Resolution 93-20988 •
RESOLUTION NO. 93-20988
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING
A TERMINABLE NON-EXCLUSIVE EASEMENT AND
MAINTENANCE AGREEMENT TO AMNESIA
INTERNATIONAL, INC. , FOR THE PROPERTY LEGALLY
DESCRIBED AS LOTS 1 AND 2 BLOCK 9, OCEAN BEACH
SUBDIVISION (2-38) .
WHEREAS, the City of Miami Beach, operates a public park
on Lots 1 and 2, Block 9, Ocean Beach Subdivision (2-38) located
adjacent to the property being developed by Amnesia International,
Inc . (Amnesia) ; and
WHEREAS, Amnesia indicated a willingness to landscape and
maintain the aforementioned park in order to enhance the property
and the adjacent neighborhood; and
WHEREAS, the City and Amnesia mutually agree that the
property will, at all times, remain a park and Amnesia will
continue to operate and maintain the property as such and shall in .
no way change, alter or restrict the use and character of the park;
and
WHEREAS, Amnesia has agreed to perform work and pay all
costs associated with the installation and maintenance of
landscaping on the aforementioned park; and
WHEREAS, the Parks, Recreation and Culture Department
'recommends that the City grant the terminable non-exclusive
Easement, as reflected in attached Exhibit "A" .
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a minable
non-exclusive Easement and Maintenance Agree.1ent be g- ted to
10(Amnesia International, Inc. as reflected in attached Exh cit "A"
PASSED and ADOPTED this 1st day of December, 1993111, �j / /`'—
MAYOR
ATTEST: -0(
-t-a..4,-,A L Zi-.3,_-__
CITY CLERK
MD/sh
FORM APPRO ED .
LEG L •
By 41 %
Date 7//4 /7 3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION NTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 2, la3
TO: Mayor Seymour Gelber and DATE: December 1 , 1993
Members of the City Commission
FROM: Roger M. C 611
City Manager
SUBJECT: AUTHORIZATION TO PROCEED WITH TERMINABLE NON-EXCLUSIVE
EASEMENT AND MAINTENANCE AGREEMENT FOR INSTALLATION OF
LANDSCAPING ON THE CITY OF MIAMI BEACH PARK LOCATED
ADJACENT TO AMNESIA INTERNATIONAL, 136 COLLINS AVENUE.
ADMINISTRATION RECOMMENDATION:
The Administration recommends approval of a terminable non-
exclusive easement and property maintenance agreement permitting
installation of landscaping on the City of Miami Beach park
adjacent to Amnesia International located at 136 Collins Avenue .
BACKGROUND:
Staff has had a series of meetings with the principals of Amnesia
at which they presented a plan to landscape and maintain the above
referenced park in order to enhance the property and the adjacent
neighborhood. This property would remain a public city park, and
the landscaping improvements would be maintained by Amnesia. The
landscaping plans were prepared by Bill Rosenberg and were reviewed
by Kevin Smith, Director of Recreation, Parks and Culture and Dean
Grandin, Deputy Director, Development, Design and Historic
Preservation.
ANALYSIS :
As the facility is nearing completion, it is necessary that the
terminable non-exclusive easement be granted at this time in order
to allow these improvements to be made. The Administration
supports this effort because it will permit an existing park to be
upgraded and maintained with no expense to the City.
RMC/MD/svh_
•
•
AGENDA
ITEM R—
DATE 1 2- g
TERMINABLE NON-EXCLUSIVE EASEMENT AND MAINTENANCE' AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THE CITY OF MIAMI BEACH, FLORIDA (Grantor) , a municipal
corporation, in consideration of the sum of TEN AND 0/100 DOLLARS
($10) and other good and valuable consideration paid to Grantor by
Amnesia International, Inc . , a Florida corporation (Grantee) , the
mailing address of which is 136 Collins Avenue, Miami Beach,
Florida 33139, hereby grants, to Grantee, for the use by Grantee
and such persons as shall from time to time be designated by
Grantee, and subject to approval by Grantor, a Terminable Non-
Exclusive Easement (Easement) for the sole purpose of landscaping
and for thereafter maintaining same in that certain parcel of real
property (Easement Area) situated in the City of Miami Beach, Dade
County, Florida and more particularly described in Exhibit "A" ,
annexed hereto and hereby made a part hereof .
TO HAVE AND HOLD the same unto said Grantee, its successors
and assigns for so long as Grantee maintains the aforestated
landscaping, as set forth in Exhibit "A" , within the Easement Area,
unless otherwise terminated as provided herein.
By acceptance of this Easement, Grantee agrees that it will at
all times maintain and keep in good condition whatever landscaping
it places within the Easement Area. Grantor shall approve all
landscaping placed by Grantee.
The Grantor reserves the rights to (1,) Grant further easements
to any other person or entity for any lawful purpose, including but
not limited to utility easements; and (2) reserves the right to
terminate this Easement, for convenience, without case, given to
the above described Grantee, upon thirty (30) days written notice.
Grantor shall, under no circumstances, be liable to Grantee for any
expenditures made by Grantee pursuant to this Easement, even in the
event of Grantor' s exercise of termination as set forth
herein. In the event of termination by the Grantor, the Grantee
agrees to execute any document requested by Grantor to evidence
termination of this Easement .
It is further understood that the Easement Area is designated
as a City of Miami Beach park and shall at all times remain as such
throughout the term of this Easement . Grantor shall continue to
operate and maintain the Easement Area in accordance with all
applicable local, state and federal classifications pertaining to
such City parks of like size and character, and the parties hereto
acknowledge that in no way shall the grant of this Easement to
Grantee in any way change, alter or restrict the use and character
of the Easement Area to anything other than a public City park.
It is expressly understood and agreed that the Grantor
reserves unto itself all rights of ownership of the Easement Area
not inconsistent with the Easement granted herein. In the event of
•
I I
0 C
•
TERMINABLE NON-EXCLUSIVE EASEMENT AND MAINTENANCE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THE CITY OF MIAMI BEACH, FLORIDA (Grantor) , a municipal
corporation, in consideration of the sum of TEN AND 0/100 DOLLARS
($10) and other good and valuable consideration paid to Grantor by
Amnesia International, Inc. , a Florida corporation (Grantee) , the
mailing address of which is 136 Collins Avenue, Miami Beach,
Florida 33139, hereby grants, to Grantee, for the use by Grantee
and such persons as shall from time to time be designated by
Grantee, and subject to approval by Grantor, a Terminable Non-
Exclusive Easement (Easement) for the sole purpose of landscaping
and for thereafter maintaining same in that certain parcel of real
property (Easement Area) situated in the City of Miami Beach, Dade .
County, Florida and more particularly described in Exhibit "A" ,
annexed hereto and hereby made a part hereof .
TO HAVE AND HOLD the same unto said Grantee, its successors
and assigns for so long as Grantee maintains the aforestated
landscaping, as set forth in Exhibit "A" , within the Easement Area,
unless otherwise terminated as provided herein.
By acceptance of this Easement, Grantee agrees that it will at
all times maintain and keep in good condition whatever landscaping
it places within the Easement Area. Grantor shall approve all
landscaping placed by Grantee.
The Grantor reserves the rights to (1) Grant further easements
to any other person or entity for any lawful purpose, including but
not limited to utility easements; and (2) reserves the right to
terminate this Easement, for convenience, without case, given to
the above described Grantee, upon thirty (30) days written notice .
Grantor shall, under no circumstances, be liable to Grantee for any
expenditures made by Grantee pursuant to this Easement, even in the
event of Grantor' s exercise of termination as set forth
herein. In the event of termination by the Grantor, the Grantee
agrees to execute any document requested by Grantor to evidence
termination of this Easement .
It is further understood that the Easement Area is designated
as a City of Miami Beach park and shall at all times remain as such
throughout the term of this, Easement. Grantor shall continue to
operate and maintain the Easement Area in accordance with all
applicable local, state and federal classifications pertaining to
such City parks of like size and character, and the parties hereto.
acknowledge that in no way shall the grant of this Easement to
Grantee in any way change, alter or restrict the use and character
of the Easement Area to anything other than a public City park.
It, is expressly understood and agreed that the Grantor
reserves unto itself all rights of ownership of the Easement Area
not inconsistent with the Easement granted herein. In the event of
litigation relating to this Easement, the prevailing party of any
such action shall be entitled to reasonable attorney' s fees and
costs, throughout all appellate levels, if so applicable .
All notices to be given shall be in writing and shall be
deemed given when delivered by hand or three (3) days after the
date when mailed, certified mailed, return receipt requested
To Grantee :
Amnesia International, Inc .
136 Collins Avenue
Miami Beach, Florida 33139
and to Grantor:
Office of the City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
with copies to:
Parks and Recreation Department
1700 Convention Center Drive
Miami Beach, Florida 33139
IN WITNESS WHEREOF, Grantor has caused this Terminable Non-
Exclusive Easement & Maintenance Agreement to be executed in its
name by its undersigned duly authorized officer a�ndy its corporate
sea to be herein to affixed this , day of
ev , 1994.
4
CITY OF IAMI EACH
BY•
MAYOR
ATTEST:
61AN.0../LA
C'ITY CLERK
2
•
WITNESS AMNES INTERNATIONAL, INC.
4/1.1ff,
/
` BY:
PR SIDEN
STATE OF FLORIDA
�I
COUNTY OF / "
The foregoi instrument was ackn wledged before me this
lGO day of g t.1-4 �,- 1994, by 'AJO/E ouDOl) of Aithes a
who is personally known to me or who has produced
as identification, and who did (did not) take an oath.
Y22.0.4-e-LL-LC
• c
Sign re
VD 17-171. AgS1/217 )-4-
(Print/Type)
Notary Public in and for the County
and State last aforesa
My commission expires: IV r
m
Serial No. if any:
This document prepared by:
Office of the City Attorney
Laurence Feingold, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
FORM APP OVER
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BY
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EXHIBIT "A" .. .
LEGAL DESCRIPTION -
OCEAN BEACH SUBDIVISION (2-38)
LOTS 1 AND 2 BLOCK 9 . . .
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