Easement Agreement 11)) 911111111111111111111111111111111111111111 Illi
'L, CFN 201980765283
OR BK, 31721 P9s 46-59 (14Pss)
RECORDED 12/101/2019 15:43:44
This instrument was prepared by: HARVEY RUVIN, CLERK OF COURT
MIAMI--DADE COUNTY, FLORIDA
Name: Raul J.Aguila,City Attorney
Address: City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
EASEMENT AGREEMENT
(Ocean Terrace,74th Street and 75th Street Easement)
THIS EASEMENT AGREEMENT(the"Agreement"),is made this 1 day of December 2019,
by OTH STREETSCAPE, LLC, a Delaware limited liability company, having an address of 1035 North
Miami Avenue, Suite 201, Miami, Florida 33136 (together with its successors and permitted assigns, the
"Owner"), in favor of the CITY OF MIAMI BEACH, a Florida municipal corporation (together with its
successors and permitted assigns,the"City").
WITNESSETH:
WHEREAS, the Owner holds fee simple title to that certain real property more specifically
described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement
Area");
WHEREAS, 7450 Ocean Terrace LLC, 7436 Ocean Terrace LLC, 7420 Ocean Terrace
Investment, LLC, 7410 Ocean Terrace LLC, 7400 Ocean Terrace, LLC, 7409 Collins Ave Investment,
LLC,7421 Collins Ave Investment,LLC,7433 Collins Ave Investment,LLC,7439 Collins Ave Investment
LLC, and 7441 Collins Ave Investment, LLC hold fee simple title to that certain real property more
specifically described on Exhibit "B" attached hereto and incorporated herein by this reference (the
"Benefited Parcels") (the Easement Area and the Benefited Parcels are herein collectively referred to as
the"Property");and
WHEREAS, the Owner seeks to grant a perpetual non-exclusive easement in, upon, under and
through the Easement Area in favor of the City for the"Easement Purposes"(as hereinafter defined).
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
intending to be legally bound hereby agree as follows:
1. Recitals. The above recitals are true and correct and by this reference are hereby incorporated
into the body of this Agreement as if fully set forth herein.
2. Grant of Easement. The Owner hereby grants to the City a perpetual, non-exclusive and
irrevocable easement in,upon,under and through the Easement Area for the purposes of:
(a) providing to the general public, and to the City and its invitees, agents, employees, contractors,
and licensees(including,without limitation, (i)Owner,(ii)the owners of the Benefited Parcels, and(iii)the
owner of Lot 14 in Block 1,of TOWNSITE OF HARDING,according to the Plat thereof,as recorded in Plat
Book 34 at Page 4, of the Public Records of Miami-Dade County, Florida, and each of their officers,
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employees,agents,contractors,subcontractors,invitees,and licensees),an unrestricted way of passage,right
of ingress and egress,access to,and reasonable use of,the Easement Area, including,without limitation,for
public recreational purposes,and pedestrian and vehicular access over and across the Easement Area;
(b) constructing, installing, operating, using, maintaining, repairing and replacing landscaping,
sidewalks, pedestrian or bicycle paths, walkways, decks, street lighting, traffic or directional signage,
underground utilities, drainage, roadways, parks, and streetscape-related infrastructure, or any other
improvements which City, in its reasonable discretion,deems necessary for the protection of the health,safety
or welfare of the general public(collectively,the"Improvements")within the Easement Area;
(c)authorizing the City to grant third parties providing utility services(the"City Grantees")the right
to use and occupy the Easement Area for the sole purpose of providing any such utilities,without any need for
Owner approval of any City Grantee;and
(d) taking all other actions as may be reasonably necessary, without any need for Owner approval
thereof,to develop and install Improvements within the Easement Area,or to operate the Easement Area,solely
for public purposes, in the same manner as otherwise applicable to any public right of way areas of the City
pursuant to the Code of Ordinances of the City of Miami Beach,Florida, as the same may be amended from
time to time(the"City Code"),including,without limitation,the issuance by the City of temporary special event
permits for cultural,recreational or other programming, sidewalk café permits,or any other actions as may be
lawfully undertaken by the City on public right of way areas of the City (collectively, the "Easement
Purposes").The term"utilities"shall include,but not be limited to,water, sewer, stormwater, electrical,gas,
telecommunications,telephone and cable.
3. Maintenance, Casualty, and Condemnation. Prior to the commencement of the
Park/Streetscape Improvements by Owner, the City shall, at the City's sole cost and expense, continue to
maintain the roadway and side walk improvements located within the Easement Area as they exist on the date
this Agreement is executed by the parties. From and after Owner's "Substantial Completion" of the
"Park/Streetscape Improvements," as such terms are defined under that certain Development Agreement
between the City and 7450 Ocean Terrace LLC,7436 Ocean Terrace LLC, 7420 Ocean Terrace Investment,
LLC,7410 Ocean Terrace LLC,7400 Ocean Terrace,LLC,7409 Collins Ave Investment,LLC,7421 Collins
Ave Investment,LLC,7433 Collins Ave Investment,LLC,7439 Collins Ave Investment LLC,and 7441 Collins
Ave Investment,LLC,dated July 31,2019,a copy of which is recorded in Official Records Book 31563, at
Page 1201 of the Public Records of Miami-Dade County(the"Ocean Terrace Development Agreement"),
City shall be responsible, at City's sole cost and expense, for maintaining the Easement Area and the
Park/Streetscape Improvements, including all landscaping and vegetation therein, in accordance with those
standards and criteria contained in the fmal approved plans and specifications for the Park/Streetscape
Improvements.In the event that any portion of the Easement Area and/or the Park/Streetscape Improvements is
damaged or destroyed by fire,flood, storm, or other casualty or by the act or omission of the City, any of the
City's agents, employees, contractors, vendors, operators, representatives, licensees, or any other party
retained by the City or for whom the City is legally responsible,or by the general public,City shall be solely
responsible for any repair or restoration of the Easement Area,subject to an appropriation of funds by the City
Commission,if any is required,in the same manner as applicable to other public right of way areas of the City.
In addition,if any portion of the Easement Area is taken or condemned in any manner as a result of the exercise
of the power of eminent domain by any governmental authority for any public or quasi-public use, including,
without limitation, a conveyance or assignment in lieu of condemnation or taking,then this Agreement shall
immediately terminate as to any portion of the Easement Area so taken,and the parties hereto shall be released
automatically from all further obligations under this Agreement with respect to area taken, except for those
obligations that expressly survive the termination of this Agreement.The Owner, its successors and assigns,
will be entitled to receive the entire amount of any award made for any partial or complete taking of the
Easement Area.
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4. Construction in Easement Area.
A. If the City elects to construct and/or install any Improvements within the Easement
Area, the City hereby acknowledges and agrees that: (a) all fees, costs and expenses associated with the
Improvements(including,without limitation,the design,permitting,construction,installation,operation,use,
maintenance,repair and replacement thereof)shall be paid in full by the City;(b)the design and construction
of all Improvements shall be performed and completed by the City(i)in a good and workmanlike manner,
(ii) free from liens and defects, and (iii) in full compliance with all laws, rules, regulations, ordinances,
codes and other requirements of governmental and quasi-governmental authorities having jurisdiction;and
(c)upon final completion of the Improvements,the City shall(i)remove all debris,equipment and materials
from the Easement Area, (ii)fill,compact,grade and otherwise restore the Easement Area to substantially
the same condition as existed prior to commencement of the Improvements,including harmonizing the soil
levels within the Easement Area and the lands adjacent thereto, and (iii) keep and maintain the
Improvements (and all parts and components thereof) in good condition, repair and working order at all
times.
B. Following the Owner's Substantial Completion and delivery to the City of the
Park/Streetscape Improvements, if the Owner elects to construct and/or install any infrastructure or other
improvements within or above the Easement Area for Owner's use (the "Owner Improvements"), the
Owner hereby acknowledges and agrees that any such Owner Improvements shall be subject to and contingent
upon the prior approval of the City in accordance with Section 5.9,and further agrees that: (a)all fees, costs
and expenses associated with the Owner Improvements (including, without limitation, the design,
permitting,construction,installation,operation,use,maintenance,repair and replacement thereof)shall be paid
in full by the Owner; (b)the design and construction of all Owner Improvements shall be performed and
completed by the Owner(i)in a good and workmanlike manner,(ii)free from liens and defects,and(iii)in
full compliance with all laws,rules,regulations,ordinances,codes and other requirements of governmental
and quasi-governmental authorities having jurisdiction; and (c) upon final completion of the Owner
Improvements,the Owner shall(i)remove all debris,equipment and materials from the Easement Area,(ii)
fill,compact,grade and otherwise restore the Easement Area to substantially the same condition as existed
prior to commencement of the Owner Improvements, including harmonizing the soil levels within the
Easement Area and the lands adjacent thereto, and(iii)keep and maintain the Owner Improvements (and
all parts and components thereof)in good condition,repair and working order at all times.
5. Miscellaneous.
5.1 This Agreement shall be governed by, enforced and construed under the laws of
the State of Florida. Venue for all actions,litigation and/or other proceedings arising out of this Agreement
shall be exclusively in Miami-Dade County, Florida. BY ENTERING INTO THIS AGREEMENT,
OWNER AND 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 AGREEMENT.
The prevailing party in any action,litigation or other proceeding that is based on any claim,controversy or
other disputed matter arising under,out of or in connection with this Agreement shall recover from the non-
prevailing party all fees, costs and expenses(including, without limitation,reasonable attorneys' fees and
costs through all trial,appellate and post judgment levels and proceedings)incurred by the prevailing party
in such action, litigation or other proceeding.As used herein,the term"Prevailing Party"means the party
who receives substantially the relief sought upon final,non-appealable judgment,order,or other disposition
of a court of competent jurisdiction. The provisions of this Section shall survive the termination or
expiration of this Agreement.
5.2 The parties hereby acknowledge and agree that each has had an opportunity to be
represented by or consult with independent legal counsel and that any rule of construction which provides
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that ambiguities are to be construed against the drafter shall not apply in the interpretation or construction
of this Agreement. If any term,provision or portion of this Agreement is for any reason held to be invalid,
illegal or unenforceable by a court of competent jurisdiction, then such term, provision or portion of this
Agreement shall be given it nearest valid,legal and enforceable meaning,or construed as deleted,whichever
such court may determine,and the same shall not invalidate the remaining terms,provisions and/or portions
of this Agreement, which remaining terms, provisions and portions of this Agreement will remain in full
force and effect.
5.3 This Agreement includes all exhibits attached hereto. This Agreement, together
with all such exhibits, contains the entire agreement and understanding between the parties relating to the
subject matter of this Agreement, and all prior or contemporaneous terms, covenants, conditions,
representations,warranties,statements,agreements and understandings made by or on behalf of the parties,
whether oral or written,are merged herein.
5.4 This Agreement may not be amended, modified or terminated except by a written
instrument executed by the Owner and the City through its City Manager,or his designee,or the successor
administrative officer with jurisdiction over the matter, and which is recorded in the Public Records of
Miami-Dade County,Florida. All provisions of this Agreement, including the benefits and burdens of the
same,are covenants that run with the land,are not intended to be executory in nature,and shall be binding
upon, and shall inure to the benefit of, the parties and their respective, heirs, legal representatives,
successors and assigns.The rights and privileges of the Owner under this Agreement shall also inure to the
benefit of the owners of the Benefitted Parcels and their successors and assigns.
5.5 The failure of any party to insist in any one or more instances upon strict
performance of any term,covenant,condition or other provision of this Agreement will not be construed as
a waiver or relinquishment of the future enforcement of such term, covenant, condition or other provision
of this Agreement.
5.6 Wherever appropriate in this Agreement,the singular shall be deemed to refer to
the plural and the plural to the singular,and pronouns of each gender shall be deemed to comprehend either
or both of the other genders. The section and paragraph headings in this Agreement are for convenience
only and shall not affect the meaning, interpretation or scope of the terms or provisions set forth therein.
5.7 This Agreement may be executed in multiple counterparts, each of which
individually shall be deemed an original,but when taken together shall be deemed to be one and the same
Agreement.
5.8 This Agreement shall never be construed as a conveyance in any manner
whatsoever of fee simple title to any portion of the Property or the Easement Area; it being intended by the
parties that this Agreement conveys only an easement interest with respect to the Easement Area for the
specific uses and purposes set forth herein.
5.9 All of the rights, easements and interests herein created and granted are and shall
be limited to and utilized solely for the uses and purposes expressly set forth herein. Except for Owner's
use of the Easement Area in the same manner as made available to the general public pursuant to the
purposes authorized pursuant to Section 2(a)herein or to effectuate the terms and conditions of the Ocean
Terrace Development Agreement,Owner shall not otherwise use the Easement Area for any other purpose,
or make any Owner Improvements to the Easement Area,without the City's consent,which consent may
be withheld by the City Manager, if the City Manager determines,at his or her reasonable discretion,that
such proposed uses or Owner Improvements would interfere in any material respect with the exercise by
the public or by the City of the rights granted to the public and the City herein.
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5.10 Owner shall not withhold or obstruct City's access to the Easement Area for any
of the purposes authorized in Section 2 of this Agreement.
5.11 This Agreement and the rights, easements and interests herein created and granted
shall only become effective upon the recordation of this Agreement in the Public Records of Miami-Dade
County. This Agreement and the rights,easements and interests herein created and granted shall run with the
Easement Area,and shall be binding on all persons holding title to the Easement Area.
5.12 Nothing in this Agreement shall be construed to create a joint venture,partnership,
tenancy in common,or joint tenancy relationship between the Owner and the City,nor shall this Agreement
render either party liable for the debts or obligations of the other party.
6. Notice. All notices, demands, requests or other communications which may be or are
required to be given, served,or sent by either the Owner or the City pursuant to this Agreement shall be in
writing and addressed as follows:
If to Owner: OTH Streetscape,LLC
1035 North Miami Avenue, Suite 201
Miami,Florida 33136
Attn: Sandor Scher
sscher@clarocorp.com
With a copy to: Akerman LLP
98 SE 7th Street, Suite 1100
Miami,Florida 33131
Attn:Neisen O.Kasdin,Esq.
neisen.kasdin@akerman.com
If to the City: City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
Attn:Jimmy L.Morales,Esq.,City Manager
JimmyMorales(aimiamibeachfl.gov
With copies to: City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
Attn: Roy Coley,Public Works Director
RoyColey(am iamibeachfl.gov
Each party may designate by notice in writing a new address to which any notice, demand, request or
communication may thereafter be so given, served or sent. Any notice or other communication(i) sent by
certified United States mail,postage prepaid,return receipt requested will be deemed effectively given or
received on the third(3rd)business day following the postmark date of such notice or other communication;
(ii)sent by overnight courier or by hand will be deemed effectively given or received upon receipt or refusal,
as the case may be;and(iii)sent by electronic mail will be deemed effectively given or received on the day
of transmission of such notice if sent on a business day before 6:00 P.M. Eastern Standard Time,or on the
following business day if sent after 6:00 P.M.Eastern Standard Time or on a non-business day.Any notice
or other communication given in the manner provided above by counsel for either party will be deemed to
be notice or such other communication from the party represented by such counsel.
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7. City Indemnity. Solely to the extent and limits permitted by Section 768.28 of the Florida
Statutes,and without waiving any rights or defenses therein,the City shall indemnify,defend and hold the
Owner harmless from and against all claims, demands, causes of action, suits, losses, damages, liabilities,
liens, judgments, fees, costs, expenses and other charges (including, without limitation, reasonable
attorneys'fees and costs through all trial,appellate and post judgment levels and proceedings)(collectively,
the "Claims") commenced, incurred and/or paid by or against the Owner to the extent the Claims arise
from: (a)the willful misconduct or negligent use of the Easement Area by the City or any successor,assign
and/or City Grantee thereof expressly approved by the City Commission; (b) the design, construction,
installation, operation, use, maintenance, repair and/or replacement of, or the failure to properly design,
construct,install,operate,use,maintain,repair and/or replace,any Improvements by the City or any successor,
assign and/or City Grantee thereof expressly approved by the City Commission;and(c)any default,breach
or violation of any term,covenant,condition or provision of this Agreement by the City or any successor,
assign and/or City Grantee thereof expressly approved by the City Commission, including, without
limitation,any failure by the City to maintain,repair,and restore the Easement Area and the Park/Streetscape
Improvements in accordance with Section 3 of this Agreement. Notwithstanding anything to the contrary
contained in this Agreement: (y) nothing in this Agreement shall impair, limit or prohibit any rights or
remedies the Owner has against any person or entity using or occupying the Easement Area under,through
or as an assignee of the City or a City Grantee;and(z)the obligation of the City to indemnify,defend and
hold the Owner harmless as set forth herein shall not apply to the extent any such Claims arise from the
gross negligence or willful misconduct of the Owner or any successor, assign and/or grantee thereof.
Nothing herein shall be construed to increase or otherwise waive any limits of liability or immunity afforded
to the City under the laws of the State of Florida, including, without limitation,the limitations of liability
and immunities set forth in Section 768.28 of the Florida Statutes.
8. Insurance. The City agrees to maintain a self-insurance fund,in compliance with Sections
768.28(16)(a) and 440.09, Florida Statutes, in the same manner as provided by the City with respect to
other public right of ways of the City, to cover liability, workmen's compensation, and other claims that
may arise against the City with respect to this Agreement or the use of the Easement Area. Owner shall
maintain insurance sufficient to cover Owner's liability exposure with respect to the Easement Area,which
insurance shall include Commercial General Liability Insurance, including Products-Completed
Operations and Contractual Liability,in an amount not less than$1,000,000 combined single limit per
occurrence, and $2,000,000 in the aggregate,for bodily injury and property damage, and Workmen's
Compensation as required by law. Owner shall name the City as an additional named insured on the
Certificates of Insurance for Commercial General Liability Insurance, and upon request of the City,
shall provide City with a certificate of insurance evidencing the foregoing coverages.
9. Owner Indemnity. The Owner shall indemnify, defend and hold the City harmless from
and against all Claims commenced, incurred and/or paid by or against the City to the extent the Claims
arise from the design,construction,installation,operation,use,maintenance,repair and/or replacement of,
or the failure to properly design, construct, install,operate,use,maintain,repair and/or replace, any Owner
Improvements by the Owner. Notwithstanding anything to the contrary contained in this Agreement,the
obligation of the Owner to indemnify,defend and hold the City harmless as set forth herein shall not apply
to the extent any such Claims arise from the gross negligence or willful misconduct of the City, any
successor or assign of the City,any City Grantee,and/or the general public.
10. Liability Limitation. The Owner, pursuant to and in accordance with the terms and
conditions of this Agreement, makes the Easement Area available to the public free of charge for
outdoor recreational purposes. Accordingly, to the maximum extent permitted by law, Owner may
avail itself of the limitations of liability afforded pursuant to Section 375.251, Florida Statutes,to the
fullest extent applicable to the Easement Area.
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11. Ad Valorem Taxes and Assessments.The parties acknowledge that the Easement Area
historically has been used and controlled by the City as a public right-of-way and, therefore,has been
exempt from ad valorem taxation and assessments. As this Agreement is intended to ensure the
continued use of the Easement Area solely for public purposes, the City covenants to cooperate with
any efforts by the Owner to exempt the Easement Area from ad valorem taxation, by providing
documentation to Owner,as may be reasonably necessary,to evidence the public uses of the Easement
Area. Notwithstanding the foregoing, Owner shall be solely responsible for the payment of any ad
valorem taxes or assessments, if any, with respect to the Easement Area.
12. Mortgages and Encumbrances.This Agreement is made subject to,and with the benefit
of, all matters of record. To the extent the Easement Area is presently encumbered by a mortgage,
Owner agrees to request that its mortgagee join in and consent to this Agreement and subordinate its
mortgage lien to the easements granted herein. In addition, the Owner hereby reserves the right, for
itself and its successors and assigns,to encumber all or any portion of the Easement Area, at any time
and from time to time,with one or more mortgages,deeds of trust,or other financing instruments.Any
mortgage hereafter encumbering or otherwise affecting any portion of the Easement Area shall at all
times be subject and subordinate to the terms of this Agreement(and any modifications thereto, from
time to time), and any party foreclosing any such mortgage, or acquiring title by deed in lieu of
foreclosure, shall acquire title subject to all of the terms and provisions of this Agreement (and any
modifications thereto, from time to time).No breach of the provisions of this Agreement shall defeat
or render invalid the lien of any mortgage made in good faith for value covering any part of the
Easement Area and any improvements thereon.
13. Assignment. Prior to Substantial Completion of the Park/Streetscape Improvements in
accordance with the Ocean Terrace Development Agreement,the Owner shall only be permitted to assign or
transfer its rights and/or delegate the performance of its obligations under this Agreement to a"Permitted
Transferee,"as defined in the Ocean Terrace Development Agreement.Following Substantial Completion
of the Park/Streetscape Improvements, the Owner may assign or transfer its rights and/or delegate the
performance of its obligations under this Agreement to any person or entity in accordance with the Ocean
Terrace Development Agreement,so long as such person or entity is a subsequent owner or mortgage lender
of the adjacent development parcels subject to the Covenant in Lieu of Unity of Title as contemplated in
the Ocean Terrace Development Agreement,or is an organization or association of unit owners and/or
parcel owners designated with the responsibility of maintenance of common areas in connection with
the development or operation of such adjacent development parcels.Owner's successors and/or assigns
shall not include individual unit owners, unless such individual unit owners are an organization or
association of unit owners and/or parcel owners or a successor-in-interest to the Ocean Terrace
Development Agreement as described above. The City may, in its sole discretion, transfer or assign this
Agreement at any time only to a successor municipal corporation, provided,however, that nothing herein
shall be deemed a limitation on City's or any successor municipal corporation's right to permit its invitees,
agents, employees, licensees and the public to use the Easement Area in accordance with this Agreement.
All other transfers, assignments, and delegations are prohibited(and, if attempted, void) absent the other
party's prior written consent, which consent such other party may condition or withhold in its sole
discretion. A party completing any permitted transfer,assignment,or delegation will promptly provide the
other party with a written instrument evidencing the completion of such transaction. Upon any transfer,
assignment,or delegation completed in accordance with this Section,the rights and obligations of the party
completing such transfer, assignment, or delegation will be binding only on such party's transferee,
assignee, or delegatee, as the case may be, and the other party will look only to such transferee,assignee,
or delegatee for performance under this Agreement. In the case of a transfer,assignment,or delegation to
an organization of unit owners and/or parcel owners,the obligations of the Owner pertaining to such
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portion transferred, assigned, or delegated shall be binding only upon the organization of unit/parcel
owners, and not upon the declarant or any particular unit/parcel owner, except to the extent otherwise
specifically provided in the declaration governing such organization.
14. Enforcement. The rights, privileges, and remedies granted by this Agreement are
enforceable exclusively by the City and the Owner.Nothing in this Agreement,whether express or implied,
confers upon the general public any enforcement rights against the Owner.Notwithstanding anything to the
contrary, neither party will be in breach of this Agreement, and no enforcement may be sought against a
party through any means,unless such party(i)receives a written notice from the other party,detailing with
specificity the ways in which such party is in breach of this Agreement,and(ii)fails to remedy such breach
within fifteen (15) days from the date of such written notice, or, if the breach is susceptible to cure but
cannot reasonably be cured within fifteen(15)days,then within forty-five(45)days from the date of such
written notice,provided the breaching party promptly commences and diligently pursues the curing of such
breach within the initial fifteen(15)day period.
15. Remedies. The parties may enforce the terms of this Agreement by injunctive relief,
mandamus, and by any other remedies available at law or in equity, except for rescission, revocation or
termination of this Agreement, or any other remedy which would deprive the public with the right to use
the Easement Area in accordance with this Agreement.All rights,remedies,and privileges granted to any
party under this Agreement are cumulative, and the exercise of any one or more such rights, remedies, or
privileges will not preclude the exercising party from exercising any other rights, remedies, or privileges
available to such party under this Agreement or at law or in equity.
16. Estoppel. The City will, no later than fifteen(15)business days after a written request
therefor by the Owner, by any of the Owner's mortgagees or lenders, or by anyone claiming by or
through the Owner (including, without limitation, the Owner's successors, assigns, and transferees),
and upon payment of the reasonable fees to cover the City's expenses for any third-party resources
required to comply, issue a written estoppel certificate, in recordable form, to the requesting party,
certifying as to any matter related to this Agreement that the requesting party may reasonably request
of the City,including,without limitation,(i)that this Agreement,or any particular paragraph or section
of this Agreement specified by the requesting party, is in full force and effect and unmodified (or in
what respects this Agreement is no longer in force or effect or has been modified); (ii)that all monies
due and payable under this Agreement, if any,have been paid(or in what respects monies are owed);
and (iii) that to the City's knowledge, the Owner is in compliance with this Agreement or with any
particular paragraph or section hereof specified by the requesting party (or in what respects there is
noncompliance). Such estoppel certificates will be binding on the City and its successors and assigns,
and may be relied upon by the Owner, its mortgagees and lenders, and by all others claiming by or
through the Owner. Notwithstanding the foregoing section or any representations in any estoppel
certificates issued thereunder, City shall not be estopped as to matters to which it did not have
knowledge.
[EXECUTION PAGES TO FOLLOW]
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IN WITNESS WHEREOF, the City has caused these presents to be signed, sealed, executed and
acknowledged on the J "day of December 2019, in its name by its proper officials.
CITY OF MIAMI BEACH,
a Florida munic'.. o a e :tion
(,rttC_ @&)7P,1U
�� By:�'
Print Name: r ��rQev14e c Dan Gelber
11 Mayor
'tint Name: AlIc OWL_ alar ye" ATTEST/ PM1, „
784 Rit° i Lq
STATE OF FLORIDA ) !N(O�P ORATEDD
Rafael E.Granath),City Clerk I /.I
) SS: cH..26a``;:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this "-' day of December 2019 by Dan
Gelber,as Mayor of the City of Miami Beach,a Florida municipal corporation. He is personally known to
me or has produced as identification and who did/did not take
a'n oath.
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"'Y""'•,, YAMILEX MORALES NOTARY PUBLIC
•
• ' Notarypubilc-State of Florida Ya ,y�r/fix /'y)tca�PS
•'�'' Commission f GG 071355
1 '•.;�,'1`sd,• My Comm.Expi res Mar 16,2021 Typ-a or printed Name of Notary
••,,.o Bonded through NallondNotary Assn. My Commission expires:
Serial No., if any
APPROVED AS TO
FORM & LANGUAGE
& FOR 7XECUTION
City Attorney Dote
IN WITNESS WHEREOF, the Owner has caused these presents to be signed, sealed,executed and
acknowledged on the /D day of December 2019, in its name by its proper officials.
OTH STREETSCAPE,LLC,
a Delaware limited liability company
4PV/166(/‘1‘13/
By: OCEAN TERRACE HOLDINGS,LLC,
'' a Delaware limited liability company,
�{Print Name: t 11S
its sole member /
_ - By: f�
t N:-r e: I Sandor Scher
Managing Director
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this'day of December 2019 by Sandor
Scher,as Managing Director of Ocean Terrace Holdings, LLC, a Delaware limited liabili • .. •,
sole member of OTH Streetscape, LLC, a Delaware limited liability company H= ' personally known to
me or has produced as identifica, • . - . •'. a'. not take
an oath.
OT• RY PUBr � y'; JULIANNE PRESS
p/.Kms , Notary Public-State of Florida
c.,—Noon o CC 299i le '
Typed o printe ers FebN:a6ry2021Ass
My Com issioi
Serial N.., if any
EXHIBIT"A"
LEGAL DESCRIPTION:
A portion of the Right—of—Way of 74th Street, 75th Street and Ocean Terrace that adjoins Lots 1 through 7, 8
and 14, Block 1, TOWNSITE OF HARDING, according to the Plat thereof, as recorded in Plat Book 34 at Page 4, of
the Public Records of Miami—Dade County, Florida, being more particularly described as follows:
Begin at the Southeast corner of said Block 1; thence N 02'58'50" W along the East line of said Block 1, also
being the West Right—of—Way line of said Ocean Terrace (First Avenue per Plat Book 34 at Page 4) for 350.00
feet to the Northeast corner of said Block 1; thence S 86'59'28" W along the North line of said Block 1, also
being the South Right—of—Way line of said 75th Street, (First Street per Plat Book 34 at Page 4) for 296.00 feet
to the Northwest corner of said Block 1; thence N 02'58'50" W along the Northerly prolongation of the West line of
said Block 1, also being the East Right—of—Way line of Collins Avenue for 40.00 feet; thence N 86'59'28" E along
the North line of Government Lot 7, lying in Section 2, Township 53 South, Range 42 East, also being the North
line of Plat Book 34 at Page 4 for 356.00 feet; thence S 02'58'50" E along the East Right—of—Way line of said
Ocean Terrace (First Avenue per Plat Book 34 at Page 4) for 420.00 feet; thence S 86'59'28" W along the
centerline of said 74th Street (Second Street per Plat Book 34 at Page 4) for 356.00 feet; thence N 02'56'50" W
along the Southerly prolongation of said West line of Block 1 and East Right—of—Way line of Collins Avenue (Second
Avenue per Plat Book 34 at Page 4) for 30.00 feet to the Southwest corner of said Block 1; thence
N 86'59'28" E along the South line of said Block 1, also being the North Right—of—Way line of said 74th Street
(Second Street per Plat Book 34 at Page 4) for 296.00 feet to the Point of Beginning.
SURVEYOR'S NOTES:
— This site lies in Section 2, Township 53 South, Range 42 East, City of Miami Beach, Miami—Dade County, Florida.
— Bearings hereon are referred to an assumed value of N 02'58'50" W for the centerline of Collins Avenue.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of records.
— Lands shown hereon containing 45,920 square feet, or 1.054 acres, more or less.
— This is not a "Boundary Survey" but only o graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2016-170—NGVD.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on November 22, 2019,
and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027,
Florida Statutes.
"Not valid without the signature and the original raised
seal of a Florida Licensed Surveyor and Mapper"
FORTIN, LEAVY, SKILES, INC., LB3653Digitally signed by Daniel C Fortin
Daniel C DN:c=US,o=ldenTrust ACES
Unaffiliated Individual,cn=Daniel C
Fortin,
0.9.2342.19200300.100.1.1=A01097
Daniel Fortin, For The Firm F o rt i n
Surveyorr and Mapper, LS6435 C00000161773B91FA0000E42F
State of Florida. Date:2019.12.03 14:29:39-05'00'
Drawn By MAP ' t LEGAL DESCRIPTION, NOTES& CERTIFICATION, Date 11/22/19
Cad. No. 190176 Scale NOT TO SCALE
Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 191077
2016-170 CONSULTING ENGINEERS, SURVEYORS &MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-007—T
180 Northeast 168th. Street/North Miami Beach,Florida. 33 162
Plotted: 11/22/19 1:31 pJ Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com Sheet 1 of 3 J
EXHIBIT"A"
NO2'58'50`W rCENTERUNE OF
75TH STREET 75TH STREET
40•� N86'59'28"E 356.00
.. ....
::.:::::::-:.::.. ... {P1dBL.1G R1Ck�T{�)=i+1tAYJ
Non LINE OF
eovERNMENT 1.oT 7 T".1iS'C 9Tf.14E-1,-......i....:1,-.1
WXT Pl,":t:V SAfVQ1 pn g.4}
iO $OtITO 175 Q WAY UNE :
OF 757N STREET
; o
S8659 28 WI 296.00'
N.W. CORNER NORTH UNE N.E. CORNER
I OF BLOCK 1 LOT8 OF BLOCK 1 LOT 1 OF BLOCK 1
it W
V)
z I— LOT 9 ;
Z GRAPHIC SCALE `` NLOT2
30 60
f1-----) I 0 120
r
I
IN FEET • ::'>'>:: ::>: :' '>;'::::
LOT 3 sc;;:i:;:;:i:i;ii:i
',moi :::;::::. :::.
WEST UNE LOT10 EAST UNE :
W OF BLOCK 1 OF BLOCK 1 � �`''
TOWNSITE OF HARDING :;:;;i:
Y 3 PLAT BOOK 34 PAGE 4 ''':"
� LOT 11 `is:::::.........:::re>iir;:i;:
O LOT 4 :: :::::e:::::
Q ' 1- I a i:i:i:i:ii t is :::: :::,.:.;a =
7 _ _
LOT 12 LOT 5 bo::..r.-:.:.:v:::::::::::::::::::::::::::::::::::::::::,..::::::,
J o a .Z I N::.::::.:::::::::.:::::::.:.::::::::,::::::::::1:14. ::::_::::;;:::>:_
—''yf`> :r >::::>_t:
: : : ::yLOT13 LOT6 ::. : =:-:: i * ::: w
: 3 ...r
c
IIIII�'N'4111 „: ...� N
o II —iii:> i:i::::i. ... in
NORTH RIGHT OF WAY UNE LOT 7 >:'::: :..:::�;::r:=i;ii;iii;iW:::;,.i::<
IIIT III� OF 74Th STREET
µ POINT OF >:y:»> ,:: '
LOT 14 BEGINNING ::::: ::�::: -....:_::: ;`:
S W. CORNER SOUTH UNE S.E. CORNER OF BLOCK 1
OF BLOCK 1OF BLOCK 1
N86'59'28"E I 296.00'
NO2'58'50"W C4-:. i.. .
30.00' .";: 74TH STREET gpooluNE OF
tPL1BLC RIGHT OF WAY} 74T STREET
S86'59'28"W (SECOND STREET-PLAT BOOK 34 PAGE 4) 356.00' O
Drawn By MAP ..1 SKETCH OF DESCRIPTION Date 11/22/19
Cad. No. 190176 Scale 1"=60'
Ref. Dwg. F ORTIN, LEAVY, S KILES, INC. Job. No. 191077
2016-170 CONSULTING ENGINEERS, SURVEYORS&MAPPERS
FLORIDA CERTIFICATE OF ATTTI3ORIZATION NUMBER:00003653 Dwg. No. 1019-007—T
180 Northeast 168th. Street/North Miami Beach,Florida_33162
Plotted: 11/22/19 1:31 J Phone:305-653-4493/Fax 305-651-7152/Email fls(a3flssurvey.com Sheet 2 of 3
EXHIBIT "A"
"
75TH STREET = _ y
Lii BLOCK 1 z
Th zw
W U
:�
OQ-3 Q74J V O 22
73RD STREET
7i1
72ND STREET
op, ,ilii
N r
Drawn By MAP -, ' LOCATION SKETCH \ Date 11/22/19
Cad. No. 190176 Scale NOT TO SCALE
Ref. Dwg. F ORTIN, LEAVY, S KILES, INC. Job. No. 191077
2016-170 CONSULTING ENGINEERS, SURVEYORS &MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-007—T
180 Northeast 168th. Street/North Miami Reach,Florida. 33162
Plotted: 11/22/19 1:31 pJ Phone:305-653-4493/Fax 305-651-7152/Email fls@tlssurvey.com Sheet 3 of 3 J
OR E'-F; 31721 PG 59
LAST PAGE
Exhibit"B"
Legal Description of the Benefited Parcels
Lots 1,2, 3,4, 5, 6, 7, 8,9, 10, 11, 12 and 13 in Block 1 of TOWNSITE OF HARDING,according to the
Plat thereof,as recorded in Plat Book 34,Page 4,of the Public Records of Miami-Dade County,Florida.