Amendment 2 - Development Agmt w/ HACMB i Illlil 1!111 Illi! {11111111111111 ill11111{ 1t11
CFN 2012RO629625 OR 9K 28258 Pss 3790 - 3819; (20pss)
RECORDED 09/05/2012 15. .
HARVEY RUVINr CLERK OF COURT? MIAMI -DADE COUNTYi FLORIDA
AMENDMENT NO. 2 TO THE DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF. MIAMI BEACH, FLORIDA AND THE HOUSING AUTHORITY OF THE
CITY OF MIAMI BEACH
This Amendment No. 2, is made and executed as of this day of /Qv(c $'( 2012,
by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and
existing under the laws of the State of Florida (the City), and the HOUSING AUTHORITY OF
THE CITY OF MIAMI BEACH, a Florida public housing authority, having an address of 200
Alton Road, Miami Beach, Florida 33139 (the Owner or HACMB).
RECITALS:
WHEREAS, Owner and City entered into and executed a Purchase and Sale Agreement
for the City Easement (as such term is defined in the Development Agreement), which
Agreement was approved by Owner on June 22, 2010, pursuant to HACMB Resolution No.
2010 -14, and by the City on September 15, 2010, pursuant to City Resolution No. 2010 - 27451;
and
WHEREAS, on September 15, 2010, the Mayor and City Commission adopted
Resolution No. 2010 - 27490, approving, on second and final reading, and authorizing the Mayor
and City Clerk to execute, a Development Agreement between the City and HACMB, setting
forth the parties' respective rights and obligations pertaining to the City's development and
construction of the West Avenue Bridge Project, and HACMB's development and construction of
an affordable housing project (the HACMB Project); and
WHEREAS, the parties closed on the Purchase and Sale of the City Easement on May
11; 2012; and
WHEREAS, subsequent to closing, the parties wish to hereby further amend the
Development Agreement and more specifically, certain exhibits to the Development Agreement.
NOW THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
agree as follows:
1. Exhibit "A" to the Development Agreement, entitled "Property Sketch," is hereby
replaced with a revised Exhibit "A ", attached and incorporated hereto and also entitled "Property
Sketch," and reflecting the corrected legal description for the HACMB Property (the Property).
2. Exhibit "C" of the Development Agreement, entitled "Property Easement," is
hereby amended to include the final executed Easement Agreement between the City and
HACMB, which agreement is attached and incorporated hereto.
3. Except as amended hereby, all other terms and condition of the Development
Agreement shall remain unchanged and in full force and effect.
A
I
EXECUTED as of the date first above written in several counters, each of which shall be
deemed an original, but all constituting only one agreement.
Signed, sealed and delivered CITY OF MIAMI BEACH,
In the presence of: a Florida municipal corporation
Ila B y -
Name: atti Herrera Bower
Title: Mayor
Attest: 1 B
By:
Name: Ra ael E. Grana o y
Title: City,Clerk
INCORP ORATED
Signed, sealed and "delivered ,,��` HOUSING AUTHORITY OF C7�
In the presence of: ITY OF MIAMI EACH ���-� 26�
B
Name: Miguell Del gampillo
Executive Director
Attest:
By:
F:\ATTO\AGUR\AGREEMENT\Housing Authority -Amendment No. 2 To Development Agr. (Final 8-1-12). Doc
APPROVED AS TO
FORM R LANGUAGE
& FO ECUTION
i torng (; Date
REVISED EXHIBIT "A"
PROPERTY SKETCH
3
"GAS. DESCRIPTI
PARCEL "A"
BEING A PARCEL OF LAND LYING IN A PORTION LOT 9, BLOCK 17, ALTON REALITY COMPANY'S PLAT OF SUBDIVISION OF WEST HALF OF BLOCKS 17,40 AND
45, AS RECORDED IN PLAT BOOK 6, PAGE 165 AND A PORTION OF LOT 11, BLOCK 41, ALTON BEACH REALITY CO'S PLAT OF BELLEVIEW SUBDIVISION, AS
RECORDED IN PLAT BOOK 6 PAGES 114, AND A PORTION OF PARCEL 2 AS DESCRIBED IN OFFICIAL RECORD BOOK 16504, PAGE 3555 ALL BEING RECORDED IN
THE PUBLIC RECORDS OF MIAMI -DADS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCE AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 17 OF SAID ALTON REALITY COMPANY'S PLAT OF SUBDIVISION OF WEST HALF OF BLOCKS 17,40
AND 45; THENCE S88 °01' 12 "W, ALONG THE NORTHERLY RIGHT OF WAY LINE OF 17TH STREET, SAID LINE ALSO BEING THE SOUTHERLY LINE OF BLOCK 17, A
DISTANCE OF 135.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 85.00 FEET, A CENTRAL ANGLE OF 30 °47'46"
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 45.69 FEET; THENCE N32 °46'34 "E RADIAL TO SAID CURVE A DISTANCE OF 13.95
FEET, TO A POINT ON THE SOUTHERLY LINE OF PARCEL II OF AFORESAID OFFICIAL RECORD BOOK 16504, PAGE 3555; THENCE N175 °10'30 "W ALONG SAID
SOUTHERLY LINE A DISTANCE OF 40.55 TO THE POINT OF BEGINNING; THENCE CONTINUE N75 °10'30 "E ALONG SAID SOUTHERLY LINE TO THE INTERSECTION
WITH THE NORTHERLY FACE OF THE SOUTHERLY SEAWALL OF COLLINS CANAL, ALSO BEING THE MEAN HIGH WATER LINE OF COLLINS CANAL, A
DISTANCE OF 100.61 FEET; THENCE N58 °09'51 "E, ALONG SAID NORTHERLY FACE AND MEAN HIGH WATER LINE EXTENDING ACROSS AN EXISTING BASIN, A
DISTANCE OF 115.45 FEET; THENCE SO1 °58'48 "E A DISTANCE OF 73.28 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS
OF 25.00 FEET, A CENTRAL ANGLE OF 32 °04'40 ", THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE INTERSECTION WITH THE SOUTHERLY LINE OF
SAID PARCEL II, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,375 SQUARE FEET OR 0.1 ACRES MORE OR LESS.
PARCEL "B"
BEING A PARCEL OF LAND LYING N A PORTION LOTS 8 AND 9, BLOCK 17, ALTON REALITY COMPANY'S PLAT OF SUBDIVISION OF WEST HALF OF BLOCKS 17,
40 AND 45, AS RECORDED N PLAT BOOK 6, PAGE 165 AND A PORTION OF LOT 11, BLOCK 41, ALTON BEACH REALITY CO'S PLAT OF BELLEVIEW SUBDIVISION,
AS RECORDED IN PLAT BOOK 6, PAGE 114; AND A PORTION OF PARCEL I AND PARCEL 11 AS DESCRIBED N OFFICIAL RECORD BOOK 16504, PAGE 3555 ALL
BEING RECORDED N THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCE AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 17, OF SAID ALTON REALITY COMPANY'S PLAT OF SUBDIVISION OF WEST HALF OF BLOCKS 17,
40 AND 45; THENCE S88a01'12 "W, ALONG THE NORTHERLY RIGHT OF WAY LINE OF 17TH STREET, SAID LINE ALSO BEING THE SOUTHERLY LINE OF BLOCK 17
A DISTANCE OF 125.66 FEET TO THE PONT OF BEGINNING; THENCE CONTINUE S88'01' 12"W ALONG SAID LINE A DISTANCE OF 9.34 FEET TO THE BEGINNING
OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 85.00 FEET, A. CENTRAL ANGLE OF 30 °47'46 ", THENCE SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE A DISTANCE OF 45.69 FEET; THENCE N32 °46'34 "W RADIAL TO SAID CURVE A DISTANCE OF 13.95 FEET TO A POINT ON THE SOUTHERLY LNE
OF PARCEL H OF AFORESAID OFFICIAL RECORD BOOK 16504, PAGE 3555; THENCE N75° 10'30"E ALONG SAID SOUTHERLY LINE A DISTANCE OF 4056 FEET TO
THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 32 °04'40" (CHORD WHICH BEARS
N44 °03'32 "E) THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 14.00 FEET; THENCE NO 1'58'48"E, TO'FHE INTERSECTION WITH THE
NORTHERLY FACE OF THE SOUTHERLY SEAWALL OF COLLINS CANAL, ALSO BEING THE MEAN HIGH WATER LINE OF COLLINS CANAL, A DISTANCE OF 73.28
FEET; THENCE N58 °C9'5 i'E, ALONG SAID NORTHERLY F.SCE AND SAID MEAN HIGH WATER LINE, A DISTANCE OF 80.71 FEET; THENCE S01 °58'48 "E A
DISTANCF. OF 11146 FEET i 0 THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANNGLE OF 90 °00'00 ",
THENCE SOUTHEASTERLY ALONG ARC OF SAID CURVE TO THE INTERSECTION WITH THE SAID NORTHERLY RIGHT OF WAY LINE OF 17TH STREET AND SAID
SOUTHERLY LINO OF BLOCK 17, A DISTANCE OF 39.27 TO THE PONT OF BEGINNING.
CONTAINING 8,465 SQUARE FEET OR 0.2 ACRES MORE OR LESS.
PARCEL "C"
BEING A PARCEL OF LAND LYING IN A PORTION LOTS 7, 8 AND 9, BLOCK 17, ALTON REALITY COMPANY'S PLAT OF SUBDIVISION OF WEST HALF OF BLOCKS
17,40 AND 45, AS RECORDED IN PLAT BOOK 6, PAGE 165 AND A PORTION OF PARCEL I AS DESCRIBED IN OFFICIAL RECORD BOOK 16504, PAGE 3555, ALL
BEING RECORDED N THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
BEGIN AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 17, OF SAID PLAT OF SUBDIVISION OF WEST HALF OF BLOCKS 17, 40 AND 45; THENCE S88 °01'12 "W
ALONG THE NORTHERLY RIGHT. OF WAY LINE OF 17TH STREET, SAID LINE ALSO BEING THE SOUTHERLY LINE OF BLOCK 17, A DISTANCE OF 125.66, FEET TO
THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90 °00'00 ", THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE A DISTANCE OF 39.27 FEET; THENCE N01 °58'48 "E TO THE INTERSECTION' WITH THE NORTHERLY FACE OF THE SOUTHERLY
SEAWALL OF COLLINS CANAL, ALSO BEING THE MEAN HIGH WATER LINE OF COLLINS CANAL, A DISTANCE OF 113.46 FEET; THENCE N58 °09'51 "E ALONG
SAID NORTHERLY FACE AND SAID MEAN HIGH WATER LINE, TO THE INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 7, SAID LINE ALSO BEING THE
WESTERLY LNE OF ALTON COURT, A DISTANCE OF 173.72 FEET; THENCE SO 1 °58'48 "E, ALONG SAID LNE, A DISTANCE OF 224.94 FEET TO THE POINT OF
BEGINNING.
CONTAINING 27,239 SQUARE FEET OR 0.6 ACRES MORE OR LESS. TI S SURVEY IS CERTIFIED TO THE FOLLOWING
CITY OF MIAMI BEACH
LEQ __ ` - j1 e TEW CARDENAS LLP
��' 1 57 1 FIRST AMERICAN TITLE INSURANCE COMPANY.
CE CENTER LINE R RADIUS I HEREBY CERTIFY: that this "BOUNDARY SURVEY" is correct and
L ARC LENGTH R/W RIGHT –OF –WAY meets the Minimum Technical Standards for Land Surveying in the
C &G - CURB AND GUTTER P.O.B. POINT OF BEGINNING State Florida as set fourth in Chapter 472.027 (F.S.) and Chopler
CENTRAL ANGLE P. B. PLAT BOOK 5J -17 of the Florida Administrative Code.
Not valid without the signature and raisetl seal 1 a FI
P.O.C. POINT OF COMMENCEMENT P. PACE Licensed Surveyor and Mapper.
(C) CALCULATED DIMENSION o SET 1/2" MP OR NAIL & WASHER PSM14973
(D) DEED DIMENSION FOOT FLORIDA DEPT OF TRANSPORTATION BRIAN T. BELLINO
(P) PLAT DIMENSION STA. STATION CITY SURVEYOR
P.1. . POINT OF INTERSECTION ORB OFFICIAL RECORD BOOK MARCH. 23, 2012 P S.M. No.4973
— •— FENCE DATE STATE OF FLORIDA
CITY OF MIAMI REVISED CITY CENTER NEIGHBORHOOD NO. 9
BEACH APPROVED BOUNDARY SURVEY OF EC - 01
PUBLIC WORKS 03/23/2012 PROPOSED BRIDGE SITE AT
DEPARTMENT WEST AV. & DADE BLVD. SHEET I OF 2
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51 83 5 �_
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® Q� ��v+� m � f P � l � S ��i� / 0
1� 16 c� pt E f- "�`•�,� '', lQl a THE aLTCN EACH REALTY
f � ; E $0 C OF P WEEST S HALF T OF F BL U OCKS SON 17. f 1 l o,
0
40 AND 45.. P B. 6 PAGE 165 / w I-
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u` a I -OT 7! m N Z
1 $
0
LOT 8
�• d5 t o ',n , „: �;' PARCEL "C” i ry Q
^'� •� 27.239 SOFT. 0.6 AC.± f
�PARCEE;,,B;..�;:1.., %' w'm
PARCEL 'A -=
. •H 375 SO.FT. /0.1 A C tc- c+ ;
PARCEL II m PARCEL I
ORB 16504 PAGE 165 >.�� :� �;" `; LOT : 9; ( 'F — • W ORB 16504 PAGE :65 �
P a R= 25.00'
\• a O I (,f�
\,.�, i• d= 32'04'40" R '
= 25.00 �#
rn -!
14.00' d =90 "00'00" ` i � �- i � i "'.. j
Si 1 J A= 39.27. 9
FND N &W
S ` , �" ,,,.. /, / t 25.66'
SOUTHERLY UNE'PARCEL 11` / Q ` � : 5 (D ,.O / r65?(Pj „65:66 ?(C } - 60.00'(P &C) 60.00'(P &C) I 20'
-2 C &G
(ORB 16504, PAGE 165) ' ��= �= °” - "- - - - — - - -_ __ -_ -_ -_ -_ -_ __ _
-- - - - - -- S 88'01'12" w 135.00 �R /W +�
/ LOT 11, BLOCK 41-- P.0.8. /'`• / P.O.B.
t - PARCEL 'A' F 0 5 1 � R °85.00' PARCEL 'B', P.O.C. PARCEL A•
d. "WITNESS CORNER' -''�~ f ���$�,.ON�90 �A =45.69 q �] {,, PO.B. PARCEL
O 'C
LIGHT POLE ON N32'46'34 "W_� ty I/ 7 I STR EET
'CORNER 1195' (70' R /W) - — - — - -'—
BLOCK 41 33 .10 '
ALTON BEACH REALTY CO.'S PLAT . j FND N &W �R/ty FND 1/2 MP FND IR
OF BELLEVIEW SUBDIVISION I! I� ` j
P.B. 6, PAGE 114
N. 531016.30
E: 938315.07__f t 3
FDOT ( ry
STA. 25 +85.00 00 .-
0
W o
<jo , LJ 4
1 I. COORDINATES ARE RELATIVE TO THE STATE PLANE COORDINATES,
FLORIDA EAST ZONE, NORTH AMERICAN DATUiNI OF 1983 ADJUSTMENT OF 1990
(o (NAD 83 -90).
wl�
_ g 2. BEARINGS AND STATE PLANE COORDINATES AS SHOWN HEREON ARE
I E RELATIVE TO FDOT PROJECT NETWORK CONTROL SPECIFIC PURPOSE SURVEY
' I OF BASELINE SURVEY OF NEST AVENUE AND DADE BOULEVARD AND ARE
BASED UPON FOUND SURVEY CONTROL POINTS, BRASS DISK STAMPED
BM /GPS 87-111 PN01. POINT NAME C01, LOCATED SOUTHERLY OF THE CENTER
_ 3 5 __ ___ .3 � LINE OF DADE BOULEVARD AND THE NORTHERLY EXTENSION OF BAY ROAD.
7 "��" '7 FOUND BRASS DISK STAMPED BM /GPS 87- 1I -PNO3, POINT NAME CO3, LOCATED
ATTHE SO UTHWEST COMNER OF THE INTERSECTION OF BAY ROAD AND
LINCOLN
Bo • C Y 33 3. UNDERGROUND AND AERIAL IMPROVEMENTS HAVE NOT BEEN LOCATED.
SCAL 1 " = 60' 4 THE LOCATION OF THE APPROXEMATE MEAN HIGH WATER LINE DOES NOT
PURPORT TO S.S. CHAPTER 177, PART 2, FLORIDA COASTAL MAPPING ACT,OF
1974. THIS NOTE IS REQUIRED BY THE STATE OF FLORIDA.
CITY OF MIAMI REVISED I CITY CENTER NEIGHBORHOOD NO. 9
BE APPROVED BOUNDARY SURVEY OF EC -02
PUBLIC WORKS � /23r2D12 PROPOSED BRIDGE SITE AT
DEPARTMENT WEST AV. & DADE BLVD. SHEET-L OF 2
REVISED EXHIBIT "C'
PROPERTY EASEMENT
4
milli iiiii
C :FN ? C e12R 3 S97F_1
09. Bk 25103 P9s 4695' - 471 ?i (14a9s
RECORDED ii5"11r'2012 1� :47:?1
This instrument prepared by HARVEY RUVIN- CLERK OF COURT
or under the supervision of: MIAMI -GDAH COUNT'f? FLDUDA
Raul Asuila
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
This space reserved for recording information
PERPETUAL EASETMENT AGREENT LENT
This Perpetual Easement Agreement (this "Agreement") is granted as of the day of
X 2012, by HOUSING AUTHORITY OF THE CITY OF NUA U BEACH, a
Florid4public housing authority, having an address of 200 Alton Road, Miami Beach, Florida
33139 (" Grantor "), to and in favor of CITY OF NILVvII BEACH, a Florida municipal
corporation, having an address of 1700 Convention Center Drive Miami Beach, Florida 33139
(" Grantee ").
WITNESSETH
Grantor is the owner of those certain tracts or parcels of land situated in the City of
Miami Beach, Miami -Dade County, Florida, identified as Parcel A . Parcel B and Parcel C (each,
herein so called), and each legally described on Exhibit A, attached hereto and made a part
hereof, and as shown as Parcel A. Parcel B and Parcel C on the survey attached hereto as Exhibit
B. As used herein, " Parcel " means each of Parcel A. Parcel B, and Parcel C. which parcels are
sometimes hereinafter, collectively referred to as the " Parcels ".
For and in consideration of Ten ($ 10.00) Dollars and other good and valuable
consideration, the receipt of which is hereby acknowledged, Grantor does hereby grant and
convey to Grantee a non - revocable perpetual easement ( " Easemen ") in, upon, over and under
Parcel A and Parcel B (collectively. the " Easement Area ") for the purpose of developing,
constructing, installing, operating, maintaining, repairing, and re- constructing from time to time
such public roads, bridges, sidewalks and any other improvements, as deemed necessary or
desirable by Grantee, and at Grantee's sole cost and expense (including without limitation
connecting Dade Boulevard and West Avenue in accordance with the West Avenue Bridge
Project (herein so called)), and for the construction, installation, operation, maintenance,
replacement, repair, and improvement of public utilities by Grantee, at Grantee's sole c
expense. Grantee shall have the right to allow public use (including, without 1' �t ���a vrreo
public vehicular and/or pedestrian access) of any constructed upon t < em d4
Area. k V, a
Page 1 of 9
tee
The Easement is Granted subject to the following provisions:
1. Grantee shall have the right, at Grantee's sole cost and expense, to patrol inspect,
alter, improve, expand, repair, replace, or rebuild any improvements constructed in the Easement
Area, together with all the rights and privileges necessary or desirable for the full enjoyment and
use thereof by Grantee and by the public. Grantee shall have the right, at Grantee's sole cost and
expense, to enter upon the Easement Area, to the extent deemed necessary by Grantee. to
perform, to the extent deemed necessary and desirable by Grantee, any construction, installation
maintenance, replacement, repair and/or improvement of any of Grantee's improvements in the
Easement area. Grantee shall be responsible, at Grantee's sole cost and expense, for performing
or causing to be performed all maintenance and repair of the Easement Area, to the extent
deemed necessary and desirable by Grantee, and Grantor shall have no liability with respect
thereto. Grantee shall use commercially reasonable efforts to not unreasonably disturb Grantor's
use of Parcel C during construction within the Easement :=area. Grantee covenants and agrees to
properly maintain the Easement Area and keep the same in good order, free and clear from
construction debris, except as may be reasonable during construction and installation of any
improvements in the Easement Area, and remove any construction debris as soon as practical
thereafter. Grantee covenants and agrees that, without Grantee first obtaining Grantor's prior
written consent, Parcel C will not be used by Grantee as a construction staging area and will not
be used by Grantee to store equipment, trucks, dirt supplies, materials, nubble, spoil, or any other
-materials of Grantee. Grantee shall not dig any open pits, trenches borings, or holes on or under
the Easement .=area, except as Grantee shall deem reasonably necessary in connection with
Grantee's activities related to construction, installation. operation, maintenance, and/or repair of
the Easement -Area or of any improvements in the Easement Area. Grantee covenants and agrees
that no heavy trucks or equipment associated with Grantee's activities related to construction,
installation, maintenance, operation, and'or repair of the Easement Area or of any improvements
in the Easement Area shall utilize the entranceways, streets or roadways located on Parcel C.
without Grantee first obtaining Grantor's prior written consent.
2. Grantee shall secure, maintain, and comply with all required licenses permits and
certificates relating to, or otherwise necessary or appropriate for, the construction, installation,
maintenance, and /or repair, of Grantee's improvements in the Easement Area and, with respect
thereto, Grantee shall comply with any and all applicable federal, state and local laws, rules,
regulations, statutes, codes, orders and ordinances including, but not limited to, those governing
the prevention, abatement and elimination of pollution and/or protection of the environment, and
the employment of its workers.
3. Grantor warrants and covenants to Grantee that (a) Grantor has good, marketable,
and insurable title to the Easement Area, free and clear of all liens and encumbrances and will
defend the title against the claims of all persons whomsoever; and (b) Grantor has good right and
lawful authority to (i) enter into and execute this Agreement and to (ii) grant the Easement and
other rights described herein.
Page 2 of 9
rantor
rantee
4. Grantor herein retains, reserves and shall continue to enjoy fee ownership, and the
surface and subsurface, of its dominant estate in the Easement Area, for any and all purposes not
inconsistent with the easements e ranted hereby.
5. For purposes of the computation of the maximum floor area permitted on Parcel
C. the parties herein reaffirm any provisions in that certain Development Agreement entered into
between Grantor and Grantee, dated Zklarch 15, 2011, and as recorded in OR Book 27630, pages
100 — 1104, of the Public Records in Miami - Dade County, Florida (the Development
Agreement) including, without limitation, Sections 3.11(b), 10(g) and 14(b) of the Development
Agreement. Accordingly, Grantee herebv agrees that Grantor and its successors and assigns may
include the square footage of the Easement Area in the calculation of the square footage of Parcel
C for purposes of determining the FAR (floor area ratio) attributable to Parcel C.
6. During any periods of construction on the Easement Area, Grantee shall cause its
contractors to maintain a Commercial General Liability police and an excess (umbrella) policy
from a reputable insurance company or companies qualified to do business in the State of
Florida, including at least coverage for employ'er's liability- workers' compensation, automobile,
non -owned automobile, contractual liability. and completed operations /products liability-.
Insurance shall be on an occurrence basis and shall contain a statement that it is primary over any
insurance that may be maintained by Grantee or Grantor. The insurance company must be rated
no less than "A" as to management, and no less than Class "X" as to strength, by the latest
edition of Best's Insurance Guide, published by A. ?\4. Best Company, Oldwick. New Jersey.
The policy limits for the coverage listed above will not be less than the following:
Bodily InjuryiProperty Damage Contractual Liability S 2,000,000
Umbrella: y 510,000,000
Grantee shall, upon written request from Grantor, cause its contractors to furnish to Grantor one
or more certificates of insurance evidencing the existence of the insurance required above.
7. Grantee, and Grantee's successors and assigns, shall, to the extent permitted by
law, indemnify, defend, and hold harmless Grantor from and against any and all losses, liabilities
(including strict liability), claims, causes of action, damages, injuries, liens (including
mechanic's liens and materialman's liens), expenses and costs including, without limitation,
reasonable attorney's fees of any settlement judgment or claims of anv and every kind
whatsoever paid, incurred or suffered, in connection with anv damage or tiabilit� to persons or
property that might arise directly or indirectly during the use of the Easement by, through or
under Grantee, in connection with the easements granted hereby or the use of the Easement Area.
In addition, Grantee, or Grantee's successors and assigns, shall defend anv and all claims asserted
against Grantor, or its successors and assigns, in connection with anv damage or liability to
persons or property that might arise directly or indirectly during the use of the Easement, by,
through or under Grantee, in connection with the easements granted hereby or the use of the
Easement Area. In such event. Grantee shall be entitled to select counsel of Grantee's choice to
defend the claim; however, Grantor shall be permitted, at Grantor's cost and expense, to retain
independent counsel to monitor the claim proceeding. Notwithstanding anything contained
Page 3 of 9
4 Grantor
rantee
herein to the contrary, Grantee shall not be obligated or liable to Grantor, its successors and
assigns, or third parties, for any losses, liabilities (including strict liability), claims causes of
action, damages, injuries, expenses and costs resulting from, arising out of, or incurred in
connection with the use of the Easement, by, through or under Grantee, in connection with the
easements granted hereby or with the use of the Easement Area, for amounts in excess of those
limitations on the statutory waiver of sovereign immunity provided under Section 768.28. Florida
Statutes (or any successor statute thereto) or with respect to claims resulting from the willful
misconduct or gross negliQence of Grantor, or its successors and assigns, and their respective
officers, invitees, lessees, employees, agents, licensees, or contractors.
8. Grantee and Grantee's successors and assigns, shall, to the extent permitted by
law. indemnify, defend and hold harmless Grantor from and against any and all losses. liabilities
("including strict liability), claims, causes of action, damages, injuries, expenses and costs.
including without limitation reasonable attorney's fees of any settlement, judgment or claims of
any and every kind whatsoever paid, incurred or suffered by, or asserted against,. Grantor, and its
successors and assigns. by any person or entity or governmental agency resulting from. arising
out of or incurred in connection with. the escape, seepage, leakage. spillage, emission, discharge
or release of any hazardous substance resulting from Grantee's, or its agents and employees, use
of the Easement, in connection with the easements granted hereby or in connection with the use
of the Easement Area by Grantee, or its agents and employees. including, without linutation, any
losses, liabilities (including strict liability), damage, injuries, expenses and costs, including,
without'limitation, reasonable attorney's fees of any settlement or judgment or claims asserted or
arising under as amended. the Comprehensive Environmental Response, Compensation and
Liability° Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation
Recover}- Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides
Act, the Clean Water Act, any so called federal, state or local " Superfund" or "Superlien" statute,
or any other statute, law ordinance. code, rule. regulation. order or decree regulating, relating to
or imposing liability (including, strict liability), or standards of conduct concernina any hazardous
substance. Grantee, or its successors and assigns, shall defend any and all such claims asserted
against Grantor. In such event. Grantee shall be entitled to select counsel of Grantee`s choice to
defend the claim: however, Grantor shall be permitted. at Grantor's cost and expense, to retain
independent counsel to monitor the claim proceeding. Notwithstanding anything contained
herein to the contrary. Grantee shall not be obligated or liable to Grantor, or any third parties, for
any losses, liabilities (including strict liability) claims, causes of action, damages, injuries. or
expenses and costs resulting from, arising out of. or incurred in connection with the use of the
Easement by Grantee, or its agents and employees, in connection with the easements granted
hereby or with the use of the Easement Area, for amounts in excess of those limitations on the
statutory waiver of sovereign immunity provided under Section 768.28, Florida Statutes (or nay
successor Statute thereto), or in respect of claims resulting from the intentional or negligent acts
of Grantor, or its successors and assigns, and their respective officers, invitees, lessees,
employees, agents Quests, licensees. or contractors.
9. Grantee shall not create, cause to be created, or suffer or permit to exist any lien,
encumbrance or charge upon the Easement _area, or any part thereof or 'appurtenance thereto,
which is not removed within the time period required pursuant to Section 10 below.
Page 4 of 9
Grantor
Grantee
,
10. If any mechanic's, laborer's vendor's. materialman's or similar statutory lien is
filed against the Easement Area, or any part thereof or appurtenant thereto, as a result of anv
action of Grantee, its officers, employees, contractors or agents, Grantee shall, within thirty (30)
days after Grantee receives notice of the filing of such mechanic's, laborer's, vendor's,
materialman's or similaz statutory lien, cause it to be discharged of record by payment, deposit
bond. order of a court of competent jurisdiction or otherwise. However, Grantee shall not be
required to discharge any such lien if Grantee shall have (i) furnished Grantor with, at Grantee's
option. _ a cash deposit, bond, letter of credit from an institutional lender (in form reasonably
satisfactory to Grantor) or other security (such as a personal guaranty or title company indemnity)
reasonably satisfactory to Grantor. in an amount sufficient to pay the lien with interest and
penalties; and (ii) brought an appropriate proceeding to discharge such lien and is prosecuting
such proceeding with diligence and continuity.
11. Unless otherwise expressly provided in this Agreement, when either party
exercises any of its rights, or renders or performs any of its obligations hereunder, such part
shall do so at its sole cost and expense.
12. Time is of the essence with respect to all matters in. and requirements of. this
Agreement as to both Grantee and Grantor.
13. Nothing contained herein shall be construed to make the parties hereto partners or
joint venturers. or render any of such parties liable for the debts or obligations of the other party
hereto.
14. This Agreement may be canceled, changed, modified or amended in whole or in
part only by a written and recorded agreement of Grantor and Grantee. In no event shall any
amendment of this Agreement ever require the consent or joinder of any one or more of the
agents, patrons. customers. employees, tenants, licensees or invitees of Parcel C.
15. The provisions of this Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns. The easements shall be
appurtenant to and for the benefit of Grantee and its successors and assigns and shall run with the
land for the periods set forth herein. V
16. The section headings contained in this Agreement are for reference purposes only
and shall not affect the meaning or interpretation hereof. All of the parties to this Agreement
have participated fully in the negotiation of this Agreement and. accordingly. this Agreement
shall not be more strictly construed against anv one of the parties hereto. In construing this
Agreement, the singular shall be held to include the plural, the plural shall be held to include the
singular, and reference to any particular gender shall be held to include every other and all
genders. 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 lays.
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 if in
Page 5 of 9
^ rantor
Grantee
federal court. BY ENTERING INTO THIS AGREEIk-IENT, GRANTOR AND GRANTEE
(_AND /OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXPRESSLY NAIVE ANY
RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
17. If any term covenant or condition of this Agreement or the application of it to any
person or circumstance shall to any extent be invalid or unenforceable, the remainder of this
Agreement or the application of such term covenant or condition to persons or circumstances,
other than those as to which it is invalid or unenforceable, shall not be affected thereby. and each
term, covenant or condition of this Agreement shall be valid and shall be enforced to the extent
permitted by law.
18. Anv and all notices required or desired to be given hereunder shall be in writing
and shall be deemed to have been duly given when delivered by hand, when received if sent by
recognized overnight courier or three (3) business days after deposit in the United States mail, by
registered or certified mail. return "receipt requested. postage prepaid and addressed to the
address set forth immediately beneath each party's signature below (or to such other address as
either party shall hereafter specifti to the other in «citing). Any Pam may change the address for
notice purposes by giving written notice thereof to the other parties, which shall be effective
upon receipt by each of the other parties. For the present the parties designate the following as
the respective places for giving of notice, to wit:
FOR CITY /GRAvTEE:
City- of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Jorge M. Gonzalez, Citv Manager
Fax: (303) 673 -7782
With a copy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Fred Beckman, Director of Public Works
Fax: (305) 673 -7028
FOR GRANTOR: HOUSING AUTHORITY OF THE CITY" OF MIAMI BEACH
Housing Authority° of the City of Miami Beach
200 Alton Road
Miami Beach, Florida 33139
Attn: Executive Director
Page 6 of 9
Grantor
Grantee
19. This Agreement shall be recorded in the public records of Miami -Dade County,
Florida.
20. EACH AND ALL OF THE EASEMENTS, COVENANTS, OBLIGATIONS,
AND RIGHTS GRANTED OR CREATED UNDER THE TERIMS OF THIS
AG REEMENT ARE APPURTENANT TO THE EASEMENT AREA. THE PROVISIONS
HEREOF SHALL BE BINDING UPON THE EASEMENT AREA AND SHALL RUN
WITH TITLE TO THE E_aSTMENT AREA. THIS PERPETUAL EASEMENT
AGREEMENT IS FOR THE SOLE BENEFIT OF GRANTOR AND GRANTEE AND
THEIR SUCCESSORS AND ASSIGNS. THERE ARE NO THIRD PARTY
BENEFICIARIES TO THIS PERPETUAL EASEMENT A.GREETMENT AND NO
PARTIES (INCLUDING, WITHOUT LIhIITATION, MEMBERS OF THE PUBLIC)
ARE ENTITLED TO RELY ON THE PROVISIONS HEREOF, OTHER TIL -\ THE
GRANTOR A \'D GRANTEE AND THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS.
21. �N /Tenever a period of time is prescribed in this Agreement for performance of any
obligation, there shall be excluded from the computation of such period of time, any delays due
to strikes, riots, acts of God, inability to obtain labor or materials, war, governmental lays,
regulations or restrictions. or any other cause bev and the control of the party obligated for such
performance.
22. This Agreement may be executed in any number of counterparts and each such
counterpart hereof shall be deemed to be an original instrument, but all of such counterparts shall
constitute but one Agreement.
[Signature page follows]
Page i of 9
Grantor
`� Grantee
� �
I\ WITNESS WHEREOF, Grantor and Grantee have executed this Agreement to be
effective as of the date set forth above.
GRANTOR:
Signed sealed and delivered - 1 HOliSI "G AtiTHORITY OF THE CITE'
in the presence of OF IIIA-N-II BEACH, a public housing
`etrthority
13v:
Name: Ii?uell DekCampillo
a t Title: Executive Director
r
Print
1-LkCNMB General Counsel
Approved as to Form and Language and for Execution
%' l
qv '.A. Boutsis
V
STATE OF FLORIDA )
j SS:
COLZTY OF tVfLkM1 -DARE j
The foregoing instrument was acknowledged before me this day of F,
2012, by rhiguell Del Campillo. as Executive Director of Housing Author of — the Gi
Vtiami_.Beach, a public housing authority, on behalf of the public housing authority. who is
personally to me or has produced a /u/, L driver's license as identification.
Notary Public LLIC-S?ATF�FFt,ORIDA
Roberto Diaz
Co ^Li:aaSIOG r EE035865
Eraire :
OCT-30,2014
rVr
Notary Stamp
Page s of 9
Grantor
Grantee
GRANTEE:
Signed, sealed and delivered CITY OF TIIAI'II BEACH,
in the presence of: a Florida municipal corporation
� r
f /
Print Name
P. ?game:
y` ! Title: l�1 F! `�t� /�
Print Name 6 ` > r �,�_ =- /, L =
City of Miami Beach — Cite Attorney
Approved as to Form and Language and for Execution
Name:
STATE,OF FLORIDA )
} SS:
COUNTY OF NII:�tiII -DADS )
The foregoing instrument was acicno�yled before me this day of I C -CG
20t b as `l� i.t of the City of Miami
Beach, a' Florida municipal corporation, on behalf of such municipal corporation, who is
personally lcnokvn to me or has produced a driver's license as identification.
i f '�r'1'l'fC't�/
���w�ti� Notary Public '� V
• �O er jSY'Oi•,
Notary Stamp
#EE W2165 �Q
Page 9 of 9
Grantor
�—�j� Grantee
EXHIBIT A
LEGAL DESCRIPTI_ON OF PARCEL A, PARCEL B and P=ARCEL C
PARCEL "A"
BEING A PARCEL OF LAND LYING N A PORTION LOT 9 BLOCK 17. ALTON
REALITY COMPANY'S PLAT OF SUBDIVISION OF NEST HALF OF BLOCKS 17. 40
AND 45, AS RECORDED IN PLAT BOOK 6, PAGE 165 AND A PORTION OF LOT 11.
BLOCK 41, ALTON BEACH REALITY CO'S PLAT OF BELLEVIEW SUBDIVISION. AS
RECORDED N PLAT BOOK 6 PAGES 114, ALND A PORTION OF PARCEL 2 AS
DESCRIBED N OFFICLAL RECORD BOOK 16504, PAGE 3555 ALL BEING RECORDED
IN THE PUBLIC RECORDS OF MIAkil -DADE COLITY. FLORID_Y BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS,
COLItiiENCE AT THE SOUTHEAST CORNER OF LOT T. BLOCK 17 OF SAID ALTON
REALITY COMPA \Y'S PLAT OF SUBDIVISION OF WEST HALF OF BLOCKS 17, 40
AND 45. THENCE S88 °01'12 , ALONG THE NORTHERLY RIGHT OF WAY LINE OF
17TH STREET, SAID LIE ALSO BEING THE SOUTHERLY LIME OF BLOCK 17. A
DISTANCE OF 135.00 FEET TO THE BEGINNLNNG OF A CURVE CONCAVE TO THE
SOUTHEAST, HAVING A RADIUS OF 85.00 FEET, A CENTRAL ANGLE OF 30 °4746 ".
THENCE SOUTHWESTERLY ALONG THE .ARC OF SAID CURVE A DISTANCE OF 45.69
FEET; THENCE - '2 0 4634"E RADIAL TO SAID CURVE A DISTANCE OF 13.95 FEET.
TO A POINT ON THE SOUTHERLY LIME OF PARCEL II OF AFORESAID OFFICIAL
RECORD BOOK 16504 PAGE 3555; THENCE. N75 °10'30 "W ALONG SAID SOUTHERLY
LINE A DISTANCE OF 40.55 TO THE PONT OF BEGL�-NNG, THENCE CONTINUE
N75 0 10'30 "E ALONG SAID SOUTHERLY LINE TO THE INTERSECTION 'WITH THE
NORTHERLY FACE OF THE SOUTHERLY SEAWALL OF COLLINS CANAL. ALSO
BENG THE N HIGH WATER LINE OF COLLINS CANAL, A DISTANCE OF 100.61
FEET; THENCE N58 °09'51 "E. ALONG SAID NORTHERLY FACE AND -IEAN HIGH
WATER LINE EXTEN NG .ACROSS AN EXISTING BASH, A DISTANCE OF 115.45
FEET; THENCE S01 °58'48 "E A DISTANCE OF 73.28 FEET TO'THE BEGINNING OF A
CURVE CONCAVE TO THE NTORTHIATST HAVING A RADIUS OF 25.00 FEET. A
CENTRAL ANGLE OF 32`04'40 ", THENCE SOUTHERLY _ALONG THE ARC OF SAID
CURVE TO THE NTERSECTION WITH THE SOUTHERLY LINE OF SAID PARCEL II. A
DISTANCE OF 14.00 FEET TO THE PONT OF BEGINNING.
CONTAINING =-4,;75 SQUARE FEET OR 0.1 ACRES MORE OR LESS.
PARCEL "B"
BEING A PARCEL OF LAND LYING N A PORTION LOTS 8 AND 9. BLOCK 17. ALTON
REALITY COMPANY'S PLAT OF SUBDIVISION OF �NTST HALF OF BLOCKS 17. 40
AND 45, AS RECORDED N PLAT BOOK 6. PAGE 165 AND A PORTION OF LOT 11.
BLOCK 41, .4L T ON BEACH RE_UITY CO'S PLAT OF BELLEVIEW SUBDIVISION, AS
RECORDED N PLAT BOOK 6, PAGE 114, AND A PORTION OF PARCEL I AND PARCEL
II AS DESCRIBED IN OFFICLkL RECORD BOOK 16504, PAGE 3555 ALL BEING
RECORDED N THE PUBLIC RECORDS OF 11LAvII -DADE COUNTY, FLORIDA BEING
MMORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCE.AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 17, OF SAID AL.TON
REALITY CONIPANY'S PLAT OF SUBDIVISION OF WEST HALF OF BLOCKS 17, 40
AND 45; THENCE S88 °01'12 "W, ALONG THE NORTHERLY RIGHT OF WAY LIVE OF
17TH STREET, SAID LINE ALSO BEING THE SOUTHERLY LINE OF BLOCK 17, A
DISTAN CE OF 125.66 FEET TO THE PONT OF BEGINNING. THENCE CONTINUE
S88 0 01'12 "W ALONG SAID LIVE A DISTANCE OF 9.34 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE SOUTHEAST H =kVi\G A R= -DIUS OF 85.00 FEET. A
CENTRAL ANGLE OF 30 THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE A DISTA\CE OF 45.69 FEET; THENCE ti'•2 46'34''W RA-DLkL TO SAID
CURVE A DISTANCE OF 13.95 FEET TO A POINT ON THE SOUTHERLY LINE OF
PARCEL II OF AFORESAID OFFICLU RECORD BOOK 16504, PAGE 3555. THENCE
N75 °10'30 "E ALONG SAID SOUTHERLY LINE A DISTANCE OF 40.56 FEET TO THE
BEGLVNNG OF A CURVE CONCAVE TO THE NORTHIN�EST HAVING A RADIUS OF
25.00 FEET, A CENTRlkL ANGLE OF 32°O4'40" (CHORD `k -RICH BEARS N14 °03'32 "Ej
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 14.00
FEET; THENCE NO1'58'48 "E. TO THE INTERSECTION WITH THE NORTHERLY FACE
OF THE SOUTHERLY SEAWALL OF COLLNS CANAL, ALSO BEING THE MEAN HIGH
WATER LINE OF COLLINS CANAL; A DISTAM, CE OF 7 FEET THENCE
N58 °09'51 "E. ALONG SAID NORTHERLY FACE AND SAID MEAN HIGH WATER LINE,
A DISTANCE OF 80.71 FEET; THENCE SOI °58'48 "E A DISTANCE. OF 113.46 FEET TO
THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS
OF 25.00 FEET, A CENTRAL ANGLE OF 90 °00'00 ", THENCE SOUTHEASTERLY .ALONG
ARC OF SAID CURVE TO THE NTERSECTION A.VITH THE SAID NORTHERLY RIGHT
OF WAY LINE OF 17TH STREET AND SAID SOUTHERLY LINE OF BLOCK 17. A
DISTANCE OF 39?7 TO THE PONT OF BEGINNNG.
CONTAINNNG 8,=465 SQUARE FEET OR 02) ACRES MORE OR LESS.
PARCEL "C"
BEING A PARCEL OF LAND LYNG N A PORTION LOTS 7, 8 AND 9. BLOCK 17.
ALTNN REALITY COtiIPA Y'S PLAT OF SUBDIVISION' OF WEST HALF OF BLOCKS
17, 40 AND 45. AS RECORDED N PLAT BOOK 6. PAGE 165 AND A PORTION OF
PARCEL I AS DESCRIBED N OFFICLAL RECORD BOOK 1650=4, PAGE 3555. ALL BEING
RECORDED IN THE PUBLIC RECORDS OF NIIA \- II -D_1DE COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGIN AT THE SOUTHEAST COR \ER OF LOT 7, BLOCK 17 OF SAID PLAT OF
SUBDIVISION OF NEST HALF OF BLOCKS 17. 40 AND 45:. THENCE S88 °01'12 "W
ALONG THE NORTHERLY RIGHT OF WAY LINE OF 17TH STREET. SAID LINE ALSO
BENG THE SOUTHERLY LINE OF BLOCK 17. A DISTANCE OF 125.66, FEET TO THE
BEGINNING OF A CURVE, CONCAVE TO THE NORTHEAST HAVING A RADIUS OF
25.00 FEET, A CENTRAL ANGLE OF 90 °00'00 7 ", THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE A DISTANCE OF 39.27 FEET; THENCE N01 °58'48 "E TO THE
INTERSECTION WITH THE NORTHERLY FACE OF THE SOUTHERLY SEAWALL OF
COLLINS CANAL, ALSO BEING THE kfEAN HIGH WATER LINE OF COLLIN''S CANAL.
A DISTANCE OF 113.46 FEET; THENCE N58 °09'-5 1 "E ALONG SAM NORTHERLY FACE
AND SAID V1EAN HIGH WATER LINE, TO THE INTERSECTION WITH THE EASTERLY
LINE. OF SAID LOT 7, SAID LINE ALSO BEING THE '\ ESTERLY LINE OF ALTNN
COURT, A DIST_NCE OF 173.72 FEET; THENCE SO1° 8'48 "E.. -\-LONG SAID LLtiE.A
DISTANTCE OF 221.94 FEET TO THE POINT OF BEGINNING.
CONTAINING 27.239 SQUARE FEET OR 0.6 ACRES MORE OR LESS.
EXHIBIT B
SURVEY OF PARCEL A, PARCEL B and PARCEL C
BOOK 28258 PAGE •809
L-AST PAGE
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