Settlement Statement with South Beach Bayside Condominium Association I, Inc. 101Z-,) -01 q,5-1Y((
P-017.-(47(7?
Settlement Statement
Grantee: City of Miami Beach, a Florida municipal corporation
1700 Convention Center Drive, 4th Floor,Miami Beach,Florida 33139
Grantor: South Beach Bayside Condominium Association I,Inc.,a Florida not for profit
corporation C/O Lynx Property Services
12485 SW 137 Avenue, Suite 309,Miami,Florida 33186
Property Location: 3101 Indian Creek Drive,Miami Beach,Florida 33140 (See Exhibit A attached)
Date: 11/4,kct, 1p_, 2017
Settlement Agent: Suzanne A. Dockerty,P.A.
110 Merrick Way, Suite 3B, Coral Gables,Florida 33134
Grantee Settlement Fees:
Title Search Reports and Updates: $250.00
Title Insurance Premium($171,220): $ 931.50
Settlement Fee: $ 500.00
Clerk of Court Recording Fee:
Quit Claim Deed with Easement Agreement: $ 78.00
Documentary Stamp Tax: $ 1.05
Easement Agreement: $ 61.00
Documentary Stamp Tax: $ 1.05
Partial Release of Security Agreement: $ 27.00
Wire Transfer Fee/FedEx: $ 75.00
Total Grantee Settlement Fees: $1,924.60
I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief, it is a true
and accurate statement of all receipts and disbursements made on account of this transaction.
Grantee:
City of Mia Beach, a • 'da municipal corporation
By: --...''e-
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This instrument was prepared by and after
recording should be returned to:
Raul J.Aguila, City Attorney
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
A portion of Folio No.:02-3226-035-0001 Reserved for Clerk of Court
QUIT-CLAIM DEED AND EASEMENT AGREEMENT
THIS QUIT-CLAIM DEED, made as of this day of fpr i I , 2017 (the
Effective Date), by SOUTH BEACH BAYSIDE CONDOMINIUM ASSOCIATION I, INC., a
Florida not for profit corporation,whose address is 3101 Indian Creek Drive, Miami Beach,
Florida, 33140 ("First Party"), to the City of Miami Beach, a Florida municipal corporation,
whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139("Second Party"):
(Wherever used herein the terms First Party and Second Party shall include
singular and plural, heirs, legal representatives, and assigns of individuals, and
the successors and assigns of corporations, wherever the context so admits or
requires).'
WHEREAS, First Party wishes to sell the Property, as more particularly described
herein, to Second Party, which Property has an adjoining seawall that is in disrepair, and
Second Party is authorized to accept title to the Property and undertake the necessary repairs
to the adjoining seawall, as authorized pursuant to City of Miami Beach Resolution No. 2017-
29749.
WITNESSETH, that the said First Party, for and in consideration of the sum of Ten
Dollars and other good and valuable consideration ($10.00) in hand paid by the said Second
Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim
unto the said Second Party forever, all the right, title, interest, claim and demand which the said
First Party, has including imposition of association assessments, dues, or fees of any kind,
whether regular or special, in and to the following described land, situate, lying and being in
Miami-Dade County, Florida, (the Property")and legally described as follows:
Outlots opposite,Lots 13 and 14 of Block 16, as the same is shown on Map or Plat of The
Ocean Front Property of the Miami Beach Improvement Company, as recorded in Plat Book 5,
Page 7 and 8, of the Public Records of Miami-Dade County, Florida, as further described as
follows, to wit:
BEGINNING at the intersection of the North Line of Seventh Street (now known as 31st Street)
and the West line of Indian Creek Drive, as shown in Plat Book 5, Pages 7 and 8 of the Public
Records of Miami-Dade County, Florida;thence North along the west line Indian Creek Drive to
the intersection of said West Line and the North Line of said Lot 13 projected Westerly, thence
West parallel to the North Line of Seventh Street (now known as 31st Street) along the North
Line of said Lot 13 projected Westerly to the waters of Indian Creek, thence South along the
waters of Indian Creek to the North line of Seventh Street (now known as 31st Street); thence
East along the North Line of Seventh Street (now known as 31st Street) to the Point of
1
Beginning, being`the premises adjacent to said Lots 13 and 14 of Block 16 above described,
situated between Indian Creek Drive and Indian Creek.
Also known as Commercial Unit 1 under the Declaration of Condominium of South Beach
Bayside Condominium I, recorded in O.R. Book 16422, Page 1258 as amended.
TO HAVE AND TO HOLD the same together with all the tenements, hereditaments and
appurtenances thereunto belonging.
The First Party reserves for itself, its successors and assigns a perpetual, non-exclusive
easement of ingress and egress in, over, on, and through the Property, specifically for the
benefit of First Party's property (as defined in the Easement,.Agreement), pursuant to the terms
and conditions set forth in the Easement Agreement, incorporated herein by reference and
attached hereto as Exhibit W.
IN WITNESS WHEREOF, the said First Party has signed and sealed these presents the day
and year first above written.
Signed,sealed and delivered
in the presence of SOUTH BEACH BAYSIDE CONDOMINIUM
ASSOCIATION I, INC.
a Florida not for profit corporation
Witne ses:
bi ' ////�,L,� By: AM (c), —
li.lt a E t./ i � � k). Co lie
Print 2 Print Name:
reef-
I �� Title:
Print Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
he foregoing instrument was acknowledged before this `(r day of
A k ,2017 by <e). , as , on
behalf of SOUTH BEACH BAYSIDE CONDOMINIUM ASSOCIATION I, INC, a Florida not for
profit corporation, who is personally known to me or who has produced
(las identification.
7 :12
My Commission Expires: Notary Public, State of Florida
�ot�`r au�ic ROBERT H.YAFFE
MY COMMISSION#FF 997410 2
* ,.i EXPIRES:July 26,2020
N9rF0iPLb� ea7hruBudgetNotatlSams
Exhibit"A"
Easement Agreement
This Easement Agreement ("Easement Agreement") is made this day of
, 2017, by and between the City of Miami Beach, a Florida municipal corporation,
whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City") and
South Beach Bayside Condominium Association I, Inc., a Florida not for profit corporation,
whose address is 3101 Indian Creek Drive, Miami Beach, Florida, 33140("Company")(the
City or Company may be referred to herein individually as a"party"or collectively as"parties");
WHEREAS, the City is the owner of that land, situate, lying and being in Miami-Dade
County, Florida ("City's Property") legally described as:
Outlots opposite Lots 13 and 14 of Block 16, as the same is shown on Map or Plat of The
Ocean Front Property of the Miami Beach Improvement Company, as recorded in Plat Book 5,
Page 7 and 8, of the Public Records of Miami-Dade County, Florida, as further described as
follows, to wit:
BEGINNING at the intersection of the North Line of Seventh Street (now known as 31st Street)
and the West line of Indian Creek Drive, as shown in Plat Book 5, Pages 7 and 8 of the Public
Records of Miami-Dade County, Florida; thence North along the west line Indian Creek Drive to
the intersection of said West Line and the North Line of said Lot 13 projected Westerly, thence
West parallel to the North Line of Seventh Street (now known as 31st Street) along the North
Line of said Lot 13 projected Westerly to the waters of Indian Creek, thence South along the
waters of Indian Creek to the North line of Seventh Street (now known as 31st Street) thence
East along the North Line of Seventh Street (now known as 31st Street) to the Point of
Beginning, being the premises adjacent to said Lots 13 and 14 of Block 16 above described,
situated between Indian Creek Drive and Indian Creek.
Also known as Commercial Unit 1 under the Declaration of Condominium of South
Beach Bayside Condominium I, recorded in O.R. Book 16422, Page 1258 as amended.
WHEREAS, the Company is the owner of that land, situate, lying and being in Miami-
Dade County, Florida ("Company's Property") legally described as:
Lots 7, 8, 10-13 and 14 in Block 16, Ocean Front Property of the Miami Beach
Improvement Company according to the plat thereof, as recorded in Plat Book 5
Pages 7 and 8, of the Public Records of Miami-Dade County, Florida.
WHEREAS, Company desires to preserve a perpetual, non-exclusive easement for
ingress and egress on, in and over the City's Property, with the exact location(s) to be
determined at a future date, in connection with any future development of Marine Related Uses,
as defined in Section 3, which uses are anticipated to be developed adjacent to or near the
seawall adjacent to the City's Property, specifically for the benefit of Company's Property;
WHEREAS, the City has the authority and capacity to grant the perpetual, non-exclusive
easement granted herein pursuant to City of Miami Beach Resolution Number 2017-29749;
WHEREAS, the City Manager as referenced in this Easement Agreement shall mean
the chief executive officer of the City or such person(the City Manager's designee) as may from
time to time be authorized in writing by such administrative official to act for him/her with respect
to any or all matters pertaining to this Easement Agreement.
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 parties agree as follows:
1. The above recitals are true and correct and are incorporated herein as part of this
Easement Agreement.
2. the City does hereby grant to Company, its successors and assigns, a perpetual, non-
exclusive easement for ingress and egress in, over, on, and through the City's Property,
for the benefit of the Company Property, in connection with the construction, operation
and maintenance of Marine Related Uses and subject to the terms and conditions set
forth herein.
3. As referred to herein, Marine Related Uses shall include water transportation stops, wet
dockage for pleasure craft, kiosks, walkways and decks, the operation of watercraft
rental, and other similar improvements and activities associated with the use of the
waterway.
4. Company will have the right to construct, maintain and operate, at its sole cost and
expense, improvements in connection with a Marine Related Use ("Marine
Improvements"). All Marine Improvements shall require the City Manager's prior written
consent, which consent shall not be unreasonably withheld; provided that: (1) Company
is in good standing under the terms of this Easement (including payment of any invoices
issued pursuant to Section 6 herein); and (2) the proposed Marine Improvement: (i)
does not interfere with the use of the City's Property for a public purpose; (ii) does not
pose a public health, safety or welfare risk; or(iii)does not pose a risk of damage to the
improvements at the City's Property, which City improvements may include, but are not
limited to,the seawall/retaining wall,utilities, or other City improvements.
5. All approved Marine Improvements shall be constructed, operated and maintained in
compliance with all applicable regulations of the Federal, State, County, City of Miami
Beach Code of Ordinances, and any other regulations governing the Marine Related
Use (collectively, "Laws"). Following completion of any Marine Improvement, Company,
at its sole cost and expense, shall have the sole responsibility for repairing and
maintaining the Easement Area and the Marine Improvements, including any
surrounding area, which may include the seawall, if applicable. Company shall provide
the same level of maintenance for the Easement Area and Marine Improvements as the
City currently provides for similar areas and similar improvements, but at minimum, the
Marine Improvements shall be maintained and operated in a safe, clean and orderly
manner.
6. Should Company fail to maintain the Easement Area or any Marine Improvements
constructed in connection with any Marine Related Uses, upon receipt of thirty (30)days
written notice from the City, and Company's failure to remedy the condition to the City
Manager or City Manager's designee's satisfaction, the City may, but without an
obligation to do so, undertake Company's repair obligation and Company shall
reimburse the City for said expense within thirty {30) days from presentment of the
invoice. Any unpaid invoices shall accrue interest at the rate of one percent (1%) per
month until paid.
7. Subject to the limitations set forth in Section 4, Company shall have the right to access
any portion of the City's Property which may be reasonably necessary to grant Company
4
access to the Marine Improvements or in connection with the operation of the Marine
Related Use. Upon the City approving a Marine Improvement, the parties shall execute
an amendment to this Easement Agreement, attaching a sketch of the Marine
Improvement and the legal description of the easement area ("Easement Area"),
describing the location of the Marine Improvement and access locations at the City's
Property for ingress and egress related to the Marine Improvement or Marine Related
Use.
8. The City shall not withhold or obstruct Company's access to the Easement Area through
the installation of a fence or other similar means; except as may be necessary in
connection with any repairs or improvements to the City's Property, such as the
installation of a new seawallretaining wall; or as may be necessary for the health,
safety, or welfare of the general public.
9. The Easement may be modified, amended, or released as to any portion of the
Easement by a written instrument executed by both parties hereto or their successors or
assigns, providing that same has been approved by the City Commission.
10. It is understood and agreed that any City official has the right to enter and investigate the
use of the Property,to verify compliance with the conditions of this Easement Agreement
or any applicable Laws.
11. Company, its employees, agents, servants, partners, principals or subcontractors
(collectively, "Indemnifying Parties") shall indemnify and hold harmless the City, its
officers, employees, agents and instrumentalities (collectively, 'Indemnified Parties")
from any and all liability, losses or damages, including the costs of any suits, attorney's
fees and other expenses in connection therewith, including trial and appeals therefrom,
which the Indemnified Parties may incur as a result of claims, demands, suits, causes of
action, or proceedings of any kind or nature arising out of, relating to, or resulting from
the negligence of the Indemnifying Parties; use of the Easement Area or Marine
Improvement;or in connection with the Maritime Related Use.
12. Insurance.
a. Construction Insurance. Upon approval of a Marine Improvement by the City, but
no later than the date Company secures all required governmental approvals to
commence construction, Company shall purchase insurance, as may be requested
by the City Manager or his designee, based upon insurance coverages customary for
the construction of the approved Marine Improvement, which may include, without
limitation, Builder's Risk insurance; Payment and Performance Bond for the value of
the construction of the Marine Improvement and Commercial General Liability
insurance for the Contractor, reflecting the City as an additional insured{collectively
'Construction Insurance").
b. Upon completion of the first approved Marine Improvement, Company shall
secure and thereafter maintain, at all times, insurance covering the Easement Area
and all completed Marine Improvements, as may be requested by the City Manager
or his designee, based upon insurance coverages customary for the completed
Marine Improvement, but in any event, Company shall maintain the following
minimum insurance requirements:
1. Commercial General Liability: $1,000,000 per occurrence;
$2,000,000 in the aggregate.
5
2. Property: Full replacement value for any completed Marine
Improvements within the Easement Area.
Such insurance policies shall name the City as an additional insured and loss payee
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 provide for waiver of subrogation. Company shall provide
the City with a certificate of insurance evidencing said coverages.
Company shall provide the City with written notice of any cancellation of
coverage within two (2)days from receipt of any notification of cancellation to:
The City of Miami Beach
Attention of Risk Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
The City reserves the right to modify the insurance requirements, in the City
Manager or his designee's reasonable discretion, based upon any change in the type
or number of Marine Improvements constructed.
13.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
Attention: City Manager
With a copy to: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attention: City Attorney
If to Grantee at: South Beach Bayside Condominium Association I, Inc.
do Lynx Property Services
12485 SW 127 Avenue, Suite 309
Miami, FL 33186
With a copy to:
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 Agreement.
14.Either party may bring an action, at law or in equity, to enforce the terms and conditions
of this Easement Agreement against any party or person violating or attempting to
6
violate any provision of this Easement Agreement, either to restrain violations or to
recover damages.
15.This Easement Agreement shall be enforceable in Miami-Dade County, Florida, and if
legal action is necessary by either party with respect to the enforcement of any or all of
the terms and conditions herein, exclusive venue for the enforcement of same shall be
Miami-Dade County, Florida. This Easement 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 laws. The exclusive venue for any
litigation arising out of this Easement Agreement shall be Miami Dade County, Florida, if
in state court, and the U.S. District Court, Southern District of Florida, if in federal court.
BY ENTERING INTO THIS EASEMENT AGREEMENT, COMPANY AND THE CITY
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
AGREEMENT.
16. Entire Agreement. This Easement Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes all prior
agreements, understandings and arrangements, both oral and written.
17.City Representations. City covenants, warrants and represents (i) that City is the fee
simple owner of the City's Property and has the right, title and capacity to grant the
perpetual, non-exclusive easement granted herein, and (ii) there are no lienholders on
the Easement Property.
18. Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created under the terms of this Easement
Agreement are appurtenant to the City's Property. The provisions hereof shall run with
the land, shall be binding on the parties hereto, their successors and assigns, and shall
inure to the benefit of Company's Property.
[Signature Pages Follow]
7
Signed,witnessed, executed and acknowledged this day of , 2017.
Signed,sealed and delivered
in the presence of: South Beach Bayside Condominium Association. I,
Inc.,a Florida not for profit corporation
Witnesses:
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 2017 by .as , on behalf
of South Beach Bayside Condominium Association. I, Inc., a Florida not for profit corporation,
who is personally known to me or who has produced as
identification.
My Commission Expires: Notary Public, State of Florida
Signed, witnessed, executed and acknowledged this day of , 2017.
Signed, sealed and delivered
in the presence of: City of Miami Beach,
a Florida municipal corporation
Witnesses:
By:
Jimmy L. Morales, City Manager
Print Name:
Attest:
Print Name: Rafael E. Granado, Clerk
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DAOE )
The foregoing instrument was acknowledged before me this day of
, 2017 by Jimmy L. Morales and Rafael E. Granado, as City Manager and City
Clerk, respectively, of the City of Miami Beach, a Florida municipal corporation, who are
personally known to me or who have produced as identification.
My Commission Expires: Notary Public, State of Florida
9
J:\DOCS\rea1\5024\5024-4\00191738.DOC.
This instrument was prepared by and after
recording should be returned to:
Raul J. Aguila, City Attorney
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach,Florida 33139
A portion of Folio No.:02-3226-035-0001 Reserved for Clerk of Court
EASEMENT AGREEMENT
`4h
This Easement Agreement ("Easement Agreement") is made this 2. day of
ra.a , 2017, by and between the City of Miami Beach, a Florida municipal corporation,
whose)address is 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City") and
South Beach Bayside Condominium Association I, Inc., a Florida not for profit corporation,
whose address is 3101 Indian Creek Drive, Miami Beach, Florida, 33140 ("Company")(the
City or Company may be referred to herein individually as a"party"or collectively as"parties");
WHEREAS, the City is the owner of that land, situate, lying and being in Miami-Dade
County,Florida ("City's Property") legally described as:
Outlots opposite Lots 13 and 14 of Block 18, as the same is shown on Map or Plat of The
Ocean Front Property of the Miami Beach Improvement Company, as recorded in Plat Book 5,
Page 7 and 8, of the Public Records of Miami-Dade County, Florida, as further described as
follows,to wit:
BEGINNING at the intersection of the North Line of Seventh Street (now known as 31st Street)
and the West line of Indian Creek Drive, as shown in Plat Book 5, Pages 7 and 8 of the Public
Records of Miami-Dade County, Florida; thence North along the west line Indian Creek Drive to
the intersection of said West Line and the North Line of said Lot 13 projected Westerly, thence
West parallel to the North Line of Seventh Street (now known as 31st Street) along the North
Line of said Lot 13 projected Westerly to the waters of Indian Creek, thence South along the
waters of Indian Creek to the North line of Seventh Street (now known as 31st Street) thence
East along the North Line of Seventh Street (now known as 31st Street) to the Point of
Beginning, being the premises adjacent to said Lots 13 and 14 of Block 16 above described,
situated between'Indian Creek Drive and Indian Creek.
Also known as Commercial Unit 1 under the Declaration of Condominium of South
Beach Bayside Condominium I, recorded in O.R. Book 16422, Page 1258 as amended.
WHEREAS, the Company is the owner of that land, situate, lying and being in Miami-
Dade County, Florida("Company's Property")legally described as:
Lots 7, 8, 10-13 and 14 in Block 16, Ocean Front Property of the Miami Beach
Improvement Company according to the plat thereof, as recorded in Plat Book 5
Pages 7 and 8, of the Public Records of Miami-Dade County, Florida.
WHEREAS, Company desires to preserve a perpetual, non-exclusive easement for
ingress and egress on, in and over the City's Property, with the exact location(s) to be
1
determined at a future date, in connection with any future development of Marine Related Uses,
as defined in Section 3, which uses are anticipated to be developed adjacent to or near the
seawall adjacent to the City's Property, specifically for the benefit of Company's Property;
WHEREAS, the City has the authority and capacity to grant the perpetual, non-exclusive
easement granted herein pursuant to City of Miami Beach Resolution Number 2017-29749;
WHEREAS, the City Manager as referenced in this Easement Agreement shall mean
the chief executive officer of the City or such person (the City Manager's designee) as may from
time to time be authorized in writing by such administrative official to act for him/her with respect
to any or all matters pertaining to this Easement Agreement.
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 parties agree as follows:
1. The above recitals are true and correct and are incorporated herein as part of this
Easement Agreement.
2. the City does hereby grant to Company, its successors and assigns, a perpetual, non-
exclusive easement for ingress and egress in, over, on, and through the City's Property,
for the benefit of the Company Property, in connection with the construction, operation
and maintenance of Marine Related Uses and subject to the terms and conditions set
forth herein.
3. As referred to herein, Marine Related Uses shall include water transportation stops, wet
dockage for pleasure craft, kiosks, walkways and decks, the operation of watercraft
rental, and other similar improvements and activities associated with the use of the
waterway.
4. Company will have the right to construct, maintain and operate, at its sole cost and
expense, improvements in connection with a Marine Related Use ("Marine
improvements"). All Marine Improvements shall require the City Manager's prior written
consent, which consent shall not be unreasonably withheld; provided that: (1) Company
is in good standing under the terms of this Easement(including payment of any invoices
issued pursuant to Section 6 herein); and (2) the proposed Marine Improvement: (1)
does not interfere with the use of the City's Property for a public purpose; (ii) does not
pose a public health, safety or welfare risk; or(iii)does not pose a risk of damage to the
improvements at the City's Property, which City improvements may include, but are not
limited to, the seawall/retaining wall, utilities, or other City improvements.
5. All approved Marine Improvements shall be constructed, operated and maintained in
compliance with all applicable regulations of the Federal, State, County, City of Miami
Beach Code of Ordinances, and any other regulations governing the Marine Related
Use (collectively, "Laws"). Following completion of any Marine Improvement, Company,
at its sole cost and expense, shall have the sole responsibility for repairing and
maintaining the Easement Area and the Marine Improvements, including any
surrounding area, which may include the seawall, if applicable. Company shall provide
the same level of maintenance for the Easement Area and Marine Improvements as the
City currently provides for similar areas and similar improvements, but at minimum, the
Marine Improvements shall be maintained and operated in a safe, clean and orderly
manner.
2
6. Should Company fail to maintain the Easement Area or any Marine Improvements
constructed in connection with any Marine Related Uses, upon receipt of thirty(30)days
written notice from the City, and Company's failure to remedy the condition to the City
Manager or City Manager's designee's satisfaction, the City may, but without an
obligation to do so, undertake Company's repair obligation and Company shall
reimburse the City for said expense within thirty (30) days from presentment of the
invoice. Any unpaid invoices shall accrue interest at the rate of one percent (1%) per
month until paid.
7. Subject to the limitations set forth in Section 4, Company shall have the right to access
any portion of the City's Propertywhich may be reasonably necessary to grant Company
access to the Marine Improvements or in connection with the operation of the Marine
Related Use. Upon the City approving a Marine Improvement, the parties shall execute
an amendment to this Easement Agreement, attaching a sketch of the Marine
Improvement and the legal description of the easement area ("Easement Area"),
describing the location of the Marine Improvement and access locations at the City's
Property for ingress and egress related to the Marine Improvement or Marine Related
Use.
8. The City shall not withhold or obstruct Company's access to the Easement Area through
the installation of a fence or other similar means; except as may be necessary in
connection with any repairs or improvements to the City's Property, such as the
installation of a new seawallhetaining wall; or as may be necessary for the health,
safety, or welfare of the general public.
9. The Easement may be modified, amended, or released as to any portion of the
Easement by a written instrument executed by both parties hereto or their successors or
assigns, providing that same has been approved by the City Commission.
10. It is understood and agreed that any City official has the right to enter and investigate the
use of the Property,to verify compliance with the conditions of this Easement Agreement
or any applicable Laws.
11.Company, its employees, agents, servants, partners, principals or subcontractors
(collectively, indemnifying Parties") shall indemnify and hold harmless the City, its
officers, employees, agents and instrumentalities (collectively, "Indemnified Parties")
from any and all liability, losses or damages, including the costs of any suits, attorney's
fees and 'other expenses in connection therewith, including trial and appeals therefrom,
which the Indemnified Parties may incur as a result of claims,demands, suits, causes of
action, or proceedings of any kind or nature arising out of, relating to, or resulting from
the negligence of the Indemnifying Parties; use of the Easement Area or Marine
Improvement; or in connection with the Maritime Related Use.
12. Insurance.
a. Construction Insurance. Upon approval of a Marine Improvement by the City,but
no later than the date Company secures all required governmental approvals to
commence construction, Company shall purchase insurance, as may be requested
by the City Manager or his designee, based upon insurance coverages customary for
the construction of the approved Marine Improvement, which may include, without
limitation, Builder's Risk insurance; Payment and Performance Bond for the value of
the construction of the Marine Improvement and Commercial General Liability
3
insurance for the Contractor, reflecting the City as an additional insured (collectively
"Construction Insurance").
b. Upon completion of the first approved Marine Improvement, Company shall
secure and thereafter maintain, at all times, insurance covering the Easement Area
and all completed Marine Improvements, as may be requested by the City Manager
or his designee, based upon insurance coverages customary for the completed
Marine Improvement, but in any event, Company shall maintain the following
minimum insurance requirements:
1. Commercial General Liability: $1,000,000 per occurrence;
$2,000,000 in the aggregate.
2. Property: Full replacement value for any completed Marine
Improvements within the Easement Area.
Such insurance policies shall name the City as an additional insured and loss payee
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 provide for waiver of subrogation. Company shall provide
the City with a certificate of insurance evidencing said coverages.
Company shall provide the City with written notice of any cancellation of
coverage within two (2)days from receipt of any notification of cancellation to:
The City of Miami Beach
Attention of Risk Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
The City reserves the right to modify the insurance requirements, in the City
Manager or his designee's reasonable discretion, based upon any change in the type
or number of Marine Improvements constructed.
13.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
Attention: City Manager
With a copy to: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attention: City Attorney
If to Grantee at: South Beach Bayside Condominium Association I, Inc.
do Lynx Property Services
12485 SW 127 Avenue, Suite 309
Miami, FL 33186
4
With a copy to:
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 Agreement.
14. Either party may bring an action, at law or in equity, to enforce the terms and conditions
of this Easement Agreement against any party or person violating or attempting to
violate any provision of this Easement Agreement, either to restrain violations or to
recover damages.
15.This Easement Agreement shall be enforceable in Miami-Dade County, Florida, and if
legal action is necessary by either party with respect to the enforcement of any or all of
the terms and conditions herein, exclusive venue for the enforcement of same shall be
Miami-Dade County, Florida. This Easement 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 laws. The exclusive venue for any
litigation arising out of this Easement Agreement shall be Miami Dade County, Florida, if
in state court, and the U.S. District Court; Southern District of Florida, if in federal court.
BY ENTERING INTO THIS EASEMENT AGREEMENT, COMPANY AND THE CITY
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
AGREEMENT.
16. Entire Agreement. This Easement Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes all prior
agreements, understandings and arrangements, both oral and written.
17. City Representations. City covenants, warrants and represents (i) that City is the fee
simple owner of the City's Property and has the right, title and capacity to grant the
perpetual, non-exclusive easement granted herein, and (ii) there are no lienholders on
the Easement Property.
18. Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created under the terms of this Easement
Agreement are appurtenant to the City's Property. The provisions hereof shall run with
the land, shall be binding on the parties hereto, their successors and assigns, and shall
inure to the benefit of Company's Property.
[Signature Pages Follow]
5
Signed,witnessed, executed and acknowledged this � day of firy` , 2017.
Signed,sealed and delivered
in the presence of: South Beach Bayside Condominium Association. I,
Inc,, a Florida not for profit corporation
Witn- ses:
•
Ad)
/ /- By: (0, i
Signed, witnessed, executed and acknowledged this 1 0 day of IN is 7 , 2017.
Signed, sealed and delivered
in the presence of: City of Miami Beach,
a Florida municipal corporation
Witnesses:
, _attite-a)
Q my L. srales, City Manager
AL-SEA
Print N. e:
Attest
(Zc i J if'`Yi � Ao / a<7
Print e: RafaeVE. Granado, Clerk
STATE OF FLORUJA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this I G& day of
tva v� , 2017 by Jimmy L. Morales and Rafael E. Granado, as City Manager and City
Clerk, respectively, of the City of Miami Beach, a Florida municipal corporation, who are
personally known to me or who have produced as identification.
My Commission Expires: Ndthry Public, State of Florida
J•Ty%s •, UL1A CARDILLO
' ' � = MY COMMISSION#FF 155322
=�'• EXPIRES:August 27,2018
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J:\DOCS\real\5024\5024-4\00111738.00C.
Closing Affidavit
(Seller)
Before me,the undersigned authority,personally appeared the undersigned("Affiant"),who being by me first duly sworn,
on oath,depose(s)and say(s)that:
1. South Beach Bayside Condominium Association I,Inc.,a Florida not for Profit corporation ("Seller"),is the owner
of and is selling the following described property to City of Miami Beach,a Florida municipal corporation("Buyer"),
to wit:
Outlots opposite Lots 13 and 14 of Block 16,as the same is shown on Map or Plat of The Ocean Front Property of the
Miami Beach Improvement Company,as recorded in Plat Book 5,Page 7 and 8,of the Public Records of Miami-Dade
County,Florida,as further described as follows,to wit:
BEGINNING at the intersection of the North Line of Seventh Street(now known as 31st Street)and the West line of
Indian Creek Drive,as shown in Plat Book 5, Pages 7 and 8 of the Public Records of Miami-Dade County,Florida;
thence North along the west line Indian Creek Drive to the intersection of said West Line and the North Line of said
Lot 13 projected Westerly,thence West parallel to the North Line of Seventh Street(now known as 31st Street)along
the North Line of said Lot 13 projected Westerly to the waters of Indian Creek, thence South along the waters of
Indian Creek to the North line of Seventh Street (now known as 31st Street) thence East along the North Line of
Seventh Street(now known as 31st Street)to the Point of Beginning,being the premises adjacent to said Lots 13 and
14 of Block 16 above described,situated between Indian Creek Drive and Indian Creek.
Also known as Commercial Unit 1 under the Declaration of Condominium of South Beach Bayside Condominium I,
recorded in O.R.Book 16422,Page 1258 as amended.
2. The above described property is free and clear of all liens,taxes, encumbrances and claims of every kind, nature and
description of record whatsoever,except for mortgage or mortgages, if any,described in the Deed and except for real
estate and personal property taxes for the year 2017,which are not yet due and payable.
3. There have been no improvements,alterations,or repairs since acquisition by the Seller to the above described property
for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or
improving the same,which remain unpaid since the acquisition by Seller,and that there are no mechanic's,materialmen's,
or laborer's liens since acquisition by Seller against the above described property.
4. There have been no documents recorded in the Public Records of Miami-Dade County, Florida subsequent to
February 26, 2017, which affect title to the Property and Seller has not entered into any contracts for the sale,
disposition or leasing of the Property since said date except as may have been disclosed to SUZANNE A.DOCKERTY,
P.A.in writing,and Seller has no knowledge of any matter affecting title to the Property.
5. The personal property contained in the buikling on said property,or on the said premises,and which,if any,is being sold
free and clear of all liens, encumbrances, claims and demands whatsoever. The Seller knows of no violations of
Municipal or County Ordinances pertaining to the above described property.No judgment or decree has been entered in
any court in this State or the United States against said Seller which remains unsatisfied.There are no persons other than
Seller in possession of the above described property.
6. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used in
making the prorations used in closing the transfer and conveyance of the above described property to said buyers,then a
new proration and a correct and proper adjustment will be made upon demand.
7. There are no matters pending against the Seller that could give rise to a lien that would attach to the property between the
effective date of commitment and the recording of the interest to be insured. Seller has not and will not execute any
instruments that would adversely affect the interest to be insured.
8. Seller's title to,and possession and enjoyment of,the property have been open,notorious,peaceable and undisturbed,and
have never been disputed nor questioned.
9. There are no disputes concerning the boundary lines of the property,and the operation of any buildings on said property
has been in compliance with the applicable building codes,ordinances and statutes.
File Number:247174-7 DoubleTimee
10. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable
zoning laws concerning said property within the past ninety(90)days.
11. There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party,including
but not limited to,proceedings in bankruptcy,receivership or insolvency,nor are there any judgments,bankruptcies,liens
or executions of any nature which constitute or could constitute a charge or lien upon said property.
12. There are no unrecorded easements,claims of easement or rights-of-way affecting all or any portion of the property.
13. Association presently has sufficient funds in reserve to pay for the improvements made or to be made pursuant to the
Notice of Commencements recorded at O.R.30088,Page 4378 and 30753,Page 154,OR that the unit-owners have been
assessed for said improvements and the assessment for the unit to be insured has been paid,OR that all improvements
made under the specified notice of commencement have been paid for in full.
14. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property
interest must withhold tax if the Seller is a foreign person.To inform the Buyer that withholding of tax is not required
upon purchase of the above described property,Seller certifies the following:
a. Seller is not a nonresident alien individual,foreign corporation,foreign partnership,foreign trust or foreign estate for
purposes of United States federal income taxation.
b. Seller's U.S.Taxpayer Identification Number is 65-0596179.
c. Seller's address is:Lynx Property Services,12485 SW 137 Ave,Suite 309,Miami,FL 33186.
d. No other persons or entities have an ownership interest in the above described property.
Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with
the United States Foreign Investment in Real Property Tax Act.(FIRPTA).Seller understands this certification may be
disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be
punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on
behalf of an entity Seller.Under penalties of perjury,Seller states that this declaration was carefully read and is true and
correct.
15. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced
property and, for the purpose of inducing SUZANNE A. DOCKERTY, P.A. and Old Republic National Title
Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are
relying upon the statements set forth herein.Seller hereby holds SUZANNE A. DOCKERTY, P.A.and Old Republic
National Title Insurance Company harmless and fully indemnifies same(including but not limited to attorneys' fees,
whether suit be brought or not, and at trial and all appellate levels,and court costs and other litigation expenses)with
respect to the matters set forth herein."Affiant","Seller"and"Buyer"include singular or plural as context so requires or
admits. Seller further states that he/she is familiar with the nature of an oath and with the penalties as provided by the
laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature.
Seller further certifies that he/she has read,or heard read,the full facts of this Affidavit and understands its context.
Under penalties of perjury,I declare that 1 have read the foregoing Affidavit and that the facts stated in it are true.
South Beach Bayside Condominium Association 1,Inc.
, 110
By: ii,.
.1•el ohen,President
(Corporate Seal)
Closing Rf davii(Seller)-Page 2
File Number:247174-7 DoubleTimeo
•
State of Florida
County of Miami-Dade r�
I'
The foregoing instrument was sworn to and subscribed before me this q day of March,2017 by Joel Cohen,President of
South Beach Bayside Condominium Association I,Inc.,on behalf of the co
'ration. He/she LJ is personally known to me
or[X]has produced a driver's license as identification.
[Notary Seal] Notary ' blic
Printed Name: R-- `'
My Commission Expires:
* oe( ROBERT H.YAFFE
* _ * MY COMMISSION#FF 997410
u, 'uu Q EXPIRES:July 26,2020
4,o►t>. WM NI budget NMI Semen
Closing davi!(Yelled-Page 3
file
Number:241174-7 DoubteTlmem
CORPORATE RESOLUTION OF
SOUTH BEACH BAYSIDE CONDOMINIUM ASSOCIATION I, INC.,
A FLORIDA NOT FOR PROFIT CORPORATION
The undersigned certifies that at a meeting of all of the directors of South Beach Bayside
Condominium Association I, Inc., a Florida not for profit corporation held on March
, 2017, the following resolution was duly adopted and voted, and it is in full force and
effect and has not been rescinded or countermanded as of the date hereof:
RESOLVED, that Joel Cohen, as President of South Beach Bayside Condominium
Association I, Inc., a Florida not for profit corporation is hereby authorized and directed to execute
and deliver any and all such instruments, agreements, deed, and such other documents and take such
other action on behalf of South Beach Bayside Condominium Association I, Inc.as may be necessary
or appropriate to close on the conveyance of a portion of 3101 Indian Creek Drive, Miami Beach, FL
33140 and easement all as described in the Quit Claim Deed and Easement Agreement attached hereto
and made a part hereof, and to otherwise carry out the transaction contemplated by or to be taken by
South Beach Bayside Condominium Association I, Inc. All documents shall be in such form as is
deemed in the best interest of South Beach Bayside Condominium Association I, Inc. in the opinion
of Joel Cohen,whose determination thereof shall be conclusive and final.
FURTHER RESOLVED, That the Conveyance described herein does not constitute all or
substantially all of the assets of South Beach Bayside Condominium Association I,Inc.
1
CERTIFIED TO this 1 day ofd 2017.
South Beach Bayside Condominium
Association I,Inc.,a Florida not for profit
corpor tion
&11/0`-- 14,R2 -) ey: fWitness%• e: 3hctr,r� 14c4? Joe Cohen,President
1
Witness Name: e U --