOCIATES, INC. PROJECT NUlABER : 5DE5=D4 '
GOIJ5INS SURVEYO CLIENT :
3921 SW 47TH AVENUE, SUITE 1011 ti{gEACH1, LL-1-P
DAVIE, FLORIDA 33314 644B
CERTIFICATE OF AUTHORIZATION - LB ~
• PHONE (954) 6BD-9885 FAX (954) b8D-D213
LAND DESCRIPTION AND SOH ~ ;
LAND DcSCRIPTIDN
A PORTION OF UNCUUd ROAD LYING BETVlEEN ALTON ROAD AND LENDX ,
.AVENUE, AS SHOWN ON COMMERCIAL SU--IVISIDN°; ACCORDING TO THE
PLAT THEREOF, AS .RECORDED IN PLAT BOOK 6, AT PAGE 5 OF THE PUBLIC
RECORDS OF lAIAMI/OADE COUNTY, FLORIDA, BEING MORE PARTICUU+RLY
-ESCRIDED AS FOLLOWS;
BLOCK 39 OF -
._ -
_ .. -
BEGIN AT THE WESTERN HOST SOUTHWEST CORNER OF LU
_ _ _ _ _ --- - -- - - SAID °COMMERCIAL SUBDIVISIDId°; '.
THENCE SOUTHEA57ERL1" ALONG 7HE ARC DF k. CURVE, CONCAVE TO 7HE
NORTHEAST, HAVING A.RADIUS DF 15.00 FEET; A CENTRAL ANGLE OF
9Q'D2'39° AND AN ARC DISTANCE OF 23.57 'FEET;-
THENCE TANGENT TD THE LAST DESCRIBED CUkVDI~~NCE OF ~ 90~F=ET TD A
ALONG THE SOUTH LINE OF SAID BLOCK 39,
POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,. HAVING A RADIUS
Di iS.OD FEET, k. CENTRAL AN"uLE OF B9'S'i'21° AND AN .ARC DISTANCE OF
23.55 FEET;
THENCE SOUTH UO'46'26" EAST, A DISTANCE OF 130.UD FEET TD A POINT
t pN A TANGENT CURVE CONCAVE TD THE SDUTHW.ST;
THENCE SDUTHW ~ CENTRALDANGL c0 AR ~ p2' ~g IID.ANDRAN ARC I D ~ ANCCIOF
Dr 1.S.OD FE_I,
23.57 FEET;
THENCE SOUTH 85'OE'S5' WEST ALONG 7HE N0o H~9D.ODDFEETDTD k. POINT
SAID "COMMERCIAL SUBDIVISION", A DISTANCE
DN A TANGEN'i CURVE CONCAVE TD"THE SOUTHEAST;
THENCE NDRTHEASTER~RAL ANGLE OFRB9'057'2AIDAND AN ARCIND'.STANA-1U05 -
OF 1~,DD FEET, A
ti.55 FEET;
THENCE NORTH OD'48'2n" WEST, A D15TANCE OF l3D.DD FEET TD THE POINT
DF BEGINNING.
SASD LAND SITUATE, LYING AND BEING IN THE CITY OF M1AMI BEACH, -
MIAMIJDADE COUNTY,. FLORIDA; CONTAINING 3',193 SQUARE FEET, MORE OR
LESS.
PROBERTI' A~ORESS ~ ~ '
REVISIONS. DATE FB .PG DWN CKD 1,4ND DESCRIPTION ~ ~i~ uNCOLN Roac ,
-- ~Y REC & SY.ETCH
- ~ UNO OCSCRIFiIOfi k SKETCH 03~06/D7 _ SCALE: N./ .
FOR LINCOLN .ROAD A
BETWEEN ALTDN ROAD
&LENDX AVE SHEET 1 Or 3
I
C~A I ~S, ANC. PRU.IECT NU~ABER :5085-D4
COUSINS SURVEYORS & A.SSO cu_
3921 SW 47TH AVENUE, SUITE 1D11 ANT Hi6EACi-Ii, LLLP
DAME, FLORIDA 33314 L 6=48
CERTIFICATE OF AUTHDRIZ1iT1DN B ~`
PHONE (954) 68D-9B85 FAY, (J54 68D-D213
LAND DESCRIPTION AND .SKETCH
. __-----
R ~ A ~
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'TEST LNrc -. LOi 5 ~ O c
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~ o E/.Si LILAC - LOT S _
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. ~ _ EAST_L1NC _~ S ~ _ .
' _.. Y1C51 LME -. ~ ~ ~ ~ . D m
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IFGEND: cn N r,
-~
CKD ~ CHECKED HY , ~ .
owH DRAWN eY E,LSr uNE - tar ~ 130.00
-FB/PC FlELD HDOI; AND PACE SDD'd-B°2fi'~~ .~ - .
P08' P91H7 Of OEGIHNING
PDG ~ POINT ~Of CDMMEHCEMEHT _ ~ .-
P:H. PLAT EDDY. A " r
-M/D.C.R. MIAMI/DAo- COUNTY RECORDS ~ ~ ~ .y-3 V V. L -N ~~ ~ ~ •. ~ ~ _ .
.~ A ARC DtSTAHCE V /` -
. ~ R RADIUS
Q CENTRAL ANGIF
.I - ~. .. (PROPERTY ADDRESS
REVISIONS DATE FB .PG DWN CKD ~,Np DEDCRIPTILhI 17 ~ ~ llNCOLk ROAD
.. - - D3/D5/07 --- AV REC ~ 'SKETCH
I w+D DESGRIPTIDH ~ SKETCH SCALE: 1 "_ 40~
FOR LINCOLN ROAD
• BETWEEN ALTON ROAD
{ 1 ~ ~ ~ ~ LENOX AVE SHEET 2 OF 3
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- ES, I N C . PRD.~C~^ Ai~1Ff8tR
~' COUSINS SURVEYORS & ,4SSOClAT
!~~ SUITE TD1 1 CLIENT l~BEACHI , LLLP
3921 5W 47TH AVENUE,
'Vi'a ~ DAVIE, FLORIDA 33314 I-B ~ .6448 .
CERTIFICATE Of AUTHORfZATIDN
PHONE (954) 68D-98E5 FAY 354) 68D-Di13 ~__~_
~ LAND DE.SCRIPTiDN AND jKET~»
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1. NOT VA11~ WITHOUT THE SIGNATUR:. AND THE ORIGINAL. RAGED SEAL OF A FLORtDA .
LICENSED SURVEYOR. AND MAPPER.
.LANDS SHOWN HEREON WER; NOT ABSTRACTEp FOP. RIGH75-O"r-WAY,
r DP. OTHER INSTRUMENTS Or P.ECORD. ,
2. EASEMENTS, DWN~RSHIP, }~ 5UC1'..
3. DATA SHOWN. HEREDN DOES NDT CONSTITUTE A FIEtD SURVEY
4. THE LAND OESCRIF'TION SHOWN HEREON WAS PREPARED BY THE SURVEYOR_
BEARINGS SHOWN HEREDN ARE kSSUMED. THE SOUTH JNE OF LOT 20, BLOCK 39
E i F1PSf ADDITION",. P.B. 6, PG. 3L, M/D.C.R.
"COMMERCIAL SUBDN.SION, ,
SAID LINE BEARS S89'OB~55`W~
I HEREBY CERTIFY THAT THE ATTACHED `l1,ND DESCRIPTION AND 5}:ETCH"
lS TRUE AND CORRECT TO THE 8E57 -OF MY KNOWLEDGE AND .BELIEF
AS PREPARED UNDER MY DIRECTION IN MARCH, 2D07. I FURTHER CERTIFY THAT THlS
`LAND DESCRIPTIONTME STATECDF fLORIOA AC GIRDING TDECHAPTERS61G17RDF
FOR SURVEYING iN CpDE PUP,SUANT TO SECTION 472.D27, FLORIDA
THE FLORIDA ADMINISTRATNE
STATUTES. SUBJECT TO THE OUALIFIC;4TIONS NOTED HEREDN. •
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FOR -THE FIRM, BY: --_-- RICHARD E. COUSINS
PROFESSIONAL SURVEYORDAND G APPER
FLv^RIDk REGISTRAT;O::
PROPERTI' ADDRE:S :
~~. CKD LAND DESCRIPTION 1111,UNCOLN ROAD
REV1510N5 .GATE FB/PG DWN
AY REC ~ SKETCH
oa/o6/a~ ---- SCAL_
uRO p~~RiPnoR t s~r~x i FOR vNCOL.N ROAD F: N A
BEfµ/GEN ~ALTON RQAD
& LENOX AYE SHEI=II 3 OF 3 .
MIAMI 1867409.4 7713726901
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EXHIBIT "D"
FLOOD BARRIER SYSTEM
MIAMI 1867409.4 7713726901
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Bilzin Sumberg
ATTORNEYS AT LAW
Adam D. Lustig, Esq.
Direct Dial: 305-375-6143
Direct Facsimile: 305-351-2235
E-mail: alustiq(a)bilzin.com
July 28, 2010
VIA HAND DELIVERY
' Mr. Raul, J. Aguila, Esq.
First Assistant City Attorney
City of Miami Beach
4th floor
1700 Convention Center Drive
Miami Beach FL 33139
Re: Easement Agreement from 1100 Lincoln Road L.P. ("Owner") to the City of Miami Beach
regarding installation of natural stone pavement (the "Easement")
Dear Mr. Aguilar
Enclosed are three counterpart originals of the referenced Easement Agreement
executed by Owner and its lender.
Please have all three counterparts of the Easement Agreement executed by the City of
Miami Beach, retain one original fully executed original for your records and deliver two fully
executed originals to me. I will handle the recording of the 'Easement Agreement and will
provide you with a recorded copy upon my receipt of it.
If you have any questions, please feel free to contact me.
Sincerely,
Ada .Lustig
Enc.
E Z ~ I d ~~ lief 01
MIP.M12241064.1 7577319641 " ?d 1 ' ' ~ ~*
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131-5340 Tel 305.374.7580 Fax 305.374.7593 www.bilzin.com