HomeMy WebLinkAboutReso 2016-2620 RESOLUTION NO. 2016- 2i&2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, RATIFYING A LETTER
AGREEMENT AND PERMANENT EASEMENT AGREEMENT
WITH PRINCE OF SUNNY ISLES, LLC. TO GRANT THE CITY
AUTHORIZATION TO CONSTRUCT A NEW DUMPSTER PAD
FOR PROPERTY LOCATED AT 17395 NORTH BAY ROAD,
SUNNY ISLES BEACH, FLORIDA, ATTACHED HERETO AS
EXHIBIT "A'; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach is in the process of constructing an
pedestrian/emergency bridge connecting North Bay Road between 172nd and 174th Streets to be
used for pedestrian and emergency vehicles only; and
WHEREAS, with the construction of the Pedestrian/Emergency Bridge Project, the
existing dumpster enclosure located near the southwest quadrant of the Winston Towers plaza
will be rendered inaccessible, and in order to mitigate that, the City agreed to construct a new
dumpster enclosure for use near the North Bay Road and 174th Street corner; and
WHEREAS, Prince of Sunny Isles, LLC, agreed to enter into a Letter Agreement and
Permanent Easement Agreement to grant the City authorization to construct a new dumpster pad
for property located at 17395 North Bay Road, Sunny Isles Beach, Florida; and
WHEREAS, the City Commission wishes to enter into the Letter Agreement and
Permanent Easement Agreement for construction of a new dumpster pad.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratifying the Letter of Agreement and Permanent Easement Agreement. The City
Commission hereby ratifies the Letter Agreement and Permanent Easement Agreement with
Prince of Sunny Isles, LLC. attached hereto as Exhibit "A" granting the City authorization to
construct a new dumpster pad for property located at 17395 North Bay Road, Sunny Isles Beach,
Florida.
Section 2. Authorization of City Manager. The City Manager is authorized to do all things
necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 20th day of October 2016.
roY rge H. Scho , Mayor
R2016-Prince of Sunny Isles Ltr Agreement Page 1 of 2
ATTEST:
Jane A. ,ines, MMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Hans Ottinot, City Attorney
Moved by: Ci3PAVA- (tet 01-1>Y14 44.1
Seconded by: Cow'vM. LE V E ni
Vote:
Mayor Scholl SE147 (Yes) (No)
Vice Mayor Gatto ✓(Yes) (No)
Commissioner Aelion ✓(Yes) (No)
Commissioner Goldman ✓(Yes) (No)
Commissioner Levin /(Yes) (No)
R20I6-Prince of Sunny Isles Ltr Agreement Page 2 of 2
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City Commission August 3,2016 ')-OF su"p,Cj
George"Bud"Scholl
Ma/or
Jeanette Gatto Prince of Sunny Isles,LLC
Vice Mayor C/O David Tepper
Isaac Aelion 17395 North Bay Road, Suite 108 __
Commissioner Sunny Isles Beach,FL 33160 - - - - - - - - - - - - - - -
Dana Goldman
Cornmissioner RE: .LETTER AGREEMENT TO GRANT THE CITY AUTHORIZATION TO
Jennifer Levin CONSTRUCT NEW DUMPSTER PAD FOR PROPERTY LOCATED AT 17395 NORTH
Commissioner BAY ROAD,SUNNY ISLES BEACH,FLORIDA 33160.
Christopher J.Russo Dear Mr. Tepper: -- .-
City Manager
Hans Ottinot The City of Sunny Isles Beach is in the process of constricting an emergency pedestrian bridge
City Attorney connecting North Bay Road between 172"d and 174th Streets to be used for pedestrian and
Jane A. Hines emergency vehicles only(the "Emergency Bridge Project"). With the construction of the
City Clerk,MMC Emergency Bridge Project,the existing dumpster enclosure located near the southwest quadrant
of the Winston Tower plaza, will be rendered inaccessible. In order to mitigate that,the City
agrees to construct a new dumpster enclosure for use near the North Bay Road and 174th Street
corner.
This Letter Agreement("Agreement")sets forth some of the general terms and conditions under
which the City of Sunny Isles Beach("City")will construct the new dumpster pad enclosure for
the property located at 17395 North Bay Road, Sunny Isles Beach.
A) The City agrees to construct and bear all cost including obtaining permits and hiring a
qualified Contractor to construct a new dumpster pad enclosure for use near the
intersection of North Bay Road and 174th Street, more specifically-described in the
proposed plans attached as Exhibit"A".
B) The-City shallapply on behalf of the Prince of Sunny Isles, LLC ("Prince") for all
necessary permits for the construction work of the new dumpster pad enclosure.Prince
agrees to execute the necessary permit applications.
' C) The construction of the new dumpster pad enclosure shall comply with all applicable
local,state and national building codes,regulations and ordinances.The dumpster pad
enclosure shall be constructed in a form acceptableand Vtothe satisfaction of-Prince.- _--
D) Subject to obtaining the permit,a Notice to Proceed will be issued.The construction of
the new dumpster pad enclosure shall terminate no later than 90 days after the date of
the Notice to Proceed.
E) In consideration of the Prince's agreement to allow the City to construct a new dumpster
pad enclosure,the City agrees to defend,indemnify.and.hold Price_of Sunny Isles LLC,
its directors,officers and employees harmless from any claims,liabilities and causes of
Exhibit "A"
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CITY OF SUN•
action arising directly or indirectly or may hereafter arise during the construction of the
dumpster pad enclosure.
If the terms and conditions set forth above are satisfactory,please execute and date this letter in
the space provided below and return a fully executed copy for our records at your earliest
convenience.
If you have any questions,please do not hesitate to call.
Sincerely
Christopher J.Russo
City Manager
AGREED TO AND ACCEPTED BY:
B
David Tepper, General IVl er
Date: q/ /oma 1
cc: Hans Ottinot,City Attorney
Stan Morris,Deputy City Manager
Fernando Amuchastegui,Deputy City Attorney
Elka Linton-Dorsett,Capital Projects Manager
• PROJECT SCOPE:
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This instrument prepared by,
And after recording should be returned to:
Hans Ottinot, City Attorney
City of Sunny Isles Beach
18070 Collins Ave
Sunny Isles Beach,FL 33160
(Space Reserved for Clerk of Court)
•
PERMANENT EASEMENT AGREEMENT
THIS ASEMENT AGREEMENT ("The Agreement") is made and entered into as of
�p day of.'.g', x'"016, by and between Prince of Sunny Isles, LLC, a Florida registered
corporation ("Grantor"), having an address of 17395 N Bay Road, Sunny Isles Beach, Florida,
33160, and The City.of Sunny Isles Beach, a Municipal corporation existing under the laws of
the State of Florida ("Grantee"), having an address of do City Manager, 18070 Collins Avenue,
Sunny Isles Beach,Florida 33160.
RECITALS:
• WHEREAS, Grantor is the owner of a certain property situated in Sunny Isles Beach,
Miami-Dade County, Florida, and more particularly described in Exhibit "A" (the "Property")
attached hereto;
WHEREAS, the Grantee is in the•process of constructing an emergency pedestrian
bridge connecting North Bay Road between 172"d and 174x' Streets, to be used for pedestrian and
emergency vehicles only(the"Emergency Bridge Project"); and
WHEREAS, in order to accomplish this objective, the Grantee requires a Permanent
easement to allow grantee's contractor to construct the Emergency Bridge by utilizing a portion
of the property describe in Exhibit"A";
WHEREAS, Grantor has agreed to grant and create, and Grantee, desires to obtain on
the terms and condition hereinafter set forth in the Easement Parcel describe herein. .
NOW THEREFORE, Grantor, in consideration of ten ($10.00) Dollars and for other
good and valuable consideration, the receipt and sufficiency of which are herby acknowledged,
Grantor and Grantee hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein as
if repeated at length.
Page 1 of 4
2. Easement Parcel. The legal description of the Easement Parcel is attached to and
made apart of this Agreement as Exhibit "A", to correctly note the section of Grantor's property
that is encumbered by the Easement Agreement. From and after the date of this Agreement, only
the Easement Parcel shall be subject to, and burdened and encumbered by, the terms and
provisions of this Agreement forever and in perpetuity.
3. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement in
favor of the Grantee over, across, under and through the Easement Parcel solely for the
construction of the Emergency Bridge Project.
4. Maintenance of Easement Parcel. Grantee shall be responsible for maintaining the
Easement Parcel (including any and all improvements which may be constructed thereon from
time to time) after the project is complete.
a. Grantee shall use its best effort to minimize any excessive noise or dust that is
generated from construction activates performed on the Easement Parcel. To
the extent possible, the Grantee shall remedy any noise or dust complaints
filed by the Grantor.
b. Grantee shall take all necessary measures to prevent rodent and vermin
infestation during the construction activates. To the extent possible, the
Grantee shall remedy any complaints filed by the Grantor regarding rodent
and vermin infestation.
5. Compliance with Laws. The beneficiaries of the Easement shall at all times
observe in the use of the Easement Parcel all applicable municipal, county, state and federal
laws, ordinances, codes, statutes, rules and regulations.
6. Reservation. Grantor hereby reserves all rights of ownership in and to the
Easement Parcel which are not inconsistent with the Easement, including limitation: (a) the right
to grant further non-exclusive easements on, over/or across the Easement Parcel, (i.e. utility
easement), (b) the right to use the Easement Parcel for all uses not interfering or inconsistent
with the uses permitted herein.
7. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes,
Grantee hereby agrees, and all parties by virtue of their use of the Easement shall be deemed to
have agreed, to jointly and severally indemnify, defend and hold harmless the Grantor(and all of
its members, officers, directors, employees, successors and assigns) from and against any and all
damages, claims, costs or expensed whatsoever (including all reasonable attorneys' fees and
costs whether suit be brought or any appeals be taken there from)arising from, growing out of or
connecting in any way with any improper use of the Easement. The Grantor hereby agrees, and
all parties by virtue of their of use of the Easement shall be deemed to have agreed, to jointly and
severally indemnify, defend and hold harmless the Grantee (and all of its members, officers,
directors, employee, successors and assigns) from and against any and all liabilities, damages,
claims, costs or expensed whatsoever (including all reasonable attorneys' fees and costs whether
Page 2 of 4
suit be brought or any appeals be taken there from) arising from, growing out of or connecting in
any way with failure of the Grantor to maintain the property adjacent to the Easement Parcel.
8. Enforcement and Attorney's Fees. The provisions of this Agreement may be
enforced by all appropriate actions at law and in equity by the Grantor and/or the Grantee with
the prevailing party in any such actions will reimbursement of reasonable attorneys' fees and
costs incurred at all appellate levels.
9. Construction. The section headings contained in this agreement are for reference
purposed only and shall not affect the meaning or interpretation hereof. All of the parties to this
Agreement shall not be more strictly construed against any one of the parties hereto. In
constructing this Agreement, the singular shall be held to include the plural, the plural shall be
held to include the singular, and reference to any particular gender shall be held to include every
other and all genders.
10. 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).
11. Severability. In the event 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.
12. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
13. Amendments: Termination. No modification or amendment shall be effective
unless in writing and recorded in the Public Records of Miami-Dade County,Florida.
14. Covenant running with the land. This Agreement shall constitute a covenant
running with the land and will be recorded in the Public Records of Miami-Dade County,
Florida. This Agreement shall remain in full force and effect and be binding upon and inure to
the benefit of the parties hereto and their respective heirs, successors, and assigns. This
Agreement shall remain in full force and effect until such time as the project is complete. '
15. Entire Agreement. This Agreement constitutes the entire agreement among the
parties with respect to the subject matter hereof and supercedes all prior agreements,
understandings and arrangements,both oral and written,between the parties with respect thereto.
Page 3 of 4
IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement
Agreement as of the day and year first above written.
GRANTOR:
PRINCE OF SUNNY ISLES,LLC
WITNESS:
Albin - d°11 '
Print Name 614/1,1_ (9-7P4-1-1 G
Title
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
The foregoing Permanent Easement was acknowledged before me this (v day of
veIe stele., 2016, by � /tG( I f,10* , as Di Ner< of Prince of
Sunny Isles, LLC, a Florida corporation, on behalf of said corporation. He/She personally
appeared before me and is personally known to me.
{NOTORIAL SEAL }
Notary:
`,,,aunt;. Print Name: -A `TTS- (rd jj 1}L
fel n NotaryPNETC State. • da
( _ ' �� NotaryPublic, State of Florida
j ,It, co iss;;a 204291 My Commission Expires: FFT3 °oto)L)
��'E''°' �, b 26,2019
Bonded ,.Nationals (litres e Notary Assn.
fir
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Page 4 of 4
- LEGAL DESCRIPTION
PERMANENT MAINTENANCE EASEMENT No. 4
CITY OF SUNNY ISLES BEACH,MIAMI-DADE COUNTY, FLORIDA
A parcel of land being a portion of Lot 3, 'TATUMS SUBDIVISION, according to the plat
thereof as recorded in Plat Book 10, Page 64 of the Public Records of Miami-Dade County,
Florida, said parcel being more particularly described as follows:
COMMENCE at the Southeast corner of Tract "A", WINSTON TOWERS 600, according to the
plat thereof, as recorded in Plat Book 113, Page 81,of the Public Records of Miami-Dade
County, Florida;
THENCE on an assumed bearing of South 86°54'08" West along the South line of said Tract"A"
and the Westerly extension thereof, said South line of Tract"A" being 100.00 feet North of and
parallel with the South line of said Lot 3, TATUMS SUBDIVISION, a distance of 1546.94 feet
to the POINT OF BEGINNING;
THENCE continue South 86°54'08" West continuing along said Westerly extension of Tract
"A" and said parallel line, a distance of 10.00 feet to the East right-of-way line of North Bay
Road;
THENCE North 03°05'52" West along the said East right-of-way line of North Bay Road, a
distance of 235.00 feet to a point of curvature of a tangent curve concave to the Southeast;
THENCE Northerly and Northeasterly continuing along said East right-of-way line, along the
arc of said curve to the right, having a central angle of 53°0703" and a radius of 25.00 feet for an
arc distance of 23.18 feet to a point on a non-tangent line, said line being 10.00 feet East of and
parallel with the said East right-of-way line of North Bay Road;
THENCE South 03°05'52" East along said parallel line a distance of 255.00 feet to the POINT
OF BEGINNING;
Said lands situate in the City of Sunny Isles Beach, Miami-Dade County, Florida, containing
2,490 square feet, more or less.
•
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Prepared by:
CALVIN.GIORDANO&ASSOCIATES,INC.
1800 Eller Drive.Suite 600
Fon Lauderdale.Florida
July II,2016
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SHEET 1 OF 3
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SURVEYOR'S NOTES:
I. Not valid without the signature and original raised seal of a Florida Licensed Surveyor
and Mapper.
2. Lands shown hereon were not abstracted by the Surveyor, for Rights-of-Way, Easements,
Ownership, or other instruments of record.
•
3. Bearings hereon are assumed and referenced to the South line of Tract"A", WINSTON
TOWERS 600 as recorded in Plat Book 113,Page 81 of the Public Records of Miami-
Dade County, Florida, having a bearing of South 86°54'08" West.
CALVIN, GIORDANO & ASSOCIATES,INC.
&)Zr=e---
Steven M. Watts;PSM .
Professional Surveyor and Mapper
Florida Registration Number 4588
•
•
•
Prepred by.
CAI.NN.GIORDANO h ASSOCIATES.INC.
ISO Mir MIS's,Suite 600
Fiat La iderdale Raids
July 11:2016
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SHEET 2 OF 3
SKETCH AND DESCRIPTION
PERMANENT MAINTENANCE EASEMENT NO. 4
N.E 174TH STREET
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586'54'08"W SE CORNER
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• ,• .: . : ••• 1` GATE CAO FILE
Certificate of Aulhoriralion`6?91 SUNNY ISLES BEACH, FLORIDA 07/07/2016Y 3
OFFICE USE ONLY
Of.----:#
SJN'rsr(Fr PERMIT APPLICATION oiffier °�
Process Na
,./ City of Sunny_Isles Beach o,le smndl,ea
+ ►' .• +: Building Department
• ;' 16070 Collins Avenue•
Type Code
4', ''•,LO - Sunny Isles Beach,FL 33160 Pernik Clerk
c-lr'orsoN'+o Telephone:(305)947-2150•Fax:(305)792-1567
.Location_of Improvements .. •-;,Owner-Information
bbMdress .. Name -
17395 N.-Bay Road Sunny Isles Beach, FL 33160 prince of Sunny Isles LLC c/o Jeffery Feinberg Esq
'Folin Runner Master Permit No. Address
31-2211-0004-0222 '4000 'Hollywood Blvd. #350 Hollywood, FL 33121
Lot , - ..-- - Bock —_V TelephoneNsm+ber Fax Number —
i Tatums,Sub-Govt Lot 6
C(areN Use of Property Proposed Use Of Properly • Proposed Use d Property • •
1813-Office�.Bldg:.-•-Multistory office 1813 Office Bldg - Multistory office 1813 Office Bldg - Multistory office
'Contractor Information, .- •
I Compers9 Neme QuaGrsers'Name.•••"- Complete Address
'west^:Construct ion-, ,Inc. Mat thew<F._*est .318 South-Dixie,H Suite•.4-5.Lake.Waith, -F1 33460
License Number E-Mail Address - • 'Phone Number Fax Number -
,CGC1516626 tsip
mweswestconstructioninc.net 561-588-2027 ' 61-582-941S
.;Type ofImprovermerit =
DesapBoriof Work(BE`SPECIFIC)"• • "
. Canstru..a oii'of•.ia"dumpster enclosure.
.�®D Bpon j .:1-'value of all Work -- TyPe of Constnutiort No:of Units • Group Occ
4000 MuIti,Faaily 63-100 o/i1 -$12,654`.00_ - 'General :' _ - - -
Scpxe Feel -'• Linear Feet T-Gallons • No.of Floors' Bldg.Height
365 �.I• 6. ft
,Ched(ell the items below that apply(PERfdIT.WILL COVER CHECKED ITEMS ONLY) .
- - - -
.Permit Type Change to Existing Permit
o New Construction on Vaant -O Saeen tmdosurs .0 Shell Only O Signs K lluiIdb- `O Change Contractor • .
O Repair •
D Add tinAlladsed 0Roo fag O Revrsbn
o
❑pedicel ,
O Alte atiar lnterlw ,E•rdens'on
❑Demobt,ar O Addlron DelafieC •-O SvnmrningPoolfSpa �OMedrarfcal • �����`.
AIlaallon Extetbr•.t •O ShedrPrefab . D Awnirig/Canopy O HurrlciMe Shutters O PMnbing p Supplement
:f
: O.Emergency Generator•. O Seawall.. O Ferang. 0 Doors end Wosdows O PublI Works . O Re-Inspection.
.6.Stioi-/Draving D Landscaping 0 Permit Renewal
' ' e
Architect/Engineer'Information Flood;criterla : ; ; -
Fbod Zone F B E. Panel Map No Dale
..
AddBss • I: cr j r • Improvement Ratio Zlp
• 318 Soiith IDixie.:Hwy•Suite 4 .5.Lake Worth, Fl 33460 .. ;:•:,,,,,,,,.::.--..,,,F.3,.. . c - • - . ,
•
-Teleptgne(-,561 .)588 2027 Fax(•561 )582-9419 rr
•CerticaOsNo
::Affidavits
City of Sunny Isles Beach
ti 18070 Collins Avenue
" ' Z Sunny Isles Beach, Florida 33160
- • way.
1f 1 F 'C.,9w F (305)947-0606 City Hall
},9
r'o� 5,,t4 " (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 10/20/2016
Letter Agreement to Grant the City Authorization to
RE: Construct New Dumpster Pad for Property Located at
17395 North Bay Road
RECOMMENDATION:
This Resolution is presented for your approval.
REASONS:
The City of Sunny Isles Beach is in the process of constructing a
pedestrian/emergency bridge connecting North Bay Road between
172nd and 174th Streets to be used for pedestrians and emergency
vehicles only. With the construction of the pedestrian/emergency
bridge, the existing dumpster enclosure located near the southwest
quadrant of the Winston Towers plaza will be rendered inaccessible. In
order to mitigate that, the City agrees to construct a new dumpster
enclosure for use near the North Bay Road and 174th Street corner.
This Letter Agreement sets forth some of the general terms and
conditions under which the City will construct the new dumpster pad
enclosure for the property located at 17395 North Bay Road.
ATTACHMENTS:
Description
Resolution
Letter of Agreement
Item Number: 10.L.
294