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2011-27617 Reso RESOLUTION NO. 2011 -27617 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING AN EASEMENT FOR A BICYCLE RENTAL KIOSK ON A PORTION OF THE WHOLE FOODS MARKET SITE, LOCATED AT 1020 ALTON ROAD, MIAMI BEACH, FLORIDA, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE EASEMENT. S NT . WHEREAS, on July 15, 2009, the City approved Resolution No. 2009 - 27142, approving a concession agreement between the City and Deco Bike, LLC (Deco Bike) for the implementation, management, and operation of a public self - service bicycle rental and sharing program, which includes the installation, operation, and maintenance of bike rental kiosks in areas throughout the City of Miami Beach; and WHEREAS, Forte Ltd. (Grantor) owns the real property located at 1020 Alton Road, the Whole Foods supermarket (the "Property "); and WHEREAS, the City and Deco Bike wish to place a bicycle rental kiosk on a portion of the Property, more specifically described in the Bicycle Rental Kiosk Easement; and WHEREAS, the City and Grantor have reviewed the Bicycle Rental Kiosk Easement and have agreed to its terms and conditions; and WHEREAS, the City Commission finds it is in the City's interest to accept the Bicycle Rental Kiosk Easement so that a bicycle rental kiosk is installed at the Property. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the Bicycle Rental Kiosk Easement, for a Bicycle Rental Kiosk on a portion of the Whole Foods Market site, located at 1020 Alton Road, Miami Beach, Florida, and authorize the Mayor and City Clerk to execute the Bicycle Rental Kiosk Easement. PASSED AND ADOPTED this 9 day of March 2011. ATTEST: - /IP CITY CLERK • YOR • 'PROVE AS TO "FO' M & GUAGE ., & 'O' Er TION 3 4 i 'P ► ORNEY D TE T:WGEND A\ 2011 \3 -09 -11 \BikeSharingEasement reso rev 3- 4- 2011.doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the Mayor and City Clerk to accept an Easement to place a Bicycle Rental Kiosk on the Whole Foods Market site, located at 1020 Alton Road. Key Intended Outcome Supported: Ensure well maintained infrastructure Supporting Data (Surveys, Environmental Scan, etc.): Not applicable Issue: Shall the Commission approve the Resolution? Item Summary /Recommendation: On July 15, 2009, the City approved Resolution No. 2009 - 27142, approving a concession agreement between the City and Deco Bike, LLC (Deco Bike) for the implementation, management, and operation of a public self - service bicycle rental and sharing program, which includes the installation, operation, and maintenance of bike rental kiosks in areas throughout the City of Miami Beach. Forte Ltd. (Grantor), is owner of the Whole Foods Market (and Grantor), located at 1020 Alton Road. The Grantor has agreed to convey a non - exclusive easement to the City for the placement of a bicycle rental kiosk. The City agrees to, construct, install and maintain a bicycle rental kiosk (through the Concession Agreement with Deco Bike) on a portion of the Property in accordance with the attached site plan (Exhibit "A "). The term of this Easement shall run concurrent with the term of the Lease, which currently expires on October 21, 2015. In the event that the term of the Lease is extended, the term of this Easement shall be automatically extended (without further action required either by Grantor or City) until the new Lease term expires. Upon expiration of the Easement, the City shall return the Easement Area to its original condition, which is unimproved and covered with grass. The attached Bicycle Rental Easement has been form approved by the City Attorney and represents a consensus document between the Grantor and the City. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Saul Frances, Ext. 6483 Sign -Offs: Department Director Assistant anager • City Ma ager SF JGG JMG T:\AGENDA\ 2011 \March92011 \BikeSharingEasement.Summary.doc MIAMI B EACH AGENDA ITEM C Igor DATE 3 � I ea. MIAMI BEACH 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 Commission FROM: Jorge M. Gonzalez, City Manager DATE: March 9, 2011 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING AN EASEMENT FOR A BICYCLE RENTAL KIOSK ON A PORTION OF THE WHOLE FOODS MARKET SITE, LOCATED AT 1020 ALTON ROAD, MIAMI BEACH, FLORIDA. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On July 15, 2009, the City approved Resolution No. 2009 - 27142, approving a concession agreement between the City and Deco Bike, LLC (Deco Bike) for the implementation, rflanagement, and operation of a public self - service bicycle rental and sharing program, which includes the installation, operation, and maintenance of bike rental kiosks in areas throughout the City of Miami Beach. Forte Ltd. (Grantor), owner of the Whole Foods Market located at 1020 Alton Road, has agreed to convey a non - exclusive easement to the City for the placement of a bicycle rental kiosk. The City agrees to, construct, install and maintain a bicycle rental kiosk (through the Concession Agreement with Deco Bike) on a portion of the Property in accordance with the attached site plan (Exhibit "A "). The term of this Easement shall run concurrent with the term of the Lease, which currently expires on October 21, 2015. In the event that the term of the Lease is extended, the term of this Easement shall be automatically extended (without further action required either by Grantor or City) until the new Lease term expires. Upon expiration of the Easement, the City shall return the Easement Area to its original condition, which is unimproved and covered with grass. The attached Bicycle Rental Easement has been form approved by the City Attorney and represents a consensus document between the Grantor and the City. CONCLUSION The Administration recommends that the Mayor and City Commission adopt this Resolution and further authorize the City Manager and City Clerk to accept the Bicycle Rental Kiosk Easement. JMG /JGG /SF T:WGENDA\2011 \3 -09 -11 \BikeSharingEasement.memo.doc EXHIBIT "A" SKETCH & LEGAL DESCRIPTION BICYCLE EASEMENT LOT 12 v N87 ° 41'32 "E : ": 8 1 50': ' SUBJECT z " 1.•' EA SEMENT o ' . RI .;,14:7:-.::::,:',..,. : LOT 13 Vi - fp.:; M. BLOC 84 b `` - ,• P.B. 7, Pa 1 0 D.C.R. JJJJ i''SS; - .- �Q _1.-1; rn • .` ; .,: P.4. B. 5 87 4 3 2"W O) • P.O.C. • w L OT 14 SW CORNER OF LOT 13, BLOCK 84 10th STREET P.B. 7, PG. 160, D.C.R. (70' RIGHT-OF-WAY, P.B. 7 -160) LEGAL DESCRIPTION: A parcel of land for an easement, being a portion of Lot 13, Block 84, LEGEND: "THIRD COMMERCIAL SUBDIVISION" according to the Plat thereof as D.c -R. - MIAMI E COUNTY PUBLIC RECORDS recorded in Plat Book 7, Page 160, of the Public Records of Miami -Dade LB - UCE BUSINESS County, Florida, said parcel being more particularly described as follows: P.B. - PLAT PG. - PAGE COMMENCE at the Southwest corner of said Lot 13, thence NO2'18'28 "W F.O.B. - POINT BEGINNING along the Westerly Tine of said Lot 13, for 6.23 feet to the POINT OF P.o.c. - POINT COMMENCEMENT BEGINNING; thence continue NO2'18'28"W for 39.00 feet; thence RAY - RIGHT WAY N87 °41'32 "E for 8.50 feet; thence 502'18'28 "E for 39.00 feet; thence S87 °41'32 "W for 8.50 feet to the POINT OF BEGINNING. AU of the above described lands, Tying and being In Section 4, Township 54 South, Range 42 East, and containing 0.0076 acres more or less. NOTES: 1. BEARINGS hereon are based on a bearing of NO2'18'28'W. along the East right -of -way line of West Avenue, being the West One of Block 84 of "THIRD COMMERCIAL SUBDIVISION ", as recorded In Plat Book 7, Page 180 of the Public Records of Mlami -Dada County, Florida, 2. AREA of the subject easement parcel is 331.50 Square Feet, or 0.0076 Acre, more or less. 3. CLIENT: DECOBIKE, LLC. 4. All recording references hereon refer to the Public Records of Miami -Dade County, Florida. b. Reference is made to a Boundary and Topographic Survey of the Parent Tract by Leiter, Perez & Associates, Inc., dated 1 -30 -08 with most recent update 5- 05-09, File ORTH No. 8 -2199. i , 6. The subject easement Iles In fractional Section 4, Township 54 South, Range 42 East, SCALE :1 " =f 0" City of Miami Beach, Miami -Dada County, Florida. 7. This is not a survey of any parcel of land. NOT VALID WITHOUT FILE- f r— f f 24rBicycfe £9semenr.usg THE SIGNATURE AND LEITER PEREZ & ASSOCIATES, INC. This ' BKETCrI LEGAL DESCRIPTION' WAS PREPARED UNGER THE ORIGINAL RAISED SEAL LAND DEVELOPMENT CONSULTANTS LIT PEREZ & ASSOCL rI S. INC. OF A FLORIDA LICENSED CNIL ENGINEERS - LAND SURVEYORS 6 Y. SURVEYOR AND MAPPER LAND PLANNERS - ENVIRONMENTAL GE F� R. P OFESSIONAL 4 MAPPER 86395 180 N.W. 176TH 8T., SUITE 403, MIAMI, FLORIDA 33156 STATE OF FLORIDA MIAMI -DADE (309) 652.5133 BROWARD (654)524 -2202 FAX: (305)852 -0411 E•Mat olficaftlehipor°zma 1NE691TE :www.leAerperez.00m LICENSED 8USINESS DATE: 3-3-2011 1 JOB NO. :11.112 I FILE:L- 18T7(3) SHEET 1 OF 1