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Home My WebLink AboutRelease-M-Saxony Residential rJ. 00 ~ - d. r7 <l (P CITY OF MIAMI BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Robert Parcher City Clerk FROM: Raul J. Aguil~ First Assistant City Attorney SUBJECT: Saxony Hotel Termination and Abandonment of Beach Easement DATE: April 12, 2005 The attached original copy has been form approved by the City Attorney, and executed by the City Manager. Upon execution by the Mayor, please forward 2 copies (one for my files and the other for Mr. Navon, attorney for Saxony Hotel). Should you have any questions or comments regarding the above, please do not hesitate to contact me. RJA \ed C~'.J 0 -,.~.~ (fj -".... ::;,.. ::D i:-:~ v rn , :~~,) f'1 ~) ~] N r1'1 ........, tn -0 < :r c. m -r) ~ .." 0 c- o Ul "., OFFICE OF THE CITY ATTORNEY ~ tfJ/domi 1JmM F L o A o A MURRAY H. nUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 April 1, 2005 Hand Delivered Samuel D. Navon, Esq. Navon & Lavin, P.A. 2699 Stirling Road, Suite B-100 Fort Lauderdale, FL 33312 Re: Saxony Hotel Termination and Abandonment of Beach Easement Dear Mr. Navon: At its regular meeting on January 12, 2005, the Mayor and City Commission approved Resolution No. 2005-25786 (the Resolution), authorizing the Mayor and City Clerk to execute a Release of that certain Easement Agreement, as recorded in Deed Book 1355, Page 484, of the Public Records of Miami-Dade County, Florida (the Easement), and as attached hereto as Exhibit "A"; said Release in favor of Miami Saxony Residential, LLC, a Delaware limited liability company (successor in interest to Collins-33rd Street Realty Corp.), as owner of the Saxony Hotel, located at 3201 Collins Avenue (the Saxony Hotel property). As set forth in the Resolution, which is attached as Exhibit "B" hereto, the City Commission's release of the Easement is further made subject to and contingent upon Miami Saxony Residential, LLC (as successor to Collins-33rd Street Realty Corp.'s) agreement to the following conditions: 1. Miami Saxony Residential, LLC (as successor to Collins-33rd Street Realty Corp.) agrees to release the City of Miami Beach of any and all obligations to construct jetties or groynes, seawalls and/or bulkheads to prevent erosion of the land, all as more particularly set forth in, and as contemplated by, the Easement. Miami Saxony Residential, LLC (as successor to Collins-33rd Street Realty Corp.) herein acknowledges that, as partial consideration for the City of Miami Beach's execution and delivery of the Release to Miami Saxony Residential, LLC, the aforestated release by Miami Saxony Residential, LLC of the City's obligations is stated in the "WHEREAS" clause in the Release to that effect. 1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139 2. Miami Saxony Residential, LLC (as successor to Collins-33rd Street Realty Corp.) herein warrants and represents to the City of Miami Beach that it shall make no future objections, nor will it contest any permits obtained by or on behalf of the City of Miami Beach, with respect to the design and construction of a proposed public beachwalk and/or boardwalk project which (in part) would run behind the Saxony Hotel property, on the State-owned beach, east of the erosion control line; provided said proposed beachwalk project is reasonably similar to the existing City of Miami Beach beachwalk project which connects the existing walkway fronting Lummus Park, with the existing elevated wooden boardwalk, which currently begins at 21st Street. Miami Saxony Residential, LLC (as successor to Collins-33rd Street Realty Corp.) further agrees, that should the City of Miami Beach require Miami Saxony Residential, LLC (as successor to Collins-33rd Street Realty Corp.) future approval and/or sign off as to any and all required permits for a proposed City of Miami Beach beachwalk project, Miami Saxony Residential, LLC (as successor to Collins-33rd Street Realty Corp.) shall not object to same, and shall use its best efforts to cooperate with the City with regard to same. An action to enforce the terms and conditions of this Letter Agreement may be brought by the City and may be an action at law or in equity against any party or person violating or attempting to violate any provision of said Letter Agreement, either to restrain violations or to recover damages. This Letter Agreement shall be enforceable in Miami-Dade County, Florida and if legal action is necessary by any party with respect to the enforcement of any and all the terms and conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. If the afore stated terms and conditions meet with Miami Saxony Residential, LLC (as successor to Collins-33rd Street Realty Corp.'s) approval, please have the duly authorized representatives of Miami Saxony Residential, LLC (as successor to Collins-33rd Street Realty Corp.) acknowledge, execute and attest to same in the spaces provided below. Upon execution by the City, we will forward a fully executed copy to your office for your client's records. ~y yours, '-, D~B' I ), \--- J. guila l"C~ First Assistant ity Attorney 2 I have read this Letter Agreement and, fully understanding same, agree to be bound by the terms and conditions contained herein. City of Miami Beach, Florida By: C. Dean Patrinely, President c.. Witnessed by: Mc,~< ~tk Signature ~,\~ c. ~ €j Print Name Witnessed by: !L~ Signatur~ /J L~ .ooJt~ Print Name STATE OF ~J/j)S COUNTY OF ~o...rf'l S ) )ss: ) Thel\fore oing instrument was acknowledged before me this J ~ day of H' , 2005, by C. Dean Patrinely, as President of Miami Saxony Re idential, LLC, a Delaware limited liability company. He is personally known to me or has produced as identification. ,...' .>",:.c,~';:":';"'~"~<" ~'~~j"~j~"'~{'I>'~;';""''''' "- '-.jhjJ~y1JL Notary Pubh Y(.:f^~<f~J":~~-1'.:;/....#~/~,~.~rt:~,{'''"': ,"'''','''~;:~ . Name of Notary typed or printed My Commission Expires: \\Server\Docs\SDN\TERMrNA 1\Easement\Saxony Hotel Termination Abandonement Letter Agr.DOC 3 ..... The undersigned hereby joins and consents to the terms and provisions hereof, specifically acknowledging its release of the City to construct jetties or groynes, seawalls and/or bulkheads to prevent erosion of the land, all as more particularly set forth in and contemplated by the Easement. MIAMI SAXONY a Delaware IAL, LLC, company f~~ c. By: C. Dean Patrinely, President sl- tbnl The foregoing instrument was acknowledged before me this I - day of~, 2005, by C. Dean Patrinely, as President of Miami Saxony Residential, LLC, a Delaware limited liability company, on behalf of the company. He is personally known to me Qf 1I.a~ PfQlhG81l as iael'ltifiMtioll-:- ) ) ss: ) ~J_ Typed or Printed Name of Notary [SEAL] \\Scrver\docs\SDN\TERMlNA 1\Easement\cohen - saxony.Ot. wpd 3 Prepared by and Return to: Samuel D. Navon, Esq. Navoll & Lavin, P.A. 2699 Stirling Road, Suite 8-100 Fort Lauderdale, FL 33312 RELEASE This Release" is made and entered into effective as of this / ~ day of !tIt-It. ,2005, by CITY OF MIAMI BEACH, a political subdivision of the State of Florida ("City"), with a mailing address of 1700 Convention Center Drive, Miami Beach, Florida 33139, with the joinder and consent of MIAMI-SAXONY RESIDENTIAL, LLC, a Delaware limited liability company ("Owner"). WIT N E SSE T H: WHEREAS, on or about May 29, 1927, City was granted an easement recorded in Deed Book 1355, Page 484, of the Public Records of Miami-Dade County, Florida (the "Easement"), the intent and purpose of which was to limit the seaward edge of the construction in order to prevent erosion damage to riparian structures; and WHEREAS, there is currently an existing structure permitted to be located upon portions of the area contemplated by the Easement which are desired to be redeveloped by Owner pursuant to approvals, consents and permits to be issued by the City; and WHEREAS, subsequent to the granting ofthe Easement, the U.S. Army Corps of Engineers nourished the adjacent beach and prior to the nourishment, the project area was surveyed and the mean high water line was located. Pursuant to said survey, the Department of Environmental Protection ("DEP") created the erosion control line ("ECL"), which was updated in April of 1997, and the ECL corresponds to the mean high water line prior to the nourishment ofthe beach and the property owner's east pre perty boundary. To that end, Chapter 62B- 33. 024(4 )(b ) 0 fD EP' s rules and procedures, establishes a landward limit of major structure construction (the 30-year erosion projection) based upon the location of the ECL, the steepness of the beach and the rate of erosion in the area, and as a result thereof, the intent and purpose of the Easement has been rendered moot and is no longer necessary; and WHEREAS, in connection therewith, Owner desires to release the City of any and all obligations to construct jetties or groynes, seawalls andlor bulkheads to prevent erosion ofthe land, all as more particularly set forth and contemplated by the Easement; and WHEREAS, City is amenable to executing and delivering this Release based upon the establishment of the ECL and conditioned upon the releases by Owner contemplated by the immediately preceding WHEREAS provision; and WHEREAS, City has processed the request for the execution and delivery of this Release in accordance with the requirements of the City; NOW, THEREFORE, for and in consideration ofTen and Noll 00 Dollars ($1 0.00) and other good and valuable consideration, the Easement is hereby released and canceled, in toto, and is of no further force or effect. [SIGNATURE PAGE TO FOLLOW} \IServerIDocsISDN\ TERMINA liEasementlcolten - saxony.O 1. wpd IN WITNESS WHEREOF, City has duly executed this Release as of the day and year set forth below its signature. WITNESS: . /~ BEACH, a political subdivision rida j) Ell Jl1t-7l. Date: ~, / L/ , 2005 STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE ) The forc12oing instrument was acknowledged before me this 15.f!J day of ~ 2005, by ~ )/~ , as the 7n~ of the City of Miami Beach, a political subdivision of the State of Florida, on behal of the CIty. He/She is personally known to me or h;lS produced as identification. My Commission Expires: ~ - - .. ",",,,, LlIAM R. HAlFELD . · i1lm~~I<'" "'\NotafY PubIC - State or Ftodda ~ . :. .~,.,tWDI;"""1"2O>> l ~~ yJ CoI'nIftIIIIOn # DO 376299 "',;:, ,... ","$"- .---.......-......1 ~... · ~ llii..," .-ur........., ......... ,.....,....., - \ d~~ Notary Public ~"/l'cvYh t.~rU4 Name of Notary typed 0 prInted APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION q../l"(JS , -- U8Ie \\Server\DocslSDN\ TERMlNA TlEasement\cohen - saxony.O I. wpd 2