Temporary Easement Agreement 0o16 - 2q 3355
This instrument prepared by(and after
recording return to):
Eve A. Boutsis
Chief Deputy City Attorney
City of Miami Beach
1700 Convention Center Drive
Fourth Floor
Miami Beach, Florida 33139
(Reserved for Clerk of Court)
TEMPORARY EASEMENT AGREEMENT
THIS TEMPORA1 Y EASEMENT AGREEMENT("Agreement") is made and entered into as of
the y day of kt. , 2016, by and between the CITY OF MIAMI BEACH, a municipal
corporation of the Sta of F orida(the "City"), with an address of 1700 Convention Center Drive, Miami
Beach, Florida 33139, and Miami-Dade County (the "County"), a political subdivision of the State of
Florida, 111 NW First Street, Miami, Florida 33128.
RECITALS:
A. The City, the County and the United States Army Corps of Engineers (the
"Corps") have jointly coordinated to provide beach material in two eroded areas
of the Miami Beach, Miami-Dade County, Florida, Erosion Control and
Hurricane Protection Project(the"Joint Project"); and
B. In furtherance of the Joint Project, the Corps requires the use of certain property
owned by the City for access and staging, and has requested that the County enter
into this Agreement in connection with same; and
C. The City owns certain property legally described or depicted in Exhibits A (46th
Street Hot Spot) and B (52nd Street Hot Spot) attached hereto (collectively the
"Temporary Easement Areas" or the "Property") that could be used for access
and staging in order to fulfill the goals of the Joint Project..
NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth
hereinafter, and for other good and valuable consideration,the receipt and sufficiency of which are hereby
acknowledged,the parties hereby agree that the foregoing recitals are true and correct and further agree as
follows:
1. The foregoing recitals are incorporated as if fully set forth herein.
2. The City hereby grants to Miami-Dade County, its successors, and assigns ,for the use of
the County, its agents, employees, contractors, representatives and licensees, (collectively, the
"Temporary Easement Beneficiaries"), for a 24 month period, commencing on the Effective Date, the
temporary, exclusive easement on, over, and upon the Temporary Easement Areas, subject to the terms,
conditions, reservations and restrictions set forth herein, for the purpose of access, as well as all other
work necessary or incidental to the construction of the Joint Project, including but not limited to borrow
and/or deposit fill, erection and removal of temporary structures, staging of vehicles, equipment, and
materials, together with the right to trim, cut, fell and remove therefrom all trees, underbrush,
obstructions, and any other vegetation, structures, or obstacles, in connection with the Joint Project, The
only areas of the Property which can be utilized for ingress and egress are the areas of the Property
labeled and described as "Designated Paths" in Exhibits A and B. THE EASEMENT USE SHALL BE
SUBJECT TO A CITY PUBLIC WORKS ROW PERMIT PROCESS.
3. Assignment. The City acknowledges that any of the rights set forth herein may be
assigned, in whole or in part, including but not limited to the County's assignment of this Agreement to
the Corps, its agents, contractors, and employees, who shall be performing work and activities on the
Property, and the rights and obligations of the parties shall inure to the benefit of and be binding upon
their successors and assigns.
4. Parking. A City permit or City authorization shall be required for the actual parking
spaces needed at the 53`d Street area identified in Exhibit B, and such permit or authorization shall require
payment to the City up of$10.00 per parking space per day for each day that such parking spaces are
reserved with the appropriate City department. In no event shall such reservation exceed either 52
parking spaces per day or 200 days, and the required payment for such parking spaces shall not exceed
$104,000. Notwithstanding anything stated herein, if revenues have been received by the City that meet
the City's bond obligations for said parking spaces for the relevant time period, no payment shall be
required; if the City's bond revenue obligations for said parking spaces are not met for the relevant time
period, but the bond revenue deficit is less that the payment that would otherwise be required for parking
spaces under this paragraph,then only the amount of the bond revenue deficit shall be due.
5. At the 46 Street Hot Spot- The County, and/or its designee, are precluded from using use
the Temporary Easement Area identified in Exhibit A during Art Basel (November 9`''' 2016 through
December 18th, 2016) and the Yacht Show (January 9`" through March 10th, 2017), as detailed in the
contractor's specifications.
6. Enforcement. The parties shall resolve any disputes, controversies, or claims between
them arising out of this Agreement in accordance with the "Florida Governmental Conflict Resolution
Act,"Chapter 164, Florida Statutes, as amended.
7. Nothing herein shall constitute a waiver of Section 768.28 of the Florida Statutes or shall
be construed as impacting or modifying the protections set forth therein.
8. Nothing in this Agreement, express or implied, is intended to (i) confer upon any entity
or person other than the parties and their successors or assigns any rights or remedies under or by reason
of the Agreement as a third party beneficiary or otherwise, except as specifically provided in this
Agreement; or (ii) authorize anyone not a party to this Agreement to maintain an action pursuant to or
based upon this Agreement.
Page 2 of 5
EXECUTED as of the date and year first above written.
SIGNED, SEALED AND DELIVERED THE CITY OF MIAMI BEACH,FLORIDA, a •
IN THE PRESENCE OF: Florida municipal co I
/ oration
0
_ciAthi,..4) . , , By: ,�,
i, . i eA £Arc I �
,61,'OE_ _ Ji y ora s, City Manager
� ��uqI\\"I
Name: /.-. l; 0 V Cl ' - ''��� \1 ..8 x"44
�Q . . 0 4s
Attest: A ST: 5�• -~y, :1, •
�r°°".ti
' C I( / • * INCORP ORATED:
Rafael E. Granado,City Clerk • ,,,' A/' '& "
By: City Clerk °CH 26 r',
Approved as to form and language
and for execution:
....,,,,, iy..y.. Zio/A,
Atto y Dated
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this`/ day of ilprl ' , 20lbby
Jimmy Morales, City Manager, respectively, for the City of Miami Beach, Florida, on behalf of the City.
j7i .
By: W 1/L1
Signature()Notary Public
,�—. _ ,._...,.e a;,,L.,,�, My Commission Expires: S 1 f/
?4,,, • e otyry4bo-s igl Florida
1 " ° 11:8:1'1 M Comm.Expires May 6,2018
4i I ,° y # FF 119808 .
%b, �()�' Commission
Page 3 of 5
SIGNED, SEALED AND DELIVERED Miami-Dade County
IN THE PRESENCE OF:
By:
Name: Name:
Title:
Name:
Approved as to form and language
and for execution:
County Attorney Dated
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this day of , 2016 by
, as and on behalf of the Miami-Dade County.
By:
Signature of Notary Public
My Commission Expires:
Printed,typed or stamp
Page 4 of 5
COMPOSITE EXHIBIT A
LOCATION OF TEMPORARY EASEMENT AREA AND MAP
Page 5 of 5
COMPOSITE EXHIBIT A
LOCATION OF TEMPORARY EASEMENT AREA AND MAP
Page 5 of 5
EXHIBIT A
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