Easement Agreement with SOBE TOSCANA, LLC MIAMIBEACH
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 4, 2022
To: Alina T. Hudak, City Manager
From: Gisela Nanson Torres, Senior Assistant City Attorney
Ext. 6955/Fax: 305-673-7002/giselatorresmiamibeachfl.gov
Re: Easement for 22 Washington Avenue pursuant to esolutlo:nwNo2021 3it926]
(attached).
Dear Alina:
Attached please find the above referenced document for execution.
Once fully signed, please forward to the Clerk or advise me and I will bring down to him
for attestation.
Should you have any questions, please do not hesitate to call me.
Best regards,
gideea.Nanoar if clued
MIAMIBEACH
Gisela Hanson Torres,
Senior Assistant City Attorney
Tel:305-673-7000 Ext.6955/giselatorresmiamibeachfl.gov miamlbeachfl.gov
11` `1
This instrument was prepared by:
Return to:
Gisela Nanson Torres
Senior Assistant City Attorney
City of Miami Beach
Office of the City Attorney, 4th Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
FOLIO No. 02-4203-009-2021
Folio No. 02-4203-009-2040
EASEMENT AGREEMENT AUG 0 202?
THIS EASEMENT AGREEMENT (the "Agreement") is made effective this day of
,2019, by and between the CITY OF MIAMI BEACH,FLORIDA, a Florida municipal
corporation, in its proprietary capacity, its successors and assigns ("Grantor") and SOBE
TOSCANA, LLC, a Florida limited liability company, its successors and assigns ("Tenant") and
MIAMI BEACH, LLC, a Florida limited liability company, its successors and assigns(Restaurant
Owner)(Collectively, "Grantee").
WHEREAS, Grantor owns approximately 2,216 square feet of land, located at 22
Washington Avenue, Miami Beach, Florida, bearing Folio No. 02-4203-009-2021, as more
particularly described in Exhibit"A" hereto("Property'), and
WHEREAS, the Property is positioned immediately adjacent to an existing restaurant
space, located at 816 Commerce Street ("Restaurant Premises"), that is leased by the Tenant
from Restaurant Owner; and
WHEREAS, Grantor, as landlord, and Tenant are parties to a Lease Agreement, dated
August 9, 2017(Lease), involving the use of the Property as an outdoor seating area, ancillary to
the Tenant's use of the Restaurant Premises; and
WHEREAS, on December 8, 2021, the Mayor and City Commission adopted Resolution
No. 2021-31926,authorizing the City Manager to execute an Easement Agreement for the use of
a non-exclusive, subterranean, easement under a portion of the Property, as more particularly
described in Section 2, for the installation of a new grease trap system,with a 500 gallon capacity
(the "Facilities"), that will benefit the restaurant operations at the Restaurant Premises.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Recitals. The above recitals and findings set forth in the preamble of this Agreement are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
2. Grant. Grantor grants unto Grantee, its lessees and licensees, a non-exclusive
subterranean easement, having approximately 204 square feet under that portion of the Property,
as more specifically on Exhibit "B" incorporated herein by reference and attached hereto (the
Page 1 of 13
as more specifically on Exhibit "B" incorporated herein by reference and attached hereto (the
"Easement Area") to install, replace and maintain the Facilities, together with the non-exclusive
right of ingress and egress over the Property for general construction purposes, subject to the
prior coordination and consent of Grantor, which consent will not be unreasonably withheld or
delayed. This Easement Area shall benefit the Restaurant Premises, as more particularly
described in Exhibit"C", incorporated herein by reference and attached hereto.
3. Use of Easement Area. During the term of this Agreement,the Easement Area shall only
be used to install, maintain, replace or remove, as needed, the Facilities ("Permitted Uses").
Grantee will cause plans and:specifications to be prepared for any construction work related to
the installation of any Facilities (the "Work") and obtain any and all governmental permits and
approvals which may be required by any and all federal, state and local laws("Laws") applicable
to the Work (the "Permits"). While the initial Facilities have been approved by Grantor, in its
proprietary capacity, all subsequent Work in connection with a Permitted Use, which requires the
application of a building permit, shall be subject to the written consent of Grantor, which consent
shall not be unreasonably withheld or delayed, provided said Facilities shall not unreasonably
interfere with the Grantor's use of its Property and is contained within the Easement Area. After
completion of the Work in the Easement Area.by the Grantee, Grantee, at its sole expense, shall
be required to restore the surface area of the Easement Area and the surrounding area to its
original or better condition, ensuring that any hardscape or landscape that was disturbed during
the construction process, including other adjoining areas, look uniform and not patched up.
Grantee shall be responsible for maintaining its Facilities located within the Easement Area in
good condition at all times, and in compliance with all.Laws.
In connection with any approved Work, Grantor, in its proprietary capacity, agrees to execute any
Permit documents as may be necessary to obtain and thereafter maintain the Permits:
4. Use by Grantor of Property. Grantee realizes that the use of the Easement Area is
nonexclusive, and that Grantor may continue to use the Easement Area, or grant further
easement rights within the Easement Area, provided that Grantor does not unreasonably impede
Grantee from using the Easement Area for the Permitted Uses. Grantee, at its own expense,
may be required to move or modify the Facilities, as may be deemed necessary in connection
with Grantor's use and operation of the Propertyor in connection with a governmental interest of
the City of Miami Beach. In the event of a request for relocation, Grantor shall provide an
alternate location as close as reasonably possible to'the existing Easement Area. Unless caused
by the gross negligence of,Grantor, its employees, or agents, Grantor shall not be liable for injury,
loss or damage to any of Grantee's Facilities that may be present in or outside the Easement
Area from time to time, however occurring.
5. Easement Term. This Agreement and Grantee's rights and privileges hereunder shall
have a term that is co-terminus with the length of time that Grantee continues to use the Facilities
in the Easement Area, unless terminated under the terms of this Agreement. Grantee's failure to
use the Easement Area for a period exceeding one hundred eighty(180)days shall be deemed
an abandonment of the Easement Area, and may be terminated only as provided for herein. The
Term shall commence upon the City's Building Department issuing the full Building Permits to
commence work in the Easement-Area ("Commencement Date''). Grantee ,shall send written
notice to Grantor of the date of issuance for the Building Permits, prior to commencing to perform
work at the Property, and thereafter when Grantee intends to cease use of the Easement Area.
6. Consideration. Grantee will pay to Grantor an annual fee for use of the Easement Are, in
the amount of One Thousand three Hundred-Fourteen Dollars_($1.314.40)for the first year, with
Page 2•of 13
three percent(3%)annual increases thereafter.The annual fee shall be payable within thirty(30)
days from the Commencement Date, and payable each year thereafter within ten(10)days of the
annual anniversary of the Commencement Date of this Agreement.
7. Insurance. At all times during the term of this Agreement, Grantee, at its sole expense,
shall obtain and keep in force insurance which may be required by applicable Laws governing
Grantee's operations upon the Easement Area, and at minimum shall include the following:
A. Commercial General Liability Insurance on an occurrence basis, to include:
Premises Operations; Independent Contractors; Contractual Liability; Personal &
Advertising Injury; Products-Completed Operations; Broad Form Property Damage
including Completed Operations; and Underground, Explosion and Collapse
Property Damage, with limits no less than '$1,000,000 per occurrence and
$2,000,000 aggregate, for bodily injury and property damage. City of Miami
Beach must be included as an additional insured by endorsement with
respect to this coverage.
B. Workers' Compensation Insurance for all employees of the Grantee, and Grantee
shall require subcontractors at all tiers to carry Workers' Compensation Insurance,
as required by Florida Statute Chapter 440 and Employer's Liability Insurance with
a limit of no less than $1,000,000 per accident for bodily injury or disease.
Waiver of Subrogation—Grantee agrees to obtain any endorsement that'may be necessary to
affect the waiver of subrogation on the coverages required. However, this provision applies
regardless of whether the Grantor has received a waiver of subrogation endorsement from the
insurer.
Acceptability of Insurers — Insurance must'be placed with insurers with a current A.M. Best
rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida
Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed
and authorized to do insurance business in the State of Florida.
Verification of Coverage — Grantee shall furnish the Grantor with original certificates and
amendatory endorsements, or copies of the applicable insurance language, effecting coverage
required by this Agreement. All certificates and endorsements are to be received and approved
by the Grantor before work commences. However,failure to obtain the required documents prior
to the work beginning shall not waive the Contractor's obligation to provide them. The Grantor
reserves the right, to review complete, copies of all required insurance policies, including
endorsements, required by these specifications,at any time at'a mutually agreeable location.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
3rd FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve Grantee of his liability and obligation
under this section or under any other section of this agreement.
8. Grantee's Right to Terminate; 'Termination.of Easement; .Removal of Grantee's
Facilities, Grantee shall-have-the-right-to,terminate.this'Agreement,at:any-time; without cause,
Page 3 of 13
by providing Grantor with one hundred eighty (180) days' prior written notice: Following such
termination, any other termination of the Agreement, or expiration of this Agreement, this
Agreement shall become null and void and neither party shall have any further rights or duties
hereunder, except as to provisions which are intended to survive expiration or termination of the
Agreement. Prior to the expiration or termination of this Agreement, Grantee shall remove all of
Grantee's Facilities from the Easement Area and restore the Property to the condition it was in
before this Agreement, reasonable wear and tear excepted.
9. Recording. Grantor, at Grantee's expense, shall record this Agreement.
10. Hold Harmless. Grantee shall indemnify, defend and hold harmless Grantor, and its
officers, employees, agents, and contractors("Indemnified Parties")from and against any and all
actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not
limited to, attorneys'fees and costs for personal, economic or bodily injury, wrongful death, loss
of or damage to property,which may arise:or be alleged to have arisen from the use,construction
on, and occupancy of the Easement Area by Grantee, its employees, contractors, servants,
lessees, licensees or agents, or any other person or entity acting under Grantee's control or
supervision, except to the extent such claims are caused:by the intentional misconduct or grossly
negligent acts or omissions of the Grantor,its officers, or employees.To that extent,Grantee shall
pay all such claims and losses and shall pay all such costs and judgments which may'issue from
any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees
expended by Grantor in the defense of such claims and losses, including appeals. Grantee
expressly understands and agrees that any insurance protection required,by this Agreement or
otherwise provided by the Grantee shall in no way limit Grantee''s responsibility to indemnify, keep
and save harmless and defend the Indemnified Parties as herein provided.
The provisions of this Section 10 and of this indemnification shall survive termination or expiration
of this Agreement.
11. Hazardous Substances. For the purposes of this Agreement, "Hazardous substances"
shall mean,without limitation,all hazardous toxiasubstances, wastes and materials', all pollutants
and contaminants and any other similar,substances or materials which are included under or
regulated by any present or future Environmental Laws. The term "Environmental Laws" means
any local, state or federal law, rule or regulation pertaining to protection of human health and the
environment, or environmental contamination, clean-up or disclosure including,without limitation,
the federal Comprehensive Environmental Response Compensation and Liability Act of 1980,the
federal Resource Conservation and Recovery Act of 1976, and any applicable law concerning
waste management for the state where the Property is located, and,amendments thereto, and
regulations adopted.pursuant to all such statutes, as amended.
Grantee shall not(either with or without negligence)cause or permit the use, storage,,generation,
escape, disposal or release of any Hazardous Substances of Hazardous Wastes in any manner
not sanctioned by law. In all events, Grantee shall indemnify and:hold and hold Grantor harmless
from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses
(including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and
consultants' and experts' fees) from the presence or release of any Hazardous Substances or
Hazardous Wastes on the Easement Area if caused by Grantee or persons acting under Grantee.
Grantee shall execute such affidavits, representations and the like_from time_to_time as Grantor
Page 4 of 13
may reasonably request concerning Grantee's best knowledge and belief as to the presence of
Hazardous Substances or Hazardous Wastes within the Easement Area or otherwise affecting
the Property.
12. Interference. Subject to the requirements of Paragraph 4, from and after the date hereof
and continuing until the Agreement is terminated, Grantee shall have the non-exclusive right to
use the Easement Area in any manner which is consistent with the Permitted Uses and that will
not interfere the Grantor's use of the Property.
13. Notices. All notices hereunder shall be in writing and shall be given by (i) established
national courier service which maintains delivery records, (ii) hand delivery, or (iii) certified or
registered mail, postage prepaid, return receipt requested to the addresses contained herein.
Notices are effective upon receipt, or upon attempted delivery if delivery is refused.
If to Grantor:
City of Miami Beach, Florida
1700 Convention Center Drive, Fourth Floor
Miami Beach, Florida 33139
Attention: Asset Management Division Director,
Facilities and Fleet Management Department
With copy to:
City of Miami Beach
1700 Convention Center Drive, Fourth Floor
Miami Beach, Florida 33139
Attention: City Attorney
If to Grantee:
Sobe Toscana, LLC
816 Commerce Street
Miami Beach, Florida 33139
Attention: Catherine Arrighi
Miami Beach LLC
132 Newbury Street
Boston, MA 02116
Attention: Alex Safer
With copy to:
Paul B. Steinberg, Esq.
Steinberg &Associates P.A.
767 Arthur Godfrey Road
Miami Beach, Florida 33140
14. Default/Remedies. In the event either Grantor or Grantee (1-) fails to make any
payments due under the Agreement within fifteen(15)days, after written notice from the
other party ("monetary default") or (2) fails to fulfill, in a timely manner, or otherwise
violates, any of-the covenarits;'agreements, or stipulations material to-this Agreement
Page 5of13
within thirty(30)days, after written notice from the other party("non-monetary default'),
such other party shall have the right to terminate the Agreement for cause. The
timeframe to cure a non-monetary default shall be reasonably extended if the defaulting
party has commenced the curative actions and the timeframe to cure will take longer
than thirty (30) days to complete, but for no longer than sixty (60) days. Additionally,
such other party shall have the right to seek injunctive relief, to require specific
performance of this Agreement,to,collect damages from the defaulting party,and to take
such actions as may be necessary in such other party's discretion to cure such violation
and charge the defaulting party with all reasonable costs and expenses incurred by such
other party as a result of such violation (including, without limitation, such other party's
reasonable attorneys'fees). All rights and remedies provided underthis Agreement are
cumulative and may be pursued singularly, in any combination, and in any order. The
failure to enforce any of the terms and provisions contained herein shall in no event be
deemed to be a waiver of the right to thereafter strictly enforce the terms and provisions
hereof.
Interest. Any sums which remain unpaid shall accrue interest at the rate of one percent
(1%) per month from the due date until paid in full.
15. Miscellaneous.
a. Authority. Grantor represents that it owns the referenced property in fee simple and
has the right and authority to execute this Agreement. Grantee represents that the
undersigned representative has the right and authority to execute this Agreement.
b. Partial Invalidity. If any term of this Agreement is found to be void or invalid, then such
invalidity shall not affect the remaining terms of this Agreement, which shall continue in
full force and effect.
c. Successors and Assigns. Except as otherwise provided herein, this Agreement shall
extend to and bind the heirs, personal representatives, successors and assigns of the
parties hereto.
d. Entire Agreement. Grantor and Grantee agree that this Agreement contains all of the
agreements, promises and understandings between Grantor.and Grantee. Any addition,
variation or modification to this Agreement shall be void and ineffective unless made in
writing and signed by the parties hereto.
e. Construction of Document. Grantor and Grantee acknowledge that this document
shall not be construed against the drafter by virtue of said party being the drafter.
f. Applicable Law. This Agreement and the performance thereof shall be governed,
interpreted, construed and regulated by the laws of the State where.the Easement Area
is located.
[Remainder of Page Left Blank; Signature page follows)
Page 6 of 13
IN WITNESS WHEREOF, Grantor and Grantee having read the foregoing and intending
to be legally bound hereby, have executed this:Agreement as of the day and year first written
above.
GRANTOR:
ATTEST: CITY OF MIAMI BEACH, FLORIDA
72i AUG 10 2022
By.
Rafael E. Granado, City Clerk ' a T. Hudak, City anager
•
:I'fi'CORP ORATE
a c,�a-.,F� '
D
,INji
CH
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF )
The foregoing Second Mortgage and Security Agreement was acknowledged before me,
by means of physical presence or online notarization, this day of
, 20_, by Alina T. Hudak, City Manager, of the City of Miami Beach, Florida,
who are personally known to me or have produced as
identification.
My Commission Expires: Notary Public, State of Florida
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
!?7J22.
Page7of13 °'r
• City Attorney Dote
WITNESSES: GRANTEE:
SOBE TOSCANA, LLC,
a Fl•rida limited liability company,
By: , chee Sobe Corp:, a Florida
cor, •�+. on, as anager of Sobe
. •Ie0 /'
Tos, • L
By:
NI
P a e: OM iia ; . Print N: e: Catherine Arriohi Guitera
OMPrint Title(if any): President
Print •-a f".1_44, A ,A
II
ACKNOWLEDGEMENT
State/Commonwealth of f 0-;b1
County of G�- -�� J�
On this, the �D day of 0.----L 20�, before me, by means of physical
presence or online notarization, the undersigned officer in and for the above-stated
jurisdiction, personally appeared e,,a-1, -e- 11,,51.; C.-: -, Who acknowledged him/herself to
be the '-'.e._5 J c, of Lychee Sobe Corp, a Florida
corporation, as Manager of Sobe Toscana; LLC, and that he/she, being authorized to do so,
executed the foregoing Easement for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand,and official seal.
a.
Notary Public
• ' �A`l RICHARD L.STEINBERG
* �MY COMMISSION#GG297275
,�`' de EXPIRES:March 06,2023
Page 8of13
By: Mia obe Co •., a Florida
corporation, •s _ ag of Sobe
Toscana, LL
By:
int am : ` Print Name:A on No-•ues Guitera
Print Title any : resident
Print Nam : S ( C4
State/Commonwealth of '`=10
County of 19k 4.1-
On this, the 2-- day of TK-"f , 20 22.,_before,me; by means of _.- physical
presence or online notarization, the undersigned officer in and for the above-stated
jurisdiction person ily appeared 14,%dr/ No .1k� �.t�`� , who acknowledged him/herself to
be the � r of Mia Sobe Corp, a Florida
corporation, as Manager of Sobe Toscana, LLC, and that he/she, being authorized to do so,
executed the foregoing Easement for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set m arse-e
•
Notary Public
roY P��� RICHARD L.STEINBERG
MY COMMISSION#GG22023
1, +�� g}{pIRES:March 06,
Page 9 of 13 •
By: MIAMI BEACH, LLC,
a Flori ' company
By:
Print Name: NYI a) fit, Hu%c p;n 1• Print Name,,Gaston Sa ar
Print Title(if any): Manager
Print Name:\a.,n.; Plaircv S
State/Commonwealth of MkcS 1 5 Tr5
County of SUPFOLtt-
On this, the
n,� ' day of V , 202 , before me, by means:of physical
presence or online notarization, the undersigned officer in and for the above-stated
jurisdiction, personally appeared�q fO1J�Pr�- , who acknowledged. him/herself to
be the Oci o��, of MIAMI BEACH, LLC, a Florida
limited liability Company, and that he/she, being authorized to do so, executed the foregoing
Easement for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set r ha- official seal.
Notary Public
BALNI J. PIMENTEL,JR.
Notary Public
Massachusetts
,t�/ My Commission Expires
Jan 26, 2029
Page 10 of 13
Exhibit"A"
THE PROPERTY
A portion of Lots 1 and 2, Block 51, OCEAN BEACH ADDITION NO. 3,
according to the Plat thereof, recorded in Plat Book 2, at Page 81, of the
Public Records of Miami-Dade County, Florida, being more particularly
described as follows: Bounded on the North by the South R/W line of
Commerce St.; Bounded on the West by the East line of Lot 2; Bounded.on
the South by the North R/W line of Biscayne Court; Bounded on the East by
a line that is a perpendicular distance of 100 feet westerly and parallel.to the
East R/W line of Washington Avenue.
Page 11 of 13 -
Exhibit"B"
THE EASEMENT AREA
Page 12 of 13
SKETCH & LEGAL DESCRIPTION
EASEMENT •
SECTION 3, TOWNSHIP 54 SOUTH, RANGE 42 EAST
PROPERTY ADDRESS:
816 COMMERCE STREET, MIAMI BEACH, FLORIDA 33139
Folio# 02-4203-009-2040
Folio# 02-4203-009-2021 "CITY PROPERTY"
LEGAL DESCRIPTION:
The South 19 feet of the West 10.75 feet of Lot 2, in Block 51 of "OCEAN
BEACH FLA ADDITION NO. 3' , according to the. plat thereof as recorded in Plat
Book 2, at Page 81, of the Public Records of Miami—Dade County, Florida.
Said lands containing 204 square feet, more or less.
SURVEYOR'S NOTES:
1) This is not a BOUNDARY SURVEY, but only a GRAPHIC DEPICTION of the description shown hereon. c2
2) Additions or deletions to survey maps or reports by other than the signing party or parties are
prohibited without written consent of the signing party or parties.
3) There may be additional Restrictions not shown on this survey that may be found in the Public
Records of this County, Examination of ABSTRACT OF TITLE will hove to be made to determine
recorded instruments, if any affecting this property.
4) No Title search has been performed to determine if there ore any conflict existing or arising out of
the creation of the Easements, Right of Ways, Parcel Descriptions, or an.y other type of encumbrances o
Q that the herein described legal may be utilized for.
5) The North arrow and .bearings shown hereon are based on aforementioned recorded plot.
r. 6) Coordinates shown hereon are relative' to th'e Flo(ida State Plane coordinate system East in
Zone, North American Datum of 1983/12011 (NAD/2011).
7) This Sketch and Legal Decription is Certified to the City .of Miami Beoch. r
N N
SURVEYOR'S CERTIFICATE:
I Hereby Certify to the best of my knowledge and belief that this drowing is .a. true and correct representation of u.
the SKETCH AND LEGAL DESCRIPTION of the real property described hereon. o
I further certify that this survey was prepared in accordance with the applicable provisions of Chapter 5J-17.
N Florida Administrative Code.
Jacob o7;.",l s 391
Date
Gomis.9S 37--0a'0 N
r' ._II,OI( domm oKrY LB-.#7282 Date: August 19, 2021 JACOB_GOMIS_
LAND 9URVEYORs, INC. Job-Number: RP21-1223 Professional Surveyor & Mapper .d
6175 NW 153rd STREET SUITE 321, MIAMI LAKES, Ft. 33014 State 'of Florida Reg. No. 6231 0
PHONE: 305-822-6062 ' FAX: 305-827-9669 NOTE: This Sketch is NOT A BOUNDARY SURVEY. Page 1 of 2 Y
•
SKETCH & LEGAL DESCRIPTION
EASEMENT
SECTION 3, TOWNSHIP 54 SOUTH, RANGE 42 EAST
COMMERCE STREET
RIGHT—OF—WAY LINE — —
30.00' 1 30.00' f
I I 40'
I 1
"OCEAN BEACH, FLA ADDITION NO.3" I 30' r
(P.B. 2, PGA'', M.D.C.R.) ' ' 1
CU
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PORTION 10 z o 1I j 3 '
- BOCK 351 BLOCOKT 51 _ / L` `b
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BUILDING L____J
No. 816
l' ~ gym
Folio No. l
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o a I
02-4203-009-2040 jO75loi / /(r) /
________/3000' �N 522567.95 522 . o
E 940633.29 E 443 /
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15' ALLEY PER PLAT I
19
—T_ I I' I
GRAPHIC SCALE .. 'LEGEND h
° 70 20 ,��`�` %/////////A = DENOTES PROPOSED EASEMENT
+- N = NORTHING —
,s E = FASTING
s ( IN FEET ) P.B.= PLAT BOOK c.
a 1 inch = 20 ft. PG.= PAGE .3
X M.D.C.R.= MIAMI 'DADE COUNTY RECORDS
' SURVEYOR'S CERTIFICATE:
> I Hereby Certify to the best of my knowledge ond belief that this drawing is a true and correct representation.of
the SKETCH AND LEGAL DESCRIPTION of the red property described hereon. 5
I further certify that this survey was prepared in accordance with the applicable provisions of Chapter, 5J-17, =
H Florida Administrative Code. aw��N.�q^�
5.
6 Jacob glob =
1 Omer
Gomis s°°;,.ar e
ncinr. cDomirDate: _August_ 19,_2021._ JACOB-GOMIS- --�-- 1.
CB �7282 E
2 Nip' LAND SURVEYORS, INC. Job Number: RP21-1.223 Professional Surveyor & Mapper 3
6175 NW 153rd STREET SUITE 321, MIAMI LAKES, FL. 33014 State of Florida Reg. No. 6231 a
PHONE: 305-822-6062 ° FAX: 305-827-9669 NOTE: This Sketch is NOT A BOUNDARY SURVEY. Page 2 of 2
Exhibit"C9/
THE RESTAURANT PREMISES
Lot 3, Block 51,OCEAN BEACH ADDITION NO.3,according to the Plat thereof,as recorded
in Plat Book 2, Page 81, of the Public Records of Miami-Dade County, Florida.
Page 13 of 13
RESOLUTION NO. 2021-31926
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN EASEMENT AGREEMENT FOR THE NON-
EXCLUSIVE USE OF A SUBTERRANEAN EASEMENT WITHIN CITY-OWNED
UNIMPROVED LAND, LOCATED AT 22 WASHINGTON AVENUE, FOR THE
INSTALLATION AND MAINTENANCE OF A GREASE TRAP FACILITY, TO
BENEFIT THE CITY'S TENANT,SOBE TOSCANA, LLC,AND OWNER OF THE
ADJOINING RESTAURANT PROPERTY, LOCATED AT 816 COMMERCE
STREET.
WHEREAS, the City, as landlord, and Sobe Toscana LLC d/b/a Call Me Gaby(Tenant)
are parties to a Lease Agreement, dated August 9, 2017 (Lease), involving the use of
approximately 2,216 square feet of City owned land, located at 22 Washington Avenue, Miami
Beach, Florida (Demised Premises); and
WHEREAS,the Demised Premises, which is used as an outdoor seating area by Tenant,
is positioned adjacent to an existing restaurant, located at 816 Commerce Street(Restaurant at
816 Commerce Street), that is leased by the Tenant from a private landlord, Miami Beach, LLC
("Restaurant Owner"); and
WHEREAS, the use of the Demised Premises is ancillary to the Tenant's use of the
Restaurant at 816 Commerce Street; and
WHEREAS, the Restaurant at 816 Commerce Street accommodates approximately 125
people and the Demised Premises accommodates outdoor seating for an additional 85 people;
and
•
WHEREAS,in 2020,the Tenant amended their lease for the Restaurant at 816 Commerce
Street to incorporate and expand their interior seating to the second floor of the Restaurant at 816
Commerce Street, and to extend their lease through 2040; and
WHEREAS, in connection with this expansion, Tenant asked the City to approve the
renewal term in advance, and to grant a non-exclusive, subterranean, easement under a portion
of the Demised Premises,for the relocation and installation of a new grease trap system, in order
to meet the DERM requirements for the Restaurant's new seating capacity of 250 seats; and
WHEREAS, on October 13, 2021, the Mayor and City Commission adopted Resolution
No. 2021-31886, authorizing the City Manager to execute Amendment No.1 to the Lease,
approving the sole renewal term of the Lease, and modifying the Termination for Convenience
clause, to require the additional approval of the City Commission prior to the exercise of the
termination for Convenience clause; and
WHEREAS,pursuant to the Sketch and Legal Description of the proposed Easement Area
provided by Tenant, the Easement Area for the location of the new grease traps will have
approximately 204 square feet; and
WHEREAS, the City conducted an appraisal to secure the valuation for the annual use
fee associated with the use of the Easement Area; and
WHEREAS, pursuant to the Appraisal Report, dated September 24, 2021, prepared by
CBRE, Inc, the market value for the easement estate would be $6.44 per square foot (PSF), for
a total yearly use fee of$1,314.00 for the first year, and would include three percent(3%)annual
escalations thereafter(Use Fee); and
WHEREAS,the Term of the Easement Agreement would be concurrent with the operation
of the Restaurant,to allow continuous and uninterrupted operations of the new grease trap facility
and expire when the Restaurant no longer needs the to use the Easement Area for the operation
of these grease traps,or until there is a default under the terms of the Easement Agreement,such •
as the failure to pay the Use Fee; and
WHEREAS, under the terms of the Easement Agreement, the City will retain the right to
construct and make any other improvements within the Easement Area, so long as such
improvements do not unreasonably impede Tenant's authorized use of the Easement Area; and
WHEREAS, it is unlikely the City would generate revenue from the Property other than
the rent that it currently generates for the use of the outdoor seating area for the Restaurant and
the Use Fee in connection with the use of the proposed Easement Area; and
WHEREAS, based upon the foregoing, the City Manager recommends executing the
Easement Agreement, substantially in the form attached to the City Commission Memorandum
as Attachment C.
NOW, THEREFORE, BE IT DULY RESOLVED. BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City Manager to execute an Easement Agreement
for the non-exclusive use of a subterranean easement within City-owned unimproved land,
located at 22 Washington Avenue, for the installation and maintenance of a grease trap facility,
to benefit the City's Tenant, Sobe Toscana, LLC, and owner of the adjoining restaurant property,
located at 816 Commerce Street.
•
PASSED and ADOPTED this g day of Dpcember 2021.
Dan Gelber, Mayor
ATTEST:
.76/ ,,,,,,,,N1%.%
Rafael E. Granado, City Clerk I kINCORPFORATEDi
DEC 1 3 2021
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION •
I
City Attorney Dote