Easement Agreement with MAYIM-VIEW CONDOMINIUM CORP. LU t 1- -'1 7�i y
This Instrument Prepared
by and return to:
Raul J. Aguila, City Attorney
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
A portion of Folio No.: 02-3226-005-0001
SPACE ABOVE THIS LINE FOR PROCESSING DATA
Easement Agreement
This Easement Agreement is made this Z 2clay of O iia rl , 2019, 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 MAYIM-VIEW CONDOMINIUM
CORP., a Florida not for profit corporation, as successor in interest to WATERVIEW
CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, whose address is
3605 Indian Creek Drive, Miami Beach, FL 33140 (the "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 21
and the South line of Lot 20 extended to Indian Creek, in Block 26, Ocean Front
Property of the Miami Beach Improvement Company, according to the map or
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:
Lots 20 and 21, Block 26, Ocean Front Property of the Miami Beach
Improvement Company, according to the map or plat thereof as recorded in Plat
Book 5, Page 7 of the Public Records of Miami-Dade County, Florida.
[Waterview Condominium Apartments, a Condominium, according to the
Declaration of Condominium Recorded in O.R. Book 9250, Page 1111, and all
exhibits and amendments thereto, 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
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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 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, and shall be
responsible for reimbursing the City for any costs associated with the maintenance,
repair or replacement of the seawall or bulkhead. 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.
6. 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.
7. 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.
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8. 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.
9. 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.
10. 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.
11. 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:
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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.
12. 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: Lawrence Frisch, President
Mayim-View Condominium Corp.
3605 Indian Creek Drive, #403
Miami Beach, Florida 33140
With a copy to: Charles Z. Kalchman, Esq.
17071 W. Dixie Highway
North Miami Beach, Florida 33160
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.
13. 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.
14. 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
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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.
15. 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.
16. 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.
17. 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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Signed, witnessed, executed and acknowledged this ?i(�day of SF iAr/jt7._., 2019.
Signed, sealed and delivered
in the presence of: MAYIM-VIEW CONDOMINIUM CORP., a Florida
not for profit corporation, as successor in interest to
WATERVIEW CONDOMINIUM ASSOCIATION,
INC., a Florida not for profit corporation
Witnesses:
By:
cry LV 04-fr � Lawrence ch, President
Print ame:
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#4-14C-AfL L t s L e.1f atif .J
Print Name:
•
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 2-6..�ay of
St afh X2019 Lawrence Frisch, President of MAYIM-VIEW CONDOMINIUM CORP.,
a Florida not for profit corporation, as successor in interest to WATERVIEW CONDOMINIUM
ASSOCIATION, INC., a Florida not for profit corporation, [ ] who is personally known to me or
[ ho has produced F i-a 4 14 c . • L • as identification.
• C___(..._ Com_
My Commission Expires: Notary Public, State of 'F.4.4 q#{—
P�ptr!lg
CHARLES Z.KALCHMAN
I.
1,7W4*:
�+�, Notary Public-State of Florida
Commission 8 GG 129758
'01 0"/ My Comm.Expires Sep 22,2021
„;; Bonded through National Notary Assn
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Signed, witnessed, executed and acknowledged this 2z day of &Zci,4 , 2019.
Signed, sealed and delivered
in the presence of: City of Miami Beach,
a Florida municipal corporation
Witnesses:
L.,, . _
,\,,,,.,,,k,-,__ _„ ,,,,,_ ,, By:
( Jimmy _. Mora es' City Manager
prin Na e.
I i;\ - Attest: �`v�\ 8 b,,,,
- ��:\ ? Cc_l ul � . , •�� �,
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Print Name: Rafael E. Granado, Clerk J }�' Y.�,
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,i ,.INOORP( `ORAiEL Y'
v.STATE OF FLORIDA ) ��n� g; Uj
) ss: ?' 1 O��,..
COUNTY OF MIAMI-DADE ) (`: "?' ,{
The foregoing instrument was acknowledged before me this ,202 day of
OcI b" - ' , 2019 by Jimmy L. Morales and Rafael E. Granado, as City Manager and City
Clerk, respectively, of the City of Miami Beach, a Florida municipal corporation, who are
personally known to me or who have produced as identification.
,- - --,2- .
My Commission Expires: Notary Public, State of Florida
s'�-*a,'` ', my cOMMISSION#GG 230433
ll EXPIRES:August 27,2022
'"''".A. Uneervrtiten
� Public'grEp'�,O•' gamed Ttln�NAY
APPROVED AS TO
• FORM & LANGUAGE
: Fe EX CLITION
Easement 9-2019
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