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RIGHT-OF-WAY EASEMENT AGREEMENT ioiu 1 11 1111111311 11111111 iiio 11ii i t 20 2 3 - 3 2 5 2 8 CFN 2O2:3RO36 273 OR BK 33729 Pas 4579-4593 (15F'9s) RECORDED 06/01/2023 10,23:43 This instrument was prepared by: DEED DOC TAX $0.60 Return to: SURTAX $0.45 i..UIS C. MOHTALDO? CLERK AD INTERIM Name: Rafael A. Paz, Esq.,City Attorney MIAMI--DADE COUNTY? FL Address: City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 Folio No: 02-4203-379-0001 RIGHT-OF-WAY EASEMENT AGREEMENT THIS RIGHT-OF-WAY EASEMENT AGREEMENT(the"Agreement") is made this Cr day of p'Y1aN�_ 2023, by Ocean Park South Beach Condominium Association, Inc., a Florida not-for-profit corporation, 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"). W ITN ESSETH: 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, as 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 §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 Page 2 of 9 Easement Area in favor of the City for the "Easement Purposes" (as hereinafter defined). 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. Notwithstanding the foregoing,the Easement Area shall be treated as a public sidewalk,and as such,the City shall be entitled to temporarily restrict access to the Easement Area including, without limitation, during construction, maintenance work, and closures implemented by the City in its regulatory capacity. 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, Page 3 of 9 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 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 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 the same Agreement. Page 5 of 9 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 §768.28, Florida Statutes, and without waiving any rights or defenses therein, the City shall indemnify, defend and 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 Page 6 of 9 against the Association to the extent the Claims arise from: (a) the negligent or wrongful act of the Cityor anysuccessor, assign and/orgrantee thereof(including, the UtilityProviders) related g 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 7 of 9 APPROVED 1107-Awf As4jbl 2+ Pr`l'� s Dire for D to APPROVED AS TO FORM & LANGUAGE 0-Fok ity Attorney Air Date [EXECUTION PAGES TO FOLLOW] 4 Page 8 of 9 IN.WITNESS WHEREOF, the Association has caused these presents to be signed, sealed executed and acknowledged on day of NI 0.1 2023 in its name by its proper officials. I Ocean Park South Beach Condominium Association, Inc., a Florida corporation not- for-profit ( L-- Print Name: Dc.nmL% gwe4r) By • Name. arcelo Kingston Title: President Pri t Name: t STATE OF FLORIDA )SS: COUNTY OF MIAMI-DADE - / The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this I day of Ni 2023 by l'1v JD )Gtn/'fij as President of Ocean Park South Beach Condominium Asso4iation, 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. 4141114 Wit NOT' PUB P Typed or prin ed Name of Notary My Commiss on expires: Serial No., if any 4 Notary Public State of Florida 4 Cecilia M de Zarraga Cmission �.nillll�`�F� My HH o23m3179 Exp.212412026 IN WITNESS WHEREOF, the City has caused these presents to be signed, sealed executed and acknowledged on 2i(c day of 14441 2023 in its name by its proper officials. ATTEST: CITY OF MIAMI BEACH, a municipal corporation of the State of Florida By: ure Na : Alina T. Hudak Title: City Manager iS� �lrsoc� Print 'Me ��ZGlnc.�-7cfd'in Signature ` Laura -comes Print Name ATTEST: P �.g,,,,,,c MAY 2 6 2023 ' , Signature 4II4C0RP0RATED 0 Rafael E. Granado, City Clerk ,,�,!�?�26.- Print Name STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The forgoing instrument was acknowledged before me by means of kiphysical presence or ❑ online notarization thisRe day of , 2023, by Aline T. Hudak, as City Manager, and Rafael E. Granado, as City Clerk, of th CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, on behalf of said municipal corporation, who is ers_onally known to me or produced iv as identification. ARY PUBLI • T ed or printed Name of Notary y Commission expires: 9• 8''-21i Serial, No., if any APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION .400 • GUADALUPE C.RAMOS I ;.; {ram'. 1.1 MY COMMISSION#GG 985873 k;-Wopg= EXPIRES:September 8,2024 City Att rney Date orgk.•• Bonded Notary Public Underwriters Page 9 of 9 EXHIBIT "A" Sketch and Legal Description- Easement Area it { 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, as recorded in Plat 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—Dude County, Florida. — All documents are recorded in the Public Records of Miami—Dade County, Florida unless otherwise noted. — Lands shown hereon were not abstrocted for easements and/or rights—of—way of records. — This is not a "Boundary Survey" but only o 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 mode 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,,SKILES, INC., LB3653 Digitally signed by Daniel C Fortin DN:c=US,o=Florida, dnQualifier=A01410D0000017F51B2 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& 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. 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 1 of 3 EXHIBIT "AI' 1 i I 1 7 20' ALLEY,I 35' I W& Z O -J LOT 11 I LOT 6 1 W Z I H I I ---IC7 � W � I--- >-a0 J N 00 NORTHEASTERLY NORTHWESTERLY 3' I- - y LINE OF LOT 7 OD Z LOT SOUTHEASTERLY 15' Nm ,r LOT10 5U BLOCK 4 J 1 W c,, �o O J > d SOUTHWESTERLY =6 3 LINE OF LOT 7 r w LL jl Ce �2 CDO J 0 — J 3' a OCEAN BEACH, FLORIDA m PLAT BOOK 2 PAGE 38 S W a. W 0 0 lo 0 LOT 9 o LOT 8 2 20' N 3RD STREET - -- ----- (PUBLIC RIGHT OF WAY) GRAPHIC SCALE 0 15 30 6C ��1',r G,11'11j\ I " vi T ( IN FEET ) ''-H 1�r1 1 inch = 30 ft. Drawn By MAP SKETCH OF DESCRIPTION Date 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 Plotted: 2/1 6/23 7:250 Phone:305-653-4493/Fax 305-651-7152/Email fls©flssurvey.com J Sheet 2 of 3 EXHIBIT "A" 5TH STREET I di-- z W U 4 TN O STREET 16 15 14 13 3 sr j `2 q il 1 Q 6 0 3Rp 9 i SITE IotLi 141Ww0 2 0 STREET i 1 .)-.i 197,, U .... Q 7ST J STREET ,T I���II'1t01111 II IIIII1?4 TM OP r-Drawn By MAP , LOCATION SKETCH \ 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.Sweet/North Miami Beach,Florida.33162 Plotted: 2/1 6/23 7:25o/ Phone:305-653-4493/Fax 305-651-7152/Email fls@a flssurvey.com Sheet 3 of 3 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. OR BK. 33729 PG 4-593 LAST PAGE 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 o�7 day ofGr 2023. ATTEST: —Z,- MAR 3 1 2023 Dan Gelber, Mayor Rafael E. Granado, City Clerk INCOaPa OPATED)4,1 „aRCj-j••26 • APPROVED AS TO FORM St LANGUAGE Se FOR EXECUTION City Attorney Jiyr Date From: Torres.Gisela To: Granado.Rafael Cc: Gomez.Joe;Knowles.Rodney;Eric Carpenter;Pena.Giancarlo;Ortega,Cristina;Alvarez.Alexander;Sarmiento, Fiorella;Dieguez.Gloria;Miro.Elizabeth;Dooico.Ricardo;Ka1lergic J irk;Paz.Rafael;Rothstein,Steven; Gonzalez.Jose R.(JoseGonzalez( miamibeachfl.aov); Martinez.David;Gomez,David;Cerna,Maria Subject: Right-of-Way Easement for sidewalk area abutting eastern portion of property located at 304-312 Ocean Drive; OR BK 33729,Page 4579;Reso.No.2023-32528 Date: Wednesday,July 5,2023 7:33:00 PM Attachments: Recorded Right-of-Way Easement for 304-312 Ocean Drive.odf Re: Right-of-Way Easement(Easement)for sidewalk area abutting the eastern portion of property located at 304-312 Ocean Drive; Recorded in OR BK 33729, at Page 4579; Resolution No. 2023- 32528 Hi Ralph, I hope all is well. Attached please find a copy of the above referenced recorded Easement, the original of which will be delivered to you by Gloria tomorrow. Thank you and have a great evening. Regards, ijioet°a.✓Vaxwan J oxxea Senior Assistant City Attorney City Attorney's Office City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7000 Extension 26955 We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. i