Perpetual Non-Exclusive Easement Agreement/~~is~ J is; ~~nf~
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This instrument prepared by:
Attn: Alfredo J. Gonzalez, Esq.
Greenberg Traurig
1221 Brickell Avenue
Miami, Florida 33131
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PERPETUAL NON-EXCLUSIVE EASEMENT AGREEMENT
THIS PERP~TUAL NON-EXCLUSIVE EASEMENT AGREEMENT ("Agreement"),
is made this ~_1 day of i Q, 2008, by and between FISHER ISLAND
COMMUNITY ASSOCIATION IN a Florida Corporation, as grantee ("Grantee"), and the
CITY OF MIAMI BEACH, a Florida municipal corporation, as grantor ("Grantor" or "City").
WITNESSETH:
WHEREAS, Grantee currently maintains a seawall along the north side of Fisher Island
("Existing Seawall") on City of Miami Beach submerged land and the United States Department
of the Army land; and
WHEREAS, due to the deteriorating condition of the Existing Seawall, Grantee intends
to rebuild the said Seawall at the original location, but it will extend up to thirty-six inches (36")
on to a parcel of City-owned submerged land, described in Exhibit "A" hereto ("New
Seawall"); and
WHEREAS, City desires to provide the Grantee with access to build and maintain the
New Seawall.
NOW THEREFORE, the parties hereby mutually covenant and agree as follows:
The above recitals are true and correct, and are hereby incorporated into this
Agreement.
2. Consideration and Description. City for and in consideration of the sum of Ten
Dollars and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, hereby grants unto Grantee, its officers, agents, employees, contractors,
successors and assigns, anon-exclusive, perpetual and irrevocable easement, over, under, upon
and through the land in Miami-Dade, County, Florida, as more particularly described on Exhibit
"A" (the "Easement Property"), for the purposes of rebuilding and maintaining the New
Seawall.
3. Term of Easement. The easement and rights granted herein shall be perpetual and
shall be possessed and enjoyed by the Grantee, its successors and assigns, for the purposes stated
herein.
4. Ingress, Egress and Maintenance. The Grantee, its employees, contractors, or
representatives (collectively, "Grantee Affiliates") shall have the permanent right and license
for purposes of ingress and egress to and from the Easement Property for the purposes of
constructing, operating, inspecting maintaining, repairing, and replacing the New Seawall.
5. Abandonment. This non-exclusive easement is granted in perpetuity; provided,
however, that should Grantee, its successors and assigns, ever abandon the use of the Easement
Property for the purposes above described, the non-exclusive easement granted hereby shall
forthwith terminate and be of no further force and effect, except that easement rights for all
infrastructure improvements shall remain in place until such improvements are removed or
relocated. This Agreement shall be binding on the successors and assigns of Grantor and
Grantee.
6. Amendments; Termination. This Agreement may not be amended, modified or
terminated except by written agreement of all of the parties hereto or their respective successors
and/or assigns.
7. 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.
8. Grantor Representations. Grantor covenants, warrants and represents that
Grantor is the fee simple owner of the Easement Property and has the right, title and capacity to
grant the perpetual easement granted herein.
9. Grantee and Affiliates. Grantee agrees to release Grantor, its officers and
employees from, and further indemnify and hold them harmless from any and all losses,
expenses, liens, claims, demands and causes of action of every kind and character for personal
injury, property damage or any other liability, damages, fines or penalties, including, costs,
attorney's fees and settlement, resulting from, arising out of, or in any way connected to, the use
of the Easement Property by the Grantee Affiliates or guests or invitees of the Grantee Affiliates,
except to the extent that the same are the direct result of the gross negligence of willful
misconduct of Grantor, its officers and employees.
10. 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 Easement Property. The provisions hereof shall run with the land, shall be
binding on and shall inure to the benefit of the parties hereto, their successors and assigns and the
general public.
l 1. Notices. Any and all notices required or desired to be given hereunder shall be in
writing and shall be deemed to have been duly given (i) when delivered by hand, (ii) five (v)
business days after deposit in the United States mail, by registered or certified mail, return
receipt requested, postage prepaid, and (iii) five (5} business day after deposit with federal
express or UPS or other nationally recognized overnight courier, and addressed as follows (or to
such other address as either party shall hereafter specify to the other in writing):
GRANTEE:
FISHER ISLAND COMMUNITY ASSOCIATION, INC.
C/o Mo.*~ ~o.r.s.s
One Fisher Island Drive
Fisher Island, Florida 33109
GRANTOR:
CITY OF MIAMI BEACH
c/o City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
IN WITNESS WHEREOF, Grantor and Grantee have caused these presents to be executed in
their name, and their corporate seal to be hereunto affixed, by their proper officers thereunto duly
authorized, the day and year first above written.
Signed, sealed and delivered in the
presence of:
Attest:
c
GRANTEE:
FISHER ISLAND COMMUNITY
ASSOCIATION, INC.
a Florida corporation
By: a--~,
Name: IMo,r1c :So..Me ~
Title: ~~ca:ac.~.} o..~~. CEO
Miami Beach, FL 33139
(Corporate Seal)
GRANTOR:
CITY OF MIAMI BEAC ,FLORIDA
M r
1700 Convention Center Drive
Miami Beach, Florida 33139
[Signatures continued on following page]
4
APPRdVED AS TO
FORM $ LANGUAGE
[Continued from previous page]
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledge befo~e~ me this ~ day of
2008, by (~/(( , `((~(Y~ as
Fisher Island Community sociation, Inc a Florida corporation,
on behalf of suc entity. He/she is personally known to me or has produced
as identification.
My Commission expires: I~Z,j(~(~
NOrTARY PUBLIC-STATE OF gLORIDA
••"••~, Catherine E Colonnese
:Commission #DD725232
:r F,xpires: dAN. 25, 2012
y~""•`• C BGNDING CD•, ~G
gGNDED'rHRII A17.A1~'f[
(Signature of per taking acknowledgment)
(Type, print or stamp name under signature)
Title or rank and serial number, if any
F~ EXHIBIT 'A'
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~~ SKETCH AND LEGAL DESCRIPTION
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LEGAL DESCR/PT/ON.-
A parcel of land, partially submerged, being a portion of
Fisherman's Channel lying in Section 9, Township 54 South,
Range 42 East, City of Miami Beach, Miami-Dade County,
Florida, said parcel being more particularly described as follows:
BEGINNING at the Northwest comer of Trail "B-8" of
LINDISFARNE ON FISHER ISLAND SECTION 8, atxordtng to
the Plat thereof recorded in Plat Book '143, Page 9 of the Public
Records of Miaml-0ade County, Florida; thence N01°56'00"W
~ for 3.00 feet; thence N88°04'00"E, al
ong a Ilne lying 3.00
Northerly of, measured at right angles to, and parallel with the
North line of said Tract "B-8", for 462.20 feet; thence
U 801 °56'00"E for 3.00 feet; thence S88°04'00"Vt(, along said
W North line of Tract "B-S", for 462.20 feet to the POINT OF
ai $ BEGINNING.
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(~ I D.C.R - MIAMI-0ADE COtJMY
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Q I ~ PB. - PLAT BOOK
5L~77 PG. - PAGE
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~ NOTES•
1. BEARINGS hereon are based on an assumed bearing of SSfI°04'Ot)"W abng ~
the North tine of Tract a-8, "LINDISFARNE ON FISHER ISLAND SECTION 8",
~ as sttorm on the plat thereof, as rewrded in Plat Book 143, Page 9 of the Public r
rrrr d Records of Miami-Dade County, Florida. Y
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2. The 3' width of the subject parcel partially inckWeS submerged land and also
irtoludes a pwtlOn of the width of the seawall that ruts approtGlttatey arong the
North line of TraC 8-8.
4 ~ n I 3. ARFA of the subject paroel is 1386.6 Square Feat, w 1).0318 Awe, more w
less.
4. This is not a survey of any parcel cf land.
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