HomeMy WebLinkAboutReso 2020-3102RESOLUTION NO.2020 - `d �—
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO
THE LEASE AGREEMENT WITH MIAMI-DADE COUNTY FOR A
PASSIVE PARK, ATTACHED HERETO, IN SUBSTANTIALLY THE
SAME FORM, AS ATTACHMENT "A"; AUTHORIZING THE CITY
MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY
TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Dade County ("County") is the owner and operator of a public
facility known as the Miami -Dade Water and Sewer Pump Station No. 301, which is located at
350 Sunny Isles Boulevard, Sunny Isles Beach, Florida, bearing Folio Number 31-2214-007-0410;
and
WHEREAS, on June 21, 2018, via Resolution No. 2018-2834, the City Commission of
the City of Sunny Isles Beach ("City") approved a Lease Agreement with the County to lease a
Passive Park with a total square footage of 17,651 square feet on the western portion of the Miami -
Dade Water and Sewer Department's Pump Station No. 301 site (the "Leased Premises"); and
WHEREAS, in 2014, Miami -Dade County, the United States Environmental Protection
Agency, the Florida Department of Environmental Protection, and the State of Florida entered into
a Consent Decree (the "Consent Decree"), which, among other things, required the Miami -Dade
Water and Sewer Department to establish a Pump Station Improvement Program in order to
perform upgrades to the County's wastewater collection and transmission system, including pump
stations and force mains, pursuant to section 24-42.3 of the Code of Miami -Dade County; and
WHEREAS, in order to bring Pump Station No. 301 into compliance with the
requirements and regulations set forth in the Consent Decree, the County must complete
improvements to Pump Station No. 301; and
WHEREAS, during the permitting process, the County discovered that a minor
modification to the boundaries of the existing Leased Premises in "Exhibit B" to the original Lease
Agreement needed to be modified to provide the County with sufficient access for maintenance
vehicles for emergency repairs to the Pump Station No. 301; and
WHEREAS, in exchange for this modification, the County has agreed to provide the City
with an additional 209 square feet of land, which will increase the total Leased Premises from
17,651 square feet to 17,860 square feet, as shown on the attached "Revised Exhibit B" to the First
Amendment to the Lease Agreement, which is attached hereto as Attachment "A" and incorporated
herein by reference; and
WHEREAS, the City Commission agrees to the modification to the Leased Premises as
shown in "Revised Exhibit B," and authorizes the City Mayor to execute the First Amendment to
the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The recitals set forth in this Resolution are incorporated
herein by reference as if fully set forth herein.
Section 2. Approval of First Amendment to Lease Agreement. The City Commission of the
City of Sunny Isles Beach hereby approves the First Amendment to the Lease Agreement, attached
hereto, in substantially the same form as Attachment "A," which includes a modification to the
Leased Premises as shown in "Revised Exhibit B" thereto.
Section 3. Authorization of Maw The Mayor is hereby authorized to execute the First
Amendment to the Lease Agreement with Miami -Dade County for the Passive Park, attached
hereto, in substantially the same form, as Attachment "A".
Section 4. Authorization of City Manager and City Attorney The City Manager and the City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 5.
AT� t
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED on this 17th day of pte be 2020.
, CMC, City Clerk
APPROVED AS TO FORM
AND LEG S'U FICIENCY:
D L&4��
14q,F-dward A. Dion, City Attorney
George H. Scholl, Mayor
Moved by:/Dmv— 90l.&Ms Aeconded by: Cvltfk/S5/p� ZW.1A
Vote: 0
Mayor Scholl
Vice Mayor Svechin
Commissioner Goldman
Commissioner Lama
Commissioner Viscarra
(Yes)
(No)
v(Yes)
(No)
�L(Yes)
(Yes)
(No)
(No)
(Yes)
(No)
2
FIRST AMENDMENT
TO
LEASE AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SUNNY ISLES BEACH ]FO.R A PASSIVE PARK
6 µ" THE FIRST AMENDMENT ("First Amendment") to Lease Agreement (the "Lease") made on the
day of NOV, , 2020 ("Effective Date"), by and between MIAMI-DADE COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as the "LANDLORD", and the CITY OF SUNNY
ISLES BEACH, a Florida municipal organization hereinafter referred to as the "TENANT", and
collectively with the LANDLORD, the "Parties".
WITNESSESTH:
WHEREAS, the Landlord is the owner and operator of a public facility known as the Miami -Dade
Water and Sewer Pump Station No. 301, which is located at 350 Sunny Isles Boulevard, Sunny Isles Beach,
Florida, bearing Folio Number 31-2214-007-0410; and
WHEREAS, on October 2, 2018, via Resolution No. R 1021-18, the Miami -Dade County Board
of County Commissioners approved a Lease Agreement with the Tenant for a Passive Park with a total
square footage of 17,651 square feet on the western portion of the Miami -Dade Water and Sewer
Department's Pump Station No. 301 site (the "Leased Premises"); and
WHEREAS, in 2014, Miami -Dade County, the United States Environmental Protection Agency,
the Florida Department of Environmental Protection, and the State of Florida entered into a Consent Decree
(the "Consent Decree"), which, among other things, required the Miami -Dade Water and Sewer Department
to establish a Pump Station Improvement Program in order to perform upgrades to the County's wastewater
collection and transmission system, including pump stations and force mains, pursuant to section 24-42.3
of the Code of Miami -Dade County; and
WHEREAS, in order to bring Pump Station No. 301 into compliance with.the requirements and
regulations set forth in the Consent Decree, the County must complete improvements to Pump Station No.
301; and
WHEREAS, during the permitting process, the LANDLORD discovered that a minor modification
to the boundaries of the existing Leased Premises in "Exhibit B" to the original Lease Agreement needed
to be modified to provide the LANDLORD with sufficient access for maintenance vehicles for emergency
repairs to the Pump Station No. 301; and
WHEREAS, in exchange for this modification, the LANDLORD has agreed to provide the
TENANT with an additional 209 square feet of land, which will increase the total Leased Premises from
17,651 square feet to 17,860 square feet, as shown on the attached "Revised Exhibit B;" and
WHEREAS, the TENANT agrees to the modification to the Leased Premises as shown in "Revised
Exhibit B,"
NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein,
the LANDLORD and TENANT agree to the following:
First Amendment Page 1 of 2
Sunny Isles Lease Agreement
NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein,
the LANDLORD and TENANT agree to the following:
1. Remove "Exhibit B" and replace it with "Revised Exhibit B."
All of the terms, conditions and warranties contained in the Lease Agreement are hereby reaffirmed
and shall continue in full force and effect except as specifically modified by this First Amendment.
IN WITNESS WHEREOF, the LANDLORD and the TENANT have caused this First Amendment
to be executed by their respective and duly authorized officers the day and year first above written.
ATTEST:
HARVEY RUVIN, CLERK
BY: Z 5
DEPUTY CLERK
(OFFICIAL SEAL)
WITNESS
WITNESS
rX®M47 °°.
COUNTY
s' O.....
Approved as to form and legal sufficiency:
1;, I►1*3
Assistant Counfy Attorney
First Amendment
Sunny Isles Lease Agreement
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
BY.,-P' /// y
CARLO A. GIMEN A U R I C L L. A L I V i I`
MAYOR DEPUTY MAYOR
M IAM I-DADE CTlf H_
CITY OF SUNNY ISLES BEACH,
a Florida Munici Organization
r , By:
GEORGE "BUD" SCHOLL
MAYOR
Page 2 of 2
9
ACCOMPANY LEC,AL DESCRIPTION
FOR SEWAGE PUMP, STATION No..3o.1
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487" STREET, SUITE 3M.013RAL, FLORIDA 33166' PHONE000463.0912';FAM30W513.5,690 - WWW.LONGITUDESURVEYORS.COM
IA JOBNO.1540JA.01 PACF70F3
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LANDSCAPE FOR SEWAGE PUMP STATION No. 3011
REVISED EXHIBIT "B"
LEGAL IDESCOPRON
A PORTION OF
sUBbivis tcoRtor ON
ISO;
fW to the PqWT.qF BEGINNING.
Said lands contahng 10,754,square f0df or: 0-247 acres more or Iasi, by 6aidulations.
PUBLIC
of
L.Wr4%jl I %JlJr- SURV E Y 0 Rs
7769 NW 49TH STREET, SUITE 516, DORAL, FLORIDA 33166 - PRONE:(305 465-0912 ' FAX:000513-5680 1 WWW.LONGITubEsuRvaYoRs.com
11 jOQ 11Q.15401.0 I . I Ol PAGE 2 Of 3
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LANDSCAPE AT SEWAGE PUMP STATION No. 301
REVISED EXHIBIT 1111311
N
0
SUNNY ISLES-BBLVTD)
0
VIS
SUBJECT
O o PROPERTY c=n,
BELLA VISTA BAY K�
LOCATION MAP
(NO! . TO SCALE)
SOURCES OF,DATA,
The Legal DescrfpJIon,of the'Sublect Parcel was qenqrqled from the followl6g recoid plat
Plat of SECOND REVISED,PLATOF DELLA VISTA SUBDIVISION" recofele.d InPlal Book SO, of Page 76of the Public Records of Mlarnl-Dode County, figrido.
In addit - ton, lhelallowing documents were reviewed lot fhepreparallon of this Sketch and Legal Description:
41 Topographic
opodr , cohl . i Survey pie,pated by Longitude Surveyors, I.Lt. for CD
D 5.9 Proposed new sanitary sower pump staiffdri for the Mldnil Ddd6 Depa"Milt (WASID),
located at 350 Sunny Isles Boulevard, Sunny Isles Beach, Florida 33160, With a date of August 27.2015.
b) F.D.O.T. Right Of Way Map Section 87170 - 2517, Sheet 2 Of 8
6eadngs as shown hereon ore based upon the cenleillne of Sunny Isles boulevard SSA K&) Edilbo"uh- dj, with an assumed bearing of NOI *48'2#.W, said 1166 to be -
considered o wei estabrished and monumenled M6.
LIMITATIONS:
No lr)1afMRRqn was provided as to the e�iisfence :or any poseriiehti 61herth e alwhplapp 'r on the underfylng Pfotofnec&d. Ple6serater 4ollfidt.1 ffillbil6ri-sill6ifi4th
ears
respect to possible ipstrioloiis of record and utility services.
This document does not represent afield boundary surveyof described property,
0 qrapypart o(pqrqqI'thereof.
fFESTRICTtONSi
SInobbbother informallon wdiaJum,Is4qd oihetthahwhat js'cfiefd In the Sources of Dofd.:Ihe Crient Is herebyOvIsed that there maybe 16991resiotbitions on the;We6l
property thot are not shown on tills Sketch ofcontained within this report that maybe found In the Public Records of Miami -Dade County, Florida orqqyolherpublic
qnp p6ate-enillies as fheirjurisdIctlons may -appear.
SURVEYORS CERTIFICATE:-
1.1h9reby ceffljfy: That this "Sketch to Accompany Legal Descriptlodkond the Survey Map resulting there from was performed under my direction and is. true, and correct to
the best ol"my-knowledge, and better and further, that sold 'Sketch to Accompany Legal Description" meets the Intent of the applicable provisions of the "Standards
Practice for Land Surveying In the Vole of Florida ",pursuant to Rule 5.1-17.053 of the Florida Administrative Code and its Implementing law, Chapter 472.027 of the
Honda statutes.
LONGITUDE SURVEYORS LEC.,:a Florida 1.1rdle
Florida Cerligcoleof A01hortzoll6n Nun
6y;
Eduardo M. Suarez, PSM
RO-grejered SUNeyor and Mapper L S6313
POW* Florida,
Date 31tanalure:
Not Valid Without the signafure and original rolled s).1 Of a Fladda Llcbr5sed Surve0ofdkii Mapper: Addiflon-s or deletions; 16 SurVdV Map; by other than the signing Party
q.rq prohibited Without the wrilidn cons-stit of Ih6 signing potty,
NOTICE: This document Is not valid, full and complete without all pages. This is n a I a survey
L Vj N 0- 1T 001 E 8 U-R V E Y 0 R S
7769 NW 48tR STREET, SUITE 375; DORAL-, FLORIDA 33166 * PHONE:(305)463-0912 0 FAX-.(305)513-5680 " WWW.LO14GITUUESUR-VEV-O-Rg.COM
I — JOANoi-15401.0.61 PAGE 36F3
� SONNY 75�Ff
a� City of Sunny Isles Beach
n 18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
eo FAO¢ a` (306) 949-3113 Fax
Ty o: Sui A�
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Claudia C. Hasbun, Planning and Zoning Director
DATE: 9/17/2020
RE: FirstAmendment to Lease Agreement with Miami -Dade
County for a Passive Park at 350 Sunny Isles Blvd.
RECOMMENDATION:
This Resolution is presented for your review and approval.
REASONS:
The initial lease agreement was approved by the City Commission on
June 21, 2018 via Resolution No. 2018-2834 for a total square footage
of 17,651 square feet for a Passive Park at 350 Sunny Isles Blvd.
Miami -Dade County Water and Sewer Department (WASD) during the
permitting process discovered the need to adjust an area to provide
sufficient access for maintenance vehicles. Therefore, the City and
WASD have agreed to modify the lease agreement from 17,651
square feet to 17,860 square feet to provide the additional access for
emergency vehicles.
Description
Resolution
First Amendment
Item Number: 10.N.
FIRST AMENDMENT
TO
LEASE AGREEMENT
BETWEEN
MIAMI-DARE COUNTY
AND
CITY OF SUNNY ISLES BEACH FOR A PASSIVE PARK
THE FIRST AMENDMENT ("First Amendment") to Lease Agreement (the "Lease") made on the
day of , 2020 ("Effective Date"), by and between MIAMI-DADE COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as the "LANDLORD", and the CITY OF SUNNY
ISLES BEACH, a Florida municipal organization hereinafter referred to as the "TENANT", and
collectively with the LANDLORD, the "Parties".
WITNESSESTH:
WHEREAS, the Landlord is the owner and operator of a public facility known as the Miami -Dade
Water and Sewer Pump Station No. 301, which is located at 350 Sunny Isles Boulevard, Sunny Isles Beach,
Florida, bearing Folio Number 31-2214-007-0410; and
WHEREAS, on October 2, 2018, via Resolution No. R-1021-18, the Miami -Dade County Board
of County Commissioners approved a Lease Agreement with the Tenant for a Passive Park with a total
square footage. of 17,651 square feet on the western portion of the Miami -Dade Water and Sewer
Department's Pump Station No. 301 site (the "Leased Premises"); and
WHEREAS, in 2014, Miami -Dade County, the United States Environmental Protection Agency,
the Florida Department of Environmental Protection, and the State of Florida entered into a Consent Decree
(the "Consent Decree"), which, among other things, required the Miami -Dade Water and Sewer Department
to establish a Pump Station Improvement Program in order to perform upgrades to the County's wastewater
collection and transmission system, including pump stations and force mains, pursuant to section 24-42.3
of the Code of Miami -Dade County; and
WHEREAS, in order to bring Pump Station No. 301 into compliance with the requirements and
regulations set forth in the Consent Decree, the County must complete improvements to Pump Station No.
301; and
WHEREAS, during the permitting process, the LANDLORD discovered that a minor modification
to the boundaries of the existing Leased Premises in "Exhibit B" to the original Lease Agreement needed
to be modified to provide the LANDLORD with sufficient access for maintenance vehicles for emergency
repairs to the Pump Station No. 301; and
WHEREAS, in exchange for this modification, the LANDLORD has agreed to provide the
TENANT with an additional 209 square feet of land, which will increase the total Leased Premises from
17,651 square feet to 17,860 square feet, as shown on the attached "Revised Exhibit B;" and
WHEREAS, the TENANT agrees to the modification to the Leased Premises as shown in "Revised
Exhibit B,"
NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein,
the LANDLORD and TENANT agree to the following:
First Amendment Page 1 of 2
Sunny Isles Lease Agreement
1. Remove "Exhibit B" and replace it with "Revised Exhibit B.".
All of the terms, conditions and warranties contained in the Lease Agreement are hereby reaffirmed
and shall continue in full force and effect except as specifically modified by this First Amendment.
IN WITNESS WHEREOF, the LANDLORD and the TENANT have caused this First Amendment
to be executed by their respective and duly authorized officers the day and year first above written.
ATTEST:
HARVEY RUVIN, CLERK
DEPUTY CLERK
THE TENANT
(OFFICIAL SEAL)
WITNESS
WITNESS
Approved as to form and legal sufficiency:
Assistant County Attorney
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
CARLOS A. GIMENEZ
MAYOR
CITY OF SUNNY ISLES BEACH,
a Florida MUri1Clp Organization
By:
GEORGE "BUD" SCHOLL
(U " MAYOR
First Amendment Page 2 of 2
Sunny Isles Lease Agreement
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SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LANDSCAPE FOR SEWAGE PUMP STATION No. 301
REVISED EXHIBIT "B"
SUNNY ISLES BOULEVARD
S.R. 826 / EAST BOUND S87°17'40"W
A=01°08,46,'
L=152.80,, R=7,639.44, PUBLIC RIGHT-OF-WAY VARIES
AS PER S.R. 826,
FOOT RIGHT OF WAY MAP SECTION 87 770-2517, SHEET2 OF 8
P
a
a
w
o ty
N
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y � O
L=55.56 R 1,409.50
p=02° 16' 50"
� 5
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LL
S87°32'S5"W 82.13'
v�
NG SOUTHERLY RIW LINE EAST BOUND
SUNNY LEg26 RIGHT O BOULEVARD
8 AP
S81 °53'43' W 220.58'
FD087170 - 2517, SHEET 2
SEC.
220.58'
® EA RIW
EMENT S81°5343'
LANDSCAPE E14.61'
N81 °53'43' E
O PARK L�TTA SUBDIVISION
O ALAMATOFBELL7b
I SECOND REVISED P B 50. PG.
N78°46,00 ,w
L.26.11
8.81
w S02°42'20"E' LANDSCAPE
N S87°17'40"W
v 25.00'
g0.89, Nq3° 5 ? E S7 °Sj�3,F N81°54'27 E
N�9°08'07 E
20.29'
S83°06'39"E
1AKEN ON 07-30.15
N08°07'32"W
10.39'
36,38,
S82°70-78'E
10.58,
S88°53'28"E
LANDSCAPE
38.34' - 57.98'
S86°09'00"E N88°1622'E
EDGE OF WATER TAKEN ON 07-30.15
EDGEOFWp,1ER NORTH GRAND CANAL OF BELLA VISTA BAY
M
a
N
a
N
R/W
7.03'
_S81 °53'43'W
3.01'
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LEGEND:
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
P.B. = PLAT BOOK
PG. = PAGE
SEC. = SECTION
N.T.S. = NOT TO SCALE
P.S. = PUMP STATION
F.D.O.T. = FLORIDA DEPARTMENT OF TRANSPORTATION
GRAPHIC SCALE
F.P.L. = FLORIDA POWER & LIGHT 50
0 25 50
S.R.= STATE ROAD
R/W= RIGHT OF WAY
A= CENTRAL ANGLE
(IN FEET)
L= LENGTH
I inch=50 ft.
R= RADIUS
O.R.B.= OFFICIAL RECORDS BOOK
SEC.= SECTION
� = CENTER LINE
NOTICE: This document is not valid,full and complete without all pages.
This is not a survey
qNGITUDE SURVEYORS
7769 NW 48TH STREET, SUITE 375, DORAL, FLORIDA 33166 * PHONE:(305)463-0912
* FAX:(305)513-5680
" WWW.LONGITUDESURVEYORS.COM
JOB No. 15401.0.01 PAGE 1 OF 3
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LANDSCAPE FOR SEWAGE PUMP STATION No. 301
LEGAL DESCRIPTION
A PORTION OF TRACT ALAMANDA PARK (PUBLIC PARKING), OF "SECOND REVISED PLAT OF BELLA VISTA
SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 50, AT PAGE 76 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at the intersection of the west line of Lot 26 of said Second Revised Plat of Bella Vista Subdivision with
the existing southerly Right of Way Line of Sunny Isles Boulevard (State Road 826) as per the Florida Department of
Transportation Right of Way Map for Section 87170-2517; thence run S81 °53'43"W along the said Southerly Right of
Way Line for a distance of 220.58 feet to the beginning of a tangent curve concave to the northwest, having a
radius of 1,409.50 feet; thence southwesterly 55.56 feet along said curve through a central angle of 0201631" to a
point; thence leaving said right-of-way line run S02042'20"E for a distance of 10.01 feet to the beginning of a
non -tangent curve concave to the northwest, a radial line to said point bears S 05049'27" E from the center of said
curve; having a radius of 1,419.50 feet; thence northeasterly 56.50 feet along said curve through a central angle
of 02016'50" to a point of tangency; thence run N81 °53'43"E for a distance of 214.61 feet; thence run S02042'20"E
for a distance of 7.03 feet; thence run S81 °53'43"W for a distance of 3.01 feet; thence run S02042'20"E for a
distance of 99.31 feet; thence run N86014'15"W for a distance of 159.57 feet; thence run N08007'32"W for a
distance of 10.39 feet; thence run N78046'00"W for a distance of 26.11 feet; thence run S87032'55"W for a
distance of 82.13 feet; thence run S02042'20"E for a distance of 8.81 feet; thence run S87017'40"W for a distance of
25.00 feet; thence run S02042'20"E for a distance of 34.23 feet; thence run N73008'07"E for a distance of 30.82 feet;
thence run S83°06'39"E for a distance of 20.29 feet; thence run N73024'27"E for a distance of 41.53 feet; thence
run S74051'23"E for a distance of 21.94 feet; thence run N81 °54'27"E for a distance of 23.76 feet; thence run
S88°53'28"E for a distance of 10.58 feet; thence run S82010' 18"E for a distance of 36.38 feet; thence run S86009'00"E
for a distance of 38.34 feet; thence run N88016'22"E for a distance of 57.98 feet; thence run S73050'43"E for a
distance of 24.17 feet said point lying on the westerly line of the aforementioned Lot 26; thence run NO2°42'20"W
along the westerly line of said Lot 26 for a distance of 136.11 feet to the POINT OF BEGINNING.
Said lands containing 10,754 square feet or 0,247 acres more or less, by calculations.
NOTICE: This document is not valid, full and complete without all pages.
.)NOTUDE SURVEYORS
7769 NW 48TH STREET, SUITE 375, DORAL, FLORIDA 33166 * PHONE:(305)463-0912 * FAX:(305)513-5680
This Is not a survey
* WWW.LONGITUDESURVEYORS.COM
JOB No.15401.0.01 PAGE 2 OF 3
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LANDSCAPE AT SEWAGE PUMP STATION No. 301
EXHIBIT " B"
>
Q
EAIT Z
J
SUNNY ISLES BLVD O
U
SUBJECT o 0 C) O
O o PROPERTY zo
BELLA VISTA BAY O O
LOCATION MAP
(NOT TO SCALE)
SOURCES OF DATA:
The Legal Description of the Subject Parcel was generated from the following record plat:
Plat of SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION" recorded in Plat Book 50, at Page 76 of the Public Records of Miami -Dade County, Florida
In addition, the following documents were reviewed for the preparation of this Sketch and Legal Description:
a) Topographic Survey prepared by Longitude Surveyors, I.I.C. for CD 5.9 Proposed new sanitary sewer pump station for the Miami Dade Department (WASD),
located at 350 Sunny Isles Boulevard, Sunny Isles Beach, Florida 33160, with a date of August 27, 2015.
b) F.D.O.T. Right Of Way Map Section 87170 - 2517, Sheet 2 Of 8
Bearings as shown hereon are based upon the centerline of Sunny Isles boulevard (S.R 826 / Eastbound), with an assumed bearing of NOl *48'30"W, said line to be
considered a well established and monumented line.
LIMITATIONS:
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.
This document does not represent a field boundary survey of the described property, or any part or parcel thereof.
RESTRICTIONS:
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 this 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.
SURVEYOR'S CERTIFICATE:
I hereby certify: That this "Sketch to Accompany Legal Description" and the Survey Map resulting there from 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 "Standards
Practice for Land Surveying in the State of Florida ", pursuant to Rule 5J-17.053 of the Florida Administrative Code and its implementing law, Chapter 472.027 of the
Florida Statutes.
LONGITUDE SURVEYORS LLC., a Florida Limited Liability Company
Florida Certificate of Authorization Number LB7335
By: Date Signature:
Eduardo M. Suarez, PSM
Registered Surveyor and Mapper LS6313
State of Florida
NOTICE:
Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to Survey Maps by other than the signing party
are prohibited without the written consent of the signing party.
NOTICE: This document is not valid, full and complete without all pages.
This is not a survey
L?448TH
NGITUDE SURVEYORS
7769 STREET, SUITE 375, DORAL, FLORIDA 33166 * PHONE: (305)463-0912 * FAX:(305)513-5680 * WWW.LONGITUDESURVEYORS.COM
JOB No. 15401.0.01 PAGE 3 OF 3
Memorandum M OMDE
Date: September 11, 2020 PRCA
To: Honorable Chairwoman Audrey M. Edmonson Agenda Item No. 3(I)
and Members, Board of Co Commissioners
From: Carlos A. Gime z "
Mayor
Subject: Resolution Appro g the' st Amendment to the Lease Agreement Between
Miami -Dade County and Ci of Sunny Isles Beach for a Passive Park
RECOMMENDATION:
It is recommended that the Board of County Commissioners (Board) approve the attached resolution
authorizing approval of the First Amendment to the Lease Agreement between Miami -Dade County
(the "County") and the City of Sunny Isles Beach (the "City") for a Passive Park located at 350
Sunny Isles Boulevard, Sunny Isles Beach, Florida (the "Leased Premises"). The First Amendment
is attached to the Resolution as Exhibit 1.
SCOPE
The Leased Premises is located in District 4, which is represented by Commissioner Sally A. Heyman.
It is located on the western portion of the Miami -Dade Water and Sewer Department's ("WASD's")
Pump Station No. 301 site located at 350 Sunny Isles Boulevard, Sunny Isles Beach, Florida 33160,
bearing Folio No. 31-2214-007-0410.
FISCAL IMPACT / FUNDING SOURCE:
There is no fiscal impact to the County.
TRACK RECORD/MONITOR:
WASD's Senior Advisor, Lynnette Ramirez, will oversee the implementation of the First
Amendment.
BACKGROUND:
On October 2, 2018, via Resolution No. R-1021-18, the Board approved a Lease Agreement with
the City to allow the City of Sunny Isles Beach to utilize 17,561 t square feet of County -owned
property as a Passive Park. The property, which is not being used by the County, is part of a larger
parcel where WASD Pump Station No. 301 is located.
Consistent with the terms of the current Consent Decree between the County, the United States
Environmental Protection Agency, the Florida Department of Environmental Protection and the
State of Florida (the "Consent Decree"), WASD established a Pump Station Improvement Program
to perform upgrades to the County's wastewater collection and transmission system, including pump
I Resolution No. R-1021-18 contained a scrivener's error throughout the item. It mistakenly indicated that the total
square footage of the Leased Premises was 17,651 when it should have indicated a total square footage of 17,561.
1
Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Page 2
stations and force mains, pursuant to section 24-42.3 of the Code of Miami -Dade County. In order
to comply with the requirements and regulations set forth in the Consent Decree, the County must
complete improvements to Pump Station No. 301.
When the Lease Agreement between the County and the City was approved by the Board in 2018,
WASD was in the design phase of upgrading Pump Station No. 301. During the permitting process,
WASD discovered that a minor modification to the boundaries of the existing Leased Premises was
needed in order to provide WASD with sufficient access for its emergency maintenance vehicles to
carry out the pump station repairs.
In exchange for this minor modification, the County has agreed to provide the City with an additional
299 square feet of land, which will increase the total Leased Premises from 17,561 square feet to
17,860 square feet. The change to the Leased Premises is reflected on the Revised Exhibit B to the
First Amendment.
The term of the Agreement is for 20 years with two 10-year renewal options, and the First
Amendment will not change or affect the term of the Agreement.
In accordance with Resolution No. R-380-17, written notification was provided to Commissioner
Sally A. Heyman in District 4 four weeks prior to the placement of this New Lease Agreement on
any committee or Board agenda.
Because the County needs to modify the boundaries of the Leased Premises in order to carry out the
upgrades needed to Pump Station No. 301, it is in the County's best interest to approve the First
Amendment to the Lease Agreement.
Jack Osterholt
Deputy Mayor
2
MEMORANDUM
(Revised)
TO: Honorable Chairwoman Audrey M. Edmonson
A and Members, Board of County Commissioners
ail rice- i i ms
ity Attorney
Please note any items checked.
DATE: October 6, 2020
SUBJECT: Agenda Item No.
"3-Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
-� 4 Statement of social equity required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote (i.e., 2/3's
present , 2/3 membership 315's - , unanimous , CDMP
7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote
requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote
requirement per 2-116.1(4)(c)(2) _ _) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
3
Approved Mayor Agenda Item No.
Veto
Override
RESOLUTION NO.
RESOLUTION APPROVING THE FIRST AMENDMENT TO
THE LEASE AGREEMENT BETWEEN MIAMI-DADE
COUNTY AND THE CITY OF SUNNY ISLES BEACH FOR A
PASSIVE PARK AT 350 SUNNY ISLES BOULEVARD, SUNNY
ISLES BEACH, FLORIDA, WHICH REVISES THE
BOUNDARIES OF THE PASSIVE PARK AND ADDS 299
SQUARE FEET TO THE PASSIVE PARK; AUTHORIZING THE
COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO
EXECUTE SAME AND EXERCISE THE PROVISIONS
CONTAINED THEREIN; AND DIRECTING THE COUNTY
MAYOR OR COUNTY MAYOR'S DESIGNEE TO PROVIDE A
COPY OF THE FIRST AMENDMENT TO THE LEASE
AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE
CITY OF SUNNY ISLES BEACH TO THE PROPERTY
APPRAISER'S OFFICE
WHEREAS, on October 2, 2018, via Resolution R-1021-18, the Board of County
Commissioners approved a Lease Agreement with the City of Sunny Isles Beach (the "City") for
a Passive Park with a total square footage of 17,561 square feet on the western portion of the
Miami -Dade Water and Sewer Department's ("WASD") Pump Station No. 301 site located at 350
Sunny Isles Boulevard, Sunny Isles Beach, Florida (the "Leased Premises"); and
WHEREAS, to comply with the terms of the current Consent Decree between the County,
the United States Environmental Protection Agency, the Florida Department of Environmental
Protection and the State of Florida (the "Consent Decree"), WASD established a Pump Station
Improvement Program in order to perform upgrades to the County's wastewater collection and
transmission system, including pump stations and force mains, pursuant to section 24-42.3 of the
Code of Miami -Dade County; and
rd
Agenda Item No.
Page No. 2
WHEREAS, in order to bring Pump Station No. 3 01 into compliance with the
requirements and regulations set forth in the Consent Decree, the County must complete
improvements to Pump Station No. 301; and
WHEREAS, during the permitting process, WASD discovered that a minor modification
to the existing Leased Premises was required in order to provide WASD with sufficient access for
maintenance vehicles for emergency repairs to Pump Station No. 301; and
WHEREAS, in exchange for this modification, WASD will provide the City with an
additional 299 square feet of land, which will increase the total Leased Premises from 17,561
square feet to 17,860 square feet; and
WHEREAS, the City has agreed to the modification to the Leased Premises as shown on
"Revised Exhibit B," which is attached to the First Amendmentto the Lease Agreement between
Miami -Dade County and the City of Sunny Isles Beach for a Passive Park, attached hereto as
Exhibit 1; and
WHEREAS, the Board desires to accomplish the purposes outlined in the accompanying
memorandum, a copy of which is incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated in this resolution and are approved.
Section 2. The Board hereby approves the First Amendment to the Lease Agreement
between Miami -Dade County and City of Sunny Isles Beach fora Passive Park, in substantially
the form attached hereto as Exhibit 1 and made a part hereof.
5
Agenda Item No.
Page No. 3
Section 3. The Board authorizes the County Mayor or County Mayor's designee to
execute the First Amendment on behalf of Miami -Dade County, to take all actions necessary to
effectuate the same, and to exercise any and all rights conferred therein.
Section 4. The Board directs the County Mayor or County Mayor's designee to
provide the Property Appraiser's Office with a copy of the First Amendment to the Lease
Agreement between Miami -Dade County and the City of Sunny Isles Beach within 30 days of its
execution.
The foregoing resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Audrey M. Edmonson, Chairwoman
Rebeca Sosa, Vice Chairwoman
Esteban L. Bovo, Jr. Daniella Levine Cava
Jose "Pepe" Diaz Sally A. Heyman
Eileen Higgins Barbara J. Jordan
Joe A. Martinez Jean Monestime
Dennis C. Moss Sen. JavierD. Souto
Xavier L. Suarez
a
and
n
Agenda Item No.
Page No. 4
The Chairperson thereupon declared the resolution dulypassed and adopted this 61h day of
October, 2020. This resolution shall become effective upon the earlier of (1)10 days afterthe date
of its adoption unless vetoed by the CountyMayor, and if vetoed, shall become effective only upon
an override by this Board, or (2) approval by the County Mayor of this Resolution and the filing
of this approval with the Clerk of the Board.
Approved by County Attorney as
to form and legal sufficiency
Sarah E. Davis
MIAMI-DARE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
Deputy Clerk
7
Exhibit 1
FIRST AMENDMENT
TO
LEASE AGREEMENT
BETWEEN
AHAMI-DADE COUNTY
AND
CITY OF SUNNY ISLES BEACH FOR A PASSIVE PARK
THE FIRST AMENDMENT ("First Amendment") to Lease Agreement (the "Lease") made on the
day of , 2020 ("Effective Date"), by and between MIAMI-DARE COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as the "LANDLORD", and the CITY OF SUNNY
ISLES BEACH, a Florida municipal organization hereinafter referred to as the "TENANT", and
collectively with the LANDLORD, the "Parties".
WITNESSESTH:
WHEREAS, the Landlord is the owner and operator of a public facility known as the Miami -Dade
Water and Sewer Pump Station No. 301, which is located at 350 Sunny Isles Boulevard, Sunny Isles Beach,
Florida, bearing Folio Number 31-2214-007-0410; and
WHEREAS, on October 2, 2018, via Resolution No. R-1021-18, the Miami -Dade County Board
of County Commissioners approved a Lease Agreement with the Tenant for a Passive Park with a total
square footage of 17,561 square feet on the western portion of the Miami -Dade Water and Sewer
Department's Pump Station No. 301 site (the "Leased Premises"); and
WHEREAS, in 2014, Miami -Dade County, the United States Environmental Protection Agency,
the Florida Department of Environmental Protection, and the State of Florida entered into a Consent Decree
(the "Consent Decree"), which, among other things, required the Miami -Dade Water and Sewer Department
to establish a Pump Station Improvement Program in order to perform upgrades to the County's wastewater
collection and transmission system, including pump stations and force mains, pursuant to section 24-42.3
of the Code of Miami -Dade County; and
WHEREAS, in order to bring Pump Station No. 301 into compliance with the requirements and
regulations set forth in the Consent Decree, the County must complete improvements to Pump Station No.
301; and
WHEREAS, during the permitting process, the LANDLORD discovered that a minor modification
to the boundaries of the existing Leased Premises in "Exhibit B" to the original Lease Agreement needed
to be modified to provide the LANDLORD with sufficient access for maintenance vehicles for emergency
repairs to the Pump Station No. 301; and
WHEREAS, in exchange for this modification, the LANDLORD has agreed to provide the
TENANT with an additional 299 square feet of land, which will increase the total Leased Premises from
17,561 square feet to 17,860 square feet, as shown on the attached "Revised Exhibit B;" and
WHEREAS, the TENANT agrees to the modification to the Leased Premises as shown in "Revised
Exhibit B,"
First Amendment
Sunny Isles Lease Agreement
1.1
Page 1 of 2
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L,NCITV:DE. S U R V E Y 0 R S
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RORAL, FORIDA SS166 PHONE:M0463-0912 FAX000513-56.6 �l outt k E� �Sx6
10 JOB No. 15401.0.01 PAGE OF
SKETCH TO ACCO
-MPANY LEGAL. DESCRIPTION
LANDSCAPE FOR SEWAGE PUMP STATION No. 301
REVISED EXHIBIT 1111
Udk DtSC R-IPWN
A PORTION OF TRACT ALAMNDA PARKING)., OF ."$ECQN.P.REyP9I?�PLAT : f. BELL.,
SUBDIVISION' ACCORDING TO THE PLAT THEREOF; AS RECORDED IN PLAT BOOK. 50, AT -PAGE 7.6-OF THE PUBLIC
RECORDS:-OFMIAMI-OADE COUNTY, FLOROA, BEING MORE PARTICULARLY [JESCRIBED,AS.FOLLOWS
:
6EGINNING qtthe jhW4ect11or1., Oh , hewest Iine:oof 26 of slid- S-econd. Rev .1 ised MlA Plat d6eliavistasuvlsion with
the existing southerly Right of ny. Isles 9 as per the Florida
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all pages.
it suNey
JNC31TUDE SURVEYORS
77.60 NW WH STREET, SUITE VS, PORAL. FLOPKIA 33166 "' PHONE:(305)463-0912 * FAX:(505)515-5680 - WWW.-LONGITUDESURVEYORS.001m
JOB No.15401.0.01 PAGE 20P 8
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LANDSCAPE AT SEWAGE PUMP STATION No. 301
REVISED EXH.10.11T I 1_1
0 z
SUNNY 18LES.RLVQ 0
LOCATIONMAP
(NOT ' TO SCALE)
SOukdiis &DATA,
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I -
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rdsp to pqstived�frctlorof aTd ufilify
services.
This cjp.qu 'Ontctppp not: represent p field; boundary .survey:af file described property, or any part orporcel t1horof
RESTRICTIONS:
SIjiWnb.%5theNnWr,ndlI($h Vidrb jumflhOd otherlhark what A.c!W in the Sources of Data, iho.C11is P -Ont eireby-odylsed that there may bp legal resiiiclions on thesubjeat
larlop J.. report o:moypp:found.
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NPTICE- This clocunient Is not valid, full and comolete without all pages. This Is not 6 survey
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Lf,VNQ1TUDE SURVEYORS
4� F77�69@48M STREET; SUITE 375, DORALj FLORIDA 33166 PHONE:(.305)463-0912 FAX:(305)513-5680 -WWW.LoNGiTUDESURVEY6Rg.COM
JOBNo:10401.0.61 PAGE 310F3