Seawall Agreement This Instrument Prepared
by and return to:
Raul J. Aguila, City Attorney
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
A portion of Folio Number: 02-3226-001-0990
SEAWALL AGREEMENT
Re: Class 1 Permit Application ("Permit") related to the installation of the seawall ("Seawall")
by the City of Miami Beach, Florida(the"City"),adjacent to a portion of the property,having
the street address of 2811 Indian Creek Drive ("Property"), as more particularly described
in Exhibit"A", attached hereto;
Owner of Property: Watercup 2811, LLC ("Owner")
Pursuant to this Seawall Agreement ("Agreement"), the City and Owner agree as follows:
Consideration and Cooperation. As consideration for the City's installation of the Seawall,
at the City's sole cost and expense, Owner agrees to execute the Permit. Additionally, Owner
and its successors and/or assigns agree to execute any subsequent permit, which the City or
other authorities having jurisdiction may require in connection with the Seawall, after Owner's
review, as long as the scope of work does not impair Owner's use of the Property. This approval
in no way creates a partnership or gives the City any ownership, lien, vested rights or otherwise
in the use or occupancy of the Property.
Indemnification. To the extent permitted by Florida law, and subject to the limitations on
the City's liability in Section 768.28, Florida statutes, the City of Miami Beach, Florida, and its
successors and assigns,expressly agree to save,defend,indemnify and hold harmless Watercup
2811, LLC, its officers, employees, agents, or contractors (collectively, "Owner Indemnified
Parties),from and against any and all loss, liability,damages, claims,costs, reasonable attorneys'
fees and expenses (collectively, "Losses"), arising out of or related to the City's sole negligence
in connection with the installation of the Seawall. Notwithstanding the foregoing indemnification,
the City makes no warranty regarding the Seawall and Owner hereby disclaims any and all implied
warranties of merchantability and fitness, fitness for a particular purpose, intended use,
workmanship or construction respecting the Seawall imposed by statute, case law or
otherwise. The City's indemnification obligation, as set forth herein, shall not include any Losses
arising out of or related to the negligence of the Owner Indemnified Parties.
•
1
Remedies. The terms of this Agreement may be enforced by injunctive relief and any
other available remedies. In any action at law or in equity between the parties occasioned by a
default hereunder, the Prevailing Party shall be entitled to collect its reasonable attorneys' fees
actually incurred in the action from the non-prevailing party at trial and all appellate levels. As
used herein, the term "Prevailing Party"shall mean the party who receives substantially the relief
sought.
Covenants Run with the Land. The provisions of this Agreement shall constitute
covenants running with the land, and shall be binding upon the parties hereto, their successors
and assigns.
Recording. This Agreement may be recorded by the City, at the City's cost, in the Public
Records of Miami-Dade County, Florida.
Sovereign Immunity/No Waiver of City Police Powers. Nothing contained in this
Agreement shall be construed as a waiver of the City's right of sovereign immunity. Additionally,
nothing in this Agreement or in the parties' acts or omissions in connection herewith shall be
deemed in any manner to waive, impair, limit, or otherwise affect the authority of the City in the
discharge of its police or governmental powers.
[Signature Pages Follow]
2
Signed, witnessed, executed and acknowledged this day of , 2020.
Signed, sealed and delivered
in the presence of:
Wit sses: ./ Watercup 2811 LLC,
a Florida limited liability company
L. 1
J
I -— ...►
If I . awsk1 N JAB Services, LLC, a Florida lim ted
Prin liability company, Manager
dilai I
/� �( �� By: •ATW Family ��Elk -- L � By: � PAVAIIIi
Print Name: Print Name: nrstormenc VI
Title: ► A iiiMeAla
r v.,' •
STATE OF FLORIDA )
ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me, mans of /physical
pre nce .L�,^,•g or go line notarization, this g day of At
2020 by
tun � I SPcSP.I ti- as 11.i: ' , on behalf of Watercup 2811
LLC, Florida limited liability company, p. who is personally known to me or[ ]who has produced
as identification. }l- r j/
//
My Commission Expires: Nota,f'ublic, State of Florida
+ ' My COMMISSION ft GG 315239
1-
Z: � f EXPIRES:AO 3.2°23
';::,R01::^•'' BOTMNotary Under
vid,ts
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Signed, witnessed, executed and acknowledged this I3 day of V c-r°3e\ , 2020.
Signed, sealed and delivered
in the presence of: City of Miami Beach, Fl%rida,
a Florina municipal corpi ation
Witne /
By: 1.111=. %sk —_
Ji y L. Mora e , City anager
Print :;=;•
Attest:
---Jk�� S4 L v m 1. t 6/1121�td
Print Name: Rafael E. Granado, Clerk
APPROVED AS TO
FORM&LANGUAGE
F EX CLITION
, V-CD
City Attorne � ia- �a.c
Y
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before m by means of /Physical
presence or online notarization, this % ,day of !.fr
, 2020 by Jimmy L.
Morales and Rafael E. Granado, as City Manag and City Clerk, respectively, of the City of Miami
Beach, a Florida my�nicipal corporation, , [ ,]/who are personally known • me • ] who have
produced )v a- as identi ' a on.
/
My Commission Expires: otary Public, State of F1.rida
CARMEN B.HERNANDEZ
.: • ;,: MY COMMISSION#GG 208676
' -:&gyp`i EXPIRES:August 3,``2022
"'FOFf5`, ponded,yru Notary Public Underwriters
4
Exhibit "A"
Legal Description
All that certain tract of land lying West of Indian Creek Drive and East of Indian Creek, the North
line of which is the North line of Lot 11, Block 10, extended Westwardly to Indian Creek and the
South line of which is the South line of Lot 11, Block 10, extended Westwardly to Indian Creek,
Amended Map of Ocean Front Property of the Miami Beach Improvement Company, recorded in
Plat Book 5, Page 7, Public Records of Miami-Dade County, Florida
A portion of Folio Number: 02-3226-001-0990
5
CFN:20200613181 BOOK 32164 PAGE 1361
DATE:10/26/2020' 09:14:25 AM
HARVEY RUVIN,CLERK OF COURT,MIA-DADE CT
This instrument Prepared
by and return to:
Raul J. Aquila, City Attorney
City of Miami Beach, Fiorida
1700 Convention Center Drive
Miami Beach, Florida 33139
A portion of Folio Number: 02-3228-001-0990
SEAWALL AGREEMENT
Re: Class 1 Permit Application ("Per fit°) related to the installation of the seawall ("Seawall")
by the City of Mia mt Beach,Florida(the°Q"), adjacent to a portion of the property,having
the street address of.2811 Indian Creek Drive(Property"), as more particularly described
in Exhibit°'A", attached hereto;
Owner of Property: Watercup 2811, LLC ("Owner")
Pursuant to this Seawall Agreement("Agreement°), the City and Owner agree as follows:
Consideration and Cooperation. As consideration for the City's installation of the Seawall,
at the City's sole cost and expense, Owner agrees to execute the Permit, Additionally, Owner
and its successors and/or assigns agree to execute any subsequent permit, which the City or
other authorities having jurisdiction may require in connection with the Seawall, after Owner's
review, as long as the scope of work does not impair Owners use of the Property. This approval
in no way creates a partnership or gives the City any ownership, lien, vested rights or otherwise
in the use or occupancy of the Property.
indemnification. To the extent permitted by Florida law, and subject to the limitations on
the City's liability in Section 768,28, Florida statutes, the City of Miami Beach, Florida, and its
successors and assigns,expressly agree to save,defend, indemnify and hold harmless Watercup
2811, LLC, its officers, employees. agents, or contractors (collectively, "Owner indemnified,
' ries),from and against any and all loss,liability,damages, claims,costs, reasonable attorneys'
fees and expenses (collectively, "Losses"), arising out of or related to the City's sole negligence
in connection with the installation of the Seawall. Notwithstanding the foregoing indemnification,
the City makes no warranty regarding the Seawall and Owner hereby disclaims any and all implied
warranties of merchantability and fitness. fitness for a particular purpose, intended use,
workmanship or construction respecting the Seawall imposed by statute, case law or
otherwise. The City's indemnification obligation, as set forth herein, shall not include any Losses
arising out of or related to the negligence of the Owner Indemnified Parties.
1
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CFN: 20200613181 BOOK 32164 PAGE 1363
\ 101 t -) 2020.
Signed,witnessed, executed and acknowledged this _/day of k j -A,v,nee--
Signed, sealed and delivered
in the presence of:
edit sse "4,1/ :� Watercup 2811 LLC,
/1?! it $ 4---/- a Florida limited liability company
Li
•W { • ,
.. 1 lir• � t .. ..,:i .�:.. .s f IV JAB Services, LLC, a Florida limited
Prin..k1 r liability company, Manager 1
iS4�` t�f(`C ' l 7 By:AT1N Family L'f _ 1 .
,'' € � :;.' / :fit, it J'r
Print Name: Print Name: T]" J; ;l.1()
Title: , '
s
STATE OF FLORIDA )
} ss:
COUNTY OF MIAMI-FADE i
1
The foregoing instrument was acknowledged before me,��^y means"of V physical
prey nce or opline notarization, this _ '...2) day of . '. e ° 2020 by
11 A. PVas e�" on behalf of i latercup 2811
LLC,a Florida limited liability company, who is person- Hy known to me or[ ]who has produced
as identification. '
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My Commission Expires: Notapj,P6blic, State of Florida
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CFN: 20200613181 BOOK 32164 PAGE 1364
Signed, witnessed, executed and acknowledged this . day of �' ; =i3 , 2020.
Signed, sealed and delivered
in the presence of: City of Miami Beach, Flrida,
a Floriha municipal carpi ation
Withe j
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, 0�,. rw ,,: `"*•�" ............... rr.::",x„ .":".`Y..�,,
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_ Ji • . y L. Morale§, City Manager
Print ". ,; "" e
a .:::. :..;...... ... Attest: '
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Print Name: Rafael E. Granado, Clerk
APPROVED AS IC)
FORM ELANC...1P'.,::is
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STATE OF FLORIDA )
) ss:
COUNTY OF M IAM I-DAC E )
The foregoing instrument was acknowledged before m , by means of physical
presence or online notarization, this t• .,,..day of z_..2.:'"# (2...k.- , 2020 by Jimmy L.
Morales and Rafael E. Granada, as City Mannar 'and City Clerk, respectively. of the City of Miami
Beach, a Florida m .nicipal corporation, , [• who ark,personallr----,-
known t me I who have
produced )i (.1,.. as identifata on. ' N"-"`�
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My Commission >Exp res: Mary Public, State of F, rida
.v , :e: f COMMISSION#GG20661a k
;A E PIRES Avisi 3,2022
'4;Q :0'''' 600444 Theti WWI Put*tAxieisetraes '
4
CFN: 20200613181 BOOK 32164 PAGE 1365
Exhibit"A"
Legal Description
All that certain tract of land lying West of Indian Creek Drive and East of Indian Creek, the North
line of which is the North line of Lot 11, Block 10, extended Westwardly to Indian Creek and the
South line of which is the South line of Lot 11, Biock 10, extended Westwardly to Indian Creek,
Amended Map of Ocean Front Property of the Miami Beach Improvement Company, recorded in
Plat Book 5, Page 7, Public Records of Miami-Dade County, Florida
A portion of Folio Number: 02-3226-001-0990
5
CFN: 20200613181 BOOK 32164 PAGE 1366
RESOLUTION NO. 2017-29982
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AN
AMENDMENT TO THE APPROVAL GRANTED TO THE CITY
MANAGER, PURSUANT TO RESOLUTIONS 2016-29584 AND
2017-29749 (AND AS FURTHER AUTHORIZED BY ACTION OF
THE CITY COMMISSION ON MAY 17, 20 '17), SO THAT THE
MANAGER CAN ACCEPT THE TRANSFER TO THE CITY, VIA
QUIT CLAIM DEED, EASEMENT AGREEMENT, OR CROSS-
EASEMENT AGREEMENT, OF THE LAND ADJACENT TO THE
SEAWALL ALONG INDIAN CREEK DRIVE BETWEEN 23RD
STREET AND 26TH STREET, SO THAT THE CITY AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) MAY
EXTEND 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 FROM 41ST STREET THROUGH 23RD STREET
(EXTENDING THE ORIGINAL AUTHORIZATION BY ADDING THREE
ADDITIONAL BLOCKS BETWEEN 26 STREET AND 23RD 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 bather
wall to improve street drainage and raise the road elevation for Indian Creek Drive between 26th
and 418t Streets; and
WHEREAS, thereafter, on February 8, .2017, the City Commission adopted Resolution
2017-29749, which authorized the City Manager to accept quit claim deeds with an easement
agreement, providing the upland property owners the ability to build a dock, or similar structure,
in the future, on the water-ward side of the seawalls; and
WHEREAS, on May 17, 2017, the Mayor and City Commission, during the discussion on
Item R9N, of the agenda, authorized the City Manager to also allow the city to accept cross-
easement agreements, rather than quit claim deeds, in order to complete the seawall project
along Indian Creek Drive between 26th Street and 41st Street; and
WHEREAS, the City Manager and Public Works Department would like to extend the
above authorizations provided to the City Manager to accept quit claim deeds, deeds with an
easement to the upland owner to build a dock, or cross-easement agreements, for the area
along Indian Creek Drive between 26th Street and 23rd Street; and
WHEREAS, such authorization would allow the City to construct a 5.7 NAVD elevation
seawall barrier wall to improve street drainage and raise the road elevation for Indian Creek
Drive through to 23rd Street..
CFN: 20200613181 BOOK 32164 PAGE 1367
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City
Commission, authorize an Amendment to the approval granted to the City Manager, pursuant to
Resolutions 2016-29584 and 2017-29749 (and as further authorized by action of the City
Commission on May 17, 20917), so that the City Manager can accept the transfer to the City,
via quit claim deed, easement agreement, or cross-easement agreement, of the land adjacent
to the seawall along Indian Creek Drive between 23rd Street and 26th Street, so that the City
and The Florida Department Of Transportation (FDOT) may extend 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 from 41st Street through 23rd Street (extending the original
authorization by adding three additional blocks between 26 Street and 23rd Street).
PASSED AND ADOPTED this 00i day of September, 2017.
rJ �
ATTEST: Phili• iii : ,Q yor
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Rafael . Granado, Cit C erkO cE. ;1"4 r APPROVED AS TO
�s FORM & LANGUAGE
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T:\AGENDA1201719-September\Public Workstresolution Indian creek drive quit claim deeds and easement to 23 street revised 8,17.2017.docx
CFN: 20200613181 BOOK 32164 PAGE 1368
Resolutions - C7 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 13, 2017
SUBJECT. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING AN AMENDMENT TO THE APPROVAL
GRANTED TO THE CITY MANAGER, PURSUANT TO RESOLUTIONS 2016-29584
AND 2017-29749 (AND AS FURTHER AUTHORIZED BY ACTION OF THE CITY
COMMISSION ON MAY 17, :2017), SO THAT THE MANAGER CAN ACCEPT THE
TRANSFER TO THE CITY, VIA QUIT CLAIM DEED, EASEMENT AGREEMENT,
OR CROSS-EASEMENT AGREEMENT, OF THE LAND ADJACENT TO THE
SEAWALL ALONG INDIAN CREEK DRIVE BETWEEN 23RD STREET AND 26TH
STREET, SO THAT THE CITY AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) MAY EXTEND THE CONSTRUCTION OF A5.7 NAVD
ELEVATION SEAWALL BARRIER WALL, WHICH WOULD IMPROVE STREET
DRAINAGE, AND RAISE THE ROAD ELEVATION FOR INDIAN CREEK DRIVE
FROM 41ST STREET THROUGH 23RD STREET (EXTENDING THE ORIGINAL
AUTHORIZATION BY ADDING THREE ADDITIONAL BLOCKS BETWEEN 26
STREET AND 23RD STREET).
RECOMMENDATION
The Administration recommends approving the Resolution.
ANALYSIS
On September 27, 2016,the City Con-mission 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.
On February .8, 2017, the City Commission adopted. Resolution 2017-29749, which authorized the
City Manager to accept quit claim deeds with an easement agreement, providing the upland property
owners the ability to build a dock, or similar structure, in the future, on the water-ward side of the
seawalls.
On May 17, 2017, the Mayor and City Commission discussed Item R9N in the agenda, which also
authorized the City Manager to allow the City to accept cross-easement agreements, rather than quit
claim deeds, in order to complete the seawall project along Indian Creek Drive between 26th Street
and 41st Streets.
CFN: 20200613181 BOOK 32164 PAGE 1369
The City Manager and Public Works Department would like to extend the above authorizations
provided to the City Manager to accept quit claim deeds, deeds with an easement to the upland
owner to build a dock, or cross-easement agreements, for the area along Indian Creek Drive
between 26th Street and 23rd Streets. Such authorization would allow the City to construct a 5.7
NAVD elevation seawall barrier wall to improve street drainage and raise the road elevation for Indian
Creek Drive through to 23rd Street.
CONCLUSION
The Administration recommends approving the Resolution.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
L.) UPDATED RESO