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easement - recordedThis instrument prepared by and return to: Matthew Amster, Esq. Bercow Radeli & Fernandez, P.A. 200 S. Biscayne Blvd., suite 650 Miami, Florida 33131 C 2 01 1R O 32 01 97 OR Bk 27689 Pss 4341 - 4353F (bpss) RECORDED WW2011 15:2:22 HARVEY RUVINP CLERK OF COURT MIAMI -DARE COMM FLORIDA GRANT OF WATER MAIN EASEMENT THIS GR NT OF WATER MAIN EASEMENT (the "Easement ") is made this day of AlA g - 0 - 11 - , 2011 by SHO Landlord (FL) QRS 1E -104, Inc., a Delaware corporation, whose mailing address is 00 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" o r "'Grantee"). RECITALS: WHEREAS, SHO 'is the fee simple owner of certain real property located in the City of Miami Belch, 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 ''° omrrercially reasonable efforts - to maintain arid 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 cou ense, (i) promptly restore the Easement Area to substantially the same condition that CLEQh' Ri d prior to any erection, installation, operation, maintenance, replacement, inspection, or re al by the City in accordance with the terms of this Easement (ii) maintain and repair any c::�•i;�r O 1 `.. _ ' 14 yOb WE MUST W to 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 one instance will not limit or waive the necessity to obtain such 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 the E day of Gtr 2011. - .. SHO Landlord (FL) QRS 16 -104, Inc., a Delaware corporation i ness Signature) A.i�Dj (P i a r ( itness Signature) /QA, -P � (Print Name) STATE OF COUNTY OF 0 -e By: Name: _ Title: �� 1 HEREBY CERTIFY, that on this day of �e�x.�� , 2011, before me personally appeared �s �7 � r, �tas Y e r'�r of SHO Landlord (FL) QRS 16- 104, Inc., a Delaware corporation,_ on behalf of said company. He/She is personally known fo me or has produced , as identification. Witness my signature and official sea[ this\ Aday of 2011, in the County and State aforesaid. } N Q pry Public Print name My commission ex ires: '' I✓3r,, ~. CEEB il�hsNEWYORK aQU � f(1 1 QRGOUHTY : LY 14,20 ATTEST: f&� Patd� City Clerk STATE OF FLORIDA ) SS: COUNTY OF MIAMI -DADE ) CITY OF MIAMI BEACH, a Florida Municipal corporation I HEREBY CERTIFY, that on this I 10 day of M r , 2011, before me personally 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 _� /Y# _ as identification. Witness my signature and official seal this dt-) day of zh , 2011, in the County and State aforesaid. 'Not6ry Public 1 t ( Print Name My Comm er Date 'APPROVED AS TO FORM & LAN E & FOR EXECUTION - ' ney Date '\ ",p1141 III I fill, � , ,�,,O ` � 5EAU� N N o nno 9113701 �! 80 nded NIC rrr111111 Attachment A EXHIBIT A LEGAL DESCRIPTIOM' PARCEL 1 _ LOT ONE (i) EXCEPTING THE SOUTH SEVENTY -FIVE (75) FEET THEREOF, OF BLOCK THIRTY NINE (39) OF AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, AT PAGES 7 AND 8, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING WESTERLY OF THE EROSION CONTROL LINE AS ESTABLISHED IN PLAT BOOK 105, AT PAGE 62 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. PARCEL 2: ALL OF THE SOUTHERLY 75 FEET OF THAT CERTAIN TRACT MARKED AND DESIGNATED AS "R.P. VAN CAMP" ON THE.AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE.-MIAMI BEACH IMPROVEMENT COMPANY, AS RECORDED IN PLAT BOOK 6, AT PAGES 7 AND 8, OF THE PUBLIC RECORDS OF MIAMI -DARE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:: SAID TRACT IS BOUNDED ON THE EAST BY THE EROSION CONTROL LINE AS ESTABLISHED IN PLAT BOOK 105, AT IMAGE 62 OF THE PUBLIC RECORDS OF MIAMI - DA ©E COUNTY, FLORIDA, ON THE WEST BY THE EASTERLY LINE OF COLLINS AVENUE, ON THE SOUTH BY THE NORTHERLY LINE OF LOT 1, BLOCK 39, OF THE AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, AND ON THE NORTH BY A LINE 75 FEEL` NOR TH AND PARALLEL To THE NORTHERLY LINE OF LOT 1, BLOCK 39 OF THE AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY AS RECORDED IN PLAT BOOK 8, AT PAGES 7 AND 8 OF THE PUBLIC RECORDS OF MIAMI -DADS COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING. PORTION OF THE ABOVE DESCRIBED PARCEL 2: COMMENCE AT THE NORTHWEST CORNER OF LOT 1, BLOCK 39, OF THE AMENDED MAP OF THE OCEAN! FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, AS RECORDED IN PLAT BOOK 5, AT PAGES' 7 AND 8 OF THE PUBLIC RECORDS OF M[AMI -DADS COUNTY, FLORIDA; THENCE N07�28'26 ALONG THE NORTHERLY PROJECTION OF THE WESTERLY LINE OF SAID BLOCK 39, FOR 75.00 FEET; THENCE S82 °31'21 "E, ALONG A UNE LYING 75.00 FEET NORTHERLY OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 1, BLOCK 39, FOR 195.84 FEET; THENCE S07 FOR 6.51 FEET TO THE POINT OF BEGINNING OF THE'FOLLOWING DESCRIBED PARCEL; THENCE S82°31'21"E FOR..29.40 FEET; THENCE N07 °28'39 "E FOR, ZOO FEET THENCE 582 °31'21 "E FOR. 23.46 FEET; THENCE S07 0 28'39'W FOR 25.29 FEET; THENCE 1\182 FOR 10.00 FEET;. THENCE S07"28'39'W FOR 19.25 FEET THENCE N82 "81'21V FOR 58.27 FEET; THENCE N07 °28'39 ",E FOR '19,38 FEET; THENCE S82 31'21 "E FOR 8.08 FEET; THENCE N07 °28'39 "E FOR 1.92 FEET; THENCE N8231'21"W FOR 17,65 FEET; THENCE N07 0 2939 "E FOR 18:58 FEET; THENCE S82 "3171 11 E FOk 25.001 FEEL`; THENCE N07 °28'39`E FOR 4.87 FEET TO THE POINT OF BEGINNING.. SAID }PARCEL .LUST DESCRIBED HAVING A LOWER LIMIT AT ELEVATION 28.42 FEET, N.G.V.D. 1929. N r SKETCH ARID DESCRIPTION for: MOSS AND ASSOCIATES, INC LEGAL QESCRIPTION A WATERLINE EASEMENT LYING IN A PORTION OF SECTION 23, TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY FLORIDA, AND LYING 5 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF OF THAT CERTAIN TRACT MARKED AND DESIGNATED AS "R.P. VAN CAMP" ON THE AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, AS RECORDED IN PLAT BOOK 5, AT PAGES 7 AND 8, OF THE PUBLIC RECORDS'OF MIAMI -DADE COUNTY, FLORIDA; THENCE PROCEED NORTH 07'29'28" EAST, ALONG THE EAST RIGHT OF WAY LINE OF COLLINS AVENUE (S.R. A -1 -A), AND THE WESTERLY LINE OF SAID "R.P. VAN CAMP" TRACT, A DISTANCE OF 21.00' TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE DEPARTING SAID LINE PROCEED FOR THE FOLLOWING TWO (2) COURSES: S8T30'32 "E, A DISTANCE OF 9.10 FEET; THENCE NOT29'28 ° E, A DISTANCE OF 31.63 FEET TO THE POINT OF TERMINUS OF THIS DESCRIPTION. OR BK 27689 PG 4 353 TRA P$ $ Pact 44M STREET J. k..OwDEH W !1uu N 2 n t 0 o , a w z O x 0 c w U O 0v . V p4 p OG � O 43 Id w Q BLOCK38 SOS P.B. 5 ,mrl a BLOCK 37 LOCATION SKETCH NOT TO SCALE SAID LANDS CONTAINING 407 SQUARE FEET, MORE OR LESS. � ono COLLINS AVENUE (S.R. A -7 A) mot^ Zy .Z 0 0 EXHIBIT fl S i (REFERENCE BEARING) M RIGHT OF WAY LINE OF N07129'28 " E COLUNS AVE. S.R. A -1 -A) NORTH SCAE.• I'= 3'0' 0 11 5 30 3 I _ rl � I GRAPHIC SCALE DATE REVISIONS SKETCH AND DESCRIPTION for: Wa N Cr4 O O O y l mo O 01 z O " C,4 jJ N O c0 rT] G N DO m�Ao rri a NORTH SCAE.• I'= 3'0' 0 11 5 30 3 I _ rl � I GRAPHIC SCALE SOHO BEACH HOUSE NOTES= S ITE ADDRESS: 4385 COWNS AVENUE 1.) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2.) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3.) THE BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF NORTH 0729'20' EAST, AND REFERS TO THE EAST LINE OF COLLINS AVENUE, AND THE WESTERLY LINE OF THE "R.P. VANCAMP TRACT"AS RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. 4.) THE "LAND DESCRIPNON" HEREON WAS PREPARED BY THE SURVEYOR. 5.) THIS IS NOT A BOUNDARY SURVEY. FLONiA )II F I$'' 0 R THE FIRM) CIVILSMV CIVILSURV DESIGN GROUP, INC. 1660 SE LYNGATE ORIVE, SURE202 PORTSAWT LUCIE, FL 34952 File : Tat (7M) 773.2244 LB7605 17776.00 -WATER S +D.DWG DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF, AND ON AUGUST 24, 2010, I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION JACATIONS NOTED HEREON. - SURVEYORS y COPY RIGHT © 2011 ALL RIGHTS RESERVED CIVILSURV, INC. DATEB 24 2010 SCALE i DATE REVISIONS SKETCH AND DESCRIPTION for: Wa CLIENT COMM MOSS AND ASSOCIATES, INC MIAMI —DADE COUNTY, FLORIDA SHEET N0. 1 OF 1 SHEETS PROJECT N0. 17776,OQ -r^ zl / LEGEND m m�Ao a Z CENTER LINE .9s �x 6I� m i C.H.S. L.B. CONCRETE BLOCK STRUCTIRE LICENSED BUSINESS O.R. OFFICIAL RECORDS BOOK m P.B. PLAT BOOK F, RI >xG PRMDC PUBLIC RECORDS OF MIAMI -DADE COUNTY xIo PG. PAGE cia P.L.S. PROFESSIONAL LAND SURVEYOR m R/W RIGHT -OF -WAY P.O.B. POINT OF BEGINNING S.R. STATE ROAD SOHO BEACH HOUSE NOTES= S ITE ADDRESS: 4385 COWNS AVENUE 1.) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2.) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3.) THE BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF NORTH 0729'20' EAST, AND REFERS TO THE EAST LINE OF COLLINS AVENUE, AND THE WESTERLY LINE OF THE "R.P. VANCAMP TRACT"AS RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. 4.) THE "LAND DESCRIPNON" HEREON WAS PREPARED BY THE SURVEYOR. 5.) THIS IS NOT A BOUNDARY SURVEY. FLONiA )II F I$'' 0 R THE FIRM) CIVILSMV CIVILSURV DESIGN GROUP, INC. 1660 SE LYNGATE ORIVE, SURE202 PORTSAWT LUCIE, FL 34952 File : Tat (7M) 773.2244 LB7605 17776.00 -WATER S +D.DWG DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF, AND ON AUGUST 24, 2010, I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION JACATIONS NOTED HEREON. - SURVEYORS y COPY RIGHT © 2011 ALL RIGHTS RESERVED CIVILSURV, INC. DATEB 24 2010 SCALE i DATE REVISIONS SKETCH AND DESCRIPTION for: Wa CLIENT COMM MOSS AND ASSOCIATES, INC MIAMI —DADE COUNTY, FLORIDA SHEET N0. 1 OF 1 SHEETS PROJECT N0. 17776,OQ -r^ FIELD N A DWa BY SAW DNK- of I HEREBY CfRi to t) origl7 orjF g� ,f y WITNESS my hand and 04f4d. Sea].