Grant of Perpetual Easement (87th Terrace) o?oA/- 0? 8S�3q
Prepared by and Return to:
Jeffrey Be rcow, Esq.
Bercow Radell & Fernandez, P.A.
200 S. Biscayne Blvd., Suite 850
Miami, FL 33131
GRANT OF PERPETUAL EASEMENT (87t' TERRACE)
01�
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THIS GRANT OF PERPETUAL EASEMENT (this "Easement") is made thisNay of
Wtnt2w , AI , by 8701 COLLINS DEVELOPMENT, LLC, a Florida limited liability
company (the "Owner") having its principal place of business at 2665 S. Bayshore Drive, Miami,
Florida 33133 in favor of the CITY OF MIAMI BEACH, a Florida municipal corporation (the "City"),
having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida
33139.
WHEREAS, the Owner owns that certain property situated, lying and being in Miami-
Dade County, Florida, located at 8701 Collins Avenue, Miami Beach, Florida, and as more
particularly described in Exhibit "A" attached hereto (the "Property");
WHEREAS, the City and the Owner entered into that certain Development Agreement
dated as of , 2014, recorded in Official Records Book , at Page
of the Public Records of Miami-Dade County (the "Development Agreement"), which
constitutes a development agreement pursuant to the Florida Local Government
Development Act, Section 163.3220, et. seq., Florida Statutes (the "Act") and which
contemplates the renovation and/or redevelopment of the Property (the "Project
WHEREAS, pursuant to the Development Agreement, the Owner has agreed to grant to
the City a ten (10) foot wide perpetual easement for the purpose of providing public pedestrian
access through and over a portion of the former, recently vacated, road right-of-way for 87th
Terrace lying East of the Eastern right-of-way line of Collins Avenue and which is more
particularly described in Exhibit "B" attached hereto (the "Easement Parcel");
WHEREAS, granting the easement is a condition of the effectiveness of the vacation of
the road right-of-way for 87th Terrace and the issuance of development permits and approvals
in order to develop the Project;
WHEREAS, pursuant to the Development Agreement, the Owner has agreed to construct
certain improvements (the "87th Terrace Improvements") to be made to 87th Terrace Property
(as defined in the Development Agreement) as depicted in the 87th Street and Terrace Plans (as
defined in the Development Agreement) in and on the Easement Parcel in order to provide
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enhanced and upgraded public access to the beach and the Atlantic Ocean and the Owner has
agreed to construct the 87th Terrace Improvements.
NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Owner by these presents hereby grants, and conveys to the City, its successors and assigns, a
perpetual easement on, in, and over the Easement Parcel for the purpose of providing public
pedestrian access through and over the Easement Parcel.
The Owner and the City further agree to the following:
1. The Owner hereby grants to the City its employees, contractors, or
representatives, the permanent right and license for purposes of ingress and egress to and
from the Easement Parcel for the purposes of inspecting, maintaining, repairing, and
replacing the public sidewalks and all related public pedestrian improvements to be
constructed on the Easement Parcel. The Owner hereby also grants the City the right to use
and occupy the subsurface of the Easement Parcel for any utility or drainage or other use or
purpose, including, without limitation, the right to construct, install, maintain and operate
therein electrical, telephone, telegraph, telecommunication, gas, gasoline, sewer, water, and
drainage fixtures and the Owner grants to the City-the right to grant easements to third parties
to do the same. The City and third parties to whom the City grants easements over the
Easement Parcel shall bear the cost for repairing any damage that they cause to the Easement
Parcel while acting in such party's official capacity and for the purposes stated in this
paragraph or otherwise working at the direction of the City.
2. Following Owner's completion of the 87th Terrace Improvements, the Owner
shall have the sole responsibility and shall bear the total cost for the repair and maintenance
of same, except for any repairs and maintenance arising from the gross negligence of the City,
its employees, contractors, representatives, any third parties to whore the City has granted
easements over the Easement Parcel, or any successors, while acting in such party's official
capacity or otherwise working at the direction of the City.
3. The Owner shall provide the same level of maintenance on the Easement Parcel
and the improvements thereon as the City currently provides for its public sidewalks. The
Owner shall include the Easement Parcel as part of any security plan for the Property. Such
security program shall require, at minimum, a roving security guard or video monitoring of the
Easement Parcel. As part of the security program, the Owner shall be responsible for enforcing
the hours of access limitations; the Easement Parcel shall generally be open to the public
and/or guests or invitees of the Owner from sunrise to sunset daily.
4. The Owner shall maintain insurance on the Easement Parcel at all times as is
reasonably customary for such property, and in any event with the minimum amounts as
follows:
a. Commercial General Liability: $1,000,000 per occurrence; $2,000,000 in the
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aggregate.
b. Property: Full replacement value for any improvements within the
Easement Area.
Such insurance policies shall name the City as an additional insured and loss payee
(with respect to property coverage) thereunder; shall be written by insurance companies
licensed to do business in Florida and with general policyholder rating of no less than A- and a
financial rating of at least VII; and shall contain a requirement that the insurer provide 30-days
written notice to the City of any cancellation of coverage to the attention of Risk Manager,
1700 Convention Center Drive, Miami Beach, Florida 33139. The Owner shall provide the City
with a certificate of insurance evidencing said coverages.
5. The Owner reserves unto itself, its successors and assigns, the perpetual right
and privilege of:
a. Right.of ingress and egress to and from the Easement Parcel for construction
access to the Property, and Owner shall bear the cost for repairing any
damage to the Easement Parcel, resulting from such construction;
b. Unrestricted vehicular and pedestrian access to, over, across and in the
Easement Parcel, provided that such use does not materially interfere with
the continued use of the Easement Parcel as permitted herein by the City
and the public; and
c. Using and occupying, and granting to any parties providing utility service,
telephone service and to other similar parties, the right to use and occupy
the subsurface of the Easement Parcel for any utility or drainage or other
use or purpose which does not materially interfere with the non-exclusive
rights herein granted to the City, and its authorized invitees, agents,
employees, guests lessees and licensees, including, without limitation, the
right to construct, install, maintain and operate therein electrical, telephone,
telegraph, telecommunication, gas, gasoline, sewer, water, and drainage
fixtures.
6. The parties agree that in connection with each of their respective rights to
install and maintain utilities in the subsurface of the Easement Parcel pursuant to this grant of
easement, each party (i) shall notify the other of its intention to install, repair or otherwise
maintain such utilities, (ii) shall cooperate fully with the other party and take such steps as
may be necessary to insure that any such installation, maintenance or repair of said utilities
will not interfere with the use or functioning of existing utilities, (iii) shall, to the extent
feasible, integrate any proposed installation, maintenance or repair with any proposed work of
a similar nature by the other party, and (iv) shall not unreasonably interfere with the use of
the Easement Parcel by the other party as permitted under this grant of easement.
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7. City shall not construct or permit to be constructed any structure or obstruction
on or over or interfering with the construction or any other aspect of the 87th Terrace
Improvements located upon the Easement Parcel.
8. Owner covenants, warrants and represents that it is the fee simple owner of
the Easement Parcel and has the right, title, and capacity to grant the perpetual easement
granted herein.
9. This grant of perpetual easement shall inure to the benefit of and be binding
upon the heirs, legal representatives, successors and assigns of the parties hereto, as
applicable.
10. Any notices required or permitted to be given under this Easement shall be in
writing and shall be deemed to have been given if delivered by hand, sent by recognized
overnight courier (such as Federal Express) or mailed by certified or registered mail, return
receipt requested, in a postage prepaid envelope, and addressed as follows:
If to the City at: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attn: City Manager, City Attorney
With a copy to: Squire Patton Boggs (US) LLP
201 North Franklin Street, Suite 2100
Tampa, Florida 33602
Attn: Stacy Krumin. Esq.
If to Owner at: 8701 Collins Development, LLC
c/o Terra Group
2675 S. Bayshore Drive
Miami, FL 33133
Attn: David Martin
With a copy to: Jeffrey Bercow, Esq.
Bercow Radell & Fernandez, P.A.
200 S. Biscayne Blvd.
Suite 850
Miami, Florida 33131
Notices personally delivered or sent by overnight courier shall be deemed given on the
date of delivery and notices mailed in accordance with the foregoing shall be deemed given
three (3) days after deposit in the U.S. mails. The terms of this Section shall survive the
termination of this Easement.
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11. Construction.
a. This Easement shall be construed and governed in accordance with the laws
of the State of Florida. All of the parties to this Agreement have participated
fully in the negotiation and preparation hereof; and, accordingly, this
Easement shall not be more strictly construed against any one of the parties
hereto.
b. In construing this Easement, the use of any gender shall include every other
and all genders, and captions and section and paragraph headings shall be
disregarded.
c. All of the exhibits attached to this Easement are incorporated in, and made a
part of, this Agreement
12. Severability. In the event any term or provision of this Easement be determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given
its nearest legal meaning or construed as deleted As such authority determines, and the
remainder of this Easement shall be construed to be in full force and effect.
13. Litigation. In the event of any litigation between the parties under this
Easement for a breach hereof, the prevailing party shall be entitled to reasonable attorney's
fees and court costs at all trial and appellate levels. The terms of this Section shall survive the
termination of this Easement.
14. Time of Essence. Time shall be of the essence for each and every provision
hereof.
15. Entire Agreement. This Easement, together with the documents referenced
herein, constitute the entire agreement and understanding among the parties with respect to
the subject matter hereof, and there are no other agreements, representations or warranties
other than as set forth herein. This Easement may not be changed, altered or modified except
by an instrument in writing signed by the party against whom enforcement of such change
would be sought.
16. Force Maieure. Any prevention, delay or stoppage due to strikes, lockouts,
labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes
therefor, riot, civil commotion, fire or other casualty, and other causes beyond the reasonable
control of the party obligated to perform, excluding the financial inability of such party to
perform shall excuse the performance by such party for a period equal to any such period of
prevention, delay or stoppage.
[Signature pages to follow]
285975/4/TAMPA
i
IN WITNESS WHEREOF, the undersigned has caused this grant of perpetual easement
to be executed by execution of this instrument as of this -,A 'day of A1JW01b1�
2014.
Witnesses: THE OWNER
8701 COLLINS DEVELOPMENT, LLC
a Florida limited bit' y c mpany
Sign Name: ��/7 S' ,
g
Print Name: �r �'� S By:
Print me: i &"Aki
Sign Name:
Print Name: C �-
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this �Lf day of Nell , 2014
by David Martin, as manager of 8701 COLLINS DEVELOPMENT, LLC a Florida limited liability
company, on behalf of the company. He is personally known to me or has produced
�6 ICl6 as identification.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission Expires:
Serial No., if any:
••, DINORAH ALONSO
Notary Public-State of Florida
=•® :• My Comm.Expires Sep 18,2018
Commission#�FF 125324
R Thro*National Assn.
285975/4(TAMPA
ACKNOWLEDGED AND ACCEPTED this day ofd °, 2014 by:
Al
Witnesses: CITY OF MIAMI BEACH A,
a municipal corporati n
F /
Sign Nam By:
Mayor
Sign Name:
Print Name.
ATTEST:
City Clerk
STATE OF FLORIDA ) uJJ�la. °:' i 1. ~`
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 25 day of NOU 2014
by Philip Levine, as mayor of the City of Miami Beach, Florida, a Florida municipal corporation,
on behalf of the City. He is personally known to me or has produced as
identification.
ZD
LAYDA HERNANDQ NO AR UBLIC
i,y.T IV �/
MY COMMISSION#F-025,09 L cz,4 ct a e,,-n awo cL c z
EXPIRES:JUN 09,2017
Bonded through 1st State lnsurance Typed or Printed Name of Notary
My Commission Expires:
Serial No., if any:
APPROVED AS TO
FORM & LANGUAGE
�C FQR EXECUTION
i
City Attorney ; ��. Date
285975/4/TAM PA
CONSENT AND SUBORDINATION
The undersigned lien or, owner and holder of that certain [Mortgage] recorded in Official
Records Book ' at Page , of the Public Records of Miami-Dade County, hereby
consents to the grant of easement rights as provided herein and subordinates the lien and
effect of its security interest to this Easement.
Sign Name: By:
Print Name: Name:
Title:
Sign Name:
Print Name:
STATE OF )
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2014
by , as of , a
on behalf of the He/she is personally known to me or
has produced as identification.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission Expires:
Serial No., if any:
285975/4/TAMPA