Baywalk Authorization Agreement with Lincoln Bay Towers Association Inc. 020/Y-- a8Z,Z3
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_ This instrument prepared by:
Gary M. Held, First Asst. City Attorney
1700 Convention Center Drive
Miami Beach, FL 33139 •
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/ (This space for Clerk)
BAYWALK AUTHORIZATION AGREEMENT
This BAYWALK AUTHORIZATION AGREEMENT ("Agreement") is made as of the date
set forth below by and between [i',Jcd/.' I �'uJ / ,' "Grantor") and The
City of Miami Beach ("Grantee") for the following ses and purposes.
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Grantor is the owner in fee simple of that certain tract or parcel of real property lying and
being in Miami-Dade County Florida, known as 4✓ /,✓f3
address is / L2✓c 5/,J ,d , rv1i4m:&4L ft, and is r'nore particularly described in the
legal description attached as Exhibit "A" hereto and made a part hereof(the "Property").
The Grantee desires to obtain, and Grantor has agreed to convey, certain easements
and/or riparian rights, to allow Grantee to obtain a sovereignty submerged lands lease or other
use authorization from the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida ("Board of Trustees") and construct, repair, maintain and operate an overwater,
independent pile supported public walkway structure known as the "Baywalk" and associated
improvements ("Baywalk") upon sovereign submerged lands located immediately waterward
(west) of the Property.
NOW, THEREFORE, Grantor and Grantee hereby covenant and agree as follows:
1. Recitals: The recitals set forth above are true and correct, and incorporated into this
Agreement.
2. Grant of Riparian Rights: Grantor hereby grants and conveys to Grantee, the following
riparian rights related to the Property:
a. Riparian rights for the purpose of allowing Grantee to construct, repair, maintain and
operate a public Baywalk located, or to be located, by Grantee ori sovereignty
submerged lands pursuant to a Sovereign Submerged Land Lease or other use
authorization between Grantee and the Board of Trustees;
b. Grantor hereby reserves riparian rights for pedestrian ingress and egress across the
Baywalk to all existing or future constructed docks or piers waterward (west) of the
Baywalk, for purposes of access to and from the waters of Biscayne Bay, and for
fishing, swimming and other recreational uses, to the extent consistent with the rights
granted in paragraph 2.a. above. Grantor hereby reserves the right to provide a
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BAYWALK AUTHORIZATION AGREEMENT
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locked gate waterward of the Baywalk to prevent public access to existing or future
authorized private docks or piers, or the Property.
3. Baywalk: Grantee shall have complete and total responsibility for the construction,
repair, maintenance and operation of all Baywalk improvements necessary to maintain
the structure in a safe and functional condition. Grantee shall be responsible for
obtaining, at Grantee's cost, all necessary local, state, and federal permits and
approvals that may be required from time to time for purposes of constructing, repairing,
and maintaining the Baywalk. Grantor, as fee simple owner of the Property, agrees as
necessary, to affirm to any permitting agency for the purpose of issuance of a required
permit authorization for Baywalk construction, and assist Grantee, at Grantee's cost, as
may be reasonably necessary, including but not limited to the execution of such forms as
required for such permits. Grantee shall be solely responsible and liable for complying
with any local, state, or federal permits, requirements, obligations and duties (if any),
related to the construction, repair, and maintenance of the Baywalk. Grantee agrees to
undertake reasonable efforts so that the Baywalk will be offset a minimum of twenty (20)
feet away from the Grantor's pool deck, subject to final determination of location by
environmental agencies with permitting jurisdiction over the Baywalk based upon
environmental conditions.
4. Maintenance, Repair and Improvements: Grantee shall, at its sole cost and expense,
timely perform all maintenance, repair and replacement of the Baywalk and shall at all
times maintain the Baywalk in a safe condition. In the event Grantor's seawall and/or
pool deck requires repair or maintenance necessitating access from the water side, the
Grantee, at its sole cost, and providing such work cannot otherwise be reasonably
accomplished, agrees to remove one or more sections of the Baywalk, or necessary
portions thereof, so that the Grantor can have access to the seawall and/or pool deck for
such repairs or maintenance. At the conclusion of the repairs or maintenance, the
reconstruction of this section of the Baywalk shall be at the sole cost of the Grantee.
5. Covenants Running with the Land: The riparian rights and Baywalk authorization
conveyed herein shall be deemed to be covenants appurtenant to and running with the
ownership of the Property, or any portion thereof.
6. Indemnification and Hold Harmless: The Grantee will assume and defend all liability
of Grantor, with respect to the Baywalk, except for any liability arising in whole or in part
from the negligence or willful acts of the Grantor, its officers, owners, residents, guests
and employees. Nothing contained in this paragraph or elsewhere in this Agreement is
intended to be a waiver of the limitations on the Grantee's liability to third parties as set
forth in Section 768.28, Florida Statutes; however, the limitations under such statutory
provision shall not apply to the Grantee's contractual obligations to defend Grantor and
to cover, pay and/or reimburse any and all costs, expenses, liabilities, claims, actions,
causes of action, losses, demands and damages, including, without limitation,
reasonable attorneys' fees (including the cost of in-house counsel) and disbursements at
the trial level and all levels of appeal, relating to death of or injury to persons, or loss of
or damage to property, incurred by Grantor and occurring with respect to the Baywalk,
resulting from, arising out of, or incurred in connection with, use of the Baywalk by the
Grantee, except as excluded herein.
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7. Assignment: This Agreement shall be binding upon, and inure to the benefit of the
successors and assigns of the parties hereto.
IN WITNESS WHE OF, Gra for and Grantee have executed this Agreement effective
as of this a' day of. t�l, , 20 .
y L°3
SIGNED, SEALED AND DELIVERED Grantor:
IN THE PRESENCE OF: —/,
By: L,'1 4-067 /349/70-11/€/13 a
n
Name: y° 14/d/ fi. .5-71-ro%f,
Title: Pre S; fA
Name: to.4,•J tit. s
METAt T
Name: 411MIBM
STATE OF )
COUNTY OF t0C314
The fo =_oing instr nt,w s .cknow,ledged before me thisoa day of a ,
20/ t,_ by • o Ad, 7O as of
aRAVEAf� i 9 ' , on behalf of the company.
B :1A 'LPL _9 �rs:
Y
ST atur o ary Pam
My Commission Expires: ;•o<:a. JENNIFER RAMIREZ
Printed, typed or stamp ?�� ,3-( Notary Public •State of Florida
;c My Comm.Expires Jul 25,2014
�l�r,���pow.
•ttl f.0,.• Commission#EE 2131
SIGNED, SEALED AND DELIVERED Grantee: THE CITY OF MIAMI BEACH,
IN THE PRESENCE OF: FLORIDA, a Florida municipal corporation
By:
Name:
Name:
Attest:
By:
, City Clerk
Approved as to form and language
and for execution:
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City f'ttom,-� • . - --Dated _ • :-
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= STATE OF:FLORIDA) ... '
COUNTY OF MIAMI-DADE :): ._-
The foregoing instrument::was;acknowledged before me this • day of : - ,
20_ by and _ and ;
; .respectively, for the City of Miami- B,each,:.Florida; on behalf of the , ._.
City. - ._ -
- By
- _- Signature of Notary Public .- - . _
My Commission Expires:
Printed, typed or stamp
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F:\ATTO\HELG\Baywalks\Lincoln Bay Tower\BAYWALK AUTHORIZATION AGREEMENT 9-28 2012doc
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