Temporary Easement Agreement with Miami Dade CountyC►)
CD
This instrument prepared by (and after
recording return to):
CV
M
Alberto Pisani, P.E.
Senior Professional Engineer
M
Miami -Dade County Department of
CV
Regulatory and Economic Resources
701 NW 1st Court, 51 Floor
0
Miami, Florida 33136-3912
CAI 1
(Reserved for Clerk of the Court)
TEMPORARY EASEMENT AGREEMENT
This TEMPORARY EASEMENT AGREEMENT ("Agreement") is made and entered into as of the
291 day of July 2023 ("Effective Date"), by and between the City of Miami Beach, a municipal
corporation of the State 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 1 st 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 an Agreement for same; and
D. The City owns certain property, described or depicted in the attached Exhibit "A", and described as
531 Street P-72 and Beachview Park (53 d Street Parking Lot), 461' Street P-71 and Indian Beach Park
(46s' Street Parking Lot), and 65t' Street P-81 and Allison Park (65t' Street Parking Lot) (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; and
E. The City and the County entered into a 28-month Temporary Easement Agreement with an effective
date of March 29d', 2021, as recorded in BK 32421, Pgs 354-364, for the purpose of providing use of
said property to the Corps for the Joint Project, and that 28-month Temporary Easement Agreement
expires on July 28, 2023; and
F. The Corps requested that the property authorizations in the 28 month Temporary Easement Agreement
be extended for an additional nine (9) months for use of the 461 Street Parking Lot Temporary Easement
Area during the additional nine (9) month period; and
G. The City and the County intend to provide the requested time extension by entering into this Agreement,
which shall be effective July 29, 2023 (Effective Date).
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:
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 9 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". 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 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. At the 46th Street Parking Lot — During the entire 9 month period of the term, the County shall
have use of the spoil area of the 46th Street Parking Lot which does not include active parking
spaces, as identified in Exhibit "A". The County and/or its designee, are precluded from using the
Temporary Easement Area for the 461 Street Parking Lot during Art Basel (November 14,2023
through December 14, 2023) as detailed in the contractor's specifications.
5. 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.
6. 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.
7. 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.
EXECUTED as of the date and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESE OF:
e: REGIS BARBOU
Name:
Attest:
By:
City Clerk
Rafael E. Granado
Date: MY 0 lam
Approved as to form and language and for execution:
►�'�-'"ice-__.�' � �� Z
City Attorney 1— Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
CITY OF MIAMI BEACH, FLORIDA,
a municipal corporation of the State of Florida
By:
Name: Alina T. Hudak
Title: CityMaw=
WCORP10RATE
The foregoing instrument was acknowledged before me this day of , 2023 by
Alina T. Hudak , as City Manager , for the City of Miami Beach, Florida.
51
Signature of Notary Public
Printed, typed or stamp
My Commission Expires:
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Name:
Name:
Attest:
By:
County Clerk
Date:
Approved as to form and language and for execution:
County Attorney Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MIAMI-DADE COUNTY, FLORIDA, a
political subdivision of the State of Florida
Name:
Title:
The foregoing instrument was acknowledged before me this day of , 2023 by
, as , for Miami -Dade County.
Signature of Notary Public
Printed, typed or stamp
My Commission Expires:
LOCATION OF TEMPORARY EASEMENT AREA AND MAP
4.0)' d
46T" STREET PARKING LOT
COLLINS AVENUE
OW R/MI)
E eEarunro
I fgf3�'E1t 5 01'SY34• w J1t7Y
90.1
Y WONT 0i IIAf tlE
BLOCK 8
"AMENDED PLAT OF
INDIAN BEACH CORPORATIONS SUBDIVISION"
(PLAT BOOK 8, PAGE 61)
4CCESS AREA
10,126 SQ.FT.
PARKIN
COT 9 �)� COT 10 i PARKING LOT P-71 �11
tub., E
INDIANiBEACH PARK
tm
NiSO4056W
STAGING AREA
a
40,933 SQ.FT.
.p,
S UW05• E
S7ilO'211Y
Sul,
ROSION CONTROL LINE
N WNW W
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COT 12 ( COT 13
EXHIBIT "A"
MI A M I BEACH ACCER EC SY REV 6EC RLE SKRTETCH OF DESCRIPTION
PUBLIC WORKS DEPARTMENT 46TH STREET PACC AND INDIAN BEACH PARK ( AS2
rfootOM2r»f'vrr�errreR mvF ru�W ees_n vD,L 6 T-BEIIINV ACCESS PREAANC S(AOINO AREA
46T" 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 BOOK 8, PAGE 61, OF
THE PUBLIC RECORDS OF MIIAME-OADE 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 LINE OF COLLINS 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
7556'14" E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 18'51'17" A DISTANCE
OF 40.72 FEET; THENCE N 87'15'08" E TO THE INTERSECTION WITH THE EROSION CONTROL LINE, A DISTANCE OF 20A5
FEET; THENCE S 02'44'52" E ALONG THE EROSION CONTROL LINE 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 64"34'18" 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 8739'29" W A DISTANCE OF 52.33 FEET; THENCE
N 82'40'57" W TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF COLLINS 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 04'26'32" 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 0351'25" 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 THE EROSION CONTROL UNE, A DISTANCE OF 233.49 FEET; THENCE S 7416'23" W A DISTANCE OF 62.51 FEET;
THENCE S 072505" 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
REPORT WAS NOT PERFORMED FOR SAID LANDS,
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY; THAT THIS "SKETCH AND LEGAL DESCRIPTION" IS CORRECT AND MEETS THE STANDARDS OF PRACTICE
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 VALID WITHOUT THE SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER",
04/29/2019
GATE
BRIA BELLING, PS
CITY SURVEYOR MANAGER
SURVEYOROR AND MAPPER #4973
STATE OF FLORIDA
MIAMI BEACH
AccE"TEnaY
AemsTa
ELEGAL DESCRIPTION, SURVEYOR'S NOTES
AND CERTIFICATION
AS 1
PUBLIC WORKS DEPARTMENTg
46TH STREET P-71 AND INDfAN BEACH PARK
OR" T.eewNo
CITY WRVEYOR
ACCESS AREA AND STAGING AREA
ENVIRONMENT &SUSTAINABILITY
DEPARTMENT
F DATE:
TO:
FROM:
SUBJECT:
M .
Clerk (sign)
May 4, 2023
Alina T. Hudak, City Manager
Jessica Lorenzo, Environmental Specialist
Temporary Easement Agreement with the County
for the Beach Renourishment Project
For:
Information Only
X
x
Review and approval
Signature (CM & C
Other Signature
Other
Clerk
Comments:
Temporary Easement Agreement with the County to use the spoil
area located at 461, street for staging operations required by the j
Contractors for the USACE beach renourishment project.
This was approved by CC on 4128123 (see attached Reso)
Return to:
20 2 3 - 3 2 5 6 9 Jessica Lorenzo x26339
Date Needed: