Easement Agreement with Jarost Group, LLC 2_0911 -29982
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
SPACE ABOVE THIS LINE FOR PROCESSING DATA
Easement Agreement
This Easement Agreement ("Agreement") is made this day of , 2020,
by and between Jarost Group, LLC, a Florida limited liability company whose address is C/o
Robert Wexler 500 Campus Drive, Suite 400, Florham Park, NJ 07932 ("Property Owner") and
Venezia Hotel, LLC, a Florida limited liability company whose address is 210-71st Street, Suite
309, Miami Beach, FL 33141 ("Ground Lessee" and together with Owner, collectively "Grantors")
and City of Miami Beach, Florida, a municipal corporation organized and existing under the laws
of the State of Florida, whose address is 1700 Convention Center Drive, Miami Beach, Florida
33139 ("Grantee") (Grantors or the Grantee or may be referred to herein individually as a "party"
or collectively as "parties").
WHEREAS, Property Owner is the owner in fee simple of the real property located in
Miami-Dade County, legally described in "Exhibit "A" attached hereto (the "Property"); and
WHEREAS, Ground Lessee is the occupant and user of the Property pursuant to that
certain Lease Agreement dated the 8th day of November, 1944, by and between Rose Steinman
and Jack H. Steinman, husband and wife, and Meier Held and Reba Held, his wife, recorded in
Deed Book 2446, at Page 354, as amended by Supplement to Lease dated the 8th day of
January, 1947, by and between Rose Steinman and Jack H. Steinman, husband and wife, and
Meier Held and Reba Held, his wife, as recorded in Deed Book 2803, at Page 535, and further
amended by Amendment to Lease dated the 16th day of July, 1947, by and between Rose
Steinman and Jack H. Steinman, her husband and Malabo, Inc., a Florida corporation, as
recorded in Deed Book 2890, at Page 190, and Assignment of Lease by Lessor as recorded in
Official Records Book 24506, at Page 2409, all of the Public Records of Miami-Dade County,
Florida (collectively, the "Ground Lease"), the current expiration date of which is December 31,
2044.
WHEREAS, the Property abuts Indian Creek (the "Waterbody") and includes the area
containing a seawall that is adjacent to the Waterbody (the "Seawall Area"); and
WHEREAS, Grantee is replacing seawalls and elevating roadways along Indian Creek to
benefit Grantors and other property owners abutting the Waterbody whose land is subject to
inundation during certain tidal events; and
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WHEREAS, Grantee needs access to and use of the Property in connection with the
development of Public Related Uses (As defined in Section 3), which, at minimum, will include
the construction of a new seawall ("New Seawall"), as may be upgraded from time to time by
Grantee for the protection of the health, safety or welfare of the general public, and the
development of a greenway and/or other type of walkway for public use and access (collectively,
the "initial City Improvements"); and
WHEREAS, Grantors have agreed to grant a perpetual, non-exclusive access and use
easement to Grantee in, on, over, through and across the Property, including for public access;
and
WHEREAS, Grantors request that Grantee, and Grantee hereby agrees to, construct,
install and maintain the initial City Improvements,which will include the demolition of the existing
seawall; and
WHEREAS, the City Manager as referenced in this 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 Agreement on behalf of the City, except where
such authority has been expressly delegated herein to the City Commission.
NOW, THEREFORE, for and in consideration of the mutual covenants, benefits and
agreements of the parties and the sum 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 Agreement.
2. Grant of Easement.
a. Grantors hereby grant, bargain, sell and convey to Grantee, its successors and
assigns, for use by Grantee, its employees, agents and contractors, and
representatives and licensees, a perpetual, non-exclusive access and use
easement in, on, over, through and across the Property, legally described in
Exhibit "A", in connection with the construction, installation, operation, repair,
replacement, upgrade and maintenance of City Improvements (as defined in
Section 4) and the operation of Public Related Uses (As defined in Section 3),
subject to the terms and conditions set forth herein. The easement rights
include rights to the upland interest over the shoreline into the Waterbody,
together with all other riparian rights,as may be required under applicable Laws
and any governmental authority(including the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida) having jurisdiction over the
Property or the sovereign lands located adjacent thereto, to construct, install,
repair, replace, upgrade or maintain the New Seawall or any future seawall
developments. Additionally, the easement rights shall permit Grantee, its
employees, agents and contractors and representatives and licensees to
survey, mobilize, excavate, demolish, construct, inspect, store materials and
equipment, install utilities, and take all other actions on the Property necessary
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to develop City Improvements or operate Public Related Uses.
b. Public Access Easement. Grantors hereby grant, bargain, sell and convey to
Grantee, its successors and assigns, for use by members of the general public,
a perpetual, non-exclusive access and use easement in, on, over, through and
across the Property, in connection with the general public's use of City
Improvements or Public Related Uses developed on the Property by City.
3. Public Related Uses. As referred to herein, Public Related Uses shall include, without
limitation, a seawall/retaining wall, flood mitigation elements, a greenway, public
transportation stops, kiosks bicycle paths, walkways and decks, parks, playgrounds,
lighting, utilities or any other improvements and activities associated with the use of
the Property by the general public; provided, however, Public Related Uses shall not
include an enclosed building, including but not limited to a restroom and further
provided that additional Public Related Uses may be included on the Property with the
prior written consent of the Grantors.
4. City Improvements. Grantee will have the right to construct, install, operate, repair,
replace, upgrade and maintain, at its sole cost and expense, improvements in
connection with any Public Related Uses (the "City Improvements").
5. Grantee Obligations. Grantee will cause plans and specifications to be prepared for
any construction work related to the installation of any City Improvements (collectively
the "Work") and obtain any and all governmental permits and approvals required in
connection with the Work (the "Permits"). Grantee shall provide said plans and
specifications to the Grantors in accordance with Section 7 and Section 12 of this
Agreement. Grantors shall not withhold, condition or delay the approval of the plans
and specifications relating to the Work, provided such plans are consistent with the
terms of this Easement Agreement (the "Approved Plans"). Grantee shall provide
Grantors with written notice seven (7) days prior to the commencement of Work. Upon
completion of the Work, Grantee will accept ownership of the City Improvements, and
will assume the sole responsibility to maintain the City Improvements in a good and
safe condition and to repair and/or replace same as necessary from time to time, all in
accordance with the Permits and any and all applicable regulations of the federal,state,
County, City of Miami Beach Code of Ordinances, and any other regulation governing
the City Improvements(collectively, the"Laws"). Notwithstanding the foregoing, should
either the Property Owner or the Ground Lessee develop a dock or any other marine
related use or improvement contiguous to the Seawall Area, then that Party (or the
Property Owner after the termination of the Ground Lease) will thereafter assume the
sole responsibility to maintain the New Seawall in a good and safe condition and to
repair and/or replace same as deemed necessary by Grantee from time to time, all in
accordance with the Permits and any and all Laws applicable thereto.
6. Grantee's responsibility with respect to the installation of any City Improvements shall
include the construction and installation of such City Improvements in accordance with
the Approved Plans and Permits and, upon completion of the City Improvements, the
repair, replacement and maintenance of the constructed City Improvements; it being
understood and agreed that (i) Grantee makes no warranty regarding the City
Improvements, and (ii) Grantors disclaim any and all implied warranties of
merchantability and fitness, fitness for a particular purpose, intended use,
workmanship or construction respecting the City Improvements imposed by statute,
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case law or otherwise. Should the City fail to maintain the City Improvements or
otherwise comply with any of the terms of this Agreement, after having received thirty
(30) days written notice thereof from Grantor and failing to remedy the condition, the
Grantor may, but shall be under no obligation to, undertake and perform the City's
maintenance obligations hereunder. The City shall reimburse the Grantor for said
expense within thirty (30) days from presentment of the invoice.
7. Grantors Obligations. At all times prior to completion of the Work, Grantors will
cooperate and provide support to Grantee in connection with the Work, including,
without limitation, executing, or causing to be executed, within ten (10) business days
of a request from Grantee, any application or other documentation (in recordable form
if necessary) necessary in connection therewith. In furtherance thereof, Grantors
hereby grant the Grantee a power of attorney to execute and submit all such
applications and documentation required by any governmental authority (including the
Board of Trustees of the Internal Improvement Fund of the State of Florida) having
jurisdiction over the Property or the sovereign lands,which may be necessary to obtain
the Permits and perform the Work in accordance with the Approved Plans.
8. Access. Grantors shall not withhold or obstruct Grantee's access to the Property, City
Improvements or Public Related Uses through the installation of a fence or any other
means.
9. Amendment. This Agreement may only be modified, amended, terminated or released
by a recordable instrument executed by all parties hereto or their successors or
assigns, and providing that same is approved by the City Commission.
10. Inspection. It is understood and agreed that any City official has the right to enter and
investigate the Property, to verify compliance with the conditions of this Agreement or
any applicable Laws.
11. Indemnification. Ground Lessee, and its successors and assigns, expressly agree to
save, defend, indemnify and hold harmless Grantee, its employees, agents and
contractors (collectively, "Grantee Indemnified Parties"), from and against any and all
loss, liability, damages, claims, costs, attorneys' fees and expenses (collectively,
"Losses"), arising out of or relating to Grantors' negligent or wrongful act or omission.
Following termination of the Ground Lease, the Property Owner, and its successors
and assigns, expressly agree to save, defend, indemnify and hold harmless Grantee
Indemnified Parties, from and against any and all loss, liability, damages, claims, costs,
attorneys' fees and expenses (collectively, "Losses"), arising out of or relating to
Property Owner's negligent or wrongful act or omission.
In consideration for this Agreement, Grantee, its successors and assigns, to the extent
allowable by law, and subject to the limitation on Grantee's liability, as set forth in
Section 768.28, Florida Statutes, expressly agrees to save,defend, indemnify and hold
harmless Grantors, their employees, agents and contractors (collectively, "Grantors
Indemnified Parties"), from and against any and all loss, liability, damages, claims,
costs, attorneys' fees and expenses (collectively "Losses"), arising out of or relating to
the Grantee's negligent or wrongful act or omission. Additionally, nothing contained in
this Agreement shall be deemed a waiver of sovereign immunity by the Grantee.
12. Notices. Any notices required or permitted to be given under this Agreement shall be
in writing and shall be deemed to have been given if delivered by hand, sent by
4
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 Grantors at: Jarost Group, LLC
c/o Robert Wexler
500 Campus Dr., Suite 400
Florham Park, NJ 07932 and to
Venezia Hotel, LLC
210-71st Street, Suite 309
Miami Beach, FL 33141
With a copy to: Stephen F. Katz, Esq.
Greenberg Traurig, P.A.
401 E. Las Olas Blvd., Suite 2000
Fort Lauderdale, FL 33301
And a copy to: Barry T. Shevlin, PA.
111 Kane Concourse, Suite#619
Bay Harbor Islands, FL 33154
If to the Grantee 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
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 Agreement. For the avoidance of doubt, all consents, notices, and
approvals contemplated under this Agreement shall require the assent of both Property
Owner and Ground Lessee unless the Ground Lease is terminated.
13. 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.
14. Governing Law. This Agreement shall be governed by, and construed in accordance
with, the laws of the State of Florida. The exclusive venue for any litigation arising out
5
of this Agreement shall be Miami Dade County, Florida. BY ENTERING INTO THIS
AGREEMENT, GRANTORS AND GRANTEE 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.
15. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this easement given to the City for the City Improvements and
supersedes all prior agreements, understandings and arrangements, both oral and
written relating to the subject matter hereof. For the avoidance of doubt,this Agreement
does not supersede any private agreements between the Property Owner and the
Ground Lessee.
16. Grantors Representations. Grantors covenant, warrant and represent(i) that Grantors
have the right, title and capacity to grant the perpetual easements granted herein,
and (ii) there are no lienholders on the Property, except for that certain Leasehold
Mortgage in favor of Marquis Bank, a Florida Bank ("Mortgagee").
17. Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created under the terms of this Agreement
are appurtenant to the Property. The provisions of this Agreement shall constitute
covenants running with the land, shall be binding upon the parties hereto, their
successors and assigns, and shall inure to the benefit of the Grantee, its successors
and/or assigns.
18. Miscellaneous. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original. The parties to this Agreement have participated
in the negotiation of this Agreement and have been represented by legal counsel (or
have been afforded the opportunity to do so and have declined). Accordingly, this
Agreement shall not be construed more strictly against any one of the parties hereto.
The paragraph headings in this Agreement are for convenience only, shall in no way
define or limit the scope or content of this Agreement, and shall not be considered in
any construction or interpretation of this Agreement or any part hereof. With respect to
words used in this Agreement, the singular shall include the plural, the plural the
singular and use of any gender in this Agreement shall include all genders.
Enforcement of the terms and provisions of this Agreement shall be at the reasonable
discretion of the aggrieved party, and no waiver of any of the provisions of this
Agreement shall be effective unless it is in writing, signed by the party against whom it
is asserted and any such waiver shall only be applicable to the specific instance in
which it relates and shall not be deemed to be a continuing or future waiver. The
Grantors agree to execute such further documents as may be reasonably
requested by Grantee to carry out the intent and purpose of this Agreement. The
invalidation of any one of these covenants or provisions of this Agreement by
judgment or court order shall in no way affect any other provisions hereof, which
shall remain in full force and effect to the maximum extent possible, consistent with
such invalidation.
[Signature Pages Follow]
6
Signed, witnessed, executed and acknowledged this ,? day of Ci c�- 'I 2020.
Wit �,ses: Jarost Group, LLC, a Florida limited liability
'i i" company # ,
Ot,'A Rtt cRp57. By: } `eR
Print Name: _ Andrea Rudner, Member
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Print Name:
STATE OF AV )
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COUNTY OF ,ra t-t.-95 )
The foregoing instrument was acknowledged before me by means of[Vf physical presence or[ ] online
notarization on this 3 day of r'<<re.1-- '•L_ 2020 Andrea Rudner, as Member of Jarost Group LLC, a
Florida limited liability company[ ]who is personally known to me or[,]'who has produced Z----.
as identification.
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Signed, witnessed, executed and acknowledged this day of OC--{"o9-e-I , 2020.
Signed, sealed and delivered
in the presence of:
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There sa- 15 C�1 v:\ e11
Print Name: Ja ob Steinman, Trustee of the
(7 I/k/,\ Elizabeth Steinman Revocable Trust
under Agreement dated August 3,2005,
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Print Name:
STATE OF pi 0iiCket—
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The foregoing instrument was acknowledged before me by means of[v4physical presence or [ ] online
notarization on this, " day of Odok, r , 2020 Jacob Steinman, Trustee of the Elizabeth Steinman
Revocable Trust under Agreement dated August 3,2005, as Member of Jarost Group LLC, a Florida limited liability
company[ ]'who is personally known to me or[ ] who has produced as identification.
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Signed, witnessed, executed and acknowledged this (I day of 0 C4- . , 2020.
Signed, sealed and delivered
in the presence of: A[40,i ('a
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notarization on this day of , 2020 Haim Yehezkel, as Manager of Venezia Hotel, LLC, a
Florida limited liability mpany who i ers pally known to me or[ ]who has produced
as identification.
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The foregoing i strument was acknowledged before me by means of[ ] physical presence or [ ] online
notarization on this day r 2020 Roy Mussaffi, as Manager of Venezia Hotel, LLC, a
Florida limited liability co pany who is personally known to me or[ ]who has produced
as identification.
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Signed, witnessed, executed and acknowledged this day of , 2020.
Signed, sealed and delivered
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STATE 04144,eA c )
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The fore• •• instrumen (�. .c • ledged before me by means of[\'physical presence or [ ] online
notarization on thi VP day of �. . �, ', 2020 Abraham Kramer, as anaging of G &A Miami, LLC, a
Florida limited liab ity, as Manager of V- e - otel, LLC, a Florida limited liabi' company [ ]who is personally
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notarization on this day of ,2020 Gidon Goeta, as Managing Member of G&A Miami, LLC,
a Florida limited liability company, as Manager of Venezia Hotel, LLC, a Florida limited liability company[ ]who is
personally known to me or[ ]who has produced as identification.
My Commission Expires: Notary Public, State of
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Signed, witnessed, executed and acknowledged this day of , 2020.
Signed, sealed and delivered
in the presence of:
Venezia Hotel, LLC, a Florida limited liability
company
Print Name:
By: G &A Miami, LLC, a Florida limited
Print Name: liability, Manager
Com Q s kro By: Abraham Kramer, Managing Member
Print Na�rie:
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Print Name: Gido anaging Member
STATE OF t' 3 r A`G1
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The foregoing instrument was acknowledged before me by means of[ ] physical presence or[ ] online
notarization on this a ) day of o , 2020 Abraham Kramer, as Managing of G &A Miami, LLC, a
Florida limited liability, as Manager of Venezia Hotel, LLC, a Florida limited liability company [ ]who is personally
known to me or[ ]who has produced as identification.
My Commission Expires: Notary Public, State of
STATE OF i S rQ e l
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COUNTY OF 314 ti / - I s rival )
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notarization on this Q% day of ,p �► 2020 Gidon Goeta,as Managing Member of G&A Miami, LLC,
a Florida limited liability company, as Manager of Venezia Hotel, LLC, a florida limited liability company [ ]who is
personally known to me or[ ]who has produced O ,' B as identification.
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CERTIFICATE OF ACCURACY
The undersigned, Luis R.de la Vega,President of Protranslating, appearing on behalf of Protranslating,
an ISO 9001 and 17100 certified company, hereby states,to the best of his knowledge and belief, that the
foregoing is an accurate translation from Hebrew into English of the document(s)titled:
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Luis R.de la Vega
President of Protranslating
State of Florida
Miami Dade County
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President of Protranslating, a Florida corporation, on behalf of the corporation. He is personally known to
me.
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Signed, witnessed, executed and acknowledged this e, day of F3131-'-aly2021
Signed, sealed and delivered
in the presence of: City of Miami Beach,Florida
a Florida municipal corporation
Witnesses:
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notarization on this 3/ 1 day off (4 , 2021 by Raul J.Aguila and Rafael E. Granado, as
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corporation, [ who is personally known to me or[ ]who has produced as identification.
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APPROVED AS TO
FORM & LANGUAGE
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City Attorneyt Date
Exhibit"A"
Legal Description
That strip of land lying between Indian Creek Drive and Indian Creek which lies opposite or adjacent to
Lots 24 and 25, and the North 20 feet of Lot 23,Block 30, 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 No.: 02-3226-001-1840
12
Mortgagee Joinder and Consent
To
Easement Agreement
Professional Bank, a Florida banking corporation, successor by merger to Marquis
Bank, ("Mortgagee"), the owner and holder of that certain Leasehold Real Estate Mortgage,
Assignment and Security Agreement dated November 14, 2013, executed and delivered by
Venezia Hotel, LLC, a Florida limited liability company, in favor of Landmark Bank of
Florida recorded in Official Records Book 28949 at Page 3220, of the Public Records of
Miami-Dade County, Florida, as assigned to Marquis Bank, a Florida banking corporation by
Assignment of Mortgage executed by Centennial Bank, as successor by merger to Landmark
Bank, N.A. a/k/a Landmark Bank of Florida recorded in Official Records Book 31428 Page
818 of the Public Records of Miami-Dade County, Florida, as amended by that certain
Modification of Leasehold Real Estate Mortgage, Assignment and Security Agreement and
Future Advance Agreement by and between Venezia Hotel, LLC, a Florida limited liability
company ("Mortgagor") and Marquis Bank, recorded on May 3, 2019 in Official Records Book
31428, Page 824, of the Public Records of Miami-Dade County, Florida (collectively the
"Mortgage"), hereby joins in and consents to the granting of an easement in favor of the City of
Miami Beach, Florida, a municipal corporation organized and existing under the laws of the
State of Florida, all in accordance with the terms and conditions set forth in this Easement
Agreement.
Witnesses Professional Bank, a Florida
banking corporation, successor
by er to Marquis Bank
•
By: .UNr► B
Print N e: • !.Amur,
Print Name: David E. DiMuro
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By: Title:Executive Vice President
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Print Name: LOa QCU
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State of Florida
County of Miami-Dade
The foregoing instrument was acknowledged before me by means of[vi physical
presence or [ ] online notarization on this c( ''day of Jc J U , 2021
By David E. DiMuro -- • as an Executive Vice President. on behalf
of Professional Bank, a Florida banking corporation, successor by merger to, Marquis Bank.
He or h is [personally known to me or, [ ] roduced_as identification.
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