Amendment No. 1 to the Agreement with Lincoln Center Associates, LLC . a
This instrument prepared by and
after recording return to:
Adam D. Lustig,Esq.
Bilzin Sumberg Baena Price&Axelrod LLP
1450 Brickell Avenue,23rd Floor
Miami,Florida 33131
(For Recorder's Use Only)
FIRST AMENDMENT TO EASEMENT AGREEMENT
THIS FIRST AMENDWNT��NO EASEMENT AGREEMENT (this "Amendment")
is made as of the j a of/L4 VOL-2015, by and between CITY OF MIAMI BEACH,
I y y
FLORIDA, a municipal corporation of the State of Florida (the "City"), and LINCOLN
CENTER ASSOCIATES, LLC, a Florida limited liability company ("Lincoln"). The City and
Lincoln are each, a"Party", and collectively,the "Parties".
RECITALS:
A. The City owns those certain right of ways along a portion of Euclid Avenue,
between Lincoln Road and Lincoln Lane South, along with a portion of the adjacent right of
ways, all lying in Miami Beach, Florida (the "City Property"), more particularly described in the
attached Exhibit"A-1".
B. Lincoln is the owner of certain land located adjacent to Lincoln Lane South and
Euclid Avenue, on which a parking lot is located, more particularly described in the attached
Exhibit "A-2" (the "Lincoln Center Parking Lot"), and a building known as "Lincoln Center"
located at 618-690 Lincoln Road, Miami Beach, Florida, adjacent to the City Property, and more
particularly described in the attached Exhibit"A-3" (the "Lincoln Center Building").
C. At the request of developer, Jameck Development, Inc. ("Jameck"), The Historic
Preservation Board of the City, pursuant to an Order dated October 8, 2013, under HPB File No.
7385 (the "HPB Order") approved street scape improvements in the City's Property, including
but not limited to, the removal of the disconnect vault and landscape, installation of new
hardscape, landscape and street lighting and the closure of the portion of Euclid Avenue to
vehicular traffic, from Lincoln Road to the north part of Lincoln Lane South, as part of an
extension of the pedestrian mall, and creation of a new pedestrian drop-off area, subject to
MIAMI 4477652.4 80574/43097 '
P`,
,2o/(4-7 5e(0-73
approval by the City's Public Works Department (collectively, the "Euclid Project
Improvements"). Part of these Euclid Project Improvements involves the removal of the
electrical disconnect vault("City Electrical Disconnect Vault"), located within the City Property,
and relocating the City Electrical Disconnect Vault to the Lincoln Center Parking Lot, in
functioning order.
D. The City and Jameck, an affiliate of Lincoln (Jameck and Lincoln are under
common control), entered into a Development Agreement dated July 23, 2014, and recorded in
Official Records Book 29446, Page 3072, in the Public Records of Miami-Dade County, Florida
(the "Development Agreement") providing for Jameck to design and construct the Euclid Project
Improvements.
E. As part of the scope for the work related to the construction of the Euclid Project
Improvements, pursuant to the Development Agreement, Jameck agreed to cause Lincoln to
grant the City a permanent easement in connection with the future maintenance of the City
Electrical Disconnect Vault pursuant to an Easement Agreement dated July 23, 2014, and
recorded in Official Records Book 29446, Page 3481, in the Public Records of Miami-Dade
County, Florida(the "Easement").
F. The City and Lincoln desire to amend the Easement to reflect the further
relocation of the City Electrical Disconnect Vault from the electrical vault building at the
Lincoln Center Parking Lot to a maintenance closet to be constructed in the Lincoln Center
Building, as more particularly set forth in this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, and the benefits each is to receive, the parties agree as follows:
1. Recitals. The foregoing recitals are hereby incorporated herein and made a part
hereof by this reference. Capitalized terms not otherwise defined herein have the meanings
given to such terms in the Easement.
2. Grant of Easements. Section 2 in the Easement is hereby deleted and replaced
with the following:
"Grant of Easements. Lincoln hereby grants to the City a permanent, non-
revocable maintenance easement, including the right of entry and the right to
maintain, repair, replace and/or relocate (the "City Maintenance Easement"),
as needed, the City Electrical Disconnect Vault, within a maintenance closet to
be constructed by Lincoln in the Lincoln Center Building (the "Maintenance
Closet"), in the location shown in the attached Exhibit "B". The Maintenance
Closet will only be accessible from the exterior of the Lincoln Center Building
on Euclid Avenue and only City employees will have access to the Maintenance
Closet."
3. Redevelopment of Lincoln Center Building. Section 8 in the Easement is
hereby deleted and replaced with the following:
MIAMI 4477652.4 80574/43097
C
"Redevelopment of Lincoln Center Building. Notwithstanding anything
contained in this Agreement to the contrary, the granting of this Maintenance
Easement to the City shall not prevent or preclude Lincoln from developing
or redeveloping the Lincoln Center Building, so long as the City Electrical
Disconnect Vault remains in the Maintenance Closet or any other portion
of the Lincoln Center Building that is greater than or equal to the size of the
Maintenance Closet, provided that the Electrical Disconnect Vault shall remain
operational and the location is approved by the City."
4. References to Lincoln Center Parking Lot. All references to the term "Lincoln
Center Parking Lot" in the Easement (other than in the Recitals) are hereby replaced
with "Lincoln Center Building".
5. Miscellaneous.
(a) Ratification. All terms, covenants and conditions of the Easement not
expressly modified herein are hereby confirmed and ratified and remain in full force and effect.
(b) Conflict. In the event of a conflict between the terms of this Amendment
and the Easement, the terms of this Amendment shall prevail.
(c) Counterparts. This Amendment may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which shall constitute one and
the same instrument.
(d) Facsimile. Facsimile and electronically transmitted copies shall be
deemed for all purposes to be originals.
[SIGNATURES TO FOLLOW ON NEXT PAGE]
MIAMI 4477652.4 80574/43097
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
date first written above.
WITNESSES: CITE':
.//
CITY OF M H, FLORIDA,
a munici p c p o=a . of the State of Florida
1 By. .
Sign ice"'" Name: P . ,i Levine
Title: ,f%.ayor
Print Name t97,/—S-1-5 �.I�\.........'�.�4'�i,,
Sign fr17.1 :MCORP ORATED:
Print Name +'' C
ATTEST:
Pa y+
By: 3/i7/f�
Nam : Rafael Granado
Title: City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
T foregoing instrument was acknowledged before me this / 7 day of
Yhar' , 2015, by Philip Levine, as Mayor, and Rafael Granado, as City Clerk, of the
Y P Y
CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on
behalf of such municipal corporation. They are personally known to me or produced valid
Florida driver's licenses as identification. .
Notary Public, State of Florida
My commission expires:
APPROVED AS TO
FORM & LANGUAGE "" LIUACARDILLO
•tipY 1(�„�r
& FOR EXECUTION • i :_ MY COMMISSION#FF 155322
% EXPIRES:August 27,2018
''Rf S`•' Bonded Thru Notary Public Underwriters
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fy City Attorney Date
WITNESSES: LINCOLN CENTER ASSOCIATES,LLC,
a Florida limited liability company:
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f
Sigrt , -fie By:/1
�-:
h -: v elvyn Schlesser
Title: anager
Print Name 4r/ ?n
07i--/WIS Sign /
, la? -
Pri -
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4e5d 3 d/ ilod
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ii 1-16 day of,&4 Lc
2015, by Melvyn Schlesser, the Manager of LINCOLN CENTER ASSOCIATES, LLC, a
Florida limited liability company. He is personally known to e or pr.•.uce valid Florida
driver's licenses as identification.
s.
‘I I V ' ' .
No . 'ublic, State of Florida
My commission expires: I, ." ----..,...— ......- —i
40 s„, �i�,,, SUSANA M.LEVINE 0
e ,„�;`�: Notary Public-State of Florida
•: !!, : My Comm.Expires Aug 25,2016
N w IIli,i e:
Commission#EE 218502
d \$�� Bonded Through National Notary Assn. P
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EXHIBIT "A-1"
LEGAL DESCRIPTION OF CITY PROPERTY
A portion of Euclid Avenue Right-of-Way as shown on the plat of"SECOND COMMERICAL
SUBDIVISION OF THE ALTON BEACH REALTY COMPANY", according to the plat
thereof, as recorded in Plat Book 6, at Page 33, and the plat of"LINCOLN SUBDIVISION",
according to the plat thereof, as recorded in Plat Book 9, at Page 69, both recorded in the Public
Records of Miami-Dade County, Florida; bounded on the North by the extension of the South
Right-of-Way Line of Lincoln Road; bounded on the South by the extension of the North Right-
of-Way Line of Lincoln Lane South; bounded on the East by the East Right-of-Way line of
Euclid Avenue and bounded on the West by the West Right-of-Way Line of Euclid Avenue.
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EXHIBIT "A-2"
LEGAL DESCRIPTION OF LINCOLN CENTER PARKING LOT
Lots 7 and 8 in Block 51-A, LINCOLN SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 9, at Page 69, of the Public Records of Miami-Dade County, Florida.
Folio No. 02-3234-002-0540
41-6
EXHIBIT "A-3"
LEGAL DESCRIPTION OF LINCOLN CENTER BUILDING
Lots 3, 4, 5 and 6, Block 51 of ALTON BEACH REALTY COMPANY SECOND
COMMERCIAL SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, at
Page 33,of the Public Records of Miami-Dade County,Florida.
Folio No. 02-3234-003-0060
EXHIBIT "B"
EASEMENT AREA
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& 02-3234-01414-0540 Adthr. 1,34950S4.-Prolpeesie 133Rri Court
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EASENTrsT LEGAL DEgC.1111PTION:
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S.EtONTEL COMMERCItAL.S'OODINIStOR,PieCialtDNO O ThE PLAT nintEor AS.ttsoollom hN PEAT LOOM,6.0
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