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HomeMy WebLinkAboutReso 2018-2866 RESOLUTION NO. 2018-2 C• A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AMENDED INGRESS/EGRESS EASEMENT AGREEMENT AND A MEDIATION SETTLEMENT AGREEMENT ATTACHED HERETO, IN SUBSTANTIALLY THE SAME FORM AS - EXHIBIT "A" A "B", RESPECTIVELY, BETWEEN THE CITY OF SUNN ISLES BEACH AND PORTO BELLAGIO CONDOMINIUM ASSOCIATION, INC.; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS; AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") and Porto Bellagio Condominium Association, Inc. ("Porto Bellagio") entered into an Ingress/Egress Easement Agreement on February 23, 2005 (the "Agreement"); and WHEREAS, the purpose of the Agreement is to provide the City with an easement over and across part of the common elements of Porto Bellagio for pedestrian and emergency vehicle ingress/egress to and from 172nd Street; and WHEREAS, in 2014, the City initiated a lawsuit against Porto Bellagio to enforce the conditions of the Agreement; and WHEREAS, on July 13, 2018, the City and Porto Bellagio thru mediation reached an agreement and settled the lawsuit which included amending the existing Ingress/Egress Easement Agreement and other terms; and WHEREAS, the City Commission wishes to approve the Amended Ingress/Egress Easement Agreement and the Mediation Settlement Agreement between Porto Bellagio and the City attached hereto in substantially the same form as Exhibit "A" and "B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Amended Easement Agreement and Mediation Settlement Agreement. The Amended Ingress/Egress Easement Agreement and Mediation settlement Agreement between the City of Sunny Isles Beach and Porto Bellagio Condominium Association, Inc. are hereby approved in substantially the same form as the attached Exhibit "A" and Exhibit"B". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the Amended Ingress/Ingress Easement Agreement and Mediation Settlement Agreement by and between the City of Sunny Isles Beach and Porto Bellagio Condominium Association, Inc. in substantially the same form as the attached Exhibit "A" and" B" respectfully. Approving Amended Ingress/Egress Easement Agreement I of 2 Section 3. Authorization of City Manager and City Attorney. The City Manager and City Attorney are authorized to do all things necessary to effectuate the terms of this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 20th day of September 2:18. George .'. Scholl, Mayor AT ' S : A i _ille,,, if_PW Mau icio B tancur, CMC, City Clerk APPROVED AS TO FORM AND GAL SUFFICIENCY: dAi;i/10 1111 ii a Ri frnot, 1 ity Attorney Moved by: VICE 0 Ick,be. GVt4PS Seconded by: vS�t.odJ612-- C' rn Vote: Mayor Scholl L(Yes) (No) Vice Mayor Goldman i, (Yes) (No) Commissioner Aelion (Yes) (No) Commissioner Gatto V/ (Yes) (No) Commissioner Svechin J (Yes) (No) Approving Amended Ingress/Egress Easement Agreement 2 of 2 - IN THE CIRCUIT COURT OF THE 1 1TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 2014-10629 CA 21 CITY OF SUNNY ISLES BEACH, FLORIDA, Plaintiff, v. PORTO BELLAGIO CONDOMINIUM ASSOCIATION, INC. AND FLORIDA POWER & LIGHT COMPANY, Defendants. MEDIATION SETTLEMENT AGREEMENT A Mediation Conference was held on July 13, 2018. Discussions ensued and thereafter, Plaintiff City of Sunny Isles Beach ("City") and Defendant Porto Bellagio Condominium Association, Inc., ("Porto Bellagio"), reached an agreement and settled this action on the following terms and conditions. The City and Port Bellagio (collectively referred to as the "Parties") stipulate and agree as follows: 1. The City and Porto Bellagio agree to execute an Amended Non-Exclusive Ingress/Egress Easement Agreement in substantially the same form as Exhibit "A", which shall supersede and replace that certain Ingress/Egress Agreement recorded on March 7, 2005 at Official Records Book 23140 at Pages 3002-3008 of the Public Records of Miami-Dade County. Florida. 302585533v2 0959416 211 2. The City shall pay to Porto Bellagio the following amounts in reimbursement of costs incurred in connection with bridge constructed within the Non- exclusive Ingress/Egress Easement: (1) $8,598.75 for payments made to U.S. Security; (2) $10,702.14 for payments made to Intellitech Systems, Inc.; (3) install a new gate adjacent to the Easement Property; and (4) install brick pavers on walk path adjacent to Easement Property. 3. - The City shall, at its sole cost and expense, install landscaping within the Ingress/Egress Easement Property adjacent and contiguous to Porto Bellagio's property to mitigate Porto Bellagio's privacy and security concerns. 4. Porto Bellagio agrees to cooperate with the City and Florida Power & Light to relocate utility boxes located on the Easement property. 5. Upon the City's approval of the Parties' Amended Non-Exclusive Ingress/Egress Agreement, and the Parties' execution of the same, the Parties shall file a Joint Dismissal with Prejudice which shall further provide that each party shall bear their own attorney's fees and costs. 6. The Court shall reserve jurisdiction over this action and the parties hereto to Enforce the terms of this Mediation Settlement Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Mediation Settlement Agreement to be executed in their names by their duly authorized officers, all as of the day and year first above written. 302585533v2 0959416 / PORTO BELLAGIO CONDOMIUM *I. ASSOCIA G• , IN . By: John C. Lukacs, Esq. Patricia Fis9h• , President Attorney for Porto Bellagio Condominium Association, Inc. C;F - - a THE CITY 0 Y ISLES BEACH (� . t . ,. FLORIDA, , muni ipal Corporation '•�ig`�a1g_ _ .,1 By: Mai.kic • it eta ci.f:`CMC, City Clerk George "Cud" Scholl, Mayor I 0.1"4' ' -' 6Y • Y'. APPROVED AS TO FORM AND LEGAL SUFF I CY: i 41 - roim /fa , /1 Han'S1ot, City Attorney 302585533v2 0959416 1111111§0111 11tH 11111 11111111 1 1 1111111111111 CFN 2019R0031134 OR BK 31292 Fgs 621-625 (5P9s) RECORDED 01/16/2019 11.42:19 After recording return to: HARVEY RUVIN? CLERK OF COURT MIAMI-DADE COUNTY? FLORIDA Hans Ottinot, City Attorney City of Sunny Isles Beach 18070 Collins Ave Sunny Isles Beach, FL 33160 AMENDED INGRESS/EGRESS EASEMENT AGREEMENT This Declaration of Easement is made this q# day of 0 66‘--, 2018, by PORTO BELLAGIO CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation. (hereinafter "Declarant"). _ WITNESSETH WHEREAS, for the purposes of this Declaration, the following terms shall have the following meanings: a) "Benefited Party" shall mean and include the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation, ("City"). b) "Declarant" shall mean PORTO BELLAGiO CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation. c) "Easement Property" shall mean and include that real property that is part of the common elements of the Porto Bellagio Condominium, whose Declaration of Condominium is recorded in OR Book 22644, Page 643, Public Records of Miami-Dade County, Florida and is described in Exhibit "A" attached hereto and incorporated herein. d) "Emergency Vehicles" shall be the vehicles of the governmental authorities and the appropriate private organizations supplying health, police services and emergency services, such as fire, ambulance and rescue services to the citizens of Sunny isles Beach, Florida. e) "Water Systems" shall mean all water lines, pipes, pumps, wires, drainage lines, sprinkler heads, drip lines and similar installed systems and devices delivering water to and from the Easement Property or the service of installation for providing irrigation to the Easement Property. f) "Landscape Improvements" shall mean all trees, shrubs, turf, grass, fences, walls, vines, ground cover, stones, mulch and similar plant and planting materials to be installed within the Easement Property. g) "Electrical Systems" means all cabling, poles, switches, outlets, lighting systems. installed within the Easement Property. Notwithstanding any other provision ofthisEasement Agreement, the lighting systems to be installed shall be compatible to the standard street lighting system of the City of Sunny Isles Beach. h) "Security and Surveillance Systems" shall mean the ability to install cameras and other electronic surveillance and recording equipment for all safety and security purposes including without limitation, crime prevention, law enforcement, monitoring of pedestrian and emergency vehicle traffic on the Easement Property. Amended Ingress/Egress Easement Agreement - Porto Bellagio 302577037v1 0959416 C�y i) "Public Records" shall mean the public records of the City of Sunny Isles Beach; Florida and other related entities. j) "Roadway Improvements" shall be those portions of the Easement Property from time to time improved with compaction, paving, concrete, asphalt, guard-privacy railing and other like improvements utilized for emergency vehicle and pedestrian travel. k) "172"d Street" shall be that certain public right-of-way, designated as 172"d Street and reflected in the Plat recorded in Plat Book 157, Page 70, Public Records, which right of way adjoins the Easement Property and is depicted in Exhibit"A" attached hereto and incorporated herein. WHEREAS, the Declarant has agreed to provide the Benefited Party with an easement over and across the Easement Property, for pedestrian and Emergency Vehicle ingress and egress to and from 172"d Street to 174th Street. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, Declarant, for itself, its successors and assigns, hereby declares, grants and agrees as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein and made a part of this Declaration. 2. Declaration. Subject to the conditions and stipulations hereinafter set forth, Declarant does hereby declare, grant and agree that there shall be and there hereby does exist for the benefit of the Benefited Party a permanent non-exclusive easement in, over, under, through and across the Easement Property, for ingress and egress for pedestrian use and vehicular traffic for Emergency Vehicles only while engaged in -the provision of emergency services to and from 172"d Street and 174th Street Furthermore, the Benefited Party is authorized to improve the Easement Property with Roadway Improvements, Landscaping and Irrigation. 3. Use. The Benefited Party may use and enjoy the rights and easements hereby declared, granted and created as follows: a) Any use by Benefited Party, citizens, contractors, licensees, employees, invitees or agents of the Benefited Party of the Easement Property shall be effected in such a manner so that it shall not unreasonably interfere with the rights of Declarant for access or maintenance purposes or any others having a right to use the Easement Property. b) Indemnity: (i) To the extent permitted by Section 768.28, Florida Statutes, Benefitted Party hereby indemnifies and holds Association and Condominium, their individual condominium unit owners, their officers, directors, employees, invitees and agents ("Indemnified Parties") harmless from and against all loss or damage which Indemnified Parties may suffer in connection with claims asserted solely concerning the negligence or malfeasance of the Benefitted Party, its employees, independent contractors and agentsinconnection with this Agreement and the rights granted hereunder, ,including but not limited to reasonable attorney's fees expended in connection with the settlement, trial and appellate review thereof ("Indemnified Losses"). Indemnified Losses specifically do not include any indemnification from or against claims asserted solely concerning actions of the Indemnified Parties. This Section 3 shall survive termination of this Easement Agreement. 7 Amended Ingress/Egress Easement Agreement - Porto Bellagio 302577037x1 0959416 (ii) Declarant shall indemnify and hold harmless Benefited Party from any claim, demand, loss, damage, cost or expense of whatsoever kind or nature, including attorney fees through appeal, made against or incurred by Benefited Party incident to any claim, demand, causes of action, defenses or proceedings,judgments or costs asserted against Benefited Pam' as a result of Declarant's use of the Easement Property. 4. Perpetual. The easements and rights hereby created, declared and granted with respect to the Easement Property shall be perpetual and shall run with title to the Easement Property and for the benefit of Benefited Party until amended or terminated in accordance with the terms of this Declaration. 5. Maintenance. Benefited Party shall at its sole expense and at all times be responsible for maintaining, repairing, replacing and keeping the Easement Property, Landscape Improvements, Water Systems, Roadway Improvements, Electrical Systems, Security and Surveillance Systems installed by the Benefited Party on Easement Property and any other improvements that may be placed on the Easement Property the Benefited p � by Party. 6. Injunctive Relief. In the event of any violation or threatened violation by Declarant or Benefited Party, the other party shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction of Miami-Dade County, Florida. The rights of injunction shall be in addition to all other remedies provided by law. 7. Attorney Fees. In the event any person is required to initiate or defend any legal action or proceedings to enforce or interpret this Declaration, the prevailing party in any such action or proceeding • shall be entitled to recover reasonable costs and attorney fees (including its reasonable cost and attorney fees on any appeal). 8. Amendment. This Declaration may be amended only by an instrument in writing executed by the Declarant and the Benefited Party and recorded in the Public Records. 9. Captions and Headings, The captions and headings in this Declaration are for reference only, and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or other agreements contained herein 10. Effective Date. This Easement shall become effective upon recording. Declarant shall • be responsible for the act of and costs associated with the recording of this.Easement. IN WITNESS WHEREOF, the undersigned party has caused this Declaration of Easement to be duly executed and the corporate seal to be affixed the day and year first above written. Signed in the presence of PORTO BELLAGIO CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation By: B)': Print Name: mo AJ\ PATRICIA FIS , EL President 3 Amended Ingress/Egress Easement Agreement - Porto Bellagio 3025 7 7037'1 0959416 By: i/P72-- G/moi Print Name: /-F,,.2A 471Di,, STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this L, day of .42018, by PATRICIA FIS1HEL as President of PORTO BELLAGIO CONDOMINIUM ASSO IATION, INC., a Florida not-for-profit corporation who is personally known to me or who has produced , as identification and who execute t e oregoing egress/Egress Easement and she acknowledged before nye that she executed the same for the purposes expressed and that the said Ingrer /Eg =s Easement is the . -t and deed of said association. Ilit !ul1 :4 "IA.,il Print'Name: ' (1 W 6 e . My commission expires: 1,9-1 tz) I ci F,A., 4, LISA ANN GRAY 1 _ Notary Public-State of Florida Commission#FF 913238 �4c' My Comm.Expires Dec 15,2019 Bonded through National Notary Assn. 4 Amended Ingress/Egress Easement Agreement - Porto Bellagio 302577037v1 0959416 ' OR BK 31292 PG 4625 LAST PAGE WITNESSES: CITY: City of Sunn, sle• Beach, Florida a Florida r unicip; corporation • 14�1o..Q / B : C� Y i nature Geo -_e H. Sc ell, Mayor -fr , ------ tl- \- t\`' i:2.__ d, • LIQ V to �, Printed Name of WitnessI Inv • ` tK '& '• ., Signature Mauri io :et. cur,,CityCl e ' ' t 1/Iviift Qe_vtn ci, Printed Ndme of Witness (Seal of the City of Sunny Isles Beach) STATE OF FLORIDA COUNTY OF MIAMI DADE THEN PERSONALLY APPEARED BEFORE ME, an officer duly authorized to administer oaths and receive acknowledgements within the State of Florida, George H. Scholl, Mayor and Mauricio Betancur, City Clerk, of the,City of Sunny Isles beach,Florida who,acting with due City authority, and execute the foregoing Easement Agreement before me and did affix the seal of the City of Sunny Isles Beach, Florida thereto as the act and deed of said corporation. WITNESS MY HAND AND OFFICIAL SEAL this ttA day of 0 do 4e.V , 2018 at Sunny Isles Beach Florida. lit' ` 7114;:-•'`'_.--'"'=AMREYIs I►Milk'Etati'o1.Florida/� •� .Commisafon i k 201113 g-•f My. Comm: I�tary Public, Stal: of Florida at La: o:;�<«�'� Exptrea:Mar,t0,:2ots _' Bonded through kadarial NotaryAssn. My Commission e' .ires 3-/O-/7 - APPROVED AS TO FORM OFFICE 9- TH CITY ATTORNEY By: (1,_,liv Han- Ott not, City Attorney Date: tty p 5 Amended Ingress/Earess Easement-Porto Bellaeio