Loading...
HomeMy WebLinkAboutReso 2017-2692 RESOLUTION NO. 2017- 7-(di 2- A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF • SUNNY ISLES BEACH, FLORIDA, APPROVING A PERMANENT BEACH RENOURISHMENT EASEMENT AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND GABLES INVESTORS, INC. AND D.P. MONACO, LLC REGARDING THE PROPERTY LOCATED AT 17501 COLLINS AVENUE FOR BEACH RENOURISHMENT PURPOSES, ATTACHED HERETO IN SUBSTANTIALLY THE SAME FORM AS EXHIBIT "A"; APPROVING A WAIVER OF THE PUBLIC BEACH ACCESS REQUIREMENT IN ACCORDANCE WITH SECTION 265-35 OF THE CITY CODE; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City, of Sunny Isles Beach ("City"), Miami-Dade County ("County"), the Florida Department of Environmental Protection ("FDEP") and the United States Army Corps of Engineers ("Corps") have jointly coordinated efforts to conduct beach restoration on eroded beach areas of the City; and WHEREAS, Gables Investors, Inc. and D.P. Monaco, LLC ("Grantors") are the owner and lessee of property located at 17501 Collins Avenue commonly known as the Monaco Hotel situated in Sunny Isles Beach, Miami-Dade County, Florida, (the "Property"); and WHEREAS, in order to accomplish the Beach Renourishment Project, the City requires a permanent easement to allow the City's ("Grantee") contractors, agents, employees and assignees to use the property to gain access to the beach; and WHEREAS, Gables Investors, Inc. and D.P. Monaco, LLC have agreed to grant the City a permanent easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the Permanent Beach Renourishment Easement Agreement. The Permanent Beach Renourishment Easement Agreement for the area commonly known as "Monaco Hotel" located at 17501 Collins Avenue, Sunny Isles Beach, Florida to be used to gain access to the beach for Beach Renourishment Projects, attached hereto in substantially the same form as Exhibit "A" is hereby approved. Section 2. Waiver of the Public Beach Access Requirement. The City Commission hereby approves the waiver of the public beach access requirement set forth in Section 265-35 of the City Code based on a written finding of the Planning and Zoning Director of the City of Sunny Isles Beach. Section 3. Authorization of City Manager and City Attorney. The City Manager and City Attorney are authorized to do all things necessary to effectuate the terms of this Resolution. Approving Permanent Beach Renourishment Easement Agreement I of 2 Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 20th day of April 2017. IP ` F, George . Scholl, Mayor ATTE' :,� .\ t 4– `' �aP - rir Jane"A. Hine_;'f MC, City Clerk \••-1 APPROVEDAPPROVED AS TO FORM AND LEGAL SUFFICIENCY: /Ao/ .1 I Affirm ••ans Ottinot, ity Attorney Moved by: Niqk 11444-16a a(),12 mj1nV Seconded by: COMA. Vote: Mayor Scholl I(Yes) (No) Vice Mayor Goldman V (Yes) (No) Commissioner Aelion- 1141,sNr (Yes) (No) Commissioner Gatto —7–(Yes) (No) Commissioner Svechin ---t(Yes) (No) Approving Permanent Beach Renourishment Easement Agreement 2 of 2 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 BEACH RENOURISHMENT EASEMENT AGREEMENT THIS PERMANENT BEACH RENOURISHMENT EASEMENT AGREEMENT ("The Agreement") is made and entered into as of day of 2017, by and between Gables Investors, Inc. having an address of 3211 Ponce De Leon Boulevard, #301, Coral Gables, FL 33134 and D.P. Monaco, L.L.C. having an address of 18001 Collins Avenue, Sunny Isles Beach, FL 33160 ("Grantors"), 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, Grantors are the owner and lessee 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 part of a consortium of government entities that are involved in a beach renourishment project for the beach in the City of Sunny Isles Beach ("Beach Renourishment Project"); and WHEREAS, in order to accomplish future Beach Renourishment Projects, the Grantee requires a permanent easement to allow Grantee's contractor, agents, and assignees to use the Property described in Exhibit "A"to gain access to the beach. WHEREAS, Grantors have agreed to grant and create, and Grantee, desires to obtain, on the terms and condition hereinafter set forth in the Easement Parcel described herein. NOW THEREFORE, Grantors, in consideration of ten ($10.00) Dollars and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantors and Grantee hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. Exhibit "A" Page 1 of 6 2. Easement Parcel. The legal description of the Easement Parcel is attached to and made apart of this Permanent Beach Renourishment Easement Agreement ("Agreement") as Exhibit "A", to correctly note the section of Grantors' property that is encumbered by this 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. 3. Grant of Easement. Grantors hereby grant to Grantee a non-exclusive permanent easement ("Easement") in favor of the Grantee over, across, under and through the Easement Parcel, as more thoroughly described in Exhibit "A", solely for ingress and egress to gain access to the beach for future Beach Renourishment Projects sponsored by the Grantee, Miami-Dade County, and federal agencies. The Easement shall not be used by the public for any other purposes except for purposes described herein. 4. Waiver of Public Beach Access. As additional consideration for the grant of this Easement, Grantee agrees to waive the public beach access requirement set forth in Section 265- 35 of the City Code for public safety reasons. This waiver is supported by written finding of the Planning and Zoning Director of the City of Sunny Isles Beach as required under Section 265-35 of the City Code. 5. Restoration of Property. Grantee and its agents shall be responsible for restoring the Easement Parcel in the same condition that it was before prior to the use by the Grantee. 6. 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. 7. Reservation. Grantors 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, and (b) the right to use the Easement Parcel for all uses not interfering or inconsistent with the uses permitted herein. 8. 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 Grantors (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. 9. Enforcement. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity by the Grantors and/or the respective fee owners, with the prevailing party in any such actions will reimbursement of reasonable attorneys' fees and costs incurred at all appellate levels. Page 2 of 6 10. 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. 11. 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). 12. 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. 13. Amendments. 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 same is released by the City Commission of the City of Sunny Isles Beach after a public hearing. 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. IN WITNESS WHEREOF, Grantors and Grantee have executed this Permanent Beach Renourishment Easement Agreement as of the day and year first above written. Page 3 of 6 SIGNED, SEALED AND DELIVERED CABLES INVESTORS, INC. IN THE PRESENCE OF: Property Owner By: Name: Name: Title: Name: D.P.MONACO,L.L.C. Lessee By: Name: Title: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2017 by , as on behalf of Gables Investors, Inc. They personally appeared before me and are personally known to me. By: Signature of Notary Public My Commission Expires: Printed, typed or stamp STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2017 by , as on behalf of D.P. Monaco, L.L.C. They personally appeared before me and are personally known to me. By: Signature of Notary Public My Commission Expires: Printed, typed or stamp GRANTEE: Page 4 of 6 THE CITY OF SUNNY ISLES BEACH FLORIDA, a municipal Corporation By: Jane A. Hines, MMC Name: Christopher J. Russo Title: City Clerk Title: City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Hans Ottinot, City Attorney STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing Permanent Beach Renourishment Easement Agreement was acknowledged before me this day of 2017, by , as of The City of Sunny Isles Beach, who personally appeared before me and are personally known to me. By: Signature of Notary Public My Commission Expires: Printed,typed or stamp Page 5 of 6 Exhibit "A" LEGAL DESCRIPTION OF PROPERTY: Page 6 of 6 • SKETCH TO ACCOMPANY LEGAL DESCRIPTION EASEMENT FOR BEACH RENOURISHMENT O. LEGEND: P.O.B. = POINT OF BEGINNING 0 50 100 P.B. = PIAT BOOK O.R.B. = OFFICIAL RECORDS BOOK PG. = PAGE SCALE SEC. = SECTION 1 " = 100' S.F. = SQUARE PEET = CENTERLINE I I I / I `� 15' ACCESS! I �,N trio 50.0' ' EASEMENT I PORTION OF TRACT 4 Jr‘ p w (P.B. 10L PG.64) '. z I v - I O /586° '09'W__5_3 p� N 6°59'061"W 1p 586°53'094 47I .33' / 123.1' o !50.00'I / /_/� // 1 / /. �/ // //_-r/'�' w J _/ / / Z _____j z �v--T 586°53'09'W! 470.20' _ Q I I o cv co w 175th - COASTAL '`_r az z CO I 0 • TERRACE 1 Z Q Q Ill CONSTRUCTION ! -N 0 < 0_ 0 0 EROSION w o z CONTROL LINE 0 �- w > Z w j CONTROL LINE z O = j Q Q o O Q NO (P.B. 74 - PG. 25) (P.B. 134 - PG. 47) Q=J n Q — H c f) ! I Z O Op = Z p U w m m 6- Q PORTION OF TRACT 4 O Q z m I (� I OI O ~ O N O P.B. 101 PG.64) `T p z U '5- z w 0 SOUTH LINE ( BULKHEAD LINE - 1 + Z 1 I O OF TRACT 4 (P.B. 55 - PG. 77) 0 SE I Q 50.0' < z (P.B. 10-PG.64) 7 ! I z CORNER -� `L' TRACT 4 586°53'09"W ~ 4G1).98' I (P.B. 10,) I < 50.00' PG. 64) N86°59'06"�V ! I I I PORTION OFTRACT 3 E I LEGAL DESCRIPTION OF ACCESS EASEMENT: A portion of Tract 4 of "SUBDIVISION OF GOVERNMENT LOT 6 SECTION 2 TOWNSHIP 52 SOUTH, RANGE 42 EAST AND GOVERNMENT LOTS I , 2, 4 AND PORTIONS OF GOVERNMENT LOTS 5 AND G SECTION I I , TOWNSHIP 52 SOUTH, RANGE 42 EAST", according to the Plat thereof as recorded in Plat Book 10, at Page G4 of the Public Records of Miami-Dade County, Florida and being more particularly described as follows: The North 15 feet of the South 200 feet of said Tract 4, being bounded on the West by the Easterly Right of Way Line of Collins Avenue (State Road A I A) and bounded on the East by the Erosion Control Line as shown on the Plat entitled "MAP SHOWING ESTABLISHMENT OF EROSION CONTROL LINE", according to the Plat thereof as recorded in Plat Book 134, at Page 47 of the Public Records of Miami-Dade County, Florida. Containing 7,062 Scivare Feet or 0. 16 Acres, more or less, by calculations. NOTICE:This document is not valid,full and complete without all pages. LONGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 " PHONE:(305)463-0912 • FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM .h.\14619 1300-1370 Monad Terrace\d.g\Sketch and Legals\14619 SL aa,walk strip 04-07-17.dvg 4/12/20,7 10:53:28 AM EDT JOB No.17123.0.00 PAGE 1 OF 2 SKETCH TO ACCOMPANY LEGAL DESCRIPTION EASEMENT FOR BEACH RENOURISHMENT 0 i .,,,c) ;eq. ;E• - ' NT o :. Z III w< 175eq. NI O 0111111111111111 1111111111 //111.1 . . TREE NNW Ma I- w Z �- Q 1. Z J > F __________ - < Q ,,,mr 172ND R a O U MI LOCATION MAP (NOT TO SCALE) PERTINENT INFORMATION USED FOR THE PREPARATION OF THIS DOCUMENT: The Legal Description of the Subject Parcel was generated from the following documents: I. Plat of"'SUBDIVISION OF GOVERNMENT LOT C SECTION 2 TOWNSHIP 52 SOUTH, RANGE 42 EAST AND GOVERNMENT LOTS I. 2,4 AND PORTIONS OF GOVERNMENT LOTS 5 AND 6 SECTION I I,TOWNSHIP 52 SOUTH, RANGE 42 EAST°, recorded in Plat Book 10,at Page 64,Public Records of Miami-Dade County Florida. 2. Plat of°MAP SHOWING ESTABLISHMENT OF EROSION CONTROL LINE°, recorded in Plat Book 134,at Page 47, Public Records of Miami-Dade County Florida. 3. Plat of"COASTAL CONSTRUCTION CONTROL LINE°, recorded in Plat Book 74,at Page 25, Public Records of Miami-Dade County Florida. 4. Plat of'BULKHEAD LINE., recorded in Plat Book 55,at Page 77, Public Records of Miami-Dade County Florida. Bearings shown hereon are based upon the centerline of Collins Avenue with an assumed bearing of NO3°00'54°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. RESTRICTIONS: 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 5.1-17.05 1 through 5J-1 7.052 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 Cert -te o Authorization Number LB7335 ��� /7- By: e: Date: J• e Senas, PSM -gistered Surveyor and Mapper L55938 State of Florida •TICS: 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. LONGITUDE SURVEYORS 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 * FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM J\14619 1300-1370 Monad Terrace Val\Sketch and Legals\14619 SL Boywalk strip 04-07-17.dwg 4/12/2017 10:53:28 AM EDT JOB No.17123.0.00 PAGE 2 OF 2