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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 IP111IM1111! Ill l NIN11111111111 1111 C -Fig! 2F -122R1 -J -3`—E6 -6 -?2 OR BK 33477 F9s 255-1--2567 i11P3s? RECORDED 11 DEED Doc: f H.?. Ch TA, A- $C1.4 HARVEY IRILIV7th Lf_RX 7r ::OURT f 1.1-A11J T _rq)DE i;Mi `i � r IAR.IDA (Space Reserved for Clerk of Court) 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' LU Z w Q 0 L LEGEND: F— P.O.B. v g TATUM'S OCEAN PARK CO. =m O ^I SUBDIVISION OF GOV'T LOT 6 &0'0 8Za5 o ' SEC. 2-52-42 & GOV'T ate° �pY �I h LOTS 1, 2, 4 & PORTIONS woo ZI OF 5 & 6 SEC. 11-52-42 ujzu- QO ,lull z � a. i P.B. 10, PG. 64 W 11 I pow za TRACT 2 W I 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