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HomeMy WebLinkAboutReso 2013-2138RESOLUTION NO. 2013- 2I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO PERPETUAL OPEN SPACE EASEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND OCEAN RESERVE CONDOMINIUM ASSOCIATION, INC. RELATING TO HERITAGE PARK, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A "; PROVIDING THE MAYOR WITH AUTHORITY TO EXECUTE SAID AMENDMENT; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ocean Reserve Condominium Association, Inc., ( "Ocean Reserve ") entered into a Perpetual Open Space Easement dated March 3, 2009, (the "Easement ") between Ocean Reserve and the City of Sunny Isles Beach (the "City ") for the limited purpose of preserving open space in connection with the construction and use of a public park by and for the City, more commonly known as Heritage Park; and WHEREAS, pursuant to the terms and conditions of the Easement, Ocean Reserve and City agreed that the Easement may be modified through written amendment; and WHEREAS, the parties wish to enter into a First Amendment to Perpetual Open Space Easement so that Ocean Reserve accepts five (5) existing parking spaces within the Easement Parcel in addition to a perpetual right to receive and use three (3) parking passes for the Heritage Park parking garage on the western side of the first floor area, or such other area within the Heritage Park parking garage area in the event that no parking is available within the western side of the first floor area of the Heritage Park parking garage area, subject to certain terms and conditions, as more particularly described in the attached Exhibit "A ". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the First Amendment to Lease Agreement. The First Amendment to Perpetual Open Space Easement Agreement between Ocean Reserve Condominium Association, Inc., and the City of Sunny Isles Beach, attached hereto as Exhibit "A" is hereby approved in substantially the same form. Section 2. Authorization of Mayor. The Mayor is authorized to execute said Amendment Section 3. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution. Page 1 of 2 Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 11 -�4- day of October, 2013. ATTEST: k LL.� Jane A. Hines, City Clerk, MMC APPROVED AS TO FORM AND LEXaL SJ]FFICIENCY: Ottinot, City Attorney Vote: 6 ­0 Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl orman S. Edelcup, Mayor f Moved by: A*_Uo'hp Seconded by: , ►..� �� ✓ (Yes) (No) L /(Yes) (No) ✓ (Yes) (No) L /(Yes) (No) (Yes) (No) Page 2 of 2 I C -FN 2014RO X30013 OR Bk 29013 P95 1229 - 1231; (3x35) RECORDED 01 /31/2014 14:30 :32 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVINr CLERK. OF COURT MIAMI -DADE COUNTYr FLORIDA Prenared by and return to: Hans Ottinot, City Attorney City of Sunny Isles Beach 18070 Collins Ave. 4h Floor Sunny Isles Beach, FL 33160 FIRST AMENDMENT TO PERPETUAL OPEN SPACE EASEMENT THIS FIRST AMENDMENT TO THE PERPETUAL OPEN SPACE EASEMENT (the "Amendment') is made and entered into as of this L'day of 0 c1013 p r- , 2013, by and between OCEAN RESERVE CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit, ("Grantor ") whose address is 19370 Collins Avenue, 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 entered into that certain Perpetual Open Space Easement dated March 3, 2009, between Ocean Reserve Condominium Association, Inc., and the City of Sunny Isles Beach, as recorded in O.R. Book 26879 Pages 1166 -1169 of the public records of Miami - Dade County, Florida (the "Easement'); and WHEREAS, Grantor is the condominium association for that certain mixed -use condominium known as Ocean Reserve Condominium and described in the Declaration of Condominium of Ocean Reserve Condominium recorded in O.R. Book 24224, Page 2071, of the public records of Miami -Dade County, Florida (the "Condominium "); and WHEREAS, pursuant to the Easement, Grantor granted to the Grantee a perpetual open space easement for the limited purpose of preserving open space over and across the Easement Area in connection with the construction and use of a public park by and for Grantee on real property abutting the Easement Area, and all other related lawful public purposes provided for by Chapter 166, Florida Statutes; and WHEREAS, Grantor and Grantee have agreed that the Easement may be modified pursuant to the terms stated herein. NOW, THEREFORE, Grantor, in consideration of Ten Dollars ($10.00), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: R Grantor agrees to accept five (5) existing parking spaces within the Easement Area in addition to a perpetual right to receive and make use of three (3) parking passes to be issued by Grantee to Grantor for use by Grantor, its members, successors or assigns at Grantee's sole cost and expense, from time to time, for the Heritage Park parking garage area on the western side of the first floor area of the Heritage Park parking garage area or such other area within the Heritage Park parking garage area in the event that no parking is available within the western side of the first floor area of the Heritage Park parking garage area. 2. The five (5) existing parking spaces within the Easement Area shall be marked with appropriate signage stating parking is reserved to the Grantor subject to approval of the Grantee. The Grantee shall pay the costs associated with installing the.signage for the five (5) existing parking spaces within the Easement Area. The Grantor shall be responsible for the costs of maintaining and repairing the signs. 3. The Grantee shall use its best efforts to ensure the five (5) existing parking spaces within the'EaMent Area are used exclusively by the Grantor or its members, successors or assigns. The Grantor shall be authorized to tow any vehicles that are parked in the five (5) existing parking spaces within the Easement Area and otherwise exercise total control over the five (5) existing parking spaces within the Easement Area. If a vehicle is towed, the Grantor shall immediately provide notice to the Grantee's police department. 4. The Easement shall otherwise remain in full force and effect for all other purposes. This Amendment shall be recorded. Any defined terms used in this Amendment shall have the definition for such terms as provided in the Easement unless such terms are defined in this Amendment. IN WITNESS WHEREOF, Grantor and Grantee have executed this First Amendment to the Perpetual Open Space Easement as of the date and year first above written. WITNESS: t, Name:13a -tcoi( MonL< ^/ C > Cc: 0 Signature Name:1iUr�c� "GRANTOR" OCEAN RESERVE CONDOMINIUM ASSOCIATION, INC. Q Sigfiature /' C/ Name: ueA �_P 0f CG id tye- Its: P %PS l d. egT- Date: d / , di� / ✓ OR B.K 21?013 PG 1231 LAST PAGE ILLIA)D6 STATE OF 44 OR 49A ) COUNTY OF CW /< ) The r goin i stn�'' s acknowledged before is °� / day of �, 2013, by L! C�Gct -�- , who is the /LL¢� ski of OQSAN RESERVE CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit, on behalf of the corporation. They are personally known to me or—ptoduced as identification. (Seal) Print Name My commission expires: CITY OF SUNNY ISLES BEACH, A FLORIDA MUNICIPAL CORPORATION Ia a e► rI f' it i 41 STATE OF FLORIDA ) COUNTY OF MIAMI -DADE ) The foregoing instrument was acknowledged QkA-06E¢- , 2013, by Norman S SUNNY ISLES BEACH. Who personally appeared befi (Seal) MAURICIO BETANCUR Notary Public - State o1 FW Ma My Cornor..Eapire4 May 4. 2017 Commission I EE 879454 lionoeo rhrough National Notary Assn. before me this IV day of Edelcup, as Mayor of the CITY OF e me And istusonally known to me. Signa6ire of Notat)' Public a k o Coo �"beT'q-j W'L Print Name My commission expires: Prepared by and return to: Douglas G. Christy Wetherington, Hamilton, Harrison, & Fair, P.A. P.O. Box 172727 Tampa, FL 33672 PERPETUAL OPEN SPACE EASEMENT CFN 2009 RO381 734 OR 8k 26879 Fss 116E - 1169; (4es) RECORDED 05/27/2009 10.01"54 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVINY CLERK OF COURT MIAMI -DADE COUNTYP FLORIDA THIS INDENTURE AND PERPETUAL OPEN SPACE EASEMENT (the "Easement" ), is made this Ift day of N •.«<. , 2009 between OCEAN RESERVE CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit, whose address is 19370 Collins Avenue, Sunny Isles Beach, Florida, 33160, hereinafter referred to as the "Grantor", and CITY OF SUNNY ISLES BEACH, a municipality of the State of Florida, whose address is 18070 Collins Avenue, Sunny Isles Beach, FL 33160, hereinafter referred to as "Grantee". WHEREAS, the Grantor is the entity responsible for the maintenance and operation of that certain condominium known as Ocean Reserve Condominium and described in the Declaration of Condominium of Ocean Reserve Condominium recorded in O.R. Book 24224, Page 2071, of the public records of Miami -Dade County, Florida (the "Condominium"). WHEREAS, the Grantor is authorized and empowered to grant easements pursuant to Section 718.111(10), Florida Statutes (2008) over the following described real property (the "Easement Area "): SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. AND WHEREAS, the Grantee desires a perpetual easement for the limited purpose of preserving open space over and across the Easement Area in connection with the construction and use of a public park by and for Grantee on real property abutting the Easement Area and all other related lawful public purposes provided for by Chapter 166, Florida Statutes. AND WHEREAS, the Grantor has agreed to convey and grant said interest in the Easement Area to the Grantee. WITNESSETH, that the Grantor, for good and valuable consideration by the Grantee, the receipt whereof is hereby acknowledged, by these presents does convey and grant unto the Grantee a perpetual easement for the limited purpose of preserving open space over and across the Easement Area in connection with the construction and use of a public park by and for Grantee and all other related lawful public purposes provided for by Chapter 166, Florida Statutes. Grantor shall be responsible for any liability or damages arising from the negligent use of the Easement Area by the Grantor, its agents, successors and assigns. Grantee shall be responsible for any liability or damages arising from the negligent use of the Easement Area by the Grantee. No use of the Easement Area by Grantee shall restrict, prevent or interfere with Grantor's maintenance, operation and preservation of the safe, clean, good and functional condition of the Easement Area or the Condominium in accordance with the standards of comparable first class developments and in full compliance with all applicable laws and regulations. Grantee shall further be required to construct, maintain and repair not less than eight (8) parking spaces within the Easement Area for the use of Grantor and its members as a condition of Grantee's continued interest and easement rights in the Easement Area hereunder. In the event Grantee fails to fulfill its obligations under this Easement to use the Easement Area for the limited purpose of preserving open space over and across the Easement Area in connection with the construction and use of a public park by and for Grantee, the Easement shall automatically terminate and revert to the Grantor and Grantor shall be entitled to exercise control over the Easement Area without respect to Grantee's former interest and easement rights in the Easement Area. Thereafter, Grantor may record evidence of the termination of the Easement in the official records of Miami -Dade County, Florida without the consent of any other parties. TO HAVE AND TO HOLD the same with all and singular the appurtenances thereunto belonging or in anywise appertaining to the granting of this Easement in law or equity to only the proper use, benefit, and behoof of the said Grantee, or its successors or assigns. The purpose of this Easement is to provide a perpetual open space easement over and across the Easement Area for the limited public purposes stated above. IN WITNESS WHEREOF, the said first party has caused these presents to be executed in its name and its corporate seal to be hereunto affixed, by its proper officer(s) thereunto duly authorized the day and year first above written. Print Name: Lod & — o / % e "GRANTOR" OCEAN RESERVE CONDOMINIUM ASSOCIATION, INC., a Florida rofit By: Name: Chris Feurer Its: President (Corporate Seal) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 3 day of 2009, by Chris Feurer, President of OCEAN RES.. DOMINIUM OCIATION, INC., a Florida corporation not for profit, on behalf of a co ration. He is perso ally known to me or has produced / as identifrGatid. al, l �11. wM My commission expires: PERPETUAL OPEN SPACE EASEMENT JOINDER OCEAN VIEW DEVELOPERS, LLC OCEAN VIEW DEVELOPERS, LLC, a Florida limited liability company ( "Ocean View "), hereby joins in the foregoing Perpetual Open Space Easement (the "Easement ") to which this Perpetual Open Space Easement Joinder is attached, agrees that the terms thereof shall be binding upon Ocean View and its successors in title, and expressly subjects any lands owned by Ocean View within the Easement Area described in the Easement, if any, to the terms of the Easement. IN WITNESS WHEREOF, the undersigned has executed this Perpetual Open Space Easement Joinder on this 3 day of , 2009. Print Name: 4✓%d04 P //i =/G STATE OF FLORIDA COUNTY OF "OCEAN VIEW" OCEAN VIEW DEVELOPERS, LLC, a Florida limited liability company By: QP" AP Name: Joseph R Cacciatore Its: Manager (Seal) The foregoing instrument was acknowledged before 2009, by Joseph * Cacciatore, Manager of OCEAN VIE1 limited liability company, on behalf of the company, e� has produced (Seal) OFFICIAL SEAL ROMUALDA J KWnNGER NOTARY PUBLIC • STATE OF ILLINOIS W COWASSIM EIPMAt/�At11 as Public .his 3 day of ?VELOPERS, LLC, a Florida ;rsonally known to a or J • s ,G My commission expires: R:\Ocean Reserve Condominium Association \General \Open Space EasementTerpetual Open Space Easement3 (clean).doc OR E' K 26879 PG 1 169 1 _AST PAGE EXHIBIT "A" A portion of Tract "C ", GALAHAD -DADE according to the plat thereof as recorded in Plat Book 92, Page 16 of the Public Records of Miami -Dade County, Florida being more particularly described as follows: BEGINNING at the Southeast corner of said Tract "C ", also being the Southwest corner of Tract "D" of said GALAHAD DADE, said point being on the North right -of -way line of Northeast 192nd Street as shown on said plat; THENCE North 88 °54'10" West, on the South line of said Tract "C" and said North right -of -way line, a distance of 4.37 feet; THENCE North 01'10'46" East, a distance of 138.17 feet; THENCE North 88 °54'57" West, a distance of 66.57 feet; THENCE North 01'03'09" East, a distance of 163.36 feet; THENCE South 88 °50'08" East, a distance of 2301 feet; THENCE North 01'07'33" East, a distance of 59.20 feet; THENCE North 88 °52'27" West, a distance of 23.92 feet; THENCE North 01'06'28" East, a distance of 2.73 feet; THENCE North 46 °02'19" East, a distance of 154.66 feet; THENCE South 76 °05'21 " East, a distance of 8.72 feet; THENCE North 13 °5439" East, a distance of 67.17 feet to an intersection with a line 40.00 feet South of and parallel with the North line of said Tract "C "; THENCE South 85 °03'40" East on said parallel line, a distance of 26.50 feet to an intersection with the West line of said Tract "D "; THENCE South 10 °28'07" West on the said West line of Tract "D ", also being the East line of said Tract "C ", a distance of 541.92 feet to the, POINT OF BEGINNING. Said lands lying in the City of Sunny Isles Beach, Miami -Dade County, Florida and containing 37,152 square feet (0.853 acres) more or less. Prepared By: CALVIN, GIORDANO AND ASSOCIATES, INC. 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 January 26, 2009 o� 5�NNY'S4�� City of Sunny Isles Beach �� 18070 Collins Avenue i Sunny Isles Beach, Florida 33160 ' (305) 947 -0606 City Hall * ° u (305)949 -3113 Fax yF i99' * F L o R�oP 1117- (305) 947 -2150 Building Department c r Y O F SUS P`'� (305) 947 -5107 Fax MEMORANDUM TO: Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney64er DATE: October 17, 2013 City Commission Norman S. Edelcup, Mayor Isaac Aelion, Vice Mayor Jeanette Gatto, Commissioner Jennifer Levin, Commissioner George "Bud" Scholl, Commissioner Christopher J. Russo, City Manager Hans Ottinot, City Attorney Jane A. Hines, MMC, City Clerk RE: Resolution approving the First Amendment to Perpetual Open Space Easement between the City of Sunny Isles Beach and Ocean Reserve Condominium Association, Inc. relating to Heritage Park RECOMMENDATION This Resolution is presented for your consideration. REASONS Ocean Reserve Condominium Association, Inc., ( "Ocean Reserve ") entered into a Perpetual Open Space Easement dated March 3, 2009, (the "Easement ") between Ocean Reserve and the City of Sunny Isles Beach (the "City ") for the limited purpose of preserving open space in connection with the construction and use of Heritage Park. Pursuant to the terms and conditions of the Easement, the City was required to construct eight (8) parking spaces in the Easement Parcel in exchange for use of the Easement Parcel. The City constructed only five (5) parking spaces. As such, the Easement is required to be modified as part of a negotiated agreement between the parties. The parties wish to enter into a First Amendment to Perpetual Open Space Easement so that Ocean Reserve accepts five (5) existing parking spaces within the Easement Parcel in addition to a perpetual right to receive and use three (3) parking passes for use in the Heritage Park parking garage on the western side of the first floor area, or such other area within the Heritage Park parking garage area in the event that no parking is available within the western side of the first floor area of the Heritage Park parking garage area, subject to the following terms and conditions: 1. Ocean Reserve agrees to accept five (5) existing parking spaces within the Easement Parcel in addition to a perpetual right to receive and make use of three (3) parking passes to be issued by City to Ocean Reserve for use by Ocean Reserve, its members, successors or assigns at City's sole cost and expense, for the Heritage Park parking garage area on the western side of the first floor area or such other area within the Agenda Item _ 10 Date 10 - l��3133 Heritage Park parking garage area in the event that no parking is available within the western side of the first floor area of the Heritage Park parking garage area. 2. The five (5) existing parking spaces within the Easement Parcel shall be marked with appropriate signage stating parking is reserved to Ocean Reserve subject to approval of the City. The City shall pay the initial costs associated with installing the signage for the five (5) existing parking spaces within the Easement Parcel. Ocean Reserve shall be responsible for the costs of maintaining and repairing the signs. 3. The City shall use its best efforts to ensure the five (5) existing parking spaces within the Easement Parcel are used exclusively by Ocean Reserve or its members, successors or assigns. Ocean Reserve shall be authorized to tow any vehicles that are parked in the five (5) existing parking spaces within the Easement Parcel and otherwise exercise total control over the five (5) existing parking spaces within the Easement Parcel. If a vehicle is towed, Ocean Reserve shall immediately provide notice to the City's police department.