Amendment No. 1 Abbott Avenue Partners, LLC Vacation Agreement 2--c511 -301
CONFIDENTIAL SECURITY SYSTEM PLAN
EXEMPT FROM DISCLOSURE PURSUANT TO SECTION 119.071(3),FLORIDA
STATUTES
This instrument prepared by and
upon recordation return to:
Raul J. Aguila, City Attorney
City of Miami Beach, Florida
Office of the City Attorney
1700 Convention Center Drive
Miami Beach, Florida 33139
AMENDMENT NO. 1
TO
VACATION AGREEMENT
AMONG
THE CITY OF MIAMI BEACH, FLORIDA, ABBOTT AVENUE PARTNERS, LLC,
PUMPS AT 71, LLC AND 7433 COLLINS AVE CORP.
This Amendment No. 1 ("Amendment")to the Vacation Agreement, dated November
18, 2019, by and among The City of Miami Beach, Florida, a Florid municipal corporation (the
"City"), Abbott Avenue Partners, LLC , a Delaware limited liability company; Pumps At 71, LLC,
a Delaware limited liability company; and 7433 Collins Ave Corp., a Florida corporation
(collectively the "Developer"), is entered into this day of , 2020 (Effective
Date):
RECITALS
WHEREAS, on July 31, 2019, the Mayor and City Commission of the City of Miami
Beach adopted Resolution No. 2019-30928, vacating that portion of the northern half of
any alley known as "Abbott Court", consisting of approximately 3,521 square feet in total
lot area and the alley known as "Normandy Beach Court", consisting of approximately
1,000 square feet in total lot area,with the foregoing alleys located between Byron Avenue
and Abbott Avenue, from 71st Street to 72nd Street (collectively, the
City Alleys"), in favor of the Developer, collectively the abutting property owners; and
further providing that the vacation of the City's Alleys shall be subject to and conditioned
upon the Developer's execution of a vacation agreement and delivery of certain public
benefits to the City, including the dedication of the Southern forty (40)feet of 7117 Byron
Avenue, connecting Byron Avenue to Abbott Court, and consisting of a total of 4,741
square feet (the "New City Alley"), with approximately 2,543 square feet of the New City
Alley be dedicated for public use as an alley for pedestrian and vehicular travel, and with
approximately 2,198 square feet of the New City Alley to be dedicated as a new
stormwater retention area, and improved as a bioswale, at Developer's sole cost and
expense; and
WHEREAS, on November 18th, 2019, the City and the Developers executed the
Vacation Agreement(the Agreement), which was subsequently recorded on December 5,
2019, in Official Records Book 31715, at Page 398, of the Public Records of Miami-Dade
County, Florida; and
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CONFIDENTIAL SECURITY SYSTEM PLAN
EXEMPT FROM DISCLOSURE PURSUANT TO SECTION 119.071(3),FLORIDA
STATUTES
WHEREAS, the City and Developer wish to amend the Agreement to incorporate
an agreed upon template for the perpetual exclusive easement which Developer is
required to grant the City pursuant to Section 4.6 of the Agreement.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Developer hereby agree to amend the Agreement as
follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby amended (deleted items struck through and inserted
items underlined) as follows:
The following new sentences shall be added to the end of subsection 4.6 of the
Agreement:
The exact location of the easement area will be determined by the mutual
agreement of the parties, which shall not be unreasonably withheld. To
memorialize the easement required in this Section 4.6, the City and Developer
agree to execute the easement in the form incorporated herein by reference and
attached hereto as Exhibit"D". In connection with the execution of the easement,
Developer shall provide the City with an Opinion of Title and secure the
joinder/signatures of any parties which the City requires to effectuate its easement
rights, based upon the then existing title conditions.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of
this Amendment shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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CONFIDENTIAL SECURITY SYSTEM PLAN
EXEMPT FROM DISCLOSURE PURSUANT TO SECTION 119.071(3),FLORIDA
STATUTES
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEA' H, FLORIDA
a Flor',•a municipal corporation
:iii C.,rP�•Gr,.�l�.
ATTEST: h...:
By: 7?)/1 12'' M
Rafael E. • _
ranado, City Clerk Jim 1, L. Mori& , City Manager
EWE. AS TO
FO �•' :�'' GUAGE
Print Name: _450M �A-a-vk't-0(IS ECUTION
to F v a, gd. __ -----_. ___ -•
Date j i.�- Date
City Attorney
STATE OF FLORIDA }
}SS:
COUNTY OF Akkitytti‘c-Nxe a; }
The foregoing instrument was acknowledged before me by means of physical
presence or online notarization this Z day of Occb ( , 2020, by Jimmy L.
Morales, City Manager of the City of Miami Beach, Florida, who is personally known to me or
has produced a as identification on behalf of the corporation.
NOTAR ; PUBLIC
Print Name: ,or�c ick D. Mr^
My Commission Expires: i,r I la
Lt.
PATRICK D.CAMM
4 ;�; MY COMMISSION#GG 209247
•
EXPIRES:Aprif 19,2022
°•e Bonded Thru Notary Public Undenxriters
. n'4
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CONFIDENTIAL SECURITY SYSTEM PLAN
EXEMPT FROM DISCLOSURE PURSUANT TO SECTION 119.071(3),FLORIDA
STATUTES
FOR DEVELOPER:
ABBOTT AVENUE PATNERS, LLC,
A Delaware limited liability
company
ATTEST:
Robert Finvarb, Manager
Print Name
Print Name:
STATE OF FLORIDA }
}SS:
COUNTY OF }
The foregoing instrument was acknowledged before me by means of physical
presence or online notarization this day of , 2020, by Robert Finvarb,
as Manager of ABBOTT AVENUE PARTNERS, LLC, a Delaware limited liability company, who
is personally known to me or has produced a as identification on
behalf of the corporation.
NOTARY PUBLIC
Print Name:
My Commission Expires:
4
CONFIDENTIAL SECURITY SYSTEM PLAN
EXEMPT FROM DISCLOSURE PURSUANT TO SECTION 119.071(3),FLORIDA
STATUTES
PUMPS AT 71 LLC,
A Delaware limited liability
company
ATTEST:
Robert Finvarb, Manager
Print Name
Print Name:
STATE OF FLORIDA }
}SS:
COUNTY OF }
The foregoing instrument was acknowledged before me by means of physical
presence or online notarization this day of , 2020, by Robert Finvarb,
as Manager of PUMPS AT 71, LLC, a Delaware limited liability company,who is personally known
to me or has produced a as identification on behalf of the corporation.
NOTARY PUBLIC
Print Name:
My Commission Expires:
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CONFIDENTIAL SECURITY SYSTEM PLAN
EXEMPT FROM DISCLOSURE PURSUANT TO SECTION 119.071(3),FLORIDA
STATUTES
7433 COLLINS AVE CORP.,
a Florida corporation
ATTEST:
Juliette Klepach, President
Print Name
Print Name:
STATE OF FLORIDA }
}SS:
COUNTY OF }
The foregoing instrument was acknowledged before me by means of physical
presence or online notarization this day of , 2020, by Juliette Klepach,
as President of 7433 COLLINS AVE CORP., a Florida corporation, who is personally known to
me or has produced a as identification on behalf of the corporation.
NOTARY PUBLIC
Print Name:
My Commission Expires:
6
CONFIDENTIAL SECURITY SYSTEM PLAN
EXEMPT FROM DISCLOSURE PURSUANT TO SECTION 119.071(3), FLORIDA STATUTES
This instrument prepared by and
Victor A. Recondo, Esq.
2999 N.E. 191 Street, Suite 800
Aventura, Florida 33180
upon recordation return to:
Gisela Nanson Torres, Senior Assistant City Attorney
City of Miami Beach, Florida
Office of the City Attorney
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
GRANT OF EASEMENT
This GRANT OF EASEMENT (this "Agreement"), dated as of (the
"Effective Date"), is hereby made by and between ABBOTT AVENUE PARTNERS, LLC, a
Delaware limited liability company, having an address at 2999 N.E. 191 Street, Suite 800,
Aventura, Florida (hereinafter, the "Grantor") and CITY OF MIAMI BEACH, a Florida municipal
corporation, having an address at 1700 Convention Center Drive, Miami Beach, Florida 33139
(hereinafter, the "Grantee"). For good and valuable consideration of Ten Dollars and 00/100
Dollars ($10.00), and other valuable considerations paid, including as more particularly described
in that certain Vacation Agreement, dated, November 18, 2019, recorded on December 5, 2019,
in Official Records Book 31715, at Page 398, of the Public Records of Miami-Dade County,
Florida, the receipt and sufficiency of which are hereby acknowledged under seal, Grantor hereby
grants to, Grantee the exclusive, perpetual right and easement as described in Section 1 below
in, under, through, over, across, and upon the Grantor's land, as described in Section 2 below
(the "Grantor's Land") at no cost to Grantee.
1. Description of the Easement. The easement granted by the Grantor to the Grantee
consists of an exclusive, perpetual easement (the "Easement"), with the right, privilege, and
authority to:
(a) Construct, reconstruct, repair, replace, maintain and operate, at Grantee's
sole cost and expense, public safety CCTV system, including cameras and associated
poles and other associated equipment (collectively, the "Cameras"); and a rooftop
antennae, associated equipment necessary to operate the rooftop antennae, poles,
transmitters, battery chargers, (collectively, the "Antennae") (the "Cameras" and
"Antennae"shall be collectively referred to herein as the"Facilities")on the improvements
("Improvements") located on Grantor's Land, which Improvements will include a building
("Building"), in a configuration necessary to accommodate installation, operation,
maintenance and repair of the Facilities; and an equipment room space ("Equipment
Room") within the Building to be used by Grantee for the installation of any equipment
needed to operate the Facilities, which Facilities and Equipment Room are more
particularly described in the Sketch and legal descriptions contained on Exhibit "A",
attached hereto and made a part hereof(collectively, the "Easement Area").
(b) The Easement Area for the Antennae shall be of those certain positions on
the roof which shall be sufficient height, now or in the future, so that the signals transmitted
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EXHIBIT
CONFIDENTIAL SECURITY SYSTEM PLAN
EXEMPT FROM DISCLOSURE PURSUANT TO SECTION 119.071(3), FLORIDA STATUTES
and received thereby will not be impeded by the building or any other structure mounted
thereon, as reasonably determined by Grantor and Grantee.
(c) The Easement Area for the Cameras shall include locations on Grantor's
Land at ground level, at approximately twelve feet (12') in height, providing coverage for
the following views: (1) 71st Street and Abbott; (2) 72nd Street and Abbott; (3) 72st Street
and Byron; and (4) 72nd Street and Byron. Additionally, the Easement Area for the
Cameras shall include rooftop areas providing coverage for the following views: (1) 71st
Street corridor, (2) 72nd Street Corridor, and (3)Abbott Court corridor.
(d) From time to time,without further payment therefor, clear and keep cleared,
the Easement Area of any and all aboveground or belowground structures, improvements,
or other obstructions and trim and/or remove other trees, roots and vegetation adjacent to
the Easement Area that, in the opinion of Grantee, may interfere with the construction,
operation, and maintenance of the Facilities. The first clearing may be for less than the full
width and may be widened from time to time to the full width.
(e) the non-exclusive use of underground spaces on Grantor's Land and the
telephone distribution systems, boxes and facilities, as well as vertical and horizontal
risers and conduits in and outside of any Improvements, for the sole purposes of installing
electrical power and other infrastructure needed to operate the Facilities; the non-
exclusive right to pass and repass along the Easement Area to and from the adjoining
lands and pass and repass over, across, and upon the Grantor's Land to and from the
Easement Area; and construct, reconstruct, relocate, use, and maintain such footbridges,
causeways, and ways of access, if any, thereon, as is reasonable and necessary in order
to exercise to the fullest extent the Easement.
(f) Grantee shall have access to the Easement Area on a 24-hour basis,seven
(7) days a week and across that portion of the Grantor's Land and Easement Area for the
purposes of inspecting the Easement Area and/or performing work and services relating
to the construction, reconstruction repair, replacement, maintenance and operation of the
Facilities and Equipment Room, including removing any equipment within the Easement
Area (collectively "Work"). Grantee's representatives and designated vendors performing
Work on behalf of Grantee shall similarly be allowed access to the Grantor's Lands and
Easement Area when performing Work; provided, however, Grantee, agrees that all Work
shall be performed Monday through Friday, 9:00 am to 5:00 pm, except it the case of
emergency, in which case, the preceding sentence shall not apply. In each instance
except in the case of emergency, Grantee shall provide a minimum of forty-eight (48)
hours prior notice to Grantor before accessing the Easement Area.
(g) Grantor retains the right to grant easements to other entities, for the use of
other portions of Grantor's Land including the rooftop of the Building; provided, that such
use does not unreasonably interfere with the Grantee's rights. Grantor's right to grant
easements on the rooftop shall include the right to permit cellular towers or other
telecommunications equipment to be placed on the rooftop. If it is determined that other
vendor's equipment will cause measurable interference to the use and operation of the
Facilities, such competing vendor will not be allowed to set up its equipment on Grantor's
Land. If a vendor is allowed to operate equipment on Grantor's Land, but later vendor's
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CONFIDENTIAL SECURITY SYSTEM PLAN
EXEMPT FROM DISCLOSURE PURSUANT TO SECTION 119.071(3), FLORIDA STATUTES
equipment is found to cause measurable interference with Grantee's Facilities, after thirty
(30) days written notice from Grantee to Grantor, such vendor's equipment will be shut
down until the vendor corrects the interference problem. If such interference problem
cannot be eliminated, then the vendor's equipment must be permanently removed upon
written sixty(60) days prior written notice from Grantee to Grantor.
2. Description of Grantor's Land. Grantor is the fee owner of certain land located in
the City of Miami Beach, County of Miami-Dade and State of Florida legal described on Exhibit
B attached hereto and made a part hereof.
3. Location of the Easement Area. The Easement Area shall consist of a portion of
the Grantor's Land, as described in Exhibit A attached hereto and made a part hereof.
4. Term. This Agreement shall remain in full force and effect and shall be binding
upon the Grantor, its successors in interest and assigns, for a period of thirty (30) years, and for
successive ten (10) year periods thereafter, from the date of this Agreement is recorded in the
Public Records of Miami-Dade County, Florida ("Term"). This time period will be automatically
renewed unless released upon a petition for removal, modification or amendment of condition is
approved by an act of the City Commission. The Easement and rights granted herein shall be
perpetual and shall be possessed and enjoyed by the Grantee, its successors and assigns, for
the purposes stated herein.
5. Facilities Ownership. It is agreed that the Facilities shall remain the property of the
Grantee, its successors and assigns. Grantee represents and warrants that it shall, at all times,
operate the Facilities in accordance with all applicable laws, regulations, ordinances or
requirements of any kind.
6. Electrical.
(a) If permitted by the local utility company serving Grantor's Land, Grantee shall furnish
and install, at its sole cost and expense, a direct electrical meter for the measurement of electrical
power used by Grantee on Grantor's Land and Grantee shall pay the utility company directly.
(b) If a direct electrical meter is not permitted, then Grantee shall furnish and install, at its
sole cost and expense, an electrical sub-meter for the measurement of electrical power used by
Grantee on Grantor's Land and Grantor shall read Grantee's sub-meter on a monthly basis and
provide Grantee with an invoice for Grantee's power consumption on an annual basis. Each
invoice shall reflect charges only for Grantee's power consumption based on the average kilowatt
hour rate actually paid by Grantor to the utility, without mark up or profit.
(c) All invoices for power consumption shall be sent by Grantor to Grantee at
. Upon written request from Grantee, Grantor shall provide
copies of electricity bills received by Grantor during any period that Grantor submits invoices to
Grantee for reimbursement and for that same period Grantor shall provide documentation of the
sub-meter readings applicable to such periods. Grantee shall pay each invoice within thirty (30)
calendar days after receipt of the invoice from Grantor.
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7. Grantee Indemnification. To the extent allowable by law, and subject to the
limitation on Grantee's liability, as set forth in Section 768.28, Florida Statutes Grantee shall
indemnify and hold Grantor harmless against any claim of liability or loss from personal injury or
property damage resulting from or arising out of the sole negligence or willful misconduct of
Grantee, its employees, contractors or agents, relating to the use of the Easement Area by
Grantee ("Claim(s)"), except to the extent such claims or damages may be due to or caused by
the negligence or willful misconduct of the Grantor, or its employees, contractors or agents.
Grantor will provide Grantee with prompt, written notice of any Claim covered by this
indemnification; provided that any failure of the Grantor to provide any such notice, or to provide
it promptly, shall not relieve the Grantee from its indemnification obligation in respect of such
Claim. Grantor will cooperate appropriately with Grantee in connection with Grantee's defense
of such Claim. Grantee shall defend Grantor, at Grantor's request, against any Claim with counsel
reasonably satisfactory to Grantor. Grantee shall not settle or compromise any such claim or
consent to the entry of any judgment without the prior written consent of Grantor and without an
unconditional release of all Claims by each claimant or plaintiff in favor of Grantor.
8. Interference. Grantee agrees that neither Grantee's use of the Easement Area nor
the Facilities will cause any measurable interference to Grantor, its guests or invitees on Grantor's
Land, who have secured the proper FCC licenses (to the extent required by applicable law). If
such interference occurs and continues for a period in excess of 48 hours, following written notice
to Grantee, Grantor may require that Grantee immediately power down the Facilities until such
time as the interference is cured. If required to cure such interference, Grantor and Grantee agree
to find a suitable new location for the Facilities, so that Grantee may relocate the Facilities, at its
expense, and continue to operate its Facilities without causing such interference; provided that
Grantor shall not be required to relocate any existing cellular or telecommunications equipment
located on the rooftop.
9. Sovereign Immunity/No Waiver of City Police Powers. Nothing contained herein
shall be construed as a waiver of Grantee'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 Grantee in the discharge of
its police or governmental powers.
10. Maintenance. Grantee will maintain the Facilities in good condition, reasonable
wear and tear and casualty damage excepted and shall take all measures necessary to ensure
that the Facilities or Grantee's use of the Easement Area does not damage any portion of the
Improvements. Grantee shall regularly maintain and check the status of the Facilities to ensure
the same are functioning properly and not causing any damage to the Improvements or any
portion thereof, including the Building. Grantee shall be responsible for the damage caused solely
by Grantee, if any, to any portion of the Improvements by the Facilities or Grantee's use of the
Easement Area.
11. Governing Law. THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA. EACH PARTY HERETO
AGREES THAT ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH THIS
AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE TRIED AND
LITIGATED IN STATE OR FEDERAL COURTS LOCATED IN THE STATE OF FLORIDA,
UNLESS SUCH ACTIONS OR PROCEEDINGS ARE REQUIRED TO BE BROUGHT IN
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ANOTHER COURT TO OBTAIN SUBJECT MATTER JURISDICTION OVER THE MATTER IN
CONTROVERSY. TO THE EXTENT PERMITTED BY LAW, EACH PARTY HERETO
IRREVOCABLY WAIVES ANY RIGHT ANY PARTY HERETO MAY .HAVE TO ASSERT THE
DOCTRINE OF FORUM NON CONVENIENS,TO ASSERT THAT ANY PARTY HERETO IS NOT
SUBJECT TO THE JURISDICTION OF THE AFORESAID COURTS OR TO OBJECT TO VENUE
TO THE EXTENT ANY PROCEEDING IS BROUGHT IN ACCORDANCE WITH THIS ARTICLE.
12. Notice. Each Party shall deliver all notices, requests, consents, claims, demands,
waivers, and other communications under this Agreement (each, a "Notice") in writing and
addressed to the other Party at its address set out below (or to any other address that the
receiving Party may designate from time to time). Each Party shall deliver all Notices by personal
delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile [or email of a
PDF document] (with confirmation of transmission) or certified or registered mail (in each case,
return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a
Notice is effective only: (a) upon receipt by the receiving party and (b) if the party giving the Notice
has complied with the requirements of this Section.
To Grantor Abbott Avenue Partners, LLC
Attn: Robert Finvarb
2999 N.E. 191 Street, Suite 800
Aventura, Florida 33180
Telephone: (305) 866-7555
Facsimile: (305) 866-7515
Email: Robert@Finvarb.com
with a copy to: Greenberg Traurig, P.A.
Attn: Ethan Wasserman, Esq.
333 S.E. 2nd Avenue, 41st Floor
Miami, Florida 33131
Telephone: (305) 579-0784
Email: wassermane@gtlaw.com
To Grantee: City of Miami Beach
Attn: Chief of Police
700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673-7000
Facsimile: (305) 673-7867
with a copy to:
City of Miami Beach
Attn: City Attorney
700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673-7000
Facsimile: (305)673-7002
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13. Confidentiality of Agreement and Easement Area. Grantor, its successors and
assigns, hereby agree to safeguard and ensure the confidentiality of this Agreement, the location
of the Easement Area, and any plans, specifications or other details provided to Grantor pertaining
to the Facilities and related equipment installed in the Easement Area (collectively, "Confidential
Information") in perpetuity, as such Confidential Information relates to a portion of Grantee's
security system plan,which is exempt from disclosure by Grantee pursuant to Section 119.071(3),
Florida Statutes. Grantor shall take all appropriate action by instruction or otherwise, to prevent
the unauthorized use, disclosure, copying or reproduction of the Confidential Information and shall
take all reasonable precautions to protect and maintain the confidentiality of the Confidential
Information. Grantor shall not itself, or permit its employees or agents at any time to, use reveal,
report, publish, transfer or otherwise disclose to any person, corporation or other entity any of the
Confidential Information without the prior written consent of the City, except that Grantor may
distribute the information, subject to any specific measures directed against such disclosure, to
parties who need to know, in connection with Grantor's operations, including, without limitation,
Grantor's employees, attorneys or lenders. If Grantor is requested or required or becomes legally
compelled (by a subpoena, civil investigative demand, other legal process, or by the authority of
any State or Federal administrative agency or governmental body) to disclose the Confidential
Information, Grantor shall provide Grantee with prompt written notice of such requirement(in any
case, at least thirty (30) days prior to Grantor's disclosure), to enable Grantee to have a
reasonable amount of time to seek a protective order, other appropriate remedy and/or waive (in
writing) compliance with the provisions of this Agreement. In the event that such protective order,
other remedy or waiver is not initiated by Grantee,within the thirty(30)days, or such greater time
period as may be provided by Grantor, Grantor shall furnish only that portion of the Confidential
Information that, in the opinion of Grantor's counsel, is legally required to disclose and shall
exercise reasonable efforts to preserve the confidentiality of Grantee's Confidential Information.
Grantor shall protect, defend and indemnify Grantee from and against all claims, demands,
actions, suits, damages, liabilities, losses, settlements,judgments, costs and expenses(including
but not limited to reasonable attorney's fees and costs), in connection with any administrative or
court proceeding, including any appellate proceeding, incurred, directly or indirectly, or arising out
of or resulting from a breach or threatened breach of this confidentiality provision.
14. Successors and Assigns. This Agreement shall be binding upon, and inure to the
benefit of Grantor and Grantee and their respective successors and assigns.
15. Amendment.This Agreement may not be modified, amended, or terminated except
in a writing signed by each party hereto, and in the case of Grantee, approved by the Mayor and
City Commission of the City of Miami Beach.
16. Counterparts. This Agreement may be executed by the parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original for all
purposes, and all such counterparts shall together constitute but one and the same instrument.
17. Grantor Representations. Grantor covenants, warrants and represents that
Grantor is the fee simple owner of Grantor's Land and there are no lienholders on the Grantor's
Land.
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18. Authority. Both parties represent and warrant that they have the authority to
execute this Agreement and each individual signing on behalf of a party to this Agreement states
that he or she is the duly authorized representative of the signing party and that his or her
signature on this Agreement has been duly authorized by, and creates the binding and
enforceable obligation of, the party on whose behalf the representative is signing.
19. Further Cooperation. Each of the signatories to this Agreement agree to execute
such other documents and to perform such other acts as may be reasonably necessary or
desirable to further the expressed and intent purpose of this agreement.
20. Easements and Covenants Run with the Land. Each and all easements,
covenants, obligations and rights granted or created under the terms of this Agreement are
appurtenant to Grantor's Land.
[SIGNATURE PAGE FOLLOWS]
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CONFIDENTIAL SECURITY SYSTEM PLAN
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
Effective Date.
WITNESSES: Grantor:
ABBOTT AVENUE PARTNERS, LLC,
a Delaware limited liability company
Print Name:
By:
Robert Finvarb, Manager
Print Name:
STATE OF FLORIDA }
}SS:
COUNTY OF }
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization this day of , 2020, by Robert Finvarb, as managing
member of ABBOTT AVENUE PARTNERS, LLC, a Delaware limited liability company, who is personally
known to me or has produced a as identification on behalf of the corporation.
NOTARY PUBLIC
Print Name:
My Commission Expires:
8
CONFIDENTIAL SECURITY SYSTEM PLAN
EXEMPT FROM DISCLOSURE PURSUANT TO SECTION 119.071(3), FLORIDA STATUTES
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first entered above.
ATTEST: Grantee:
CITY OF MIAMI BEACH, FLORIDA
a Florida municipal corporation
By:
Rafael E. Granado, City Clerk Dan Gelber, Mayor
Print Name:
STATE OF FLORIDA }
}SS:
COUNTY OF }
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization this day of , 2020, by Dan Gelber, a Mayor of the City of
Miami Beach, who is personally known to me or has produced a as
identification on behalf of the corporation.
NOTARY PUBLIC
Print Name:
My Commission Expires:
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CONFIDENTIAL SECURITY SYSTEM PLAN
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EXHIBIT A
Legal Description of Easement Area
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EXHIBIT B
Legal Description of Grantor's Land
LEGAL DESCRIPTION:
Lots 1, 2. 3. 4; 7, 8. 9. 10, 11, 12. 13, 14, 15. 16, 17, 18, in Block 6, Normandy Beach South, according to
the plat thereof as recorded in Plat Book 21 at Page 54 of the Public Records of Miami—Dade County. Florida.
AND:
All of a 10' Alley also :known as Normandy Beach Court lying adjacent to Lots 7, 8, 9 10 and 11, Block 6,
NORMANDY BEACH SOUTH, according to the plat thereof, as recorded in Plat Book 21 at Page 54 of the Public
Records of Miami—Dade County. Florida, being mare particularly described as follows:
Begin at the Northeast corner of said Lot 10; thence S 8714'52' W along the North Zine of said Lots 7, 8, 9
and 10 for 100.01 feet to the Northwest corner of said Lot 7; thence N 02'21'31" W along the Northerly
projection of the East right right of way line of a 20' Alley also known as Abbott Court tar 10.00 feet to the
Southwest corner of said Lot 11; thence N 87'34'52" E along the Smyth line of said Lot 11 for 100,01 feet to
the Southeast corner of said Lot 11; thence S 02'21'42" E along the Southerly projection of the West right
right of way line of Abbott Avenue for 10.00 feet to the Point of Beginning.
AND:
A portion of a 20' Allay also known as Abbott Court lying adjacent to Lots 1, 2, 3, 4, 11, 12, 13, 14, 15, 16,
17 and 18. Block 6, NORMANDY BEACH SOUTH, according to the plat thuroof, as recorded in Plat Book 21 at
Page 54 of the Public Records of Miami—Duda County, Florida. being more particularly described as follows:
Begin at the Northeast corner of said Lot 1; thence S 02'21'31" E along the East line of said Lots 1, 2, 3
and 4, also being the West right of way line of a 20' Alley also known as Abbott Court for 166.44 feat to a
paint on a circular curve concave to the Southwest and whose radius point bears S 25'19'29" W; thence
Southeasterly along a 37.90 foot radius curve leading to the right through a central angle, of 61'499'00" for an
arc distance of 40.89 feet to a non—tangent point; thence N 02'2.1'31" W along the West line of said Lots 11,
12, 13, 14. 15, 16, 17 and 16. also being the East right of way line of said 20' Alley also known as Abbott
Court for 19987 feet to the Northwest corner of said Lot 18; thence S 87'35'51" W along the Westerly
projection of the South right of way line of 72nd Street for 20,00 feet to the Point of Beginning.
LESS AND EXCEPT THE FOLLOWING;
A portion of Lot 4, Block 6, NORMANDY BEACH SOUTH, according to the plat thereof, as recorded in Flat Book
21 at Page 51 of the Public Records of Miami—Dade County, Florida, being more particularly described as
follows:
Begin at the Southwest corner of said Lot 4, thence N 02'21'18" W along tho West line of said Lot 4, also
being the East right of way line of Byron Avenue for 35.00 feet; thence N 67'34'53" E along the North line of
Normandy Beach Court for 107.07 feet to a pointof curvature; thence Southeasterly along a 37.90 foot radius
curve leading to the right through a central angle of 28'14'36" for an arc distance of 1.9.68 feet to a
non—tangent point; thence S 02'23'31" E along the East line of said Lot 4, also being the West right of way
line of a 20' Alley also known as Abbott Court for 33.49 feat to the Southeast corner of said Lot 4; thence S
87'34'53" W along the South line of said Lot 4 for 125.01 feet to the Point of Beginning.
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