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2012-27995 Reso RESOLUTION NO, 2012-27995 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK, SUBJECT TO FINAL REVIEW BY THE CITY ATTORNEY'S OFFICE AND THE PUBLIC WORKS DEPARTMENT,TO EXECUTE A GRANT OF EASEMENT WITH SHELBORNE OCEAN BEACH HOTEL CONDOMINIUM ASSOCIATION, INC., OWNER OF THE SHELBORNE HOTEL, LOCATED AT 1801 COLLINS AVENUE, FOR A LIFT STATION AND ASSOCIATED CONNECTION TO CITY'S SANITARY SEWER SYSTEM IN THE PUBLIC RIGHT-OF-WAY;-ON THE NORTH SIDE OF 18T" STREET, EAST OF COLLINS AVENUE,WITH A TOTAL AREA OF 527 SQUARE FEET. WHEREAS, Shelborne Ocean Beach Hotel Condominium Association, Inc. ("Applicant") is the owner of the Shelborne Hotel, located at 1801 Collins Avenue ("Property"); 'and WHEREAS, the Property occasionally experiences back-ups of sewage; and WHEREAS, Applicant has met with the City's Public Works Department and it has been determined that a private sewage lift station is required to address the problem, as a standard backflow preventer will not work under the hydraulic conditions; and WHEREAS, Applicant and City staff have worked together to address the situation and have determined that the only viable location for the lift station is on public property, as no alternate location on the Property appears to be feasible; and WHEREAS, the best and most unobtrusive location is below grade in the existing sidewalk mid- block, on the north side of 18th Street, at the point where the existing sewer line lateral exits the Property; and WHEREAS, due to the permanent nature of the lift station, the City must grant Applicant an easement for the area encroached upon by the lift station and the associated piping, which is approximately 527 square feet. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk, subject to final review by the City Attorney's Office and the Public Works Department, to execute a Grant of Easement with Shelborne Ocean Beach Hotel Condominium Association, Inc., owner of the Shelborne Hotel, located at 1801 Collins Avenue, for a lift station and associated connection to City's sanitary sewer system in the public right-of-way, on the north side of 18th street, east of Collins Avenue, with a total area of 527 square feet. PASSED and ADOPTED this 12th day of September, 2012. ATTES M t i Herrera er, Mayor Rafael Granado, rk APPROVED •' APPROVED AS TO FORM & L GUAG '•� & FOR EX I* FORM &LANGUAGE CORP ORATED' &FOR EXECUTION City Attorney ate...-* ,( AA� e ate T:WGENDA\2012\9- Ve nd Easements\1801 Collins Easement-RESO.d City ttorn0 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And City Clerk To Execute A Grant Of Easement With Shelborne Ocean Beach Hotel Condominium Association, Inc., Owner Of The Property Located At 1801 Collins Avenue, For A Lift Station And Associated Connection To City's Sanitary Sewer System In The Public Right-Of-Way, On The North Side Of 18th Street, East Of Collins Ave., With A Total Area Of 527 Square Feet. Key Intended Outcome Supported:' Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and the City Commission approve the Resolution? Item Summary/Recommendation: Shelborne Ocean Beach Hotel Condominium Association, Inc. (Applicant) is the owner of the property located at 1801 Collins Avenue (Property), which occasionally experiences sewage back-ups. The Applicant and staff worked together on a solution to this problem and determined that a private sanitary sewer lift station is needed. City staff determined that the best and most unobtrusive location is below grade in the existing sidewalk mid-block on the north side of 18th Street at the point where the existing sewer line lateral exits the Property. Due to the permanent nature of the lift station,.the City requires the Applicant to obtain an easement for the area encroached upon by the lift station and the associated piping, which is approximately 527 square feet. As no section of the City Code provides guidance on the appropriateness of granting an easement, staff has reviewed the appropriateness of the facility pursuant to the criteria established under Section 82-38 of the City Code for the proposed sale or lease of City property. The proposed easement satisfies these criteria. THE ADMINISTRATION RECOMMENDS THAT THE CITY COMMISSION EXECUTE THE GRANT OF EASEMENT. Advisory Board Recommendation: The Land Use and Development Committee recommends approval Financial Information: Source of Amount Account Approved Funds: 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Le islative Tracking: FHB/RWS, Public Works 6565 Sign-Offs: Department Di ec Assistant City Manager City Manager FHB JGG KGB T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\1801 Collins Easement-SUMMARY.docx AGENDA.ITEM C 7a MIAMIREAk..H DATE AAIAM.1 BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commi sion FROM: Kathie G. Brooks, Interim City Manager DATE: September 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT OF EASEMENT WITH SHELBORNE OCEAN BEACH HOTEL CONDOMINIUM ASSOCIATION, INC., OWNER OF THE PROPERTY LOCATED AT 1801 COLLINS AVENUE, FOR A LIFT STATION AND ASSOCIATED CONNECTION TO CITY'S SANITARY SEWER SYSTEM IN THE PUBLIC RIGHT- OF-WAY, ON THE NORTH SIDE OF 1 8TH STREET, EAST OF COLLINS AVE., WITH A TOTAL AREA OF 527 SQUARE FEET. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission execute the grant of easement. BACKGROUND The subject Property contains the Shelborne Hotel and is located at the northeast corner of the intersection of Collins Avenue and 181h Street. The Shelborne Hotel is classified as Contributing in the Miami Beach Historic Properties Database and is located within the Ocean Drive/Collins Avenue .Local Historic District and National Register Architectural District. It was originally designed by Polevitsky & Russel and constructed in 1940, and contains a front addition designed by Morris Lapidus and constructed in 1957. Located along the south side of the Property, 18th Street provides pedestrian access to and from the beach. The Property occasionally experiences back-ups of sewage onto the Property. It has been determined that a private sewage lift station, owned by the Applicant, is required to address the problem as the standard backflow preventer will not work under the hydraulic conditions. The Applicant and City staff have worked together to address the situation and locate a lift station. The following locations were considered that are outside the public right-of-way: City Commission Memorandum— 1801 Collins Avenue Easement September 12, 2012 Page 2 of 2 1. Inside the building — Structural constraints and access issues make it extremely difficult to place the lift station inside the existing building. 2. Adjacent to the south side of the building — Negative impacts to the existing building foundation, as verified by a structural engineer, prevent placing the lift station in the 5'-0" setback between the sidewalk and the building on 18th Street. 3. At the front of the building — Code requirements and the historic character of the Shelborne Hotel, as determined by the Planning Department, disqualify placing the lift station at front corner of Shelborne hotel near the intersection of Collins Avenue and 18th Street. 4. At the rear of the building — Adverse impacts to existing structures and foundations preclude placing the lift station in the rear yard. As such, the lift station must be placed in the City's right-of-way. After careful consideration and analysis, the Applicant and City staff determined that the best and most unobtrusive location is below grade in the existing sidewalk mid-block on the north side of 18th Street at the point where the existing sewer line lateral exits the Property. The pump-station will convey sewage through an underground pipe to the City's sanitary sewer system located directly south of that location near the center of 18 th Street. No part of the lift station and the associated conveyance piping in the right-of-way will protrude above the grade Y Pp 9 g of the existing sidewalk or 18th Street. Therefore, the lift station will neither impede pedestrian access to and from the beach, nor inhibit parking in 18th Street. The Applicant will place the control panel, vent stack, and any other above grade elements for the lift station outside of the public right-of-way, in the area north of the sidewalk. Due to the permanent nature of the lift station, the City will require the Applicant to obtain an easement (attachment) for the area encroached upon by the lift station and the associated piping. The area of this proposed encroachment is approximately 527 square feet. This issue was discussed at the July 25, 2012 Land Use and Development Committee meeting. The Administration and Applicant have negotiated an easement agreement (Attachment) that provides for the terms discussed in the Land Use and Development Committee, and a guarantee of public access through the easement. CONCLUSION The Administration recommends that the Mayor and City Commission authorize the Mayor and City Clerk to execute a grant of easement with Shelborne Ocean Beach Hotel Condominium Association, Inc., owner of the property located at 1801 Collins Avenue, for a lift station and associated connection to City's sanitary sewer system in the public right-of-way, on the north side of 18th street, east of Collins Ave., with a total area of 527 square feet. Attachment: Draft Easement Agreement KGB/JGG/FHB/JJF/RWS/DEF T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\1801 Collins Easement-MEMO.docx ATTACHMENT , (TO,BE.SUBMITTED AS SUPPLEMENTAL) . E CITY'S REVISED DRAFT 9-10-12 This Instrument Was Prepared By, And After Recording,Return To: Gary M.Held,Esquire City Attorney's Office 1700 Convention Center Dr., 0'Floor Miami Beach,FL 33139 GRANT OF EASEMENT FOR LIFT STATION This Grant of Easement for Lift Station(the"Easement"or the"Agreement")is made and entered into as of the day of , 20125 by the CITY OF MIAMI BEACH, a municipal corporation duly organized and existing under the laws of the State of Florida,having an address at 1700 Convention Center Drive, Miami Beach, Florida 33139 ("Grantor") in favor'of SHELBORNE OCEAN BEACH HOTEL CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation,having an address at 1801 Collins Avenue, Miami Beach, Florida 33139 (collectively "Grantee"). RECITALS A. Grantee is the fee owner of the Shelbome Ocean Beach Hotel and the real property on which it is located, which real property is legally described on Exhibit "A" attached hereto and made a part hereof(the "Hotel Property"). B. The right-of-way of 18�'Street east of Collins Avenue, including such portion of the right of way as legally described in Exhibit 1113" attached hereto and made a part hereof (the "Easement Areal%was dedicated by plat to Grantor as a public right of way. C. A sanitary sewer lift station, pipes, lines and all related equipment and utility connections and equipment that may exist from time to time (the "Lift Station")will be installed in the Easement Area beneath the surface of the sidewalk and the street,which Lift Station will service the Hotel Property. However, certain of the pipes or lines, related equipment and utility connections and equipment used for the transfer of effluent from the Hotel Property to the Lift Station ("Connection Lines") are or may be located on the Hotel Property, including the control panel and vent pipe. D. Grantor has agreed to grant an easement to Grantee for the sole purpose of installation, maintenance, and repair across, under and through the Easement Area, as may be required by Grantee in connection with its use and operation of the Connection Lines, and the Lift Station. E. Grantee shall bear any and all costs of installation, maintenance, utilities, replacements, repairs, taxes, insurance, and any and all other costs and expenses involved in its operation and use of the Lift Station and Connection Lines(the "Operating Costs"). i t NOW,THEREFORE,in consideration of the sum of Ten Dollars($10.00) and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree'as follows: ' I 1. Recitals. The above recitals are true and correct and by this reference are incorporated as if fully set forth herein. 2. Easement. Grantor hereby grants to Grantee, for the use and benefit of Grantee, its successors and assigns and its agents and employees,a non-exclusive easement over,across,through and under the Easement Area solely for the use,installation,operation,maintenance,replacement and repair of the Lift Station and Connection Lines connected to the Lift Station and located on the Easement Area.Hereafter,unless specified to the contrary,use of the term"Lift Station"shall include the Connection Lines. The surface of the Easement Area will at all times remain unobstructed for its continued use by Grantor and the public as a dedicated public right of way(which use shall include, without limitation, for pedestrian and vehicular activity). Grantee shall exercise its easement rights ' hereunder without interfering with Grantor and the public's use of the surface of the Easement Area as a dedicated public right of way. 3. Maintenance. Grantee agrees to install,maintain,repair and replace(as necessary) the Lift Station, or necessary portions thereof, so that same is at all times in good working order and condition and free of material defects, subject only to occasional interruption of service due to(i) ordinary wear and tear and use thereof; (ii) routine or extraordinary maintenance, repair or replacement; or (iii) events beyond Grantee's reasonable control. Grantee shall have the right to select the contractor(s)of its choice in connection with all aspects of installation,maintenance,repair, and replacement of the Lift Station; provided,however, that all agreements with such contractor(s) shall be bona-fide, arms-length agreements for services at usual and customary rates and shall be subject to the prior approval of Grantor, which approval shall not be unreasonably withheld. After completion of any work by Grantee,Grantee,at its sole cost and expense,shall immediately restore the surface of the Easement Area to the condition in which it existed immediately prior to the performance of such work(the cost of which shall be included in Operating Costs), Grantee shall use best efforts to: (a) avoid causing any damage to, or unreasonable interference with, the surface of the Easement Area; and (b) minimize any disruption or inconvenience.to Grantor and/or the public in their use of the surface of the Easement Area as a dedicated public right of way. The Grantor shall at all times, and as it deems necessary in its sole and reasonable discretion,have full and unrestricted access to the Easement Area in order to maintain,repair and replace necessary portions of the surface of the Easement Area. In the event that the Lift Station is damaged by the Grantor during any such maintenance, repair or replacement, the Grantor shall ! work with the Grantee to make all necessary repairs to the Lift Station at Grantor's sole expense. 4. Noise and Odor Controls. Grantee shall use best efforts and, at a minimum,shall exceed industry standards, with respect to controlling noise and odors emanating from the Lift f Station. 5. Payment Covenants. 4,jt1afrte&shall be solely responsible for the Operating Costs of the Lift Station. Grantor shall be responsible for any costs associated with damage to the Lift Station resulting from Grantor's maintenance, repair or replacement related to the surface portion of the Easement Area. 2 i I 6. Term. The term of this Easement shall be perpetual unless terminated by the parties in a writing executed by both. This Easement shall not merge with any deed to the Hotel Property or any part thereof but shall survive for the Term(Term)described herein. 7. Successors and Assigns. This Easement shall bind,and the benefit thereof shall inure to,the respective successors and assigns of Grantee. 8. Limitation. It is the intention of the parties hereto that this Easement shall be limited to and. utilized solely for the purposes expressed herein. The surface of the Easement Area (i.e, including,without limitation, the sidewalk and roadway) shall at all times continue to be used by Grantor and the public for right of way purposes(which purposes shall include,without limitation, pedestrian and vehicular. activity), except as necessary during times of installation, maintenance, repair or replacement of the Lift Station by Grantee. 9. Indemnification. A. Grantee shall indenmify and hold harmless Grantor, its officers and employees, from any costs, liabilities, claims, losses, and damages (including, without limitation, reasonable attorneys' fees and disbursements at the trial level and all levels of appeal), whether suit is k instituted or not,relating to death of or injury to persons,or loss of or damage to property,resulting from, arising out of, or incurred in connection with the existence and use of the Easement and the Easement Area by Grantee,and/or its officials, employees,contractors,and agents;and including, but not limited to, any violation by the Grantee, and/or its officials, employees, contractors, and agents, of any laws, rules, regulations or ordinances regarding hazardous materials, hazardous wastes,hazardous substances,solid waste,or pollution,whether now existing or hereafter enacted or promulgated, as they may be amended from time to time ("Environmental Laws"); any presence, release, or threat of release of hazardous materials, hazardous wastes, hazardous substances,solid waste or pollution at,upon,under,from or within the Easement Area by Grantee, and/or its officials, employees, contractors, and agents;the failure of Grantee, and/or its officials, employees,contractors,and agents,to duly perform any obligations or actions required to be taken under any Environmental Laws (including, without limitation, the imposition by any governmental authority of any lien or so-called"super priority lien" upon the Easement Area);any clean-up costs; liability for personal injury or property damage or damage to the environment;and any fines, penalties, and punitive damages, or any fines or assessments incurred by or claimed j against Grantor and arising out of the failure of Grantee, and/or its officials, employees, + contractors, and agents, to comply with Environmental Laws in connection with the use of the easement and the Easement Area by Grantee, and/or its officials, employees, contractors, and agents. i B. Grantee shall also, as part of the indemnification provided to Grantor pursuant to this Section 9, defend any and all claims asserted against Grantor resulting from, arising out,of,or incurred in connection with the existence and/or use of the Easement and the Easement Area by Grantee,and/or its officials, employees, contractors,and agents. Grantee shall be entitled to select counsel of Grantee's choice to defend the claim; provided, however,that such counsel shall first i be approved by Grantor's City Attorney, which approval shall not be unreasonably conditioned, withheld, or delayed; and, provided further, that the Grantor shall be permitted, at its cost and expense,to retain independent counsel to monitor the claim proceeding. The duty to defend set forth in this subsection shall be severable and independent from the indemnity obligations. I 3 otherwise set forth in this Section 9,to the extent that if any other provisions and/or subsections of f this Section 9 are deemed invalid and/or unenforceable,this duty to defend provision shall remain I in full force and effect. C. Notwithstanding anything contained in Section 9 to the contrary, Grantee shall not be obligated or liable to Grantor, or any third parties, for any costs, liabilities, expenses, losses, claims or damages, with respect to third party claims resulting from the gross negligence, recklessness or willful misconduct of Grantor or its officials, employees, contractors, and agents. D. The indemnity and defense obligations set forth in this Section 9 including,without limitation, the provisions of its subsections, shall survive the expiration of the Term or any termination of this Easement regarding any and all costs, liabilities, claims, losses, and damages (including, without limitation, reasonable attorneys' fees and disbursements at the trial level and all levels of appeal), whether suit is instituted or not, relating to death of or injury to persons, or loss of or damage to property, resulting from, arising out of, or incurred in connection with the existence and use of the Easement and the Easement Area by Grantee and/or its officials, employees, contractors, and/or agents. 10. Default. A. Default by Grantee. In the event of a default by Grantee in the maintenance, operation or repair of the Lift Station, Grantor shall give written notice to Grantee, specifying the nature of such default. Grantee shall have a period of ten(10) days following receipt of said notice in which to remedy the default (or such longer time as may be necessary and reasonable,provided Grantee shall have commenced a cure within said 10-day period and is diligently and continuously prosecuting same); failing which Grantor shall have the right to access the Lift Station,for the limited purpose of effecting the required repair or maintenance.Notwithstanding the foregoing,if the default is of such a nature that an emergency situation arises constituting an unsafe or unsanitary condition, the period for cure of such default shall be accelerated to be a period of time determined by Grantor in its sole discretion,but which is reasonable in light of the nature of the emergency. All costs incident to curing a default by Grantee under this subsection A shall be the sole responsibility and obligation jof and, accordingly, shall be borne by,the Grantee. j B. Default by Grantor. In the event of a default by Grantor in the repair of the Lift Station resulting from damage caused by Grantor to the Lift Station pursuant to Grantors activities i under Section 3 hereof, Grantee shall give written notice to Grantor, specifying the nature of such default. Grantor shall have a period of ten (10) days following receipt of said notice in which to remedy the default(or such longer time as may be necessary and reasonable,provided Grantor shall have commenced a cure within said 10-day period and is diligently and continuously prosecuting same); failing which Grantee shall have the right to effect the required repair of the Lift Station. All costs incident to repair of the Lift Station shall be borne by the Grantor. 11. Enforcement. In the event it becomes necessary for any party to defend or institute legal proceedings as a result of the material failure of either party to comply with the terms, covenants and conditions of this Easement,the prevailing party in such litigation shall recover from the other party all costs and expenses incurred or expended in connection therewith,including,without limitation,reasonable attorneys'fees and costs, at all levels. 4 I I 12. Venue, Jurisdiction. This Easement shall be governed and construed in all respects in accordance with the laws of the State of Florida,without regard to its conflict of laws provisions. Further, all parties hereto agree to avail themselves of and submit to the personal jurisdiction of the Courts of the State of Florida in Miami-Dade County. li 13. Interpretation.No provision of this Easement will be interpreted in favor of,or against, any of the parties hereto by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof. 14. Counterparts.This Easement may be executed in any number of counterparts,each of which shall be deemed an original and all of which, taken together, shall constitute a single document. 15. Notices. All notices, demands, requests or other communications required or permitted to be given hereunder shall be deemed delivered and received upon actual receipt or refusal to receive same, and shall be made by United States certified or registered mail, return receipt requested or by hand delivery, and shall be addressed to the respective parties at the addresses set forth in the preamble to this Easement. 16. Entire Easement. This Easement constitutes the entire agreement between the parties : hereto relating in any manner to the subj ect matter of this Easement. No prior agreement or understanding pertaining to same shall be valid or of any force or effect, and the covenants and agreements herein contained cannot be altered, changed or supplemented except in writing and signed by the parties hereto. 17. Severability. If any clause or provision of this Easement is deemed illegal,invalid or unenforceable under present or future laws effective during the term hereof, then the validity of the remainder of this Easement shall not be affected thereby and shall be legal,valid and enforceable. I REMAINDER OF PAGE INTENTIONALLY LEFT BLANK i 5 IN WITNESS WHEREOF,the parties hereto have duly executed this Grant of Easement as of t the date and year first set forth above. Signed,sealed and delivered GRANTOR: in the presence of: CITY OF MIAMI BEACH, a Florida municipal corporation By: Print Name Name: Title: Print Name STATE OF FLORIDA } )SS: COUNTY OF MIAMI-DADE) i The foregoing instrument was acknowledged before me this day of , 2012, by , as of the City of Miami Beach, a Florida municipal corporation on behalf of such municipal corporation, who is personally known to me or has produced a driver's license as identification. Print or Stamp Name: Notary Public, State of Florida at Large j Commission No.: My Commission Expires: APPROVED AS TO FORM &LANGUAGE & FOR EXECUTION City Attorney Date i 6 f IN WITNESS WHEREOF,the parties hereto have duly executed this Grant of Easement as of the date and year first set forth above. Signed, sealed and delivered GRANTEE: in the presence of: SHE LBORNE OCEAN BEACH HOTEL CONDOMINIUM ASSOCIATION,INC., A Florida Not-for-Profit Corporation By: Print Name Name: Title: Print Name STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this day of , 2012, by _ as of Shelborne Ocean Beach Hotel Condominium Association,Inc.,a Florida Not-for-Profit corporation on behalf of such corporation, who is personally known to me or has produced a driver's license as identification. Print or Stamp Name: Notary Public,State of Florida at Large Commission No.: My Commission Expires: i i 7 EXHIBIT"A" i Hotel Property i i i - i 8 K 2 1 n , a 1 EXHIBIT`< A,, Easement Area. ';! T. t� :r 'T I a t - - - .I - Y -i - _4. . . . .. r - .r 'I. 1 .` . 1 r,1� " '.I - l - .. - - - . :4 •i. I 5, V-- / At4 1 T' } 1 r 1 t r - yrI = 1 , I I ., ;, Y� f, _ + F r O; f. ' t. ,` n-1- I _ i .. 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