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Memorandum Re: Indian Creek Flooding Mitigation Project - Closing Package (3) (9017-a97 (19 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov OFFICE OF THE CITY ATTORNEY Tel:305-673-7000 Ext 6955 MEMORANDUM Date: August 7, 2019 To: Rafael E. Granado, City Clerk From: Gisela Nanson Torres, Senior Assistant City Attorney Ext. 26955/Fax: 305-673-7002/giselatorresna miamibeachfl.gov Re: Indian Creek Flooding Mitigation Project — Closing Package Folio No. 02-3226-017-0005 Dear Clerk, Attached please find the following closing documents in connection with the above referenced transaction: 1. Property Appraiser Information; 2. Cover sheet from closing agent; 3. Original Closing Statement; 4. Original title policy; 5. Original Recorded Deed, Easement and Partial Release; 6. Copy of Closing Affidavit; and 7. Copy of Corporate Resolution. Be r gards, CI r, z, yeit, gioeta Nano gamedk' MIAMIBEACH Gisela Nanson Torres, Senior Assistant City Attorney _ 47 Tel: 305-673-7000 Ext.6955/aiselatorreSCcC�miamibeachfl.gov I A ,c.a- 1 Property Search Application- Miami-Dade County Page 1 of 1 `.,qi . OFFICE THE PROPERTY A Summary Report Generated On:8/5/2019 Property Information t. `� Folio: 02-3226-017-0005 4 , l .1P' Property Address: f ^0; , ,. Owner CITY OF MIAMI BEACH y' `,' ' 1700 CONVENTION CENTER DR I Mailing Address MIAMI BEACH, FL 33139 • A • PA Primary Zone 9701 RECREATIONAL �`j ^ Primary Land Use 8080 VACANT GOVERNMENTAL f� VACANT LAND-GOVERNMENTAL r Beds/Baths/Half 0/0/0 it / Floors 0 ' r Living Units 0 % / \ �. Actual Area 0 Sq.Ft �� .r 0, Living Area 0 Sq.Ft 1 416 Aerial Photogra•hy 1,0ft .. Adjusted Area 0 Sq.Ft . r - Lot Size 1,331 Sq.Ft Taxable Value Information Year Built 0 2019 2018 2017 Assessment Information County Year 2019 2018 2017 Exemption Value $13,310 Land Value $13,310 Taxable Value $0 Building Value $0 School Board XF Value $0 Exemption Value $13,310 Taxable Value $0 Market Value $13,310 City Assessed Value $13,310 Exemption Value $13,310 Benefits Information Taxable Value $0 Benefit Type 2019 2018 2017 Regional Municipal Exemption $13,310 Exemption Value $13,310 Note:Not all benefits are applicable to all Taxable Values(i.e.County, Taxable Value $0 School Board,City, Regional). Sales Information Short Legal Description Previous OR Book- Price Qualification Description LA FLEURETTE CONDO Sale Page MIAMI BEACH IMPROVEMENT CO SUB 12/14/2017 $100 30911-0041 Corrective,tax or QCD;min PB 5-8 consideration STRIP OF LAND LYG W OF INDIAN CREEK DR BETWEEN N/L OF LOT 17 The Office of the Property Appraiser is continually editing and updating the tax roll.This website may not reflect the most current information on record.The Property Appraiser and Miami-Dade County assumes no liability,see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Version: https://www8.miamidade.gov/Apps/PA/propertysearch/ 8/5/2019 Suzanne A. Dockerty, P.A. ATTORNEY AT LAW 110 Merrick Way Suite 3-B Coral Gables, Florida 33134 Suzanne A. Dockerty Telephone (305)443-9162 Telefax(305)443-9155 May 7, 2018 Gisela Nanson Torres, Senior Assistant City Attorney Office of the City Attorney 1700 Convention Center Drive, Fourth Floor Miami Beach, FL 33139 Our Client File: Our File No. 247174-13; 247174-35; and 247174-36 Grantor: Riverview Villas of South Beach Condominium Association, Inc.; Coinco Investment Company, Inc.; and La Fleurette Condominium Grantee: City of Miami Beach Property: 3801 Indian Creek, Miami Beach, FL 4001 Indian Creek Drive, Miami Beach, FL --< 4015 Indian Creek Drive, Miami Beach, FL 7 rn Dear Gisela: -0 < rn Enclosed are the following documents for the above transaction. c.? c 1. Recorded Easement Agreement (Riverview Villas) 2. Recorded Quit Claim Deed, Easement Agreement and Partial Release of Mortgage (Coinco Investment) 3. Recorded Quit Claim Deed and Easement Agreement(La Fleurette) 4. Old Republic National Title Insurance Company Owner's Policies for each. Please contact me if you have any questions or comments of if I may be of further service to you. V truly yours, I \r"--- Id.' a Fernandez, Legal Assistant Su.anne A. Dockerty Enclosures: (American Land Title Association-Owner's Policy Adopted 6/17/2006)(With Florida Modifications) OWNER'S POLICY OF TITLE INSURANCE OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY • • Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Florida corporation(the"Company") insures, as of Date of Policy, against loss or damage,not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title.This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified,expired,or otherwise invalid power of attorney; (vi) document not properly filed,recorded,or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid. (c) Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land.The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; (c) the subdivision of land;or (d) environmental protection if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. (Covered Risks continued) In Witness Whereof,OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A,the policy to become valid when countersigned by an authorized signatory of the Company. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South,Minneapolis,Minnesota 55401 (6121371-1111 * * * President * * * Attest ( Secretary, SERIAL OF6-8554179 FORM OF6(rev.12/10)(With Florida Modifications) Page 1 of 5 File Number: 247174-36 DoubleTime®8.0 Old Republic National Title Insurance Company OWNER'S POLICY Schedule A Policy No.: Date of Policy: Agent's File Reference: 0F6-8554179 March 26,2018 @ 03:56 PM 247174-36 Amount of Insurance: $80,000.00 Premium: $460.00 Address Reference: 4015 Indian Creek Drive,Miami Beach,FL 33140 1. Name of Insured:City of Miami Beach,a Florida municipal corporation 2. The estate or interest in the Land that is insured by this policy is: Fee Simple as shown by instrument recorded as Document No. 2018R0177145 in Official Records Book 30911, Page 41, of the Public Records of Miami-Dade County, Florida. 3. Title is vested in: City of Miami Beach,a Florida municipal corporation 4. The Land referred to in this policy is described as follows: A strip of land lying West of Indian Creek Drive between the North line of Lot 17 and South line of Lot 17 extended to Indian Creek, in Block 34, Ocean Front Property of the Miami Beach Improvement Company, according to the map of plat thereof as recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County,Florida Old Republic National Title Insurance Company 400 Second Avenue South,Minneapolis,Minnesota 55401, (612)371-1111 Agent No.: 22264 Issuing Agent: SUZANNE A.DOCKERTY,P.A. 110 Merrick Way Suite 3-B , Coral Gables,FL 33134 Agent's Signature B:2012011S I'al;c I of 2 Form OF6-SCH.-A (rev. 12/10)(With Florida Modifications) DoubleTime®8.0 Old Republic National Title Insurance Company OWNER'S POLICY Schedule B • • Policy No.: Agent's File Reference: 0F6-8554179 247174-36 This policy does not insure against loss or damage,and the Company will not pay costs,attorneys'fees,or expenses that arise by reason of: 1. General or special taxes and assessments required to be paid in the year 2017 and subsequent years. 2. All matters contained on the Plat of Amended Map of The Ocean Front Property of the Miami Beach Improvement Company,as recorded in Plat Book 5,Page 7,Public Records of Miami-Dade County,Florida. 3. Rights of the United States of America and/or the State of Florida to any portion of said land which has been created by artificial means or has accreted to any such portion as so created. 4. Those portions of the property herein described being artificially filled in land in what was formerly navigable waters, are subject to the right of the United States Government arising by reason of the United States Government control over navigable waters in the interest of navigation and commerce. 5. The rights,if any,of the public to use as a public beach or recreation area any part of the land lying or formerly lying between the body of water abutting the subject property and the natural line of vegetation,bluff,extreme high-water line or other apparent boundary lines separating the publicly used area from the upland private area,as it may have existed prior to the construction,if any,of sea wall or bulkhead thereon. 6. This policy does not insure any portion of the insured parcel lying waterward of the mean-high water line of Indian Creek. 7. Perpetual non-exclusive easement of ingress and egress set forth in Easement Agreement between the City of Miami Beach and La Fleurette Condominium Association,Inc.,a Florida not for profit corporation,recorded on March 26, 2018,in O.R.Book 30911,Page 50,of the Public Records of Miami-Dade County,Florida. 8. Riparian and littoral rights are not insured. Page 2 of 2 Form OF6-SCH.-B(rev. 12/10)(With Florida Modifications) DoubleTime®8.0 • .(Covered Risks continued) 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws;or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records (i) to be timely,or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs,attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees, or expenses that arise by reason of: I. (a)Any law,ordinance,permit,or governmental regulation (including those relating to building and zoning)restricting,regulating,prohibiting, or relating to (i) the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii)the subdivision of land;or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a)a fraudulent conveyance or fraudulent transfer;or (b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1.DEFINITION OF TERMS The following terms when used in this policy mean: (a)"Amount of Insurance":The amount stated in Schedule A,as may be increased or decreased by endorsement to this policy,increased by Section 8(b),or decreased by Sections 10 and 11 of these Conditions. (b)"Date of Policy":The date designated as"Date of Policy"in Schedule A. (c)"Entity":A corporation,partnership,trust,limited liability company,or other similar legal entity. (d)"Insured":The Insured named in Schedule A. (i)the term"Insured"also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives,or next of kin; (B)successors to an Insured by dissolution,merger,consolidation,distribution,or reorganization; (C)successors to an Insured by its conversion to another kind of Entity; (D)a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1)if the stock,shares,memberships,or other equity interests of the grantee are wholly-owned by the named Insured, FORM OF6(rev.12/10)(With Florida Modifications) Page 2 of 5 • ' (2)if the grantee wholly owns the named Insured, (3)if the grantee is wholly-owned by an affiliated Entity of the named Insured,provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity,or (4)if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to(A),(B),(C),and(D)reserving,however,all rights and defenses as to any successor that the Company would have had against • 'any predecessor Insured. . (e)"Insured Claimant":An Insured claiming loss or damage. (0 "Knowledge" or"Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A,nor any right,title, interest,estate,or easement in abutting streets,roads,avenues,alleys, lanes,ways,or waterways,but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h)"Mortgage": Mortgage,deed of trust,trust deed,or other security instrument,including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters • relating to real property to purchasers for value and without Knowledge.With respect to Covered Risk 5(d),"Public Records"shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j)"Title":The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase,lease,or lend if there is a contractual condition requiring the delivery of marketable title. 2.CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured,but only so long as the Insured retains an estate or interest in the Land,or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured,or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title.This policy shall not continue in force in favor of any purchaser from the Insured of either(i)an estate or interest in the Land,or(ii)an obligation secured by a purchase money Mortgage given to the Insured. 3.NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,as insured,and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4.PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage,the Company may,at its option,require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance,or other matter insured against by this policy that constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage. 5.DEFENSE AND PROSECUTION OF ACTIONS (a)Upon written request by the Insured,and subject to the options contained in Section 7 of these Conditions,the Company,at its own cost and without unreasonable delay,shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured.This obligation is limited to only those stated causes of action alleging matters insured against by this policy.The Company shall have the right to select counsel of its choice(subject to the right of the Insured to object for reasonable cause)to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel.The Company will not pay any fees,costs,or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b)The Company shall have the right,in addition to the options contained in Section 7 of these Conditions,at its own cost,to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title,as insured,or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured.The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy.If the Company exercises its rights under this subsection,it must do so diligently. (c)Whenever the Company brings an action or asserts a defense as required or permitted by this policy,the Company may pursue the litigation to a final determination by a court of competent jurisdiction,and it expressly reserves the right,in its sole discretion,to appeal any adverse judgment or order. 6.DUTY OF INSURED CLAIMANT TO COOPERATE (a)In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,including the right to use,at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid(i)in securing evidence,obtaining witnesses,prosecuting or defending the action or proceeding,or effecting settlement,and(ii)in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. FORM OF6(rev. 12/10)(With Florida Modifications) Page 3 of 5 (b)The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination,inspection,and copying,at such reasonable times and places as may be designated by the authorized representative of the Company,all records, in whatever medium maintained, including books, ledgers,checks,memoranda,correspondence,reports,e-mails,disks,tapes, and videos whether bearing a date before or after Date of Policy,that reasonably pertain to the loss or damage.Further,if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine,inspect,and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage.All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection,unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this policy as to that claim. 7.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY In case of a claim under this policy,the Company shall have the following additional options: (a)To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option,all liability and obligations of the Company to the Insured under this policy,other than to make the payment required in this subsection,shall terminate,including any liability or obligation to defend,prosecute,or continue any litigation. (b)To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i)to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition,the Company will pay any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay;or (ii)to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy,together with any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections(b)(i)or(ii),the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend,prosecute,or continue any litigation. 8.DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i)the Amount of Insurance;or (ii)the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b)If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured, (i) the Amount of Insurance shall be increased by 10%,and (ii)the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c)In addition to the extent of liability under(a)and(b),the Company will also pay those costs,attorneys'fees,and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9.LIMITATION OF LIABILITY (a)If the Company establishes the Title,or removes the alleged defect,lien,or encumbrance,or cures the lack of a right of access to or from the Land,or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method,including litigation and the completion of any appeals,it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals,adverse to the Title,as insured. (c)The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. • 10.REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF LIABILITY All payments under this policy,except payments made for costs,attorneys'fees,and expenses,shall reduce the Amount of Insurance by the amount of the payment. 11.LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed,assumed,or taken subject,or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy. 12.PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions,the payment shall be made within 30 days. 13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a)Whenever the Company shall have settled and paid a claim under this policy,it shall be subrogated and entitled to the rights of the Insured Claimant FORM OF6(rev. 12/10)(With Florida Modifications) Page 4 of 5 in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property,to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies.The Insured Claimant shall permit the Company to sue,compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant,the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. . (b)The Company's right of subrogation includes the rights of the Insured to indemnities,guaranties,other policies of insurance,or bonds,notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14.ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of the controversy or claim.Arbitrable matters may include,but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy,and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys'fees only if the laws of the state in which the Land is located permit a court to award attorneys'fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s)may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15.LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company.In interpreting any provision of this policy,this policy shall be construed as a whole. (b)Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c)Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person,or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states,it does not(i)modify any of the terms and provisions of the policy,(ii)modify any prior endorsement,(iii)extend the Date of Policy,or(iv)increase the Amount of Insurance. 16.SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid,but all other provisions shall remain in full force and effect. 17.CHOICE OF LAW;FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation,rights,remedies,or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b)Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18.NOTICES,WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South,Minneapolis,Minnesota 55401-2499,Phone:(612)371-1111. FORM OF6(rev. 12/10)(With Florida Modifications) Page 5 of 5 cn OCr)qi NN * ,111111. * 1.0 Z E < y 1: o* * 9 n 0 et �cQ * iv : o o n Q 111111111111111111111111111 hill 11111 illi Jill G Ft's 201 8801 7-7 OR BK, 30911 F'Ss 41--49 (9F'9s) This instrument was prepared by and after RECORDED 03/26/201 15:56:50 DEED ;56:50rDEED DOC TAX $0.60 recording should be returned to: SURTAX $0.45 HARVEY RUVIW, CLERf, OF COURT Raul J. Aguila, City Attorney 11IAMI-DADE COUNTY, FLORIDA City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 A portion of Folio No.: 02-3226-017-0001 (Reserved for Clerk of Court) QUIT-CLAIM DEED AND EASEMENT AGREEMENT THIS QUIT-CLAIM DEED, made as of this j'.,c/ of bct-, 2017 (the Effective Date), LA FLEURETTE CONDOMINIUM ASSObeCeill CIATION, INC., a Florida not for profit corporation, whose address is P.O. Box 403026, Miami Beach, FL 33140 ("First Party"), to the City of Miami Beach, Florida, 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 remise, release, and quitclaim 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 such seawall, as authorized pursuant to City of Miami Beach Resolution No. 2016-29584. 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: A strip of land lying West of Indian Creek Drive between the North line of Lot 17 and South line of Lot 17 extended to Indian Creek, in Block 34, Ocean Front Property of the Miami Beach Improvement Company, according to the map of plat thereof as recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County, Florida. 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 contingent, perpetual, non-exclusive easement of ingress and egress upon, over, and across the Property, specifically for the benefit of First Party's property (as defined in the Easement Agreement), pursuant to the 1 terms and conditions set forth in the Easement Agreement, incorporated herein by reference and attached hereto as Exhibit "A." 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: LA FLEURETTE CONDOMINIUM ASSOCIATION, INC., a Florida no , pro it corporation Witnesses: By: firillaIA-A111106mal- Carlos Diaz, Pres'.- (V r oil ( (a v Print la yr , ti-� ► 6(0'17 dt..e Print Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) � The foregoing instrument was acknowledged before me this II/ day of C€onMe r , 2017, Carlos Diaz as President, on behalf of LA FLEURETTE CONDOMINIUM ASSOCIATION, INC, a Florida not for profit corporation, who is personally known to me or who has produced/i.br Lir.D2-00-16 i- 13.3yi-cas identification. My Commission Expires: Notary blic, St a of Florida LYNN W.BERNSTEIN T .= MY COMMISSION#GG 136559 4'to`5 EXPIRES:September 25,2021 °' Bonded Thru Notary Public Underwriters.1 2 Exhibit "A" Easement Agreement This This Easement Agreement is made this /lday of rAcC/ati^, 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 LA FLEURETTE CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, whose address is P.O. Box 403026, Miami Beach, FL 33140 ("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: A strip of land lying West of Indian Creek Drive between the North line of Lot 17 and South line of Lot 17 extended to Indian Creek, in Block 34, Ocean Front Property of the Miami Beach Improvement Company, according to the map of plat thereof as recorded in Plat Book 5, Page 7, 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 17, Block 34, 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 Dade County, Florida. Also Known As: La Fleurette Condominium according to the Declaration of Condominium recorded in O.R. Book 11126, Page 1996, 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 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. 3 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 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 (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, including the seawall or bulkhead, in accordance with the Permits and applicable Laws. 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. 4 6. Substitute Performance. Should Company fail to maintain the Easement Area 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. 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. 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 5 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 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: La Fleurette Condominium Association, Inc. P.O. Box 403026 Miami Beach, FL 33140 6 With a copy to: 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 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] 7 Signed, witnessed, executed and acknowledged this Y day of Ac-,,th,r, , 2017. Signed, sealed and delivered in the presence of: La Fleurette Condominium Association, Inc., a Florida corporation Witnesses: M' I NO •R rTION B Carlos Diaz, Pres'. -• —� � Print Nia C a >j x,,11 ,erj4h PIE Print Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this /I day of , 2017 by Carlos Diaz, as President, on behalf of La Fleurette Condominium Association, Inc., Florida corporation, [ ] who is personally known to me or [ ] who has produced 1-2: b?- ) -1al-V4 'U as identification. 7.2 My Commission Expires: Notary Pbblic, Stat of Florida ::uti, LYNN W.BERNSTEIN MY COMMISSION#GG 136559 EXPIRES:September 25,2021 OF F,;°P' Bonded Thru Notary Public Underwriters 8 CSR BK 30911 PG 49 LAST PAGE 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: EXHIBIT SAMPLE NOT FOR EXECUTION By: Jimmy L. Morales, City Manager Print Name: Attest: EXHIBIT SAMPLE NOT FOR EXECUTION Print Name: Rafael E. Granada, Clerk STATE OF FLORIDA ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 2017 by Jimmy L. Morales and Rafael E. Granada, 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 Atorg/closings/Indian Creek Closings/Deed Template/Quit Claim Deed with Reservation of Easement 9-5-2017 9 () Or77- ,2 7(/7 111111111111111111111111111111111111111111111 This instrument was prepared by and after =Fh1 ' 'O1uF;0177146 OR EK. 30911 P9s 50-56 (7P9s) recording should be returned to: RECORDED 03/26/2018 15:56:50 DEED DOC TAX $0.60 SURTAX $0.45 Raul J. Aguila, City Attorney HARVEY RUVIN, CLERK OF COURT City of Miami Beach, Florida IIIANI-DARE COUNTY, FLORIDA 1700 Convention Center Drive Miami Beach, Florida 33139 A portion of Folio No.: 02-3226-017-0001 (Reserved for Clerk of Court) EASEMENT AGREEMENT This Easement Agreement is made this, 29 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 LA FLEURETTE CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, whose address is P.O. Box 403026, Miami Beach, FL 33140 ("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: A strip of land lying West of Indian Creek Drive between the North line of Lot 17 and South line of Lot 17 extended to Indian Creek, in Block 34, Ocean Front Property of the Miami Beach Improvement Company, according to the map of plat thereof as recorded in Plat Book 5, Page 7, 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 17, Block 34, 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 Dade County, Florida. Also Known As: La Fleurette Condominium according to the Declaration of Condominium recorded in O.R. Book 11126, Page 1996, 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 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 1 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 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 (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 2 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, including the seawall or bulkhead, in accordance with the Permits and applicable Laws. 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 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. 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 3 use of the Easement Area, the construction operation or maintenance of Marine Improvements, or the operation of Marine Related Uses. 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 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: 4 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: La Fleurette Condominium Association, Inc. P.O. Box 403026 Miami Beach, FL 33140 With a copy to: 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 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] 5 Signed, witnessed, executed and acknowledged this /11 day of ; L , 2017. Signed, sealed and delivered in the presence of: La Fleurette Condominium Association, Inc., a Florida corporation Witnesses: 111146.. I�`/2 (u-�.. `- - By: - _ / Carlos IIaz, 'resident .411.11P lga.ryart IA, rvid-(-td Print Ka -• J�LrS,E 7v / I ex 6 Ie? Print Name: STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this /I day of , 2017 by Carlos Diaz, as President, on behalf of La Fleurette Condominium Association Inc. a Florida corporation, [ ] who is personally known to me or [ ] who has produced/ ,Lic/�2op-lift-y3 3//.0 as identification. Gj My Commission Expires: Notary Public, Sta ofFlorida LYNN W.BERNSTEIN MY COMMISSION#GG 136559 1 :,,ro'.77;:;= EXPIRES:September 25,2021 • ,,,,,,,, Bonded Thru Notary Public Underwriters I 6 OR BK 30911 PG 58 LAST PAGE Signed, witnessed, executed and acknowledged this 29 day of January , 2018. Signed, sealed and delivered in the presence of: City of Miami Beach, a Florida unicipal c• •oration Witnesses: /r By: 1�Ag►- Jimm 11_. r•te s City Manager _ Prin 44,1 e: %i ' ��►.�L'. Attest: ILO AOOMIL Print Name: Raf-v, � 'i,•• rt aar ATS: * �:tP�CORP OR ; STATE OF FLORIDA ) *466'9 •' '��' ss: look 26' • COUNTY OF MIAMI-DADE ) �f The foregoing instrument was acknowledged before me this 2 day of JOINua.7 , 2011 by Jimmy L. Morales and Rafael E. Granado, as City Manager and City Clerk, r •- ' - pf th- City of Miami Beach, a Florida municipal corporation, who are - sonally known to I - • who have produced as identification. My Commission Expires: N tary Public, State of Florida LIUA CARDILL0 4?. a MY COMMISSION w FF 155322 �., EXPIRES:August 27,2018 �. Bonded Thru Notary Public lMde^Mrken APPROVED AS TO FOR► • LANGUAGE ��,; EXECUTION 7 Easement-10-2-2017 City Attorney e Settlement Statement Grantee: City of Miami Beach,a Florida municipal corporation 1700 Convention Center Drive,4th Floor,Miami Beach,Florida 33139 Grantor: La Fleurette Condominium Association,Inc.,a Florida not for profit corporation P.O.Box 403026,Miami Beach,FL 33140 Property Location: 4015 Indian Creek Drive,Miami Beach,Florida 33140(See Exhibit A attached) Date: January 29, 2018 Settlement Agent: Suzanne A.Dockerty,P.A. 110 Merrick Way,Suite 3B,Coral Gables,Florida 33134 Consideration Amount$10.00 Grantee Settlement Fees: Title Search Reports and Updates(POC$250) $0 Title Insurance Premium($80,000): $460.00 Settlement Fee:(POC $500) $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 Certified Copies: $ 25.00 Wire Transfer Fee/FedEx: $ 100.00 Total Grantee Settlement Fees: $1,226.10 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 . i Beach,a irida municipal corporation By: `- Print Nam: I itle: Approve, o fo and : guage for Execution By: MN, Are' City .:: 0,4 Exhibit"A" Legal Description A strip of land lying West of Indian Creek Drive between the North line of Lot 17 and South line of Lot 17 extended to Indian Creek, in Block 34, Ocean Front Property of the Miami Beach Improvement Company, according to the map of plat thereof as recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County,Florida. A portion of Folio Number: 02-3226-017-0001 Closing Affidavit (Grantor) 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. La Fleurette Condominium Association, Inc.,a Florida not for profit corporation ("Grantor"), is the owner of and is selling the following described property to City of Miami Beach,a Florida municipal corporation ("Grantee"), to wit: A strip of land lying West of Indian Creek Drive between the North line of Lot 17 and South line of Lot 17 extended to Indian Creek, in Block 34,Ocean Front Property of the Miami Beach Improvement Company, according to the map of plat thereof as recorded in Plat Book 5, Page 7, of the Public Records of Miami- Dade County,Florida 2. To the best of its knowledge, 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 Grantor 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 Grantor, and that there are no mechanic's, materialmen's,or laborer's liens since acquisition by Grantor against the above described property. 4. There have been no documents recorded in the Public Records of Miami-Dade County, Florida subsequent to September 25, 2017, which affect title to the Property and Grantor 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 Grantor has no knowledge of any matter affecting title to the Property. 5. The Grantor 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 Grantor which remains unsatisfied.There are no persons other than Grantor in possession of the above described property. 6. To the best of its knowledge, there are no matters pending against the Grantor 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. Grantor has not and will not execute any instruments that would adversely affect the interest to be insured. 7. Grantor's tide to, and possession and enjoyment of, the property have been open, notorious, peaceable and undisturbed, and have never been disputed nor questioned. 8. To the best of its knowledge, 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. 9. 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. 10. There are no actions or proceedings now pending in any State or Federal Court to which the Grantor 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. 11. There are no unrecorded easements,claims of easement or rights-of-way affecting all or any portion of the property. 12. Grantor understands that Section 1445 of the Internal Revenue Code provides that a Grantee of a United States real property interest must withhold tax if the Grantor is a foreign person.To inform the Grantee that withholding of tax is not required upon purchase of the above described property,Grantor certifies the following: FiI Nurtta.247774-30 DoubleTimea a. Grantor is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate for purposes of United States federal income taxation. b. Grantor's U.S.Taxpayer identification Number is 59-2087046. c. Grantor's address is: P.O.Box 403026,Miami Beach,FL 33140-1818. d. No other persons or entities have an ownership interest in the above described property. Grantor understands the Grantee 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). Grantor understands this certification may be disclosed to the Internal Revenue Service by the Grantee and that any false statements contained in this certification may be punished by fine, imprisonment or both. Grantor has the authority to sign this affidavit as either individual Grantor or on behalf of an entity Seller. Under penalties of perjury, Grantor states that this declaration was carefully read and is true and correct. 14. a. Grantor has obtained approval of the required number of the Condominium Unit owners authorizing the Board of Directors of the Association to convey the Property to the City. b. The Property does not constitute all or substantially all of the assets of the Grantor. c. Grantor is duly organized,validly existing,and in good standing under the laws of the State of Florida. d. The conveyance of the Property to the City does not violate any of the terms of the Grantor's articles of incorporation or bylaws. 15. This affidavit is given for the purpose of clearing any possible question or objection to the tide 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.Grantor 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","Grantor"and"Grantee"include singular or plural as context so requires or admits.Grantor 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. Grantor 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 I have read the foregoing Afftdttyit and that the facts stated in it are true. La Fl C'ondopiinium Assiciation, Inc.. a Florida not for .uf;c.,�r cilC Numbc:2471.."4.35 Doubler:me., 0 State of Florida A County of a-1e The foregoing instrument was sworn to and subscribed before me this ./y day of tC CCM-bet- 2017 by Carlos Diaz, Director of La Fleurette Condominium Association, Inc., on behalf of the corporation. He U is personally known to me or[ ]has produced a driver's license as identificatio f [Notary Seal] ,1 �� " `—~ Notary Public / """' ::: / r I ,'I/1 .(A � 5 I n Expires: '• •SOF j�OP' �.. Bonded Thu Notary Public Underrrhyrs Closing Affidavit(Seller)-Page 3 File Number.247174-36 DoubfeTime, CORPORATE RESOLUTION OF LA FLEURETTE CONDOMINIUM ASSOCIATION, INC.. A FLORIDA NOT FOR PROFIT CORPORATION The undersigned certifies that at a meeting of all of the directors of La Fleurette Condominium Association,Inc.,a Florida not for profit corporation held on,8th December,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: RESOL VED, that Carlos A. Diaz,as President of La Fleurette Condominium Association, 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 La Fleurette Condominium Association, Inc. as may be necessary or appropriate to close on the conveyance of a portion of 4015 Indian Creek Drive, Miami Beach, FL 33140 all as described in the Quit Claim Deed and that certain Easement Agreement attached hereto and made a part hereof,and to otherwise carry out the transaction contemplated by or to be taken by La Fleurette Condominium Association, Inc. All documents shall be in such form as is deemed in the best interest of La Fleurette Condominium Association, Inc. in the opinion of Carlos Diaz, whose determination thereof shall be conclusive and final. RESOLVED, that(i)Association has obtained approval of the required number of the Condominium Unit owners authorizing the Board of Directors of the Association to convey the Property to the City;(ii)The Property does not constitute all or substantially all of the assets of the Association; (iii)Association is duly organized, validly existing. and in good standing under the laws of the State of Florida;(iv)The conveyance of the Property to the City does not violate any of the terms of the Association's articles of incorporation or bylaws; (v) that the improvements to Indian Creek Drive be in substantial compliance with the preliminary plans provided to La Fleurette Condominium Association by the City of Miami Beach on , 2017; (vi)the conveyance of the property does not limits any previous rights in regards to restricting previous zoning rights,additional density or construction of marine facilities rights previously a part of the property as a result of this conveyance. FURTHER RESOLVED,that the Conveyance described herein does not constitute all or substantially all of the assets of La Fleurette Condominium Association, Inc. CERTIFIED TO this 8th day of December,2017. La Fleurette Condominium Association, Inc., a Florida not for profit corporation • Witness Name: ' k,Y'• v L __. • B . .-74.07bic /-7:6/t, r i 7-"•-• t (---/ cets'-._.,, ,""\ � !� � - Witness Name: ' „• ,4 ._. .____ _ .e....1; � - ',Arid CI C.c.s/.'L p ttoil Print Name: Carlos.A. Diaz Title: President