Grant of Easement for Lift Station - Shelborne Ocean Beach Hotel Condo Assoc. r��� �� Il�lllllfllllllll1111111111111111�5111111111�1
OR Qk 29151 Ps s 383E - 3850' (13a s s)
RECORDED 05/140;2014 14--29°25
HARVEY RUVINY CLERK OF COURT
MIAMI-DALE COUNTYP FLORIDA
This Instrument Was Prepared By,
And After Recording,Return To:
Gary M. Held,Esquire
City Attorney's Office
1700 Convention Center Dr.,4h Floor
Miami Beach,FL 33139 .
GRANT OF EASEMENT FOR LIFT STATION
This Grant of Easement for Lift Station(the "Easement"or the"Agreement")is made and
entered into as of the 1-3 day of 2014, by the CITY OF MIAMI BEACH, a
municipal corporation duly organized an existing under the laws of the State of Florida,having an
address at 1700 Convention Center Drive, Miami Beach, Florida 33139 ("Grantor"), in favor of
SHELBORNE OCEAN BEACH HOTEL CONDOMINIUM ASSOCIATION, INC., a Florida
not-for-profit corporation,having an address at 1801 Collins Avenue, Miami Beach, Florida 33139
(collectively "Grantee").
RECITALS
A. Grantee is the fee owner of the Shelborne Ocean Beach Hotel ("Hotel")and the real
property on which it is located, which real property is legally described in Exhibit "A," attached
hereto and made a part hereof(collectively,the Hotel and the real property on which it is located
are hereinafter referred to as the "Hotel Property").
B. The right-of-way at 18th Street east and Collins Avenue,including such portion of the
right of way as legally described in Exhibit "B," attached hereto and made a part p hereof (the
"Easement Area"), was dedicated by plat to (and is currently used by) Grantor as a public right of
1
C. A sanitary sewer lift station, pipes, lines and all related equipment and utility
connections that may exist from time to "Lift Y time(the Lift Station )will be installed b Gr to
y an e, at its
sole cost,underneath the surface of the Easement Area,beneath the surface of the sidewalk and the
street; which Lift Station will service the Hotel Property. However, certain of the pipes, lines,
related equipment,and utility connections used for the transfer of effluent from the Hotel Property
to the Lift Station("Connection Lines")are or may be located on the Hotel Property,includin the
control panel and vent pipe.
i
D. Grantor has agreed to grant an easement to Grantee over,across,under and through
the Easement Area, for the sole purpose of construction, installation, operation, maintenance, and
repair of the Lit Station and including,as may be required,for maintenance and repair of the portion
or portions of those Connection Lines connected to the Lift Station and located on the Easement y
Area). w COUNTj,c
E. Grantee shall bear any and all costs of construction, installation, operatio
u �
we taw
maintenance, and repairs, associated with the operation and use of the Lift Station and Connection
Lines(including,without limitation,any and all costs for utilities,insurance and taxes(including,any
ad valorem taxes on the Easement Area and/or the public right of way imposed against Grantor as a
result of this Easement and/or Grantee's use of the Easement Area])(the "Operating Costs").
NOW,THEREFORE,in consideration of the sum of Ten Dollars($10.00)and other good
and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties
hereto agree as follows:
1. Recitals. The above recitals are true and correct and by this reference are
incorporated as if fully set forth herein.
2. Easement.
2.1 In consideration of the sum of ten dollars ($10.00) and other good and
valuable consideration,the receipt of which is hereby acknowledged by the Grantor,Grantor
hereby grants to Grantee, for the use and benefit of Grantee, its successors and assigns, a
non-exclusive easement over, across, under and through the Easement Area solely for the
construction, installation, operation, use, maintenance, repair, and replacement of the Lift
Station and the portion or portions of those Connection Lines connected to the Lift Station and
located on the Easement Area.Hereafter,unless specified to the contrary,use of the term"Lift
Station" shall also include those Connection Lines connected to the Lift Station and located
on the Easement Area.
2.2 Construction/Installation of Lift Station. Grantee shall perform, or
cause to be performed, any and all construction and installation of the Lift Station located
in the Easement Area at its sole expense, in a good and workmanlike manner, and in full
compliance with all rules, regulations, permitting requirements, codes, laws and
ordinances of all governmental and quasi-governmental authorities having jurisdiction.
Upon completion of the Lift Station, Grantee shall immediately: (i) remove all
construction debris and equipment;(ii)fill and compact all excavations;and(iii)grade and
restore the surface of the Easement Area to the same condition as existed prior to
commencement of such work.
f
2.3 The surface of the Easement Area will at all times remain unobstructed for its {
continued use by Grantor and the public as a dedicated public right of way(which use shall
include, without limitation,pedestrian and vehicular activity). Except as may be necessary
during periods of maintenance or repair of the Lift Station,as provided in Section 3 hereof,
Grantee shall exercise its easement rights hereunder without in any way obstructing or
interfering with the free flow of pedestrian and/or vehicular traffic over and/or above the
Easement Area. Grantee's construction, installation, operation, use, maintenance, and
repair of the Lift Station,or its use of this Easement and the Easement Area in conjunction
with any of the aforestated activities and with any other term or condition of this
Agreement,shall in no way interfere with Grantor's use and operation of the surface of the
Easement Area for customary public right of way uses and/or purposes. Grantee may,
however, subject to providing Grantor with prior written notice and obtaining Grantor's
prior written consent,request temporary interruption of the pedestrian and vehicular traffic
over all or a portion of the surface of the Easement Area for Grantee's maintenance,and/or
repair of the Lift Station, as provided in Section 3 hereof and, in such cases, Grantor shall
reasonably cooperate with Grantee to allow such interruption(s) in order to enable such �P�p o
� °
�Nry w
maintenan ce, and/or repairs by Grantee.
oQ
2 , IN GpD WE Tam�4•
cap '
I
3. Maintenance. Grantee agrees to construct, install, maintain, and repair (as
necessary) the Lift Station, or necessary portions thereof, so that same is at all times in good
working order and condition and free of material defects, subject only to occasional interruption of
service due to:routine or extraordinary maintenance,or repair thereof. Grantee shall have the right
to select the contractor(s)of its choice in connection with all aspects of installation,maintenance,and
repair of the Lift Station; provided, however, that all agreements with such contractor(s) shall be
bona-fide,arms-length agreements for services at usual and customary rates and shall be subject to the
prior approval of Grantor, which approval shall not be unreasonably withheld. Upon completion of
any such work,Grantee, at its sole cost, shall immediately restore the surface of the Easement Area
to the condition in which it existed immediately prior to the performance of such work(the cost of
which shall be included in Operating Costs).
During any period(s) of maintenance, and/or repair, as provided in this Section 3, the
Grantee shall use best efforts to: (a) avoid causing any damage to, or unreasonable interference
with,the surface of the Easement Area;and(b)minimize any disruption or inconvenience to Grantor
and/or the public in their use of the surface of the Easement Area as a dedicated public right of way.
The Grantor hereby reserves to itself,and shall at all times,as it deems necessary in its sole
and reasonable discretion, have full and unrestricted access to the Easement Area in order to
maintain,repair,improve,and/or replace the surface of the Easement Area,or any portions thereof.
In the event that the Lift Station is damaged by the Grantor during any such maintenance,repair or
replacement activities,the Grantor shall work with the Grantee to make all necessary repairs to the
Lift Station, at Grantor's sole expense;provided,however,that in no other instance shall Grantor
be liable for any loss or damage to the Lift Station,regardless of the cause or causes of such loss or
damage.
4. Noise and Odor Controls. Grantee shall use best efforts and,at a minimum,shall
exceed industry standards, with respect to controlling noise and odors emanating from the Lift
Station.
5. Payment Covenants. Grantee shall be solely responsible for any and all Operating j
Costs of the Lift Station,and/or any and all costs required,to restore the surface of the Easement Area '
following, respectively, construction, installation, maintenance and repair work. Grantor shall be
responsible for any repair costs associated with damage to the Lift Station resulting from Grantor's
maintenance,repair or replacement activities related to the surface portion of the Easement Area
I
6. Term. This Easement is granted,and this Agreement shall continue,until such time
as the Lift Station is removed or reaches the end of its lifecycle. In addition,if the Easement Area
permanently ceases to be used for the purposes set forth herein; or should the Easement be
abandoned or discontinued by law; or if the Grantee does not comply with any term, covenant, or
condition of this Agreement following notice to cure (as provided in Section 10 hereof) from
Grantor, then this Easement shall automatically ease and revert with th the right of immediate
p ossession and ri gh t of entry, to the Grantor or its successors in interest. This Easement shall not
merge with any deed to the Hotel Property or any part thereof but shall survive for the term described a
herein.
7. Successors and Assigns. This Agreement on the part of the Grantee shall constitute
a covenant running with the land for the Term of this Agreement and shall be recorded, at the..
Grantee's expense,in the public records of Miami-Dade County,Florida and shall remain in full �9 couNTy
force and effect and be binding upon the undersigned Grantee, and its heirs, successors and ,��' CLERK C,
G
V H
l Q
3 ��Q boa we Faust
'��coin'`
assigns-for the Term of this Agreement or until such time as the same is modified or released.
These restrictions during their lifetime shall be for the benefit of,and limitation upon, all present
and future owners of the real property and for the public welfare.
8. Limitation. It is the intention of the parties hereto that this Easement shall be limited
to and utilized solely for the uses and purposes expressed herein. The surface of the Easement
Area (including, without limitation, the sidewalk and roadway) shall at all times continue to be
used by Grantor and public for right of way purposes (which purposes shall include, without
limitation,pedestrian and vehicular activity),except as necessary during times of construction and
installation of the Lift Station and,thereafter,during maintenance,or repair activities,as provided
in Sections 3 hereof.
9. Indemnification.
A. Grantee shall indemnify and hold harmless Grantor, its officers and employees,
from any costs, liabilities, claims, losses, and damages (including, without limitation,reasonable
attorneys' fees and disbursements at the trial level and all levels of appeal), whether suit is
instituted or not,relating to death of or injury to persons,or loss of or damage to property,resulting
from, arising out of, or incurred in connection with the existence and/or use of the Easement and
the Easement Area by Grantee, and/or its officials, employees, contractors, and agents; and
including, but not limited to, any violation by the Grantee, and/or its officials, employees,
contractors, and agents, of any laws, rules, regulations or ordinances regarding hazardous
materials, hazardous wastes, hazardous substances, solid waste, or pollution, whether now
existing or hereafter enacted or promulgated, as they may be amended from time to time
("Environmental Laws"); any presence, release, or threat of release of hazardous materials,
hazardous wastes, hazardous substances, solid waste or pollution at, upon, under, from or within
the Easement Area by Grantee,and/or its officials, employees,contractors,and agents;the failure
of Grantee, and/or its officials, employees, contractors, and agents, to duly perform any
obligations or actions required to be taken under any Environmental Laws (including, without
limitation, the imposition by any governmental authority of any lien or so-called "super priority
lien"upon the Easement Area);any clean-up costs;liability for personal injury or property damage
or damage to the environment; and any fines, penalties, and punitive damages, or any fines or
assessments incurred by or claimed against Grantor and arising out of the failure of Grantee,
and/or its officials, employees, contractors, and agents, to comply with Environmental Laws in h
connection with the use of the Easement and/or the Easement Area by Grantee,and/or its officials, r
employees,contractors,and agents.
B. - Grantee shall also, as part of the indemnification provided to Grantor pursuant to
is Section 9,defend any and all claims asserted against Grantor resulting from,arising out of,or
incurred in connection with the existence and/or use of the Easement and the Easement Area by
Grantee,and/or its officials,employees, contractors, and agents. Grantee shall be entitled to select
counsel of Grantee's choice to defend the claim;provided,however, that such counsel shall first
be approved by Grantor's City Attorney, which approval shall not be unreasonably conditioned,
withheld, or delayed; and, provided further, that the Grantor shall be permitted, at its cost and
expense, to retain independent counsel to monitor the claim proceeding. The duty to defend set
forth in this subsection (B) shall be severable and independent from the indemnity obligations
otherwise set forth in this Section 9,to the extent that if any other provisions and/or subsections of ND COU,yj
this Section 9 are deemed invalid and/or unenforceable,this duty to defend provision shall remain U�`�P Cl6CK yQ
G fi
V fn
0
4 �6 o reusr
o we
F CUtl .
in full force and effect.
C. Notwithstanding anything contained in Section 9 to the contrary, Grantee shall not
be obligated or liable to Grantor, or any third parties, for any costs, liabilities, expenses, losses,
claims or damages, with respect to third party claims resulting from the gross negligence,
recklessness or willful misconduct of Grantor or its officials,employees,contractors,and agents.
D. The indemnity and defense obligations set forth in this Section 9 including,without
limitation, the provisions of its subsections, shall survive the expiration of the Term or any
termination of this Easement regarding any and all costs, liabilities, claims, losses, and damages
(including, without limitation, reasonable attorneys' fees and disbursements at the trial level and
all levels of appeal), whether suit is instituted or not, relating to death of or injury to persons, or
loss of or damage to property, resulting from, arising out of, or incurred in connection with the
existence and use of the Easement and/or the Easement Area by Grantee and/or its officials,
employees, contractors,and/or agents.
10. Default.
A. Default by Grantee. In the event of a. default by Grantee in the construction,
installation, use, operation, maintenance, repair or replacement of the Lift Station, or in the event
that Grantee violates an other term covenant and/or d/or condition of this
Agreement, Grantor shall
give written notice to Grantee,specifying the nature of such default. Grantee shall have a P eriod of
ten(10)days following receipt of said notice in which to remedy the default(or such longer time as
may be necessary and reasonable,provided Grantee shall have commenced a cure within said 10-day
period and is diligently and continuously prosecuting same to completion); failing which Grantor
shall have the right, but not the obligation, to access the Lift Station, for the limited purpose of
effecting the required cure. Notwithstanding the foregoing, if the default is of such a nature that an
emergency situation arises constituting an unsafe or unsanitary condition, the period for cure of
such default shall be accelerated to be a period of time determined by Grantor, in its sole discretion
but which is reasonable in light of the nature of the emergency.All costs incident to curing a default
by Grantee under this subsection (A) shall be the sole responsibility and obligation of and, a
accordingly, shall be borne by,the Grantee.
B. Default by Grantor. In the event of a default by Grantor in the repair of the Lift
Station resulting from damage caused by Grantor to the Lift Station pursuant to Grantor's activities
under Section 3 hereof, Grantee shall give written notice to Grantor, specifying the nature of such
default. Grantor shall have a period of ten (10) days following receipt of said notice in which to
remedy the default(or such longer time as may be necessary and reasonable,provided Grantor shall
have commenced a cure within said 10-day period and is diligently and continuously prosecuting
same to completion);failing which Grantee shall have the right to effect the required repair of the Lift °
Station. All costs incident to repair of the Lift Station to cure a default by Grantor under this
subsection(B)shall be borne by the Grantor.
11. Enforcement. In the event it becomes necessary for any party to defend or institute
legal proceedings as a result of the material failure of either party to comply with the terms,
covenants and conditions of this Easement,the prevailing party in such litigation shall recover from
the other party all costs and expenses incurred or expended in connection therewith,including,without ��o colilN,
limitation,reasonable attorneys fees and costs,at all levels. � CLERK coG
v "
W
5 a+000 WE taus/ 04
COI
V
12. Venue:Jurisdiction. This Easement shall be governed and construed in all respects
in accordance with the laws of the State of Florida,without regard to its conflict of laws provisions.
Further, all parties hereto agree to avail themselves of and submit to the personal jurisdiction of the
Courts of the State of Florida in Miami-Dade County. BY ENTERING INTO THIS
EASEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, .
OR ARISING OUT OF, THIS EASEMENT.
13. Interpretation.No provision of this Easement will be interpreted in favor of,or against,
any of the parties hereto by reason of the extent to which any such party or its counsel participated in
the drafting thereof or by reason of the extent to which any such provision is inconsistent with any
prior draft hereof or thereof.
14. Counterparts. This Easement may be executed in any number of counterparts,each of
which shall be deemed an original and all of which, taken together, shall constitute a single
document.
15. Notices. Any 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 specify to the other in writing). Any party 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/GRANTOR:
City of Miami Beach
i
1700 Convention Center Drive
i
Miami Beach,Florida 33139
Attn: City Manager
With a copy to: a
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
Attn: Director of Public Works '
R
FOR GRANTEE:
Shelborne Ocean Beach Hotel Condominium Association, Inc.
1801 Collins Avenue
Miami Beach,Florida 33139
Attn: Condominium Association Manager
co
1 MERK y(�
VJ �G
6 a��
16. Entire Easement. This Easement constitutes the entire agreement between the parties
hereto relating in any manner to the subject matter of this Easement. No prior agreement or
understanding pertaining to same shall be valid or of any force or effect, and the covenants and
agreements herein contained cannot be altered, changed or supplemented except in writing and
signed by the parties hereto.
17. Severabilily. If any clause or provision of this Easement is deemed illegal,invalid or
unenforceable under present or future laws effective during the term hereof, then the validity of the
remainder of this Easement shall not be affected thereby and shall be legal,valid and enforceable.
18. No Waiver. The failure of Grantor or Grantee to insist in any one or more
instances, upon strict performance of any covenant or agreement in this Agreement will not be
construed as a waiver or relinquishment of the future enforcement of such covenant or agreement,
but the same will continue and remain in full force and effect.
19. Limitation of Liability of Grantor. Grantor shall not be liable to Grantee and/or
to any third parties for any incidental or consequential loss or damage whatsoever arising from the
rights of Grantor hereunder. Any liability of the Grantor hereunder shall be limited to an amount
not to exceed the fair market value.of Lift Station within the Easement Area.
20. Insurance.
20.1 Construction/Installation Phase. Grantee shall provide Grantor with
certificate(s) of insurance indicating the following insurance coverage, prior to
commencement of construction and installation of the Lift Station o in the Easement Area:
A. Worker's Compensation Insurance for all employees, as required by
Chapter 440,Florida Statutes.
B. Comprehensive General Liability with limits of$1,000,000 per occurrence
for bodily injury and property damage, with a $2,000,000 general aggregate,
including personal and advertising injury. The City of Miami Beach must be an
Additional Named Insured with respect to this coverage. The coverage must
include a Waiver of Subrogation in the favor of the City.
C. Excess/Umbrella Liability in an amount of $5,000,000 combined single
limit, per occurrence. Coverage must be afforded on a form no more restrictive
than the Commercial General Liability policy, and without restrictive
endorsements, as filed by the Insurance Services Office. The City of Miami
Beach must be an Additional Named Insured with respect to this coverage.
The
P g
coverage must include a Waiver of Subrogation in the favor of the City.
k
D. Builders Risk/Installation Floater Insurance covering 100% of the
construction value(building and material) including such perils as fire, hail, flood
i�
and Named Windstorm.
4D Co�NrY
CURR �►4
v � 6
V -
7 N GOD wE rem ¢~
O
coU
20.2 Operations Phase. Following completion of construction/installation of
the Lift Station, and prior to commencement of Grantee's use and operation of the Lift
Station, Grantee shall provide to Grantor, and thereafter shall maintain throughout the
Term of this Easement, certificates) of insurance evidencing the following required
coverage:
A. Worker's Compensation Insurance for all employees of the Grantee, as
required by Chapter 440, Florida Statutes.
B. Comprehensive General Liability with limits of$1,000,000 per occurrence
for bodily injury and property damage, with a $2,000,000 general aggregate,
including coverage for personal and advertising injury. The City of Miami Beach
must be an Additional Named Insured with respect to this coverage. The coverage
must include a Waiver of Subrogation in the favor of the City.
C. Excess/Umbrella Liability in the amount of$5,000,000 combined single
limit, per occurrence. Coverage must be afforded on a form no more restrictive
than the Commercial General Liability policy, and without restrictive
endorsements, as filed by the Insurance Services Office. The City of Miami
Beach must be an Additional Named Insured with respect to this coverage. The
coverage must include a Waiver of Subrogation in the favor of the City.
20.3 All insurance required in this Section 20 shall be effected under valid and
enforceable policies issued by highly rated insurers of recognized responsibility which are
licensed to business in the State of Florida. All such companies shall be rated at least"A"
as to management, and at least "Class X" as to financial strength in the latest edition of
Best's Insurance Grade. All insurance policies must be enforced to provide the City of
Miami Beach,Florida with at least thirty(30)calendar days written notice of cancellation,
expiration, and/or restrictions, to the attention of the City of Miami Beach Risk Manager
1700 Convention Center Drive, Miami Beach, Florida 33139. Upon request, Grantee
shall provide the City's Risk Manager a copy of all insurance policies required herein. ?
The City's Risk Manager reserves the right to require certified copies, if requested.
21. No Transfer of Fee Simple Title. This Agreement shall never be construed as a
E
conveyance,in any manner whatsoever,of fee simple title to any portion of the Easement Area,it
being intended by the parties hereto that this Agreement conveys only an easement for the uses and
purposes set forth herein, and subject to the terms and conditions set forth herein.
v
22. No Public Grant. Nothing in this Agreement shall be deemed to be a gift or
dedication of any area for public use, other than as specifically set forth herein. Except as 6
specifically provided herein,all rights,easements,and interests herein created are private and do not
constitute a grant for public use or benefit.
}
23. Liens. Pursuant to Section 713.10, Florida Statutes, Grantor's interest in the P�v LE K
r
Easement Area shall not be subject to liens. Grantee shall timely pay all contractors for all wo g "@@K C0
:.
U
8 u1 zoo we must
�.°
Coves'
f
conducted by or on behalf of Grantee on the Easement Area, and shall keep the Easement Area
free and clear of any construction or materialmen's liens arising out of any work performed on the
Easement Area by or on behalf of the Grantee. If any construction or materialmen's lien is filed
against the Easement Area as a result of services performed for or materials furnished to the
Grantee, the Grantee shall cause such lien to be released and discharged of record within thirty
(3.0) days of receipt of notice of such lien, either by paying the indebtedness which gave rise to
such lien or by posting bond or other security as shall be required by law to obtain such release and
discharge. Additionally,the Grantee shall indemnify, defend, and hold harmless Grantor against
any liability, loss, damage, costs, or expenses (including reasonable attorney's fees actually
incurred and court costs)on account of such claim of lien.
24. Third Parties. Nothing expressed or implied in this Agreement is intended, or
shall be construed, to confer upon or give any person or entity, other than City and the Grantee,
any rights or remedies under, or by reason of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
f
a
j.
4
r
(74
1
6
o
C v�rY
a� CIER% V
G 6
V u,
00 Q
w coo wa TRUSI
n
ii
9
h
q
IN WITNESS WHEREOF,the parties hereto have duly executed this Grant of Easement as of
the date and year first set forth above.
Signed,sealed and delivered GRANTOR:
in the presence of C'H'I'OF MIAMI BEACH,a Florida
municipal corporation
. Z
By:
Print N e Name/ f' a von e
Titl
Print Name Li
ATTEST:
5 � d
STATE OF FLORIDA ) CI Y CLERK ID11a
COUNTY OF MIAMI-DADE) :••''• '••'9
1 NC0a R
The foregoing instrument was acknowledged before me this ,
204 by ;Pk/-'//',o 4e i/i as Iq4 Ll c1 K of C, of
Miami Beach, a Florida municipal corporation on behal of such .��';. •ova' o is
personally known to me or has produced a driv I cation.
a
.""r ISABEL SATCHELL
Notary Public•State of Florida
_° My Comm.Expires Apr 13,2017
%�� :•'� Commission iv l:E 676384 Pr*n porStamp Name:
''FO��►�°g'' Notary Public, State of Florida at Large
Bonded Through Nations!Notary assn. '
Commission No.:
My Commission Expires:
Z PR� ,VE a
Director- is Date
9 '
Works - f L
APPROVED AS TO iCou
FORM&LANGUAGE U�gP r,`ERK o0
&Y,Ojt EXFQWIQN 4 H
,6v' fflly YFmey t"Date 9�, , coo"'Q'�'�'X04 C
Cov` '
II
10 _
IN WITNESS WHEREOF,the parties hereto have duly executed this Grant of Easement as of
the date and year first set forth above.
Signed,sealed and delivered GRANTEE:
in the presence of: SHELB®RNE OCEAN BEACH HOTEL
CONDOMINIUM ASSOCIATION,INC.,
Q A Florida Not-for-Profit Corporation
By:
Names
v K
Title:
r•
9 7
Print N-11 a
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DARE)
The fo ego' instrument was acknowledged before me this day of
20\A by �, ' r , as -;z 9—e, do
% of Shelborne
Ocean Beach Hotel Condominiumeoiares,-a.b,�rida Not-for-Profit corporation on behal
of such corporation, who 's person�la ly known to me or his produced a
driver's license as identificat1 ..__
1
Print or qNa=zm
Notary Public, State of Florida at 1e'-%
Commission No.:
My Commission Expires:
,�a�► Notary P0110 State of Florida y
Aielde Femendez
MY commimion FF 11880
Expires 08/04/2018 0
t
G
Pao couN�, ,
CLERK
U v
r
W hoc WQ TRUST p4
coij
r
1
EXHIBIT"W")
Hotel Property
LEGAL DESCRIPTION:
1NA11 Cti--.RTAI?'� f"ARCi L- Or LXISID ON j3Y AND 14,
AND ON THE- (,.',OR*IFH BY THI--, NURTH UINIF OF 11-07*S 13 AND 2 AINO ITS FASTFIRLY FYTFN`,-',!T'N, AND
jN THE SOU',"H 3Y HE S%CUIH LINE Oil" U)"S '4 AND 1 ANLJ ITS EAS;i--.v
. . V C;- al-of"K
1HERL'OF RLCORDE�-D
1. "FISHEWS -r-IRS1 SUBDIV-SION OF AL'ICN BEACH" A'%1'%,J%')RL)I1\-G TO i'h.
DA. A I N
';\1 PLAT HOCK 2, 1PAGIF Y/ OF PJBI M RECO-RDS N';'AV:--.-)AUF (;():' *TY --'
.: �N 1 , ,1-0?% ;
ME FASf '3%' FROSION COIN17ROL LINE AS 01,7PIMH) !N PI A' BCOK 105, PAGF,' 62 ()1: SAID
co
CLERK
0
IN GOD WE FRUS7
C
12
OFD BK 29153. PG 3850
._AST PAGE_
EXHIBIT"B"
Easement Area
LEGAL DESCRIPTION:
A PORTION OF THE NORTH 35.00 FEET OF RIGHT—OF—WAY OF 18th STREET, BOUNDED ON THE
NORTH BY LOT 1 OF BLOCK 1, "FISHER'S FIRST SUBDIVISION OF ALTON BEACH", ACCORDING TO
THE PLAT-THEREOF; RECORDED IN-PLAT,BOOK`~2"-PAGE�77;',OF",THE',PUBLIC -RECORDS OF
MIAMI—DADE COUNTY, FLORIDA AND BOUNDED ON THE SOUTH BY THE CENTERLINE OF SAID
18th STREET, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 14 OF SAID PLAT; THENCE NORTH 88'00'02"
EAST ALONG THE SOUTH LINE OF SAID LOT 14 AND SAID LOT 1, ALSO BEING THE NORTH
RIGHT—OF—WAY LINE OF SAID 18th STREET, FOR 189.94 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE NORTH 88°00'02" EAST ALONG THE SOUTH LINE OF SAID LOT 1 AND SAID
RIGHT—OF—WAY LINE 19.15 FEET; THENCE SOUTH 01°54'57" EAST 35.00 FEET TO A POINT ON
THE CENTERLINE OF SAID 18th STREET; THENCE SOUTH 88'00'02" WEST ALONG SAID
CENTERLINE 12.00 FEET; THENCE NORTH 01'54'57" WEST 20.00 FEET; THENCE SOUTH 88'05'03"
WEST 7.15 FEET; THENCE NORTH 01°54'57" WEST 15.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI—DADE COUNTY,
FLORIDA AND CONTAINING 527 SQUARE FEET, MORE OR LESS.
PATE OF FLORIDA,COUNTY OF DADE
1 HEREBY CERTIFY that this is a true copy of MID LINK Ct
original Ned^office on dey of
204
4ITNES m and and Official Seat. $
ARV I R of Circuit County Courts DIG ""'�
:
4 u
av D.C. Ecou��'
4
t
I
r
I
MI
P
I
F:1 ATT01HELG 1Easements\ShelbomelLift Station-Grant of Easement 5-12-14 FINAL.docx gg
C
s
G
13
Granado, Rafael
From: Matthew Amster <mamster @brzoninglaw.com>
Sent: Wednesday, May 14, 2014 4:14 PM
To: Held, Gary; Carpenter, Eric; Fink,Jay
Cc: Michael Larkin; Bridges, Sonia;Woodson, Demar;Aguila, Raul; Damien, Elizabeth;
Jimenez,Joe;Taxis, Mark; Granado, Rafael; Cardillo, Lilia
Subject: RE: Shelborne Hotel - Lift Station Easement
Attachments: Shelborne Hotel Lift Station - Grant of Easement 051414 Recorded.pdf
All,
Please see the attached copy of the recorded Grant of Easement Agreement for the Lift Station for the
Shelborne Hotel. When the County Recorder's Office returns the original I will submit it to Lilia
Cardillo.
Thanks for everyone's assistance in approving and executing this Agreement.
Eric,Jay and Demar, please let us know if anything else is needed for you to issue the corresponding
right of way permit to begin construction of the lift station.
Matt
lMffVcard
MATTHEW AMSTER, ESQ.
Bercow Radell& Fernandez, P.A.
200 South Biscayne Boulevard,Suite 850
Miami, FL 33131
305.377.6236 1 Office
305.753.7064 1 Cell
305.377.6222 1 Fax
mamster@brzoninalaw.com
—J
BF-RcoW RADF-LL&FERNAN DEZ
d.OM9MC. LAND UUL AND r-Nviv?o-mmizrq-rAL LAW
www.brzoninglaw.com
The information contained in this electronic message is privileged and confidential and is intended only for the use of the individual
named above and others who have been specifically authorized to receive it. If the recipient is not the intended recipient,you are hereby
notified that any dissemination,distribution or duplication of the communication is strictly prohibited. If you have received this
communication in error, or if any problems occur with transmission, please immediately notify us by telephone(305) 374-5300.
From: Held, Gary fmai Ito:Ga[yHeldC&rniamibeachfl.gov]
Sent: Monday, May 12, 2014 11:35 AM
1
To: Matthew Amster; Carpenter, Eric; Fink, Jay
Cc: Michael Larkin; Held, Gary; Bridges, Sonia; Woodson, Demar; Aguila, Raul; Damien, Elizabeth; Jimenez, Joe; Taxis,
Mark; Granado, Rafael
Subject: Shelborne Hotel - Lift Station Easement
Dear Matt: Attached is the final easement document for the Shelborne lift station (as of today). I am form approving,
and will give you a hard copy shortly. It needs a signature from the Public Works Director or designee, after which it will
need to be signed by the Mayor and City Clerk, which the City Clerk should coordinate.
Please let me know if you need anything further.
Sincerely,
Gary
PS- Also attached is a copy of the resolution authorizing execution of the easement.
MIAMSEACH
Gary M. Held, First Assistant City Attorney
OFFICE OF THE CITY ATTORNEY
1700 Convention Center Drive—4th floor,Miami Beach,FL 33139
Tel:305-673-7470 or 305-673-7000 ext.6532/ Fax:305-673-7002 / garyheld(&-miamibeachfl.QOv
We are committed to providing excellent public service and safety to all who live, worm,and play in our vibrant,tropical,historic community.
Please note that Florida has a very broad Public Records Law. Most written communications to or from local officials regarding government business are public
records available to the public and media upon request. Your emails may therefore be subject to public disclosure.
It's easy being Green! Please consider our environment before printing this email.
2