Indian Creek Flooding Mitigation Project - Closing Package 2® (9 Z914/
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: February 7, 2020
To: Rafael E. Granado, City Clerk
From: Gisela Nanson Torres, Senior Assistant City Attorney
Ext. 6955/Fax: 305-673-7002/giselatorres@miamibeachfl.gov
Re: Indian Creek Flooding Mitigation Project— Closing Package
Property Address: 2901 Indian Creek Drive, Miami Beach, FL 33140
Folio No. 02-3226-001-1182
2911 Indian Creek Drive, Miami Beach, FL 33140
Folio No. 02-3226-001-1172.
Dear Clerk,
Attached please find the following closing documents in connection with the above
referenced transaction:
1. Copy of the Closing Affidavit;
2. Copy of the Affidavit (Three Stones, LLC);
3. Copy of the Affidavit (29 ICD, LLC);
4. Original Partial Release of Mortgage;
5. Original Partial Release of Mortgage and Security Agreement;
6. Original Partial Release of Mortgage Agreement&Assignment of Leases & Rents;
7. Original Settlement Statement (2901 Indian Creek);
8. Original Title Policy (2901 Indian Creek);
9. Original Quit Claim Deed and Easement Agreement (2901 Indian Creek);
10. Original Settlement Statement(2911 Indian Creek);
11. Original Title Policy (2901 Indian Creek); and
12. Original Quit Claim Deed and Easement Agreement(2911 Indian Creek).
Best r rds, ice.
of 4i l .
gioeea Mattoon,B
MIAMIBEACH
Gisela Nanson Torres,Senior Assistant City Attorney
Tel:305-673-7000 Ext.6955/glselatorres mlamlbeachfl.goV
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:
I. 29 ICD,LLC,a Florida limited liability company ("Grantor"),is the owner of and has authority to convey the
following described property to City of Miami Beach,a Florida municipal corporation ("Grantee"),to wit:
MI the tract of land lying West of Indian Creek Drive,between the North line of said Lot 16 and the
South line of said Lot 17,Block 12,produced westerly to the waters of Indian Creek,as shown on the
AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, according to the plat thereof as recorded in Plat Book 5, Page 7,
Public Records of Miami-Dade County,Florida.
2. Except as disclosed to Grantee,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 2019,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 April
24,2019,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. To the best of Grantor's knowledge,no judgment or decree has been entered in any court in this State or the United
States against said Grantor which remains unsatisfied.There arc no persons other than Grantor in possession of the
above described property.
6. 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 title to,and possession and enjoyment of,the property have been open,notorious,peaceable and
undisturbed,and have never been disputed nor questioned.
8. 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.
9. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above
referenced property and, for the purpose of inducing SUZANNE A. DOCKERTY, P.A. and Old Republic
National Title Insurance Company to issue title insurance on the subject property,with the knowledge that said
title companies are relying upon the statements set forth herein.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.
Filc Number.247174-1I-lou 16 and 17 DoublaTimes
Under penalties of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
29 ICD,LLC,a Florida limited Habil' o ... y
By: Three Stot'
yBy: . Lf- ✓llCr%
Print Name: ilik. „( a
r
Title:,4"4 '51' /144971-P',J”
State of NEw y2K
County of We n11.5
The foregoing instrument was sworn to and subscribed before me this /3 day of TuI 2019 by
GeRirlto ( , 6-° (print name)as 144#11 A4oP-'4 . µ(32:0 (title)of Three Stones
LLC,Authorized Member of 29 ICD,LLC,a Florida limited liability company, calf of the corporation. He/she[]is
personally known to me or[>CJ has produced a driver's license as identificatio
[Notary Seal) STEVENYAMIIDER Notaryf,Fti c
Notary Public,State of New York
No.OIYA-49717114 Printed Name: S"0-14Cr ?.fµvjk?C
Qualifed in Kings
Commission Expires /2-7 ' ' -
My Commission Expires: lz/8'/r-a:2.
Closingdati!(Seller)-Page 2
File Number 247174-1l-Lois 16 and 17 DoubleTimo®
AFFIDAVIT
THREE STONES, I.I.C. A /1%1cw rc LIMITED LIABILITY COMPANY
BEFORE ME. the utldcrsiggned au hority, duly authorized to take acknowledgments and administer oaths,
personally appeared (.rte _ L a ("A Mann who deposes and says under
penalties of perjury that:
I. This affidavit is made with regard to the following described property:
All the tract of land lying West of Indian Creek Drive, between the North line of said Lot 16 and
the South line of said Lot 17,Block 12,produced Westerly to the waters of Indian Creek,as shown
on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY,according to the plat thereof as recorded in Plat Book S, Page 7,
Public Records of Miami-Dade County, Florida.
2. Affiant makes this affidavit on individual knowledge and on behalf of Three Stones. LLC LLC, a
jam• .T a- (State) limited liability company organized under the laws of
_/ (State)(`LLC")that is a party to a transaction involving the Property and
is the Grantor.
3. Affiant has the authorization to execute the Quit Claim Deed. Easement Agreement, and Closing
Affidavit.and all instruments to be insured,as applicable,("Conveyance Documents"),to bind the LLC
under one of the following alternatives(initial all that apply):
• a. / JC Aftiant is identified by name in the current documents tiled with the
OP:A.'•�.(4€-- (State) Department of State as , _ member or manager of a
member-managed or manager Managed LLC. Aftiant has the authority to execute
the Closing Documents on behalf of the LLC and Affiant knows of no facts that may provide notice to
any party to this transaction of any actual lack of authority of Aftiant. The transaction qualities as a
bona fide transaction.
b. _Aftiant has produced certified copies of articles of organization and amendments thereto,
if any,and a true and correct copy of regulations or operating agreement,which verify that Affiant may
sign for the i.LC_ A ffiant and LLC have complied with all procedures to authorize such signatory.
4. No certified statement of authority limiting. canceling or restrictively amending the authority of Affiant as
ann X member or manager of the LLC has been filed with the
✓�j�\•IJ4a,1 (State) Department of State or recorded in the official records of the county
where the Property lies.
5. The person authorized to execute this Affidavit and the person or entity, as applicable, authorized to
execute the Closing Documents for the LLC have not become dissociated nor has that person or entity, as
applicable, wrongfully caused dissolution of the LLC.
6. The person executing this Affidavit is authorized to execute the Closing Documents for the LLC and is
not and has not been a debtor in bankruptcy since becoming amember or manager
of the LLC. if other than the Aftiant, then, in addition, the person or entity,as applicable,executing the
•
Closing Documents for the LLC is not and has not been a debtor in bankruptcy since becoming a
member, manager or authorized signatory of the LLC.
7. Initial as applicable:
LLC is not one of a family or group of entities.
LLC is one of a family or group of entities. but none of the other entities in this family or
group of entities is a debtor in bankruptcy. [The following are to be considered in determining whether
or not the company is one of a family or group of entities: having principals in common with other
entities: being functionally or operationally related to another entity; whether funds flow upstream or
downstream to other entities; whether funds or other assets are commingled with those of other
entities.)
Initial as applicable:
LLC has more than one member.
LLC is a single member limited liability company, but there are no creditors who have
acquired or are attempting to acquire control of LLC by executing on or attaching or seizing the
member's interest in LLC.
9. This affidavit is made to induce Old Republic National Title Insurance Company. to insure title to
the Property described in item 1 above. Affiant. individually and on behalf'of the LLC agrees to
indemnify Suzanne A. Dockerty,P.A. and hold it harmless from any loss or damage resulting ti-ont its
reliance on the matters set forth in this Affidavit.
Three Stones. LLC.
a ,/t%1'ti t' cited liability company
By: Ge,
Name: 1..9-,:%;."14e7-7
Title: 11/ Nom ' . /'t.
STATE OF N I'J"
COUNTY OF Kin-c:,$
The foregoing instrument was acknowledged before me this__l. day of U"c . 2019 by
GG/f4.(2 Get UD (print name)as (title), of Three Stones LLC'.
[ ] who is personally known to me or [?.4 who has produced �u�2s �,c"�� as identification.
•
Notary Public. State of .__
My Commission Expires: n?/i/p/zz,
AFFIDAVIT
29 iCD, LLC,A FLORIDA LIMITED LIABILITY COMPANY
BEFORE ME, the undersigned autho ity, duly authorized to take acknowledgments and administer oaths,
personally appeared ("Affiant") who deposes and says under
penalties of perjury that:
1. This affidavit is made with regard to the following described property:
All the tract of land lying West of Indian Creek Drive,between the North line of said Lot 16 and
the South line of said Lot 17,Block 12,produced westerly to the waters of Indian Creek,as shown
on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
LMPROVEMENT COMPANY,according to the plat thereof as recorded in Plat Book 5,Page 7,
Public Records of Miami-Dade County,Florida.
2. Affiant makes this affidavit on individual knowledge and on behalf of 29 ICD, LLC.a Florida limited
liability company organized under the laws of Florida("LLC")that is a party to a transaction involving
the Property and is the Grantor.
3. Affiant has the authorization to execute the Quit Claim Deed, Easement Agreement, and Closing
Affidavit. d all instruments to be insured,as applicable,("Conveyance Documents"),to bind the LLC
ser tthe following alternatives(initial all that apply):
Affiant is identified by name in the current documents filed with the Florida Department
• ' tate as Authorized Member of a member managed LLC. Affiant has the authority to execute the
Closing Documents on behalf of the LLC and Affiant knows of no facts that may provide notice to any
party to this transaction of any actual lack of authority of Affiant. The transaction qualities as a bona
fide transaction.
b. Affiant has produced certified copies of articles of organization and amendments thereto.
if any,and a true and correct copy of regulations or operating agreement,which verify that Affiant may
sign for the LLC. Affiant and LLC have complied with all procedures to authorize such signatory.
4. No certified statement of authority limiting,canceling or restrictively amending the authority of Affiant as
an Authorized Member of the LLC has been filed with the Florida Department of State or recorded in the
official records of the county where the Property lies.
5. The person authorized to execute this Affidavit and the person or entity, as applicable, authorized to
execute the Closing Documents for the LLC have not become dissociated pursuant to Sec. 605.0302(11),
F.S.,nor has that person or entity,as applicable,wrongfully caused dissolution of the LLC.
6. The person executing this Affidavit is authorized to execute the Closing Documents for the LLC and is
not and has not been a debtor in bankruptcy since becoming an Authorized Member of the LLC. If other
than the Affiant,then,in addition,the person or entity,as applicable,executing the Closing Documents
for the LLC is not and has not been a debtor in bankruptcy since becoming a member, manager or
authorized signatory of the LLC.
7. Initial as applicable:
S. is not one of a family or group of entities.
>("_/2-XLC .
LLC is one of a family or group of entities, but none of the other entities in this family or
group of entities is a debtor in bankruptcy. [The following are to be considered in determining whether
or not the company is one of a family or group of entities: having principals in common with other
entities; being functionally or operationally related to another entity; whether funds flow upstream or
downstream to other entities; whether funds or other assets are commingled with those of other
entities.]
8. Initial as applicable:
LC has more than one member.
ir,?% LLC is a single member limited liability company, but there are no creditors who have
• y4. quircd or are attempting to acquire control of LLC by executing on or attaching or seizing the
member's interest in LLC.
9. This affidavit is made to induce Old Republic National Title Insurance Company, to insure title to
the Property described in item 1 above. Affiant, individually and on behalf of the LLC agrees to
indemnify Suzanne A.Docherty,P.A.and hold it harmless from any loss or damage resulting from its
reliance on the matters set forth in this Affidavit.
29 1CD,LLC, a Florida limited liability company
By: Three Stone2,,C ,' '.-..----:-.--7-7
Bv,/ 71‘
(.„.____.7.c„..„. .
Name: ger^•'t/d /.. \-- YG7
Title:///,1 t 3;/v if!'a"> -? !t
STATE OF M‘:..61) >/ k
COUNTY OF IA//V,;.-5
The foregoing instrument was acknowledged before me this g day of -f mac-Y ,2019 by
,::'riA./' c.>>.f( o (print name)as ,M�r.rf iJ--) „,--i i e3� (title), of Three Stones LLC,
as Authorized Member of 29 ICD,a Florida limited liability company, [] who is personally known to me or []
who has produced PP,-. -s c •=.:5-;-1----,---"-
.-!-'- as identification,-7- 2
(,,,,
Notary Public, State of
IiiMy Commission Expires: MO017114
This instrument was prepared by:
Mark S. Meland, Esquire
Meland,Russin& Budwick, P.A.
200 South Biscayne Boulevard
Suite 3200
Miami, Florida 33131
PARTIAL RELEASE OF MORTGAGE
KNOWN ALL MEN BY THESE PRESENTS:
WHEREAS, 29 ICD, LLC, a Florida limited liability company ('`Mortgagor'), being the
Mortgagor in that certain Mortgage in favor of 2901 JMH, LLC. a Delaware limited liability
company ("Mortgagee ), bearing date of January 17. 2017, recorded on January 19. 2017, in
Official Records Book 30388, Page 4288, of the Public Records of Miami-Dade County, Florida
(the "Mortgage"), in the original principal amount of$5,250,000.00, which Mortgage encumbers
certain property located in Miami-Dade County, Florida, being more particularly described in the
Mortgage,
AND WHEREAS, the said Mortgagor has requested the Mortgagee to release the
premises hereinafter described, being part of the mortgaged premises, from the lien and
operation of the Mortgage;
NOW THEREFORE, the Mortgagee, for and in consideration of the sum of TEN
Dollars ($10.00), paid by the Mortgagor, the receipt and sufficiency of which is hereby
acknowledged, does hereby remise, release, quitclaim, exonerate and discharge from the lien and
operation of the Mortgage unto the Mortgagor, their heirs and assigns, all that piece, parcel, or
tract of land, being a part of the premises conveyed by the said Mortgage, the following
described property:
All that tract of land lying West of Indian Creek Drive, between the North line of Lot
Sixteen (16) and the South line of Lot Seventeen (17), in Block 12, produced westerly to
the waters of Indian Creek. of OCEAN FRONT AMENDED, according to the Plat
thereof, as recorded in Plat Book 5. at Pages 7 and 8, of the Public Records of Miami-
Dade County, Florida.
TO HAVE AND TO HOLD the same, with the appurtenances, unto the said Mortgagor,
its heirs and assigns forever, freed, exonerated and discharged of and from the lien of said
mortgage and every part thereof; provided always, nevertheless, that nothing herein contained
shall in anyways impair, alter or diminish the effect, lien or encumbrance of the aforesaid
Mortgage, on the remaining part of the said mortgaged premises not hereby released therefrom,
or any of the rights and remedies contained therein or in any of the other related loan documents.
[Signature Page to Follow[
IN WITNESS WHEREOF, the undersigned has hereunto set their hands and official
seals on this 'r day of ;Jvv\p,, , 2019.
Signed, sealed and delivered in the presence of
WITNESSES: MORTGAGEE:
JMH. LLC, a Delaware limited liability company
n r
PP" 411111.
By:
Signature of Witness Printed Name: l c,s c' 4 a l f(✓v,
im:011V10
G Title: ✓c�C,✓� l
Printed Name of\Witness
Signature o
i
JJA J>✓v
Printed Name of Witness
STATE OF /1/e h/ )
) ss
COUNTY OF Sei -(76 It )
The foregoing instrument was acknowledged before me this / day of
Ju r1 e . 2019. by JA Son e-r A-7 , as ?lir a. /
of.1MH, LLC. a Delaware limited liability company, on behalf of the company. He/she is
personally known to me or produced as identification.
Notary Public. (
My Name, Commission No. & Expiration:
BRIAN G. BROWN
Notary Public,State of New York
No.01BR6151227
Qualified in Suffolk County
Commission Expires August 14,202_
1111111 11111 11111 11111 1111111111 lUll IIII IIII
CEN 2019R.1=s!75741
OR BK 31606 Pss 3104-3105 (2Fss)
This instrument was prepared by: RECORDED 09/13/2019 15:44:30
Mark S.Meland,Esquire HARVEY RUVIN? CLERK OF COURT
Meland,Russin&Budwick,P.A. i1IANI-DADE COUNTY? FLORIDA
200 South Biscayne Boulevard
Suite 3200
I Miami,Florida 33131
PARTIAL RELEASE OF MORTGAGE
KNOWN ALL MEN BY THESE PRESENTS:
WHEREAS, 29 ICD, LLC, a Florida limited liability company ("Mortgagor"), being the
Mortgagor in that certain Mortgage in favor of 2901 JMH, LLC, a Delaware limited liability
company ("Mortgagee"), bearing date of January 17, 2017, recorded on January 19, 2017, in
Official Records Book 30388, Page 4288, of the Public Records of Miami-Dade County, Florida
(the "Mortgage"), in the original principal amount of$5,250,000.00,,which Mortgage encumbers
certain property located in Miami-Dade County, Florida, being more particularly described in the
Mortgage,
AND WHEREAS, the said Mortgagor has requested the Mortgagee to release the
premises hereinafter described, being part of the mortgaged premises, from the lien and
operation of the Mortgage;
NOW THEREFORE, the Mortgagee, for and in consideration of the sum of TEN
Dollars ($10.00), paid by the Mortgagor, the receipt and sufficiency of which is hereby
acknowledged, does hereby remise, release, quitclaim, exonerate and discharge from the lien and
operation of the Mortgage unto the Mortgagor, their heirs and assigns, all that piece, parcel, or
tract of land, being a part of the premises conveyed by the said Mortgage, the following
described property:
All that tract of land lying West of Indian Creek Drive, between the North line of Lot
Sixteen (16) and the South line of Lot Seventeen (17), in Block 12, produced westerly to
the waters of Indian Creek, of OCEAN FRONT AMENDED, according to the Plat
thereof, as recorded in Plat Book 5, at Pages 7 and 8, of the Public Records of Miami-
Dade County, Florida.
TO HAVE AND TO HOLD the same, with the appurtenances, unto the said Mortgagor,
its heirs and assigns forever, freed, exonerated and discharged of and from the lien of said
mortgage and every part thereof; provided always, nevertheless, that nothing herein contained
shall in anyways impair, alter or diminish the effect, lien or encumbrance of the aforesaid
Mortgage, on the remaining part of the said mortgaged premises not hereby released therefrom,
or any of the rights and remedies contained therein or in any of the other related loan documents.
[Signature Page to Follow]
DR BK. 31606 PG 3105
LAST PAGE
IN WITNESS WHEREOF, the undersigned has hereunto set their hands and official
seals on this ` day of J U(Ne , 2019.
Signed, sealed and delivered in the presence of
WITNESSES: MORTGAGEE:
JMH, LLC, a Delaware limited liability company
" <\ By:
Signature of Witness Printed Name: s a(A. a t (✓vt
IThOl 4100Title: Vv,�►Gc`P a,
Printed Nameo� �itness
411111111MMIO—
Signaturepo
_ 1400 J
Printed Name of Witness
STATE OF Ale ft/ )
) ss
COUNTY OF SG si,4_ )
The foregoing instrument was acknowledged before me this /4"day of
chti/2 e , 2019,by JJ6 co h. /p e fri , as fr/n 4/:,94.
of JMH,LLC, a Delaware limited liability company, on behalf of the company. He/she is
personally known to me or produced as identification.
Notaryub
My Name, Commission No. & Expiration:
BRIAN G. BROWN
Notary Public,State of New York
No.01 BR6151227
Qualified in Suffolk County
Commission Expires August 14,202Z__
11111111111111111111111111111111111111111 till
CFN 2019R0575742
OR BY. 31606 P9s 3106-3108 (3P'js)
byRECORDED 09/13/2019 1�.:44:30
This instrument was
prepared HARVEY RUEIN CLERK OF COURT
and return to: MIAMI-DADE COUNTY, FLORIDA
Suzanne A.Dockerty,Esq.
Suzanne A.Dockerty,P.A.
110 Merrick Way, 3-B
Coral Gables,FL 33134
PARTIAL RELEASE OF MORTGAGE AND SECURITY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS,INDIAN CREEK INVESTMENT LENDER,LLC, A Delaware Limited
Liability Company, whose address is 184 Kent Ave., C-706, Brooklyn, NY 11249 ("the
Mortgagee") is the owner and holder of the documents set forth as follows: (i) Mortgage and
Security Agreement recorded in O.R. Book 30388, Page 4288; (ii) UCC Financing Statement
recorded in O.R. Book 30388, Page 4312; (iii) Assignment of Mortgage and Related Loan
Documents recorded in O.R. Book 30394, Page 1456; (iv) UCC Financing Statement recorded in
O.R. Book 30394, Page 1459, all of the Public Records of Miami-Dade County, (collectively the
"Mortgage").
WHEREAS,the said Mortgagor has requested the said Mortgagee to release the premises
hereinafter described, being part of said mortgaged premises, from the lien and operation of said
Mortgage.
NOW,THEREFORE,that the said Mortgagee as well in consideration of the premises as
of the sum of TEN DOLLARS($10.00)to it paid by the said Mortgagor at the time of the execution
hereof, the receipt whereof is hereby acknowledged, does remise, release, quit-claim, exonerate
and discharge from the lien and operation of said Mortgage unto the said Mortgagor and its
successors or assigns, all that piece, parcel or tract of land, being a part of the premises conveyed
by said Mortgage, to-wit:
See Exhibit"A" attached hereto for legal description (the"Released Property").
TO HAVE AND TO HOLD the same, with the appurtenances, unto the said Mortgagor
and its successors or assigns forever,freed,exonerated and discharged of and from the lien of said
Mortgage and UCC, and every part thereof; Provided always, nevertheless, that nothing herein
contained shall in anywise impair,alter or diminish the effect,lien or encumbrance of the aforesaid
Mortgage and UCC on the remaining part of said mortgaged premises not hereby released
therefrom, or any of the rights and remedies of the holder thereof.
IN WITNESS WIlEtREOF, the said Mortgagee has caused these presents to be executed
as of this 6/4-t"1/4 day of U I A , 2019.
Signed, sealed and delivered in INDIAN CREEK INVESTMENT LENDER,
the presence of: LLC, a Delaware lim. -€ liability company
B
y: LI.
nt ame: \4.. Atik Rtirl �t(in
Print Name: j C t 4 Oil
Print Name: AI 0\4, 1.. r.,641,2, --
4. )• Title: I'"6
STATE OF New Y'k )
I ) SS:
COUNTY OF V I k )
��he foregoing instrument was acknowledged before me this 't` day of
2019, by AccSovi )401- va , as
,r ,,,�[ of INDIAN CREEK INVESTM NlT LENDER, LLC, a
Delaware limited liability company, on behalf of the bank. He/She is (4 personally known to me
or( ) has produced w�as identification.
G,..- \
Notary Public, State of ,(i€(4) Xfk
��� ( �,z'
Print Name of Notary Public
My commission expires:
BRNotary ubl Ac G. BRO N
No 01Btate W W
co Qaalifieq in 1°151227 York
nunission RxpS es At,st'a
202
2
• OR BP( 31606 PG 3108
LAST PAGE
EXHIBIT"A"
All the tract of land lying West of Indian Creek Drive, between the North line of said Lot 16 and
the South line of said Lot 17,Block 12,produced westerly to the waters of Indian Creek, as shown
on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, according to the plat thereof as recorded in Plat Book 5, Page 7,
Public Records of Miami-Dade County, Florida.
A portion of Folio No.:02-3226-001-1170
and
A portion of Folio No.:02-3226-001-1180
3
••
1111111 0111 1111111111 1111111111 11111 11111111
CFN 201980175743
OR BK 31606 P s 3109-3112 (4Ps s)
RECORDED 09/13/2019 15:44230
This instrument was prepared by HARVEY RUVINs CLERK OF COURT
and return to: NIAMI-DADE COUNTYF FLORIDA
Suzanne A. Dockerty,Esq.
Suzanne A.Dockerty,P.A.
110 Merrick Way, 3-B
Coral Gables, FL 33134
PARTIAL RELEASE OF MORTGAGE AGREEMENT
AND ASSIGNMENT OF LEASES AND RENTS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, TITAN CAPITAL ID, LLC, a Delaware limited liability company,
whose address is 19 Ludlow Road, Suite 301, Westport, CT 06880 and BBS REAL ESTATE
INVESTMENTS, LLC, a Florida limited liability company (Sometimes referred to as BBS
Real Estate,LLC),whose address is 1515 N. Federal Highway, Suite 405,Boca Raton,FL 33432
("collectively the Mortgagee") is the owner and holder of the documents set forth as follows: (i)
Mortgage recorded in O.R. Book 29365,Page 1760; (ii)Assignment of Leases and Rents recorded
in O.R. Book 29365, Page 1796; (iii) UCC Financing Statement recorded in O.R. Book 29365,
Page 1807;and(iv)UCC Financing Statement recorded in O.R. Book 29365,Page 1811,all of the
Public Records of Miami-Dade County, (collectively the "Mortgage").
WHEREAS, the said Mortgagor has requested the said Mortgagee to release the premises
hereinafter described, being part of said mortgaged premises, from the lien and operation of said
Mortgage.
NOW,THEREFORE,that the said Mortgagee as well in consideration of the premises as
of the sum of TEN DOLLARS($10.00)to it paid by the said Mortgagor at the time of the execution
hereof, the receipt whereof is hereby acknowledged, does remise, release, quit-claim, exonerate
and discharge from the lien and operation of said Mortgage unto the said Mortgagor and its
successors or assigns, all that piece, parcel or tract of land, being a part of the premises conveyed
by said Mortgage, to-wit:
See Exhibit"A" attached hereto for legal description (the "Released Property").
TO HAVE AND TO HOLD the same, with the appurtenances, unto the said Mortgagor
and its successors or assigns forever,freed,exonerated and discharged of and from the lien of said
Mortgage and UCC, and every part thereof; Provided always, nevertheless, that nothing herein
contained shall in anywise impair,alter or diminish the effect,lien or encumbrance of the aforesaid
Mortgage and UCC on the remaining part of said mortgaged premises not hereby released
therefrom, or any of the rights and remedies of the holder thereof.
IN WITNESS WHEREOF, the said Mortgagee has caused these presents to be executed
as of this day of At .I- , 2019.
Signed, sealed and delivered in TITAN CAPIT• OD, . C, a Delaware limited
the presence of: liability compa-1
By: A
Print Name: 1/-16'1-k l J FPI 1k
Print Name: Q Ems/
Print Name: 72,414 601444114€LTitle: C.L 0
STATE OF Jew Yom )
) SS:
COUNTY OF Iv eju yo c )
The foregoing instrument was acknowledged before me this T+4 day of
2019, by v;A Sccfraste411 , as
tdr of TITAN CAPITAL ID, LLC, a Delaware limited
liability comany,on behalf of the bank. He/She is(Jjpersona ly known to me or( )has produced
as identification.
Notary P ablic, State of L)2 W f p r 1i<-
V011{SS ci 1/1k-e,
Print Name of.Notary Public
My commission expires:
VANESSA D MELENDRES
Notary Public),State of New York
No.01 ME8252999
Qualified in Bronx County
Commision Expires 12/19/19
2
•
IN WITNESS WHE the said Mortgagee has caused these presents to be executed
as of this/`I day of , 2019.
Signed, sealed and delivered in BBS REAL ESTATE INVESTMENTS, LLC, a
the presence of: Florida limited liability company(Sometimes
referred to as BBS REAL ESTATE, LLC, a
Florida limited liability company)
/ By: 1
Print ame:
Print Name: 0....--Acs
Prig ,itgeorge tie Norynch d►•Jersey Title: V
ID#2183423
My Commission Expires August 31,2024
C. P V /Oki - 'PER
_a: 14191
STATE OF 1\ -) )
SS:
COUNTY OF h J'— )
The foregoing instrument was acknowledged� before me this t'y day of
AV , 2019, by C d 9 l k ` , as
i9 Prr,4,cieNT of BBS REAL ESTATE, LLC, a Florida limited liability
company, on behalf of the bank. He/She is i>4 personally known to me or ( ) has produced
as identification.
t._ -\641;
NoUry Pu►�ic, State
Print Name o f Not., _Lyrwfi�'
Notary , •to of New Jersey
ID#2169423
My commistAositerAPITI Expires August 31,2024
3
OR Bk 31606 PG 3112
LAST PAGE
EXHIBIT"A"
All the tract of land lying West of Indian Creek Drive, between the North line of said Lot 16 and
the South line of said Lot 17,Block 12,produced westerly to the waters of Indian Creek, as shown
on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, according to the plat thereof as recorded in Plat Book 5, Page 7,
Public Records of Miami-Dade County, Florida.
A portion of Folio No.:02-3226-001-1170
and
A portion of Folio No.:02-3226-001-1180
4
Settlement Statement
Grantee: City of Miami Beach, a Florida municipal corporation
1700 Convention Center Drive, 4th Floor,Miami Beach,Florida 33139
Grantor: 29 ICD, LLC, a Florida limited liability company
2922 Avenue R, Brooklyn,NY 11229
Property Location: 2901 Indian Creek Drive,Miami Beach, Florida 33140
(See Exhibit A attached)
Date: dc/ 6/..c—f- 30) , 2019
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: $ 500.00
Title Insurance Premium ($80,000): $460.00
Settlement Fee: $1,500.00
Clerk of Court Recording Fee:
Quit Claim Deed with Easement Agreement: $ 78.00
Documentary Stamp Tax: $ 1.05
Easement Agreement: $ 61.00
Documentary Stamp Tax: $ 1.05
Partial Release of Security Agreement: $ 35.50
(Indian Creek Investment Lender LLC)
Partial Release of Security Agreement: $ 27.00
(Titan Capital/BBS Real Estate)
Certified Copies: $ 35.00
Wire Transfer Fee/FedEx: $ 100.00
Total Grantee Settlement Fees: $2,798.60
I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief, it is a true
and accurate statement of all receipts and disbursements made on account of this transaction.
Grantee:
City of Miai i Beach, a F l6rida municipal corporation
By:
Print Name/, , le: T(,. . I •_
Approved as to form . Laguage for Execution
B LL
City ttorney . • '
Exhibit"A"
Legal Description
All the tract of land lying West of Indian Creek Drive, between the North line and South line of said Lot
17,Block 12,produced westerly to the waters of Indian Creek,as shown on the AMENDED MAP OF THE
OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,according to the
plat thereof as recorded in Plat Book 5, Page 7,Public Records of Miami-Dade County,Florida.
(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
* * (612)371-1111
* *
* *
By a:7 1( Q " "`-'__j President
* *
Attest .p/-�L-�-� Q Secretary
SERIAL
OF6-8709280
FORM OF6(rev.12/10)(With Florida Modifications) Page 1 of 5
File Number:247174-11 DoubleTime®8.3
Old Republic National Title Insurance Company
OWNER'S POLICY
Schedule A
Policy No.: Date of Policy: Agent's File Reference:
0F6-8709280 September 13,2019 @ 03:44 PM 247174-11
Amount of Insurance: $80,000.00 Premium: $460.00
Address Reference: 2901Indian Creek Drive,Miami Beach,FL 33140
1. Name of Insured:City of Miami Beach,Florida, 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. 2019R0575744 in Official Records Book 31606, Page 3113, of the Public Records of Miami-Dade
County,Florida.
3. Title is vested in: City of Miami Beach,Florida, a Florida municipal corporation
4. The Land referred to in this policy is described as follows:
All the tract of land lying West of Indian Creek Drive, between the North line and South line of said Lot 17,
Block 12, produced westerly to the waters of Indian Creek, as shown on the AMENDED MAP OF THE
OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to the
plat thereof as recorded in Plat Book 5,Page 7,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 —10
Coral Gables,FL 33134 Agent's Signature
Suzanne A.Dockerty
Attorney at Law
•
B:20120118 Page 1 of 2
Form OF6-SCH.-A (rev.12/10)(With Florida Modifications) DoubleTime®8.3
Old Republic National Title Insurance Company
OWNER'S POLICY
Schedule B
Policy No.: Agent's File Reference:
0F6-8709280 247174-11
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. Any lien provided by County Ordinance or by Chapter 159,F.S.,in favor of any city,town,village or port authority,
for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described
herein; and any lien for waste fees in favor of any county or municipality.
3. 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.
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. 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.
6. 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.
7. Perpetual non-exclusive easement of ingress and egress set forth in Easement Agreement between the City of Miami
Beach and 29 ICD,LLC recorded on September 13,2019 in O.R.Book 31606,Page 3122,of the Public Records of
Miami-Dade County,Florida.
8. Riparian and littoral rights are not insured.
Page 2 of 2
Form OF6-SCK-B(rev.12/10)(With Florida Modifications) DoubleTime®8.3
(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 ajudgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created or attached or has
been tiled 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.
(f) "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 tiled 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 a 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
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CFN 2019R0575744
OR BK 31606 F'ss 3113-3121 (9F'ss)
This instrument was prepared by and after RECORDED 179/13/2019 15:44=30
recording should be returned to: DEED DOC TAX $0.60
SURTAX $0.45
HARVEY RUV1hav CLERK OF COURT
Raul J. Aguila, City Attorney NIAHI—DARE COUHTY9 FLORIDA
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
A portion of Folio Number: 02-3226-001-1180 (Reserved for Clerk of Court)
QUIT-CLAIM DEED AND EASEMENT AGREEMENT�(it,
THIS QUIT-CLAIM DEED, made as of this 30 day of til , 2019 (the
Effective Date), 29 ICD, LLC, a Florida limited liability company, whose addr ss is 2922 Avenue
R, Brooklyn, NY 11229 ("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 ($10.00) in hand paid by the said Second
Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim
unto the said Second Party forever, all the right, title, interest, claim and demand which the said
First Party has, including imposition of association assessments, dues or fees of any kind,
whether regular or special, in and to the following described land, situate, lying and being in
Miami-Dade County, Florida, (the "Property") and legally described as follows:
All the tract of land lying West of Indian Creek Drive, between the North line and South
line of said Lot 17, Block 12, produced westerly to the waters of Indian Creek, as shown
on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, according to the plat thereof as recorded in Plat Book 5,
Page 7, Public Records of Miami-Dade County, Florida.
TO HAVE AND TO HOLD the same together with all the tenements, hereditaments and
appurtenances thereunto belonging.
The First Party reserves for itself, its successors and assigns a contingent, perpetual,
non-exclusive easement of ingress and egress upon, over, and across the Property, specifically
for the benefit of First Party's property (as defined in the Easement Agreement), pursuant to the
terms and conditions set forth in the Easement Agreement, incorporated herein by reference
and attached hereto as Exhibit "A."
1
IN WITNESS WHEREOF, the said First Party has signed and sealed these presents the
day and year first above written.
Signed, sealed and delivered 29 ICD, LLC, a Florida limited liability company
in the presence of:
By: Thredio -
Witnesses:
M•1160kAAVY By:
MOM TQIcno Print Name: /JG�
Print Name: Print Title://g/74,,y3/045W%
vp
Print Name:
STATE OF NFA 'v ( )
) ss:
COUNTY OF Kiev'.$ )
The foregoing instrument was acknowledged before me this '3 day of
,v! , 2019 by L,4,-( (Print Name) as
M/3NAsd"fs GSA (Title) of Three Stones, LLC, Authorized Member of 29 ICD, a
Florida limited liability company, who is personally kno to me or who has produced
P,tioc, Lace (c4 as identification.
My Commission Expires: otary Public, State of /vow yoe?vC
STEVEN YAMt)DER
Notary Public,State of New York
No.01YA-4971784
Qualified in Kings County/ la`s
Commission Expires //617/2'52-
2
Exhibit "A"
Easement Agreement
This Easement Agreement is made this day of , 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 29 ICD, LLC, a Florida limited liability
company, whose address is 2922 Avenue R, Brooklyn, NY 11229 ("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:
All the tract of land lying West of Indian Creek Drive, between the North line and South
line of said Lot 17, Block 12, produced westerly to the waters of Indian Creek, as shown
on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, according to the plat thereof as recorded in Plat Book 5,
Page 7, 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, in Block 12, of the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF
THE MIAMI BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as
recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County, Florida.
WHEREAS, in connection with the conveyance from Company to the City of City's
Property, the City agreed to repair and/or construct a new seawall at City's sole expense,
adjacent to the City's Property, and 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.
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
3
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, in its
proprietary capacity, of a Marine Improvement in accordance with Section 4. 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, in accordance with Section 4, 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 reimbursing
the City for the cost of maintaining, repairing or replacing 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
4
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, in
accordance with Section 4, 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: 29 ICD, LLC
2922 Avenue R
Brooklyn, NY 11229
6
With a copy to: Graham Penn
Bercow Radell Fernandez & Larkin
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
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 day of , 2019.
Signed, sealed and delivered 29 ICD, LLC, a Florida limited liability company
in the presence of:
By: Three Stones, LLC
Witnesses:
EXHIBIT SAMPLE NOT FOR EXECUTION
By:
Print Name:
Print Name: Print Title:
Print Name:
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2019 by (Print Name)
as (Title) of Three Stones, LLC, as Authorize Member of 29
ICD, a Florida limited liability company, who is personally known to me or who has produced
as identification.
My Commission Expires:
Notary Public, State of
8
OR Bk 31606 PG 3121
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:
By:
Jimmy L. Morales, City Manager
Print Name:
Attest:
Print Name: Rafael E. Granado, Clerk
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 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.
My Commission Expires: Notary Public, State of Florida
9
1111111 11111 1111111111 110111111 11111 11111111
CF 2019R.0575745
OR BK 31606 P95 3122-3128 (7Pas)
This instrument was prepared by and after ! RECORDED 09/13/20719 15:44:30
recording should be returned to: DEED DOC TAX $0.,60
SURTAX $0.45
HARVEY RUM-Iy CLERK OF COURT
Raul J. Aguila, City Attorney i1IA II-DADE COUNTYQ FLORIDA
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
A portion of Folio No.: 02-3226-001-1180 (Reserved for Clerk of Court)
EASEMENT AGREEMENT
This Easement Agreement is made this {0 day of nRsu r7 , 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 29 ICD, LLC, a Florida limited liability
company, whose address is 2922 Avenue R, Brooklyn, NY 11229 ("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:
All the tract of land lying West of Indian Creek Drive, between the North line and South
line of said Lot 17, Block 12, produced westerly to the waters of Indian Creek, as shown
on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, according to the plat thereof as recorded in Plat Book 5,
Page 7, 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, in Block 12, of the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF
THE MIAMI BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as
recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County, Florida.
WHEREAS, in connection with the conveyance from Company to the City of City's
Property, the City agreed to repair and/or construct a new seawall at City's sole expense,
adjacent to the City's Property, and 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.
1
Easement-2-2019
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, in its
proprietary capacity, of a Marine Improvement in accordance with Section 4. 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, in accordance with Section 4, 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
• 2
Easement-2-2019
for maintaining, repairing or replacing the Marine Improvements, including reimbursing
the City for the cost of maintaining, repairing or replacing 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, in
accordance with Section 4, 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.
3
Easement-2-2019
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:
If to the City at: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
4
Easement-2-2019
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: 29 ICD, LLC
2922 Avenue R
Brooklyn, NY 11229
With a copy to: Graham Penn
Bercow Radell Fernandez & Larkin
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
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
Easement-2-2019
Signed, witnessed, executed and acknowledged this /3 day of TirAil , 2019.
Signed, sealed and delivered 29 ICD, LLC, a Florida limited liability company
in the presence of:
By: Three j� a
Witnesses:
rY) ifaal\MQ) BY:
-
Print Name: &e
Me\iTQOPCO Print Title: ,'Oise ��'
Print Name:
Print Name:
STATE OF Nem Ya(eu )
) ss:
COUNTY OF K,Ne-s )
The foregoing instrument was acknowledged before me this /3 day of
TvN‘ , 2019 by ae-R,,an zz,e4-.moo (print name)
as /14,4/v4 PG ,44.yee4ger, (title), Authorized Member of 29 ICD, a Florida
limited liability company, who is personally known .• me or who has produced
P4'l .'2s ut t•-/:s as identification.
•
My Commission Expires: otary Public, State of NJ= Y,,frcc
•
STEVEN YAMUDER
Notary Public,State of New Yorl;
No.01YA-4971784
Qualified in Kings County
Commission Expires iz 8' =Z
6
Easement-2-2019
OR Bk 31606 PG 3128
LAST PAGE
Signed, witnessed, executed and acknowledged this day of6-cs51 , 2019.
Signed, sealed and delivered
in the presence of: City of Miami Beach,
a Florida municipal corporation
Wit sses: A a
By: ��
Jimmy Moral-., City Manager
Print Name:
Attest: ,Rd
rp\ ` ',1\, Sec..) 3.:1) 2_49
Print Name: Rafa E. Granado, Clerk
'.INCORP ORATED:
STATE OF FLORIDA
) ss: c�6` �__
COUNTY OF MIAMI-DADE )
Th foregoing instrument was acknowledged before me this 30 _ day of
auicts r , 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.
od:4-"dAf
My Commission Expires: Notary Public, State of Florida
: = ?;• LILIACARDILLO
L 'r, : MY COMMISSION#GG 230433
.- EXPIRES:August 27,2022
'FOP DP Bonded Tiwu Notary Public Underwriters
APPROVED AS TO
FORM & LANGUAGE
& FOR EXE UTION 0' # . (Z((i
City Attorney � Dae 7
Easement-2-201'
Settlement Statement
Grantee: City of Miami Beach, a Florida municipal corporation
1700 Convention Center Drive,4111 Floor, Miami Beach, Florida 33139
Grantor: 29 ICD,LLC, a Florida limited liability company
2922 Avenue R, Brooklyn,NY 11229
Property Location: 2911 Indian Creek Drive,Miami Beach,Florida 33140
(See Exhibit A attached)
Date: ci✓s f 30 2019
Settlement Agent: Suzanne A. Dockerty,P.A.
110 Merrick Way, Suite 3B, Coral Gables,Florida 33134
Grantee Settlement Fees:
Title Search Reports and Updates: $ 500.00
Title Insurance Premium($80,000): $ 460.00
Settlement Fee: $1,500.00
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: $ 2,726.10
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 , lorida municipal corporation
By:
Print Nam itle: „en , ,
Approve. : to form and L. _uag for Execution
1 �
By: _
City Attorney
Exhibit"A"
Legal Description
All the tract of land lying West of Indian Creek Drive, between the North line and South line of said Lot
16,Block 12,produced westerly to the waters of Indian Creek,as shown on the AMENDED MAP OF THE
OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,according to the
plat thereof as recorded in Plat Book 5,Page 7,Public Records of Miami-Dade County,Florida.
(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 electronicmeans 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
* 9t * i (612)371-1111
* *
* *
By / ' � President
* *
Attest lA/.04) Secretary
SERIAL
OF6-8709281
FORM OF6(rev.12/10)(With Florida Modifications) Page 1 of 5
File Number:247174-11-1 DoubleTime®8.3
Old Republic National Title Insurance Company
OWNER'S POLICY
Schedule A
Policy No.: Date of Policy: Agent's File Reference:
OF6-8709281 September 13,2019 @ 03:49 PM 247174-11-I
Amount of Insurance: $80,000.00 Premium: $460.00
Address Reference: 2911 Indian Creek Drive,Miami Beach,FL 33140
1. Name of Insured: City of Miami Beach,Florida,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. 2019R0575813 in Official Records Book 31606, Page 3268, of the Public Records of Miami-Dade
County,Florida.
3. Title is vested in: City of Miami Beach,Florida,a Florida municipal corporation
4. The Land referred to in this policy is described as follows:
All the tract of land lying West of Indian Creek Drive,between the North line and South line of said Lot 16,Block 12,
produced westerly to the waters of Indian Creek, as shown on the AMENDED MAP OF THE OCEAN FRONT
PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to the plat thereof as recorded in
Plat Book 5,Page 7,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
Suitee3-B
Coral Gables,FL 33134 Agent's Signature
Suzanne A.Dockerty
Attorney at Law
B:20120118
Page 1 of 2
Form OF6-SCH.-A (rev. 12/10)(With Florida Modifications) DoubleTime®8.3
Old Republic National Title Insurance Company
OWNER'S POLICY
Schedule B
Policy No.: Agent's File Reference:
0F6-8709281 247174-11-I
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. Any lien provided by County Ordinance or by Chapter 159,F.S.,in favor of any city,town, village or port authority,
for unpaid service charges for services by any water systems,sewer systems or gas systems serving the land described
herein;and any lien for waste fees in favor of any county or municipality.
3. 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.
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. 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.
7. Perpetual non-exclusive easement of ingress and egress set forth in Easement Agreement between the City of Miami
Beach and 29 ICD,LLC recorded on September 13,2019 in O.R. Book 31606,Page 3277,of the Public Records of
Miami-Dade County,Florida.
8. Riparian and littoral rights are not insured.
Page 2 of 2
Form OF6-SCK-B(rev.12/10)(With Florida Modifications) DoubleTime®8.3
(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 tiled 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:
1. (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 I(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.
(f) "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 LIABILTITY
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)371-111 1.
FORM OF6(rev.12/10)(With Florida Modifications) Page 5 of 5
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CFN 201980575313
OR BK 31606 Pgs 3268-3276 (9Pss)
This instrument was prepared by and after RECORDED 09/13/2019 15:49:15
recording should be returned to: DEED DOC TAX $0.60
SURTAX $0.45
HARVEY RUVIIN7 CLERK OF COURT
Raul J. Aguila, City Attorney MIAMI-DADE COUNTY:, FLORIDA
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
A portion of Folio Number: 02-3226-001-1170 (Reserved for Clerk of Court)
QUIT-CLAIM DEED AND EASEMENT AGREEMENT
THIS QUIT-CLAIM DEED, made as of this day day of , 2019 (the
Effective Date), 29 ICD, LLC, a Florida limited liability company, whose ad ess is 2922 Avenue
R, Brooklyn, NY 11229 ("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:
All the tract of land lying West of Indian Creek Drive, between the North line and South
line of said Lot 16, Block 12, produced westerly to the waters of Indian Creek, as shown
on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, according to the plat thereof as recorded in Plat Book 5,
Page 7, 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
terms and conditions set forth in the Easement Agreement, incorporated herein by reference
and attached hereto as Exhibit "A."
1
IN WITNESS WHEREOF, the said First Party has signed and sealed these presents the
day and year first above written.
Signed, sealed and delivered 29 ICD, LLC, a Florida limited liabilit company
in the presence of:
By: Three�stjnes; 'LL ,7
Witnesses: //
M
Print Name: �- i tOlaWn
Print Name: Print Title: ////454V/V),
Print Name:
STATE OF /VFW >'Ai )
) ss:
COUNTY OF 4C fe'JGS
The foregoing instrument was acknowledged before me this /3 day of
v")41 , 2019 by �FIIA-' ' 1-‘7/4 (print name) as
iti,tv/todv - Otrit (title), Authorized Member of 29 ICD, a Florida limited
liability company, [ ] who is personally known to me • [>!] who has produced
fJR'iv‘Rs �,c�Nre as identification. _. o
My Commission Expires:.. . otary Public, State of N4 Ye/z
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2
Exhibit "A"
Easement Agreement
This Easement Agreement is made this day of , 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 29 ICD, LLC, a Florida limited liability
company, whose address is 2922 Avenue R, Brooklyn, NY 11229 ("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:
All the tract of land lying West of Indian Creek Drive, between the North line and South
line of said Lot 16, Block 12, produced westerly to the waters of Indian Creek, as shown
on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, according to the plat thereof as recorded in Plat Book 5,
Page 7, Public Records of Miami-Dade County, Florida.
WHEREAS, Company is the owner of that land, situate, lying and being in Miami-Dade
County, Florida ("Company's Property") legally described as:
Lot 16, in Block 12, of the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF
THE MIAMI BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as
recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County, Florida.
WHEREAS, in connection with the conveyance from Company to the City of City's
Property, the City agreed to repair and/or construct a new seawall at City's sole expense,
adjacent to the City's Property, and 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.
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
3
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, in its
proprietary capacity, of a Marine Improvement in accordance with Section 4. 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, in accordance with Section 4, 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 reimbursing
the City for the cost of maintaining, repairing or replacing 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
4
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, in
accordance with Section 4, 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: 29 ICD, LLC
2922 Avenue R
Brooklyn, NY 11229
6
With a copy to: Graham Penn
Bercow Radell Fernandez & Larkin
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
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. Eitherparty 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 day of , 2019.
Signed, sealed and delivered 29 ICD, LLC, a Florida limited liability company
in the presence of:
By: Three Stones, LLC
Witnesses:
EXHIBIT SAMPLE NOT FOR EXECUTION
By:
Print Name:
Print Name: Print Title:
Print Name:
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2019 by (print name) as
(title), Authorized Member of 29 ICD, a Florida limited liability
company, [ ] who is personally known to me or [ ] who has produced
as identification.
My Commission Expires: Notary Public, State of
8
OR BK. 31606 PG 3276
LAST PAGE
Signed, witnessed, executed and acknowledged this day of , 2019.
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:
Print Name: Rafael E. Granado, Clerk
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 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.
My Commission Expires: Notary Public, State of Florida
9
1111111111111111111111 1111111(1111111 lila Illi
CFN 201980575814
OR BY. 31606 P9s 3277-3283 (7P9s)
This instrument was prepared by and after RECORDED 009/13/2019 15:4915
recording should be returned to: DEED DOC TAX $0.60
SURTAX $0,45
Raul J. Aguila, City Attorney HARVEY RUVTNT CLERK OF COURT
i7IAMI-DARE COUNTY? FLORIDA
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
A portion of Folio No.: 02-3226-001-1170 (Reserved for Clerk of Court)
EASEMENT AGREEMENT
This Easement Agreement is made this 30 day of s� , 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 29 ICD, LLC, a Florida limited liability
company, whose address is 2922 Avenue R, Brooklyn, NY 11229 ("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:
All the tract of land lying West of Indian Creek Drive, between the North line and South
line of said Lot 16, Block 12, produced westerly to the waters of Indian Creek, as shown
on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, according to the plat thereof as recorded in Plat Book 5,
Page 7, Public Records of Miami-Dade County, Florida.
WHEREAS, Company is the owner of that land, situate, lying and being in Miami-Dade
County, Florida ("Company's Property") legally described as:
Lot 16, in Block 12, of the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF
THE MIAMI BEACH IMPROVEMENT COMPANY, according to the Plat thereof, as
recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County, Florida.
WHEREAS, in connection with the conveyance from Company to the City of City's
Property, the City agreed to repair and/or construct a new seawall at City's sole expense,
adjacent to the City's Property, and 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.
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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, in its
proprietary capacity, of a Marine Improvement in accordance with Section 4. 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, in accordance with Section 4, 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
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for maintaining, repairing; or replacing the Marine Improvements, including reimbursing
the City for the cost of maintaining, repairing or replacing 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, in
accordance with Section 4, 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.
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•
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:
If to the City at: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
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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: 29 ICD, LLC
2922 Avenue R
Brooklyn, NY 11229
With a copy to: Graham Penn
Bercow Radell Fernandez & Larkin
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
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]
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Signed, witnessed, executed and acknowledged this (3 day of , 2019.
Signed, sealed and delivered 29 ICD, LLC, a Florida limited liabifty company
in the presence of:
By: Thre- - on-_,
Witnesses:
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Print Name:
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Print Name:
STATE OF New you )
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COUNTY OF r'eNGs )
The foregoing instrument was acknowledged before me this /3 day of
jiisivd , 2019 by Lo-' ' (print name) as
# *e "N; M.tO Z (title), of Three Stones LLC, Authorized Member of 29 ICD, a
Florida limited liability company, [ ] who is personally known e, e or pg who has produced
Ph'l'('S cieeNse as identification.
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LAST PAGE
Signed, witnessed, executed and acknowledged this 30 day of ( -31 , 2019.
Signed, sealed and delivered
in the presence of: City of Miami Beach,
a Florida unicipal cor...ration
Witnesses:
By:
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r6OCf{ Jimm L. Mora es, City Manager
rant Name:
Attest:
Print Name: Rafael E. Grana o, Clerk
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STATE OF FLORIDA ) '%,4,Q•.,�..:;/NI
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COUNTY OF MIAMI-DADE )
Th foregoing instrument was acknowledged before me this 30 day of
, 2019 by Jimmy L. Morales and Rafael E. Granado, as City Manager and City
Cle , respectively, of the City of Miami Beach, a Florida municipal corporation, who are
personally known to me or who have produced as identification.
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