2016-29512 Reso RESOLUTION NO. 2016-29512
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND ACCEPTING A GRANT OF A
PERPETUAL SIDEWALK EASEMENT AGREEMENT BETWEEN THE CITY AND
PALAU SUNSET HARBOR, LLC, AS THE OWNER OF THE RESIDENTIAL
APARTMENT BUILDING KNOWN AS "PALAU" LOCATED AT 1201- 1237 20TH
STREET, MIAMI BEACH, FLORIDA;WHICH EASEMENTS SHALL:ALLOW THE
CITY TO USE PALAU SUNSET HARBOR, LLC'S SIDEWALK AS A PUBLIC
SIDEWALK PEDESTRIAN ACCESS EASEMENT AREA.
WHEREAS, Palau Sunset Harbor, LLC, a Delaware LLC, authorized to do business in the
State of Florida (hereinafter"Palau"), IS the owner of 1201- 1237 20th Street, Miami Beach, Florida;
and
WHEREAS,on March 13,2013, Palau obtained Design Review Approval under DRB File no.
22889, for 1201- 1237 20th Street,for a multi-family residential building the property,which required
the construction of a baywalk and a sidewalk on private property; and
WHEREAS, in the interim, Public Works has been constructing stormwater improvements,
including the construction of pump stations and raising the roads within Sunset Harbour; and
WHEREAS,the plans approved by Design Review Board for the Palau provided for a private
sidewalk fronting 20th Street, street trees, and then a public sidewalk within the public right-of-way;
and
WHEREAS, due to the stormwater construction efforts, and the raising of the streets within
Sunset Harbour, the public sidewalk fronting Palau was eliminated; and
WHEREAS, Public Works desires to obtain a sidewalk easement agreement from Palau,so
that the public may traverse the private sidewalk of Palau, in perpetuity, rather, than attempt to
construct a second public sidewalk, within the public right-of-way; and
WHEREAS, Palau has agreed to the placement of a perpetual sidewalk easement on its
property fronting Sunset Drive, for the use of the already constructed sidewalk; and
WHEREAS, Palau shall dedicate a portion of 1201 - 1237 20th Street to be used as a
sidewalk and provide the City with the Sidewalk Easement as a public pedestrian sidewalk; and
WHEREAS, Palau desires to transfer to the City, its successors and assigns, a perpetual
easement on, in, and over the Sidewalk Easement area for the purpose of providing public
pedestrian access through and over the area; and
WHEREAS,the Public Works Department seeks authorization from the City Commission to
accept and authorize the attached Easement Agreement providing a sidewalk easement to the City;
and
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
approve and accept a grant of a perpetual sidewalk easement agreement between the City and
Palau Sunset Harbor, LLC, as the owner of the residential apartment building known as "Palau"
located at 1201 - 1237 20th Street, Miami Beach, Florida; which easements shall: allow the City to
use Palau Sunset Harbor, LLC's sidewalk as a public sidewalk pedestrian access easement area.
PASSED AND ADOPTED this 13 day of July, 2016.
ATTEST:
/1111 2P Po Phil?ry"ne, Mayor
Rafael Granado, Cit Clerk
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T:b4GENDA\2016Wuly\Public Works\Resolution Palau sidewalk easement final.doc
This instrument prepared by,
or under the direction of,
Prepared by and Return to:
Eve A. Boutsis, Esq.
City of Miami Beach
1700 Convention Center Drive
Fourth Floor
Miami, FL 33139
PERPETUAL SIDEWALK EASEMENT
THIS GRANT OF NON-EXCLUSIVE PERPETUAL SIDEWALK EASEMENT (this "Easement
Agreement") is made this day of , , by Palau Sunset Harbor, LLC,a Delaware LLC,
authorized to do business in the State of Florida (the "Owner"), do SFCM, 3100 NW 72nd Avenue, Suite
113, Miami Florida 33122, in favor of the City Of Miami Beach, a Florida municipal corporation (the"City"),
having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida.
NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner by these
presents hereby grants, sells, and conveys to the City, its successors and assigns, a non-exclusive
perpetual easement("Easement") on, in, and over the Easement Parcel for the purpose of providing public
pedestrian access through and over the Easement Parcel.
1. Owner of 1201- 1237 20th Street, Miami Beach, Florida hereby grants unto the City, its
successors and assigns, at the Owner's expense, a perpetual sidewalk Easement for the purpose of
public pedestrian access on the constructed sidewalk along Sunset Drive and as delineated in the
Easement Parcel depicted on Exhibit "A," attached hereto and to be made a part hereof. Any other
uses permitted by Owner within the Easement area shall not be inconsistent with the rights granted
hereunder, nor impede the use of the area by City in accordance with the uses authorized hereunder.
2. Owner shall provide unrestricted pedestrian access to, over, across and in the Easement
Parcel, provided that such use does not materially interfere with the continued use of the Easement Parcel
as permitted herein by the City and the public.
3. The parties agree that in connection with each of their respective rights to install and
maintain utilities in the subsurface of the Easement Parcel pursuant to this grant of easement,each party
(i) shall notify the other of its intention to install, repair or otherwise maintain such utilities, (ii) shall
cooperate fully with the other party and take such steps as may be necessary to insure that any such
installation, maintenance or repair of said utilities will not interfere with the use or functioning of existing
utilities, (iii) shall, to the extent feasible, integrate any proposed Owner covenants, warrants and
representations that it is the fee simple owner of the Easement Parcel and has the right,title,and capacity
to grant the non-exclusive perpetual Easement granted herein.
4. This grant of non-exclusive perpetual Easement shall inure to the benefit of and be binding
upon the heirs, legal representatives, successors and assigns of the parties hereto, as applicable.
5. Modification, Amendment, Release. This Easement may be modified, amended or
released as to the land herein described, or any portion thereof, by a written instrument executed by the
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then owner(s) of the Property, including joinders by all mortgagees, if any, provided that the same is also
approved by the City Commission of Miami Beach.
6. Any notices required or permitted to be given under this Easement shall be in writing and shall
be deemed to have been given if delivered by hand, sent by recognized overnight courier(such as
Federal Express)or mailed by certified or registered mail, return receipt requested, in a postage
prepaid envelope, and addressed as follows:
If to the City at: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attn: City Manager, City Attorney, PW Director
If to Owner at: Palau Sunset Harbor, LLC
c/o SFCM
3100 NW 72nd Avenue, Suite #113
Miami, Florida 33122
Attn: Mathew J. Cicero
Phone: 305-637-3699
Fax: 305-634-7607
Notices personally delivered or sent by overnight courier shall be deemed given on the date of delivery and
notices mailed in accordance with the foregoing shall be deemed given three (3) days after deposit in the
U.S. mails. The terms of this Section shall survive the termination of this Easement.
7. Following acceptance by the City of improvements identified in Exhibit A,which Owner has
already completed, Owner shall have sole responsibility for and shall bear the total cost of repair and
maintenance of same, except for any repairs and maintenance arising from the gross negligence of the
City or any successor thereto.
Y
8. The Owner shall provide the same level of maintenance on the Easement Parcel (public
sidewalk) and the improvements thereon and provide the same standard of maintenance required by the
City for public sidewalks.
9. The Owner shall maintain insurance on the Easement Parcel ,at all times as is reasonably
customary for such property, and in any event with the minimum amounts as follows:
a. Commercial General Liability: $1,000,000 per occurrence; $2,000,000 in
the aggregate.
b. Property: Full replacement value for any improvements within the
Easement Area.
Such insurance policies shall be written by insurance companies licensed to do business in
Florida and with general policyholder rating of no less than A- and a financial rating of at least VII; and
shall contain a requirement that the insurer provide 30-days written notice to the City of any cancellation of
coverage to the attention of Risk Manager, 1700 Convention Center Drive, Miami Beach, Florida 33139.
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The Owner shall provide the City with a certificate of insurance evidencing said coverages.
10. Indemnification. The Owner, its successors and/or assigns, indemnifies and holds harmless
and forever releases and discharges the City of Miami Beach, the Department, and the City's officers,
employees, personnel and agents,from any and all liability, claim, damages or losses(including the costs
. of any suits, attorney's fees and other expenses in connection therewith, including trial and appeals
therefrom) arising out of, or in connection with the event of an accident due to the construction of the
improvements identified herein.
11. Construction.
a. This Easement Agreement shall be construed and governed in
accordance with the laws of the State of Florida. All of the parties to this
Agreement have participated fully in the negotiation and preparation hereof;
and, accordingly, this Easement shall not be more strictly construed against
any one of the parties hereto.
b. In construing this Easement Agreement,the use of any gender shall
include every other and all genders, and captions and section and paragraph
headings shall be disregarded.
c. All of the exhibits attached to this Easement Agreement are
incorporated in, and made a part of, this Agreement.
12. Severability. In the event any term or provision of this Easement Agreement be
determined by appropriate judicial authority to be illegal or otherwise invalid,such provision shall be given
its nearest legal meaning or construed as deleted as such authority determines, and the remainder of this
Easement shall be construed to be in full force and effect.
13. Litigation. In the event of any litigation between the parties under this Easement
Agreement for a breach hereof, the prevailing party shall be entitled to reasonable attorney's fees and
court costs at all trial and appellate levels. The terms of this Section shall survive the termination of this
Easement Agreement.
14. Time of Essence. Time shall be of the essence for each and every provision hereof.
15. Entire Agreement. This Easement Agreement, together with the documents referenced
herein, constitute the entire agreement and understanding among the parties with respect to the subject
matter hereof, and there are no other agreements, representations or warranties other than as set forth
herein.This Easement may not be changed, altered or modified except by an instrument in writing signed
by the party against whom enforcement of such change would be sought.
16. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes,
acts of God, inability to obtain labor or materials or reasonable substitutes therefor, riot, civil commotion,
fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform,
excluding the financial inability of such party to perform shall excuse the performance by such party for a
period equal to any such period of prevention, delay or stoppage.
17. This Easement shall be irrevocable for a 120 day period from execution, in order for the City
Commission to authorize and accept this grant of Easement ("Acceptance Period"). Once executed by
both parties, the Easement shall not be revocable unless authorized by both parties in accordance with
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paragraph 7, above. Owner shall deposit the sum of Five Thousand Dollars($5,000.00)with Escrow Agent
in accordance with a separate Escrow Agreement to ensure Owner's compliance with this Easement
Agreement during the Acceptance Period.
TO HAVE AND TO HOLD the same unto said City, its successors and assigns forever, and the
Owner will defend the title to said lands against all persons claiming by, through or under said Owner.
EXECUTION PAGES FOLLOW
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IN WITNESS WHEREOF, the undersigned has caused this grant of perpetual Easement agreement to
be executed by execution of this instrument as of this day of , 2016.
THE OWNER
PALAU SUNSET HARBOR, LLC
BY:
Name:
Title:
Witnesses:
Name:
Name:
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged beforemethis day of
2016, by Palau Sunset Harbor, LLC, on behalf of the company. He is personally known to me or has
produced as identification and who did (did not) take an oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission expires:
Serial No., ifary:
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CONSENT
The undersigned lien or, owner and holder of that certain Mortgage recorded in Official Records
Book , at Page , of the Public Records of Miami-Dade County, hereby consents to the
grant of easement rights as provided herein and subordinates the lien and effect of its security interest to
this Easement Agreement and Easement Parcel.
BANK
BY:
Name:
Title:
Witnesses:
Name:
• Name:
The foregoing instrument was acknowledged beforemethis day of
2016, by , as , on behalf of the company. He is personally
known to me or has produced as identification and who did (did not) take
an oath.
NOTARY PUBLIC
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
City Attorney Doke
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Accepting A
Grant Of A Perpetual Sidewalk Easement Agreement Between The City And Palau Sunset Harbor, Llc,As The Owner
Of The Residential Apartment Building Known As"Palau" Located At 1201-1237 20th Street, Miami Beach, Florida;
Which Easement Shall: Allow The City To Use Palau Sunset Harbor, Llc's Sidewalk As A Public Sidewalk Pedestrian
Access Easement Area.
Key Intended Outcome Supported:
Build and maintain priority infrastructure with full accountability
Item Summary/Recommendation:
The Public Works Department is in receipt of a Perpetual Easement for sidewalk purposes across the frontages of this
development on 20th Street and Sunset Drive.
Palau Sunset Harbor, LLC, a Delaware LLC, authorized to do business in the State of Florida(hereinafter"Palau"), is
the owner of 1201- 1237 20th Street, Miami Beach, Florida. On March 13, 2013, Palau obtained Design Review
Approval under DRB File no. 22889, for 1201- 1237 20th Street, in order to construct a multi-family residential building
the property, which required the construction of a baywalk and a sidewalk on private property. In the interim, Public
Works has been constructing stormwater improvements, including the construction of pump stations and raising the
roads within Sunset Harbour. The plans approved by Design Review Board for the Palau provided for a private
sidewalk fronting 20th Street, street trees, and then a public sidewalk within the public right-of-way.
Due to the stormwater construction efforts, and the raising of the streets within Sunset Harbour, the public sidewalk
fronting Palau was eliminated. Public Works desires to obtain a sidewalk easement agreement from Palau,so that the
public may traverse the private sidewalk of Palau, in perpetuity, rather than attempt to construct a second public
sidewalk,within the public right-of-way. Palau has agreed to the placement of a perpetual sidewalk easement on the
approximate five front feet of its property, and has already constructed the sidewalk.
Palau shall dedicate a portion of 1201- 1237 20th Street to be used as a sidewalk and provide the City with the Sidewalk
Easement in order to provide a public pedestrian sidewalk. Palau desires to transfer to the City, its successors and
assigns, a perpetual easement on, in, and over the Sidewalk Easement area for the purpose of providing public
pedestrian access through and over the area.
The Public Works Department seeks authorization from the City Commission to accept and authorize the attached
Easement Agreement providing a sidewalk easement to the City.
THE ADMINISTRATION RECOMMENDS APPROVING AND ACCEPTING THE PERPETUAL SIDEWALK
EASEMENT.
Advisory Board Recommendation: N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Eric Carpenter, Public Works X6012
Sign-Offs:
Asst. Departme it or Assistant Cit Manager/DPW City j, anager
JJF ETC </; JLM
T:\AGENDA\2016UuIy\Public Works\Palau.-easement-summary.docx
Agenda Item rR1 83
MIAMI BEACH • Date 7-134
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
C•MMISSIONr EMORANDUM
l ;
To: Mayor Philip Levine and Members if the City eymmission
I �
FROM: Jimmy L. Morales, City Manager
II
DATE: July 13, 2016
SUBJECT:A RESOLUTION OF THE MA IS R AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AP ROVING AND ACCEPTING A GRANT OF A
PERPETUAL SIDEWALK EASEMENT AGREEMENT BETWEEN THE CITY AND
PALAU SUNSET HARBOR, LLC, AS THE OWNER OF THE RESIDENTIAL
APARTMENT BUILDING KNOWN AS "PALAU" LOCATED AT 1201-1237 20TH
STREET, MIAMI BEACH, FLORIDA; WHICH EASEMENT SHALL: ALLOW THE
CITY TO USE PALAU SUNSET HARBOR, LLC'S SIDEWALK AS A PUBLIC
SIDEWALK PEDESTRIAN ACCESS EASEMENT AREA.
The Public Works Department is in receipt of a Perpetual Easement for sidewalk purposes
across the frontages of this development on 20th Street and Sunset Drive.
Palau Sunset Harbor, LLC, a Delaware LLC, authorized to do business in the State of Florida
(hereinafter "Palau"), is the owner of 1201- 1237 20th Street, Miami Beach, Florida. On March
13, 2013, Palau obtained Design Review Approval under DRB File no. 22889, for 1201- 1237
20th Street, in order to construct a multi-family residential building the property, which required
the construction of a baywalk and a sidewalk on private property. In the interim, Public Works
has been constructing stormwater improvements, including the construction of pump stations
and raising the roads within Sunset Harbour. The plans approved by Design Review Board for
the Palau provided for a private sidewalk fronting 20th Street, street trees, and then a public
sidewalk within the public right-of-way.
Due to the stormwater construction efforts, and the raising of the streets within Sunset Harbour,
the public sidewalk fronting Palau was eliminated. Public Works desires to obtain a sidewalk
easement agreement from Palau, so that the public may traverse the private sidewalk of Palau,
in perpetuity, rather than attempt to construct a second public sidewalk, within the public right-of-
way. Palau has agreed to the placement of a perpetual sidewalk easement on the approximate
five front feet of its property, and has already constructed the sidewalk.
Palau shall dedicate a portion of 1201- 1237 20th Street to be used as a sidewalk and provide
the City with the Sidewalk Easement in order to provide a public pedestrian sidewalk. Palau
desires to transfer to the City, its successors and assigns, a perpetual easement on, in, and over
the Sidewalk Easement area for the purpose of providing public pedestrian access through and
over the area.
Page 2
The Public Works Department seeks authorization from the City Commission to accept and
authorize the attached Easement Agreement providing a sidewalk easement to the City.
CONCLUSION
The Administration recommends approving and accepting the perpetual sidewalk easement.
JLM/ AM/WRB/EB
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