Grant of Water Main Easement by SHO Landlord aO // 76 /3
Attachment B
This instrument prepared by and return to:
Matthew Amster, Esq.
Bercow Radell & Fernandez, P.A.
200 S. Biscayne Blvd., Suite 850
Miami, Florida 33131
GRANT OF WATER MAIN EASEMENT
THIS GR NT OF WATER MAIN EASEMENT (the "Easement ") is made this 7 day of
/RA /Z , 2011 by SHO Landlord (FL) QRS 16-104, Inc. a Delaware corporation,
whose mailing address is 50 Rockefeller Plaza, 2nd floor, New York, NY 10020, ( "SHO" or
"Grantor "), in favor of CITY OF MIAMI BEACH, a municipal corporation, whose mailing address
is c/o Director of Public Works, 1700 Convention Center Drive, 4th floor, Miami Beach, FL 33139
( "City" or "Grantee ").
RECITALS:
WHEREAS, SHO is the fee simple owner of certain real property located in the City of
Miami Beach, Miami -Dade County, Florida, (the "SHO Parcel "), legally described in Exhibit "A ";
and
WHEREAS, SHO has agreed to grant to the City a Water Main Easement across a
portion of the SHO Parcel as more particularly described in attached Exhibit "B" (the
"Easement Area ").
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged by the parties, the City and SHO agree as follows:
1. Recitals. The parties acknowledge that the foregoing recitals are true and correct
and hereby incorporated into this Easement as if fully set forth herein.
2. Easement for Water Main. SHO does hereby the grant the City, its successors
and assigns, forever, the right, privilege and easement to construct, reconstruct, lay, install,
operate, maintain, relocate, repair, replace, improve, remove and inspect water transmission
and distribution facilities and all appurtenances thereto, including the right to remove or demolish
any obstructions as may be necessary to carry out any right granted herein, with no obligation to
repair, replace or restore same (provided the City provides written notice to SHO at least three
(3) business days prior to removing or demolishing any such obstructions), and with full right of
ingress thereto and egress there from on the property of the Grantor described Exhibit "B"
attached hereto. The Easement Area shall not create exclusive rights to use the Easement Area,
and the undersigned reserves all other rights not inconsistent with this Easement.
3. Maintenance of Easement Areas. SHO shall, at its sole cost and expense, use
commercially reasonable efforts to maintain and keep in good repair the Easement Area and
shall use commercially reasonable efforts keep such areas clear and free of rubbish and
obstruction of every nature. Notwithstanding the foregoing, the City shall, at its sole cost and
expense, (i) promptly restore the Easement Area to substantially the same condition that
existed prior to any erection, installation, operation, maintenance, replacement, inspection, or
removal by the City in accordance with the terms of this Easement (ii) maintain and repair any
1
4.
and all equipment, facilities or other apparatus installed by the City in the Easement Area.
During erection, installation, operation, maintenance, replacement, inspection, or removal of
any facilities in the Easement Area, the City will use commercially reasonable efforts to keep
the Easement Area free of debris arising out of the City's construction activity. The City shall
promptly repair, at the City's sole cost and expense, or reimburse SHO for any physical damage
to the SHO Parcel arising out of the City's or its agents' or employees' entry onto the Easement
Area or the SHO Parcel.
4. Covenants Running with the Land. It is intended that the easements,
covenants, conditions, restrictions, rights and obligations set forth herein shall run with the SHO
Parcel and create equitable servitudes in favor of the real property benefited thereby, and shall
bind every person or entity having any fee, leasehold or other interest therein and shall inure to
the benefit of the respective parties and their successors, assigns, heirs and personal
representatives.
5. Attorney's Fees. In the event Grantor or Grantee institutes any legal action or
proceedings for the enforcement of any right or obligation herein contained, the prevailing party
shall be entitled to recover its cost and reasonable attorney's fees incurred in the preparation
and prosecution of such action or proceeding. The City acknowledges its liability for torts to the
limits specified in Section 768.28, Florida Statutes.
6. Severability. Each provision of this Easement and the application thereof to the
SHO Parcel are hereby declared to be independent of and severable from the remainder of this
Easement. 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 Easement. In the event the validity or enforceability of any provision in this
Easement 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.
7. Revocation, Amendments Termination. This Easement is an irrevocable grant
of a Water Main Easement which may be amended, modified or terminated only by the written
consent of the then owner(s) of the SHO Parcel and the City of Miami Beach Public Works
Department.
8. Governing Laws. The laws of the State of Florida shall govern the interpretation,
validity, performance and enforcement of this Easement. Venue for any action brought
hereunder shall be proper exclusively in Miami -Dade County, Florida.
9. Successors and Assigns. The covenants, conditions and agreements contained
in this Easement will inure to the benefit of and be binding upon the successors and assigns of
SHO and the City, including but not limited to any condominium association which may be
successor or assignee of SHO, with respect to the SHO Parcel.
10. Waiver. No express or implied consent or waiver by a party to or of any breach or
default by the other party in the performance by such other party of its obligations under this
Easement will be deemed or construed to be a consent or waiver to or of any other breach or
default in the performance by such other party of the same or any other obligations of such other
party hereunder. Failure by a party to complain of any act or failure to act of the other party or to
declare the other party in default, irrespective of how long such failure continues will not
constitute a waiver by such party of its rights hereunder. The giving of consent by a party in any
2 G��i'
one instance not limit or waive necessity to obtain such ce will n o e the y ain suc party's consent in any future
instance.
11. Authority to Execute. SHO warrants and represents to the City that the
Individual(s) signing this Easement on behalf of SHO have full power and authority to execute
and deliver the Easement and to bind SHO. The City's acceptance of this easement is indicated
by the signatures of its Mayor and City Clerk below.
IN WITNESS WHEREOF, SHO has executed this Easement O sement the , � day of FebruAr ,
2011. 1
SHO Landlord (FL) QRS 16 -104, Inc., a Delaware
corporation
,
By: — —
Name: �• I I . .:�.5
• Title: /I1rJ I.
•
r1 itness Signature)
-: .. 4 . 1 V
•
(Print a /
itness Sign ure
A /64-781 - C--W Alf eticrj)
(Print Name)
•
STATE OF
COUNTY OF NI -e44 ` MC—
I HEREBY CERTIFY that on his \A day of E , 2011, before me personally
appeared o "r �.o ,c,4s of SHO Land rd (FL) QRS 16 -104, Inc., a
Delaware corporation, on behalf of said company. He /She is personally known to me or has
produced , as identification.
Witness my signature and official seal this `St day of frI 2011, in the County
and State aforesaid.
1
isOfiry, Public
Print name
My commission expires: �v0. 1 l VICTORIA I JO ANN REED
NOTARY Flit:, o,_STATE OF NEW YORK
N;c. G4RE6095491
QUALIFIED IN NEW YORK COUNTY
3
MY EXPIRES JULY 14, 20i.
1
•
4 'A►
ATTEST: CITY OF MIAMI BEACH, a Florida Municipal
corporation
%All P4A,CL A 04 al
el ,0
City Clerk M -y'.r
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI -DADE )
I HEREBY CERTIFY, that on this I da of N r 2011, before me personally
Y �1 , P Y
appeared Matti Herrera Bower, as Mayor, and Robert Parcher, as City Clerk, of the City of
Miami Beach, a municipal corporation of the State of Florida. They are personally known to me
or have produced / as identification.
Witness my signature and official seal this I 0 day of A iq , 2011, in the
County and State aforesaid.
N • ary ,Public
/-17// Afraeil Odle/ M
Print Name
My Commis - •'.es: ��\o'ig.AUc :$►
,� ,J�' •��,1SSION .,
AP ' - OVED :,'' � •
_ 9 G ? CD 983701
S q : eonded iV p
• Cit eer Date �� A ' � e ' ' �
APPROVED AS TO FORM &
LAN A _ E & FOR EXECUTION
\T,r,,,,2 8' //
t f'ney Date
4
g31-