Easement Agreeement with Coinco Investment C0., Inc. 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.: 02-3226-001-1950 (Reserved for Clerk of Court)
EASEMENT AGREEMENT
This Easement Agreement is made this 23,day of January, 2018 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 COINCO INVESTMENT COMPANY,
INC., a Florida corporation, whose address is 844 SW 1st Street, Miami, FL 33130 ("Company")
(the City or Company may be referred to herein individually as a "party" or collectively as
"parties");
WHEREAS, the City owns that land, situate, lying and being in Miami-Dade County,
Florida ("City's Property") legally described as:
That certain strip of land on the Easterly side of Indian Creek, Westerly of the out-lot
which lies Westerly of Lot 16, in Block 34, of the Amended Map of The Ocean Front
Property of the Miami Beach Improvement Company, described as follows: Beginning on
a point on the Southerly line of 40th Street produced Westerly, said point being 106 feet
Westerly of the Easterly line of Indian Creek Drive measured along the said Southerly
line of 40th Street produced Westerly; thence run in a Northerly direction to a point on
the Northerly line of 42nd Street produced Westerly, said point being 132 feet Westerly
of the Easterly line of Indian Creek Drive measured along the said Northerly line of 42nd
Street produced Westerly. Bounded on the Southerly side by the Southerly line of said
Lot 16, in Block 34 produced Westerly to its intersection with the above described
Westerly boundary. Bounded on the Northerly side by the Northerly line of the said Lot
16, in Block 34, produced Westerly to its intersection with the above described Westerly
boundary. Bounded on the Easterly side by a line parallel to and 80 feet Westerly of the
Easterly line of Indian Creek Drive, said 80 feet being measured at right angles to the
Easterly line of Indian Creek Drive. As said Creek, Lot, Out-Lot, Streets and Drive are
shown on the Plat of the Amended Map of The Ocean Front Property of the Miami
Beach Improvement Company, according to the Plat thereof, as recorded in Plat Book 5,
at Pages 7 and 8, of the Public Records of Miami-Dade County, Florida.
WHEREAS, Company is the owner of that land, situate, lying and being in Miami-Dade
County, Florida ("Company's Property") legally described as:
Lot 16, Block 34, of the Amended Map of the Ocean Front Property of the Miami Beach
Improvement Company, according to the Plat thereof, recorded in Plat Book 5, Page 7,
of the Public Records of Miami-Dade County, Florida.
WHEREAS, in connection with the conveyance from Company to the City of City's
Property, the City agreed to grant a contingent, perpetual, non-exclusive easement for ingress
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and egress upon, over and across the City's Property, 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 to grant the contingent, perpetual, non-exclusive
easement granted herein pursuant to City of Miami Beach Resolution Number 2017-29749; and
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 with respect to
any or all matters pertaining to the administration of this Easement Agreement, except where
such authority has been expressly delegated herein to the City Commission.
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. Recitals. The above recitals are true and correct and are incorporated herein as part of
this Easement Agreement.
2. Grant of Easement. The City does hereby grant to Company, its successors and
assigns, a contingent, perpetual, non-exclusive easement for ingress and egress upon
over, and across the City's Property, including but not limited to over and across any
seawall and/or bulkhead, for the benefit of the Company's Property, as may be required
under applicable laws and any governmental authority (including the Board of Trustees
of the Internal Improvement Fund of the State of Florida) having jurisdiction over the
City's Property or the sovereign lands located adjacent thereto, to construct, operate and
maintain Marine Improvements (as defined in Section 4) in connection with Marine
Related Uses, and subject to the terms and conditions set forth herein. The easement
rights created herein shall be subject to and contingent upon the City's approval of a
Marine Improvement. Company shall pay any assessments of any kind levied or
assessed upon the City's Property (including ad valorem taxes) by reason of this
Easement Agreement including, without limitation, the Marine Improvements
constructed, operated or maintained by Company and/or the Marine Related Uses
operated by Company.
3. Marine Related Uses. 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 adjacent to the City's Property known as Indian Creek.
4. Marine Improvements. Company will have the right to construct, operate, and maintain,
at its sole cost and expense, improvements in connection with any Marine Related Uses
(the "Marine Improvements"). All Marine Improvements, including any plans and
specifications (the "Approved Plans") for the work related thereto, 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
Agreement (including payment of any invoices issued pursuant to Section 6 herein); and
(2) the proposed Marine Improvements: (i) do not interfere with the use of the City's
Property for a public purpose; (ii) do not pose a public health, safety or welfare risk; or
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(iii) do not pose a risk of damage to the improvements on the City's Property, which City
improvements may include, but are not limited to, the seawall/retaining wall or utilities.
5. Governmental Approvals. Notwithstanding the City's approval of any Marine
Improvements, in its proprietary capacity, Company shall secure and comply with all
governmental permits and approvals (the "Permits") which may be required in
connection with the installation of the approved Marine Improvements including, without
limitation, all applicable regulations of the Federal, State, County, City of Miami Beach
Code of Ordinances, and any other regulation governing the Marine Related Uses
(collectively, "Laws"). The City shall not unreasonably withhold any approval that may
be required by Federal, State or County agencies or similar third parties for the
installation of the approved Marine Improvements. Company shall install the approved
Marine Improvements in accordance with the Approved Plans and Permits. Following
completion of the Marine Improvements, Company, at its sole cost and expense, shall
have the sole responsibility for maintaining, repairing or replacing the Marine
Improvements, in accordance with the Permits and applicable Laws. Additionally,
Company shall be responsible for repairing any damage to the seawall or bulkhead
which is caused by Company. Company shall provide the same level of maintenance for
the Easement Area and Marine Improvements contained thereon in the same manner as
the City provides for similar areas and improvements. At minimum, the approved Marine
Improvements shall be maintained and operated in a safe, clean and orderly manner.
6. Substitute Performance. Should Company fail to maintain the Easement Area to the
extent required herein or the Marine Improvements contained thereon, or otherwise
comply with any of the terms of this Easement Agreement, then, upon receipt of thirty
(30) days written notice from the City, and Company's failure to remedy the condition to
the City Manager's satisfaction, the City may, but without an obligation to do so,
undertake Company's obligations hereunder. 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. Easement Area. 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 access to the Marine Improvements or in connection with the operation
of the Marine Related Uses. Upon the City approving the Marine Improvements, the
parties shall execute an amendment to this Easement Agreement, attaching a sketch of
the Marine Improvements and the legal description of the easement area ("Easement
Area"), describing the location of the Marine Improvements.
8. Access. Company's right to access the City's Property under this Easement Agreement
shall be subject to and contingent upon the City's approval of a Marine Improvement in
accordance with Section 4. 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 seawall/retaining wall, or as may be necessary for the
health, safety, or welfare of the general public.
9. Amendment. This Easement Agreement may only be modified, amended, or released,
by a written instrument executed by both parties hereto or their successors or assigns,
and providing that same has been approved by the City Commission.
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10. Inspection. 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. Indemnification. 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 negligent or wrongful act or omission of the Indemnifying Parties, the
use of the Easement Area, the construction operation or maintenance of Marine
Improvements, or the operation of Marine Related Uses, unless caused by the gross
negligence or willful misconduct of the City.
12. Insurance.
a. Construction Insurance. In connection with the approval of any Marine Improvements
by the City, Company shall purchase insurance, as may be requested by the City
Manager, based upon insurance coverages customary for the construction of the
approved Marine Improvements, which may include, without limitation, Builder's Risk
insurance; Payment and Performance Bond for the value of the construction of the
Marine Improvements and Commercial General Liability insurance for Company and
any contractor, reflecting the City as an additional insured (collectively "Construction
Insurance").
b. Upon completion of the initial approved Marine Improvements, Company shall
secure and thereafter maintain, at all times, insurance covering the use of the
easements, the Easement Area and all completed Marine Improvements, as may
be requested by the City Manager, based upon insurance coverages customary for
the completed Marine Improvements, 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
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The City reserves the right to modify the insurance requirements, in the City Manager's
reasonable discretion, based upon any change in the type or number of Marine
Improvements constructed or type of Marine Related Uses.
13. Notices. Any notices required or permitted to be given under this Easement Agreement
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 33139
Attention: City Manager
With a copy to: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Attorney
If to Grantee at: Jose F. Daccarett, President
Coinco Investment Company, Inc.
844 SW 1st Street
Miiav �(}_ ` emi, FL 33130 ,,
With a copy to: IMG . ` � G✓-), A
Notices personally delivered or sent by overnight courier, or mailed in accordance with
the foregoing shall be deemed given upon receipt. The terms of this Section shall
survive the termination of this Easement Agreement.
14. Remedies. 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. Governing Law. 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. 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
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contingent perpetual easements granted herein, and (ii) there are no lienholders on the
City's 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]
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Easement-10-2017
Signed, witnessed, executed and acknowledged this day of teriiei4621 , 2017.
Signed, sealed and delivered Coinco Investment Company, Inc., a Florida
in the presence of: corporation
i esses:
iffrI
_� _ Jose F. ":c -rett, President
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STATE OF FLORIDA
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COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this /7,Z"day of
(et(1(\ r", 2017 by Jose F. Daccare , as President, on behalf of Coinco Investment
Company, Inc., a Florida corporation, [ o is personally known to me •r who has produced
as identification. 1
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Easement-10-2017
Signed, witnessed, executed and acknowledged this 23 day of January, 2018 , .
Signed, sealed and delivered
in the presence of: City of Mia i Beach,
a Florida nicipal c• poration
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G-isF'A- 'VrpJC� �e s Jimm Mor-les, City Manager
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STATE OF FLORIDA 1C; .'1.:-)-'',.,
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COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 23 day of
January, 2018 by Jimmy L. Morales and Rafael E. Granado, as City Manager and City
Clerk, res ectivel , of the City of Miami Beach, a Florida municipal corporation, who are
p onally known to me r who have produced as identification.
My Commission Expires: No ary Public, State of Florida
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FORM & LANGUAGE
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Easement-10-2017 ,T 11—
City Attorney Date