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HomeMy WebLinkAboutReso 2018-2890 RESOLUTION NO. 2018- at) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING SALE AND PURCHASE AGREEMENT AND RELATED EASEMENT AGREEMENTS BY AND BETWEEN WINSTON TOWERS 600 CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF SUNNY ISLES BEACH FOR THE PROPERTY LOCATED AT 174 STREET AND COLLINS AVENUE, ATTTACHED HERETO IN SUBSTANTIALLY THE SAME FORM AS EXHIBITS "A", "B", "C" AND "D"; PROVIDING THE MAYOR WITH THE AUTHORITY TO EXECUTE SAID SALE AND PURCHASE AGREEMENT; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING DIRECTION TO THE CITY CLERK TO RECORD SAID EASEMENT AGREEMENTS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Winston Towers 600 Condominium Association, Inc. ("Winston Towers") is the owner of a certain property located at 174 Street and Collins Avenue, Sunny Isles Beach, Florida; and WHEREAS, the City desires to construct a Pedestrian Overpass Bridge on 174 Street to connect the west and east sides of Collins Avenue (the "Pedestrian Bridge"); and WHEREAS, the City has negotiated with Winston Towers an agreement for purchase of certain property located on 174 Street and Collins Avenue and related easements necessary for construction of the bridge, and for, landscaping, sidewalk expansion and installation of utilities; and WHEREAS, the City Commission wishes to approve the Sale and Purchase Agreement for the property located at 174 Street and Collins Avenue in substantially the same form as attached Exhibit "A"; and WHEREAS, the City Commission wishes to approve the Easement Agreements for sidewalk expansion, landscaping, installation of utilities, maintenance of the Pedestrian Bridge, in substantially the same form as attached Exhibit "B", "C", and "D". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Sale and Purchase Agreement. The City Commission hereby approves the Sale and Purchase Agreement by and between Winston Towers 600 Condominium Association, Inc. and the City of Sunny Isles Beach for certain property legally described in Exhibit "A". Section 2. Approval of Related Easement Agreements. The City Commission hereby approves the Permanent Easement Agreement, Temporary Construction Easement Agreement and Utility Easement Agreement by and between Winston Towers 600 Condominium Association, Inc. and the City of Sunny Isles Beach are hereby approved in substantially the same form as the attached Exhibit "B", Exhibit "C" and Exhibit "D''. R2018-WT 600— 174 St Pedestrian Bridge Agreements 1 Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Sale and Purchase Agreement. Section 4. Authorization of City Manager. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 5. Direction to City Clerk. The City Clerk is hereby directed to record said Easement Agreements with Miami-Dade County. Section 6. Effective Date. This Resolution shall be effective upon adoption. PASSED AND ADOPTED this 15th day of Novem. r, 20' 8. George H. :choll, Mayor ATILSf• •• 1-010/ • �•; 'Maui cio Be .tcur`, CMC, City Clerk APPROVED AS TO FORM ANI ti• L .UFFICIENCY: iii i!ot, City Attorney Moved by: ISI t6 1111/44 641"41j Seconded by: CjMt Sot e'6104- Gkio Vote: Mayor Scholl I (Yes) (No) Vice Mayor Goldman ---4—(Yes) (No) Commissioner Aelion 1 (Yes) (No) Commissioner Gatto '(Yes) (No) Commissioner Svechin (Yes) (No) — 6511-It0 82018-WT 600— 174 St Pedestrian Bridge Agreements 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE C I t4 , L k121S4 MAILING AD RESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON L 6 I � l/1/� w(1 WHICH I SERVE ISAUNITOF: � 1 1 U j 1�1 t-� CITY ❑COUNTY U OTHER LOCAL AGENCY CITY COUNTY L5(J CO mbc, NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED nnVVnn�\ MY POSITION IS: VELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. • IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST • I, S ' ,\J Z�f-�I 9�1s , hereby disclose that on ' )U\I Y' ( , 20 Ca: (yleasure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, ; inured to the special gain or loss of , by . whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the asure is as follows: COW) av(i)tp6rt, / o l (71 c)(\kfi- io(AO _060,e_6,1,2,04 )1/a---`11(-( If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. l l(O l$ Date Fil Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT OF PURCHASE AND SALE ("Agreement") is made and entered into this _ day of , 2018 by and between WINSTON TOWERS 600 CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation ("Seller") and THE CITY OF SUNNY ISLES BEACH,FLORIDA, a municipal corporation organized under the laws of the State of Florida ("Purchaser"). WITNESSETH: WHEREAS, Seller is the association for the condominium development called Winston Towers 600 Condominium and is the fee simple owner of the Property as legally described in Exhibit"A" ("Property"); and WHEREAS, the Purchaser seeks to acquire the fee simple title and interest in the Property for its Pedestrian Overpass Bridge on 174 Street to connect the west and east sides of Collins Avenue ("Pedestrian Bridge"); WHEREAS, Purchaser, by adoption of Resolution No. has authorized the City Manager and City Attorney to negotiate a purchase of the Property; WHEREAS, Seller desires to sell the Property to Purchaser and Purchaser desires to purchase the Property from Seller in accordance with and subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained herein, and the sum of TEN AND N0/100 DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, do hereby agree as follows: 1. Purchase and Sale. Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, that real property consisting of approximately 2,400 square feet, more or less, from the condominium development commonly called the Winston Towers 600 Condominium, situate, lying and being in the City of Sunny Isles Beach, County of Miami-Dade ("County"), State of Florida, and of which the legal description is set forth in Exhibit "A" attached hereto and made a part hereof("Property") in fee simple, together with all improvements thereon. 2. Grant of Easements. Subject to the conditions and stipulations set forth in the easement agreements and for valuable consideration set forth herein, the Seller hereby grants the Purchaser a permanent non-exclusive easement in, over, under, through and across the easement parcel legally described in Exhibit "B" for pedestrian use, landscaping, installation of Page 1 of 6 EXHIBIT"A" utilities and to construct a pedestrian bridge on 174 Street to connect the west and east sides of Collins Avenue. Further, the Seller hereby grants the Purchaser a temporary non-exclusive temporary construction easement in, over, under,through and across the easement parcel legally described in Exhibit "C" for the construction of the Pedestrian Bridge. This paragraph shall survive closing. 3. Purchase Price. The purchase price ("Purchase Price") to be paid at the Closing by Purchaser to Seiler for the Property and related easements shall be the sum of ON E MILLI ON FIFTY THOUSAND DOLLARS ($1,050,000.00). The Purchase Price is subject to credits, prorations, and adjustments as provided in this Agreement. 4. Security Wall and Landscaping. As a result of a portion of the Winston Towers 600 security wall being acquired, the Purchaser agrees to construct a wall within the property of the Winston Towers 600 to reconnect the Winston Towers 600 security wall. Seller hereby grants to Purchaser a license to enter Winston Towers 600 Condominium Association to construct the new wall. Once the new wall is constructed, Purchaser shall have no further responsibility regarding the new security wall. This paragraph shall survive closing . 5. Real Estate Taxes. Seller is responsible for all taxes due on the Property up to, but not including,the day of Closing. 6. Marketable Title. Seller is responsible for delivering marketable title to Purchaser. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar in accordance with Florida Law subject only to those exceptions that are acceptable to Purchaser. Seller shall satisfy any encumbrances or liens at the time of closing. Seller shall be liable for any encumbrances not disclosed in the public records or arising after closing as a result of actions of the Seller. Seller agrees that it will not take any action after the execution of this Agreement which shall adversely affect the status of title to the Property. 7. Inspection and Testing. Purchaser, its agents, employees and representatives shall, upon reasonable notice, have access to the Property at all times prior to the Closing or earlier termination of this Agreement with full right to: (a) inspect the Property, and (b) to conduct any and all inspections, investigations and tests thereon, including, but not limited to, soil borings and environmental testing. 8. Closing Costs. The Purchaser shall be responsible for closing costs and such costs are subject to review and approval by Purchaser. 9. Closing. The Closing shall be held no later than thirty (30) days from execution ofthis Agreement At Closing, the Seller shall deliver to Purchaser the following documents with respect to the Property: (i) A special warranty deed ("Deed")executed by Seller; Page 2 of 6 (ii) A non-foreign affidavit in a form reasonably acceptable to Purchaser; (iii) If applicable, appropriate evidence that any mortgage or lien on the Property has been satisfied or in the alternative a Quit Claim Deed from the holder of any mortgage or lien releasing their interest in the Property. (iv) If applicable, appropriate evidence of Seller's formation, existence and authority to sell and convey the Property; (v) Executed Public Disclosure affidavit from Seller disclosing each person having a legal or beneficial interest in Seller, and in any entity comprising Seller, in compliance with Section 286.23, Florida Statutes, as it may be amended from time to time; and (vi) Such other documents that Purchaser may reasonably require in connection with the delivery of good and marketable title to the Property from Seller to Purchaser. 10. No Brokers. Seller and Purchaser each represent to the other that it has not dealt with any broker, salesperson or agent in connection with the execution and delivery of this Agreement, and the other party shall not be required to pay any commission whatsoever with respect to this Agreement resulting from the actions of the party making such representations. Seller and Purchaser each indemnify and hold each other harmless from and against any and all claims, losses, costs, damages, liabilities and expenses (including without limitation, reasonable attorneys' and paralegal fees) resulting from a breach by the indemnifying party of the foregoing representation. 11. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed given if delivered by hand, sent by recognized overnight courier (such as Federal Express), transmitted via facsimile transmission or email, or mailed by certified or registered mail, return receipt requested, in a postage pre-paid envelope, and addressed as follows: SELLER: Winston Towers Condominium 600 Association, Inc. C/O Eric P. Stein, Esq. Eric P. Stein P.A. 1820 N.E. 163`d Street North Miami Beach, Florida 33162 PURCHASER: The City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 c/o Hans Ottinot, City Attorney hottinot@sibfl.net Page 3 of 6 With copy to: Harold Rifas, Esq. 7900 Red Road, Suite 10 South Miami, Florida 33143 haroldrifas@att.net 12. Risk of Loss. If,prior to Closing, the Property or any material portion thereof is destroyed or damaged or taken by eminent domain, Seller shall promptly notify Purchaser and Purchaser shall have the option of either: (i) canceling this Agreement by delivery of written notice to Seller and both parties shall be relieved of all further obligations under this Agreement; or (ii) Purchaser may proceed with the Closing, whereupon Purchaser shall be entitled to, and Seller shall assign to Purchaser all of Seller's interest in, all insurance and/or condemnation payments, awards and settlements applicable to the Property. In the event Purchaser elects option (ii) above in connection with casualty to the Property in which insurance proceeds are or will be paid and assigned to Purchaser, then Purchaser shall receive a credit against the Purchase Price for any insurance deductible that must be paid. 13. Miscellaneous. (a) This Agreement shall be construed and governed in accordance with laws of the State of Florida and in the event of any litigation hereunder, the venue for any such litigation, shall be in Miami-Dade County. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. (b) In the event any 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 reconstrued as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. (c) In construing this Agreement, the singular shall be deemed to include the plural, the plural shall be deemed to include the singular and the use of any gender shall include every other gender and all captions and paragraph headings shall be discarded. (d) All of the Exhibits to this Agreement are incorporated in and made a part of this Agreement. (e) This Agreement constitutes the entire agreement between the parties for the sale and purchase of the Property, and supersedes any other agreement or understanding of the parties with respect to the matters herein contained. This Agreement may not be changed, altered or modified except in writing signed by the party against whom enforcement of such a change would be sought. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. (f) This Agreement and any subsequent amendments hereto may be executed in any number of counterparts, each of which, when executed, shall be deemed to be an Page 4 of 6 original, and all of which shall be deemed to be one and the same instrument. Facsimile transmission signatures shall be deemed original signatures. (g) If prior to the Closing, a taking by condemnation or eminent domain shall occur, Purchaser shall have the option to either close the purchase of the Property, in which event Purchaser shall be entitled to the condemnation awards, if any, or Purchaser may terminate this Agreement. Such election shall be made by Purchaser's written notice to Seller within ten (10) calendar days following written notice from Seller to Purchaset informing Purchaser of the takin. If Purchaser shall elect to terminate this Agreement pursuant to this paragraph, the parties shall be relieved of any obligations or liabilities hereunder and the Escrow Agent shall return the Deposit together with any interest accrued thereon to Purchaser. IN WITNESS WHEREOF,the parties have executed this Agreement as of day and year first set forth above. {SIGNATURES ON FOLLOWING PAGE} Page 5 of 6 WINTESSES: WINSTON TOWERS 600 CONDOMINIUM ASSOCIATION, INC. ; as Seller By: (Print Name) President Date executed: CITY OF SUNNY ISLES BEACH as Purchaser By: George "Bud" Scholl, Mayor Date: ATTEST: By: Mauricio Betancur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Hans Ottinot, City Attorney Page 6 of 6 • SKETCH AND LEGAL DESCRIPTION 1 174 STREET BRIDGE PROPOSED WEST LANDING / 4:-•.- - .: .i>,./7--A- _ __. - mi css:÷ \-,____il ....1111 z ,,,‘ . . J < 0. _ , _.. .. s. O •_-_____. is. 0 III . 1 --,.....,! ) __':175iH TE 1 .� ;O. I . _ _ = SUB E - -- _ -- -. PROPERTY 174TH-ST U 0 174TH ST- WINSTON TOWS 8 600 (P.B. 113, PG. ) .. Z TRACT"A" :.Q. Q 0• -J -_ --- - Q U' ,LOCATION MAP SOURCES OF DATA: NOT TO SCALE I.Plat of°WINSTON TOWERS 600',recorded in Plat Book 113,at Page 8 I of the Public Records of Miami-Dade County,Florida. Bearings as shown hereon are based upon the Easterly Boundary Line of Tract'A°of said Plat With an assumed bearing of 502°55'45'W,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. I LIMITATIONS: i 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 the 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"and the Survey Map resulting therefrom 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°Minimum Technical Standards for Land Surveying in the State of.Flonda', pursuant to Rule 5J-17.051 through 5J-17.052 of the Florida Administrative Code and its implementing law,Chapter • 472.027 of the Florida Statutes. LONGITUDE SU:•EYORS LLC.,.a Flon la Li ited Liability Company , Florida Corti ='Authorization N6mber 87335 J By: �1 1, a • .. u Date: 3 v Eduar•o M. !-f °. Registered Surveyor and Mapper L563 13 State,of Ftonda NOTICE: Not valid without the signature an' ,origi al 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 writt ri co -nt of the signing party. NOTICE:This document is not valid,full and complete without all pages. EXHIBIT"A" L$NGITUDE SURVEYORS, LLc 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305) 463-0912 • FAX: (305) 513-5680 • WWW.LONGITUDESURVEYORS.COM JOB No.15296 PAGE 1 OF 3 SKETCH AND LEGAL DESCRIPTION 1 ' 174 STREET BRIDGE PROPOSED WEST LANDING 174th STREET ! • N87°1-T35"E _ — `--- '"-- .\ . O I 0 I. N87°17'35".E _ Q SOUTHERLY RIGHT Of WAY LINE Of DEL T,q I 174th STREET R\�S'�, . NORTHERLY BOUNDARY LINE Of TRACT"A" j,? 09so` . (P.B. 113> PG.8 I) V c..? -c) os o P.O.C. . • WINSTON TOWERS 600 = _____________:1 (P.B. 113, PG. 81) 3 50.0 v o • TRACT "A" o q , ^ I cwt Q I. O 1 r S87/°7_ ___04'15"E,_,40.00' . (�/�- � P.O.B. � j1 �z°g iiIi o 111.--, . • Lus°c5 / / oz • • LEGEND: F.O.C.=POINT OF COMMENCEMENT i')/ • P.O.B.=POINT OF BEGINNING P.B.=PLAT BOOK /// PG.=PAGE N87°045'W .40.00' 50.0 SEC.=SECTION P.O.T.=POINT OF TERMINATION • I . NOTICE:This document is not valid,full and complete without all pages. _ EXHIBIT"A" 1LNGITUDESURVEYORS, LLC • 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305) 463-0912 • FAX: (305) 513-5680 • WWW.LONGITUDESURVEYORS.COM JOB No. 15296 PAGE 2.OF 3 SKETCH AND LEGAL DESCRIPTION • 174 STREET BRIDGE PROPOSED WEST LANDING • • A parcel of land being a portion of tract "A" of "WINSTON TOWERS 600". According to the Flat-Thereof, as recorded in Plat Book 113, Page 81 of the public records of Miami-Dade County, Florida and being more particulary described as follows: • COMMENCE at the southernmost point of curvature of the circular curve at the Northeast corner of said Tract "A"; thence 502°55'45"W along the Easterly line of Tract "A", said line also being the Westerly line of Florida State Road A- I -A, a distance of 25.00 feet to the POINT OF BEGINNING; thence continue 502°55'45"W :along said Easterly line of Tract "A", a distance of 60.00 feet, thence N87°04' 1 5'W a distance of 40.00 feet, thence NO2°55'45"E a distance of 60.00 feet, thence S87°04' 15"E a distance of 40.00 feet to the POINT OF BEGINNING. Containing 2,400 square feet, more or less • 4I NOTICE:This document isnot valid,full and complete without all pages. EXHIBIT"A"1LNCITUDESURVEYORS, LLC 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305) 463-0912 ' FAX: (305) 513-5680 WWW.LONGITUDESURVEYORS.COM JOB No.15296 PAGE 3 OF 3 , t--- -- __ SKETCH AND LEGAL DESCRIPTION "-N\ LANDSCAPE EASEMENT N87°17"35E 'I .' . . 0 - 5017111-57.e.V.IGHT Of WAY LIIIE Of 110F:THERLY•5014110ARY LIIIE OF TRA4.7"A^ 0 25 5Q • , :Q• I\—LJ-t-Itl ' ! 5(.:ALE DELTAF095°38"10" 1" ----- 50 1-,=27.59."' L=4'.73 1 r c, :I s8.790*•.15...!E., • R it.00. pio .) ' . :B... ..„ . 1. --'5C).9' ---?.-= I 1 '', ...... , . . . -... I/1 e:: 1 -7......:' :VI 1 • .-1:i7lp,:, . -.__ •=iik- WINSTON TOWERS 600: 07)I/-70:- 1.1j• 0• 1:',E 11 i: 11q, PG. 81) i•/ ->'Z ' .• IN •:.< ....„..I .. , :-P,' •:',. I ..."ID .': '": TRACT " .7 /1.'l :‹ 4-. .,-) _ ,.. I- ' 2 '0 iii LI•: ...ti ,I '17 CO !-_,.-. 2. 1-- ')-'il. >; 82 tr ,•', 1/: 'q• ,' ,a1„ii. r.2 '. 1g,•-112-7 LEGEND: p.o.c.--POINTOF,OOMMENtEMENT P.O.B.='POINT OF BEGINNINO: P.B.=PLAT BOOK i'll ..- - I. PG.=PAGE SEC.=SECTION l% P.OtT.=POINT OF TERMINATIONOW ,----4;-T :—...------ ---1- . -------. --:-;• 1 587°17'35"W _ _ 50U:1110W Or 11.05 TRACI•F ) NOTICE:This document is not valid,full and complete without all pages. EXHIBIT"B" Lr4e)NGITUDE SURVEYORS, LLC 7715 NW 48TH STREET, SUITE 310. DORAL, FLORIDA 33166 • PHONE: (305) 463-0912 • FAX: (305) 513-5680 • WWW.LONG1TUDESURVEYORS.CCM JOB No.15296.1.00 PAGE 1 OF 3 . . . • --- - • - _______ _ SKETCH AND' LEGAL DESCRIPTION _ LANDSCAPE EASEMENT A'parcel of land being a portion-of Tract "At' of 'WINSTON TOWERS GOO", aCcordinq to the Plat thereof, as recorded in Plat book I I 3, Pace 61 of the public records of Miami-Dade Cbunti. Florida , .1' • and being more particuiariv described as follows: COMMENCE at the southernmost point of curvature of the circular curve at the Northeast corner of said Tract "A"; thence.S.02°55'45" :W along the, Easterly line of Tract "A"csaid line also being the Westerly, line of Florida State Road I ,A, a distance of 85.00 feet to the POINT OF BEGINNING; thence co-ntinue.S.02°55'45" W.along, said fasterly.line:of Tract "A", a distance of 255.40 feet to the Southeast Corner of said Tract "A";. thence-:5 87°1 7135" W, along the Southerly line:of said Tract "A'.',:a.distance,of I I feet;, more or less, to the point of intersection with the Southerly extension.df tne, Easterly face of an 'exiting concrete Oall, thence, Northeasterly, along the.Southerly extension of the. Easterly•face of said ,wall, along the the Easterly face of said _wall', and: alongthe Northerly extension of.the Easterly,face of said wall, a distance of 300 feet, more or less, to the,point of intersection with a line projected westerly from said'POINT Of BEGINNING,and being,perpendiailar to said Easterly line of Tract "Al; thence 587°04' I 5"E, along the:previciusly.described line, a distance of I I feet,.more or- less, to the POINT OF Containing 3.,209 square feet, more or less. EXHIBIT"B" NOTICE:This document is not valid,full and complete without all,pages. LONGITUDE SUR VEYORS, LLC 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305) 463-0912 • FAX: (305) 513-5680 • WWW.LONGITUDESURVEYORS.COM JOB No.15296.1.00 PAGE 2 OF 3 SKETCH AND LEGAL DESCRIPTION LANDSCAPE EASEMENT / -sse-. A93-- , 6 ...,,„‹, . ._,/ z z0 o Q - - LU fj 1 Y- _175'1 H I t v. 1 • ;I. i 174TH ST C, 1 1 1 . 111111111M 74TH ST J WINSTON TOWERS 600 (P.B. 113, P.G.81) Eli ; z • I 1 TRACT"A" > • 1 - Q _ ENT OMill Q 'LOCATION MAP SOURCES OF DATA:_ NOT TO SCALE 1: Plat of*WINSTON TOWERS GOO'.recorded in Plat Book 113:at Page 8 I;of the.Public Records of Miami-Dade County.Florida.. Bearings as shown hereon are.based•upon the Easterly'Bounday Line-o1 Tract°A"of said Plat--with an assumed bearing of 502°55'45'W.said line to be considereda.well -established and:monumented line. ..EASEMENTS AND ENCUMBRANCES:, ,I•to;informatiori-vias 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 passible restrictions of record and utility,services. LIMITATIONS: 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 restrict ons'on the subject 'property that are not shownon the,Sketch;ori contained withinthis repoFt'ttiat maybe found irhthe-Public Pecords.orMiami-Dade County,Florida or any other public and private e'r*WINas Junsdict ons mayappeir. ' This document'does not'represent a Field boundary survey of the described property. or•any part or parcel thereof: SURVEYOP.'S.CERTIFICATE`: • I hereby certify:That this"Sketch to Accompany Legal Description"and the Survey Map resulting therefrom 1•ias.perfo?me''under my directioii.and is true and co-rrect co"the best of my-know edge•and belief and.further, that said'Sketch to-Accompany Legal Description.Meets the intent of,the applicable;provisions of the'Minimum Technical -Standards for Land Surveying_in the State.of Florida.pursuant to'Rule 5J-17'.05'1 through 5J-•l7.052•of,the,Florida Administrative Code and its_implementing law;Chapter I 4,72:027 of'thie:Flbada Statutes. i7..,. I LONGITLIDE'SUR R5' G a Florida G ited 40b1hty Company• ' Florida Certifi 'e uthon.alim7335 '' .. ber . t on! By: •ll Fra ) !.I ;'i ..iJ.(• Date: ill liv i r • €duardo`M•,•Suarez,RSM; Registerr,ed Surveyor,and•Mapper.tS G313'; - -State of Florida NOTICE: Nal valid without the signature nd'orig nal raised teal of a Florida Licensed Surveyor and Mapper.-Additions or deletions to Survey Maps by other than the signing party are-prohibited without the ten consent of the signing party. NOTICE:This document is not valid,full and complete without all pages. EXHIBIT"B" L r4ONGITUDE S U R V E Y R S, L L C 7715 NW 48TH STREET. SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305).463-0912 • FAX: (305) 513-5680 • WWW.LONGITUDESURVEYORS.COM JOB No. 15296.1.00 PAGE 3 OF 3 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 PERMANENT EASEMENT AGREEMENT ("The Agreement") is made and entered into as of day of ,. 2018, by and between Winston Towers 600 Condominium Association, Inc., A Florida registered Condominium ("Grantor"), having an address of 210-174 Street, 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" attached hereto (the"Easement Parcel"); and WHEREAS, the Grantee is seeking to construct a Pedestrian Overpass Bridge connecting west side of Collins Avenue to the east side of Collins Avenue to be used for pedestrians (the"Pedestrian Bridge"); and WHEREAS, the Grantee requires a permanent easement to expand the existing sidewalks and for the construction and maintenance of the Pedestrian Bridge; and WHEREAS, Grantor has agreed to grant and create, and Grantee, desires to obtain an easement, on the terms and condition hereinafter set forth in the Easement Agreement described 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 hereby 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 5 Exhibit "B - 2. Easement Parcel. The legal description of the Easement Parcel is attached to and made apart of this Permanent Easement Agreement ("Agreement") as Exhibit "A", to correctly note the section of Grantor's 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. Grantor hereby grants 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", for the construction and maintenance of the Pedestrian Bridge. The Grantor further grants to Grantee the permission to use the Easement Parcel to install landscaping, sidewalks, utilities and street furniture. 4. Improvements. Grantee agrees to construct the following improvements on the Grantor's Easement Parcel and adjacent area: a) sidewalks; b) landscaping; and c) installation of utilities and street furniture. 5. Restoration of Property. Grantee and its agents shall be responsible for restoring the Grantor's property in the same or similar condition that it was before the construction of improvements set forth in Section 4. 6. 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 conclusion of the activities described in Section 4 above have been complete. Notwithstanding the foregoing, the Grantee shall be required to restore any property damaged during the construction of the Pedestrian Bridge. Additionally, Grantee agrees to the following: a. Grantee shall use its best effort to minimize any excessive noise or dust that is generated from construction activities 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 activities. To the extent possible, the Grantee shall remedy any complaints filed by the Grantor regarding rodent and vermin infestation. 7. 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. 8. 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, and (b)the right to use the Easement Parcel for all uses not interfering or inconsistent with the uses permitted herein. Page 2 of 5 9. 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 Parcel 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 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 Easement Parcel. 10. Enforcement. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity by the Grantor 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. 11. 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. 12. 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). 13. 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. 14. Amendments. No modification or amendment shall be effective unless in writing and recorded in the Public Records of Miami-Dade County, Florida. 15. 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 Page 3 of 5 Agreement shall remain in Pall 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. 16. 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, Grantor has executed this Permanent Easement Agreement as of the day and year first above written. GRANTOR: WINSTON TOWERS 600 CONDOMINIUM ASSOCIATION,INC. By: Title: Witness: Print Name Print Name: SPATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE) The foregoing Agreement was acknowledged before me this_day of , 2018, by , as President of Winston Towers 600 Condominium Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation and limited partnership. He personally appeared before me and is personally known to me. { NOTORIAL SEAL } Notary: Print Name: _ Notary Public, State of Florida My Commission Expires: Page 4 of 5 Exhibit"A" LEGAL DESCRIPTION OF PROPERTY: Page 5 of 5 SKETCH AND LEGAL DESCRIPTION CONSTRUCTION EASEMENT A parcel of land being a portion of Tract "A" of "WINSTON TOWERS GOO", according to the plat thereof, as recorded in Plat Book 113, Page 8 I of the public records of Miami-Dade County, Florida and being more particularly described as follows: COMMENCE at the southernmost point of curvature of the circular curve at the Northeast corner of said Tract "A"; thence S 02°55'45" 'vV along the Easterly line of Tract"A", said line also being the Westerly line of Florida State Road A-I -A, a distance of 85.00 feet to the POINT OF BEGINNING; thence continue S 02°55'45" W along said Easterly line of Tract"A", a distance of 299.40 feet to the Southeast Corner of said Tract "A"; thence 5 87°17'35" W, along the Southerly line of said Tract "A", a distance of I I feet, more or less, to the point of intersection with the Southerly extension of the Easterly face of an existing concrete wall, thence Northeasterly, along the Southerly extension of the Easterly face of said wall, along the the Easterly face of said wall, and along the Northerly extension of the Easterly face of said wall, a distance of 300 feet, more or less, to the point of intersection with a line projected westerly from said POINT OF BEGINNING and being perpendicular to said Easterly line of Tract "A"; thence 587°04'1 5"E, along the previously described line, a distance of I I feet, more or less, to the POINT OF BEGINNING. Containing 3,299 square feet, more or less. • NOTICE:This document is not valid,full and complete without all pages. EXHIBIT"A" L$NGITUDE SUR VEYORS, LLC Q15 NW 48TH STREET, SUITE 3W, DORAL, FLORIDA 33166 * PHONE: (305) 463-0912 * FAX:(305)513-5680 * WWW.LONGITUDESURVEYORS.COM JOB No.15296.1.00 PAGE 2 OF 3 • • SKETCH AND LEGAL DESCRIPTION CONSTRUCTION EASEMENT N87°17'35"E I R/w 0 5 ThNsERLY RIGHT OF WAY UNE OF 174th STREETP,O, NORTHERLY BOUNDARY UNE OF TRACT'A' (P.B. 113,PG.81) 50.O,0' 0 25 50 1 vi0 R=25.00' 00 I SCALE DELTA=095°38'10" I 1" = 50 T=27.59' • L=41.73' 'I IN II I S87°04'15"E o 11.00' P.O.B. I i • —50.0'---_' • O' I Q 11 .Ncri' o j Q WINSTON TOWERS 600 mo a w O (P.B.113, PG. 81) Lut I" ..,--> Z I TRACT"A" tin) ZO "' z loO ~ it0 joo o[>- w Fw 3Q i o ~ �`� OLna-- y0 tli,p.:• LEGEND: P.O.C.=POINT OF COMMENCEMENT P.O.B.=POINT OF BEGINNING J I P.B.=PLAT BOOK PG.=PAGE SEC.=SECTION P.O.T.=POINT OF TERMINATION RAV S87°17'35"WJ Boum UNE of 11.05' TRACT'A' NOTICE:This document Is not valid,full and complete without all pages. EXHIBIT"A" LONGITUDE SU RVEY0RS, LLC . 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 ' PHONE: (305)463-0912 " FAX: (305)513-5680 • WWW.LONGITUDESURVEYORS.COM JOB No.15296.1.00 PAGE 1 OF 3 SKETCH AND LEGAL DESCRIPTION. . CONSTRUCTION EASEMENT p . / 4, kill T ________�nV • JJZZ0 J Q U. , 175TH• II.1O 1 1 174TH ST I U • • 174TH ST WINN TO600 • (p,B,STO113,WERS PG.81) z • TRACT"A" Q Q IMO J J z I- SUBJECT. iiiii- No ,--I U LOCATION MAP SOURCES OF DATA: NOT TO SCALE .Plat of WINSTON TOWERS 60CP,recorded in Plat Book 113,at Page 81 of the Public Records of Miami-Dade County,Florida. Bearings as shown hereon are based upon the Easterly Boundary Line of Tract°A°of said Plat with an assumed bearing of 502°55'45W,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 Flat 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 in the Sources of Data,the Client is hereby adased that there may be legal restrictions on the subject property that are not shown on the 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`eld boundary survey of the described prc,-erty,or any part or parcel thereof. SURVEYOR'S CERTIFICATE: I hereby certify:That this'Sketch to Accompany Legal Description'and the Survey Map resulting therefrom 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'Minimum Technical Standards for Land Surveying in the State of Florida',pursuant to Rule 5J-17.05 I through 5J-17.052 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 Certificate of Authorization Number L87335 By: Date: - Eduardo M.Suarez,PSM, Registered Surveyor and Mapper 1563 13 State of Florida NOTICE: Not valid without the signature and original raised seal of o 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. EXHIBIT"A" L$NGITUDE SURVEYORS, LLC 7715 NW 481H STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305)463-0912 ' FAX: (305)513-5680 * WWW.LONGITUDESURVEYORS.COM JOB No.15296.1.00 PAGE 3 OF 3 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) TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("The Agreement") is made and entered into as of day of , 2018, by and between Winston Towers 600 Condominium Association, Inc., A Florida registered Condominium ("Grantor"), having an address of 210-174 Street, 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 c/o 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" attached hereto (the "Easement Parcel"); and WHEREAS, the Grantee is seeking to construct a Pedestrian Overpass Bridge connecting west side of Collins Avenue to the east side of Collins Avenue to be used for pedestrians(the"Pedestrian Bridge"); and WHEREAS, the Grantee requires a temporary construction easement to allow Grantee's contractor to construct and maintain the Pedestrian Bridge; and WHEREAS, Grantor has agreed to grant and create, and Grantee, desires to obtain an easement, on the terms and condition hereinafter set forth in the Easement Agreement described 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 hereby 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 5 Exhibit,"C" 2. Easement Parcel. The legal description of the Easement Parcel is attached to and made apart of this Temporary Construction Easement Agreement ("Agreement") as Exhibit "A", to correctly note the section of Grantor's property that is encumbered by this Agreement. From and after the date of this Agreement, only the,Easement Parcel arcel sha,1 l be subject to, and burdened and encumbered by, the terms and provisions of this Agreement. 3. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive temporary construction easement ("Easement") in favor of the Grantee over, across, under and through the Easement Parcel, as more thoroughly described in Exhibit "A", for the construction and maintenance of the Pedestrian Bridge. 4. Restoration of Property. Grantee and its agents shall be responsible for restoring the Grantor's property in the same or similar condition that it was before the construction of the Pedestrian Bridge. 5. Maintenance of Easement Parcel. Grantee shall be responsible for maintaining the Easement Parcel during the construction of the Pedestrian Bridge. Further, the Grantee shall be required to restore any property damaged during the construction of the Pedestrian Bridge. Additionally, Grantee agrees to the following: a. Grantee shall use its best effort to minimize any excessive noise or dust that is generated from construction activities 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 activities. To the extent possible, the Grantee shall remedy any complaints filed by the Grantor regarding rodent and vermin infestation. 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. 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, 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 Parcel 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' • Page 2 of 5 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 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 Easement Parcel. 9. Enforcement. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity by the Grantor raraor u;. /or the respective fee owners, with the e prevailing party in any such actions will reimbursement of reasonable attorneys' fees and costs incurred at all appellate levels. 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 terminate automatically upon the issuance of a Certificate of Occupancy for the Pedestrian Bridge. 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 5 IN WITNESS WHEREOF, Grantor has executed this Temporary Construction Easement Agreement as of the day and year first above written. GRANTOR: WINSTON TOWERS 600 CONDOMINIUM ASSOCIATION,INC. , • L; Title: Witness: Print Name Print Name: STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE) The foregoing Agreement was acknowledged before me this day of , 2018, by _ , as President of Winston Towers 600 Condominium Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation and limited partnership. He personally appeared before me and is personally known to me. { NOTORIAL SEAL } Notary: Print Name: Notary Public, State of Florida My Commission Expires: Page 4 of 5 Exhibit "A" LEGAL DESCRIPTION OF PROPERTY: Page 5 of 5 • SKETCH AND LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of Tract "A" of"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 and being more particularly described as follows: BEGINNING at the northernmost point of curvature of the circular curve at the Northeast corner of said Tract "A"; thence southeasterly along said curve to the right, having a radius of 25.00 feet, and a central angle of 36°58'06",for an arc distance of 16.13 feet,to the point of intersection with a line that is 12.00 feet west of and parallel with the Easterly line of said Tract "A"; thence S 02°55'45" W along the previously described line, a distance of 46.35 feel;thence N 87°04'15"W, a distance of 28.00 feet; thence S 02°55'45" W, a distance of 60.00 feet;thence S 87°04'15" E, along the previously described line, a di..tanc- of 40.00 feet,to the n^int of intg on with h t=om rly of sai - "A", � u r_ rSuCtl :, use �5�2 ,j a .:u Tract A , said line also being the Westerly Right of Way line of State Road A-1-A(Collins Avenue); thence S 02°55'45" W along the previously described line, a distance of 10.00 feet; thence N 87°04'15' W, a distance of 50.0C feet;thence N 02°55'45" E a distance of 117.65 feet to the point of intersection with the Northerly line of said Tract"A", said line being the Southerly Right of Way line of 174th Street;thence N 87°17'35" E, along the previously described line, a distance of 22.65 feet, to the POINT OF BEGINNING. • Containing 2,957 square feet, more or less. • • NOTICE:This document Is not valid,MI and complete without all pages. EXHIBIT"A" L jNGITUDE S U R V E Y O R S, L L C . 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305)463-0912 • FAX: (305).513-5680 • WWW.LONGITUDESURVEYORS.COM JOB No.15296.1.00 PAW 2 OF 3 • SKETCH AND LEGAL DESCRIPTION 0• TEMPORARY CONSTRUCTION EASEMENT 0 10 20 • SCALE R=25.00' 1" = 20' P.O.B. A=36058'06" • 174th STREET L=16.13' N87°22.65'E N . 1 FAV . /r7 I 1 ER E RIGHT OF WAY LINE O NO 74th STREET // NO BOUNDARY UNE OF TRACT`A 1 F.D. 113.Moll / NI \ / 12.00 50.0` E0 lo WINSTON TOWERS 600 - o (P.6. 113,PG. 81) TRACT°A" // N87004'15W 28.00' Q Q in Oz • Q b 3 ° > Z to UJz,.. Q04 4 HP N z UO Q cN o N tj S87°04'15"E 40.00' 50.0' N87°04'15" 50.00' LEGEND: W P.O.C.=POINT OF COMMENCEMENT 300 • P.O.B.=POINT OF BEGINNING �p P.B,=PLAT BOOK G)— PG.=PAGE o c.=CENTERLINE O R=RADIUS I N L=ARC LENGTH A=DELTA/CENTRAL ANGLE • NOTICE:Thls document Is not valid,full and complete without all pages. EXHI BIT"A" LeNGITUDE SURVEY0RS, LLc 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305) 463-0912 • FAX: (305)513-5680 ' WWW.LONGITUDESURVEYORS.COM JOB No.15246.1.00 PAGE 1 OF 3 SKETCH AND LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT / V U > 6MA MIN Z z0 ' :IIII o Q - ■ w U 175TH TE a SUBJECT EAREMFNT. - - 1111111111 - 174TH ST MNU II IMP [ jsTw )60O Z TRACT"A" > Q 1101Q MIN rn —1 IIIIIIIIIIIIIIII El Mg . .1 O Q U LOCATION MAP SOURCES OF DATA: NOT TO SCALE I.Plat of'NINSTON TOWERS 600',recorded in Plat Book 113,at Page 81 of the Public Records of Miami-Dade County,Florida. Bearings as shown hereon are based upon the Easterly Boundary lune of Tract'A'of said Plat with an assumed bearing of 502.'55'45'W,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 in the Sources of Data,the Client is hereby advised that there may be legal restnctions on the subject property that are not shown on the Sketch or contained within this report that may be found in the Public Records of Miami-Dade County,Flonda or any other public and private entities as their junsdvt!ons 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 certiy:That this'Sketch to Accompany Legal Description'and the Survey Map resulting therefrom 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'Minimum Technical Standards for land Sur.eying in the State of Florida',pursuant to Rule SJ-17.05 I through 5J-17.052 of the Florida Administrative Code and its implementing law,Chapter 472.027 of the Flonda St<atut:&'pA!I'-•r ri LONGITUDE SUR. OR I l�':,,a rlonda(:�rgite .Llabihty Company Florida Certi Ce, 1 'ut .'...(.. .F.73f9}�;1 - k'; By: ._,IAeXIt o ` `. f Date: I 2 ( 8' Eduar2to M.-Suarez,PSM, .' v < Registered gidgeyor arlrt4.Ypprr %31;3 .::1) t u State of Flor a;,', r . ••4'.•'. r NOTICE: Not valid'wltnaut'tho•Anature:uMd prlginal ailed seal of a Rorida Licensed Surveyor and Mapper.Additions or deletions to Survey Mops by other than the signing party are profiib(fed th.vt.thry wr ttei copse r I of the signing party. NOTICE:This document Is not valid,full and complete without all pages. EXHIBIT"A"L$NGITtJDE S U R V E Y O R S, L L c 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA.33166 • PHONE: (305)463-0912 • FAX: (305)513-5680 • WWW.LONGITUDESURVEYORS.COM JOB No.15296.1.00 PAGE 3 OF 3 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) UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT AGREEMENT ("The Agreement") is made and entered into as of day of 2018, by and between Winston Towers 600 Condominium Association, Inc., A Florida registered Condominium ("Grantor"), having an address of 210-174 Street, 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 "Easement Parcel") attached hereto; and WHEREAS, the Grantee is seeking to construct a Pedestrian Overpass Bridge connecting west side of Collins Avenue to the east side of Collins Avenue to be used for pedestrians (the "Pedestrian Bridge"); and WHEREAS, Grantor has agreed to grant and create, and Grantee, desires to obtain, on the terms and condition hereinafter set forth, an easement over, across, and under and through the Grantor's property for the purposes of installing, maintaining and repairing all necessary utility lines,pipes, services and appurtenances. 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. 1 Exhibit "D" 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. 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 purpose of installing, maintaining andior repairing utility lines, pipes, services and all appurtenances thereto including but not limited to electric, phones and cable(the "Utilities"). 4. Restoration of Property. Grantee shall be responsible for restoring the Easement Parcel (including any and all improvements which may be constructed thereon from time to time) in the same or similar condition that it was before if Grantee makes any use of the parcel for installation of Utilities. 5. Maintenance of Easement Parcel. Grantee or its agents shall be responsible for maintaining the Easement Parcel (including any and all improvements which may be constructed thereon from time to time) after the installation of Utilities. 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. 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, including, but not limited to: the development of the property. 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 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 2 and costs. whether 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 Easement Parcel. 9. Enforcement. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity against any party violating or attempting tc violate any provision of the Agreement. The prevailing party in any such actions shall be entitled to recover reasonable attorney' fees or costs incurred at all trial and appellate levels. 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. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Grantor acknowledges that this Agreement is assignable by Grantee without the consent of the Grantor. Grantee may assign its easement rights to third parties including but not limited to Florida Power & Light Company and AT&T. Nothing contained in this Section, however, shall in any way be construed as releasing Grantee's successors and assigns from any obligations to Grantor created by this Agreement or to in any way limit Grantors remedies at law as against such successors and assigns. If necessary, Grantor shall execute any easement agreement from the utility companies based on the rights granted herein. 14. Amendments: Termination. No modification or amendment shall be effective unless in writing and recorded in the Public Records of Miami-Dade County, Florida;provided, however, to the extent that any portion. 15. Entire Agreement. This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supercedes all prior 3 agreements, understandings and arrangements, both oral and written, between the parties with respect thereto. IN WITNESS WHEREOF, Grantor has executed this Utility Easement Agreement as of the day and year first above written. IN WITNESS WHEREOF, Grantor has executed this Utility Easement Agreement as of the day and year first above written. GRANTOR: WINSTON TOWERS 600 • - - -. CONDOMINIUM ASSOCIATION,INC. By: Title: Witness: Print Name Print Name: STATE OF FLORIDA ) )SS. COUNTY OF MIAMI-DADE) The foregoing Agreement was acknowledged before me this day of , 2018, by , as President of Winston Towers 600 Condominium Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation. He personally appeared before me and is personally known to me. { NOTORIAL SEAL } Notary: Print Name: Notary Public, State of Florida My Commission Expires: 4 Exhibit"A" LEGAL DESCRIPTION OF PROPERTY: 5 SKETCH AND LEGAL DESCRIPTION • UTILITY EASEMENT A parcel of land being a portion of Tract-"A" of"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 and being more particularly described as follows: COMMENCE at the northernmost point of curvature of the circular curve at the Northeast corner of said Tract"A";thence southeasterly along said curve to the right, having a radius of 25,00 feet, and a central angle of 36°58'06", for an arc distance of 16.13 feet, to the POINT OF BEGINNING; thence southeasterly along said curve to the right, having a radius of 25.00 feet, and a central angle of 58°40'04", for an arc distance of 25.60 feet,to the point of tangency with the Easterly line of said Tract"A",said line also being the vvcster ly Right of Way line of State Road A-1-A(C oilii.5 Avenue); thence S 02°55'4p" vv along the previously described line, a distance of 25.00 feet;thence N 87°04'15"W, a distance of 12.00 feet; thence N 02°55'45" E, a distance of 46.35 feet,to the POINT OF BEGINNING. Containing 481 square feet, more or less. • • I NOTICE:This document Is not valid,full and complete without all pages. EXHI BIT"A" 1L $NGITUDE S U R V E Y O R S, L L C 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 ` PHONE: (305) 463-0412 ' FAX: (305)513-5680 • WWW.LONGITUDESURVEYORS.COM JOB No.15296.1.00 PAGE 2 OF 3 • ( SKETCH AND LEGAL DESCRIPTION • UTILITY EASEMENT • 0 o io 20 . R=25.00' SCALE e=36°58'06" 1" = 20' P.O.C. L=16.13' 174th STREET f P.O.B. • N87°1/'35"E gm ' R=25.00' !� f / —L-58°41104" SOUTHERLY RIGHT OF WAY LINE OF L=25.60' {OATH STREET / / NORTHERLY Y gOUNDAPY UNE OF TRACT`A" (p a, I 13,PG.b i) CO b W in 50.0' L zo WINSTON TOWERS 60004 CV / 'l////o ( P.S. 113, PG. 81) • TRAOT"A" � Q N87°04'15"W z z Q 12.00' V • " o v '"tu > Z 3¢y ' Q o OIaQ� a N ,~-j205 Q ,, ZO — ,g trl • UAZ O iu 1-- • 2 50,0' LEGEND: P.O.C.=POINT OF COMMENCEMENT P.O.B.=POINT OF BEGINNING P.B.=PLAT BOOK PG.=PAGE • r{,=CENTERLINE R=RADIUS I L=ARC LENGTH A=DELTA/CENTRAL ANGLE NOTICE:This dowment Is not valid,full and complete without all pages, EXHIBIT"A" L O NGITUDE SUR V E Y 0 R S, L L C 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 . PHONE: (305)463-0912 " FAX: (305)513-5680 ' WWW.LONGITUDESURVEYORS.COM JOB No.15296.1.00 PAGE 1 OF 3 .r SKETCH AND LEGAL DESCRIPTION UTILITY EASEMENT r V .1-‘J', 6 � ■ ? Z „II ., 11 Q - � W U 175TH TE 0 SUBJECT EASEMENT-- - 174TH ST U 174TH ST WINTOS 600 (P.B.STON 113,WERPG.81) Z TRACT"A" Q MI Q co MIN J z I-- .:4- 11111 O Q ` U 07. Atol LOCATION MAP SOURCES OF DATA: NOT TO SCALE 1.Plat of'WINSTON TOWERS GOO",recorded in Plat Book 1 13,at Page 81 of the Pubhc Records of Miami-Dade County,Florida. Beanngs as shown hereon are based upon the Easterly boundary Line of Tract'A'of said Plat with an assumed beanng of 502'55'45'W,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 utihty services. LIMITATIONS: 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 the 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: thereby certify:That this'Sketch to Accompany Legal Description'and the Survey Map resulting therefrom 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'Minimum Technical Standards for Land Surveying jii��,�jhe State of Florida',pursuant to Rule 5J-17.051 through 5J-17.052 of the Florida Administrative Code and its implementing law,Chapter 472.027 of the.Flonda;l tcr@d3 t ggpi -cal)l) PA. Rt,''p. LONGITUDE SURV NLlc,iiaiPforl d• i"if,p Liability Company Florida Certified 0 0 8n sjt me trig,:r'l SAS L-7-. `"KP- °j t y° a TO . ati <z Gr°- c II r.' I By: ::_,. • I�: � .� Date: I( L- I Eduardb..tvt��5ss 'ezii, , -5M, 1:S . "'r; Registeredd�Si eyor arirl•tetfa ffer1M563 3'•' State of FIaniAg: d e.w,, '1• ,P,.�',.•a y�: .. .� rri 8b,,, p NOTICE: Not voil'cf Wit)tq°P fete s�lgrtclf re dh 'origin•I raised seal of a Florida Licensed Surveyor and Mapper.Additions or deletions to Survey Mops by other than the signing party ore prohibited Lyi h ui ticie tvritie o enl of the signing party. NOTICE:Thls document Is not valid,full and complete without all pages. EXHIBIT"A"ILØNGITUDE S U R V E Y O R S, L L C 7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE: (305)463-0912 • FAX: (305)513-5680 • WWW.LONGITUDESURVEYORS.COM JOB No.15296.1.00 PAGE 3 OP 3 I SUNY sZ$, Cityof SunnyIsles BeachatycooI Commission j'`9, George"Bud"Scholl,Mayor `9, 18070 Collins Avenue Dana Goldman,Vice Mayor H Isaac Aelion,Commissioner d d ., = Sunny Isles Beach, Florida 3�160 Jeanette Gatto,Commissioner * ( (305)947-0606 City Hall Larisa Svechin,Commissioner * r `�9" ,.- P* (305)949-3113 Fax Christopher J.Russo,City Manager yF91* FLoIL\ I," Hans Ottinot,City Attorney C.17-/' of suN Mauricio Betancur,CMC,City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager DATE: November 15, 2018 RE: Resolution approving a Sale and Purchase Agreement and related Easement Agreements for a Pedestrian Bridge on 174th Street and Collins Avenue RECOMMENDATION: This Resolution is presented for your consideration and approval. REASONS: In the recent past, the Mayor and City Commission adopted an initiative to make Collins Avenue safer for pedestrians. This initiative includes constructing several pedestrian bridges on Collins Avenue to facilitate pedestrian mobility. To accomplish the objective, the City needs to acquire a parcel of land located on 174th Street which is owned by Winston Towers 600 Condominium Association, Inc. ("Winston Towers"). Additionally, the City needs to obtain easements rights necessary for the construction of the bridge, and for, landscaping, sidewalk expansion and installation of utilities. The City has negotiated with Winston Towers the following agreements: (1) Sale and Purchase Agreement for purchase of the property located on 174th Street; (2) Permanent Easement Agreement for sidewalk expansion, landscaping and maintenance of the bridge; (3) Temporary Construction Easement Agreement to allow the City's contractor to construct the bridge; and (4) Utility Easement Agreement for the purpose of installing, maintaining and repairing all necessary utilities. The price to be paid to Winston Towers for the property and all related easements is One Million Fifty Thousand Dollars ($1,050.000.00). This Resolution will authorize the Mayor to execute the Sale and Purchase Agreement in substantially the same form as attached Exhibit "A". The Resolution will also approve related Easement Agreements in substantially the same form as attached Exhibits "B", "C" and "D". City Commission Approving 174th Street Pedestrian Bridge Agreements 5,3%.,NY fs, City of Sunny isles Beach 70 18070 Collins Avenue - - U �` ; Sunny.Isles Beach, Florida 33160 'P9y' jc4F (305)947-0606 City Hall OF soh'3' (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager DATE: 11/15/2018 Resolution Approving a Sale and Purchase Agreement RE: and Related Easement Agreements for a Pedestrian Bridge on 174th Street and Collins Avenue RECOMMENDATION: This Resolution is presented for your consideration and approval. REASONS: In the recent past, the Mayor and City Commission adopted an initiative to make Collins Avenue safer for pedestrians. This initiative includes constructing several pedestrian bridges on Collins Avenue to facilitate pedestrian mobility. To accomplish the objective, the City needs to acquire a parcel of land located on 174th Street which is owned by Winston Towers 600 Condominium Association, Inc. ("Winston Towers"). Additionally, the City needs to obtain easements rights necessary for the construction of the bridge, and for, landscaping, sidewalk expansion and installation of utilities. The City has negotiated with Winston Towers the following agreements: (1) Sale and Purchase Agreement for purchase of the property located on 174th Street; (2) Permanent Easement Agreement for sidewalk expansion, landscaping and maintenance of the bridge; (3) Temporary Construction Easement Agreement to allow the City's contractor to construct the bridge; and (4) Utility Easement Agreement • for the purpose of installing, maintaining and repairing all necessary utilities. The price to be paid to Winston Towers for the property and all related easements is One Million Fifty Thousand Dollars ($1,050.000.00). . _ This Resolution will authorize the Mayor to execute the Sale and Purchase Agreement in substantially the same form as attached Exhibit "A". The Resolution will also approve related Easement Agreements in substantially the same form as attached Exhibits "B", "C" and "D". ATTACHMENTS: Description Resolution Sale and Purchase Agreement Exhibit B Exhibit C Exhibit D Item Number: 10.F.