HomeMy WebLinkAboutAttachment C 600 WT EasementsHAROLD M. RIFAS
Claudia Hasbun, AICP
Planning and Zoning Director
City of Sunny Isles Beach
18070 Collins Avenue, 4" Floor
Sunny Isles Beach, FL 33160
Dear Claudia:
matter.
LAW OFFICES
HAROLD M. RIFAS, P.A.
7900 RED ROAD, SUITE 10
SOUTH MIAMI, FLORIDA 33143
July 19, 2019
Re: Sunny Isles Beach - Winston Towers 600
Enclosed please find the following original documents:
TELEPHONE (305) 662-8814
TELEFAX (305) 662-8825
1) Chicago Title Insurance Company Owner's Policy #7230609 217076915.
2) Easement Agreement for Landscape and Pedestrian Use filed 6/24/19 in O.R. Book
31494, Page 601.
3) Utility Easement Agreement filed 6/24/19 in O.R. Book 31494, page 610.
4) Permanent Easement Agreement filed 6/24/19 in O.R. Book 31494, Page 591.
5) Temporary Construction Easement Agreement filed 6/24/19 in O.R. Book 31494,
Page 620.
Please feel free to contact this office if you should have any questions regarding this
Very truly yours,
Xarold M. Rifas
911CAGO TITLE
INSURANCE COMPANY,
Policy No.: 5888-1-18-136-2019.7230609-217076915
OWNER'S POLICY OF TITLE INSURANCE
Issued by
CHICAGO TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement in writing required to be given to the Company under this
Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE
CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a Florida corporation, (the "Company") insures as of Date of Policy,
against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts
by electronic means authorized by law; or
(vii)a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice
of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of
the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in
the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown
in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws; or
7230609 ALTA Owners Policy 06/17/06 w -FL Mod 306 !!!!n•
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any "c
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 1 of 6
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the
Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this
Policy, but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly
authorized officers.
Countersigned:
By:
�� ,
Authorized Officer or Agent
Harold M. Rifas, P.A.
Harold M. Rifas, P.A.
7900 S Red Rd Ste 10
South Miami, FL 33143
Tel:305-662-8814
Fax:305-662-8815
CHICAGO TITLE INSURANCE COMPANY
By: pfmo,4 4°fw,t—^
Attest:
President
Secretary
7230609 ALTA Owners Policy 06/17/06 w -FL Mod -306 !""!
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 2 of 6
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a)"Amount of Insurance": The amount stated in Schedule
A, as may be increased or decreased by endorsement to this
policy, increased by Section 8(b), or decreased by Sections 10
and 11 of these Conditions. '
(b)"Date of Policy": The date designated as `Date of Policy"
in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d)"Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by
operation of law as distinguished from purchase, including
heirs, devisees, survivors, personal representatives, or next of
kin;
(B) successors to an Insured by dissolution,
merger, consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to
another kind of Entity;
(D) a grantee of an Insured under a deed
delivered without payment of actual valuable consideration
conveying the Title
(1)if the stock, shares, memberships, or other
equity interests of the grantee are wholly-owned by the named
Insured,
(2)if the grantee wholly owns the named Insured,
(3)if the grantee is wholly-owned by an affiliated
Entity of the named Insured, provided the affiliated Entity and
the named Insured are both wholly-owned by the same person
or Entity, or
(4)if the grantee is a trustee or beneficiary of a
trust created by a written instrument established by the
Insured named in Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving,
however, all rights and defenses as to any successor that the
Company would have had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or
damage.
(f) "Knowledge" or "Known": Actual knowledge, not
constructive knowledge or notice that may be imputed to an
Insured by reason of the Public Records or any other records
that impart constructive notice of matters affecting the Title.
(g)"Land": The land described in Schedule A, and affixed
improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the
area described in Schedule A, nor any right, title, interest,
estate, or easement in abutting streets, roads, avenues, alleys,
lanes, ways or waterways, but this does not modify or limit the
extent that a right of access to and from the Land is insured by
this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other
security instrument, including one evidenced by electronic
means authorized by law.
(i) "Public Records": Records established under state
statutes at Date of Policy for the purpose of imparting
constructive notice of matters relating to real property to
purchasers for value and without Knowledge. With respect to
Covered Risk 5(d), "Public Records" shall also include
environmental protection liens filed in the records of the clerk
of the United States District Court for the district where the
Land is located.
(j) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or
apparent matter that would permit a prospective purchaser or
lessee of the Title or lender on the Title to be released from the
obligation to purchase, lease, or lend if there is a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date
of Policy in favor of an Insured, but only so long as the Insured
retains an estate or interest in the Land, or holds an obligation
secured by a purchase money Mortgage given by a purchaser
from the Insured, or only so long as the Insured shall have
liability by reason of warranties in any transfer or conveyance
of the Title. This policy shall not continue in force in favor of
any purchaser from the Insured of either (i) an estate or
interest in the Land, or (ii) an obligation secured by a purchase
money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
CLAIMANT
The Insured shall notify the Company promptly in writing (i)
in case of any litigation as set forth in Section 5(a) of these
Conditions, (ii) in case Knowledge shall come to an Insured
hereunder of any claim of title or interest that is adverse to the
Title, as insured, and that might cause loss or damage for
which the Company may be liable by virtue of this policy, or
(iii) if the Title, as insured, is rejected as Unmarketable Title. If
the Company is prejudiced by the failure of the Insured
Claimant to provide prompt notice, the Company's liability to
the Insured Claimant under the policy shall be reduced to the
extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the
amount of loss or damage, the Company may, at its option,
require as a condition of payment that the Insured Claimant
furnish a signed proof of loss. The proof of loss must describe
the defect, lien, encumbrance, or other matter insured against
by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the
amount of the loss or damage.
S. DEFENSE AND PROSECUTION OF ACTIONS
(a)Upon written request by the Insured, and subject to the
options contained in Section 7 of these Conditions, the
Company, at its own cost and without unreasonable delay,
shall provide for the defense of an Insured in litigation in which
any third party asserts a claim covered by this policy adverse
to the Insured. This obligation is limited to only those stated
causes of action alleging matters insured against by this policy.
The Company shall have the right to select counsel of its choice
(subject to the right of the Insured to object for reasonable
cause) to represent the Insured as to those stated causes of
action. It shall not be liable for and will not pay the fees of any
other counsel. The Company will not pay any fees, costs, or
expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by this
policy.
(b)The Company shall have the right, in addition to the
options contained in Section 7 of these Conditions, at its own
cost, to institute and prosecute any action or proceeding or to
7230609 ALTA Owners Policy 06/17/06 w -FL Mod 306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 4 of 6
do any other act that in its opinion may be necessary or
desirable to establish the Title, as insured, or to prevent or
reduce loss or damage to the Insured. The Company may take
any appropriate action under the terms of this policy, whether
or not it shall be liable to the Insured. The exercise of these
rights shall not be an admission of liability or waiver of any
provision of this policy. If the Company exercises its rights
under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a
defense as required or permitted by this policy, the Company
may pursue the litigation to a final determination by a court of
competent jurisdiction, and it expressly reserves the right, in
its sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a)In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action
or proceeding and any appeals, the Insured shall secure to the
Company the right to so prosecute or provide defense in the
action or proceeding, including the right to use, at its option,
the name of the Insured for this purpose. Whenever requested
by the Company, the Insured, at the Company's expense, shall
give the Company all reasonable aid (i) in securing evidence,
obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful
act that in the opinion of the Company may be necessary or
desirable to establish the Title, or any other matter as insured.
If the Company is prejudiced by the failure of the Insured to
furnish the required cooperation, the Company's obligations to
the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
cooperation.
(b)The Company may reasonably require the Insured
Claimant to submit to examination under oath by any
authorized representative of the Company and to produce for
examination, inspection, and copying, at such reasonable times
and places as may be designated by the authorized
representative of the Company, all records, in whatever
medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e-mails, disks, tapes,
and videos whether bearing a date before or after Date of
Policy, that reasonably pertain to the loss or damage. Further,
if requested by any authorized representative of the Company,
the Insured Claimant shall grant its permission, in writing, for
any authorized representative of the Company to examine,
inspect, and copy all of these records in the custody or control
of a third party that reasonably pertain to the loss or damage.
All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section
shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration
of the claim. Failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested
information, or grant permission to secure reasonably
necessary information from third parties as required in this
subsection, unless prohibited by law or governmental
regulation, shall terminate any liability of the Company under
this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have
the following additional options:
(a)To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance
under this policy together with any costs, attorneys' fees, and
expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of payment or
tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all
liability and obligations of the Company to the Insured under
this policy, other than to make the payment required in this
subsection, shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Insured or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in
the name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any costs,
attorneys' fees, and expenses incurred by the Insured Claimant
that were authorized by the Company up to the time of
payment and that the Company is obligated to pay; or
(ii)To pay or otherwise settle with the Insured Claimant
the loss or damage provided for under this policy, together
with any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up to
the time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed loss
or damage, other than the payments required to be made,
shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the Insured
Claimant who has suffered loss or damage by reason of
matters insured against by this policy.
(a)The extent of liability of the Company for loss or damage
under this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii)the difference between the value of the Title as
insured and the value of the Title subject to the risk insured
against by this policy.
(b)If the Company pursues its rights under Section 5 of
these Conditions and is unsuccessful in establishing the Title,
as insured,
(i) the Amount of Insurance shall be increased by
10%, and
(ii)the Insured Claimant shall have the right to have the
loss or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled and
paid.
(c) In addition to the extent of liability under (a) and (b),
the Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of these
Conditions.
9. LIMITATION OF LIABILITY
(a)If the Company establishes the Title, or removes the
alleged defect, lien or encumbrance, or cures the lack of a right
of access to or from the Land, or cures the claim of
Unmarketable Title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion
of any appeals, it shall have fully performed its obligations with
respect to that matter and shall not be liable for any loss or
damage caused to the Insured.
7230609 ALTA Owners Policy 06/17/06 w -FL Mod 306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 5 of 6
(b)In the event of any litigation, including litigation by the
Company or with the Company's consent, the Company shall
have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals, adverse to the Title, as insured.
(c)The Company shall not be liable for loss or damage to
the Insured for liability voluntarily assumed by the Insured in
settling any claim or suit without the prior written consent of
the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY
All payments under this policy, except payments made for
costs, attorneys' fees, and expenses, shall reduce the Amount
of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount
the Company pays under any policy insuring a Mortgage to
which exception is taken in Schedule B or to which the Insured
has agreed, assumed, or taken subject, or which is executed
by an Insured after Date of Policy and which is a charge or lien
on the Title, and the amount so paid shall be deemed a
payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been
definitely fixed in accordance with these Conditions, the
payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR
SETTLEMENT
(a)Whenever the Company shall have settled and paid a
claim under this policy, it shall be subrogated and entitled to
the rights of the Insured Claimant in the Title and all other
rights and remedies in respect to the claim that the Insured
Claimant has against any person or property, to the extent of
the amount of any loss, costs, attorneys' fees, and expenses
paid by the Company. If requested by the Company, the
Insured Claimant shall execute documents to evidence the
transfer to the Company of these rights and remedies. The
Insured Claimant shall permit the Company to sue,
compromise, or settle in the name of the Insured Claimant and
to use the name of the Insured Claimant in any transaction or
litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the
loss of the Insured Claimant, the Company shall defer the
exercise of its right to recover until after the Insured Claimant
shall have recovered its loss.
(b)The Company's right of subrogation includes the rights of
the Insured to indemnities, guaranties, other policies of
insurance, or bonds, notwithstanding any terms or conditions
contained in those instruments that address subrogation rights.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to
the Title Insurance Arbitration Rules of the American
Arbitration Association may be demanded if agreed to by both
the Company and the Insured at the time of a controversy or
claim. Arbitrable matters may include, but are not limited to,
any controversy or claim between the Company and the
Insured arising out of or relating to this policy, and service of
the Company in connection with its issuance or the breach of a
policy provision or other obligation. Arbitration pursuant to this
policy and under the Rules in effect on the date the demand for
arbitration is made or, at the option of the Insured, the Rules
in effect at Date of Policy shall be binding upon the parties. The
award may include attorneys' fees only if the laws of the state
in which the Land is located permit a court to award attorneys'
fees to a prevailing party. Judgment upon the award rendered
by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration
under the Title Insurance Arbitration Rules. A copy of the Rules
may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY
ENTIRE CONTRACT
(a)This policy together with all endorsements, if any,
attached to it by the Company is the entire policy and contract
between the Insured and the Company. In interpreting any
provision of this policy, this policy shall be construed as a
whole.
(b)Any claim of loss or damage that arises out of the status
of the Title or by any action asserting such claim shall be
restricted to this policy.
(c)Any amendment of or endorsement to this policy must
be in writing and authenticated by an authorized person, or
expressly incorporated by Schedule A of this policy.
(d)Each endorsement to this policy issued at any time is
made a part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it does
not (i) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (iii) extend the Date of Policy,
or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part,
is held invalid or unenforceable under applicable law, the policy
shall be deemed not to include that provision or such part held
to be invalid, but all other provisions shall remain in full force
and effect.
17. CHOICE OF LAW; FORUM
(a)Choice of Law: The Insured acknowledges the Company
has underwritten the risks covered by this policy and
determined the premium charged therefor in reliance upon the
law affecting interests in real property and applicable to the
interpretation, rights, remedies, or enforcement of policies of
title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of
the jurisdiction where the Land is located to determine the
validity of claims against the Title that are adverse to the
Insured and to interpret and enforce the terms of this policy. In
neither case shall the court or arbitrator apply its conflicts of
law principles to determine the applicable law.
(b)Choice of Forum: Any litigation or other proceeding
brought by the Insured against the Company must be filed only
in a state or federal court within the United States of America
or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in
writing required to be given to the Company under this policy
must be given to the Company at CHICAGO TITLE INSURANCE
COMPANY, Attn: Claims Department, P.O. Box 45023,
Jacksonville, FL 32232-5023.
7230609 ALTA Owners Policy 06/17/06 w -FL Mod _306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 6 of 6
CHICAGO TITLE
INSURANCE COMPANY
SCHEDULE A
Name and Address of Title Insurance Company:
Chicago Title Insurance Company, P.O. Box 45023, Jacksonville, Florida 32232-5023
FileNo.: SIB - #18-136
Policy No.: 7230609-217076915
Address Reference:
(For information only)
Winston Towers 600 Condominium, Sunny Isles Beach, Florida
Dateof Policy: 06/24/19 12: 46.23 p.m.
Amount of Insurance: $1 , 050 , 000 . 00
Premium:
1. Name of Insured:
The City of Sunny Isles Beach, Florida, a Florida municipal
corporation
2. The estate or interest in the Land that is insured by this policy is: Fee Simple
3. Title is vested in:
The City of Sunny Isles Beach, Florida, a Florida municipal
corporation, by virtue of those certain easements referred to in
Schedule B, #14 and #15 herein.
4. The Land referred to in this policy is described as follows:
See Legal Description attached "Exhibit A"
THE TELEPHONE NUMBER TO PRESENT INQUIRIES OR OBTAIN INFORMATION ABOUT COVERAGE AND TO
PROVIDE ASSISTANCE IS 1-800-669-7450.
ALTA Owner's Policy (6/17/06)
2730609 THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED (with Florida Modifications
(06/13 DisplaySof125-WIN-FL-OWNA.06)
CHICAGO TITLE
INSURANCE COMPANY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by
reason of:
1. Taxes and assessments for the year 2 019 and subsequent years.
2. Easements, claims of easements, boundary line disputes, overlaps, encroachments or other matters not shown by the
public records which would be disclosed by an accurate survey of the land.
3. Rights or claims of parties in possession not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5. Taxes or assessments which are not shown as existing liens in the public records.
6. Any claim that any portion of the insured land is sovereign lands of the State of Florida, including submerged, filled or
artificially exposed lands accreted to such land.
7. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service
charges for service by any water; sewer or gas system supplying the insured land.
8) All the covenants, conditions, restrictions, easements and
possible liens, terms and other provisions of Declaration of
Condominium of Winston Towers 600 Condominium and Exhibits thereto,
recorded January 25, 1982, in O.R. Book 11332, Page 2016; as amended
in O.R. Book 16230, Page 1912, O.R. book 165766, Page 1592, O.R. book
28256, Page 4215 and O.R. Book 30756, page 3078, but omitting any
covenants or restrictions, if any, based upon race, color, religion,
sex, sexual orientation, familial status, marital status,
disability,handicap, national origin, ancestry or source of income,
as set forth in applicable state or federal laws, except to the
extent that said covenant or restriction is permitted by applicable
law; and also not limited to one or more of the following:
provisions for private charges or assessments; liens for liquidated
damages; and/or option, right of first refusal or prior approval of a
future purchaser or occupant.
9) Terms and provisions set forth in Authorization for Disposal Well
use recorded September 4, 1981, in O.R. Book 11211, Page 840.
10) Terms and conditions set forth in Bulk Rate Agreement for Cable
Television Service recorded November 7, 1990, in O.R.book 14774, page
1235.
11) Terms and conditions set forth in Bulk Rate Agreement for Cable
Television Service recorded December 2, 1993, in O.R. Book 16153,
page 1032.
See Continuation Sheet
2730609 ALTA Owner's Policy 6/17/06)
(With Florida Modifications)
(10/12 DisplaySoR 25-WIN-FL-OWNB-06)
ADDED PAGE
Schedule B
EXCEPTIONS (Continued)
File Number: SIB - #18-136
12) Terms and conditions set forth in PCS Site Cerement dated
November 2, 11998, between Sprint Spectrum LP, a Delaware Limited
Partnership and Winston Towers 600 Condominium Association, Inc., as
memorialized by Memorandum of PCS Site Agreement recorded November
181 1998, in O.R. Book 18355, Page 4931.
13) Terms and conditions set forth in Easement Agreement by and
between City of Sunny Isles Beach, Florida, and Winston Towers 600
Condominium Association, recorded July 12, 2010, in O.R. Book 27348,
Page 3094.
14) Terms, conditions and provisions set forth in Permanent Easement
Agreement executed by and between Winston Towers 600 Condominium
Association, Inc.,a Florida not-for-profit corporation, grantor, for
the benefit of The City of Sunny Isles Beach, a Florida municipal
corporation, grantee dated June 21, 2019, filed for record on June
24, 2019, in O.R. Book 31494, Page 591 - 600. (Parcel 1)
15) Terms, provisions and conditions set froth in Easement Agreement
for Landscape and Pedestrian Use executed by and between Winston
Towers 600 Condominium Association, Inc.,a Florida not -to -profit
corporation, grantor, for the benefit of The City of Sunny Isles
Beach, a Florida municipal corporation, grantee, dated June 21, 2019,
filed for record on June 24, 2019, in O.R. Book 31494, Page 601-609.
(Parcel 2)
16) Any lien provided by County Ordinance or by chapter 159, Florida
Statutes, in favor an any city, town, village or port authority for
unpaid service charges for service by any water, sewer, or gas system
supplying the insured land.
Note: For reference purposes only: Utility Easement Agreement has
been filed on June 24, 2019, in O.R.Book 31494, Page 610; and a
Temporary Construction Easement Agreement has been filed on June 24,
2019, in O.R. Book 31494, Page 620. These items are not insured
under the terms of this policy.
Note: All recording references in this form shall refer to the
Public Records of Miami -Dade County, Florida, unless otherwise noted.
(02/11 DisplaySoft 25-WIN-FL-OWNR-06CON)
EXHIBIT "A"
Parcel 1:
Perpetual, Non -Exclusive Permanent Easement Agreement executed by and between Winston
Towers 600 Condominium Association, Inc., a Florida not-for-profit corporation, grantor, for the
benefit ofI� City of Sunny Isles Beach, a Florida municipal corporation, grantee, dated ai / and
recordedo 2 in Official Records Bool<j� Page 01., of the Public Records of Miami -Da e
County, F or da, granting an easement over, under and across the following property, to wit:
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 e 81, of the Public Records of Miami -Dade County, Florida
Page
and being more particularly described as follows:
Commence at the southernmost point of curvature of the circular curve at the Northeast corner of
said Tract "A thence S 02°55'45" W along the Easterly line of Tract "A", said line also being the
Westerly line of Florida State Road A -1-A, a distance of 25.00 feet to the Point of Beginning;
thence continue S 02155'45" W along said Easterly line of Tract "A", a distance of 60.00 feet-,
thence N 87004'15" W a distance of 40.00 feet, thence N 02055'45" E a distance of 60.00 feet,
thence S 87004'15" E a distance of 40.00 feet to the Point of Beginning.
Parcel 2:
Perpetual, Non -Exclusive Easement Agreement for Landscape and Pedestrian Use executed by and
between Winston Towers 600 Condominium Association, Inc., a Florida not-for-profit corporation,
grantor forthe benefit of Th ity of Sunny Isles Beach, a F orida municipal corporation, grantee,
dated l-�and recorded ri Official Records Bool<,3 , Page 601, of the Public Records of
Miami-'D�ide County, Florid , r'anting an easement over, under and across the following property,Cr
to wit:
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:
Commence at the southernmost point of curvature of the circular curve at the Northeast corner of
said Tract "A"; thence S 02055'45" W' along the Easterly line of Tract "A", said line also being the
Westerly line of, Florida State Road A -1-A, a distance of 85.00 feet to the Point of Beginning;
thence continue S 02055'45" W along said Easterly line of Tract "A", a distance of 299.40 feet to
the Southeast corner of said Tract "A"; thence S 87117'35" W, along the southerly line of said Tract
"A", a,'idistance of 11 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 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 westerly from said Point of Beginning and being perpendicular to
said Easterly line of Tract "A"; thence S 87004'15" E, along the previously described line, a distance
of 11 feet, more or less, to the Point of Beginning.
This instrument prepared by,
And after recording should be returned to:
Hans Ottinot, City Attorney
City of Sunny Isles Beach
18070 Collins Ave
Sunny Isles Beach, FL 33160
OR BK 31494 Pss 620-629 t10119si
RECORDED 0k6r'24/2019 12,46,",23
SURTAX T--0.45
HARVEY RUMP CLERK OF COURT
NT.ArlI.-DADE C17UNTY 7 F"L.C)EiII)A
(Space Reserved for Clerk of Court)
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EAYMENT AGREEMENT (the
"Agreement") is made and entered into as of ��� day of tjnJE 12019, by and between
Winston Towers 600 Condominium Association, Inc., a Florida not for profit corporation
("Grantor"), having an address of c/o Management Office, 210 174"' 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 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 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.
Page 1 of 7
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 PropertL. Upon completion of any work for the installation of the
Pedestrian Bridge, Grantee and its agents shall, at Grantee's sole cost and expense, be
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 Bridge without
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 maintaining the
Easement Parcel during the 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 during the construction activities. To the extent possible, Grantee
shall remedy any complaints filed by Grantor regarding rodent and vermin
infestation.
8. 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.
Page 2 of 7
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 inconsistent with the uses
permitted herein.
10. 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, 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
brought or at any 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
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.
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
incurred at all 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.
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
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.
13. 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).
Page 3 of 7
IN WITNESS WHEREOF, Grantor has executed this Temporary Construction
Easement Agreement as of the day and year first above written.
Witness:
f
Print Name g'x)r 1c 02y
Print Name: 4(f )ycf 1 S
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
GRANTOR:
WINSTON TOWERS 600
CONDOMINIUM ASSOCIATION, INC.
Title:�7��
The foregoing Agreeme t was acknowledged before me this day of , 2019,
by • �)V'�' 6AA -� '1- , as President of Winston Towers 600 Condominium
Association, Inc., a Flori a not-for-profit corporation, on behalf of said corporation. He
personally appeared before me and [ >q is personally known to me or [ ] has produced
as identification.
{ NOTORIAL SEAL}
;c 'ARA
of
of Florida
Bonded througn N.. .
• `�
MONICA ZARANTE
Notary Public - State of Florida
�c�;
2841
COMMIssioComm, tires
M 0, 2022
y Q Feb
_bonded Ithrough National Notary Assn.
II r
C
Notary:"
Print Name: 1-n _-�-A a4l-ti, T Q
Notary Public, State of Flo:�4
i
My Commission Expires:
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 SUNNY ISLES BEACH
By:
Title: q4y6r2!:__Witness:
Print Name PyiA-
Print Name:
F
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
The oregoing A reement was acknowledged before me t 'slay of Un(E , 2019,
byAScot- in hi /her capacity as
a2 , of The City of Sunny Isles Beach. He/she personally appeared
before me and [ ] is personally known to me or [ ] has produced N as
identification. n A
{NOTORIAL SEAL }
Notary:
Print No
Notary Public, State of Florida
My Commission Expires: 5 3l Za2l
Page 6 of 7
";;'p�.,
os �'_
MAURICIOBETANCUR
Notary Public - State of Florida
;'_ ,
. * • :
Commission o GG 110119
'.u�v�• AP `
F'••.`„ofr1''
My Comm. Expires May 31, 2021
Bonded through National NotaryAssr..
Notary:
Print No
Notary Public, State of Florida
My Commission Expires: 5 3l Za2l
Page 6 of 7
Exhibit "A"
LEGAL DESCRIPTION AND SKETCH
OF THE EASEMENT PARCEL:
Page 7 of 7
This instrument prepared by,
And after recording should be returned to:
Harold M. Rifas, Esq.
Harold M. Rifas, P.A.
7900 Red Road, Suite 10
South Miami, Florida 33143
OR BK 31494 P9s 601-609 M'sjs)
I:E:C ORDE D 06/24/201.9 1.2.4.6.2
DEE'[: DOC: TAX $0.60
SURTAX $0. 45
HARVEY RUMP CLE'E'K UE COURT
111ANI--I)ADE COUNTYr ELUhIF)A
(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
Zi- day of lids- s 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, 210-174 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 c/o 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 terns 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 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
Page 1 of 6
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
landscaped pedestrian 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 any and all liabilities, damages, claims, costs or
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 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 action shall be entitled to
reimbursement of reasonable attorneys' fees and costs incurred at all trial and appellate levels.
Page 2 of 6
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
the benefit of the parties hereto and their respective heirs, successors, and assigns unless
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.]
Page 3 of 6
IN WITNESS WHEREOF, Grantor has executed this Easement Agreement as of
the day and year first above written.
Witness:
Print Name���
Print Name: ge
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
GRANTOR:
WINSTON TOWERS 600
CONDOMINIUM ASSOCA3)DN, INC.
Title �
by 5hr�ego' g Agr�e�n�nt was acknowledged before me thisday of v , 2019,
,� \ (, 'as President of Winston Towers 600 Condominium
Association, Inc., a Flonda not -4o ' -profit corporation, on behalf of said corporation and limited
partnership. He personally appeared before me and is personally known to me.
{ NOTARIAL SEAL }
Notary:C-w-
Print Name:
P" Notary MONICA State of Florida Notary Public, State of Florida
PublicMy Commission Expires:
%, a) Commission 4 GG 18284'
My Comm. Expires Feb 20, 2022
^ded through National Notary Assn.
Page 4 of 6
IN WITNESS WHEREOF, Grantee has executed this Easement Agreement for Landscaping as
of the day and year first above written.
Witness:
Print Name NkLyQb A � aid^•
4-44---
Print
Name: _44 Z �_ e -
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
GRANTEE:
THE
By:
SUNNY ISLES BEACH
Title: .
G0
.fou
The foregoing Agreement was acknowledged before me this V day of + %Jt- , 2019,
by6rrJ M6 -�. 5 ,,� in is er capacity as
pQ- of The City of Sunny Isles Beach:geyshe ersonally appeared
before me and [ is personally known to me or [ ] has produced �� as
identification. n
{ NOTARIAL SEAL }
MAURICIO BETANCUR
Notary Public - State of Florida
+ Commission K GG 110119
o` My Comm. Expires May 31, 2021
`oF F °P' Bonded through Naticral NetaryAssn.
Notary:
Print Name: UVkr
Notary Public, State of Florida
My Commission Expires:
Page 5 of 6
"9-
t ► "zl
Exhibit "A"
LEGAL DESCRIPTION AND SKETCH OF
THE EASEMENT PARCEL:
Page 6 of 6
I
SKETCH AND LEGAL DESCRIPTION
LANDSCAPE EASEMENT
u5 5°
SCALE
1 = 50
LEGEND:
P.O.C. = POINT OF COMMENCEMENT
P.O.E. = POINT OF BEGINNING
P B. = PLAT BOOK
PG. = PAGE
SEC. = SECTION
P.O.T. = POINT OF TERMINATION
full
N87017'35"E
50UTHEP.LY RIGHT OF WAY LIME OF
174th 5TP.EET Fp.o.G`.
410PTHEP.LY. K)UNDAPY LINE OFTPArT "A°
(P,15, 1 1 9. PG. 81). --50
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DELTA=095°38'10" �n
T=27.59
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S87004'15"E
11.00' PA.B.
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EXHIBIT "A"
NGl 1 V D G 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 1 OF 3
SKETCH AND LEGAL DESCRIPTION
LANDSCAPE EASEMENT
A parcel of land being a portion of Tract "A" of "WIN5TON TOWER5 GOO", according to the plat
thereof, asrecorded in Plat Pook 1 13. Page 8 I of the public records of Miami -Dade County. Florida
and being more particularly described as foliow5:
COMMENCE at the 5outhernmo5t point of curvature of the circular curve at the Northea5t corner of
said Tract "A"; thence 5 02°55'45" W along the Easterly Ilne.of Tract "A", Said line also being the
Westerly line of Florida 5tate RoadA- I -A, a dl5tance of 85.00 feet to the POINT Of BEGINNING;
thence continue 5 02'55'46'W along Said Easterly line of Tract "A", a distance of 299.40 feet to
the 5outhea5t Corner of Said Tract "A"; thence 5 87° 1735" W, along the Southerly line of Said Tract
"A", a distance of I I feet, more or less, to the point of inter5ectlon with the 5outherlyexten51on 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 1655, to the point of
intersection with a line projected westerly from Said POINT Of BEGINNING and being perpendicular to
Said Easterly line of Tract "A"; thence 557'04'1 5" E, along the previously de5crlbed line, a distance of
I I feet, more or less, to the POINT OF BEGINNING.
Containing 3,299 square feet, more or less.
is not valid, full and complete without all pages. EXHIBIT "A"
L )NG ITUD E S U R V E Y O R S, i L c
7715' NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 * PHONE: (30'5) 463-0912 * FAX: (305) 513-5680 " WWW.LONGITUDESURVEYORS.COM
JOB No. 15296.1.00 PAGE 2 OF 3
OR BRA 3:1.4-94 PG 609
1_- A .''-r -T PAGE
SKETCH AND LEGAL DESCRIPTION
LANDSCAPE EASEMENT
� Q
z
J .,.r'
U W
1 I I 175 N E 1 O
174TH ST U
174TH ST WINSTON TOWERS 600
(P.B. 113, PG. 81) ❑ z
TRAGI "A" Q Q
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SUBJECT
T 0 Q
A IEIIIINU
SOURCE5 OF DATA:
LOCATION MAP
NOT TO SCALE
Plat of "WI145TON TOWEP5 000", recorded in Plat, Book 1 13, at Page 81 of the Public P.ecords of Miami -Dade County, Florida.
r -i
Bearings as shown hereon are based upon the Easterly Boundary Line of Tract "A" of said Plat with an assumed bearing of 502'55'45W, said line to be considered a well
established and'monumented line.
EASEMENTS AND 'ENCUM13 ANCE5:
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 arid utility services.
LIMITATION5:
5ince 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;lurisdictrons may appear.
This document does riot represent field boundary survey of the described property, or any part or parcel thereof.
5URVEYOR-9 CERTIFICATE:
I hereby certify: That this `51:etch to Accompany Legal Description" and the 5urvey Map resulting therefrom was performed under my direction and is true arid 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
5tandards for Land Surveying in the 5tate of Florida", pursuant to We 5.1-17.051 through 5J-17.052 of the Florida Administrative Code and its implementing law, Chapter
472;027 of the Florida 5tatutes.
Florida
fay:
a Florida LI ited Liability Company
3tion f)Gmber' B7335
Registered Surveyor and Mapper L5G3 13
state of Plonda ,
NOTICE: Not valid wflhoul the signature
signing party are prohibited Wthout the o
Date: hL 1
raised seal of a Florida Licensed Surveyor and Mapper, Additions or deletions to Survey Maps by,other than the
1 of the signing parly.
NOTICE: This document is notvalid, full and complete without all pages.
jYNV' 1 UDE S U R V E Y O R S, Lac
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 * PHONE: (305) 463-0912 * FAX: (305) 513-5680
EXHIBIT "A"
" WWW.LONGITUDESURVEYORS.COM
JOB No. 15296.1.00 PAGE 3 OF 3
SKETCH AND LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
%J
0 10 20
■
1 SCALE
174th STREET
RW
T5:7T'n' RIGHT OF WAY LINF. OP
174th5TREET
NORTHERLY BOUNDARY UNE OF 7ACT
113, PG. 61)
WINSTON TOWERS 600
(P,B, 113, PG, 81)
TRACT "A°
co
`O
LU
0
a
z
P.O.B.
N87017'3
:1
S87004'15"E 40,00'
R=25,00'
A=36058'06"
L=16.13'
50,
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50.00'
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P.O,C. = POINT OF COMMENCEMENT
zr)O
P.O.B. = POINT OF BEGINNINGO
P.B, - PLAT BOOK
PG. =PAGE
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%= CENTERLINE
R=RADIUS
I
L=ARC LENGTH
A=DELTA/CENTRAL ANGLE
f+
EXHIBIT "A"
NOTICE: Thls document is not valid, full and complete without all pages.
L@ NGITUDE SURVEYOR
S, LLC
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 " PHONE:
(305) 463-0912 * FAX:
(305) 513-5680
0 WWW.LONGITUDESURVEYORS.COM
JOB No. 15246.1,00 PAGE 1 OF 3
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"; thence southeasterly along said curve to the right, having a radius of 25,00 feet, and a
central angle of 36058'06", for an arc distance of 16.13 feet, to the point of intersection with a line
that is 12.00 feet west of and parallel with the Easterly line of said Tract "A"; thence S 02055'45" 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 02055'45" W along the previously 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 87017'35" 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,
document Is not valid. full and oomplete without all
EXHIBIT"A"
L )NGITUDE SURVEY0RS,LLc
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 ' PHONE: (305) 463-0912 ' FAX: (305) 513-5680 • WWW. LONG ITUDESURVEYORS,COM
JOB No, 15296.1.00 PAGE 2 OF 3
OR BK 314-94 PG 62?
SKETCH AND LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
LOCATION MAP
5OURCE5 OF DATA: NOT TO SCALE
1. Plat of "WI1,15TON TOWER5 GOO", recorded in Plat Book 1 13. 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 beanng of 502°55'45"W, said line to be considered a well
established and monumeoted line.
EA5EMENT5 AND ENCUMBRANCES:
No information was provided as to the existence of any easements other that what appears or the underlying Plat of record. Please refer to the Limitations item Witt) respect
to possible restrichons of record and utility services.
LIMfTATION5:
5ince 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
prroate 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.
5URVEYOR'5 CERTIFICATE
I hereby certify: That this `Sketch to Accompany Legal Description" and the 5urvey Map resulting therefrom was performed under my direction and rs 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 5urveying in the 5tate of Florida", pursuant to Rule 5J-17.05 1 through 5J-17.052 of the Flonda Administrative Code and its implementing law, Chapter
472.027 of the Florida SikatuE�s f °' „r;
LONGITUDE
Flonda Cert
Company
t
By: _ ---x^ t Date:
Eduar o M u ret, P5M
Registered 5uty y6r and N4jpp r i G31„ c r
State of
yy, S
NOTICE; Not valid Wthout lite sl7ra'ure vhd original .Ned seal of o Florida Licensed Surveyor and Mapper, Additions or deletions to Survey Mops by other than the
signing party are prohibited wifhout.to' into i conse t of the signing party.
3, 1
NOTICE: This document Isnot
lvalid, full and complete without all pages. EXHIBIT "A"
LANO 1TUDE 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
z
z
0
0
Q
w
U
175TH TE
O
SUBJECT
EASEMENT
174TH ST
U
174TH ST
WINSTON TOWERS 600
113, PG. 81)
❑
(P.B.
z
TRACT'ix,
>
Q
Q
J
z
o
d
U
LOCATION MAP
5OURCE5 OF DATA: NOT TO SCALE
1. Plat of "WI1,15TON TOWER5 GOO", recorded in Plat Book 1 13. 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 beanng of 502°55'45"W, said line to be considered a well
established and monumeoted line.
EA5EMENT5 AND ENCUMBRANCES:
No information was provided as to the existence of any easements other that what appears or the underlying Plat of record. Please refer to the Limitations item Witt) respect
to possible restrichons of record and utility services.
LIMfTATION5:
5ince 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
prroate 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.
5URVEYOR'5 CERTIFICATE
I hereby certify: That this `Sketch to Accompany Legal Description" and the 5urvey Map resulting therefrom was performed under my direction and rs 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 5urveying in the 5tate of Florida", pursuant to Rule 5J-17.05 1 through 5J-17.052 of the Flonda Administrative Code and its implementing law, Chapter
472.027 of the Florida SikatuE�s f °' „r;
LONGITUDE
Flonda Cert
Company
t
By: _ ---x^ t Date:
Eduar o M u ret, P5M
Registered 5uty y6r and N4jpp r i G31„ c r
State of
yy, S
NOTICE; Not valid Wthout lite sl7ra'ure vhd original .Ned seal of o Florida Licensed Surveyor and Mapper, Additions or deletions to Survey Mops by other than the
signing party are prohibited wifhout.to' into i conse t of the signing party.
3, 1
NOTICE: This document Isnot
lvalid, full and complete without all pages. EXHIBIT "A"
LANO 1TUDE 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
This instrument prepared by,
And after recording should be returned to:
Hans Ottinot, City Attorney
City of Sunny Isles Beach
18070 Collins Ave
Sunny Isles Beach, FL 33160
UTILITY EASEMENT AGREEMENT
CFN 2019R0389534
OR BK 31494 Pqs 610-619 (10Pgs)
RECORDED 06/24/2019 1:3 " �6 L'K;.,
DEED GOC: TAS: $0.60
SURTAX $,0.4-"
HARVEY RUVINY CL.E. RK OF COURT
MIA111-DAI: E C:OUNTYe FLORIDA
(Space Reserved for Clerk of Court)
THIS UTILITY EASEMENT AGREEMENT (this "Agreement") is made and
entered into as of V i r day of tA1 z 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, 210 170' 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 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 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 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
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.
8. 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 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.
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 at
any trial court level or any appeals taken therefrom) arising from, growing out of or
connecting in any way with failure of 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.
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
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.
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 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).
12. 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.
13. Successors and Assigns. This Agreement shall be binding upon 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 indemnification or
insurance requirements pursuant to Section 8 of this Agreement. Grantee may assign its
3
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 in this
Section or this Agreement shall in any way be construed as releasing Grantee's
successors and assigns from any obligations to Grantor created by this Agreement or to in
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]
2
IN WITNESS WHEREOF, Grantor has executed this Utility Easement Agreement as of
the day and year first above written.
GRANTOR:
WINSTON TOWERS 600
CONDOMINIUM ASSOOYATI , INC.
By:
uKL C-'eL
Title:
Witness:
Print Name �6eg �A)` le"-:>
Print Name:
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
The foregoing Agreement was ackngwledged before me this �vday of
2019, by ;�� e�,�k��¢. as President of Winston
Towers 600 Condominium Association, Inc., a Flonda not-for-profit corporation, on
behalf of said corporation. He personally appeared before me and 04 is personally known
to me or [ ] has produced as identification.
{ NOTORIAL SEAL)
:otaa 'Poi•., MONICA ZARANTE
2 • �`: Notary Public - State of Florida
Commission # GG 182841
9F�, Op My Comm, Expires Feb 20, 2022
pa
Lnd2d through National Notary Assn.
C I -,Z-D 1�
Nota
Print Name:r G'A ��liwhr+
Notary Public, State of Florida
My Commission Expires:
5
IN WITNESS WHEREOF, Grantee has executed this Utility Easement Agreement as of
the day and year first above written.
Witness:
Print Name
Print Name: x-11 z N
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
GRANTEE:
THE 4ATY O
Title: go"
L �
ISLES BEACH
Te foregoing Ag Bement was acknowledged before m)Vher
this V� day of
ivn
2019, by W-6945 4. S"LL- , in capacity as
�(_ of The City of Sunny Isles Beach. &she personally
appearedII efore me and [ ] is personally known to me or [ ] has produced
PR as identification. A
{ NOTORIAL SEAL }
Notary:
Print Na
Notary Public, State of Florida
My Commission Expires: S-1 3 1 201A
lJ
o ,
':
MAURICIO BETANCUA
Notary Public - State of Florida
Commission: GG 110119
•' ,P���''
My Comm. Expires May 31, 2021
BordedthrougFhaticralNctaryksr.
Notary:
Print Na
Notary Public, State of Florida
My Commission Expires: S-1 3 1 201A
lJ
Exhibit "A"
LEGAL DESCRIPTION AND SKETCH OF THE EASEMENT
PARCEL:
0
0 10 20
SCALE
1" = 20'
174th STREET
SKETCH AND LEGAL DESCRIPTION
UTILITY EASEMENT
N87017'35"E M
75OuTmrny RIGHT OP WAY LINE OF
174th 5TREET
NORTHERLY BOUNDARY LINE Of TRACT
(P.B. 1 13, PG. 51)
WINSTON TOWERS 60o
(P.B. 113, PG. 81)
. TRACT "A"
LEGEND;
P,O,C, = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
P.B. = PLAT BOOK
PG. =PAGE
�= CENTERLINE
R=RADIUS
L=ARC LENGTH
4=DELTA/CENTRAL ANGLE
This
b_nr nn.
)late without all pages. EXHIBIT "A"
L.)NGITUDE S U R V E Y 0 R 8, 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
SKETCH AND LEGAL DESCRIPTION
UTILITY 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:
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.
NOTICE: This document is not valid, full and complete without all
L .)NGITUDE S U R V E Y 0 R S, L L C
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 ` PHONE: (305) 463-0912 " FAX; (305) 513-5680
EXHIBIT "A"
' WWW.LONGITUDESURVEYORS.COM
JOB No. 15296.1.00 PAGE 2 OF 3
OR SK 31494 PG 619
L AST PAGE
SKETCH AND LEGAL DESCRIPTION
UTILITY EASEMENT
V
Q
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ZZ
J
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0
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W
U
175TH TE
O
SUBJECT
EASEMENT
174TH ST
U
174TH ST
WINSTON TOWERS 600
(P.B. 113, PG. 81)
L___-�
Z
TRACT"A"
¢
<C
�
z
J
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0
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ill
U
LOCATION MAP
50URCE5 OF DATA: NOT TO SCALE
1. Plat of VINSTON TOWER5 GOO', recorded in Plat Book 1 13, at Page 81 of the Public Records of Miami -Dade County, Florida.
Bearumgs 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 Imc.
EA5EMENT5 AND ENCUM13RANCE5:
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 sited 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 jun5diction5 may appear.
This document does not represent a field boundary survey of the described property, or any part or parcel thereof.
5U1,VEYOR'5 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 Descriptioa" meets the intent of the applicable provisions of the "Minimum Technical
5tandard5 For Land 5urveyin Ijn Fte State of Florida", pursuant to Rule 5J-17.051 through 5J- 17.052 of the Flonda Admmistratwimplementing e Code and its law, Chapter
472.027 of the Flonda tSt�O@ *8tveN
LO GITUDE 5URV lm LLC a Fforlca limit t,Liabihty Company
hfrc
Florida Cera o(� `Eh(ir�ft3nlfi�dJb r 5
M
By. t) r r" Date: I L D
Eduard Mn 5sa Viz, SM •t' r
State of Flotrd� °„ 4r �fl " ` ' c<�
r P " u � ��4 Jm
NOTICE: Not valid v�ifjmaut tMe Signttlure an, `origin I raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to Survey Maps by other than the
signing party are prohibif�d; vrthpuj. tele, ill'e o an of the signing party.
NOTICE: This document is not valid full and complete without all pages EXHIBIT "A"
LONGITUDE S U R V E 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 3 OF 3
This instrument prepared by
and after recording return to:
Harold M. Rifas, Esq.
Harold M. Rifas, P.A.
7900 Red Road, Suite 10
South Miami, Florida 33143
111111111111111111111111111111111111011111
CFN 2019R0389532
OR BK 31494 Pss 591-6d:0 (1OPss)
RECORDEC. 06/24,`2019 12,46,",23
DEED DOC TAX $6?300.00
SURTAX !h,4P725o"1�l
I-I(tRVEY RUl� P CLERK OF' COURT
1`1:EM.11--I.,�ADE: COUNTY? F`L.OR:EDA
PERMANENT EASEMENT AGREEMENT
THIS PERMANENT EASEMENT AGREEMENT (this "Agreement") is made and
entered into as of 745day 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 174t" 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 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
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 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 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 reasonable
2
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
Agreement shall not be more strictly construed against any one of the parties hereto as a result of
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.
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]
.19
IN WITNESS WHEREOF, Grantor has executed this Permanent Easement Agreement as of
the day and year first above written.
GRANTOR:
WINSTON TOWERS 600
CONDQ. INIUM ASPLIAWID N, INC.
By:c
Title: President
Witness:
Print nai e:
Print name: 'e-weSIC
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
The foregoing Agreement was acknowledged before me this 2gday of June, 2019, by
IA m') tt CAO � h n , as President of Winston Towers
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:
Print name ✓ n q ra--rkr' e_
Notary Public, State of Florida
My Commission expires:
Notary Seal: VC, Z -z, I
MONICA ZARANTE
['j\� Notary Public - State of Florida
Commission # GG 182841FoF e� My Comm. Expires Feb 20, 2022
Bonded through National Notary Assn.
IN WITNESS WHEREOF, Grantee has executed this Permanent Easement Agreement as of
the day and year first above written.
GRANTEE:
THE CJVfY OF/SUNNY ISLES BEACH
Witness: (A
Print Name
Print Name: J --(A _Z_
STATEOF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
The foregoing Agreement was acknowledged before me this ?tel day of AVO , 2019,
by G�0�E fit, Se'40o'- , in his/her capacity as Afl 02
of The City of Sunny Isles Beach He she penally appeared before me and [vj is personally
known to me or [ ] has produced pA a�identification.
Notary: t
Print Name:I�tJW o—F& J f—
Notary Public, State of Florida
My Commission Expires: 5 31 2021
Notary Seal:
�,.•ti'pv a�'••,,
MAURICIO BETANCUR
oNotary
Public - State of Florida
On
Commission # GG 110119
..
MyComm. Expires May 31,20216
8ondedthroughNaticnalNotary Assn.
Exhibit "A"
LEGAL DESCRIPTION AND SKETCH OF EASEMENT PARCEL:
SKETCH AND LEGAL DESCRIPTION
174 STREET BRIDGE PROPOSED WEST LANDING
SOURCES OF DATA:
LOCATION MAP
NOT TO SCALE
1. Plat of "WIN5TON TOWER5 600", 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 with an assumed bearing of 502°55'45"W, said line to be considered a well
established and monumented line.
EASEMENT5 AND ENCUIvBPANCE5:
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.
Lllvl ITATION5i
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.
5URVEYOR'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 5urveymg 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 SU�EYC5P.5 LLC., a Florida Lmtted Liability Company
Florida CertifiEate of"Authorization Nu/mber 11137335
By:
Registered Surveyor and Mapper L5G313
State of Florida
NOTICE: Not valid without the signature
signing party are prohibited without the w
Date: a
raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to Survey Maps by of her than the
I of the signing party.
This document is not valid, full and complete without all
EXHIBIT "A"
L JY NGITUDE 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 PAGE 1 OF 3
SKETCH AND LEGAL DESCRIPTION
174 STREET BRIDGE PROPOSED WEST LANDING
174th STREET
N87017'36'E
N8701713511E PAV
50UTHERLY RIGHT OF WAY LINE OF
174th STREET
NORTHERLY BOUNDARY LINE OF TRACT "A"
(P, B. 1 13, PG. 81)
WINSTON TOWERS 600
(P. B. 113, PG. 81)
TRACT "A"
0 20 40
1 SCALE
01
LEGEND;
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
P.B. = PLAT BOOK
PG, = PAGE
SEC. = SECTION
P.O.T. = POINT OF TERMINATION
S8700415T 40.00'
N87004'1 5"W 40.00
t►
t
I
1
P.O.C.
a w
C) z W O
wQI- > z I'
zQ0
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Q
°�C' z O
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pz� O w
�3Uj - U�
0 m a
I
---50.0'
EXHIBIT "A"
=
OR BK 31494 P G 6130
1_ -AST PAGE
SKETCH AND LEGAL DESCRIPTION
174 STREET BRIDGE PROPOSED WEST LANDING
A parcel of land being a portion of tract "A" of "WINSTON TOWERS G00"
According to the Plat Thereof, as recorded In Plat Book 1 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 502°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 502°55'45"W
along 501101 Easterly line of Tract "A", a distance of 60.00 feet, thence N87-0411 511W
a distance of 40.00 feet, thence NO2°55'45"E a distance of 60.00 feet, thence
587"04'1 5"E a distance of 40.00 feet to the POINT OF BEGINNING,
Containing 2,400 square feet, more or less
NOTICE: This document is not valid, full and complete without all pages. EXHIBIT "K
L .)NGITUDE S U R V E Y O R S, L L C
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 * PHONE: (505) 463-0912' FAX: (305) 513-5680 * WWW.LONGITUDESURVEYORS.COM
JOB No. 15296 PAGE 3 Of 3