2017-29749 Reso RESOLUTION NO. 2017-29749
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER TO ACCEPT THE TRANSFER
TO THE CITY, VIA QUIT CLAIM DEEDs, WITH AN ACCOMPANYING
EASEMENT AGREEMENT FOR THE PRIOR UPLAND OWNER, SO
THAT THE PRIOR UPLAND OWNER MAY HAVE FOR ACCESS TO
THE SEAWALL TO DEVELOP A DOCK; ALONG THE
APPROXIMATELY 4, 000 LINEAR FEET OF SEAWALL ALONG
INDIAN CREEK DRIVE; SO THAT THE CITY AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) MAY UNDERTAKE
THE CONSTRUCTION OF A 5.7 NAVD ELEVATION SEAWALL
BARRIER WALL, WHICH WOULD IMPROVE STREET DRAINAGE,
AND RAISE THE ROAD ELEVATION FOR INDIAN CREEK DRIVE,
BETWEEN 26TH STREET AND 41 ST STREET.
WHEREAS, on September 27, 2016, the City Commission adopted Resolution 2016-
29584, which authorized the City Manager to accept the transfer to the City, via quit claim
deeds, of approximately 4,000 linear feet of seawall along Indian Creek Drive from the Private
Property Owners adjacent to Indian Creek Drive, so that the City and the Florida Department of
Transportation (FDOT) may undertake the construction of a 5.7 NAVD elevation seawall barrier
wall to improve street drainage and raise the road elevation for Indian Creek Drive between 26th
and 41St Streets; and
WHEREAS, during the September 27, 2016 City Commission meeting, several property
owners along Indian Creek Drive requested to work with the City to develop a quit claim deed
that would also provide easement rights to the upland property owners, to be able to build a
dock, or similar structure, in the future, on the water-ward side of the seawalls; and
WHEREAS, the Mayor and City Commission had no objection to said request but
requested that the form document be brought back to the City Commission for approval; and
WHEREAS, the City has worked with the various land use lawyers to develop a
template quit claim deed and easement agreement to allow the dock usage, which template
document is attached hereto as Exhibit 1; and
WHEREAS, the proposed form of the modified quit claim deed and easement
agreement is attached hereto as Exhibit 1 .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City
Commission approve and authorize the City Manager to accept the transfer to the City, via quit
claim deeds, with an accompanying easement agreement provided to the prior upland owners,
so that the prior upland owners may have for access to the seawall to develop a dock; along the
approximately 4, 000 linear feet of seawall along Indian Creek Drive; so that the City and the
Florida Department of Transportation (FDOT) may undertake the construction of a 5.7 NAVD
elevation seawall barrier wall, which would improve street drainage, and raise the road
elevation for Indian Creek Drive, between 26th Street and 41 St Street.
PASSED AND ADOPTED this $' day of February, 2017 /
ATTEST: Philip L /Or
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Rafael E. Granado, ity Jerk
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and Quit Claim Deeds.doc
This instrument was prepared by and after
recording should be returned to:
Raul J. Aguila, City Attorney
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
(Reserved for Clerk of Court)
QUIT-CLAIM DEED AND EASEMENT AGREEMENT
THIS QUIT-CLAIM DEED, made as of this day of , 2017 (the
Effective Date), by , a company, whose address is
("First Party"), to the City of Miami Beach, a
Florida municipal corporation, whose address is 1700 Convention Center Drive, Miami Beach,
Florida 33139 ("Second Party"):
(Wherever used herein the terms First Party and Second Party shall include
singular and plural, heirs, legal representatives, and assigns of individuals, and
the successors and assigns of corporations, wherever the context so admits or
requires).
WHEREAS, First Party wishes to sell the Property, as more particularly described
herein, to Second Party, which Property has an adjoining seawall that is in disrepair, and
Second Party is authorized to accept title to the Property and undertake the necessary repairs
to the adjoining seawall, as authorized pursuant to City of Miami Beach Resolution No. 2016-
29584.
WITNESSETH, that the said First Party, for and in consideration of the sum of Ten
Dollars and other good and valuable consideration ($10.00) in hand paid by the said Second
Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim
unto the said Second Party forever, all the right, title, interest, claim and demand which the said
First Party has in and to the following described land, situate, lying and being in Miami-Dade
County, Florida, (the "Property") and legally described as follows:
TO HAVE AND TO HOLD the same together with all the tenements, hereditaments and
appurtenances thereunto belonging.
The First Party reserves for itself, its successors and assigns a perpetual, non-exclusive
easement of ingress and egress in, over, on, and through the Property, specifically for the
benefit of First Party's property (as defined in the Easement Agreement), pursuant to the term(
and conditions set forth in the Easement Agreement, incorporated herein by reference and
attached hereto as Exhibit "A".
EXHIBIT
1 1
•
IN WITNESS WHEREOF, the said First Party has signed and sealed these presents the day
and year first above written.
Signed, sealed and delivered
in the presence of:
a company
Witnesses:
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 2017 by , as , on
behalf of , a company, who is personally
known to me or who has produced as identification.
My Commission Expires: Notary Public, State of Florida
APPROVED AS TO
FORM & LANGUAGE
& FOR ECUTION
City Attorney Date
2
Exhibit"A"
Easement Agreement
This Easement Agreement ("Easement Agreement") is made this _ day of
, 2017, by and between the City of Miami Beach, a Florida municipal corporation,
whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City")
and , a company, whose address is
("Company") (the City or Company may be referred to herein individually as a
"party" or collectively as "parties");
WHEREAS, the City is the owner of that land, situate, lying and being in Miami-Dade
County, Florida ("City's Property") legally described as:
WHEREAS, the Company is the owner of that land, situate, lying and being in Miami-
Dade County, Florida ("Company's Property") legally described as:
WHEREAS, Company desires to preserve a perpetual, non-exclusive easement for
ingress and egress on, in and over the City's Property, with the exact location(s) to be
determined at a future date, in connection with any future development of Marine Related Uses,
as defined in Section 2, which uses are anticipated to be developed adjacent to or near the
seawall adjacent to the City's Property, specifically for the benefit of Company's Property;
WHEREAS, the City has the authority and capacity to grant the perpetual, non-exclusive
easement granted herein pursuant to City of Miami Beach Resolution Number
WHEREAS, the City Manager as referenced in this Easement Agreement shall mean
the chief executive officer of the City or such person (the City Manager's designee) as may from
time to time be authorized in writing by such administrative official to act for him/her with respect
to any or all matters pertaining to this Easement Agreement.
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 parties agree as follows:
1. The above recitals are true and correct and are incorporated herein as part of this
Easement Agreement.
2. the City does hereby grant to Company, its successors and assigns, a perpetual, non-
exclusive easement for ingress and egress in, over, on, and through the City's Property,
for the benefit of the Company Property, in connection with the construction, operation
and maintenance of Marine Related Uses and subject to the terms and conditions set
forth herein.
3. As referred to herein, Marine Related Uses shall include water transportation stops, wet
dockage for pleasure craft, kiosks, walkways and decks, the operation of watercraft
rental, and other similar improvements and activities associated with the use of the
waterway.
4. Company will have the right to construct, maintain and operate, at its sole cost and
expense, improvements in connection with a Marine Related Use ("Marine
Improvement"). All Marine Improvements shall require the City Manager's prior written
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consent, which consent shall not be unreasonably withheld, and provided that the
proposed Marine Improvement does not interfere with the City's use of the City's
Property; does not pose a public health, safety or welfare risk; or does not pose a risk of
damage to the improvements at the City's Property, which City improvements may
include, but are not limited to the seawall/retaining wall, utilities, public access and
pedestrian walkway, or other City improvements.
5. All approved Marine Improvements shall be constructed, operated and maintained in
compliance with all applicable regulations of the Federal, State, County, City of Miami
Beach Code of Ordinances, and any other regulations governing the Marine Related
Use (collectively, "Laws"). Following completion of any Marine Improvement, Company,
at its sole cost and expense, shall have the sole responsibility for repairing and
maintaining the Easement Area and the Marine Improvements, including any
surrounding area, which may include the seawall, if applicable. Company shall provide
the same level of maintenance for the Easement Area and Marine Improvements as the
City currently provides for similar areas and similar improvements, but at minimum, the
Marine Improvements shall be maintained and operated in a safe, clean and orderly
manner.
6. Should Company fail to maintain the Easement Area or any Marine Improvements
constructed in connection with any Marine Related Uses, upon receipt of thirty (30) days
written notice from the City, and Company's failure to remedy the condition to the City
Manager or City Manager's designee's satisfaction, the City may, but without an
obligation to do so, undertake Company's repair obligation and Company shall
reimburse the City for said expense within thirty (30) days from presentment of the
invoice.
7. Subject to the limitations set forth in Section 4, Company shall have the right to access
any portion of the City's Property which may be reasonably necessary to grant Company
access to the Marine Improvements or in connection with the operation of the Marine
Related Use. Upon the City approving a Marine Improvement, the parties shall execute
an amendment to this Easement Agreement, attaching a sketch of the Marine
Improvement and the legal description of the easement area ("Easement Area"),
describing the location of the Marine Improvement and access locations at the City's
Property for ingress and egress related to the Marine Improvement or Marine Related
Use.
8. The City shall not withhold or obstruct Company's access to the Easement Area through
the installation of a fence or other similar means; except as may be necessary in
connection with any repairs or improvements to the City's Property, such as the
installation of a new seawall/retaining wall; or as may be necessary for the health,
safety, or welfare of the general public.
9. The Easement may be modified, amended, or released as to any portion of the
Easement by a written instrument executed by both parties hereto or their successors or
assigns, providing that same has been approved by the City Commission.
10. It is understood and agreed that any City official has the right to enter and investigate the
use of the Property, to verify compliance with the conditions of this Easement Agreement
or any applicable Laws.
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11. Company, its employees, agents, servants, partners, principals or subcontractors
(collectively, "Indemnifying Parties") shall indemnify and hold harmless the City, its
officers, employees, agents and instrumentalities (collectively, "Indemnified Parties")
from any and all liability, losses or damages, including the costs of any suits, attorney's
fees and other expenses in connection therewith, including trial and appeals therefrom,
which the Indemnified Parties may incur as a result of claims, demands, suits, causes of
action, or proceedings of any kind or nature arising out of, relating to, or resulting from
the negligence of the Indemnifying Parties; use of the Easement Area or Marine
Improvement; or in connection with the Maritime Related Use.
12. Insurance.
a. Construction Insurance. Upon approval of a Marine Improvement by the City, but
no later than the date Company secures all required governmental approvals to
commence construction, Company shall purchase insurance, as may be requested
by the City Manager or his designee, based upon insurance coverages customary for
the construction of the approved Marine Improvement, which may include, without
limitation, Builder's Risk insurance; Payment and Performance Bond for the value of
the construction of the Marine Improvement and Commercial General Liability
insurance for the Contractor, reflecting the City as an additional insured (collectively
"Construction Insurance").
b. Upon completion of the first approved Marine Improvement, Company shall
secure and thereafter maintain, at all times, insurance covering the Easement Area
and all completed Marine Improvements, as may be requested by the City Manager
or his designee, based upon insurance coverages customary for the completed
Marine Improvement, but in any event, Company shall maintain the following
minimum insurance requirements:
1. Commercial General Liability: $1,000,000 per occurrence;
$2,000,000 in the aggregate.
2. Property: Full replacement value for any completed Marine
Improvements within the Easement Area.
Such insurance policies shall name the City as an additional insured and loss payee
thereunder; 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 provide for waiver of subrogation. Company shall provide
the City with a certificate of insurance evidencing said coverages.
Company shall provide the City with written notice of any cancellation of
coverage within two (2) days from receipt of any notification of cancellation to:
The City of Miami Beach
Attention of Risk Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
The City reserves the right to modify the insurance requirements, in the City
Manager or his designee's reasonable discretion, based upon any change in the type
or number of Marine Improvements constructed.
13. 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,
5
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
Attention: City Manager
With a copy to: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attention: City Attorney
If to Grantee at:
With a copy to:
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 Agreement.
14. Either party may bring an action, at law or in equity, to enforce the terms and conditions
of this Easement Agreement against any party or person violating or attempting to
violate any provision of this Easement Agreement, either to restrain violations or to
recover damages.
15. This Easement Agreement shall be enforceable in Miami-Dade County, Florida, and if
legal action is necessary by either party with respect to the enforcement of any or all of
the terms and conditions herein, exclusive venue for the enforcement of same shall be
Miami-Dade County, Florida. This Easement Agreement shall be governed by, and
construed in accordance with, the laws of the State of Florida, both substantive and
remedial, without regard to principles of conflict of laws. The exclusive venue for any
litigation arising out of this Easement Agreement shall be Miami Dade County, Florida, if
in state court, and the U.S. District Court, Southern District of Florida, if in federal court.
BY ENTERING INTO THIS EASEMENT AGREEMENT, COMPANY AND THE CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS EASEMENT
AGREEMENT.
16. Entire Agreement. This Easement Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes all prior
agreements, understandings and arrangements, both oral and written.
17. City Representations. City covenants, warrants and represents (i) that City is the fee
simple owner of the City's Property and has the right, title and capacity to grant the
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perpetual, non-exclusive easement granted herein, and (ii) there are no lienholders on
the Easement Property.
18. Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created under the terms of this Easement
Agreement are appurtenant to the City's Property. The provisions hereof shall run with
the land, shall be binding on the parties hereto, their successors and assigns, and shall
inure to the benefit of Company's Property.
[Signature Pages Follow]
APPROVED AS TO
FORM & LANGUAGE
&FOR EXE UTION
Gov5 _
City Attorney Dote
/01)*
Signed, witnessed, executed and acknowledged this day of , 2017.
Signed, sealed and delivered
in the presence of: Company ,
a company
Witnesses:
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 2017 by , as , on
behalf of , a company, who is
personally known to me or who has produced as identification.
My Commission Expires: Notary Public, State of Florida
8
Signed, witnessed, executed and acknowledged this day of , 2017.
Signed, sealed and delivered
in the presence of: City of Miami Beach,
a Florida municipal corporation
Witnesses:
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 2017 by , as , on
behalf of the City of Miami Beach, a Florida municipal corporation, who is personally known to
me or who has produced as identification.
My Commission Expires: Notary Public, State of Florida
9
Resolutions - R7 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 8, 2017
SUBJECT: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO ACCEPT THE TRANSFER TO THE CITY, VIA QUIT CLAIM
DEEDS, WITH AN ACCOMPANYING EASEMENT AGREEMENT FOR THE PRIOR
UPLAND OWNER, SO THAT THE PRIOR UPLAND OWNER MAY HAVE ACCESS
TO THE SEAWALL TO DEVELOP A DOCK;ALONG THE APPROXIMATELY 4,000
LINEAR FEET OF SEAWALL ALONG INDIAN CREEK DRIVE; SO THAT THE
CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAY
UNDERTAKE THE CONSTRUCTION OF A 5.7 NAVD ELEVATION SEAWALL
BARRIER WALL, WHICH WOULD IMPROVE STREET DRAINAGE, AND RAISE
THE ROAD ELEVATION FOR INDIAN CREEK DRIVE, BETWEEN 26TH STREET
AND 41 ST STREET. •
RECOMMENDATION
The Administration recommends approving the Resolution.
ANALYSIS
On September 27, 2016, the City Commission adopted Resolution 2016- 29584, which
authorized the City Manager to accept the transfer to the City, via quit claim deeds, of
approximately 4,000 linear feet of seawall along Indian Creek Drive from the private property
owners adjacent to Indian Creek Drive, so that the City and the Florida Department of
Transportation (FDOT) may undertake the construction of a 5.7 NAVD elevation seawall barrier
wall to improve street drainage and raise the road elevation for Indian Creek Drive between 25th
and 41st. Streets.
During the September 27, 2016 City Commission meeting, several property owners along
Indian Creek Drive requested to work with the City to develop a quit claim deed that would also
provide easement rights to the upland property owners, to be able to build a dock, or similar
structure, in the future, on the water-ward side of the seawalls.
The Mayor and City Commission had no objection to said request but requested that the form
document be brought back to the City Commission for approval. The City has worked with the
various land use lawyers to develop a template quit claim deed and easement agreement to
allow the dock usage. The proposed form of the modified quit claim deed and easement
Page 707 of 873
agreement is attached hereto as Exhibit 1 .
CONCLUSION
The Administration recommends approving the Resolution.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ Resolution and Attachment
Page 708 of 873