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93-20988 Reso~~ RESOLUTION NO. 93-20988 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING A TERMINABLE NON-EXCLUSIVE EASEMENT AND MAINTENANCE AGREEMENT TO AMNESIA INTERNATIONAL, INC., FOR THE PROPERTY LEGALLY DESCRIBED AS LOTS 1 AND 2 BLOCK 9, OCEAN BEACH SUBDIVISION (2-38). WHEREAS, the City of Miami Beach, operates a public park on Lots 1 and 2, Block 9, Ocean Beach Subdivision (2-38) located adjacent to the property being developed by Amnesia International, Inc. (Amnesia); and WHEREAS, Amnesia indicated a willingness to landscape and maintain the aforementioned park in order to enhance the property and the adjacent neighborhood; and WHEREAS, the City and Amnesia mutually agree that the property will, at all times, remain a park and Amnesia will continue to operate and maintain the property as such and shall in no way change, alter or restrict the use and character of the park; and ~ ~ ' WHEREAS, Amnesia has agreed to perform work and pay all costs associated with the installation and maintenance of landscaping on the aforementioned park; and WHEREAS, the Parks, Recreation and Culture Department recommends that the City grant the terminable non-exclusive Easement, as reflected in attached Exhibit_ "A". NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a minable non-exclusive Easement and Maintenance Agre ent be g a ted to Amnesia International, Inc. as reflected in a~ tached Ex...h 't "A"~ PASSED and ADOPTED this lst day of December, 199 MAYOR ATTEST: ~~~ ~ CITY CLERK MD/sh FORM APPRO ED LEG L ey ~~~ Date ~r 3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTIO"~ ,^~ VTER DRIVE MIAMI BEACH FLORIDA 33139 ~ r OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. ~q(7.g3 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. City Manager DATE: December 1, 1993 SUBJECT: AUTHORIZATION TO PROCEED WITH TERMINABLE NON-EXCLUSIVIs' EASEMENT AND MAINTENANCE AGREEMENT FOR INSTALLATION OF LANDSCAPING ON THE CITY OF MIAMI BEACH PARR LOCATED ADJACENT TO AMNESIA INTERNATIONAL, 136 COLLIN3 AVENZJE. ADMINISTRATION RECOMMENDATION: The Administration recommends exclusive easement and property installation of landscaping on adjacent to Amnesia International approval of a terminable non- maintenance agreement permitting the City of Miami BeacY: park located at 136 Collins Avenue. . BACKGROUND: Staff has had a series of meetings with the principals of Amnesia at which they presented a plan to landscape and maintain the above referenced park in order to enhance the property and the adjacent neighborhood. This property would remain a public city park, and the landscaping improvements would be maintained by Amnesia. The landscaping plans were prepared by Bill .Rosenberg and were reviewed by Kevin Smith, Director of Recreation, Parks and Culture and Dean Grandin, Deputy Director, Development, Design and Historic Preservation. ANALYSIS: As the facility is nearing completion, it is necessary that the terminable non-exclusive easement be granted at this time in order to allow these improvements to be made. The Administration supports this effort because it will permit an existing park to be upgraded and maintained with no expense to the City. RMC/MD/svh ;.i`7 AGENDA _ _ 1 ITEM L.~• DATE ~ ~ _' ~ `"' TERMINABLE NON-EXCLUSIVE EASEMgNT AND MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THE CITY OF MIAMI BEACH, FLORIDA (Grantor), a municipal corporation, in consideration of the sum of TEN AND 0/100 DOLLARS ($10) and other good and valuable consideration paid to Grantor by Amnesia International, Inc., a Florida corporation (Grantee), the mailing address of which is 136 Collins Avenue, Miami Beach, Florida 33139, hereby grants, to Grantee, for the use by Grantee and such persons as shall from time to time be designated by Grantee, and subject to approval by Grantor, a Terminable Non- Exclusive Easement (Easement) for the sole purpose of landscaping and for thereafter maintaining same in that certain parcel of real property (Easement Area) situated in the City of Miami Beach, Dade County, Florida and more particularly described in Exhibit "A", annexed hereto and hereby made a part hereof. TO HAVE AND HOLD the same unto said Grantee, its successors and assigns for so long as Grantee maintains the aforestated landscaping, as set forth in Exhibit "A", within the Easement Area, unless otherwise terminated as provided herein. By acceptance of this Easement, Grantee agrees that it will at all times maintain and keep in good condition whatever landscaping it places within the Easement Area. Grantor shall approve all landscaping placed by Grantee. The Grantor reserves the rights to (1) Grant further easements to any other person or entity for any lawful purpose, including but not limited to utility easements; and (2) reserves the right to terminate this Easement, for convenience, without case, given to the above described Grantee, upon thirty (30) days written notice. Grantor shall, under no circumstances, be liable to Grantee for any expenditures made by Grantee pursuant to this Easement, even in the event of Grantor's exercise of termination as set forth herein. In the event of termination by the Grantor, the Grantee agrees to execute any document requested by Grantor to evidence termination of this Easement. It is further understood that the Easement Area is designated as a City of Miami Beach park and shall at all times remain as such throughout the term of this Easement. Grantor shall continue to operate and maintain the Easement Area in accordance with all applicable local, state and federal classifications pertaining to such City parks of like size and character, and the parties hereto acknowledge that in no way shall the grant of this Easement to Grantee in any way change, alter or restrict the use and character of the Easement Area to anything other than a public City park. It is expressly understood and agreed that the Grantor reserves unto itself all rights of ownership of the Easement Area not inconsistent with the Easement granted herein. In the event of ~~ ,'~ TERMINABLE NON-EXCLUSIVE EASEMENT AND MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THE CITY OF MIAMI BEACH, FLORIDA (Grantor), a municipal corporation, in consideration of the sum of TEN AND 0/100 DOLLARS ($10) and other good and valuable consideration paid to Grantor by Amnesia International, Inc., a Florida corporation (Grantee), the mailing address of which is 136 Collins Avenue, Miami Beach, Florida 33139, hereby grants, to Grantee, for the use by Grantee and such persons as shall from time to time be designated by Grantee, and subject to approval by Grantor, a Terminable Non- Exclusive Easement (Easement) for the sole purpose of landscaping and for thereafter maintaining same in that certain parcel of real property (Easement Area) situated in the City of Miami Beach, Dade County, Florida and more particularly described in Exhibit "A", annexed hereto and hereby made a part hereof. TO HAVE AND HOLD the same unto said Grantee, its successors and assigns for so long as Grantee maintains the aforestated landscaping, as set forth in Exhibit "A", within the Easement Area, unless otherwise terminated as provided herein. By acceptance of this Easement, Grantee agrees that it will at all times maintain and keep in good condition whatever landscaping it places within the Easement Area. Grantor shall approve all landscaping placed by Grantee. The Grantor reserves the rights to (1) Grant further easements to any other person or entity for any lawful purpose, including but not limited to utility easements; and (2) reserves the right to terminate this Easement, for convenience, without case, given to the above described Grantee, upon thirty (30) days written notice. Grantor shall, under no circumstances, be liable to Grantee for any expenditures made by Grantee pursuant to this Easement, even in the event of Grantor's exercise of termination as set forth herein. In the event of termination by the Grantor, the Grantee agrees to execute any document requested by Grantor to evidence termination of this Easement. It is further understood that the Easement Area is designated as a City of Miami Beach park and shall at all times remain as such throughout the term of this Easement. Grantor shall continue to operate and maintain the Easement Area in accordance with all applicable local, state and federal classifications pertaining to such City parks of like size and character, and the parties hereto acknowledge that in no way shall the grant of this Easement to Grantee in any way change, alter or restrict the use and character of the Easement Area to anything other than a publ~.c City park. It is expressly understood and agreed that the Grantor reserves unto itself all rights of ownership of the Easement Area not inconsistent with the Easement granted herein. In the event of litigation relating to this Easement, the prevailing party of any such action shall be entitled to reasonable attorney's fees and costs, throughout all appellate levels, if so applicable. All notices to be given shall be in writing and shall be deemed given when delivered by hand or three {3 ) days after the date when mailed, certified mailed, return receipt requested To Grantee: Amnesia International, Inc. 136 Collins Avenue Miami Beach, Florida 33139 and to Grantor: Office of the City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 with copies to: Parks and Recreation Department 1700 Convention Center Drive Miami Beach, Florida 33139 IN WITNESS WHEREOF, Grantor has caused this Terminable Non- Exclusive Easement & Maintenance Agreement to be executed in its name by its undersigned duly authorized offic r ~d its corporate s a to be herein to affixed this ~ day of ~r 1994. C B ATTEST: ~'~,t ~. C TY CLERK 2 AMNES INTERNATIONAL, INC. BY: PR SIDE ANI~~ G34(/ A©v STATE OF FLORIDA COUNTY OF ~~ `"'-°~ The foregoi g instrument was /~~ day of ~ - 1994, by who is personally known t me or who as identification, and who did (did . `/ Sign re (Print Type) Notary Public in and for the County and State last aforesai.:d Ae4+~ Publiy Stets o~6fc~~6t "'" My commission expires : ~ ~°mn°t~sl~n ~z,~ires AdrH 2O, 199,5 Serial NO. if any: - f0yf0!"'~^+~ra~~elp® _ This document prepared by: Office of the City Attorney Laurence Feingold, City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 jm:c:\wp51\jd\amnesia.agr ackn wledged before me this ,~iiJO2£ ~~pU0OlJ of has produced not) take an oath. FORM APP OVED LE PT. _ ~ ~ ~~ Aitiriesi:a 3 ~~. ~ EXHIBIT "A" LEGAL DESCRIPTION OCEAN BEACH SUBDIVISION (2-38) LOTS 1 AND 2 BLOCK 9 100' x 130' ~ ff MD4 i[~'7 ' _ _ ail{, CIIORi1k fM1C~ - h _ .~ 1 ~ ,\ 1 ~ ' Min e~ ~ y }~ `,d 'a~ ~ ~ ~ ~ l~t.i - ~~ a•.1 ti .. ~._I i 1 .. . _r~ ~ / I I I. _I ~ I, 1 i ~ 1 ,~I l . i `~ ~ JAIn-!.--~ l 1 ~~ _ . ~ ~ t~ F1u15 EXC. REBTROOM VAVLION L ~ - it • ! F~?--17 I 1 I I~ • 1 ~ _ c. - SAT/ ~ 16 1 .o,/ 1 .` e r Y • . 1 r' ~, a'. GQ.~~- lj 1 ~. .~ ~~ ,(' Ct FlCU3 . L/ ~B .. ` _~ _ _ sATt B11i0" t t ~ ~ /~ ~. 1H -Z ~ - - 1 ~ - / ' '' fYawre" ~~ ~ ` '_ N ~~ - -- - ----- `i PN.M IBS 91gJ11 COLLINS AVHiIlUQ y K ~I f . • %. •+ .~