Easement Agreement with Ljubo Skrbic 2011- �9-1 9c\
Settlement Statement
Grantee: City of Miami Beach, a Florida municipal corporation
1700 Convention Center Drive,4th Floor,Miami Beach,Florida 33139
Grantor: Ljubo Skrbic
4012 Garden Avenue#1, West Palm Beach,FL 33405
Property Location: 3200 Collins Avenue,Miami Beach,Florida 33140 (See Exhibit A
Date: attached) August 10, ,2021
Settlement Agent: Suzanne A.Dockerty,P.A.
110 Merrick Way, Suite 3B,Coral Gables,Florida 33134
Grantee Settlement Fees:
Title Search Reports and Updates : $250.00
Title Insurance Premium($80,000): $460.00
Settlement Fee: (POC$500) $1,000.00
Clerk of Court Recording Fee:
Easement Agreement: $ 69.50
Documentary Stamp Tax: $ 1.05
Certified Copies: $ 25.00
Wire Transfer Fee/FedEx: $ 100.00
Total Grantee Settlement Fees: $1,905.55
I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief, it is a true
and accurate statement of all receipts and disbursements made on account of this transaction.
Grantee:
City of Mia -i B:.ch,a Flor''a unicipal corporation
By:
Print N.�- Title:Alina T. Hu.ak,City Manager
App.:ved as to ' and Language for E ecution
By:
yes City Attorney 4'47r
Exhibit"A"
Legal Description
Out lots 14 through 17, Block 18, as shown on the AMENDED MAP OF THE OCEAN FRONT
PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, according to the plat thereof as
recorded in Plat Book 5,Page 7,Public Records of Miami-Dade County,Florida.
Folio Number: 02-3226-001-1400
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 FOR PROCESSING DATA
Easement Agreement
This Easement Agreement ("Agreement') is made this 9 day of October, 2017,
by and between Ljubo Skrbic, a single man, whose address is 3230 South Ocean
Boulevard, Unit B103, Palm Beach, Florida ("Grantor") 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")
(Grantor or the Grantee or may be referred to herein individually as a "party" or collectively
as "parties"); and
WHEREAS, Grantor has the authority to enter into this Agreement and to grant a
perpetual, non-exclusive easement appurtenant to the real property located in Miami-Dade
County, legally described in Exhibit "A" attached hereto (the "Property"); and
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 Grantor and other property owners abutting Indian Creek whose land is
subject to inundation during certain tidal events; and
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, and the development of a greenspace area and/or other type of walkway for public
use and access; and
WHEREAS, Grantor has agreed to grant a perpetual, non-exclusive easement for
use and ingress and egress in, on, over, through and across the Property, including for
public access; and
WHEREAS, Grantor requests that Grantee, and Grantee hereby agrees to,
demolish the existing seawall and construct, install and maintain a New 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/her with
respect to any or all matters pertaining to the administration of this Agreement on behalf of
010-8545-4737/2/AMERICAS
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 The above recitals are true and correct and are incorporated herein as part of
this Agreement.
2 Grant of Easement Grantor does hereby grants, bargains, sells and conveys
to Grantee, its successors and assigns, a perpetual, non-exclusive easement
for use and for ingress and egress in, on, over, through and across the
Property, legally described in Exhibit "A" (hereinafter the "Easement Area"),
including public access, in connection with the construction, installation,
operation, repair, replacement and maintenance of City Improvements (as
defined in Section 4) in connection with Public Related Uses (as defined in
Section 3) and subject to the terms and conditions set forth herein. The
easement rights include riparian rights over and across the Seawall Area, so
that Grantee may obtain authorization from all Federal, State, County and
City governmental authorities (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, in connection with
the development of any Public Related Uses or City Improvements, subject
to the reservation by the Grantor of the right to construct, maintain and
operate, at Grantor's and its successors and assigns in title sole cost and
expense, a boat dock for use by a pleasure craft and/or the operation of a
water craft rental, and other similar improvements and activities associated
with the use of the waterway, pursuant to the provisions of Section 6 below,
provided, however, that the Grantor or its successors and assigns in title
shall have secured the appropriate consents, approvals and/or permits from
the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, the Florida Department of Environmental Protection, and any other
governmental agencies
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 other improvements and
activities associated with the use of the Property by the general public
4 City Improvements Grantee will have the right to construct, install, operate,
repair, replace and maintain, at its sole cost and expense, improvements in
connection with any Public Related Uses (the "City Improvements") All City
Improvements shall require the Grantor's prior written consent, which
consent shall not be unreasonably withheld, provided that. (1) Grantee is in
good standing under the terms of this Agreement (including payment of any
2
010 8545 4737/2/AMERICAS
invoices issued pursuant to Section 6 herein), and (2) any proposed Public
Related Use or City Improvement will not interfere with the use of any
existing improvements constructed by Grantor or pose a public health, safety
or welfare risk
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")
Grantor will approve said plans and specifications (the "Approved Plans")
Grantor shall not unreasonably withhold any approval that may be required
by Federal, State or County agencies or similar third parties for the
construction of any approved Public Improvements Upon completion of the
Work, Grantee will accept ownership of any City Improvement, and will
assume the sole responsibility to maintain any City Improvement 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 federal, state and
local laws, rules, ordinances, and regulations applicable thereto.
6 Grantor Developments. Subject to the provisions set forth in this Section 6,
nothing contained herein shall be interpreted as limiting Grantor's ability to
use the Property to construct, install, operate, repair, replace and maintain, at
its sole cost and expense, a dock (which may be used for tanning), or any
other use (including any uses similar to the Public Related Uses) (Grantor
Uses) or improvements (Grantor Improvements) at the Property, subject to
securing all requisite Permits; however, such Grantor Uses or Improvements
shall not interfere with any existing Public Related Uses or the Grantee's use
of any constructed City Improvements, and shall not be erected (except for a
dock) at the same location as any existing City Improvements
Notwithstanding the foregoing, in connection with developing a dock, Grantor
shall not be limited by any existing Public Related Uses or City
Improvements Should Grantor develop a dock or any other Grantor Uses or
Improvements contiguous to the Seawall Area, Grantor will be deemed to
have accepted ownership of the New Seawall and thereafter assume the
sole responsibility to maintain the New Seawall 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 federal, state and local laws,
rules, ordinances, and regulations applicable thereto
7. Should Grantee fail to maintain any City Improvements constructed in
connection with any Public Related Uses, or otherwise comply with any of
the terms of this Agreement, then, upon receipt of thirty (30) days written
notice from Grantor, and Grantee's failure to remedy the condition to
Grantor's reasonable satisfaction, Grantor may, but without an obligation to
do so, undertake Grantee's obligations hereunder and Grantee shall
reimburse Grantor for said expense within forty-five (45) days from
3
010 8545 4737/2/AMERICAS
presentment of the invoice Any unpaid invoices shall accrue interest at the
rate of one percent (1%) per month until paid.
8 Grantee's responsibility with respect to the installation of any approved 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) Grantor disclaims 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, case law
or otherwise
9 Grantor Obligations At all times prior to completion of the Work, Grantor will
cooperate and provide support to Grantee in connection with the Work,
including, without limitation, executing, or causing to be executed, within five
(5) business days of a request from Grantee, any application or other
documentation (In recordable form if necessary) necessary to connection
therewith In furtherance thereof, Grantor hereby grants 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
10 Access Grantor shall not withhold or obstruct Grantee's access to the
Easement Area through the installation of a fence or other similar means
11 Amendment. This Agreement may be modified, amended, or released as to
any portion of the Easement Area by a written instrument executed by both'
parties hereto or their successors or assigns, providing that same has been.
approved by the City Commission
12 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.
13 No Dedication Nothing herein contained shall be deemed to be a gift or
dedication of any portion of the New Seawall to the general public or for
general public purposes whatsoever
14 Indemnification Grantor, and its successors and assigns, agrees 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 Grantor's
negligence or willful misconduct
4
010 8545 4737/2/AMERICAS
r-
In consideration for this Agreement, Grantee, its successors and assigns, to
the extent allowable, and subject to the limitation on its liability, as set forth in
Section 768 28, Florida Statutes, as may be amended from time to time,
expressly agrees to save, defend, indemnify and hold harmless Grantor, its
employees, agents and contractors (collectively, "Grantor 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 negligence or willful misconduct Additionally, nothing
contained in this Agreement shall be deemed a waiver of sovereign immunity
by the Grantee.
15 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 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 Grantor at Ljubo Skrbic
3230 South Ocean Boulevard
Unit B103
Palm Beach, Florida
If to the Grantee at City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313S
Attention. City Manager
With a copy to. City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33131
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
16 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
17 Governing Law This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Florida, both substantive and
remedial, without regard to principles of conflict of laws The exclusive venue
for any litigation arising out of this Agreement shall be Miami Dade County,
Florida, if in state court, and the U.S. District Court, Southern District of
5
010 8545 4737/2/AMERICAS
Florida, if in federal court BY ENTERING INTO THIS AGREEMENT,
GRANTOR 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
18 Entire Agreement This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes all prior
agreements, understandings and arrangements, both oral and written.
19 Grantor Representations Grantor covenants, warrants and represents (i) that
Grantor has the right, title and capacity to grant the perpetual easement
granted herein, and (ii) there are no lienholders on the Property.
20 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, having or
hereinafter acquiring any right title or interest in the Easement Area
21. Miscellaneous. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original This Agreement
supersedes all prior agreements, written or oral, relating to the subject matter
hereof 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 This Agreement may only be modified,
amended, terminated, or released by a recordable instrument executed by,
the owner of the Property, its successors or assigns, and an authorized
representative of the City of Miami Beach 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 Grantor agrees 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
6
010 8545 4737/2/AMERICAS
Signed, sealed and delivered in
the presence of:
By:
/
,JVeanh2 �� F`rc� ni Ljubo Skrbic, a single man
S
Print Name:
L. ' c,r'
Print Name:
STATE OF FLORIDAAviek
§
COUNTY OF fb scro -BAi�� § ss.
The foregoing instrument was acknowledged before me this 27ay of
, 2017, by Ljubo Skrbic, a single man, and ( ) that he is personally
known to me or( ) has produced a valid driver's license(s) as identification.
WITNESS my hand and official seal in the County and State last aforesaid this .2 7
day of 9c:?4 ' , 2016.
A
; ZLG�Z�?
My Commission Expires: Notary Public, State of Florida
_i';A ,. SHARON LPECK
s MYCOMMISSION iFF915384
"
,,. EXPIRES:March 27.2020
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010-8545-4737/2/AMERICAS
Signed, witnessed, executed and acknowledged this 17 day of AJ 522021.
Signed, sealed and delivered City of Miami Beach, a Florida
in the presence of: municipal corporation
AOWitnes es: 'li /atj
� �
PI/
Byna T. Hudak, City Manager
NAT 2'JL/3 Atte :
Print ame:
Rafael E. Granado, Clerk
c f SV(,U _. 0\ B9°io,,
P•
Print Name: �� i' .v\ '%I-%
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*:INCORPORATED-' *y
•STATE OF FLORIDA § 4 'h
§ ss
COUNTY OF MIAMI-DADE ;9'33...%%%
26,E��
The foregoing instrument was acknowledged before me this 17 day of
A-k 1 us.1- , 2021 by Alina T. Hudak and Rafael E. Granado, as City Manager
and City Clerk, respectively, of the City of Miami Beach, a Florida municipal corporation,
who are personally known to me or who have produced as
identification.
N __,,,i4Ve _
My Commission Expires: Notary Public, State of Florida
!� u11ACARDILLO
i , •' i MY COMMISSION#GG 230433
ri
y;- . .. z EXPIRES:August 27.2022
''•ger, R Bonded lhlu Notary Public Undemriters
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APPROVED AS TO
8 FORM & LANGUAGE
& FOR EXECUTION
010-8545-4737/2/AMERICAS
2c40 $1 -
. --,----.--�.._----._..'._..-.�.._,__._ a City Attorney � te
JA - p�Pi Date
EXHIBIT A
LEGAL DESCRIPTION
Out Lots 14 thru 17, Block 18 of the Amended Map of The Ocean Front Property of the Miami
Beach Improvement Company, according to the plat thereof, as recorded in Plat Book 5, Pages
7 and 8 of the Public Records of Miami-Dade County, Florida.
---
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June 24,2021
I aut 're the Cily of Miami Brach,Florida to2- i
record the copy of the Ea....*fent Aoarwod*reement
by,me..dated October
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authariie the City of Miami Betriq,Florida lo
record the copy of the,Es merit Apreornent signeft
by roe.dated October ,
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LILIBO SKRPAC,
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• PALM REACH FL.33480
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
OFFICE OF THE CITY ATTORNEY
Tel:305-673-7000 Ext 6955
MEMORANDUM
Date: August 10, 2021
To: Alina T. Hudak, City Manager
From: Gisela Nanson Torres, Senior Assistant City Attorney
Ext. 6955/Fax: 305-673-7002/giselatorres a(�miamibeachfl.gov
Re: Indian Creek Flooding Mitigation Project— Easement Package for Execution
Pr perty Address: Out-Parcel across 3200 Indian Creek Drive
0 /00/ OD (7-- c))97 w
Dear Allna,
•
The City has been securing property rights from private property owners who own the out-
parcels along Indian Creek, in order to install 4,000 linear feet of seawall, having 5.7 NAVD
elevation, to improve street drainage and raise the road elevation for Indian Creek Drive
between 26th and 41st Street. The City has either secured a Quit Claim Deed (providing
the property owner with and easement to build a dock) or has secured an easement from
the property owner, each providing The City with sufficient property rights to build and
maintain the new seawall.
In connection with this project, attached please find the following closing documents for
the above referenced property:
1. Closing Statement; and
2. Easement Agreement.
Kindly execute in the presence of two witnesses and Let me know once ready. The Clerk
will attest and notarize.
Once signed, the original documents will be forwarded to the City's closing agent,
Suzanne Dockerty, so that she may record the Easement. Once the easement is
recorded,the City will receive a title policy and the recorded easement,which I will transmit
to the Clerk for safekeeping.
Should you have any questions, please do not hesitate to call me.
Best regards,
ciaea NYanaan 5ome5
MIAMIBEACH
Gisela Nanson Torres,
Senior Assistant.City Attorney
Tel:305-673-7000 Ext.6955/giselatorres(C17miamibeachfl.gov