HomeMy WebLinkAboutReso 2022-3436RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A BUS SHELTER EASEMENT AGREEMENT WITH OCEAN
FOUR CONDOMINIUM ASSOCIATION, INC.; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; PROVIDING THE CITY ATTORNEY WITH THE
AUTHORITY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Ocean Four Condominium Association, Inc. ("Ocean Four") is the fee simple
owner of certain property located at 17201 Collins Avenue, Sunny Isles Beach, Florida (the
"Property"); and
WHEREAS, in connection with Ocean Four's plans to remodel the Property, the
City of Sunny Isles Beach ("City") has requested that the bus passenger shelter located on the
sidewalk adjacent to Ocean Four's Property be relocated on to their Property; and
WHEREAS, as a result of the above, and in consideration of the City's approval of Ocean
Four's building permit, Ocean Four has agreed that the City be granted an easement for the
construction and maintenance of a bus passenger shelter to be located upon the Property as
more particularly set forth in the Bus Shelter Easement, attached hereto as Exhibit "A"; and
WHEREAS, the City Commission is of the opinion that it is in the best interests of the
residents and visitors of the City to approve the Bus Shelter Easement, attached hereto as
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 Easement. The Bus Shelther Easement between Ocean Four
Condominium Association, Inc. and the City of Sunny Isles Beach, attached hereto as Exhibit "A,"
be and the same, is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Easement.
Section 3. Authorization of the City Attorney. The City Attorney is authorized to do all things
necessary to effectuate the terms of this Agreement.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17th day of November 2022.
Dana Robin Goldman, Mayor
R2022 Approve Bus Shelter Easement w Ocean IV Page 1 of 2
APPROVED AS TO FORM
AND LEG FICIENCY:
and A. Dion, City Attorney
Moved by: /SS/O/(iJOW4 Seconded by: U�—
Vote:
Mayor Goldman
Vice Mayor Viscarra
Commissioner Joseph
Commissioner Lama
Commissioner Stuyvesant
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
Yes)
(No)
(Yes)
(No)
R2022 Approve Bus Shelter Easement w Ocean IV Page 2 of 2
This instrument prepared by, and
after recording should be returned to:
Ed Dion, City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles beach, FL 33160
When recorded, return to:
Mauricio Betancur, CMC, City Clerk
Office of the City Clerk
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles, Florida 33160
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BUS SHELTER EASEMENT AGREEMENT
dTHIS BUS SHELTER EASEMENT AGREEMENT (this "Agreement") is made this
y of 2022, by and between OCEAN FOUR CONDOMINIUM ASSOCIATION,
INC. ("Grantor"), having an address of 17201 Collins Avenue, Sunny Isles Beach, Florida
33160, and the CITY OF SUNNY ISLES BEACH, a Florida municipal incorporation,
("Grantee"), having an address of 18070 Collins Avenue, Sunny Isles Beach, FL 33160.
RECITALS
WHEREAS, Grantor is the fee simple owner of that certain property described in Exhibit
A which is attached hereto and made a part hereof by reference (the "Grantor's Property"); and
WHEREAS, in connection with Grantor's plans to remodel Grantor's Property,
Grantee has requested that the bus passenger shelter located on the sidewalk adjacent to the
Grantor's Property be relocated on to Grantor's Property; and
WHEREAS, as a result of the above, Grantee has requested that Grantor grant an
easement for the construction and maintenance of a bus passenger shelter to be located upon
Grantor's Property as more particularly set forth herein;
NOW, THEREFORE, for good and valuable consideration paid by Grantee to Grantor,
receipt of which is hereby acknowledged, Grantor and Grantee hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Grant of Easement and Installation.
Page 1 of 6
a. Grantor does hereby grant and convey to the Grantee and the general public a non-exclusive
easement over, across, and through the Grantor's Property described in Exhibit B, which
is attached hereto and made a part hereof by reference (the "Easement Area") for the
purposes of constructing a bus passenger shelter ("Improvements"), with the right to construct,
improve, add to, enlarge, and change the Improvements within the Easement Area, along with
the right of ingress and egress for the purpose of maintaining the Improvements.
b. From and after the date of recordation of this Agreement, only the Easement Area shall be
subject to, and burdened and encumbered by, the terms and provisions of this Agreement.
c. Nothing in this Agreement shall be deemed or construed to create any rights in favor of
any persons or entities not a party to this Agreement.
d. The Easement Area shall be fully accessible to the public on a 24- hour basis.
3. Maintenance, Repair and Replacement. Grantee shall, at Grantee's sole cost and
expense, install, construct, maintain, repair and replace all Improvements on the Easement Area
in a neat, clean, safe, lien -free and good and workmanlike condition. In the event that Grantee
installs, constructs, maintains, repairs or replaces any of the Improvements, Grantee shall be
obligated to restore the surface condition of the Easement Area and Grantor's Property and
improvements thereon existing prior to such construction, installation, maintenance, repair
and/or replacement. Grantee shall exercise its rights hereunder in a manner that minimizes any
interference with Grantor's use and enjoyment of its property.
4. Reservation of Rights of Ownership in and to Land Underlying Easements. Grantor hereby
reserves all rights of ownership in and to the property underlying the Easement Area which are not
inconsistent with this Agreement, including, without limitation the right to grant further non-
exclusive easements on, over, under and/or across the Easement Area (i.e., utility and/or access
easements).
5. Covenant Running with the Land. This Agreement on the part of the Grantor shall
constitute a covenant running with the land and shall be recorded in the Public Records of Miami -
Dade County, Florida and shall remain in full force and effect and be binding upon Grantor, and
its heirs, successors and assigns (including, without limitation, any condominium associations
or operator of the Grantor's Property) until such time as the same is modified or released at a
public hearing before the City Commission. These covenants, during their lifetime, shall be for the
benefit of, and limitation upon, all present and future owners of the Grantor's Property.
However, nothing contained in this Agreement shall create a public dedication of all or any portion
of the Grantor's Property.
6. Term. This Agreement is to run with the land and shall be binding on all parties and all
persons claiming under it for a period of thirty (3 0) years from the date this Agreement is recorded,
after which time it shall be extended automatically for successive periods of ten (10) years each
unless the Agreement has first been modified or released by the City Commission in the
manner set forth in this Agreement.
7. Modification, Amendment, Release. The easements granted and covenants made in this
Agreement shall not be changed, altered or amended except by instrument in writing executed
by the Grantor or a majority of the then owners and the Grantee and their respective successors and
Page 2 of 6
assigns, provided that the same is also approved by the City Commission. Any ensuing operator or
condominium or master owners' association with valid authority to act on behalf of the majority
of the owners of the Grantor's Property may execute the amending instrument upon submission
of proof of authority to act on behalf of a majority of the owners. Should this Agreement be
so modified, amended or released, the City Commission at a public hearing or such authorized
designee shall forthwith execute a written instrument effectuating and acknowledging such
modification, amendment or release.
8. Enforcement. The provisions of this Agreement may be enforced exclusively by the parties
to this Agreement, by all appropriate actions at law and in equity against any party violating or
attempting to violate any provision of the Agreement. The prevailing party in any such actions
shall be entitled to recover reasonable attorneys' fees or costs incurred at all trial and appellate
levels. Nothing in this Agreement, whether express or implied, confers upon the general public
any enforcement rights against the Grantor. Notwithstanding anything to the contrary, neither party
will be in breach of this Agreement, and no enforcement may be sought against a party through
any means, unless such party (i) receives a written notice from the other party, detailing with
specificity the ways in which such party is in breach of this Agreement, and (ii) fails to remedy
such breach within thirty (30) days from the date of such written notice, or, if the breach is
susceptible to cure but cannot reasonably be cured within thirty (30) days, then within sixty (60)
days from the date of such written notice, provided the breaching party promptly commences and
diligently pursues the curing of such beach within the initial thirty (30) day period.
9. Effective Date. This Agreement will become effective upon recordation in the Official
Records of Miami -Dade County, Florida.
10. Compliance with Laws. The parties to this Agreement shall at all times observe in the use
of the Easement Area all applicable municipal, county, state, and federal laws, ordinances, codes,
statutes, rules and regulations.
11. Indemnification. Grantee agrees to indemnify, defend and hold harmless Grantor, its
Directors, officers, and employees for any claims, losses, damages or injuries to any person arising
from any negligence, willful or intentional acts, or omissions by the Grantee or breach of Grantee's
obligations in connection with construction, operation, use, maintenance, repair or replacement of
the Improvements; provided however the Grantee's indemnification shall not include
indemnification for claims, losses, damages or injuries arising out of the Grantor's negligence,
willful or intentional acts, or omissions. Additionally, and also notwithstanding anything to the
contrary contained herein, the Grantee's indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Section 768.28, Florida Statutes, and nothing in the
indemnification is meant to or shall serve as a waiver of any of the requirements or limitations
contained in Section 768.28.
12. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed
to be cumulative and the exercise of any one or more shall neither be deemed to constitute an
election of remedies, nor shall it preclude the party exercising the same from exercising such
other additional rights, remedies, or privileges.
Page 3 of 6
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 set 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).
14. Severability. In the even any term or provision of this Agreement is determined by
appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its
nearest legal meaning or be construed as such authority determines, and the remainder of this
Agreement shall be construed in full force and effect.
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.
16. Governing Law. This Agreement shall be governed by, enforced, and construed under the
laws of the State of Florida. Venue for all actions, litigation, and/or other proceedings arising out
of this Agreement shall be exclusively in Miami -Dade County, Florida. The parties hereby
knowingly and voluntarily waive the right to a trial by jury of any claim, controversy, or disputed
matter between them arising under, out of or in connection with this Agreement. The prevailing
party in any action, litigation or other proceeding that is based on any claim, controversy or other
disputed matter arising under, out of or in connection with this Agreement shall recover from the
non -prevailing party all fees, costs and expenses (including without limitation, reasonable
attorneys' fees and costs through all trial, appellate and post judgement levels and proceedings)
included by the prevailing party in such action, litigation or other proceeding.
17. Entire Agreement. This Agreement includes all exhibits attached hereto. This Agreement,
together with all such exhibits, contains the entire agreement and understanding between the
parties relating to the subject matter of this Agreement, and all prior or contemporaneous terms,
covenants, conditions, representations, warranties, statements, agreements and understandings
made by or on behalf of the parties, whether oral or written, are merged herein.
18. Non -waiver. The failure of any party to insist in any one or more instances upon strict
performance of any term, covenant, condition or other provision of this Agreement will not be
construed as a waiver or relinquishment of the future enforcement of such term, covenant,
condition or other provision of this Agreement.
19. Counterparts. This Agreement may be executed in multiple counterparts, each of which
individually shall be deemed an original, but when taken together shall be deemed to be one and
the same Agreement.
[SIGNATURE PAGES TO FOLLOW]
Page 4 of 6
Q .i`,
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of ;✓ day
of 21rTO3tE/ ,20-2+.Zy;1Z.
WITNESS:
Print Name: ,S%7,4- A77Z
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
GRANTOR
OCEAN FOUR CONDOMINIUM
ASSOCIATION, INC
Title: T -Q c s /,U e_ 'U 7
Print Name:--5'
ame: — Tr o &- 'L/ 1/ 11es-t d
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me individually, by means of 'Y, physical presence or _ _on line
notarization, by S,c✓rU 4 xa5cy , as a representative of OCEAN FOUR CONDOMINIUM
ASSOCIATION, INC., who is personally known to me or has produced as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this day
of —,c) , 2022. I
[SEAL] Printed Name:
My Commission Expires: 1611,01405
:fir Po^ •. CAMII 0 ANORES PONCE CHAVEZ Notary Public, State of Florida at Large
Notary Public . State of Florida
Commission t GG 335533
My Comm. Expires May t6, 2023
Bonded through National Notary Assn,
Page 5 of 6
IN ITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of t Uday
of M C � 2022.
WITNESS:
Print Name:Am y,/ ?A /C�5
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
GRANTEE
CITY OF SUNNY ISLES BEACH
sem.
Title: ri ' / �1 fr-WA 6 672
Print Name: S MW /14DXr-1 S
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowled ents, the foregoing instrument was
acknowledged before me individually by means of physical presence or _on line
notarization, by as authorized representative of the City of Sunny
Isles Beach, who kpersonally known� me or has produced as identification.
* WITNESS my hand and official seal in the County and State last aforesaid this (� day
of 1�NkMV-j('/f 2022.
[SEAL] Printed Name: HWi ce" dr]
My Commission Expires: I L
Q -AW Pub^ Notary Public State of Florida Notary Public, State of Florida at Large
=
Mayra Aleman
? My Commission GG 941024
Expires 12/18/2023
Page 6 of 6
Exhibit "A"
Legal Description
LEGAL: That portion of the South 300.00 feet of the North 400 feet of Lot 2 of Tatum's
Subdivision, recorded in Plat Book 10 at Page 64 of the Public Records of Miami -
Dade County, Florida, lying East of Easterly Right of Way of State Road A -1-A,
as shown by Plat recorded in Plat Book 47 at Page 101 of the Public Records of
Miami -Dade County, Florida, together with all riparian rights appurtenant thereto.
(The 61 Property")
Exhibit "B"
Easement Area
Legal Description and Illustration
14W li�
SKETCH TO ACCOMPANY LEGAL DESCRIPTION 0 2.5 5
= BUS SHELTER EASEMENT AT 17201 COLLINS AVENUE SCALE: 1"-5'
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LEGEND:
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P.O.B.
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TATUM'S OCEAN PARK CO.
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SUBDIVISION OF GOV'T LOT 6
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8Za5
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SEC. 2-52-42 & GOV'T
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LOTS 1, 2, 4 & PORTIONS
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OF 5 & 6 SEC. 11-52-42
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P.B. 10, PG. 64
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TRACT 2
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1 "P.O.C.
P.O.C. = POINT OF COMMENCEMENT
P,O.B, = POINT OF BEGINNING
P.B. = PLAT BOOK S, LINE OF THE S. 300' OF THE N. 400' OF TRACT 2
PG. = PAGE
R/W = RIGHT OF WAY
F.D.O.T. = FLORIDA DEPARTMENT OF TRANSPORTATION
NOTICE: This document Is not valid, full and complete without all pages.
L� N G I T V D E THIS IS NOT A SURVEY
7769 NW 48TH STREET, SUITE 375, DORAL, FLORIDA 33166 ` PHONE: (305)463-0912 . FAX:(305)513-5680 ' WWW. LONG ITUDESURVEYORS.COM
JOB No. PENDING PAGE 1 OF 3
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
BUS SHELTER EASEMENT AT 17201 COLLINS AVENUE
LEGAL DESCRIPTION:
A parcel of land being a portion of Tract 2 of "TATUM'S OCEAN PARK CO. SUBDIVISION OF GOV'T, LOT 6,
SEC. 2-52-42 & GOV'T. LOTS 1, 2, 4 & PORTIONS OF LOTS 5 & 6 SEC. 11-52-42", according to the plat thereof, as
recorded in Plat Book 10, Page 64 of the Public Records of Miami -Dade County, Florida, and being more particularly
described as follows:
COMMENCE at the point of intersection of the East Right of Way Line of State Road A -1-A (Collins Avenue), as
shown on the Florida Department of Transportation Right of Way Map, Section 87060, prepared by Metric Engineering,
Inc., checked in March, 2004, with the South Line of the South 300 feet, of the North 400 feet of said Tract 2; thence
N 05°12'10" E, along said Right of Way Line, a distance of 75.00 feet, more or less, to the POINT OF BEGINNING;
thence continue N 05°12'10" E, along said Right of Way Line, a distance of 16.00 feet; thence S 84°47'50" E, a distance
of 6.00 feet; thence S 05°12'10" W, a distance of 16.00 feet; thence N 84°47'50" W, a distance of 6.00 feet, to the POINT
OF BEGINNING.
Containing 96 square feet, more or less, by calculations.
NOTICE: This document Is not valid, full and complete without all pages.
L J N G I T U D E S U R V E Y O R S THIS IS NOT A SURVEY
7769 NW 48TH STREET, SUITE 375, DORAL, FLORIDA 33166 ' PHONE: (305)463-0912 ' FAX:(305)513-5680 ' WWW. LONG ITUDESURVEYORS. COM
JOB No. 20419.0.01 PAGE 2 OF 3
tj
L
6 fr�
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
BUS SHELTER EASEMENT AT 17201 COLLINS AVENUE
LOCATION MAP
(NOT TO SCALE)
PERTINENT INFORMATION USED FOR THE PREPARATION OF THI5 DOCUMENT:
The Legal Description of the Subject Parcel was generated from the following documents:
I .Plat of 'TATUM'5 OCEAN PARK CO. SUBDIVISION OF GOVT LOT G SEC. 2-52-42 t GOVT LOTS 1, 2, 4 f PORTIONS OF 5 * G SEC. 1 1-52-42".
recorded in Plat Book 10, at Page G4, Miami -Dade County Public Records.
2.Chent provided CAD File of Site Plan, prepared by ODP Architecture and Design, Inc., dated September G, 2019.
3. F.O.O.T. Right of Way Map, Section 87060, for State Road A- I -A, prepared by Metric Engineering, Inc. checked in March, 2004.
Bearings shown hereon are based upon the East Right of Way Line of State Road A- I -A, with an assumed bearmg of N 05° 1 2' 10" E, said line to be
considered a well established and monumented line,
EASEMENTS AND ENCUMBRANCES:
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 cited above, 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.
This document does not represent a field boundary survey of the described property, or any part or parcel thereof.
SURVEYOR'S CERTIFICATE:
I hereby certify: That this "Sketch to Accompany Legal Description" was prepared 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
of Practice for Land Surveying in the State of Florida", pursuant to Rule 5-1-1 7.05 1 through 5-1-1 7.052 of the Florida Administrative Code and its
implementing law, Chapter 472.027 of the Florida Statutes.
,r� rs.:•il:.,
LONGITUDE SUR`iEYOR,SI.LC.;`a Fhjrida Limited Liability Company
Florida Certificate of Authbrizatiou N ber L57335
By:
Eduardo M.:Suarez, 'SM
Regiskcred•Surveyor and Mapper 1 3
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 signmg party.
NOTICE: This document Is not valid, full and complete without all pages.
L OYNGITUDE S U R V E Y 0 R S THIS IS NOT ASURVEY
7769 NW 48TH STREET, SUITE 375, DORAL, FLORIDA 33166 ' PHONE: (305)463-0912 • FAX:(305)513-5680 " WWW,LONGITUDESURVEYORS.COM
JOB No. 20419.0.01 PAGE 3 OF 3
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Amy Canales, Planning and Zoning Director
November 17, 2022
Bus Shelter Easement Agreement with Ocean Four Condominium Association
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The Ocean Four Condominium Association remodeled their property located at 17201 Collins Avenue
As part of the remodeling project, the City of Sunny Isles Beech requested that the bus passenger
shelter that is currently located on the sidewalk adjacent to the Ocean Four property be relocated to
behind the sidewalk, on Ocean Four's private property. As a result, Ocean Four has requested that the
City grant an easement for the construction and maintenance of a bus passenger shelter to be located
upon their property. Adoption of this resolution will approve the Bus Shelter Easement Agreement.
ATTACHMENTS:
Resolution
Easement Agreement
(,
Item Number: 10.G
61