Resolution 2023-32528 RESOLUTION NO'. 2023-32528
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A PERPETUAL, NON-REVOCABLE RIGHT-OF-WAY
EASEMENT AGREEMENT WITH OCEAN PARK SOUTH BEACH
CONDOMINIUM ASSOCIATION, INC. ("GRANTOR"), IN THE FORM
ATTACHED TO THE CITY COMMISSION MEMORANDUM ACCOMPANYING
THIS RESOLUTION; SAID AGREEMENT GRANTING THE CITY THE RIGHT TO
USE A THREE(3) FDOT EASEMENT AREA,ALONG THE EASTERN PORTION
OF GRANTOR'S PROPERTY, LOCATED AT 304 OCEAN DRIVE, FOR
SIDEWALK PURPOSES AND TO ACCESS, INSTALL, OPERATE, MAINTAIN,
REPAIR, REPLACE AND UPGRADE UTILITIES; SAID EASEMENT AREA
HAVING APPROXIMATELY 150 SQUARE FEET AND LYING ON THE
NORTHWESTERLY THREE (3) FEET OF THE SOUTHEASTERLY FIFTEEN
(15) FEET OF LOT 7, BLOCK 4, OCEAN BEACH, FLORIDA, ACCORDING TO
THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 2 AT PAGE 38, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, 312 Ocean Park, LLC, a Florida limited liability company, developed the
property located at 304 Ocean Drive, Miami Beach as a condominium, as evidenced by that
certain Declaration of Ocean Park Condominium, recorded in Official Records Book 33521, at
Page 3284, of the Public Records of Miami-Dade County, Florida; and
WHEREAS, Ocean Park Condominium (`Condominium") is governed by Ocean Park
South Beach Condominium Association, Inc. (the "Association"); and
WHEREAS, the subject property is comprised of Lot 8, of Block 4, less the Easterly 15.00
feet thereof, and Lot 7, of Block 4, less the Easterly 12.00 feet thereof, of OCEAN BEACH,
FLORIDA. according to the Plat thereof, recorded in Plat Book 2, at Page 38, of the Public
Records of Miami-Dade County, Florida; and
WHEREAS, there is a three (3) foot strip of land owned by the Association along the
eastern boundary of the subject property, which is already currently used and maintained by the
City for sidewalk purposes ("Easement Area"); and
WHEREAS,the Association would like to grant the City, at no cost to the City, a perpetual,
non-revocable easement, to formalize the current use of the Easement Area as a sidewalk, and
to further grant the City the right to access, install, operate, maintain, repair, replace and upgrade
utilities within the Easement Area; and
WHEREAS, pursuant to Section 718.111(10), Florida Statutes, the Association has the
authority to grant easements on behalf of the Condominium; and
WHEREAS, based upon the foregoing,the City Manager recommends that the Mayor and
City Commission approve and authorize the City Manager and City Clerk to execute the
Easement Agreement, in the form attached to the City Commission Memorandum accompanying
this Resolution, in order to accept the public benefit being proffered by the Association at no
additional cost to the City.
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 authorize the City Manager and City Clerk to execute a perpetual, non-revocable right-of-
way Easement Agreement with Ocean Park South Beach Condominium Association, Inc.
("Grantor"), in the form attached to the City Commission Memorandum accompanying this
Resolution; said Agreement granting the City the right to use a three(3)foot Easement Area, along
the eastern portion of Grantor's property, located at 304 Ocean Drive, for sidewalk purposes and
to access, install, operate, maintain, repair, replace and upgrade utilities; said Easement Area
having approximately 150 square feet and lying on the northwesterly three (3) feet of the
southeasterly fifteen (15)feet of lot 7, Block 4, Ocean Beach, Florida, according to the plat thereof,
as recorded in Plat Book 2 at Page 38, of the public records of Miami-Dade County, Florida.
PASSED and ADOPTED this a-1 day ofGrok_ 2023.
ATTEST: 11<2-71
MAR 1 ?Q7� Dan Gelber, Mayor
•I
Rafael E. Granado, City Clerk s
i 0
iIHCOR O,ATEO
APPROVED ASTO
FORM&LANGUAGE
&FOR EXECUTION
�p 3 -4--)
City Attorney.2 Date
• Resolutions -C7 L
MIAMI BEACH •
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: March 27, 2023
• SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE A PERPETUAL, NON-REVOCABLE RIGHT-OF-
WAY. EASEMENT AGREEMENT WITH .00EAN PARK SOUTH
BEACH CONDOMINIUM ASSOCIATION, INC. ("GRANTOR"), IN THE
FORM ATTACHED TO THE CITY COMMISSION MEMORANDUM
ACCOMPANYING THIS RESOLUTION; SAID AGREEMENT GRANTING
THE CITY THE RIGHT TO USE A THREE, (3) FDOT EASEMENT AREA, '
ALONG THE EASTERN PORTION OF GRANTOR'S PROPERTY, LOCATED
AT 304 OCEAN DRIVE, FOR SIDEWALK PURPOSES AND TO ACCESS,
INSTALL,, OPERATE, MAINTAIN, REPAIR, REPLACE AND UPGRADE
UTILITIES; SAID EASEMENT AREA HAVING APPROXIMATELY 150
SQUARE FEET AND LYING ON THE NORTHWESTERLY THREE (3) FEET
OF THE SOUTHEASTERLY FIFTEEN (15) FEET OF LOT 7, BLOCK 4, •
OCEAN BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2 AT PAGE 38, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA.
RECOMMENDATION
The City Manager hereby recommends that the Mayor and City Commission approve and
•authorize the City Manager and City Clerk to execute a perpetual, non-revocable right-of-way
Easement Agreement with Ocean Park South Beach Condominium Association, Inc., in the
form attached hereto, which is being offered at no cost to the City and will serve to formalize the
City's current use of the sidewalk located within the proposed Easement Area and to provide the
• City with additional space to install and maintain utilities within the Easement Area.
BACKGROUND/HISTORY
312 Ocean Park, LLC, a Florida limited liability company, developed the property located at 304
Ocean Drive, Miami Beach as a condominium, as evidenced by that certain Declaration of •
Ocean Park Condominium, recorded in Official Records Book 33521, at Page 3284, of the
Public Records of Miami-Dade County, Florida. Ocean Park Condominium ("Condominium") is
governed by Ocean Park South Beach Condominium Association, Inc. (the "Association").
Page 455 of 1292
•
The subject property is comprised of Lot 8, of Block 4, less the Easterly 15.00 feet thereof, and
Lot 7, of Block 4, less the Easterly 12.00 feet thereof, of OCEAN BEACH, FLORIDA,
according to the Plat thereof, recorded in Plat Book 2, at Page 38, of the Public Records of
Miami-Dade County, Florida.
There is a three (3) foot strip of land owned by the Association along the eastern boundary of
the subject property, which is already currently used and maintained by the City for sidewalk
purposes ("Easement Area"). The Easement Area has approximately 150 square:feet and is
legally described as:
The northwesterly three (3) feet of the southeasterly fifteen (15) feet of lot 7, Block 4, Ocean
Beach, Florida, according to the plat thereof, as recorded in Plot Book 2 at Page 38, of the
public records of Miami-Dade County, Florida.
ANALYSIS
The Association would like to grant the City, at no cost to the City, a perpetual, non-revocable
easement, to formalize the current use of the. Easement Area as a sidewalk, and to further grant
the City the right to access, install, operate, maintain, repair, replace and upgrade utilities.
Pursuant to Section 718.111(10), Florida Statutes, the Association has the authority to grant
easements on behalf of the Condominium.
SUPPORTING SURVEY DATA
Results from the 2022 Resident Survey related to the City's perception and satisfaction show
an overall approval of 67.4%, and rated the City as a good place to live.
FINANCIAL INFORMATION
No fiscal impact •
CONCLUSION
The City Manager hereby recommends that the Mayor and City Commission approve and
authorize,the City Manager and City Clerk to execute a perpetual,, non-revocable right-of-way
Easement Agreement with Ocean Park South Beach Condominium Association, Inc., in the
form attached hereto,,which is being offered at no cost to the City and will serve to formalize the
• City's current use of the sidewalk located within the proposed Easement Area and to provide the'
City with additional space to install and maintain utilities within the Easement Area.
Applicable Area
South Beach •
Is this a "Residents Right Does this item utilize G.O. •
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality
entertainment destination. •
Page 456 of 1292
Legislative Tracking.
Public Works
ATTACHMENTS:
Description
o Opinion of Title, 304 Ocean
❑ Draft Agreement
D Exhibit A- Sketch and Legal, 304 Ocean
❑ Resolution
Page 457 of 1292
OPINION OF TITLE
To: City of Miami Beach
With the understanding that this Opinion of Title is furnished to the City of Miami Beach, as
inducement for acceptance of a Right-of-Way Easement Agreement (the "Easement"), covering
the real property, hereinafter described, it is hereby certified that I have examined the following:
(i) Owner's Policy of Title Insurance Number 5011412-0592272e issued by First American Title
Insurance Company dated December 20, 2018, at the hour of 1:41:36 p.m.; and (ii) Title Search
Report under File No.: 7222-6344692 issued by First American Title Insurance Company, which
covers the period of time from December 20, 2018, through January 30, 2023, at the hour of
8:00 a.m., of the following described property:
See attached Exhibit "A"
I am of the opinion that on January 30, 2023, at 8:00 a.m., the fee simple title to the above-
described real property (the "Property") was vested in:
312 Ocean Park, LLC, a Florida limited liability company, as the owner of all Units within the
Ocean Park Condominium and the holder of an undivided interest in the Common Elements
pursuant to that certain Declaration of Ocean Park Condominium.
Ocean Park South Beach Condominium Association, Inc. is authorized to execute the
Easement in accordance with Chapter 718, Florida Statutes.
Subject to the following encumbrances (If"none" please indicate):
1. RECORDED MORTGAGES:
None.
2. OTHER MATTERS:
a. Facts which would be disclosed by a current accurate survey of the.Property.
b. Rights or claims of parties in possession.
c. Construction, mechanic's, contractors' or materialmen's lien claims, if any, where no
notice thereof appears of record.
d. Easements or claims of easements not shown by the public records.
e. General or special taxes and assessments required to be paid for the year 2022 and
subsequent years.
f. Restrictions, dedications, conditions, reservations, easements and other matters shown
on the plat of OCEAN BEACH, FLA., as recorded in Plat Book 2, Page(s) 38, but
deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status or national
origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c).
MIADOCS 25814988 1
Page 458 of 1292
Opinion of Title
Page 2 of 3
g. Terms and conditions of City of Miami Beach Historic Preservation Board Order filed in
Book 29250, Page 2134.
h. Terms and conditions of City of Miami Beach Historic Preservation Board Supplemental
Order filed in Book 29250, Page 2104.
i. Survey by Target Surveying, LLC dated 8/21/2018, survey no. 338476 showing a fence
extending beyond the western boundary of parcel 2.
j. Terms and conditions of City of Miami Beach Historic Preservation Board Order filed in
Book 31336, Page. 118.
k. Terms and conditions of City of Miami Beach Historic Preservation Board Order filed in
Book 31336, Page 130.
I. Claim of Lien, Official Records Book 33034, Page 923.
m. Claim of Lien, Official Records Book 33181, Page 4500.
n. Claim of Lien, Official Records Book 33210, Page 852.
o. Notice of Commencement, Official Records Book 32318, Page 4842.
p. Amended Notice of Commencement, Official Records Book 32983, Page 2115.
q. First Amended Notice of Commencement, Official Records Book 33518, Book 3588.
r. Declaration of Restrictive Covenants in Lieu of Unity of Title, Official Records Book
32269, Page 1306.
s. Declaration of Restrictive Covenants in Lieu of Unity of Title, Official Records Book
32269, Page 1313.
t. Underground Easement, Official Records Book 32717, Page 4245.
u. Declaration of Ocean Park Condominium, Official Records Book 33521, Page 3284.
All recording references are as to the Public Records of Miami-Dade County, Florida.
Therefore, it is my opinion that the following party(ies) must join in the proffered Easement in
order to make it valid and binding on the Property.
Name Interest
Ocean Park South Beach
Condominium Association, Inc. Authorized per Chapter 718,
Florida Statutes
MIADOCS 25814988 1
Page 459 of 1292
Opinion of Title
Page 3 of 3
I HEREBY CERTIFY that the legal description contained in this Opinion of Title
coincides with, and is the same as, the legal description in the proffered, recordable Easement.
I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in
the State of Florida and a member in good standing of the Florida Bar.
[Signature Page Follows]
MIADOCS 25814988 1 Page 460 of 1292
Opinion of Title
Page 4 of 3
Respectfully submitted this I day of February, 2023.
David J. Coviello
Florida Bar No. 011825
Shutts & Bowen LLP
200 South Biscayne Boulevard
Suite 4100
Miami, Florida 33131
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was ackpowledged before me by means of [physical
presence or [ ] online notarization this J7ay of February, 2023, by David J. Coviello, who
( Vjis personally known to me or ( ) has produced as identification.
(C6 littk-je 4.--
Notajy Public Printed Name: .? rn-e r
MY-Oommission Expires:
JACC UNE A.KERR
' "•�'°•: MYCOMMISSION N cc 324100
' EXPIRES:July 29,2023
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MIADOCS 25814988 1
Page 461 of 1292
EXHIBIT "A"
LEGAL DESCRIPTION:
The Northwesterly three (3) feet of the Southeasterly fifteen (15) feet of Lot 7, Block 4, OCEAN BEACH, FLORIDA,
according to the plot thereof, os recorded in Plot Book 2 of Page 38, of the Public Records of Miami—Dade
County, Florida.
SURVEYOR'S NOTES:
— This site lies in Section 3, Township 54 South, Range 42 East, City of Miami Beach, Miami—Dude County,
Florida.
— All documents ore recorded in the Public Records of Miami—Dade County, Florida unless otherwise noted.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2000-177.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on February 16, 2023,
and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027,
Florida Statutes.
"Not valid without the signature and the original raised seal or a digital signature of the Florida Licensed Surveyor and Mapper shown below"
FORTIN, LEAVY,,S.KILES, INC., LB3653 Digitally signed by Daniel C Fortin
DN: c=US, o=Florida,
;t !� dnQualifier=A01410D0000017F51 B2
04DE001 BDE6A, cn=Daniel C Fortin
By: = = ` Date: 2023.02.16 15:08:07 -05'00'
oniel C. Fortin, Jr., For The Firm
Surveyor and Mapper, LS6435
State of Florida.
Drawn By MAP LEGAL DESCRIPTION, NOTES& CERTIF/CATIOle Date 2/16/23
Cad. No. 210420 Scale NOT TO SCALE
Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 230119
2000-177 CONSULTING ENGINEERS, SURVEYORS &MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 10 2 3—009
180 Northeast 168th. Street/North Miami Beach,Florida.33162
Plotted: 2/16/23 7:25o Phone:305-653-4493/Fax 305-651-7152/Email f1s@flssurvey.com Sheet 1 of 3
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EXHIBIT "A"
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Drawn By MAP SKETCH OF DESCRIPTION Date 2/1 6/23
Cad. No. 210420 Scale 1"=30'
Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 230119
2000-177 CONSULTING ENGINEERS, SURVEYORS &MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION-NUMBER:00003653 Dwg. No. 1023-009
180 Northeast 168th. Street/North Miami Beach,Florida. 33162
Plotted: 2/16/23 7:25a Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com Sheet 2 of 3
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EXHIBIT "A"
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Drawn By MAP LOCATION SKETCH 1 Date 2/16/23
Cad. No. 210420 Scale NOT TO SCALE
Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 230119
2000-177 CONSULTING ENGINEERS, SURVEYORS&MAPPERS
FLORIDA CERTIFICATE OF.AUTHORiZATIONNU BER:00003653 Dwg. No. 1023-009
180 Northeast 168th. Street/North Miami Beach,Florida. 33162
Plotted: 2/16/23 7:25o Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com Sheet 3 of 3
/
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This instrument was prepared by:
Return to:
Name: Rafael Paz, Esq., City Attorney
Address: City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
Folio No: 02-4203-003-0500
RIGHT-OF-WAY EASEMENT AGREEMENT
THIS RIGHT-OF-WAY EASEMENT AGREEMENT(the "Agreement"), is made this day of
2023, by Ocean Park South Beach Condominium Association, Inc., a Florida
corporation not-for-profit, having an address of 1451 Brickell Avenue,Suite 2750, Miami, Florida
33131, (the "Association") in favor of the City of Miami Beach, a Florida municipal corporation
(the "City"). •
WITNESSETH:
WHEREAS, Ocean Park Condominium (the "Condominium" or the "Property") has been
constructed and created pursuant to that'certain Declaration of Ocean Park Condominium
recorded in Official Records Book 33521, Page 3284 of the Public Records of Miami-Dade County,
Florida (as amended from time to time,the "Declaration"); and
WHEREAS,the Association is the entity responsible for the management and operation of
the Condominium; and
WHEREAS, the portion of the Common Elements (as defined in the Declaration) of the
Condominium more specifically described on Exhibit "A" attached hereto and incorporated
herein by this reference (the "Easement Area") is contained within the Property; and
WHEREAS, pursuant to the powers set forth in Florida Statutes, Section 718.111(10), the
Board of Directors of the Association has the authority without the joinder of any Unit Owner,to
grant, modify, or move any easement upon the Common Elements of the Condominium; and
WHEREAS, as authorized pursuant to Florida Statutes §718.111(10),the Association seeks
to grant a perpetual, exclusive and irrevocable easement in, upon, under and through the
Easement Area in favor of the City for the "Easement Purposes" (as hereinafter defined).
Page 465 of 1292
Page 2 of 9
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto intending to be legally bound hereby agree as follows:
1. Recitals.The above recitals are true and correct and by this reference are hereby
incorporated into the body of this Agreement as if fully set forth herein.
2. Grant of Easement. The Association hereby grants to the City a perpetual,
exclusive and irrevocable easement in, upon, under and through the Easement Area for the
purposes of (a) constructing, installing, operating, using, maintaining, repairing and replacing
landscaping, sidewalks, street lighting, traffic or directional signage, underground utilities,
drainage, roadways and related infrastructure with respect to each of the foregoing (the
"Improvements") within the Easement Area, (b) granting to any parties providing utilities
services (the "Utility Providers") the non-exclusive right to use and occupy the Easement Area
for and in connection with the providing of any such utilities, subject to and in compliance with
all laws, rules, regulations, ordinances, codes, and other requirements of governmental
authorities and (c) unrestricted ingress and egress by the general public for pedestrian travel over
and across the Easement Area (collectively, (a) through (c) are herein referred to as the
"Easement Purposes"); however, Association reserves onto itself, its successors and/or assigns
(including all condominium unit owners, and their respective tenants, guests, and invitees) the
right to use the Easement Area for ingress and egress to and from the Property. The term
"utilities" shall include, but not be limited to, water, sewer, stormwater, electrical, gas,
telecommunications, telephone and cable.
3. Construction in Easement Area.
A. If the City elects to construct and/or install any Improvements within the
Easement Area, the City hereby acknowledges and agrees that: (a) all fees, costs and expenses
associated with the Improvements (including, without limitation, the design, permitting,
construction, installation, operation, use, maintenance, repair and replacement thereof) shall be
paid in full by the City; (b) the design and construction of all Improvements shall be performed
Page 466 of 1292
Page 3 of 9
and completed by the City(i) in a good and workmanlike manner, (ii)free from liens and defects,
and (iii) in full compliance with all laws, rules, regulations, ordinances, codes and other
requirements of governmental and quasi-governmental authorities having jurisdiction; and (c)
upon final completion of the Improvements, the City shall (i) remove all debris, equipment and
materials from the Easement Area, (ii) fill, compact, grade and otherwise restore the Easement
Area to substantially the same condition as existed prior to commencement of the
Improvements, including harmonizing the soil levels within the Easement Area and the lands
adjacent thereto, and (iii) keep and maintain the Improvements (and all parts and components
thereof) in good condition, repair and working order at all times.
B. Association shall not be permitted to construct and/or install any infrastructure
or other improvements within or above the Easement Area.
4. Miscellaneous.
4.1 This Agreement shall be governed by,enforced and construed under the laws of
the State of Florida. Venue for all actions, litigation and/or other proceedings arising out of this
Agreement shall be exclusively in Miami-Dade County, Florida.The parties hereby knowingly and
voluntarily waive the right to a trial by jury of any claim, controversy or disputed matter between
them arising under, out of or in connection with this Agreement. In any action, litigation or other
proceeding that is based on any claim, controversy or other disputed matter arising under, out
of or in connection with this Agreement, each party shall be responsible for its own fees, costs
and expenses (including, without limitation, attorneys' fees and costs through all trial, appellate
and post-judgment levels and proceedings) in connection with such action, litigation or other
proceeding.
4.2 The parties hereby acknowledge and agree that each has had an opportunity to
be represented by or consult with independent legal counsel and that any rule of construction
which provides that ambiguities are to be construed against the drafter shall not apply in the
interpretation or construction of this Agreement. If any term, provision or portion of this
Agreement is for any reason held to be invalid, illegal or unenforceable by a court of competent
Page 467 of 1292
Page 4 of 9
jurisdiction,then such term, provision or portion of this Agreement shall be given it nearest valid,
legal and enforceable meaning, or construed as deleted, whichever such court may determine,
and the same shall not invalidate the remaining terms, provisions and/or portions of this
Agreement,which remaining terms, provisions and portions of this Agreement will remain in full
force and effect.
4.3 This Agreement includes all exhibits attached hereto. This Agreement, together
with all such exhibits, contains the entire agreement and understanding between the parties
relating to the subject matter of this Agreement, and all prior or contemporaneous terms,
covenants, conditions, representations,warranties,statements, agreements and understandings
made by or on behalf of the parties, whether oral or written, are merged herein.
4.4 This Agreement may not be amended, modified or terminated except by a
written instrument executed by the Association and the City through its Public Works Director,
or his designee, or the successor administrative officer with jurisdiction over the matter, and
which is recorded in the Public Records of Miami-Dade County, Florida. This Agreement shall
inure to the benefit of and shall be binding upon the parties and their respective successors and
assigns.
4.5 The failure of any party to insist in any one or more instances upon strict
performance of any term, covenant, condition or other provision of this Agreement will not be
construed as a waiver or relinquishment of the future enforcement of such term, covenant,
condition or other provision of this Agreement.
4.6 Wherever appropriate in this Agreement, the singular shall be deemed to refer
to the plural and the plural to the singular, and pronouns of each gender shall be deemed to
comprehend either or both of the other genders. The section and paragraph headings in this
Agreement are for convenience only and shall not affect the meaning, interpretation or scope of
the terms or provisions set forth therein.
4.7 This Agreement may be executed in multiple counterparts, each of which
individually shall be deemed an original, but when taken together shall be deemed to be one and
Page 468 of 1292
Page 5 of 9
the same Agreement.
4.8 This Agreement shall never be construed as a conveyance in any manner
whatsoever of fee simple title to any portion of the Property or the Easement Area; it being
intended by the parties that this Agreement conveys only an easement interest with respect to
the Easement Area for the specific uses and purposes set forth herein.
4.9 This Agreement and the rights, easements and interests herein created and
granted shall only become effective upon the recordation of this Agreement in the Public Records
of Miami-Dade County. This Agreement and the rights, easements and interests herein created
and granted shall run with the land and shall be binding on all persons holding title to said lands.
5. Notice. All notices, demands, requests or other communications which may be
or are required to be given, served, or sent by either the Association or the City pursuant to this
Agreement shall be in writing and addressed as follows:
If to Association: Ocean Park South Beach Condominium Association, Inc.
Attention: President
1451 Brickell Avenue, Suite 2750
Miami, Florida 33131
If to the City: City of Miami Beach
Attention: City Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
With a copy to: City of Miami Beach
Attention: Public Works Director
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
Each party may designate by notice in writing a new address to which any
notice, demand, request or communication may thereafter be so given, served or sent.
6. Solely to the extent and limits permitted by Section 768.28 of the Florida
Statutes, and without waiving any rights or defenses therein,the City shall indemnify, defend and
Page 469 of 1292
Page 6 of 9
hold the Association harmless from and against all claims, demands, causes of action, suits,
losses, damages, liabilities, liens,judgments, fees, costs, expenses and other charges (including,
without limitation, reasonable attorneys' fees and costs through all trial, appellate and post
judgment levels and proceedings) (collectively, the "Claims") commenced, incurred and/or paid
by or against the Association to the extent the Claims arise from: (a) the negligent or wrongful
act of the City or any successor, assign and/or grantee thereof (including, the Utility Providers)
related to the use of the Easement Area; (b) and the design, construction, installation, operation,
use, maintenance, repair and/or replacement of, or the failure to properly design, construct,
install, operate, use, maintain, repair and/or replace, any Improvements by the City or any
successor, assign and/or grantee thereof. Notwithstanding anything to the contrary contained in
this Agreement: (y) nothing in this Agreement shall impair, limit or prohibit any rights or remedies
the Association has against any person or entity using or occupying the Easement Area under,
through or as an assignee or grantee of the City; and (z) the obligation of the City to indemnify,
defend and hold the Association harmless as set forth herein shall not apply to the extent any
such Claims arise from the negligence or wrongful act of the Association or any successor, assign
and/or grantee thereof.
7. The Association shall indemnify, defend and hold the City harmless from and
against all Claims commenced, incurred and/or paid by or against the City to the extent the Claims
arise from the wrongful act or negligence of Association or any successor, assign and/or grantee
thereof. Notwithstanding anything to the contrary contained in this Agreement,the obligation of
the Association to indemnify,defend and hold the City harmless as set forth herein shall not apply
to the extent any such Claims arise from the negligence or wrongful act of the City or any
successor, assign and/or grantee thereof.
[EXECUTION PAGES TO FOLLOW]
Page 470 of 1292
APPROVED
Public Works Director Date
APPROVED AS TO
FORM & LANGUAGE
City Attorney Date ' '
[EXECUTION PAGES TO FOLLOW]
Page 471 of 1292
IN WITNESS WHEREOF, the Association has caused these presents to be signed, sealed
executed and acknowledged on day of 2023 in its name by its proper officials.
Ocean Park South Beach Condominium
Association, Inc., a Florida corporation not-
for-profit
Print Name: By:
Name: Marcelo Kingston
Title: President
Print Name:
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of❑ physical presence
or ❑ online notarization, this day of 2023 by , as President of
Ocean Park South Beach Condominium Association, Inc., on behalf of the company. He is
personally known to me or has produced as
identification and who did/did not take an oath.
NOTARY PUBLIC
Typed or printed Name of Notary
My Commission expires:
Serial No., if any
Page 472 of 1292
EXHIBIT"A"
Sketch and Legal Description - Easement Area
Page 473 of 1292
EXHIBIT "A"
LEGAL DESCRIPTION:
The Northwesterly three (3) feet of the Southeasterly fifteen (15) feet of Lot 7, Block 4, OCEAN BEACH, FLORIDA,
according to the plat thereof, as recorded in Plot Book 2 at Page 38, of the Public Records of Miami—Dade
County, Florida.
SURVEYOR'S NOTES:
— This site lies in Section 3, Township 54 South, Range 42 East, City of Miami Beach, Miami—Dade County,
Florida.
— All documents ore recorded in the Public Records of Miami—Dade County, Florida unless otherwise noted.
— Lands shown hereon were not abstracted for easements and/or rights—of—woy of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon ore based on Fortin, Leovy, Skiles, sketch #2000-177.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible charge on February 16, 2023,
and meets the applicable codes as set forth in the Florida Administrative Code, pursuont to Section 472.027,
Florida Statutes.
"Not valid without the signature and the original raised seal or a digital signature of the Florida Licensed Surveyor and Mapper shown below"
FORTIN, LEAVY;.SKIL€ , INC., LB3653 Digitally signed by Daniel C Fortin
DN:c=US, o=Florida,
fi4,35 •' n J
dnQualifier=A01410D0000017F51 B2
STATE OF.._ ---
04DE001 BDE6A,cn=Daniel C Fortin
By ' s• �u� Date:2023.02.16 15:08:07 -05'00'
oniel C. Fortin, Jr„ Fo'r The Firm
Surveyor and Mapper, LS6435
State of Florida.
Drawn By MAP LEGAL DESCRIPTION, NOTES& CERTIFICATION Date 2/16/23
Cad. No. 210420 Scale NOT TO SCALE
Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job_ No. 230119
2000-177 CONSULTING ENGINEERS, SURVEYORS&MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 10 2 3—00 9
180 Northeast 168th.Street/North Miami Beach,Florida.33162
Platted: 2/16/23 7:25a Phone:305-653-4493/Fax 305-651-7152/Email flscflssurvey.com Sheet 1 of 3
Page 474 of 1292
EXHIBIT"A"
1
1
L20' ALLEY I 35• pw
w
Zp
J
LOT 11 I LOT 6 LaI-w
I . I Ul U O
03 Cr
— _-- ILI �. 3'
wli a_ O
jr 0 NORTHEASTERLY NORTHWESTERLY 3' - -
Q LINE OF LOT 7
O O SOUTHEASTERLY 15' -
LOT7
N m o a
n1� In LA
LOT 10 a LU o I_� 0 C K 4 N I W
O �, `
O ,,- J
N J
(�SOUTHWESTERLY w o M
LINE OF LOT 7 m z LL 3
- - _I _ _ cp_
N--,
3, FE
is
OCEAN BEACH, FLORIDA .
PLAT BOOK 2 PAGE 38 ti
w
0
•
LOT 9 o LOT 8 0
Z
20'
•
___ _ i L- . _J
3RD STREET
(PUBLIC RIGHT OF WAY)
GRAPHIC SCALE .
0 15 30 60 .-N
I
I 4 :rift
.1
( IN FEET )
I inch = 30 FL.
Drawn By MAP SKETCH OF DESCRIPTION Dale ^2/16/23
Cad. No. 210420 — - ---------- Scale 1"=30'
Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 230119
2000-177 CONSULTING ENGINEERS, SURVEYORS &MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1023-009
180 Northeast 168th. Street/North Miami Beach,Florida. 33162
Moiled: 2/16/23 7:250 ` Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com j Sheet. 2 of ,3 '
Page 475 of 1 292
EXHIBIT "A"
STH STREET
jr,
5U
.4 rH
srREr..
- . illr' '
Is_. -
5`
Z 7 14_
13
jrs-
/ 4
D� 9 .-.. ' ----- SITE
_ a
z S TREET
0
z 8' r
� p a a r'lJ
W W
2ND O
o 4 P z
STREET a
10 : 3 ,, !
Cr
...I
STRE ti
ET ,�
i I
H
Drat"" By MAP [-
LOCATION SKETCH , r Date 2/16/23
Cad. No. 210420 Scale NOT TO SCALE
Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 230119
2000-177 CONSULTING ENGINEERS, SURVEYORS&MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1023-009
180 Northeast 168th- Street/North Miami Beach,Florida.33162
Plotted: 2/16/23 7:25o Phone;305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com Sheet 3 of 3 J
Page 476 of 1292