2009-27112 ResoRESOLUTION NO. 2009-27112
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING A PERPETUAL AND NON-EXCLUSIVE AND
IRREVOCABLE EASEMENT FROM MOSAIC ON MIAMI BEACH CONDOMINIUM
ASSOCIATION, INC., AS THE OWNER OF THE PROPERTY LOCATED AT 3801
COLLINS AVENUE FOR THE INSTALLATION, OPERATION, MAINTENANCE,
CONSTRUCTION, AND REPAIR OF A PUBLIC BUS SHELTER, ON A PORTION OF THE
ABOVE MENTIONED PROPERTY.
WHEREAS, the City recognizes the need for a bus shelter in the vicinity of an existing bus
stop located on Collins Avenue, north of 38 Street, adjacent to the Mosaic Condominium, 3801
Collins Street; and
WHEREAS, the City conducted field investigations to accommodate the bus shelter and
determined that the existing right-of-way space could not support a new bus shelter; and
WHEREAS, the City would need an easement from the Mosaic Condominium in order to
install and maintain a new bus shelter within the required vicinity; and
WHEREAS, the Mosaic Condominium is managed and owned by Mosaic on Miami Beach
Condominium Association Inc.; and
WHEREAS, the Mosaic on Miami Beach Condominium Association Inc. has granted the City
the attached Easement for such purposes.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby accept an Easement from Mosaic on Miami Beach Condominium Association, Inc., as the
owner of the property located at 3801 Collins Avenue (Mosaic on Miami Beach, a Condominium), for
the installation, operation, maintenance, construction, and repair of a public bus shelter, foundation,
(and utilities to the bus shelter), on a portion of the above mentioned property.
PASSED and ADOPTED this 15tbday of July , 2009.
ATTEST:
MAYOR
~... Matti Herrera Bower
C TY CLERK
Robert Parcher
T:IAGENDA\2009\July 15\Consent\Mosaic Easement RESO.doc
APPROVED AS TO
FORM & LANGUAGE
~& FOR EXECUTION
® ---~--
~ ~.
COMMISSION ITEM SUMMARY
A_~J_.-__J T:LI~.
ArResolut on (Accepting An Easement From The Mosaic on Miami Beach Condominium Association, Inc., As The
Owner Of The Property (Mosaic Condominium) Located At 3801 38th Street, For The Installation, Operation,
Maintenance, Construction And Re air Of A Public Bus Shelter, On Portion Of The Above Mentioned Pro e
Key Intended outcome supportea•
Improve or maintain traffic flow
...Supporting Data (Surveys, Environmental Scan, etc.):
Transportation remains one of the most significant areas to address from the survey results (often mentioned as a key
quality of life issue). 24% of residents rated traffic flow excellent or good, and 37% as poor. 35% of residents rated
the availability of pedestrian trails and bicycle paths/lanes as excellent or good, and 30% as poor.
Issue:
Shall the Ma or and Cit Commission a rove the Resolution?
Item Summa /Recommendatiion:
Through an ongoing contract with Clear Channel Adshel, the City of Miami Beach has a program for the installation of
newly designed bus shelters and replacement of old bus shelters citywide.
In 2008 Mayor Bower and Commissioner Wolfson through resident correspondence and in community meetings
received requests for the installation of a bus shelter at the Collins Avenue and 38 Street bus stops.
At the request of Mayor Bower and Commissioner Wolfson, the City researched the location and concluded that a bus
shelter was warranted in the vicinity of the existing bus stop located on Collins Avenue, north of 38~' Street. The
current bus stop is located adjacent to the Mosaic Condominium, and experiences a high level of bus riders. In the
process of conducting field investigations to accommodate a bus shelter at this location, City staff determined that the
new bus shelter could not be constructed within the existing right-of-way space, given the limited capacity available.
Commissioner Wolfson spearheaded efforts in discussions and negotiations with representative of the Mosaic
Condominium Association until a permanent bus shelter easement was successfully obtained.
The owner of the property, Mosaic On Miami Beach Condominium Association Inc., has provided the City with a
perpetual, non exclusive and irrevocable easement for the installation, operation, maintenance, construction and repair
of a public transit bus shelter.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
3
OBPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Fernando Vaz uez, Ci En ineer, x.6399
Sian-Offs:
De artment i or Assistant i ana er Ci Mana er
FHB TH JMG
r:WGENDA\2009W61y 9~J(Consent\Mosaic Easement Summary.dbE
9 MIAMIBEACH
U ~---~
AGENDA ITEM ~ 7I
DATE 7 ~ S'"~~l
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachFl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Com fission
FROM: City Manager Jorge M. Gonzalez
DATE: July 15, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING A PERPETUAL AND NON-EXCLUSIVE
AND IRREVOCABLE EASEMENT FROM MOSAIC ON MIAMI BEACH
CONDOMINIUM ASSOCIATION, INC., AS THE OWNER OF THE PROPERTY
LOCATED AT 3801 COLLINS AVENUE FOR THE INSTALLATION, OPERATION,
MAINTENANCE, CONSTRUCTION, AND REPAIR OF A PUBLIC BUS SHELTER,
ON A PORTION OF THE ABOVE MENTIONED PROPERTY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On November 1, 2001, via Resolution 2001-24650, the City of Miami Beach entered into a 10
year agreement with option to renew for 5 more years with Clear Channel Adshel, for the
replacement of old bus shelters and the installation of newly designed bus shelter structures
and street furniture Citywide, at strategic locations throughout the City.
In 2008, Mayor Matti Bower received a direct request from a number of residents at the Four
Freedoms House, an apartment complex for the elderly. The request from the residents was for
the installation of a new bus shelter at their existing 38~' Street bus stop. This request was
made with underlined concerns that the existing bus stop did not provide adequate shelter for
the elderly residents of the Four Freedoms House. Furthermore, in 2008, during a series of
community meetings held at various affordable housing locations, headed by Mayor Matti Bower
and Commissioner Jonah Wolfson, the same residents of the Four Freedoms House of Miami
Beach, located at 3800 Collins Avenue, reiterated their concerns about not having an
appropriate bus shelter in the vicinity of their block.
At the express request of Mayor Bower and Commissioner Wolfson to verify the possibility of
locating a bus shelter at the aforementioned location, staff researched and concluded that
indeed a bus shelter at this location would be feasible and furthermore would be warranted
given the level of ridership at the vicinity of the existing bus stop. Staff also concurred that the
current bus stop, which was located adjacent to the Mosaic Condominium, did indeed,
experience a high level of bus riders.
Through subsequent field measurements, staff determined that the dimensions of the new bus
shelter were larger than the available right of way width and therefore could not be feasibly
constructed within the existing right of way space without further requiring additional space into
private property. At that point staff concluded that the granting of an easement from the adjacent
property owner, the Mosaic Condominium, would be essential if a new bus shelter was to be
constructed at this location (See Attachments 1 and 2).
Through the direct efforts of Commissioner Wolfson, who spearheaded discussions with Mosaic
Condominium, City staff was able to successfully negotiate the required easement space which
would enable the installation of a new Adshel bus shelter. A perpetual non-exclusive and
irrevocable bus shelter easement was therefore successfully negotiated with the Mosaic
Condominium Association (Attachment 3, Easement Document).
The owner of the property, Mosaic on Miami Beach Condominium Association Inc., has
provided the City with a perpetual, non-exclusive and irrevocable easement, for the installation,
operation, maintenance, construction and repair of a public transit bus shelter.
CONCLUSION
The Administration recommends that the City Commission approve the Resolution to accept the
perpetual, non-exclusive and irrevocable easement from the Mosaic on Miami Beach
Condominium Association, Inc for the installation, operation, maintenance, construction, and
repair of a public bus shelter on a portion of the above mentioned property.
Attachments:
1. Plan View of Proposed Bus Shelter
2 Bus Shelter Rendering
3. Easement Document
JMG\RCM\FHB\FV
T:WGENDA~2009Wu1y 15\Consent\Mosaic Easement Memo.doc
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38 STREET
Attachrrient 3
This Instrnment Was Prepared By
Record. and Return To:
City of Miami Beach Attorney's Off ce
1700 Convention Center Drive
4~' Floor
Miauni Beach, FL.33139
.Attention: Raul J. A,guila
PEZa1~vli~-NFN'f BUS SHELTE
THLS LS AN EASEMENT given this ~, day of ,~.~_, 2009, by Mosaic on
Miami Beach Condominium Association, Inc. whose address is 3801 Collins Avenue, Miami
Beach, Florida, 33140 (hereinafter referred to as the "Cxanbor'~, to the City of Miami Beach,
Florida, a municipal corporation whose address is 1700 Convention Center Drive, Miarai Beach,
Florida, 33139 {hereinafter refereed to as the "City"}.
WHEREAS, Grantor is the ~rtity responsible for the maintenance and operstiaa of the
common eleaoaents of Mosaic on Miami Beach, A Condominium (the ."Property"} located at 3801
Collins Avenue, Miami Beach, Florida 33140 as established by the Declaration of
~~ Condominium thereof recorded in Official Records Book 25210 at Page 3819 of the Public
Records of Miami Dade County, Florida (`~ecla~cation"}; and
WHEREAS, Grantor requests that City, and City hereby agrees to, construct, install and
maintain a public bns shelter on a portion of the Property; and
WHEREAS, Grantor has agreed t4 convey a pe<m~uaent non exclusive easement to City
for the aforestated purposes.
NOW, THIGREI~'ORE, in eonsiderafiion of the sum of Ten Aollars {$10.00} and other
good and valuable consideration, the receipt and sufficiency of which sure hereby aaknawledged,
Grantor and the City hereby agree as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Grantor hereby grants, bargains, sells and conveys to the City, its successors and
assigns, a perpetual, noon exclusive and irrevocable easement in gross, in , on, over, through, and
across the parcel of land, located in Miami Dada County, legally described on Exhibit "A"
attacized hereto and incorporated herein by reference (refereed to as the `2asement Area', for
the constivction, installation, maintenarlicey repair, removal, relocation, improvement, access and
use of a public transit bus shelter, which may include; but is not limitod to, a transit passenger
shelter, seating area, trash ~p~~ st~$~ beaches, and ~Y other use ar $aavity which
..- reasonably relates to and facilitates the public transit ptuposos desenbed b~cein. The easemgit
granted hm^e~mder shall be snbjed to all matters of record, rights of tenants, and all applicable
laws, and shall be subardmate to any public utility easement dedicated to the public, as the fierm
`~pubfic unity" is defined im Section 177.431(7)(b), F.S.
3. The City shall have the right and privilege from time to time to altar, improve,
enlarBe,. add to, change the nat~ae or physical characteristics, and replace, remove or relocate any
improvemaats pravidod that they are located in, upon, over, though and serves the Easement
.Area only, along wilt all rights and privileges necessary or convenient for flue full benefit and
ose theroaf for the purposes desc'rtbed m the Easemenni; including but not limited to the right of
clear obstractions within. and to flu Easena~ent Area.
4. C~notor aclmawledges that the City may contract with third parties for the pniposes
descabed in this Easein~t. The City shall have the right to assign, cantract wilt and Brant to a
third party the exec+eise of the rights granted to the City in this Easement.
5. The City shall be responsible for the maintenance of the bus shelter and the Easement
Area. Maintenance by the City may inchule, as the City deems appropriate, in. its sole reasonable
judgmmtt, and at its sole cost and expanse, the removal of any trash, garbage, debris, or other
waste material and the upkoep of landscaping (if any).
6. All of the benefits, bums, easements, and agreements contained herein shall
_ oonsiitute coveum~ts mm~ing with the land, abatl be binding upon the Cx~caator and shall inure to
the benefit of the City, its successors ar assigns, having or hereinafter acquiring any right title or
interest in. the Easemaant Area.
7. In fire event the City fails or refuses to perfoomt any team, covenant, or condition of
this Easement, Grantor's sole remedy shall be the right of specific perfoanance thereo£
8. This Easement shall be gove~med by, constlvcd and enforced in accozdat~cc with the
laws of the State of Florida Veatu im as action, suit or proceoding in connection with this
Basement shall be in a state want of can~petettt jurisdiction in 1Vliami Dade County, Flaaada BY
ENTEi1.tIi~fiG 1NT(? THIS AGiRBENtE1ti1T`, CITY AND GiRANTOR EXPRESSLY WANE ANY
RIGHTS FSTHER PARTY MAY HAVE TO A 'T'RIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGR~MRNT, .
9. This P,aseaueazt constitutes the eaortinre agreement between the parties with respect to the
subject matter hereof and supersedes all parlor agreements, understandings and anaRgeaments,
bath oral anti written, between the parties with respect thereto.
10. All natiices sad coammuaieations in writing required or permitted. hereunder may ba
delivered personally to the repres®tatives of the Grantor and the City listed below rnr may be
mailed by registmed mail, postage prepaid (or airnnailcd if addressed to ea address outside of the
city of dispatch).
2
~'
Until changed by notice is writing; all such notice and oammunications shall be
addressed as follows:
TO GRANTOR: Mosai n Miami Beach Condominium Association, Inc.
Attn:
Title:
3801 Collins Avenue
Miami Beach, Florida 33140
Tel: ~ ~ ~
with copies to: L. Chere Trigg, Esquire
Siegfried, Rivaa, Lerner, De La Tame & Sobel, P.A.
201 Alhambra Circle, Suite 1102
_ Coral Gables, Florida 33134
305-442-3334
TO CITY: City of Miami Bea~clt
Alta: Fernando A. Vazquez
City Enguteer
1700 Convention Center Drive
Miami Beach, Florida 33139
305-673-7000, Ext. b399
~. Notices herwndcr shall be effective if delivered by certified mail, return receipt
requested, personal delivery, courier service, ~c-ideneed by a delivery receipt or by an overnight
eacpress delivery service addressed to the parties for whom it ie i~rtended at the place last
specified; and the place forgiving of notice shall remain such until it shall have been .ch~mged by
written notice in compliance wi#h the provisions of this paragraph
11. The parties .hea~to agree that the prevailing gamy in any court proceeding for the
~forcenaent, de~'~se or interpretation of either party's rights u~auder this Basement, whether it be
at trial, on appeal or in banlo~ptcy proceedings, shall be entitled to recover all of its costs
including reasonable attorney's fees from the non prevailing Party
12. Subject to the other provisions hereon this Pasement may not be amended, modified
or terminated except by written agreement of all of the Cnantor and the City.
13. This Easemaat maybe executed in counterparts, each of wlsich shall be deemed an
original, but all of which together shall constitute one and the same instrument.
[The remainder of this page is Intentionally lei blanlc]
3
IN VVx'ITTESS WHEREOF, each of the parties hereto has caused this Easement
Agreement to be eacecuted and delivered. as of the date first above written. .
Witnesses:
. J~ ~ ~1~~
Print Name:
Print Name: s• '~ ~~
STATE OF FLAT2IDA )
SS:
COUNTY OF MI~,MI DADS)
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a XPIAES; June 11, 2013
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