Temporary Easement Agreement with Miami-Dade County aol ' - 30 ''Z(/
This instrument prepared by(and after
recording return to):
Gisela Nanson Torres
Senior Assistant City Attorney
City of Miami Beach
1700 Convention Center Drive
Fourth Floor
Miami Reach. Florida 33139 (Reserved for Clerk of the Court)
TEMPORARY EASEMENT AGREEMENT
• This TEMPORARY EASEMENT AGREEMENT ("Agreement") is made and entered into as of
the Ito day of May 2019 ("Effective Date"), by and between the City of Miami Beach, a
municipal corporation of the State of Florida (the "City"), with an address of 1700
Convention Center Drive, Miami Beach, Florida 33139, Attention: City Manager, and
Miami-Dade County (the "County"), a political subdivision of the State of Florida, 111 NW 1st
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 multiple eroded areas of Miami Beach (the
"Joint Project"). Construction of the Federal Dade County Beach Erosion Control and Hurricane
Protection Project was authorized by Section 203 of the Flood Control Acts of 1968, Public Law
90-483, as modified by Section 69 of the Water Resources Development Act of 1974,Public Law
93-251, and expanded under a separate authorization in Title I, Chapter IV of the Supplemental
Appropriations Act of 1985, Public Law 99-88, and by Section 501 of the Water Resources
Development Act of 1986,Public Law 99-662;and
B. The Corps and the County have entered into a Project Partnership Agreement to undertake a cycle
of periodic nourishment for the Joint Project, at full federal expense to the extent that
appropriations provided in Title IV, Division B of the Bipartisan Budget Act of 2018,Public Law
115-123,enacted February 9,2018,are available and used for such purpose;and
C. In furtherance of the Joint Project, the Corps requires the use of certain property owned by the
City for access, and has requested that the County enter into this Agreement for same;and
D. The City owns certain property, described or depicted in the attached Exhibit A 53`d Street
Parking Lot, within the designated "Access Area" and "Staging Area," and Exhibit B 46th Street
Parking Lot, within the designated "Access Area" and "Staging Area" (collectively, the
"Temporary Easement Areas" or the "Property"), that could be used for equipment staging
and access 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:
Page 1
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, for a 24 month period
commencing on the Effective Date, the temporary, non-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 "Access Area" in Exhibit A 53`d Street Parking Lot and in
Exhibit B 46th Street Parking Lot. THE EASEMENT USE SHALL BE SUBJECT TO A CITY
PUBLIC WORKS RIGHT-OF-WAY PERMIT PROCESS.
3. Assignment. The City acknowledges that any of the rights set forth herein may be assigned, in 4
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 Parking Lot identified in Exhibit A,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 730 days, and the required payment
for such parking spaces shall not exceed $379,600.00. 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 than 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 46th Street Parking Lot-The County, and/or its designee, are precluded from using the
Temporary Easement Area identified in Exhibit B 46th Street Parking Lot during Art Basel
(November 14,2019 through December 14,2019).
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
•
EXECUTED as of the date and year first above written.
SIGNED, SEALED AND THE CITY OF NIIAMI BEACH, FLORIDA,
DELIVERED IN THE PRESENCE a municip:I corporat'on of the State of Florida
OF: cri.
By: 11......_ ���.
Name: C r,' -c•1 Ln
Name: Ji m L.Morales
"/ a/L �" . Title: City Manager
N me: 4F`446 ceaZi17ce-D2---- \jSZs xit
. B4 . I,,
Attest: . • pc....s. : ' 4
B j�f�9 , Ci Clerk 0..„ ..:' �y tyi/
, ., !NU°RP °RATED= ,
R0
fael E.Granado ;
z4;`. \\\ , •
i SCO
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STATE OF FLORIDA K,C (p's . 4-
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this /C, day of pfr , 2019 by
Jimmy L.Morale-s City Manager for the City of Miami Beach, Florida.
By:
/LST
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
:aA •`":ai LILIACARDILLO
- MY COMMISSION#GG 230433
...,:,,,..50 WIRES:August 27,2
''f,''oiigg,Bonded T1xu Nosy pubic Underwriters
APPROVED AS TO
FORM & LANGUAGE
& FOR EXE UTION
,n?' 'e' Or"f-- 5ft /('
City Attorneyhtv Date
Paoe 1
SIGNED,SEALED AND MIAMI-DADE COUNTY,FLORIDA,a
DELIVERED IN THE PRESENCE political subdivision of the State of Florida
OF:
By:
Name:
Name:
Title:
Name:
Attest:
By: ,County Clerk
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of , 2019 by
,as ,for Miami-Dade County,Florida.
By:
Signature of Notary Public
My Commission Expires:
Printed,typed or stamp
{
. j
Page 4
EXHIBIT A
53RD STREET PARKING LOT •
COLONS AVENUE —--__ — ---- _ ___
(130'RAO
C2 /rois OF MOWN
CI
M
..8 7A lo i EISIQIY F7Qt'Ci ,Lye
N CS47'7r'E GGI887Q9�1 i3 1 ' [I'., �'-i' ':'r�•''
1700' H 077179'E s
11216' 1
Q44Y Li
S073S10'1708W
. CCESS AREA
- 3,077 SQ.FT. -
I
ll W
1.4
W
g : H PARKING LOT P-72
LOT 22 $ LOT 23 LOT 24 LOT 25 $ LOT 26
a TAGING AREA o.
16.550 SQ.FT.
BLOCK 9
"AMENDED PLAT OF
FIRST OCEAN FRONT
SUBDIVISION"
(P-AT BOOK 9, PAGE 78) •
a •
s 006'11l17 ;r , .7444
/81546135.40 67770 c OAO' p p ASU .
•
CUR1t Zit/
FN6tE r rh iId185i N I�
g 4, CI Hf7.4 15515- -1,50(ff
$ C1 4477.14 0011'.41: 15.75' R07141 T
•.. ` C3 85.00' 6492'4 71.18' S8Q0412'E
U 60.11' 10'16'18' 12.60' 118242'2211 ;
BEACH VIEW PARK
} .CCESS AREA
4.091 SIFT.
cFaet i
C Acres
r 0510 CONTROL LINE
$ .y BEACH ,
EXHIBIT "A"
1170'
i M y 1 tAM18YVtl11 EACH ACCEPTED BY: REVISED TITLE'
lY! BT.B SKETCH OF DESCRIPTION
c PUBLIC WORKS DEPARTMENT 53RD STREET P-72 AND BEACH VIEW PARK AS4
11mf4"MONK 9inW1M.101.11 .oln]wa BRIM T.BELUNO ACCESS ANDSTMING AREAS
CITY MIRVEYOR _
e
j `
•
• EXHIBIT A
53RD STREET PARKING LOT
1
LEGAL DESCRIPTION:
BEING A PARCELS OF LAND LYING IN A PORTION OF LOTS 23, 24, AND 25 BLOCK 9, "AMENDED PLAT OF FIRST OCEAN FRONT
SUBDIVISION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 78, OF THE PUBUC RECORDS OF
MIIAME—DADE COUNTY, FLORIDA BEING MORE PARTICULALRY DESCRIBED AS FOLLOWS:
•
ACCESS AREA:
COMMENCE AT THE NORTHWEST CORNER OF LOT 25, OF SAID "AMENDED PLAT OF FIRST OCEAN FRONT SUBDIVISION", SAID POINT
ALSO BEING A POINT ON A CURVE CONCAVE TO THE EAST, A CHORD WHICH BEARS S 1018'12" E; THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE AND ALONG THE EASTERLY RIGHT OF WAY UNE OF COWNS AVENUE, THROUGH A CENTRAL ANGLE OF
01'55'15" A DISTANCE OF 150.10 FEET TO THE POINT OF BEGINNING; THENCE S 82'32'40" E A DISTANCE OF 64.38 FEET; THENCE S
07'35'40" W A DISTANCE OF 96.70 FEET; THENCE S 4213'34" W A DISTANCE OF 37.53 FEET TO POINT HEREINAFTER REVERED TO
AS POINT "A"; THENCE N 0722'59" E A DISTANCE OF 112.15 FEET; THENCE N 82'21'39" W TO THE INTERSECTION WITH THE SAID
EASTERLY RIGHT OF WAY UNE OF COWNS AVENUE, DISTANCE OF 43.08 FEET, TO THE BEGINNING OF A CURVE CONCAVE TO THE
EAST HAVING A RADIUS-OF 4477.44 FEET, A CHORD WHICH BEARS N 0914'43" E; THENCE NORTHERLY EASTERLY ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 0011'42" A DISTANCE OF 15.25 FEET TO THE POINT OF BEGINNING; .
CONTAINING 3,077 SQUARE FEET OR 0.1 ACRES MORE OR LESS.
STAGING AREA:
BEGIN AT POINT "K; THENCE N 4213'34" E A DISTANCE OF 51.62 FEET; THENCE S 82'30'47" E A DISTANCE OF 232.10 FEET;
. THENCE S 38'57'16" E A DISTANCE OF 59.94 FEET TO A POIINT HEREINAFTER REVERED TO AS POINT"8"; THENCE S 04'55'11" W A
DISTANCE OF 17.30 FEET; THENCE N 82'47'51" W A DISTANCE OF 305.20 FEET; THENCE N 0547'27' E A DISTANCE OF 17.69 FEET
TO POINT"A",SAID POINT ALSO BEING.THE POINT OF BEGINNING. , . .. _,_ _
CONTAINING 16,580 SQUARE FEET OR 0.4 ACRES MORE OR LESS:
ACCESS AREA:
BEGIN AT POINT '8"; THENCE N 38'57'16" W A DISTANCE OF 9.60 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH
HAVING A RADIUS OF 63.00 FEET, A CHORD WHICH BEARS S 80'04'22" E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 64'42'46" A DISTANCE OF 71.16 FEET; THENCE S 86'41'50" E A DISTANCE OF 171.07 FEET TO THE
INTERSECTION WITH THE EROISION CONTROL LINE; THENCE S 04'27'03" W. ALONG THE EROISION CONTROL LINE, A DISTANCE OF
18.70 FEET; THENCE N 89'06'13" W A DISTANCE OF 167.46 FEET; THENCE N 4814'51" W A DISTANCE OF 28.35 FEET, TO THE
BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 60.11 FEET, A CHORD WHICH BEARS N 82'42'22" W;
THENCE WESTERLY ALONG THE ARC'OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 40'36'46' A DISTANCE OF 42.60 FEET TO
POINT'8" SAID POINT ALSO BEING THE POINT OF BEGINNING.
CONTAINING 4,091 SQUARE FEET OR 0.1 ACRES MORE OR LESS..
SURVEYOR'S NOTES:
1. THIS IS NOTA "BOUNDARY SURVEY". THIS IS ONLY A GRAPHIC REPRESENTATION (SKETCH),OF THE LEGAL DESCRIPTION SHOWN
HEREON.
2. BEARINGS SHOWN ARE RELATIVE TO THE EROSION CONTROL UNE WHICH IS ASSUMED TO BEAR 504'27'03"W.
3. LAND SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS OF WAYS OF RECORDS AND A TITLE REPORT
WAS NOT PERFORMED FOR SAID LANDS. •
a
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY: THAT 1NIS 'SKETCH AND LEGAL DESCRIPTION' IS CORRECT AND MEETS THE STANDARD.{OF I PRACTICE FOR
FLORIDA
SURVEYING AND MAPPIADMINISTRATIVENG
CODE.IN THE STATE OF FLORIDA AS SET FOURTH IN CHAPTER 472.027 (F.S.) AND,CHAPTER 5J 17°?OF THE
T e f
" 3
"NOT VALID WITHOUT THE SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER".
h R
04/29/2019 "`' `
DATE BRIAN T. BEWNO.'PSM,.., ° " .
CITY SURVEYOR'MANAGER ,„ ,��:
SURVEYOROR AND'MAPPER 014973
STATE OF FLORIDA '
AI BE ACH ACCEPTED SY; REVISED 'DIVE;
DT.o LEGAL DESCRIPTION,SURVEYORS NOTES
PUBLIC WORKS DEPARTMENT M. AND CERTIFICATION AS3
MOf RCOW�,,,i,NAC,,,n33,„ OMAN T.SELUNO 53RD STREET P-72 AND BEACH VIEW PARK
CITY SURVEYOR ACCESS AND STAGING AREAS •
EXHIBIT B ,
46TH STREET PARKING LOT
COLONS AVENUE
oar R,A%
•�� sEarlulo
. .. IN
• 1101'32.34t S 011234"W 318.73'
20.10' —.
/\EsrEaY 1550TOFSWtl,E
-r,. .. a
a.e4. .
RE OOMMR IA7i1 MOCK 0
S
it La
. $ i
gl gi BLOCK 8
_ " "AMENDED PLAT OF
INDIAN BEACH CORPORATION'S SUBDIVISION"
(PLAT 800K 8, PAGE 61)
•CCESS AREA
10,126 SQ.FT.
PARKING LOT P-71
LOT 8 LOT 9 LOT 10 LOT it LOT 12 LOT 13
1
I
3
W
Z
W
I
(�T�d��rT.�ra�(dd f ++'r11.t:; ,�, „�,,,., YT.-.. 0'0
6F�6�1: 40 Cr
I
C6 106.32 254650 44.13 171'2846: a
•
C7 75.2r 21'44'24' 28.15 58709'5517 ;
N035125'E
231.10
. .
NonevE INDIAN BEACH PARK
it.*6411 W STAGING AREA 14
A / 40,933 SQ.FT.
F
9 0T2i'05'E
1. 974'16'23V
T
N 6235.44"x ` ROSION CONTROL UNE
•
E 18.65' i S 0244.52*E
233.40' I
N 6TH E
BEACH
10'30' 7
•
EXHIBIT "A
S ACCEPTED BY; REVISED TTT�S
nAI�nA! L Ar __EMILSKETCH OF DESCRIPTION
Y l y ti 46TH STREET P-71 AND INDIAN BEACH PARK AS2
I;; PUBLIC WORKS DEPARTMENT
1M CW12101011 curteR ORM.MAIO BUCK fanw BRIAN T.BEUING • ACCESSAREAARD STAGING AREA
CITY SURVEYOR
EXHIBIT B
46TH STREET PARKING LOT
LEGAL DESCRIPTION:
BEING A PARCEL OF LAND LYING IN A PORTION OF LOTS 9, 10, 11, AND 12 BLOCK 8 "AMENDED PLAT OF THE INIDIAN
BEACH CORPORATIONS'S SUBDIVISION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT.800K 8, PAGE 61, OF
THE PUBLIC RECORDS OF MIIAME-DADE COUNTY, FLORIDA BEING MORE PARTICULALRY DESCRIBED AS FOLLOWS;
ACCESS AREA:
COMMENCE AT THE NORTHWEST CORNER OF LOT 12, OF SAID "AMENDED PLAT OF THE INDIAN BEACH CORPORATION'S
SUBDIVISION; THENCE S 01 32'34" W, ALONG THE WESTERLY RIGHT OF WAY UNE OF GOWNS AVENUE, A DISTANCE 318.73
FEET TO THE POINT OF BEGINNING; THENCE S 82'40'57" E A DISTANCE OF 181.39 FEET; THENCE N 87'39'29" E A
DISTANCE OF 38.63 FEET; THENCE S 82'28'49" E A DISTANCE OF 183.71 FEET; THENCE S 86'57'52" E A DISTANCE OF
50.80 FEET TO A POINT HEREINAFTER REFER TO AS POINT "A"; THENCE S 7813'32" W A DISTANCE OF 29.15 FEET, TO
THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 123.73 FEET, A CHORD WHICH BEARS N
75'56'14" E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 1851'17" A DISTANCE
OF 40.72 FEET; THENCE N 8715'08" E TO THE INTERSECTION WITH THE EROSION CONTROL LINE, A DISTANCE OF 20.45
FEET; THENCE S 02'44'52" E ALONG THE EROSION CONTROL UNE A DISTANCE OF 15.77 FEET; THENCE N 89'35'44" W A
DISTANCE OF 16.66 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF 106.32 FEET,
A CHORD WHICH BEARS S 75'28'46" W; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 23'46'50" A DISTANCE OF 44.13 FEET; THENCE S 6434'18" W A DISTANCE OF 15.08 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 75.27 FEET, A CHORD WHICH BEARS S 82'09'55" W; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21'44'24" A DISTANCE OF 28.56
FEET; THENCE N 82'29'49" W A DISTANCE OF 210.06 FEET; THENCE S 87'39'29" W A DISTANCE OF 52.33 FEET; THENCE
N 82'40'57" W TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF GOWNS AVENUE, A DISTANCE OF 181.06
FEET; THENCE.N.01'32'34 E..ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF COLLINS AVENUE, A DISTANCE OF 20.10
FEET TO THE POINT OF BEGINNING.
CONTAINING 10,126 SQUARE FEET OR 0.2 ACRES MORE OR LESS.
STAGING AREA:
BEGIN AT SAID POINT "A"; THENCE N 13'40'36" W A DISTANCE OF 9.89 FEET; THENCE N 84'35'22" W A DISTANCE OF
44.07 FEET; THENCE N 04'28'32" E A DISTANCE OF 14.50 FEET; THENCE N 83'00'35" W A DISTANCE OF 36.57 FEET;
THENCE N 23'41'31" W A DISTANCE OF 14.33 FEET; THENCE N 03'51'25" E A DISTANCE OF 231.40 FEET; THENCE S
85'25'21" E, TO THE INTERSECTION WITH THE EROSION CONTROL LINE, A DISTANCE OF 148.43 FEET; THENCE S 02'44'52" E,
ALONG NE EROSION CONTROL LINE, A DISTANCE OF 233.49 FEET; THENCE S 7418'23" W A DISTANCE OF 62.51 FEET;
THENCE S 07'25'05" E A DISTANCE OF 8.78 FEET; THENCE N 7813'31" E A DISTANCE OF 29.15 FEET TO POINT "A" SAID
POINT ALSO BEGINNING THE POINT OF BEGINNING.
. CONTAINING 40,933 SQUARE FEET OR 0.9 ACRES MORE OR LESS.
SURVEYOR'S NOTES: `
1. THIS IS NOT A "BOUNDARY SURVEY:, THIS IS ONLY A GRAPGHIC REPRESENTATION (SKETCH) OF THE LEGAL DESCRIPTION
, SHOWN HEREON.
2. BEARINGS SHOWN ARE RELATIVE TO THE EROSION CONTROL LINE WHICH IS ASSUMED TO BEAR S02'44'52"E.
3. LAND SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS OF WAYS OF RECOREDS AND A TITLE
j REPORT WAS NOT PERFORMED FOR SAID LANDS.
SURVEYOR'S CERTIFICATION:
HEREBY CERTIFY: THAT THIS "SKETCH AND LEGAL DESCRIPTION" IS CORRECT AND MEETS THE STANDARDS'OF,PRAC110E
FOR SURVEYING AND MAPPING IN THE STATE FLORIDA AS SET FOURTH 'IN CHAPTER 472.027 (F S.) AND CHAPTER 5J-17
OF THE FLORIDA ADMINISTRATIVE CODE
"NOT VAUD WITHOUT THE SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER".
Ct:-
04/29/2019 i �
BRIAN BELLING, PS -,�``
DATE CITY SURVEYOR'MANAGER - ` °
SURVEYOROR AND MAPPER_#4973
STATE OF FLORIDA'
�M(�
1 MI I ACH ACCEPTED BY. REVISED "
R.r.
REVISED " LEGAL DESCRIPTION,SURVEYOR'S NOTES
MIS AND CERTIFICATION ASS I
r; PUBLIC WORKS DEPARTMENT 46TH STREET P-71 AND INDIAN BEACH PARK
MO CONVINUOWSHTEi C"ME IHRUMEACN,,1]7133 &VAN T.°ELMO
CRY SURVEYOR ACCESS AREA AND STAGING AREA