Seawall Agreement 2.3 - Z 9 71
This Instrument Prepared
by and return to:
Raul J. Aguila, City Attorney
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
A portion of Folio Number: 02-3226-001-0990
SEAWALL AGREEMENT
Re: Class 1 Permit Application ("Permit") related to the installation of the seawall ("Seawall")
by the City of Miami Beach,Florida(the"City"),adjacent to a portion of the property,having
the street address of 2811 Indian Creek Drive ("Property"), as more particularly described
in Exhibit"A", attached hereto;
Owner of Property: Watercup 2811, LLC ("Owner")
Pursuant to this Seawall Agreement("Agreement"), the City and Owner agree as follows:
Consideration and Cooperation. As consideration for the City's installation of the Seawall,
at the City's.sole cost and expense, Owner agrees to execute the Permit. Additionally, Owner
and its successors and/or assigns agree to execute any subsequent permit, which the City or
other authorities having jurisdiction may require in connection with the Seawall, after Owner's
review, as long as the scope of work does not impair Owner's use of the Property. This approval
in no way creates a partnership or gives the City any ownership, lien, vested rights or otherwise
in the use or occupancy of the Property.
Indemnification. To the extent permitted by Florida law, and subject to the limitations on
the City's liability in Section 768.28, Florida statutes, the City of Miami Beach, Florida, and its
successors and assigns,expressly agree to save,defend, indemnify and hold harmless Watercup
2811, LLC, its officers, employees, agents, or contractors (collectively, "Owner Indemnified
Parties),from and against any and all loss, liability,damages, claims,costs, reasonable attorneys'
fees and expenses (collectively, "Losses"), arising out of or related to the City's sole negligence
in connection with the installation of the Seawall. Notwithstanding the foregoing indemnification,
the City makes no warranty regarding the Seawall and Owner hereby disclaims any and all implied
warranties of merchantability and fitness, fitness for a particular purpose, intended use,
workmanship or construction respecting the Seawall imposed by statute, case law or
otherwise. The City's indemnification obligation, as set forth herein, shall not include any Losses
arising out of or related to the negligence of the Owner Indemnified Parties.
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Remedies. The terms of this Agreement may be enforced by injunctive relief and any
other available remedies. In any action at law or in equity between the parties occasioned by a
default hereunder, the Prevailing Party shall be entitled to collect its reasonable attorneys' fees
actually incurred in the action from the non-prevailing party at trial and all appellate levels. As
used herein, the term "Prevailing Party"shall mean the party who receives substantially the relief
sought.
Covenants Run with the Land. The provisions of this Agreement shall constitute
covenants running with the land, and shall be binding upon the parties hereto, their successors
and assigns.
Recording. This Agreement may be recorded by the City, at the City's cost, in the Public
Records of Miami-Dade County, Florida.
Sovereign Immunity/No Waiver of City Police Powers. Nothing contained in this
Agreement shall be construed as a waiver of the City's right of sovereign immunity. Additionally,
nothing in this Agreement or in the parties' acts or omissions in connection herewith shall be
deemed in any manner to waive, impair, limit, or otherwise affect the authority of the City in the
discharge of its police or governmental powers.
[Signature Pages Follow]
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Signed, witnessed, executed and acknowledged this day of OOnn , 2020.
Signed, sealed and delivered
in the presence of:
Wit sses: ./ Watercup 2811 LLC,
lliiLdi
a Florida limited liability company
r Q Cls r2 N JAB Services, LLC, a Florida lira ted
Prin .• e• liability company, Manager
.r 1/, , , '4 a I
_,,ii ,..i � � By: •ATW Family
C 4 1 z 1v Lii,L By: , 1PiAUIiF
Print Name: Print Name: Iumart�(filc Vl
Title: ► A iMOMS
I AV//' •
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me, m a s o J
g g gn f physical
pre nen .1i,. ,or o fine notarization, this day of er' , 2020 by
Uln (1J41VSS-r 1' . as on behalf of Watercup 2811
LLC, Florida limited liability company, who is person Ily known to me or[ ]who has produced
as identification. t i
ii
My Commission Expires: Notarublic, State of Florida
V11r,2stt;;; % My ioN#GG315239
�� ,�5 E.q;Apra 3,202;1
".�1.tQB 1hmNotaryFubstunfrOiets
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Signed, witnessed, executed and acknowledged this 13 day of CT°3 , 2020.
Signed, sealed and delivered
in the presence of: City of Miami Beach, Fl'ride,
a Florina municipal corgi ation
Witnes
Ai
��. ss� — BYmI�
Ji t y L. Morae , City Manager
�� '-.1c..- ,, a t�
Print
_ggC_________ '
Attest:''
Print Name: Rafael E. Granado, Clerk
APPROVED AS TO
FORM.t LANGUAGE
a E EX CL3TION
c____R
, S\7M
__
Caty At�orne I ate
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before by means of physi
mcal
presence or online notarization, this / ay of , 2020 by Jimmy L.
Morales and Rafael E. Granado, as City Mana and City Clerk, respectively, of the City of Miami
Beach, a Florida m nicipal corporation, , [ who are personally known • me . i ] who have
produced Oar�O- as identi 'ca on. k
My Commission Expires: otary Public, State of F[.ride
;<t* CARMEN B.HERNANDEZ
,; ;# MY COMMISSION#GG 208676
:,;✓ .F. EXPIRES:August 3,2022
'••FOF Fro''• Bonded Thru Notary Public Under (;
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Exhibit "A"
Legal Description
All that certain tract of land lying West of Indian Creek Drive and East of Indian Creek, the North
line of which is the North line of Lot 11, Block 10, extended Westwardly to Indian Creek and the
South line of which is the South line of Lot 11, Block 10, extended Westwardly to Indian Creek,
Amended Map of Ocean Front Property of the Miami Beach Improvement Company, recorded in
Plat Book 5, Page 7, Public Records of Miami-Dade County, Florida
A portion of Folio Number: 02-3226-001-0990
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