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Street and Collins Avenue, is hereby rescinded.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.
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eh, , ,
Ma .cio Bet; cur, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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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
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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
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O
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0
0 20 40 N / 7 V)
'(;'N ) <n •
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, 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
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, • TRACT j'A" .. .24" iti[e) C-.2) p-)•
P.I/ri) Z 0 LI). •
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LEGENa- —
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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
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Tij751HH___
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•
174TH ST •
IIWU
i
174TH ST WINSTON TO600
(P:B. 113,WERS PG. 81') Ell z
TRACT'`A" ,- ci MOM Q
___I
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—
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 '
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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,`
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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..
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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'
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50• •
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TRACT 4 '
N87°0415 W
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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
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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
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J
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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:
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4 CLEco (,
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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
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// S87004'15"E 40.00'
50.0'
•
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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
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L=ARC LENGTH a00w mST
' 46=DELTA/CENTRAL ANGLE ' �O
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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
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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
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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
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J 11111
-J
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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.
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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 -
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4i510,,:',-,1 Sunny Isles Beach, Florida 33160
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CityHall
(305)947-0606
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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