Loading...
HomeMy WebLinkAboutReso 2019-2950 RESOLUTION NO. 2019 - 2950 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RESCINDING RESOLUTION NO. 2018-2890; APPROVING A SALE AND PURCHASE AGREEMENT AND RELATED EASEMENT AGREEMENTS BY AND BETWEEN WINSTON TOWERS 600 CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF SUNNY ISLES BEACH FOR THE PROPERTY LOCATED AT 174 STREET AND COLLINS AVENUE, ATTACHED HERETO AS EXHIBITS "A", "B", "C", "D", AND "E"; AUTHORIZING THE MAYOR TO EXECUTE SAID SALE AND PURCHASE AGREEMENT AND RELATED EASEMENTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; DIRECTING THE CITY CLERK TO RECORD SAID EASEMENT AGREEMENTS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Winston Towers 600 Condominium Association, Inc. ("Winston Towers") is the owner of a certain property located at 174 Street and Collins Avenue, Sunny Isles Beach, Florida; and WHEREAS, the City desires to construct a Pedestrian Overpass Bridge on 174 Street to connect the west and east sides of Collins Avenue (the "Pedestrian Bridge"); and WHEREAS, the City negotiatedagreement with Winston Towers an a reement for purchase of certain property located on 174 Street and Collins Avenue and related easements necessary for construction of the bridge, and for, landscaping, sidewalk expansion and installation of utilities; and WHEREAS, the City Commission wishes to approve the Sale and Purchase Agreement for the property located at 174 Street and Collins Avenue, attached hereto as Exhibit"A"; and WHEREAS, the City Commission wishes to approve the Easement Agreements for sidewalk expansion, landscaping, installation of utilities, maintenance of the Pedestrian Bridge, attached here to as Exhibits "B", "C", "D", and "E". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Rescind Resolution No. 2018-2890. Resolution No. 2018-2890 approving a Sale and Purchase Agreement and related Easement Agreements by and between Winston Towers 600 Condominium Association, Inc. and the City of Sunny Isles Beach for the property located at 174 Street and Collins Avenue, is hereby rescinded. Section 2. Approval of Sale and Purchase Agreement. The City Commission hereby approves the Sale and Purchase Agreement by and between Winston Towers 600 Condominium Association, Inc. and the City of Sunny Isles Beach for certain property legally described in Exhibit "A". Section 3. Approval of Related Easement Agreements. The City Commission hereby approves the Permanent Easement Agreement, Landscape and Pedestrian Use Easement Agreement, Utility Easement Agreement, and Temporary Construction Easement Agreement, and by and between 82019- WT 600— 174 St Pedestrian Bridge Agreements 1 Winston Towers 600 Condominium Association, Inc. and the City of Sunny Isles Beach, attached hereto as Exhibit"B", Exhibit "C", Exhibit "D", and Exhibit Section 4. Authorization of Mayor. The Mayor is hereby authorized to execute said Sale and Purchase Agreement and related easements. Section 5. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 6. Direction to City Clerk. The City Clerk is hereby directed to record said Easement Agreements with Miami-Dade County. i Section 7. Effective Date. This Resolution shall be effective upon adoption. PASSED AND ADOPTED this 20th day o -019. George Scholl, Mayor AT -ES. %r eh, , , Ma .cio Bet; cur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: O 4 Edward A. Dion, City Attorney Moved by: Ilek li OC 4t i Seconded by: "conies k Vote: / Mayor Scholl `� (Yes) (No) i Vice Mayor Svechin V (Yes ) (No) Commissioner Goldman _i -(Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra (Yes) (No) 82019-WT 600— 174 St Pedestrian Bridge Agreements 2 AGREEMENT OF PURCHASE AND SALE OF EASEMENT THIS AGREEMENT OF PURCHASE AND SALE ("Agreement") is made and entered into this 2f day of JrI , 2019 by and between WINSTON TOWERS 600 CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation ("Seller") and THE CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation organized under the laws of the State of Florida ("Purchaser"). Collectively, Seller and Purchaser are sometimes hereinafter referred to as the "Parties". WITNESSETH: WHEREAS, Seller is the association for the condominium development called Winston Towers 600 Condominium and is the fee simple owner of the Property as legally described in Exhibit"A" ("Property"); and WHEREAS, Purchaser seeks to acquire a permanent easement ("Easement") on the Property for its Pedestrian Overpass Bridge on 174`h Street to connect the west and east sides of Collins Avenue ("Pedestrian Bridge") as described in Exhibit "A" attached hereto and made a part hereof; WHEREAS, Purchaser, by adoption of Resolution No.t Z12R S-077-1 has authorized the City Manager and City Attorney to negotiate a purchase of the Easement; r regarding WHEREAS, Purchaser has performed research and investigation g the Pedestrian Bridge and believes the Property is the most appropriate location for the Pedestrian Bridge; WHEREAS, Purchaser has made clear to Seller that it will exercise its right to eminent domain and initiate a condemnationP roceeding against Seller if Seller refuses to grant the Easement in favor of Purchaser; WHEREAS,Purchaser believes that if an eminent domain proceeding is brought against Seller, Purchaser will establish that the taking of the Property for the purpose of building the Pedestrian Bridge is rationally related to a public purpose; WHEREAS,the Parties believe that the purchase price of the Easement, as described in this Agreement, is adequate compensation and in fact, exceeds the t s g � q pappraised value of the Property; WHEREAS, Seller, in lieu of defending an eminent domain proceeding as to the Property, desires to grant the Easement in favor of Purchaser, and Purchaser, in lieu of initiating an eminent domain proceeding against Seller as to the Property, desires to purchase the Easement from Seller in accordance with and subject to the terms and conditions hereinafter set forth. Page 1 of 8 NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained herein, and the sum of TEN AND N0/100 DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, do hereby agree as follows: 1. Purchase and Sale. Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, the Easement located on the Property which consists of approximately 2,400 square feet, more or less, situate, lying and being in the City of Sunny Isles Beach, County of Miami-Dade ("County"), State of Florida, together with all improvements thereon. 2. Grant of Easements. Subject to the conditions and stipulations set forth in the easement agreements to be executed by and between Purchaser and Seller, and for other good and valuable consideration set forth herein, Seller hereby grants Purchaser certain easements in, over, under, through and across the easement parcels legally described in Exhibit "A" (labeled "Permanent Easement Agreement"), Exhibit"B" (labeled"Easement Agreement for Landscape and Pedestrian Use"), Exhibit "C" (labeled "Utility Easement Agreement"), and Exhibit "D" (labeled "Temporary Construction Easement Agreement") respectively for pedestrian use, landscaping, installation of utilities and to construct a pedestrian bridge on 174`h Street and Collins Avenue (a/k/a Florida State Road A1A) to connect the west and east sides of Collins Avenue. Purchaser shall be solely responsible, at Purchaser's cost and expense, for all maintenance and upkeep of the Property and the areas affected by, and comprising,the easement agreements described herein. This paragraph shall survive closing on the purchase of the Easement. 3. Purchase Price. The purchase price ("Purchase Price") to be paid at the Closing, as hereinafter defined, by Purchaser to Seller for the Easement and the related easements shall be the sum of ONE MILLION FIFTY THOUSAND DOLLARS t and adjustments as 1 050 000.00 . The Purchase Price is subject to ( $ ) Jcredits, prorations, J provided in this Agreement. 4. Security/Retaining Wall and Landscaping. As a result of a portion of the existing security/retaining wall being located within the Property which is subject to the Easement, Purchaser agrees to construct, at Purchaser's sole cost and expense, a new security/retaining wall along the property line surrounding the Property to reconnect the security/retaining wall that surrounds Seller's property which is not encumbered by the Easement. The new wall shall be painted to match the remaining wall to which it is being connected, and Purchaser shall replace any landscaping removed, damaged, or destroyed as a result of the construction. Seller hereby grants to Purchaser a license to enter Seller's property, at Purchaser's sole risk, to construct the new wall. Once the new wall is constructed, Purchaser shall have no further responsibility regarding the new security/retaining wall except to responsible the extent that the wall is deficiently constructed in which event Purchaser shall be res p to repair same. Notwithstanding the foregoing, Purchaser shall be responsible for maintaining the side of the new security/retaining wall that faces and surrounds the Property where the Easement is located. This paragraph shall survive closing. Page 2 of 8 5. Real Estate Taxes. Seller is responsible for all taxes due on the Property up to, but not including, the date of closing. On and after the date of closing, Purchaser shall be responsible for all taxes due on the Property. 6. Marketable Title. Seller is responsible for delivering marketable title to the Easement. Marketable title shall be determined according to applicable title standards adopted by The Florida Bar in accordance with Florida law subject only to those exceptions that are acceptable to Purchaser. Seller shall satisfy any encumbrances or liens affecting the Property at the time of Closing which shall not be deemed to include any mortgages or liens encumbering any of the individual condominium units located at Winston Towers 600 which comprise Winston Towers 600 Condominium Association, Inc. Seller shall be liable for any encumbrances not disclosed in the public records but known to Seller or arising after Closing as a result of actions of Seller which affect the Property. Seller agrees that it will not take any action after the execution of this Agreement which shall adversely affect the status of title to the Property. Notwithstanding the foregoing, Purchaser has examined title to the Property and agrees to purchase the Easement and accept title to the Property subject to those exceptions which have been identified and are known to Purchaser. 7. Inspectionagents, employees and Testing. Purchaser, its em to ees and representatives shall, upon reasonable notice, have access to the Property at all times prior to Closing or the earlier termination of this Agreement with full right to: (a) inspect the Property, and (b) to conduct any and all inspections, investigations and tests thereon, including, but not limited to, soil borings and environmental testing, all at Purchaser's expense (collectively, the foregoing are referred to as the "Inspections"). Purchaser shall not permit the Inspections or any other activities undertaken by Purchaser, its agents, employees and/or representatives, to result in any liens, judgments or other encumbrances being filed or recorded against the Property (or any portion thereof), and Purchaser shall, at its sole cost and expense, discharge of record any such liens or encumbrances that are so filed or recorded (including, without limitation, liens for services, labor or materials furnished) against the Property (or any portion thereof) in connection with or as a result of the Inspections within ten(10) days of such filing or recordation, as applicable. Except, and then only to the extent, caused by the gross negligence or willful misconduct of Seller, Purchaser agrees to indemnify and hold harmless Seller from and against any and all claims,demands,causes of action, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements), suffered or incurred by Seller arising out of or in connection with (i) Purchaser's and/or Purchaser's agents, employees and/or representatives' entry upon the Property, (ii) any Inspections or other activities conducted on or about the Property by Purchaser or Purchaser's agents, employees and/or representatives, (iii) any liens or encumbrances filed or recorded against the Property as a consequence of the Inspections, and/or (iv) any and all other activities undertaken by Purchaser or Purchaser's agents, employees, and/or representatives with respect to the Property. In addition, Purchaser shall promptly repairair any damage to the Property (or any portion thereof) resulting from any such Inspections, take all actions and implement all protections necessary to ensure that the Inspections and the equipment, materials, and substances generated, used or brought onto the Property (or any portion thereof) in connection with the Inspections, pose no threat to the safety or health of persons or the environment, and cause no damage to the Property (or any portion thereof) or other property of Seller or other persons. Also, Page 3 of 8 Purchaser shall require all agents and representatives conducting the Inspections to maintain a policy of commercial general liability insurance with a broad form contractual liability endorsement and with a combined single limit of not less than $1,000,000.00 per occurrence for bodily injury and property damage. This paragraph 7 shall survive closing. 8. Closing Costs. Purchaser shall be responsible for closing costs including: (a) documentary stamp taxes on the purchase of the Easement; (b) surtax on the purchase of the Easement; (c) recording costs for the Easement and all easement agreements referenced in this Agreement; (d) title search report; (e) municipal lien search report; (f) title insurance premium for any policy and endorsements thereto issued in favor of Purchaser; (g) survey and any drawings depicting the Property, (h) attorneys' fees incurred by Purchaser; and (i) Seller's attorney fees in the amount of$20,000.00. 9. Closing. The closing ("Closing") shall be held no later than thirty (30) days from execution of this Agreement. At Closing, Seller and Purchaser shall execute and deliver the following documents: (i) Exhibit "A" (Permanent Easement Agreement); (ii) Exhibit "B" (Easement Agreement for Landscape and Pedestrian Use); (iii) Exhibit "C" (Utility Easement Agreement); (iv) Exhibit "D" (Temporary Construction Easement Agreement) (v) If applicable, appropriate evidence of Seller's good standing and Seller's authority to sell and convey the Easement which shall be in the form of a written resolution by the board of directors of Seller. Seller shall not be required to amend its Declaration of Condominium or provide consent of the unit owners comprising Seller; • (vi) a settlement statement prepared by Purchaser; and (vi) such other documents that Purchaser may reasonably require in connection with the delivery of good and marketable title to the Property from Seller to Purchaser. 10. No Brokers. Seller and Purchaser each represent to the other that it has not dealt with any broker, salesperson or agent in connection with the execution and delivery of this Agreement, and the other partyshall not be required to payanycommission l�' � q whatsoever with respect to this Agreement resulting from the actions of the party making such representations. Seller and Purchaser each indemnify and hold each other harmless from and against any and all claims, losses, costs, damages, liabilities and expenses (including without limitation, reasonable attorneys' and paralegal fees) resulting from a breach by the indemnifying party of the foregoing representation. 11. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed given if delivered by hand, sent by recognized overnight courier (such as Federal Express), transmitted via facsimile transmission ,or email, or mailed by certified or registered mail, return receipt requested, in a postage pre-paid envelope, and addressed as follows: Page 4 of 8 SELLER: Winston Towers Condominium 600 Association, Inc. C/O Condo Office Manager 210 — 174th Street Sunny Isles Beach, Florida 33160 With copy to: Eric P. Stein, Esq. Eric P. Stein P.A. 1820 N.E. 163rd Street, Suite 100 North Miami Beach, Florida 33162 Email: closings@epslaw.com PURCHASER: The City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 c/o Christopher Russo, City Manager crusso@sibfl.net With copy to: Harold Rifas, Esq. 7900 Red Road, Suite 10 South Miami, Florida 33143 haroldrifas@att.net 12. Indemnification. Purchaser hereby agrees to indemnify, defend and hold harmless Seller (and all of its unit owners, occupants, members, managers, officers, directors, employees, representatives, successors and assigns) from and against any and all damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether suit be brought or any appeals be taken there from) arising from, growing out of or connecting in any way with the use of the Easement. Purchaser hereby agrees, and all parties by virtue of their of use of the Easement, shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless Seller (and all of its members, officers, directors, employees, successors and assigns) from and against any and all liabilities, damages, claims, costs or expensed whatsoever(including all reasonable attorneys' fees and costs whether suit be brought or any appeals be taken there from) arising from, growing out of or connecting in any way with the use and maintenance of the Easement and the Property. This paragraph shall survive Closing. Purchaser agrees to secure and keepin force from 13. Insurance. As to the Property, g and after the date of Closing, at Purchaser's own cost and expense comprehensive general liability insurance on an occurrence basis for bodily injury, personal injury or death to anyone and insurance coverage for damage to property. All insurance policies to be procured by Purchaser shall name Seller as an additional insured. All policies of insurance mentioned in this paragraph shall contain the following endorsements: (i)that such insurance may not be cancelled or amended with respect to Seller except upon thirty(30)days'prior written notice from the insurance company to Seller, sent by certified or registered mail; (ii) that Purchaser shall be solely responsible for the payment of all premiums under such policy(ies) and that Seller shall have no obligation for the payment thereof; (iii) an express waiver of any right of subrogation by the insurance company Page 5 of 8 against Seller. Purchaser agrees to deliver to Seller certificates or memoranda of insurance of all policies of insurance to be procured by Purchaser upon initial issuance and renewals thereof The minimum limits of any insurance coverage to be maintained by Purchaser hereunder shall not limit Purchaser's liability under the indemnity contained in this Agreement. This paragraph shall survive Closing. 14. Miscellaneous. (a) This Agreement shall be construed and governed in accordance with laws of the State of Florida and in the event of any litigation hereunder, the venue for any such litigation, shall,be in Miami-Dade County. Each of the Parties to this Agreement has participated fully in the negotiation and preparation hereof and, accordingly, this Agreement shall not be more strictly construed against any one of the Parties. (b) In the event any provisionof this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or re-construed as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. (c) In construing this Agreement, the singular shall be deemed to include the plural, the plural shall be deemed to include the singular, and the use of any gender shall include every other gender and all paragraph headings shall be discarded. (d) All of the Exhibits to this Agreement are incorporated in and made a part of this Agreement. (e) This Agreement constitutes the entire agreement between the Parties for the sale and purchase of the Property and supersedes any other agreement or understanding of the Parties with respect to the matters herein contained. This Agreement may not be changed, altered or modified except in writing signed by the party against whom enforcement of such a change would be sought. This Agreement shall be binding upon the Parties hereto and their respective successors and assigns. (f) This Agreement and any subsequent amendments hereto may be executed in any number of counterparts, each of which, when executed, shall be deemed to be an original, and all of which shall be deemed to be one and the same instrument. Facsimile or email transmission signatures shall be deemed original signatures for all intents and purposes. (g) If, priorClosing, taking to a of the Property by condemnation or eminent domain shall occur by an entity other than Purchaser,then Purchaser shall have the option to either close on the purchase of the Easement, in which event Purchaser shall be entitled to the condemnation award, if any, as to the Property, or Purchaser may terminate this Agreement. Such election shall be made by Purchaser in a written notice to Seller within ten (10) calendar days following written notice from Seller to Purchaser informing Purchaser of the taking. If Page 6 of 8 Purchaser shall elect to terminate this Agreement pursuant to this paragraph, the Parties shall be relieved of any obligations or liabilities hereunder,except as otherwise provided in this Agreement. IN WITN WHEREOF,W EREOF, the Parties have executed this Agreement as of day and year first set forth above. {SIGNATURES ON FOLLOWING WIN O G PA E G } Page 7 of 8 WITNESSES: WINSTON TOWERS 600 CONDOMINIUM ASSOCIATION,INC.; as Seller By _ 624(ig • Q t. l L�Y .fil4414aL= -C of-13E/ (Print Name) President. Date executed: d 2' 1 g • CITY OF S ' LES BEACH. EIS Purchasir By: George :ud"/zo holl,Mayor ,t. Ib Y1�- < , Date: zll \'• ATTES i Y 4 �L7�41. Niauricio Beta ur,CMC,City Clerk a, vi`:iyJ APPROVED AS TO FORM AND LEGAL SUFFICIENCY 7----4f1MAAA(1 k‘f)/t City Attorney Print name: 0,0,0„ A - D', Page 8 of 8 i NEI Mil ui tii CFN 201980389532 OR BK 31494 F9s 591-600 (10P9s RECORDED 06/?4/2019 12:44:2 • This instrument prepared by DEED DOC TAX $6y300.00 SURTAX ` 4r 725.00 and after recording return to: HARVEY RUVIIth CLERK OF COURT MIAMI-DADE COUNTYp FLORIDA Harold M. Rifas, Esq. Harold M. Rifas, P.A. 7900 Red Road, Suite 10 South Miami, Florida 33143 PERMANENT EASEMENT AGREEMENT THIS PERMANENT EASEMENT AGREEMENT (this "Agreement") is made and entered into as of 201--day of June, 2019, by and between Winston Towers 600 Condominium Association, Inc., a Florida not for profit corporation ("Grantor") having an address of c/o Management Office, 210 174th Street, Sunny Isles Beach, Florida, 33160, and The City of Sunny Isles Beach, a Municipal corporation, existing under the laws of the State of Florida ("Grantee"), having an address of c/o City Manager, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. • RECITALS: WHEREAS, Grantor is the owner of a certain property situated in Sunny Isles Beach, Miami-Dade Count Florida, and more particularlydescribed in Exhibit "A" attached hereto Y> .(the "Easement Parcel"); and • WHEREAS, Grantee is seeking to construct a Pedestrian Overpass Bridge connecting the west side of Collins Avenue to the east side of Collins Avenue to be used for pedestrian ingress and egress (the "Pedestrian Bridge"); and WHEREAS, Grantee requires a permanent easement for the site of the Pedestrian Bridge; and WHEREAS, Grantor has agreed to grant and create, and Grantee desires to obtain an easement, on the terms and conditions nditions hereinafter set forth in this Agreement. NOW THEREFORE, in consideration_of Ten ($10.00) Dollars and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree ree as follows: • • 1. Recitals. The foregoing recital's are true and correct and are incorporated herein as if repeated at length. - 2. Easement Parcel. The legal description and sketch of the Easement Par - attached og COY-4y\,.. 1 if CLERK • • MUMMY i to and made a part of this Agreement as Exhibit "A", to correctly note the section of Grantor's property that is encumbered by this Agreement. From and after the date of this Agreement, only the Easement Parcel, and no other property of Grantor, shall be subject to, and burdened and encumbered by, the terms and provisions of this Agreement. 3. Grant of Easement. Grantor hereby grants to Grantee in perpetuity a non-exclusive permanent easement (the "Easement") in favor of Grantee over, across, under, and through the Easement Parcel for the construction, use, and maintenance of the Pedestrian Bridge and for no other purpose. 4. Maintenance of Easement Parcel. Grantee, at Grantee's sole cost and expense, shall be responsible for maintaining the Easement Parcel (including any and all improvements which may be constructed thereon from time to time). 5. Compliance with Laws. The beneficiaries of the Easement shall at all times observe in the use of the Easement Parcel all applicable municipal, county, state and federal laws, ordinances, codes, statutes, rules and regulations; however, Grantor shall be under no legal or other duty to ensure compliance with any of the foregoing. 6. Reservation. Grantor hereby reserves all rights of ownership in and to the Easement Parcel which are not inconsistent with the Easement. 7. Indemnification and Insurance. Subject to the provisions of Section 768.28, Florida Statutes, Grantee hereby agrees, and all parties by virtue of their use of the Easement Parcel shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless Grantor (and all of its members, officers, directors, employees, successors and assigns) from and against any and all damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether or not suit be brought and at any trial court level or appeals taken therefrom) arising from, growing out of or connecting in any way with any use of the Easement and the Easement Parcel. Grantee hereby agrees, and all parties by virtue of their of use of the Easement shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless Grantor (and all of its members, officers, directors, employee, successors and assigns) from and against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether or not suit be brought and at any trial court level or appeals taken therefrom) arising from, growing out of or connecting in any way with failure of Grantee to maintain or insure the Easement Parcel or the exercise of Grantee's rights under this Agreement. Grantee shall, at all times, secure and keep in force, at Grantee's sole cost and expense, comprehensive liability insurance for bodily injury, personal injury or death and insurance for damage to any property, which policy(ies) name Grantor as an additional insured. 8. Enforcement. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity against any party violating or attempting to violate any provision of this Agreement. The prevailing party in any such actions shall be entitled to recover -• ; ble cOUNTr LE{tK �(/ 2 C z' T tsoo �s� O i l attorneys' fees and costs incurred at all trial appellate levels. The laws of the State of Florida shall govern the interpretation, validity, performance, and enforcements of this Agreement, and venue for any action brought under this Agreement shall be in Miami-Dade County, Florida. 9. Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. The terms of this hereto as a result of Agreement shall not be more strictlyconstrued against any one of the parties g the party who drafted same. In construction this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and reference to any particular gender shall be held to include every other and all genders. • 10. Notices. Any and all notices require or desired to be given hereunder shall be in writing and shall be deemed to be duly given when delivered by hand or three (3) business days after deposit in the United States Mail, by registered or certified mail, return receipt requested, postage pre-paid, and addressed to the applicable party to the address for such party set forth at the top of this Agreement (or to such other address as either party shall hereafter specify to the other in writing). 11. Severability. In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid and unenforceable, the remainder of this Agreement shall remain in full force and effect and enforceable to the fullest extent permitted by law. 12. Amendments; Termination. No modification or amendment or termination of this Agreement shall be effective unless in writing, approved by the City Commission, signed by the parties hereto (or their permitted successors and/or assigns), and recorded in the Public Records of Miami-Dade County, Florida. 13. Covenant running with the land. This Agreement shall constitute a covenant running with the land and will be recorded in the Public Records of Miami-Dade County, Florida. This Agreement shall remain in full force and effect and be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 14. Entire Agreement. Except as otherwise agreed to-by the parties in writing, this Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior agreements, understanding and arrangements, both oral and written, between the parties with respect thereto. 15. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; however, any assignment by Grantee shall not serve to release Grantee of its obligations under this Agreement including but not limited to the indemnification or insurance requirements pursuant to Section 7 of this Agreement. Nothing contained in this Section shall in any way be construed as releasing or limiting Grantee of its obligations under this Agreement. COt1hl'Y 3 �� C►ERK G� GopNEtA 1Q/ ��44DEceueer 16. No Waiver. No delay or omission by any of the parties to exercise any right or power occurring upon any non-compliance or failure of performance by any other part under this Agreement shall impair any such right or power or be construed as a waiver. A waiver by any party of any of the covenants, conditions, or agreements of this Agreement to be performed by any other party shall not be construed to be a waiver of any succeeding breach or of any other covenant, condition or agreement. [The remainder of this page has been left blank; signature and notary pages to follow] 4 (eCOU ,,,, CLERI: qtr ,ECOut i*/ IN WITNESS WHEREOF, Grantor has executed this Permanent Easement Agreement as of the day and year first above written. GRANTOR: WINSTON TOWERS 600 CONDO - NIUM ASSOCInON,INC. By: Oar ‘Oz,_ Title: President Witness: Print na e: name: -Q -e v • r Print �4 t� I ,nr,'S1C, • STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE) The foregoing greement was acknowledged before me this2Oday of June,2019,by`� .trra 1 .��nn as President of Winston Towers v� 600 Condominium Association, Inc., a Fl da not-to-profit corporation. On behalf of said corporation and limited partnership. He personally appeared before me or is personally know to me. - • �,/ Notary: �"l JruL.;.. Print name: �.t�r Cu . q ex-Ar Notary Public, State of Florida My Commission expires: '24.-1 I"2.. Notary Seal: - E ::,a'P�-•. MONICA ZARANTE A g,,,G : NotaryPublic-State of Florida gi Commission#GG 182841 I 7.1.0,F.3: My Comm.Expires Feb 20.2022 //yyam� '•'•' Bonded through National Notary Assn. "•�f' C LERR del 5 .ODS . IN WITNESS WHEREOF, Grantee has executed this Permanent Easement Agreement as of the day and year first above written. GRANTEE: THE C Y OF UNNY ISLES BEACH ,16 B�y: 44_,641.q.--(_— Ti e: V110. Witness: A . Print Name CA-.4-3N• ‘ MLitt i' Print Name: “ Z- 1 -e STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE) The forgoin Agreement was acknowledged before me this WI-day of f lia 2019, byGc *Cts `�. SCALA, , in his/her capacity as MH012. of The City of Sunny Isles Beach He she perRnally appeared before me and [✓J is personally known to me or [ ] has produced 0144 a• identification. IT I .� TrIi��i�1i Notary: "� Print Name: IVI0tJ 4 ('1 CAJ- Notary Public, State of Florida My Commission Expires: 5(31 I 1-021 Notary Seal: RICIO BETANCUR n ce tL ! ._ CommissiG6 My Comm.Expires May 31,2021 `' OF ' Bonded throughNaticralNotaryAssn. )�1. �� � _ � — Exhibit "A" LEGAL DESCRIPTION AND SKETCH OF EASEMENT PARCEL: • Pgs COU/4 7 CLERK 1010' w�a CQ1Ml9 SKETCH AND LEGAL DESCRIPTION . 174 STREET BRIDGE PROPOSED WEST LANDING L r �r y\...,,- A Q N. 1 6 2 J Z „C) O t" 1 ---,...41 \— f — -" I I vW 1 I I 175 I H TE 1 � v 1 1 SUBJECT PROPERTY ,,. . 174TH ST -- U 1 • I 174TH ST WINSTON TOWERS 600 El(P.B. 113, PG.81) Z TRACT"A" > min Q Q to LJ J r O Q U I . LOCATION MAP SOURCES OF DATA: NOT TO SCALE • 1.Plat of°WINSTON TOWERS COO',recorded in Plat Book 113,at Page 81 of the Public Records of Miami-Dade County,Florida. Bearings as shown hereon are based upon the Easterly Boundary Line of Tract"A'of said Plat vnth an assumed bearing of 502°55'45W,said line to be considered a well established and monumented line. EASEMENTS AND ENCUMBRANCES: No information was provided as to the•existence of any casements other that what appears on the underlying Plat of record.Please refer to the Limitations item with respect to possible restrictions of record and utility services. - LIMITATIONS: Since no other information were furnished other than what is cited in the Sources of Data,the Client.*hereby advised that there may be legal restrictions on the subject property that are not shown on the Sketch or contained within this report that may be found in the Public Records of Miami-Dade County, any Florida or other public and private entities as their jurisdictions may appear. This document does not represent afield boundary survey of the described property,'or any part or parcel thereof. SURVEYOR'S CERTIFICATE: • I hereby certify That this"Sketch to Accompany Legal Description"and the Survey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge and belief and further, that said"Sketch to Accompany Legal Description°meets the intent of the applicable provisions of the"Minimum Technical Standards for Land Surveying in the State of Florida°,pursuant-to Rule 5J-17.051 through 5J-17.052 of the Florida Administrative Code and its implementing law,Chapter 472.027 of the Florida Statutes. LONGITUDE SUA"v OR5 LLC.,a Florida Li tediLiability Company Florida Cert Eat PAiithoriat�on N tuber 873.35 COU Alp),�'pI' J ClEBK Cp Dy: 16 Y l :�v� �, Date: 1 3 rn Eduar o M. Fez,de „ �� Registered Surveyor and Mapper L5G313 . r' State of Florida t p'''/ Q ek,'r NOTICE: Not valid wiihoul the signature an origi al raised seal of a Florida Licensed Surveyor and Mapper.Additions. :' fo.su p .y other than the signing party are prohibited without the writ' 'n con eni of the signing party.. `�� 44COU >, NOTICE:This document is not valid,full and complete without all pages. ' EXHIBIT„A„ LONGITUDE SURVEYORS, LLC 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 * PHONE: (305) 463-0912 * FAX: (305) 513-5680 WWW.LONGITUDESURVEYORS.COM JOB No.15296 PAGE 1 OF 3 I 1 SKETCH AND LEGAL DESCRIPTION i 174 STREET BRIDGE PROPOSED WEST LANDING • 174 — 7 th STREET ---- , _ _____ N87 17 35 _�- • , .\ • t I , . 0. „,•• N87°17'35"E Li' • • \SOUTHERLY RIGHT OF WAY LINE OF DEL Tq,p` \Z e� 174th STREET NOP.TIIERLY BOUNDARY LINE OF TRACT"A" T, `,o...0"'..9 0- (P.D. 113, PG. 81) �> J`°�' _o_ cP o P WINSTON TOWERS,600 - (P.B. 113, PG. 81) 3 50.0' • TRACT "A” o v o .14 I C Q o l 387004'15"E 40.00' W 1 . P.O.B. a / /• j / //' zQo > Z _oo Q J O( O W z . b r/ //::</ / ,--?. >- O. } 0 0 20 40 N / 7 V) '(;'N ) <n • "' O • QWZ // Wzm U i-- , SCALE / o2a 1" = 40' �/ /". LEGEND: / P.OCOMMENCEMENT.C =PO INT O F MM NCEMENi r P.O.B.=POINT OF BEGINNING P.B.=PLAT BOOK 1 PG.=PAGE N87°04'15"W 40.00' SEC.=SECTION CLERK �i P.O.T.=POINT OF TERMINATION (� jt •-`' EXHIBIT"A" NOTICE:Thls document is not valid,full and complete without all pages. � L rAl3NGITUDE S U R V E Y O R S, L L c otcoutic!/ • • 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 * PHONE: (305)463-0912 • FAX: (305) 51 2'.;80 * WWW.LONGITUDESURVEYORS.COM JOB No. 15296 PAGE 2.OF 3 • . 1 OR BK 14 F'G 600 LAST PAGE SKETCH AND LEGAL DESCRIPTION 1 174 STREET BRIDGE PROPOSED WEST LANDING • • • A parcel of land being a portion of tract "A" of "WINSTON TOWERS 600". • According to the Plat Thereof, as recorded in Plat Book I '13, Page 5 I of the public records of Miami-Dade County, Florida and being more particulary described as follows: COMMENCE at the southernmost point of curvature of the circular curve at the Northeast corner of said Tract "A"; thence S02°55'45"W along the Easterly line of • Tract "A", said line also being the Westerly line of Florida State Road A- I -A, a distance of 25.00 feet to the POINT OF BEGINNING; thence continue S02°55'45"W along said Easterly line of Tract "A", a distance of 60.00 feet, thence N87°04' 1 5"W a distance of 40.00 feet, thence NO2°55'45"E a distance of 60.00 feet, thence 587°04' 15"E a distance of 40.00 feet to the POINT OF BEGINNING. . Containing 2,400 square feet, more or less • . STATEOF LORIDA,COUNT OF DADE ii.co COUNT`I HEREB CERTIFY that this is a o y6py of the cLce 0 (�f- Oongu. it-din this orfce on d y r +, /4/ AD 20 W •dr,y hand an eli Motel Seal. -lc p ', ,Nw3°"4rwn 4 UVIN CL '; or it rr.�i� o C cu un Cou s i i .- ty ,� OgOc �\ t-:„.,-- i ..t - � � i � �COU . /-.310 NOTICE:This document is not valid,full and complete without all pages. EXHIBIT"A" 1 9 TUDE SUR R V E Y O R S LLC L� filGl S. 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 * PHONE: (305) 463-0912 • FAX: (305) 513-5680 * WWW.LONGITUDESURVEYORS.COM JOB No.15296 PAGE 3 OF 3 1111th 11111 Ilt1l t1ii1 i1llI 1lMll ILII CFN 2019R0389533 OR BK. 31494 F'ss 611-609 (9F'ss) RECORDED 3:6/24/2019 12:46:23 This instrument prepared by, DEED DOC TAX $.O 60 0.45 And after recordingshould be returned to: SURTAX RU HARVEY RUTIN? CLERK. OF COURT MIAMI-DADE COUNTY? FLORIDA Harold M. Rifas, Esq. Harold M. Rifas, P.A. 7900 Red Road, Suite 10 South Miami, Florida 33143 (Space Reserved for Clerk of Court) EASEMENT AGREEMENT FOR LANDSCAPE AND PEDESTRIAN USE THIS EASEMENT AGREEMENT (this "Agreement") is made and entered into as of Zl day of 1111E 2 2019, by and between Winston Towers 600 Condominium Association, Inc., A Florida not for profit corporation ("Grantor"), having an address of do Management Office, 210-174 Street, Sunny Isles Beach, Florida, 33160, and The City of Sunny Isles Beach, a Municipal corporation existing under the laws of the State of Florida ("Grantee"), having an address of do City Manager, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. RECITALS: • WHEREAS, Grantor is the owner of certain property situated in Sunny Isles Beach, Miami-Dade County, Florida, and more particularly described in Exhibit "A" attached hereto (the "Easement Parcel"); and • . WHEREAS, Grantee is seeking to construct a Pedestrian Overpass Bridge connecting west side of Collins Avenue to the east side of Collins Avenue to be used for pedestrians (the "Pedestrian Bridge"); and intends to provide landscaped.pedestrian access on the West side of Collins Avenue to said bridge; and WHEREAS, Grantor has agreed to grant and create, and Grantee, desires to obtain an easement over the Easement Parcel, on the terms and condition hereinafter set forth in this Agreement. NOW THEREFORE, in consideration of ten ($10.00) dollars and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. 2. Easement Parcel. The legal description and sketch of the Easement Parcel is attached to and made apart of this Agreement as Exhibit "A" to correct •• e the section of p g Grantor's property that is encumbered by this Agreement. From .. �`- •ate of this itp p y CLERK C D 1440 Page 1 of 6 '0""'LO' O 40E , mac' Agreement, only the Easement Parcel, and no other property of Grantor, shall be subject to, and burdened and encumbered by, the terms and provisions of this Agreement. 3. Grant of Easement. Grantor hereby grants to Grantee, in perpetuity, an exclusive easement (the "Easement") in favor of Grantee over, across, under and through the Easement Parcel, as more thoroughly described in Exhibit "A" solely for the purpose of landscapedpedestrian access to the Pedestrian Access Bridge. 4. Maintenance of Easement Parcel. Grantee, at Grantee's sole cost and expense, shall be responsible for maintaining the Easement Parcel at all times. 5. Compliance with Laws. The beneficiaries of this Easement shall at all times observe in the use of the Easement Parcel all applicable municipal, county, state and federal laws, ordinances, codes, statutes, rules and regulations; however, Grantor shall be under no legal or other duty to ensure compliance with any of the foregoing. 6. Reservation. Grantor hereby reserves all rights of ownership in and to the Easement Parcel which are not inconsistent with the Easement, including without limitation: (a) the right to grant further non-exclusive easements on, over, or across the Easement Parcel i.e. utility easement), and (b) the right to use the Easement Parcel for all uses not interfering or inconsistent with the uses permitted herein; including, but not limited to, the development of Grantor's property. 7. Indemnification and Insurance. Subject to the provisions of Section 768.28, Florida Statutes, Grantee hereby agrees, and all parties by virtue of their use of the Easement Parcel shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless Grantor (and all of its members, officers, directors, employees, successors and assigns) from and against any and all damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether or not suit be brought and at any trial court level or any appeal taken therefrom) arising from, growing out of or connecting in any way with any use of the Easement or the Easement Parcel. Grantee hereby agrees, and all parties by virtue of their of use of the Easement shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless Grantor (and all of its members, officers, directors, employees, successors and assigns) from and against anyand all liabilities, damages, claims, costs or g ) g expenses whatsoever (including all reasonable attorneys' fees and costs whether or not suit be brought at any trial court level or any appeal taken therefrom) arising from, growing out of or connecting in any way with failure of the Grantee to maintain the Easement Parcel or the exercise of Grantee's rights under this Agreement. Grantee shall, at all times, secure and keep in force, at Grantee's sole cost and expense, comprehensive liability insurance for bodily injury, personal injury or death and insurance for damage to any property, which policy(ies) name Grantor as an additional insured. 8. Enforcement. The provisions of this Agreement may be enforced b y all appropriate actions at law and in equity against any party violating or attempting to violate any provision of this Agreement. The prevailing party in any such action sha .- entitled to reimbursement of reasonable attorneys' fees and costs incurred at all tria� .rr i:7 „ levels. • CLERK Cp •� GAN Page2of6 t • 11 OD RUM 104,1 JJ �, The laws of the State of Florida shall govern the interpretation, validity, performance, and enforcements of this Agreement, and venue for any action brought under this Agreement shall be in Miami-Dade County, Florida 9. Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof The terms of this Agreement shall not be more strictly construed against any one of the parties hereto as a result of the party who drafted same. In constructing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and reference to any particular gender shall be held to include every other and all genders. 10. Notices. Any and all notices required or desired to be given hereunder shall be in writing and shall be deemed to be duly given when delivered by hand or three (3) business days after deposit in the United States Mail, by registered or certified mail, return receipt requested, postage pre-paid, and addressed to the applicable party to the address for such party set forth at the top of this Agreement (or to such other address as either party shall hereafter specify to the other in writing). 11. Severability. In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid and unenforceable, the remainder of this Agreement shall remain enforceable to the fullest extent permitted by law. 12. Amendment or Termination. No modification or amendment or termination of this Agreement shall be effective unless in writing, signed by the parties hereto (or their permitted successors and/or assigns), and recorded in the Public Records of Miami-Dade County,, Florida. 13. Covenant running with the land. This Agreement shall constitute a covenant running with the land and will be recorded in the Public Records of Miami Dade County, Florida. This Agreement shall remain in full force and effect and be binding upon and inure to parties hereto and their respective heirs, successors, and assigns unless the benefit of thepg terminated as set forth in Section 12, above. 14. Entire Agreement. Except as otherwise agreed by the parties in writing, this Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties with respect thereto. [The remainder of this page is intentionally left blank; signature and notary pages to follow.] cOUN, /� CLERK -00G oft cwt 44, Page 3 of 6 4/4C00.4 • • IN WITNESS WHEREOF, Grantor has executed this Easement Agreement as of the day and year first above written. GRANTOR: • • WINSTON TOWERS 600 CONDOMI UM ASSOCI• TON,INC. i By: /4 Title: i Witness: Cote, Print Name u � /co 406' • • Print Name: aeire. STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE) The forego' g Agreement was acknowledged before me this, day of ;30'0- ,2019, by S'Pryvt , as President of Winston Towers 600 Condominium Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation and limited partnership.p He personally lly appeared before me and isersonall known to me. P Y { NOTARIAL SEAL ) k • Notary: Print Name: '(ter /< Y°�¢. MONICA'tARAhT= Notary Public, State of Florida ' ; NotaryPublic-StateofFlorida MyCommission Expires: Commission#GG 18284 ' •' •*1 My Comm.Expires Feb 20.2022 0"ded through'National Notary Assn. 4.4%Fr^iGrr+ar...11" 474f/1 COV ,^^ • CLERK �JG '4940Ecoue Page 4 of 6 ,1' IN WITNESS WHEREOF, Grantee has executed this Easement Agreement for Landscaping as of the day and year first above written. GRANTEE: THE TY 0, SUNNY ISLES BEACH By: 6 1 . (ecu Title: /• 0- Witness: I 17,L) Print Name N -n>,;",. "3 42._. :4- Print Name: J--VA 2 Ey STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE) • ZI £ The foregoing A reement was acknowledged before me this day of �Ur�1 2019, g g g g . S in er capacity as byCirO'�G.6 � Cb4o�� P Y µipe— / of The City of Sunny Isles Beach�Ie!she'personally appeared before me and [V] is personally known to me or [ ] has produced OW as identification. NOTARIAL SEAL } al i i • { ld ►� i � lNotar : 4s Print Name: '� f-1 -,APICcJe- . ;P y '. MAualaoBETANCUR Notary Public, State of Florida • - - Notary Public-State of Florida ' ,.0 •_ Commission=GG 110119 My Commission Expires:i•�', it (5•, My Comm.Expires May 31,2021 4 P; c. .I Notary Assn. •..� through Y = oFfl,: Bonded �� . �W CIERR Q Page 5 of 6 Exhibit "A" LEGAL DESCRIPTION AND SKETCH OF THE EASEMENT PARCEL: fDcr( Page6of6 v4orc0vt# , - . . . ...; . . . . . SKETCH AND LEGAL DESCRIPTION . LANDSCAPE EASEMENT N8-701735"E gnivAri 1 . 1 :..es CilfftlEP,LY RIGHT 01.WAY LIME Of 0: 174th 5fREET • P.0,0. \__. i(:riO5P....T.1-11EIR.L.3‘,.Yrri3OU6i;lp:AR.Y LINE Of Tf,4:CT:"A" . 50:0' :o 0 25 50 o 1.--.1—,---1 rst-N. / I i____Ise=stete. tk-4.J.USJ - SCALE DELT.A:=095.938'10" - .to 1" = 50 T=27.59' 1 • L=41.73' CV S87°04 5E .v). 1.1.00.'--\?_ 171 I / .",/. VI 1 ! IA 11 . 8 vl 0: z ci WIN8TON TOWERS 600 (,).I. / — (P.B. 110,Pa. 81) .,/ I.N > Z .r.• < ,i ..).7.,, , • TRACT j'A" .. .24" iti[e) C-.2) p-)• P.I/ri) Z 0 LI). • LO: (8.111 if) 2-3 EX & • v) .Z.17/1..2(N '0-1 LL1 • 17- -4.. • 4 1-' , 0 '4 z I/• :1,x :9 //I u.- 'ç ° 8 il 1//,j .? P t )-u 00?'-. -,s2.P,..L.21; (`/, , 1 - - 1, I i• . is) 1.,•/ btu.9,. • 1.1 OF CQNWEMENT .. LEGENa- — =-P:OINT' ENC: i .1/I z.'-(,) 1•1.:. F3::(5*=-POIIT...-O.F..kEG.I.N.NING. .I. .•1 _,.1 ' '. # ..4 P:0'.;=PLAT BOOK •SE0'.=s.-pet!.oN 1,11 * coowc4 '$-- I P;Q:T.=150141.0P TERMINATIONRpm —4,---- __----------.—_ . ecoutirt .$879)7'35W:1" L 50t)Tfl LINE:Of I 11.05' TF.Acy 7.,.. NOTICE.Tbis.clocueneiif is not-valid,full and.compIple withqut.a11.-page . • . EXHIBIT"A" . . LriNGITLODE ..." • . s ..U: R V. E Y 0 R :S, L L C 77,15 NW.48TH'8TREET,-SLATE 310,DORAL, FLORIDA 33166:• PHONE:.(305).1.-63-09f12 • FAX: (305) 513-5650 • WWW:LONG I fLIDESURVEsi!OR5.C.QH \.... .. . JCiB.NO:15296..100 PAGE 1 OF 3 • .. , . . ..„; /....--.., SKETCH AND LEGAL DESCRIPTION LANDSCAPE EASEMENT A. parcel 'of land being a portion,of Tract"A" of "WINSTON.TOWERS G00", according to t116..plat: thereof, as recorded in Plat Book I I 3 Page.8 1 of the.publiC records of Miami-Dade CoOnty, Morida an1p.c1 more particularly described as.foliows: COMMENCE at the southernmost point of curvature of the circular curve at the Northeast corner of said Tract "Nt.; thence '5 02°55'45" W along the rasterly line.of Tract "A", said line also being the Westerly line OfFlorida:State Road-A- I -A, a distance of 85.00 feet to the. POINT OP DEGINNING; thence continue 5'.02°5:545." VV long said. Easterly lme of Tract "A", a distance of 233..40 feet 'to the Southeast Corner of said Tract "A".; thence 5 8791735"'W, along the Southerly line of said Tract • "A"., a.distance .of 1 I feet,: more or less-, to the point of intersection with the Southerly extension.of the Easterly face of an existing''concrete wall, thence Northeasterly, alOng:the'Southerly extension of the Easterly face of said wall, along the the Easterly face of said wall, and along the Northerly extension of the Easterly face of said wall:, a distance of.300-feet, more or less, to the point of intersection with a line' projected..westerlyirormsai.d.POINT Of BEGINNING and being perpendicular to' said:Easterly line of Tract "A"; thence. 587°04'I-5"E, along the previously described line,a: distance of I- I feet, More or less., tothe POINT:Of DEGINNING. Containing,3,255 5g:0a:re feet,. more.o.r. less:. • . . • • • op COUNty, . . cp CLERK 4106, S. '''' .:,•;?!.• i -rik GODattiUST 0 44°ECOUO ' NOTICE:This docume-niit-not valid,f1411arld•cornplete7wiihtgAl pages. - — - • EXHIBIT"A" Lc,)MQ O. • Tv0E. S. VRVE -se 0 .R S, L L t < 77.15 NW 48.111 STREET, SUITE-31.0, DO,RAL, FLORIDA 3•166 'PHONE: ow.404912 1-FAX: (305) 51 -5.68.0 • WWW.I,ONGI.T.OESURVEYORS:COM JOB No.15296.1.00 PAGE 2 OF 3 .." OR Bk 31494 PG 609 LAST PAGE • SKETCH -AND LEGAL 'DESCRIPTION LANDSCAPE EASEMENT 7/ o • Ll• 1 > rnallill co..niiiJ Z J U w Tij751HH___ ` D l • 174TH ST • IIWU i 174TH ST WINSTON TO600 (P:B. 113,WERS PG. 81') Ell z TRACT'`A" ,- ci MOM Q ___I • z. I • — SUBJECT SE •.ENT 8O : Q .LOCATION MAP SOU.CE5.OF`'DATA: NOT TO SCALE . 4.Plat•of'WIIJS.TON TOWEPS GOO",recorded in Plat...Book.1 1.3.at Pace'S I of the Public Records.of Miami-Dade County,Florida. Bearings.as shOniq hereon'are:based upon'the Easterly Boundary Line of Tract"A?of said Plat with ah assumed bearing of'502955'45^N,said line to.be.considered a.well esta h blrs ed and":monumented line. ' ..EASEMENTS ANDENCUMBF:ANCE5: • .lid informatiOn-Was provided:as to'the existence of any easements.other that What appears on the underlying Plat.of record. Please refer to the Limitations,item with respect to possible.restrictions of record and u..tdity services. • ,LIMITATIONS: Since%no"other mforrriat'fon..sere.furnished other than what is cited in the'Sources:of-Data,the Client is hereby advised that.there may be legal restrictions on the subject property that are not shown on the Sketch or'contained within.this.report that may:be found in.the Public Records of Miami-Dade County,Flonda or any Other public and private entities as-their Jurisdictions may appear-. This docurhent does notrepresent-a field boundary survey'of the described-property,orany part or parcel thereof. 'SIJPVEYQP,'S CERTIFICATE: I hereby certify:.That this`5f:etch to Accompany Legal.Des'cnption"aiid the Survey-MapTesuitin.g therefrom wapeNorined,under.mydirectiOn and'.Is trueaarid correct to't.he: bek of my knowledge and belief and further, that said"Slietch to'Accompany Legal'Description`meets the intent,of the applicable'provisions of the"Minimum Technical . Standards for Land Surveying_in the State of-Florida';pursuant to'Rule 5.1 17.051'through 5J-1.7.05.2:of the Florida Administrative Code and its ini Jementm' Iaw,Chapter 9 P 9 P. 472027:ofthe FI'orida Statutes. CO OF DADE O 1.44 NT ! /7 ,. _ STATE OF FLORIDA,COUPN ` .LONGITUAESURVPY.915.4.,a Florida U ited liabilit Coin_an ♦ cuar Y P Y Florida Certifi thonzation:Nfmber 87335 i HEREBY CE" IFY that this is a tr c py of the J O Ar rnal(i his olli eon tI1 A. � � U .;r rn By: if)1'1(A il� .{.1� ,Il fj, Date: I ?% B , A D 20 l 3 li P Eduardo`M.;SUarei,PSYvt, '" , ITN.jlimy hand a if Official Seal .+.4, m Goo� s Registered 5urveyor:and.Mapper ISG31 • if" i, �V state.of F'. , AR 110, • IN:CL, , of Circuit AM •/.un -ju►I 0, `` lorda. D ' // • l NOTICE: Not valid'wifhoul the sigribture n' d..dii hotYoiied sealof a Fionda•Licensed.Survey,: on! -o er. •:ditions.or etions to:5 rave yMp s.b :other than the PP Y V. P ifgning pony'ore-ptbhlbit:ed with'ouflhe'vim t:en consent of Ihe.signir g_pariy. • NOTICE:This doc.umentis.not•valid,.full and.'completewithoutall pages. EXHIBIT,"A Lrb , .`:GU A UDE s U R V .E Y 0 R S. L L C .7715 NW.4BTN:.STREET, SUITE.310, DORAL, FLORIDA 331.6 * PHONE: (305):463-0912. ' FAX: (305) 513-5080 ' WWW.LONGITUDESURVEYORS.COM JOB No.15296.1:00. PAGE 3 OF 3 • 11111111111111111111111111111111111111111• 1111 C_FN 2019R0389534 OR Q.K. 31494 F'9s 610-619 (10P9s) • RECORDED 06j'24?2019 12°46:23 This instrument prepared by, DEED DCF+:: TAX $0.60 SURTAX $0.45 And after recording should be returned to: HARVEY Rei+.+iNP C-OERK. OF COURT MIAMI—DADE COUNTY FLORIDA Hans Ottinot, City Attorney City of Sunny Isles Beach • 18070 Collins Ave Sunny Isles Beach, FL 33160 (Space Reserved for Clerk of Court) • UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENTAGREEMENT (this "Agreement") is made and entered into as of ?2t day of JnIC 2019, by and between Winston Towers 600 Condominium Association, Inc., a Florida not for profit corporation ("Grantor"), having • an address of do Management Office, 210 174`h Street, SunnyIsles Beach, g • Florida, 33160, and The City of Sunny Isles Beach, a Municipal corporation existing under the laws of the State of Florida Grantee havingan address of do City )� Manager, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. RECITALS: 'WHEREAS, Grantor is the owner of a:certain property situated in Sunny Isles Beach, Miami-Dade County, Florida, and more particularly described in Exhibit "A" (the "Easement Parcel") attached hereto; and WHEREAS, Grantee is seeking to construct a Pedestrian Overpass Bridge connecting west side of Collins Avenue to the east side of Collins Avenue to be used for pedestrians (the "Pedestrian Bridge"); and WHEREAS, Grantor has agreed to grant and create, and Grantee, desires to obtain, on the terms and condition hereinafter set forth, an easement over, across, and under and through the Easement Parcel for the purposes of installing, maintaining and repairing all necessary utility lines, pipes, services and appurtenances which will serve the Pedestrian Bridge. NOW THEREFORE, in consideration of ten ($10.00) dollars and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: • 1. Recitals. The foregoing recitals are true and correct and orporated herein as if en repeated at length. C011 P z� 1 4. OMR nun V4o fmt • 2. Easement Parcel. The legal description and sketch of the Easement Parcel is attached to and made a part of this Agreement as Exhibit "A" to correctly note the section of Grantor's property that is encumbered by this Agreement. From and after the date of this Agreement, only the Easement Parcel, and no other property of Grantor, shall be subject to, and burdened and encumbered by, the terms and provisions of this Agreement. 3. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement (the "Easement") in favor of Grantee over, across, under and through the Easement Parcel solely for the purpose of installing, maintaining and/or repairing utility lines, pipes, services and all appurtenances thereto including but not limited to electric, phones and cable (the "Utilities") and for no other purpose. To the extent possible, the Utilities shall be installed underground or in a manner which minimizes any impacts to the view from Grantor's property. 4. Restoration of Property. Upon completion of any work for the installation of the Utilities by Grantee on the Easement Parcel, Grantee shall, at Grantee's sole cost and expense, be responsible for restoring the Easement Parcel (including any and all improvements which may be constructed thereon from time to time) to the same or similar condition that it was before the installation occurred. 5. Maintenance of Easement Parcel. Grantee or its agents, at Grantee's sole cost and expense, shall be responsible for maintaining the Easement Parcel (including any and all improvements which may be constructed thereon from time to time) after the installation of Utilities. 6. Compliance with Laws. The beneficiaries of the Easement shall at all times observe in the use of the Easement Parcel all applicable municipal, county,.state and federal laws, ordinances, codes, statutes, rules and regulations; however, Grantor shall be under no legal or other duty to ensure compliance with any of the foregoing. 7. Reservation. Grantor hereby reserves all rights of ownership in and to the not inconsistent with the Easement, including Parcel which are without limitation: (a) the right to grant further non-exclusive easements on, over, or across the Easement Parcel (i.e. utility easement), and (b) the right to use the Easement Parcel for all uses not interfering or inconsistent with the uses permitted herein, including, but not limited to, the development of Grantor's property. 8. Indemnification and Insurance. Subject to the provisions of Section 768.28, Florida Statutes, Grantee herebyagrees, and allparties byvirtue of their use of g � the Easement shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless Grantor (and all of its members, officers, directors, employees, successors and assigns) from and against any and all damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether or not suit be brought and at any trial court level or appeals taken therefrom) arising from, groms'•• -out s of or connecting in any way with any use of the Easement and the Ease • „. . ity I CLERK nn 0G 2 Grantee hereby agrees, and all parties by virtue of their of use of the Easement shall be deemed to have agreed, to jointly and severally indemnify, defend and.hold harmless Grantor (and all of its members, officers, directors, employee, successors and assigns) from and against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether or not suit be brought and d at any trial court level or any appeals taken therefrom) arising from, growing out of or connecting any with failure of Grantee to maintain the Easement Parcel or the Y wa Y exercise of Grantee's rights under this Agreement. Grantee shall, at all times, secure and keep in force, at Grantee's sole cost and expense, comprehensive liability insurance for bodily injury, personal injury or death and insurance for damage to any property, which policy(ies) name Grantor as an additional insured. 9. Enforcement. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity against any party violating or attempting to violate any provision of this Agreement. The prevailing party in any such actions shall be entitled to recover reasonable attorney' fees or costs incurred at all trial and appellate levels. The laws of the State of Florida shall govern the interpretation,) validity, performance, and enforcements of this Agreement, and venue for any action brought under this Agreement shall be in Miami-Dade County, Florida. 10. Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof The anyone of the parties terms of this Agreement shall not be more strictly construed against hereto as a result of the party who drafted same. In constructing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and reference to any particular gender shall be held to include every other and all genders. 11. Notices. Any and all notices required or desired to be given hereunder shall be in writing and shall be deemed to be duly given when delivered by hand or three (3) business days after depositin the United States Mail, by registered or certified mail, return receipt requested, postage pre-paid and addressed to the applicable partyto the address for such partyset forth at the topof this Agreement (or to such other address as g either party shall hereafter specify to the other in writing). or provision of this Agreement is 12. Severability. In the event anyterm 0 vp g determined by appropriate judicial authority to be illegal or otherwise invalid and unenforceable, the remainder of this Agreement shall remain enforceable to the fullest extent permitted by law. upon Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective successors and assigns. Grantor 'acknowledges that this Agreement is assignable by Grantee without the consent of Grantor; however, an assignment by Grantee shall not serve to release Grantee of its obligations under this Agreement including but not limited to the ind- -y� a *s or r insurance requirements pursuant to Section 8 of this Agreement. Gran , ' � r ,,. t,` r-hr �r}. ` -ier+,7 f �Q 3 ' GOO Y(E TRU;T QqoFCOW easement rights to third parties including but not limited to Florida Power & Light Company and AT&T provided said assignees agree in writing to abide by and comply with the terms of this Agreement and further provided that Grantee shall remain responsible and liable for all of its obligations hereunder. Nothing contained din this Section or this Agreement shall in any way be construed as releasing Grantee's successors and assigns from anyobligations to Grantor created bythis Agreement or to in g g g any way limit Grantor's remedies at law as against Grantee or such successors and/or assigns. If necessary, Grantor shall execute any easement agreement consistent with the terms of this Agreement from the utility companies based on the rights granted and obligations contained herein. 14. Amendments Termination. No modification or amendment or termination of this Agreement shall be effective unless in writing, signed by the parties hereto (or their permitted successors and/or assigns), and recorded in the Public Records of Miami- Dade County, Florida. 15. Entire Agreement. Except as otherwise agreed to by the parties in writing, this Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supercedes all prior agreements, understandings and arrangements, both oral and written, between the parties with respect thereto. • [The remainder of this page has been left blank; signature and notary pages to follow] rOcTCEORUINco 4 If< GOD wt nor 44 40 f2, IN WITNESS WHEREOF, Grantor has executed this Utility Easement Agreement as of the day and year first above written.. GRANTOR: WINSTON TOWERS 600 CONDO_ INIUM ASSOQI cTIG' ,INC. B f C y: Title: p • Witness: /\042-14._ Print Name • e - (_ .5 f Print Name: k 1`j S STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE) The foregoing ��_• fore oing Agreement was ackn wled ed' before me this Z daY of , 2019, by �.-'r»t-LIZ._ 41.5- , as President of Winston Towers 600 CondominiumAssociation, Inc., a Floridannot-for-profit corporation, on behalf of said corporation. He personally appeared before me and � isP ersonallY known to me or[ ] has producedas identification. • ( NOTORIAL SEAL ) Notary: k ;3 ........ MONICA ZARANTE Pnnt Name: `'�(.�nI C,12? z�i"v `a' `: Notary Public-State of Florida 0 Notary Public, State of Florida =; 1. �� Commission#GG 182841 9 : ppW My Comm.Expires Feb 20,2022 ' My Commission Expires: -2-1 �'ZZ '•'•Bonded through National g Notary Assn. L �Z-o1 lcj. e o �y CLERK vL`c. SOsrtnun 5 ./414o f IN WITNESS WHEREOF, Grantee has executed this Utility Easement Agreement as of the day and year first above written. GRANTEE: THE P TY OF SUNNY ISLES BEACH By: e5 Title: Witness: �(' ) Print Name • • ; a . 14. ..: r Print Name: L ? 2 STATE OF FLORIDA ) • )ss. COUNTY OF MIAMI-DADE) The foregoing Ag eement was acknowledged before m this�z day of , 2019, by f a(2etc if• Sc(4ot,t- , in hi her capacity as Mktg— , of The Cityof SunnyIsles Beach. she personally appeared 'before me and [ ✓] is personally known to me or [ ] has produced N 4 as identification. { NOTORIAL SEAL } Ak► Notary. Print Name: WO •F41."11.41TW� MAURiaosETaucua Notary Public, State of Florida e� Y PUN :. Notary Public-State of Florida � ,'(I X21 •_ Commission€GG11011 OZi My Commission Expires: S iz na e; Expires May 31,Comm.o mmY My P PAF'OP P�C� Bonded through l:ztic rtsc[zry Assr.. • /34)CLERIt 4 N • 41_ • 001111101,11) 6 0ECW Exhibit"A" LEGAL DESCRIPTION AND SKETCH OF THE EASEMENT PARCEL: couFl o ry `,4 CLERK cc‘la g . . ;. . SKETCH AND LEGAL DESCRIPTION 0 • UTILITY EASEMENT 0 10 20 0 R=25.00' SCALE A=36°58'06" 1" = 20' P.O.C. L=16.13' 174th STREET P.O.B. • N87°17'35"E go . R=25.00' • A=58°40'04" SOUTHERLY RIGHT Of WAY LINE OF L=25.60' 174th STREET NORTHERLY 90UNDAPY UNE OF TRACT 7A' iil% 50• • . T • a Q I TRACT 4 ' N87°0415 W Z Q •12.00' o wJo o v) • }��Z v > Z 3<} Q . O'�°d.- 0 CV o nzo N 2;mr. z O . �Nym J (Z o I- IQ II• • . 50.0' . � LEGEND: P.O.C.=POINT OF COMMENCEMENT Sip Cfl��r\ P.O.B.=POINT OF BEGINNING tr J Cl AK d P.B.=PLAT BOOK V .f, G� PG.=PAGE • v I N c_=CENTERLINE R=RADIUS r'�, Q L=ARC LENGTH : A=DELTA/CENTRAL ANGLE I rt>7df► '�O #.5.). HIBIT"A" NOTICE:This document Is not valid,full and complete without all pages. • qi��� L�NGITUDE SUR V E Y O R S, L L C 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305) 463-0912 ' FAX: (305) 513-5680 ` WWW.LONGITUDESURVEYORS.COM JOB No.15296.1.00 PAGE 1 OF 3 • l SKETCH AND LEGAL DESCRIPTION UTILITY EASEMENT A parcel of land being a portion of Tract"A" "WINSTON WINSTON TOWERS 600", according to the plat thereof, as recorded in Plat Book 113, Page 81of the public records of Miami-Dade Dade County, Florida and being more particularly described as follows: COMMENCE at the northernmost point of curvature of the circular curve at the Northeast corner of said Tract "A"; thence southeasterly along said curve to the right, having a radius of 25.00 feet, and a central angle of 36°58'06", for an arc distance of 16.13 feet, to the POINT OF BEGINNING; thence southeasterly along said curve to the right, having a radius of 25.00 feet, and a central angle of 58°40'04", for an arc distance of 25.60 feet, to the,point of tangency with the Easterly line of said Tract "A",said line also being • the Westerly Right of Way line of State Road A-1-A(Collins Avenue);thence S 02°55'45" W along the previously described line, a distance of 25.00 feet; thence N 87°04'15" W, a distance of 12,00 feet; thence N 02°55'45" E, a distance of 46.35 feet,to the POINT OF BEGINNING. Containing 481 square feet, more or less. I j • • • COUNTY. Cl EAK I � a O NOTICE:This document Is not valid,full and complete without all pages. goecoo EXHIBIT"A" SURVEOR 7715 NW 48111 STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305) 463-0912 • FAX: (305) 513-5680 • WWW.LONGITUDESURVEYORS.COM JOB No.15296.1.00 PAGE 2 OF 3 4 OR BK 31494 PG 619 LAST PAGE SKETCH AND LEGAL DESCRIPTION . UTILITY EASEMENT \_// _ NJ . 0 ? Z 1 ... J - ___6 .. W U 175TH TE o SUBJECT 11. IlliNall LW 174TH ST 0 174TH ST WINTO600 (PB. STON 113,WERS PG.81) Ell f-- Z TRACT"A" < Q Q J z J J O Mil < . 11111111111 U LOCATION MAP SOURCES OF DATA: NOT TO SCALE I.Plat of'WINSTON TOWERS 600',recorded in Plat Book 113,at Page 51 of the Public Records of Miami-Dade County,Florida. Bearings as shown hereon are based upon the Easterly Boundary Line of Tract'A''of said Plat with an assumed bearing'of 502°55'45'W,said line to be considered a well established and monumented lire. EASEMENTS AND ENCUMBRANCES: No information was provided as to the existence of any easements other that what appears on the underlying Plat of record.Please refer to the Limitations:itern with respect to possible restrictions of record and utility services. LIMITATIONS: Since no-other information were furnished other than what is cited in the Sources of Data,the Client is hereby advised that there may be legal restrictions on the subject property that,are not shown on the Sketch or contained within this report that may.be found in the Public Records of Miami-Dade County,Florida or any'other public and private.entities as their jurisdictions may appear. This document does not represent a field boundary survey of the described property,or any part or parcel thereof. SURVEYOR'S CERTIFICATE: • I hereby certify:That this'Sketch to Accompany Legal Description'and the Survey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge and bchcf and further,that said'Sketch to Accompany Legal Description"meets the intent of the applicable provisions of the'Minimum Technical Land ry n n e State of pursuant to Rule 5J-17.05 I thio 7. and its im Iementrnr -*T Standards for La d Su e. 99 i h Florida', '91f�lJF��5�e�f�{,��Jnpptpp"pfq� P '•b •aN� 472.027 of the Florida 6`dtt�lc�'ntu3 PN !) ,, Ci t;,` ) ill. „5',,,,.-;e (HEREBY ERTIFY that this is a tr • of the t cats r LONGITUDE SURV F ;ILC,,°a•Floryda•1idmtq$_Liabdity Company ongr /, d in thi office on day of , a. Florida Certifica GL ~,.L`hfh�•rfonfe't 6,e'n- 3:35 r •;o• ti. �-� p. F r J u -" — vr d ..l� :.a � � AD20 /9 �1 -"�� 1v r ` ' r`' - �r r�. y hand aid`s(ficial Seal. 9 d I. By: / -•-! ) \ `„ 1 5' Date: A�1 -4 ►i' - r Eduardo NtoSsa ez, 'SM, Y• ® r:. s t�►r1�' OlCircudan: o ► O �fr ��0q°O0 �OtF'', Registered•Silrveyor and•t,Aacpe•,1563=).3'.:;;V' :.c 0p C0014 ./ ', �l&4'vii-:.••,-J g r.a_ State of Flo�tifp. °° "c. • - /.5. 4 -- NOTICE: Not valid vliif qurthe atgndlurE anL'ortgln I raised Seal of a Florida Licensed Surveyor and M•pper.Additio/or deletions to Survey Maps by other than the signing party are prohibit.44,titheu),Iti'e wrifi'er'Qp sent of the signing party. • NOTICE:This document is not valid,full arid complete without all pages. EXHIBIT"A" LONGITUDE SURVEYOR S, LLC 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 " PHONE: (305) 463-0912 • FAX: (305) 513-5680 • WWW.LONGITUDESURVEYORS.COM ` JOB No.15296.1.00 PAGE 3 OF 3 I l��lll 11I �Ill i I IIA IlI�I IIIH Ill�l DIII I��I CFF-1 201.980389535 OR BK. 31494 Ns 620-629 (10F9s) ,. - ,,2 4 9. - rECOF.CEG ul, ����+1 1_•�4E.��- This instrument prepared by, DEED DOC 'TAX 1.0.60 And after recordingshould be returned to: E'Uh TA.�. L t.4O HARVEY RUVIN? CLERK. OF COURT MfIANI-RADE COUNTY? FLORIDA Hans Ottinot, City Attorney .City of Sunny Isles Beach 18070 Collins Ave Sunny Isles Beach, FL 33160 (Space Reserved for Clerk of Court) TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (the "Agreement") is made and entered into as of day of Unle 2019, by and between Winston Towers 600 Condominium Association, Inc., a Florida not for profit corporation ("Grantor"), having an address of do Management Office, 210 174th Street, Sunny Isles Beach, Florida, 33160, and The City of Sunny Isles Beach, a Municipal corporation existing under the laws of the State of Florida ("Grantee"), having an address of do City Manager, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. RECITALS: WHEREAS, Grantor is the owner of a certain property situated in Sunny Isles Beach, Miami.,Dade County, Florida, and more particularly described in Exhibit "A" attached hereto • (the "Easement Parcel"); and . WHEREAS, Grantee is seeking to construct a Pedestrian Overpass Bridge connecting west side of Collins Avenue to the east side of Collins Avenue to be used for pedestrians (the • "Pedestrian Bridge"); and • WHEREAS, Grantee requires a temporary construction easement to allow Grantee's contractor(s) to construct and maintain the Pedestrian Bridge; and WHEREAS, Grantor has agreed to grant and create, and Grantee desires to obtain an easement, on the terms and condition hereinafter set forth in the Easement Agreement described herein. • NOW THEREFORE, in consideration of ten ($10.00) dollars and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as • if repeated at length. ;: lifeems Page 1 of 7 �OgDf 2. Easement Parcel. The legal description and sketch of the Easement Parcel is attached to and made a part of this Agreement as Exhibit "A", to-correctly note the section of Grantor's property that is encumbered by this Agreement. From and after the date of this Agreement, only the Easement Parcel, and no other property of Grantor, shall be subject to, and burdened and encumbered by, the terms and provisions of this Agreement. 3. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive, temporary construction easement (the "Easement") in favor of Grantee over, across, under and through the Easement Parcel for the construction and maintenance of the Pedestrian Bridge and for no other purpose. 4. Restoration of Property. Upon completion of any work for the installation of the Pedestrian Bridge, Grantee and its agents shall, at Grantee'sexpense,sole cost and be g responsible for restoring the Easement Parcel to the same or similar condition that it was before the construction of the Pedestrian Bridge. 5. Access to Easement Parcels and Property. Grantor shall permit Grantee to have unlimited access to the Easement Parcel for the construction of the Pedestrian Bridgewithout any unreasonable interference or delays. Grantee is permitted to conduct construction staging activities on the Easement Parcel. Grantor acknowledges that access to the Easement Parcel is required to facilitate the construction of the Pedestrian Bridge, and Grantor shall not deny Grantee access to the Easement Parcel. 6. Parking Spaces. Grantee shall provide Grantor with at least one (1) visitor parking space for a non-commercial vehicle within the condominium property during the construction of the Pedestrian Bridge. 7. Maintenance of Easement Parcel. Grantee shall be responsible for maintainingthe p Easement Parcel duringthe construction of the Pedestrian Bridge. Further, Grantee shall be required to restore any property damaged during the construction of the Pedestrian Bridge. Additionally, Grantee agrees to the following: a. Grantee shall use its best effort to minimize any excessive noise or dust that is generated from construction activities performed on the Easement Parcel. To the extent possible, Grantee shall remedy any noise or dust complaints filed by Grantor. b. Grantee shall take all necessary measures to prevent rodent and vermin infestation duringthe construction activities. To the extentpossible, Grantee shall remedy any complaints filed by Grantor regarding rodent and vermin infestation. 8. Compliance with Laws. The beneficiaries of the Easement sh. .t all times observe in the use of the Easement Parcel all applicable municipal, cou •eta '' ederal '?�• .� laws, ordinances, codes, statutes, rules and regulations; however, Gra s A4tR.e no legal or other duty to ensure compliance with any of the foregoing. g ikre. ecormusi Page2of7 4404OE 9. Reservation. Grantor hereby reserves all rights of ownership in and to the Easement Parcel which are not inconsistent with the Easement, including without limitation: (a) the right to grant further non-exclusive easements on, over, or across the Easement Parcel, and (b) the right to use the Easement Parcel for all uses not interfering or inconsi'stent with the uses permitted herein. 10. Indemnification andSubjectto provisions Insurance. the of Section 768.28, Florida Statutes, Grantee hereby agrees, and all parties by of their use of the Easement Parcel shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless Grantor (and all of its members, officers, directors, employees, successors and assigns) from and against any and all damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether or not suit be brought and at any trial court level or appeals taken therefrom) arising from, growing out of or connecting in any way with any use of the Easement and the Easement Parcel. Grantee hereby agrees, and all parties by virtue of their of use of the Easement shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless Grantor (and all of its members, officers, directors, employees, successors and assigns) from and against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether or not suit be broughtany or at trial court level or any appeals taken therefrom) arising from, growing out of or connecting in any way with failure of Grantor to maintain or insure the Easement Parcel or the Grantee'srights under this Agreement. Grantee shall, at all times, secure and keep in exercise of g g force, at Grantee's sole cost and expense, comprehensive liabilitY insurance for bodily injury,, personal injury or death and insurance for damage to any property, which policy(ies) name Grantor as an additional insured. 11. Enforcement. The provisions of this Agreement may. be enforced by all appropriate actions at law and in equity by Grantor and/or the respective fee owners, with the prevailing party in any such actions will reimbursement of reasonable attorneys' fees and costs theState of Florida shall govern the interpretation, at all appellate levels. The laws of Yp , incurred pp validity, performance,lidit and enforcements of this Agreement, and venue for any action brought g under this Agreement shall be in Miami-Dade County, Florida. 12. Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. The terms of this Agreement shall not be more strictly construed against any one of the parties hereto as a result of theart who drafted same. In constructing this Agreement, the singular shall be held to include p Y the plural, the plural shall be held to include the singular, and reference to any particular gender shall be held to include every other and all genders. tobe given hereunder shall be in . Anyand all notices required or desired 13. Notices q duly given when delivered byhand or three (3) business days writing and shall be deemed to bed y Y after deposit in the United States Mail, by registered or certified mail, return receipt requested, postage pre-paid, and addressed to the applicable party to the address for such party set forth at the top Agreement this A reement (or to such other address as either party shall herea - __.-- ify to the U in writing). MY other CLERK if . Page 3 of 7 9J.-vgOGoo wannar F Fcou • 14. Severability. In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid and unenforceable, the remainder of this Agreement shall be in full force and effect and be enforceable to the fullest extent permitted by law. 15. Amendments. No modification or amendment shall be effective unless in writing, g signed by the parties hereto, and recorded in the Public Records of Miami-Dade County, Florida. 16. Covenant running with the land. This Agreement shall constitute a covenant running with the land and will be recorded in the Public Records of Miami Dade County, Florida. This Agreement shall remain in full force and effect and be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. This Agreement shall terminate automatically upon the issuance by Grantee of a Certificate of Occupancy or the closure of all construction permits for the Pedestrian Bridge. 17. Entire Agreement. This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supercedes all prior agreements, understandings and arrangements, both oral and written, between the parties with respect thereto. [The remainder of this page has been left blank; signature and notary pages to follow] C Qp CLEROUK 'VG GoowitRusr Page 4 of 7 �41)FCOU � IN WITNESS WHEREOF, Grantor has executed this Temporary Construction Easement Agreement as of the day and year first above written. GRANTOR: WINSTON TOWERS 600 CONDOMINIUM ASSOCIATION,INC. ' k" By: /f e -- 14-4111t/gj 60Z.-i32 6 Title: 1�5 g clic,- , _ Witness: a _.,..e..f2..„__..t cu_174.....„...., Print Name c-(-6 AJ 1L yid A---C-4-42__________ /,' , r v Print Name: 1�k NCS I yr 11S- STATE OF FLORIDA . ) • )ss. COUNTY OF MIAMI-DADE) • he foregoing Agreement was acknowledged before me this-O day of -10v-,-°- ,2019, by 'T) `' C,\s I`�.,t 'Lp , as President of Winston Towers 600 Condominium Association, Inc., a Floricra not-for-profit corporation, on behalf of said corporation. He personally appeared before me and [• is personally known to me or [ ] has produced as identification. NOTORIAL SEAL Notary: " ci--- "---2,,St- Print Name: 1,4 syn . ..A/2,4:1-),..- . 7ARA"TE NotaryPublic ii%"--,.. ' of Florida , State of Florida �� 1' My Commission Expires: rt/���Z L :koFF.9F.: My Bonded througn\ . . . �1..ee....dpAI, ss�A VS) 4 MONICA,g."e bo`••.• MONICA ZARANTE ,1 CLERK 61 • , `,fir Notary Public-State of Florida 4 y�< Commission n GG 182841 -�:r cA 4 •••'For,. My Comm,Expires Feb 20.2022 F ••••••"Bondeti through National NotaryAssn. ! R ,... l` hti Soso �o f COU1 Page 5 of 7 IN WITNESS WHEREOF, Grantee has executed this Temporary Construction Easement Agreement as of the day and year first above written. GRANTEE: THE CI I SUNNY ISLES BEACH By: Title: Witness: puk tti6 e----- Print Name • ' Pr+A- ' '44.3,:4—) Print Name: r- U Z. / STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE) • The oregoing Agreement was acknowledged before me t 's 1-4 day of liaC , 2019,• byLtCO if. S '(4ot. , in Opher capacity as Ar personally appeared Q Cityof SunnyIsles Beach. He/she ti � of The p Y pp before me and [I is personally known to me or [ ] has produced N(it as identification. NOTORIAL SEAL ► { } 1 i I W►,illl ' -/. , , Notary: " 7ANCUR _ � ',- i,„MAURICIO BE QAUD 7 ig ... L; Notary Public-State of Florida Print Name: facl a� Cil •` Commission SGG110119 Notary Public, State of Florida ;?4Fer My Comm.ExpiresMay31,2021 • My Commission Expires:ires: S 31 2-02-(L� •. ofr Bonded through NationalNotaryAssn. • CLERK e0e, CT 'r 'Pik i'. u' ,., ,QODwEIR l3T 0� m Page 6 of 7 'fDfCQ1ft7 Exhibit "A" LEGAL DESCRIPTION AND SKETCH OF THE EASEMENT PARCEL: untyCO aK 4 CLEco (, . tel' r- Page 7 of 7 7�t GoF 440EC000 • • • SKETCH AND LEGAL DESCRIPTION • 0 TEMPORARY CONSTRUCTION EASEMENT 0 10 20 • SCALE R=25.00' 1" = 20 P.O.B. A=36°58'06" 174th STREET L=16.13' N87°22.65'E ', ---R/W . .• SOUTHERLY RIGHT OF WAY LINE.OF . /7 I 74th STREET . NORTHERLY BOUNDARY UNE OF TRACT'A' (P.B. 1 13,PG.On 'n f'7 tY 12.00' 50.0' in 7 j N 10 WINSTON TOWERS 600 (P.B. 113,PG.81) TRACTy N87°04'15"W 28.00' < Q A -Q � <G w 0 3 1_Z, Z Q • ¢ ° >Z 0 h I . p Q ° l-u O '6-4— Q (I En .p z <t- 2>tCi Z 0 Lo p Or. 0 W O � Z r �u,5� U Q N h // S87004'15"E 40.00' 50.0' • 0 j N87 04 1 LEGEND: 5 W 50.00' P.O.C.=POINT OF COMMENCEMENTO • 0cou��y - o • C F.O.B.=POINT OF BEGINNING CvOO CLERK O P.B.=PLAT BOOK I-0— & ..i PG,=PAGE o '.` Q=CENTERLINE p ••'-•`. vr R=RADIUS � `` e L=ARC LENGTH a00w mST ' 46=DELTA/CENTRAL ANGLE ' �O 0FCOU „ " NOTICE:Thls document is not valid,toll and complete without all pages. EXHIBIT A . LONGITUDE SURVEYORS, LLC 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305) 463-0912 ' FAX: (305) 513-5680 ' WWW•LONGITUDESURVEYORS.COM JOB No.15296.1,00 PAGE 1 OF SKETCH AND LEGAL DESCRIPTION • TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of Tract "A" of"WINSTON TOWERS 600", according to the plat • thereof, as recorded in Plat Book 113, Page 81 of the public records of Miami-Dade County, Florida and being more particularly described as follows: BEGINNING at the northernmost point of curvature of the circular curve at the Northeast corner of said Tract "A"; thece southeasterly along said curve to the right, having a radius of 25.00 feet, and a point of intersectionwith a line central angle of 36°58'06", for an arc distance of 16.13 feet, to the g that is 12.00 feet west of andP arallel with the Easterly line of said Tract"A"; thence S 02°55'45" W along the previously described line, a distance of 46.35 feet;thence N 87°04'15" W, a distance of 28.00 feet;thence S 02°55'45" W, a distance of 60.00 feet; thence S 87°04'15" E, along the previously described line, a distance of 40.00 feet, to the point of intersection with the Easterly line of said Tract "A", said line also being the Westerly Right of Way line of State Road A-1-A(Collins Avenue); thence S 02°55'45" W along theP reviously described line, a distance of 10.00 feet; thence N 87°04'15" W, a distance of 50.00 feet; thence N 02°55'45" E a distance of 117.65 feet to the point of intersection with the Northerly line of said Tract "A", said line being the Southerly Right of Way line of 174th Street;thence N 87°17'35" E, along the previously described line, a distance of 22.65 feet,to the POINT OF BEGINNING. Containing 2,957 square feet, more or less. • • t :CLERft y � . cg ��o C�N[1'WJl � � FCOU EXHIBIT"A" NOTICE:This document Is not valid,full and complete without all pages. I LONGITUDE IGITUDE SUR VE Y 0 R S, L L C • 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305) 463-0912 • FAX: (305) 513-5680 • WWW•LONGITUDESURVEYORS.COM JOB No.15296.1.00 PAGE 2 OF 3 1 OR Bk 31494 • F'G 629 LAST PAGE SKETCH AND LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (/ 6 . xr ■ Jz0 isi _, O U W• � 0 175TH TE O SUBJECT EASEMENT - 1111111 174TH ST 1 1111111 Nam0 • 174TH ST WINSTON TO600 P.B. 1.13,PG.WERS 81) El I- Z • ACT"A" > Q TR milQ () -I Z I- J 11111 -J •0 Q 0 LOCATION MAP SOURCES OF DATA: NOT TO SCALE I.Plat of'WINSTON TOWERS GOO',recorded in Plat Book I 1 3.at Page 81 of the Public Records of Miami-Dade County,Florida. Bearings as shown hereon are based upon the Easterly Boundary Line of Tract"A'of said Plat with an assumed bearing of 502°55'45"W.said line to be considered a well established and monumented line. EASEMENTS AND ENCUMBRANCES: • No information was provided as to the existence of any easements other that what appears on the underlying Plat of record.'Please refer to the Limitations item with respect to possible restrictions of record and utility services. LIMITATIONS: Since no other information were furnished other than what is cited in the Sources of Data,the client is hereby advised that there may be legal restrictions on the subject property that are not shown on the Sketch or contained within this report that may be found in the Public Records of Miami-Dade County.Florida or any other public and private entities as their Jurisdictions may:appear. ' This document does not represent a field boundary survey of the described property,or any part or parcel thereof. SURVEYOR'S-CERTIFICATE: I hereby certify:That this'Sketch to Accompany Legal Description'and the Surrey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge and belief and further,that said'Sketch to Accompany Legal Description'meets the intent of the applicable provisions of the'Minimum Technical P Standards for Land Surveying in the State of Florida".pursuant to Rule.5J.17.05 I through 5J-17.052 of the Florida Administrative Code and its implementing law,Chapter :.-.. 472.027 of the Florida 5' �st.rre .-•r:','atutj I.r L. (j,:,•. V L•C•. Florida: iteSTATE OF FLORIDA,COUNT OF DADS C Du LONGITUDE SUR tYOR ,l ..a Io.da L-imi�-.d..L abiht Company0 N _�, ,1 Y / !� l� Florida Certih to d�',4,9r`atryce Iiia h,4r.LEa ,3.5 'HEREBY CE,'IFY that this is a py of the J.tP c i Ci O -.C+ -y:9_ c, G 41.21.14701Ftli 6 = r mal -d n his office .n d of 'i,6y: i� ..I' Uri,' Date: 1 I 13 A D 20 / U _� NEduarbo M..,uakea,PSM, .` +'..i c. " .r Re istcred 5ut V or a o�Nu er �G30 ' ` W T :r hand and Of1i.,(I Seal. _ J±' Ae 9 j'Y, r , PP J_,13,t. z y o ,.• " 9 State of Flor:da;; ' '' .1 V/ V N, 1 ircu •rid C"• •u�r O 4 e n+ NOTICE: Not valid,without`life i nature,:end Original aised seal of o Florida Licensed Surve.or • f: :T�:t',, f/A__P_f!! - - F` li 0 9 Surveyorb b o erlhonihe signing party are prohibije-dwithoul_tj r;`writte i cS arise,t of the signing party. ,-,i,,'r• • �� 1 .320 ri rr NOTICE:This document Is not valid,full and complete without all pages. EXHIBIT A L rhNGITUDE S. U R V E Y O R S, L L c • 7715 NW 48TH STREET, SUITE 310, DORAL., FLORIDA.33166 • PHONE: (305) 463-0912 • FAX: (305) 513-5680 • WWW.LONGITUDESURVEYORS.COM JOB No.15296.1.00 PAGE 3 OF 3 s A. Settlement Statement U.S. Department of Housing and Urban Development -ir B.'lYpe of Loan OMB Approval No.2502-0265 1.0 FHA 2.0 FmHA 3.1g Conv.Unins. 6. File Number 7. Loan Number 8. Mortgage Insurance Case Number 4.0 VA 5.0 Conv.Ins. SIB-WINSTON TOW C.NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked"(p.o.c.)"were paid outside the closing;they are shown here for informational purposes and are not included in the totals. D.NAME OF BORROWER: • The City of Sunny Isles Beach ' .- ADDRESS OF BORROWER: o .Avie -,-,;'.!..:,;:::::'-"':•• 18070 Collins nue�'Sunny�Isles:Beach;;FTZ'3�3160':,1”:,�":;'� -' -. - E.NAME OF SELLER: Winston Towers 600 Condominium Association,Inc. ADDRESS OF SELLER: c%Eric Stein,ER., 1820 NE 163 St.Suite 101,North Miami Beach,FL 33162 F.NAME OF LENDER: NONE . ' . ADDRESS OF LENDER: .-,'' _ : G.PROPERTY Easements-Winston Towers 600 Condominium' LOCATION: Sunny Isles Beach,FL 33160 H.SETTLEMENT AGENT: HAROLD:)4.RIFAS''P:A', '• ..r;':,,r , :'.-•,,‘1.;::'r • : . . • .7900-RED;ROAD;SUITE 16,;SOUTH.MIAMi,FL 331;43',;.(305)662.8814.„ PLACE OF SETTLEMENT: 7ATE: 900 RED ROAD,SUITE 10,.SO.UTH.'MIAMI,FL 33.L43' J.SUMMARY OF BOR ROWER'S TRANSACTION K.SUMMARY OF SELLER'S TRANSAC'T'ION 100.GROSS AMOUNT DUE FROM BORROWER 400.GROSS AMOUNT DUE TO SELLER 101.Contract sales price 1,050.000.00 401,Contract sales price 1.050,000.00 102.Personal property 402.Personal property 103.Settlement charges to borrower(line 1400) 43.943.50 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106.City/town taxes to 406.City/town taxes to 107.County taxes to 407.County taxes to 108.Assessments to 408.Assessments to 109.NO TAX PRORATION to 409.NO TAX PRORATION to 110. to 410. to 111. to 411. to 112. to 412. to 120.GROSS AMOUNT DUE FROM BORROWER 1,093,943.50 420.GROSS AMOUNT DUE TO SELLER 1,050,000.00 200.AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500.REDUCTIONS IN AMOUNT DUE TO SELLER 201.Deposit or earnest money 501.Excess deposit(see instructions) 202.Principal amount of new loan(s) 502.Settlement charges to sellcr(linc 1400) 203.Existing loan(s)taken subject to 503.Existing loan(s)taken subject to 204. 504.Payoff of first mortgage loan 205. 505.Payoff of second mortgage loan 206.Principal amount of new loan(s) 506. 207. 507. 208. 508. . 209. 509. 209a 509a 209b 509b Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210.City/town taxes to 510.City/town taxes to 211.County taxes to 511.County taxes to 212.Assessments to 512.Assessments to 213. to 513. to 214. to 514. to 215. to 515. to 216. to 516. to 217. to 517. to 218. to 518. to 219. to 519. to 220.TOTAL AMOUNTS PAID 320.TOTAL REDUCTIONS IN BY OR IN BEHALF OF BORROWER AMOUNT DUE SELLER 300.CASH AT SETTLEMENT FROM/TO BORROWER 600.CASH AT SETTLEM ENT TO/FROM SELLER 301.Gross amount due from borrower(line 120) 1,093,943.50 601.Gross amount due to seller(line 420) 1,050,000.00 302.Less amounts paid by/for borrower(line 220) 602.Less reductions in amount due seller(line 520) 303.CASH ] From 0 To BORROWER 0. 1,093,943.50 603.CASH 1, l To 0 From SELLER 1,050,000.00 PAGE 1 • HU0.1(3 86)RESPA,HB 4305.2 COM Display System,lar.MAD 7634.553.Laser Geariled U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE 2 L. Settlement Charges 700. TOTALSALES/BROKER'S COM.based on price 1.050.000.00 0 %= Paid From Paid From Division of Commission(line 700)as follows: Borrower's Seller's 701. to Funds At Funds At 702. to Settlement Settlement 703. Commission paid at Settlement 704, to 800Items Payable In Connection With Loan 801. Loan Origination Fee % to 802. Loan Discount % to 803. Appraisal Fee to 804. CrediLReport to 805_ Lender's Inspection Fee to 806. Mortgage Insurance Application Fee to 807 to 808. to 809. to - 810. to 811. to 812- to 813. to 88114. to 815 to U. Items Required By Lender To Be Paid In Advance 901. Interest from 6/21/2019 to 7/1/2019 (@ /day 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for years to 904. years to 905 years to 000. Reserves Deposited With Lender 1001. Hazard insurance months per month 1002. Mortgage insurance months per month 1003. City property taxes months per month 1004. County property taxes months per month 1005. Annual assessments months per month 1006. months per month 1007. months per month 1008. months per month 1009. 1100. 'Title Charges 1101. Settlement or closing fee to 1102. Abstractor title search to 1103. Title examination to 1104. Title insurance hinder to 1105. Document preparation to 1106. Notary fees to 1107. Attorney's fees to Harold M Rifas,PA. _7.500.010 (includes above items numbers: 5;Ar!+'u 4'' ?� y;" 1108. Title insurance to Chicago Title Insurance Company 5,200.00 (includes above items numbers: , , itI ,.s, ` M4 -"" 1109. Lender's coverage:Risk Premium INS AMT: <""* tom W"" : ''K'. 1110. Owner's coverage:Risk Premium 5,200.00 INS AMT: 1.050.000.00z '+"..: ': ': * 41*'+ 1110a 1111. to 1112. to 1113. to 1200. Government Recording and Transfer Charges I t . , ,. . , II . • -t4.it • • _ 4• • • t 1202. City/county tax/stamps:Deed'$6 01 I 1,-Mdrtga• ) S-Mortgage(s) 6.300.00 1203. State tax/stam s:Deed ;L-Mortgage(s) :S-Mortgages) 1204. Record Four Easements Clerk of Court 218.50 129 Sitrta3 on F.aserpent Clerk of Court 4.725.00 3u80 AdditionalSettlement Charges 1301. Survey to 1302. Pest Inspection to 1303. Roof Inspection to 1304. Legal Fees to Eric P.Stein,RA 20.000.00 1305. to 1306. to 1307. to 1308. to _ 1309. to 1400. Total Set ement Charges (enter on lines 103,Section JC and T502,�SpectionK) O' 43,94350 I pave carefully viewed HUD-1 Settlement Statement and to the best of my knowledge belief,it'-a true and accurate statement of all receipts nd 6/21/2019 disbursements ade on m account or by me in this transaction. I further certify that I have received a'•._' of the HUD-1 ement Statement. The City of Su y s ch Wins..•••.ers 600 Condor' 'um Association,Inc. By: Borrower • /air, / dO) Seller George"Bud"Sc I,Mayor Sam'rr.ldberg,President Borrower Seller The HtJD-J Settlement Statement which I have prepared is true and accurate account of this transaction.I have caused the funds to be disbursed in accord- ance wit tis statement. •efi HAROLD M.RIFAS,P.A. 1 Settlement A nt 6/21/2019 Date WARNING• It is a crime to kno in I make false statements to the Unite states o Act or any other similar form. Penalties upon conviction can include a fine andTImprisonment.For details see: atle 18 U.S.Code Section 1001 and Section 101 . SIB-WINSTON TOW Closing Affidavit (Seller) Before me, the undersigned authority, personally appeared SAMUEL GOLBERG (the "Affiant"),who being by me first duly sworn or affirmed, on oath,deposes and says that: 1. WINSTON TOWERS 600 CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation(the"Seller"),is the owner of and is granting certain a certain permanent easement in and to the following described property to THE CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation organized under the laws of the State of Florida(the"Buyer"),to wit: See EXHIBIT"A"attached herein and incorporated herein(the"Real Property") 2. Affiant is the President of Seller's Board of Directors. 3. There have been no improvements,alterations,or repairs to the Real Property,the costs thereof remain unpaid,and,to Affiant's knowledge,there are no claims for labor or material furnished for repairing or improving the Real Property which remain unpaid. 4. Seller has not and will not execute or record any documents in the Public Records of Miami-Dade County,Florida which adversely affect title to the Real Property. 5. Neither Seller nor Affiant are the subject of any proceedings in bankruptcy,receivership or insolvency. 6. Seller understands that Section 1445 of the Internal Revenue Code provides that a buyer of a United 'States real property interest must withhold tax if the seller is a foreign person. To inform Buyer that withholding of tax is not required upon purchase of the easement in and to the above described property, Seller certifies the following: a. Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate for purposes of United States federal income taxation. Seller is not a disregarded entity. b. Seller's U.S.Taxpayer Identification Number is: 59-2136492. c. Seller's address is: 210 174th Street,Sunny Isles Beach,Florida 33160. Seller understands that Buyer intends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Tax Act (FIRPTA). Seller understands this certification may be disclosed to the Internal Revenue Service by Buyer and that any false statements contained in this certification may be punished by fine,imprisonment or both. Seller has the authority to sign this affidavit as either an individual or on behalf of an entity. Under penalties of perjury,Seller states that this declaration was carefully read and is true and correct. Closing Affidavit-Page 1 of 2 WT600/City of Sunny Isles Beach Under penalties of perjury, I declare that I have read the foregoing Affidavit,and that the facts stated in it are true. Or" k SAMUEL GOLBERG .00 State of Florida County of Miami-Dade The foregoing instrument was sworn/affirmed to and subscribed before me this day of June,2019, by SAMUEL GOLBERG,as the President of Winston Towers 600 Condominium Association,Inc.,a Florida not for profit corporation,who bells personally known to me or[ ] has produced as identification. ow..1,4,___ 42,k. [Notary Seal] Notary ublic Printed Name: c$yv{ (a..q.yt-ty� • o,�rY PV•".. MONICA 2ARANTE My Commission Expires: A Notary Public-State of Florida ` "- Commission a GG 182841 ��� t r' My Comm:Expires Feb 20,2022 °F r`: ''Bondatl through National Notary Assn. 244 Closing Affidavit-Page 2 of 2 WT600/City of Sunny Isles Beach MIAMI-DADE COUNTY CLERK OF COURTS COUNTY RECORDER 22 N.W. 1ST STREET MIAMI, FL 33128 REF: 305-662-8814 DATE:6/24/2019 TIME:12:46:23 PM RECEIPT: 6721859 HAROLD M. RIFAS, P.A. ACCOUNT #: 0 ITEM - 01 EASEMENT RECD:. 6/24/2019 12:46:23 PM FILE: 20190389532 BK/PG 0 31494/591 Recording Fees 86.50 COPIES 10.00 CERTIFICATION 2.00 DEED DOC 6,300.00 SURTAX 4,725.00 • Subtotal 11,123.50 ITEM - 02 EASEMENT RECD: 6/24/2019 12:46:23 PM FILE: 20190389533 BK/PG 0 31494/601 Recording Fees 78.00 COPIES 9.00 CERTIFICATION 2.00 ' DEED DOC 0.60 SURTAX 0.45 Subtotal 90.05 ITEM - 03 EASEMENT RECD: 6/24/2019 12:46:23 PM FILE: 20190389534 BK/PG 0 31494/610 Recording Fees 86.50 COPIES 10.00 CERTIFICATION 2.00 DEED DOC 0.60 SURTAX 0.45 Subtotal 99.55 ITEM - 04 EASEMENT RECD: 6/24/2019 12:46:23 PM FILE: 20190389535 BK/PG 0 31494/620 Recording Fees 86.50 COPIES 10.00 CERTIFICATION 2.00 DEED DOC 0.60 SURTAX 0.45 Subtotal 99.55 TOTAL DUE $11,412.65 PAID TOTAL $11,412.65 PAID CHECK $11,412.65 Check #2345: 11,243.50 Check #2346: 120.80 Check #2347: 48.35 REC BY: Sheria S Please verify transaction 8 amount before leaving. So"yY z$ .. .; City of Sunny isles Beach A --• ' ,- 18070 Collins Avenue - n 4i510,,:',-,1 Sunny Isles Beach, Florida 33160 •* ,':.,N may+, ''.4'e. iF ,QY r CityHall (305)947-0606 > f c`rr of sok'1' (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christo pher J Russo F R p tY Manager' 'Ci DATE: 6/20/2019 ResolutionRescinding Approval the A roval Granted in Resolution No. 2018-2890 and Approving a Sale and RE: Purchase Agreement and Related Easement Agreements for a Pedestrian Bridge on 174 Street and Collins Avenue RECOMMENDATION: This resolution is presented for your consideration. REASONS: Previously, the Mayor and City Commission adopted an initiative to make Collins Avenue safer for pedestrians. This initiative includes constructing several pedestrian bridges across Collins Avenue to - facilitate pedestrian mobility. To accomplish the objective, the City approved Resolution No. 2018-2890 to acquire a parcel of land located along Street which is owned byWinston Collins Avenue south of 174 Towers 600 Condominium Association, Inc. ("Winston Towers") as well as the easements rights necessary for the construction of the bridge, and for landscaping, sidewalk expansion and installation of utilities. Through Resolution Number 2018-2890, the Commission authorized the purchase of this land and related easements agreements in an amount of$1,050,000.00. Due to a change in the membership of the Winston Towers 600 Board r of Directors and President over the past few months, some clarifications and adjustments to the language of the agreement have 114