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<br />01111/01 14: 44 FAX <br /> <br />~ UUUUU7 <br /> <br />EASE:MENT AGREEMENT <br /> <br />THIS EASEMENT AGREEMENT (the "Agreement'') is made and entered into this .~~ <br />day of January, 2001, by and between caseAN OCEAN POINT, llC a Florida limited liability <br />company (hereinafterreferted to as "Grantor"), having a post office address of555S Anglers Avenue <br />Suite I, Ft. Lauderdale, Florida 33312 and THE CITY OF SUNNY ISLES BEACH, a municipal <br />subdivision of the State of Florida (hereinafter referred to as ."Grantee").. <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the Grantor is fee simple title owner and developer of the following described <br />property, lying and being situate in Miami.Dade County, to wit: <br /> <br />SEE EXHIBIT "A" (with attached location sketch) <br /> <br />(hereinafter refCII'ed to as the '"Easement Property") <br />an~ <br /> <br />WHEREAS, the Grantor is desirous of giving assurance to the Grantee that the Easement <br />Property will be developed substantially in accordance with the spirit and intent of the plans <br />submitted to the City Commission of the City of Sunny Isles Beach for a public hearing wherein the <br />zoning and use of the subj~ property has been approved, unless said plans are modified and/or <br />changed as a result of a public hearing or other appropriate action by the City; and <br /> <br />WHEREAS, in connection with Grantee's approval of the project, Grantor has agreed to <br />grant and create, and Grantee desires to obtain, on the terms and conditions hereinafter set forth, <br />Access Easement(s) (as hereinafter defined) over and across the Easement Property for purposes <br />hereinafter set forth; <br /> <br />NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged Grantor and Grantee hereby agree as follows: <br /> <br />1, Recitals. The foregoing recitals are true and correct and are incolporated herein. <br /> <br />2. Grant of Easement Grantor hereby grants to Grantee anon-exclusive easement (the <br />"Easemenf") in favor of Grantee for the right of public access, ingress and egress in, <br />over, under and across the Easement Property which Easement shall be established <br />by Grantor aDd operated and maintained by Grantee so as to allow public use ofllie <br />Easement Property for access to and with the adjacent City parle: property for park <br />uses from Collins Avenue to the Atlantic Ocean. Nothing herein shall be construed <br /> <br />a;\DMS\73267\(024~ 15772.03 <br />11/8/2000 <br /> <br />STA"':'E C~ Fl.or~:n:... CCL!~\7V OF D.c,!):; <br /> <br />.-~~ <br />~~~i) I;O!:;;~ <br />.fl ~"~Y'~ <br />r/A~'/ .".', IZ' <br />r:<;i . '?' :~~ <br />.' .,,, .~~_. :A \ ,J <br />I'. .. ;.. ._, <br />1,'-'1 .,.'.;.lo.....~~...'1 II": <br />t...\ .1::;:' ::":<. i.,.!1 <br />...~\ "J.':f:L;::S", Ir:::1'J <br />\~;. "0.1'11 ~"J ~'i Tit.~ .'J:ti <br />,~.;>-~~~",. ' <br />..... "",L _.. '. r:...~ <br />......-~.::.':.:... ~.-'''''''- <br /> <br /> <br />L: <br /> <br />1":1 <br />Co <br />.. <br />-0 <br />-t <br />C) <br />- <br /> <br />:z: <br />~ <br />..... <br />o <br />o <br />N <br /> <br />~ <br />CO <br />r'l <br />(J <br />,... <br />o <br />~ <br />fill <br />o <br />