2004-054
RESOLUTION NO. 2004-54
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF
DEDICATION OF EASEMENT FROM DONALD SOFFER, AS TRUSTEE
UNDER LAND TRUST AGREEMENT NO. SR-1 TO THE CITY OF
AVENTURA TO INSTALL, ACCESS AND MAINTAIN A PORTION OF
THE STORM SEWER SYSTEM PERTAINING TO THE YACHT CLUB
WAY DRAINAGE IMPROVEMENTS PROJECT: AUTHORIZING THE
CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS
CONCERNING DEDICATION; AUTHORIZING ACCEPTANCE OF
DEDICATION; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City has made storm sewer improvements at and adjacent to the
intersection of Yacht Club Way and East Country Club Drive requiring installation of drainage
pipe and drainage structures; and
WHEREAS, the City does not wish to go through the expenditure and time of removing
and reconstructing the east bound lanes of Yacht Club Way to place said drainage pipe and
drainage structures to allow outfall to Dumfoundling Bay; and
WHEREAS, the City Commission finds that it is appropriate and in the best interest of the
public to facilitate the dedication of this private property, and to accept the dedication.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA:
Section 1: That the easement dedication, as reflected on the attached documents is
hereby accepted and the City Manager is hereby authorized to cause such easements to be
recorded in the Official Records of Miami-Dade County, Florida, subject to confirmation by the
City Attorney as to the legal form and sufficiency of the Dedication and instrument of
conveyance.
Section 2: That the City Manager is authorized to take all action necessary to
implement the purposes of this Resolution.
Section 3:
That this Resolution shall be effective immediately upon adoption hereof.
The foregoing resolution was offered by Commissioner Grossman, who moved its
adoption. The motion was seconded by Commissioner Diamond, and upon being put to a vote,
the vote was as follows:
Commissioner lev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2004-54
Page 2
TillS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Steven W. Zelkowitz, Esq.
WEISS SEROTA HELFMAN
P ASTORIZA GUEDES COLE & BONISKE, P.A.
2665 South Bayshore Drive, Suite 420
Miami, FL 33133
(305) 854-0800
For Recording Purposes Only
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is made this - day of June,
2004 by and between DONALD SOFFER, AS TRUSTEE UNDER LAND TRUST
AGREEMENT NO. SR-l DATED JULY 1, 1987, having an address at 19501 Biscayne
Boulevard, Suite 400, Aventura, FL 33180 (hereinafter referred to as the "GRANTOR"), and the
CITY OF AVENTURA, a Florida municipal corporation, having an address at 19200 West
Country Club Drive, Aventura, Florida 33180 (hereinafter referred to as the "GRANTEE").
B~£!IAb§:
1. GRANTOR owns fee simple title to certain real property located in Miami-Dade
County, Florida, as more particularly described in Exhibit "A" attached hereto and by this reference
made a part hereof (the "Parent Tract").
2. GRANTOR has agreed to grant to GRANTEE an non-exclusive, perpetual easement
for the limited purposes of: (i) installing and maintaining a storm sewer system upon a portion of the
Parent Tract as more particularly described on Exhibit "B" attached hereto and by this reference
made a part hereof (the "Property"); and (ii) installing, maintaining, repairing and replacing utilities
related solely to the maintenance of the storm sewer system installed upon the Property such as
underground storm sewer pipe and exposed storm sewer structures at grade, subject to the terms and
conditions hereinafter set forth.
NOW, THEREFORE, for and in consideration of the premises and the sum ofTEN AND
NOIlOO DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto do hereby agree as follows:
1. Recitals. The parties acknowledge that the foregoing recitals are true and
correct and hereby incorporated into this Agreement as if fully set forth herein.
2.
Grant of Easement. GRANTOR does hereby grant and convey to the GRANTEE
and its licensees, agents independent contractors, successors and assigns, a non-exclusive, perpetual
easement in, over, under, upon, across and through the Property for the limited purposes of installing
and maintaining a storm sewer system and related utilities such as exposed storm sewer structures,
as well as ingress and egress in, over, under, upon, across and through the Property with full rights
and authority to enter upon the Property in order to install, construct, reconstruct, replace, improve,
remove, inspect, repair and maintain such work. The parties acknowledge that the initial work upon
the Property shall be installed and constructed substantially in accordance with the plans and
specifications prepared by Craven Thompson & Associates, lnc. under City Project No. 04-02-13-2
dated January 14, 2003, as amended (the "Plans and Specifications"). Subject to the restoration
provisions set forth in Section 3 hereof, GRANTOR also grants GRANTEE a license to temporarily
locate its equipment and materials on the property of GRANTOR immediately adjoining the
Property as may be necessary to perform the foregoing.
3. ImDrovements and Restoration. In the event the GRANTEE abandons the
easement herein granted by failing to install the storm sewer system described in the Plans and
Specifications on or before August 31, 2004 or by making known its intention not to maintain the
storm sewer system as otherwise required by this Agreement, then the GRANTEE shall restore the
Property and any improvements thereon to their prior existing condition at no cost or expense to
GRANTOR unless such restoration is required due to the acts or omissions of GRANTOR.
GRANTEE shall use its best efforts to not to impact to GRANTOR's ongoing activities on the
Property in exercising its rights hereunder. GRANTOR and its successors and assigns, agrees not to
build, construct or create, or permit others to build, construct or create any buildings, structures or
other improvements on, over or under the Property that may interfere with the storm sewer systems
installed, constructed and/or maintained by GRANTEE on, over or under the Property and/or
adversely affect GRANTEE's rights hereunder. .
4. Relocation of Easement. GRANTOR may, from time to time, relocate or
reconfigure the easement herein granted, as long as such relocation or reconfiguration of the
easement, once completed, does not adversely affect the use, operation and/or level of service for
GRANTEE's purposes as set forth in Section 2 above and otherwise complies with the requirements
of this Section 4. GRANTOR agrees to act in good faith and to proceed diligently and expeditiously
with any relocation or reconfiguration of the easement including, but not limited to, the relocation of
the storm sewer system and all related utilities located in, on, over or under the Property.
GRANTOR and GRANTEE shall mutually agree upon a construction schedule so that, once
commenced, the relocation or reconfiguration of the easement will be accomplished in a timely
manner so as to allow GRANTEE continued and uninterrupted use of the utilities so as to minimize
the time of any service disruption.
4.1 Notice of Relocation. If GRANTOR wishes to relocate the easement or any
portion thereof, GRANTOR shall deliver to the GRANTEE a written notice of its desire to relocate
the easement (the "Notice of Relocation"), along with a sketch and legal description showing the
proposed new location for the easement and the new configuration of the storm sewer system and
related utilities (the "Relocated Easement"). The Relocated Easement shall be the same size as the
Property or larger, and shall be adequate to serve the purposes served by the easement granted in
2
Section 2 above.
4.2 Review of Relocated Easement. GRANTEE and its engineers and
consultants will have a period of thirty (30) days after receipt of the Notice of Relocation to approve
the Relocated Easement and will not unreasonably withhold its approval. If the GRANTEE has any
objections to the Relocated Easement, GRANTEE must submit its objections to GRANTOR in
writing within thirty (30) days after its receipt of the Notice of Relocation. GRANTOR and
GRANTEE will use best efforts to resolve the City's objections to the Relocated Easement. The
approval by the GRANTEE of the Relocated Easement pursuant to this Agreement shan not
constitute (i) a representation or warranty that such comply with an applicable laws, ordinances,
rules, regulations and procedures of all applicable governmental authorities, it being expressly
understood that the responsibility therefore shall at all times remain with the GRANTOR, and (ii)
the approval of GRANTEE in its capacity as a governmental authority, it being expressly understood
that GRANTOR is subject to all applicable ordinances, rules, regulations and procedures of the City
of Aventura and that GRANTOR shall have the responsibility, at its sole cost and expense, to obtain
all governmental approvals applicable to the Relocated Easement and the relocation of the storm
sewer system and all related utilities located in, on, over or under the Property.
4.3 Cost of Relocation of Easement. Subject to GRANTEE's reimbursement
obligations set forth below, GRANTOR shall be responsible for and promptly pay an costs and
expenses associated with the relocation of the easement including, but not limited to, the design,
engineering and construction of an improvements, the relocation and protection of all utilities,
governmental approvals and permits (conectively, the Relocated Easement Costs"). The Relocated
Easement Costs shall specifically exclude the costs and expenses of the GRANTOR's and
GRANTEE's attorneys, it being understood that each party shan bear its own legal fees and costs.
Following the completion of the Relocated Easement, GRANTEE agrees to reimburse GRANTOR
fifty percent (50%) of the Relocated Easement Costs subject to the following requirements.
Fonowing completion of the Relocated Easement (as evidenced by the issuance of a certificate of
use or other applicable governmental approval that the Relocated Easement is complete),
GRANTOR shall provide to the GRANTEE a written statement, signed by GRANTOR and certified
by it to be true and correct, setting forth the Relocated Easement Costs expended by GRANTOR.
The statement shan be in such form and style and contain such details and breakdowns as
GRANTEE may reasonably determine or require. The statement shall be prepared in accordance
with generally accepted accounting principles and shall also include copies of paid invoices to third
parties including, but not limited to, architects, engineers, consultants, materialmen and contractors
as wen as such other documentation required by the GRANTEE to support the amounts expended
by GRANTOR for the Relocated Easement Costs. Only actual bona fide third party costs and
expenses for design, engineering, labor and materials, relocation and protection of all utilities, and
governmental approvals and permits shan be considered Relocated Easement Costs. The costs of
salaries and benefits for GRANTOR's own employees as well as overhead, administrative,
accounting and legal fees and costs shall not be considered Relocated Easement Costs and shall not
be subject to the GRANTOR's reimbursement obligation. Within thirty (30) days of the submission
of the required statement and documentation, GRANTEE shall pay GRANTOR fifty percent (50%)
of the Relocated Easement Costs provided; however, GRANTEE shan not be required to pay any
3
Relocated Easement Costs to reasonably and in good faith disputed in writing by GRANTEE within
said thirty (30) day period; provided, further, that the foregoing shall not relieve GRANTOR from its
obligation to pay all undisputed Relocation Easement Costs within said thirty (30) day period.
GRANTOR agrees that the GRANTEE or its duly authorized representatives shall have access to
and the rights to examine, reproduce, and audit any of the GRANTOR's books, documents, papers
and records which apply to the Relocated Easement Costs. Such records shall conform to generally
accepted accounting principles and requirements.
4.4 Recordill!'! of Relocated Easement. If GRANTOR and GRANTEE have
agreed upon the location of the Relocated Easement, the parties will sign and record an amendment
to this Agreement setting forth the location and description of the Relocated Easement, which shall
be recorded in the Public Records of Miami-Dade County at GRANTOR's cost and expense.
5. GRANTOR's IDeM to Connect to Storm Sewer System. Subject to the terms and
conditions of this Section 5, GRANTOR may connect to the storm sewer system in, on, over or
under the Property. Grantor's right to connect to the storm sewer system is conditioned upon (i)
the availability of adequate capacity, at the time of the proposed connection, (ii) GRANTOR
obtaining all applicable govemmental approvals and permits, (iii) GRANTOR's compliance with
applicable laws including all applicable ordinances, rules, regulations and procedures of the City
of Aventura; and (iv) the payment of all costs and expenses as set forth in the last sentience of
this Section 5. GRANTOR agrees to act in good faith and to proceed diligently and
expeditiously with any connection to the storm sewer system in a timely manner so as to allow
GRANTEE continued and uninterrupted use of the utilities so as to minimize the time of any
service disruption. GRANTOR shall be responsible for and promptly pay all costs and expenses
associated with the connection to the storm sewer system including, but not limited to, the design
and construction of all improvements, the relocation and protection of all utilities, governmental
approvals and permits, and the reasonable costs and expenses of the GRANTEE and its
engineers, consultants to review and evaluate the proposed connection including legal fees and
costs.
6. Warranties and Representations. GRANTOR does hereby covenant with the
GRANTEE, that (a) it is lawfully seized and possessed of the Property; (b) it has good and lawful
right to enter into this Agreement and convey said easement; and (c) all applicable corporate,
partnership, trust or other required authorizations, approvals or consents have been obtained and no
other authorizations, approvals or consents are required to effectuate GRANTOR's execution and
delivery of this Agreement. GRANTOR acknowledges that GRANTEE is materially relying on the
representations as herein expressed.
7. Covenants Runnine with the Land. This Agreement, and the rights and interests
created herein shall run with the land and shall be binding upon and inuring to the benefit of the
parties hereto and their respective successors and assigns.
8. Indemnification. To the extent permitted by law and subject to the provisions and
monetary limitations of Section 768.28, Florida Statutes, GRANTEE agrees to indemnify and hold
4
GRANTOR harmless ftom and against any and all damages, liabilities, costs and matters relating to
or arising out of the exercise of its rights under this Agreement, except for any claims arising due to
the acts or omissions of GRANTOR.
9. Miscellaneous. This Agreement shall be construed under the laws of the State of
Florida. GRANTEE may, at GRANTEE's cost and expense, record this Agreement and any
amendments hereto in the Public Records of Miami-Dade County, Florida. This Agreement may
only be modified, supplemented or revised in writing signed by the parties, or their successors or
assigns, and any modification shall be effective only upon recordation in the Public Records of
Miami-Dade County, Florida.
10. No Personal Liability of Trustee. GRANTEE acknowledges that this
Agreement is entered into by a trustee as GRANTOR, and GRANTEE agrees that GRANTOR
shall not have any personal liability under this Agreement or any document executed in
connection with the transactions contemplated by this Agreement
IN WITNESS WHEREOF, GRANTOR and GRANTEE have caused these presents to be
executed by its duly authorized officer or representative as of the day and year first above written.
WITNESSES:
GRANTOR:
:~~,1!l~
D 1\LD SOFFER, AS TRUSTEE UNDER
LAND TRUST AGREEMENT NO. S~l
DATED JULY 1, 1987
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE )
TillS IS TO CERTIFY, that on this ~ day ~1tro4, before me, an officer duly
authorized to take acknowledgements in the State and County aforesaid, personally appeared
DONALD SOFFER, AS TRUSTEfi'UNDER LAND TRUST AGREEMENT NO. SR-I DATED
JULY I, 1987, who (check one) [VI'is personally known to me or [ ] produced
as identification.
¡L CL y-C"-
NOTARY PUBWC
Print Name: !q;NI'J-r. ~1 ,.¡;9.-J
My Conunission Expires:
5
i':l' Ron.' F Asman
, ~ ~ My Commission DO2mQ7
".....'1' Exp<'es May 28, 2008
Attest:
Teresa M. Soroka, CMC
City Clerk
Approved as to legal form
and sufficiency:
By:
City Attorney
STATE OF FLORIDA
COUNTY OF MlAMI-DADE
GRANTEE:
CITY OF A VENTURA,
a Florida municipal corporation
By:
Eric M. Soroka
City Manager
Dated:
,2004
SS:
TillS IS TO CERTIFY, that on this - day of June, 2004, before me, an officer duly
authorized to take acknowledgements in the State and County aforesaid, personally appeared ERlC
M. SOROKA, as CITY MANAGER of the CITY OF A VENrURA, a Florida municipal
corporation, on behalf of the municipal corporation, who (check one) [ ] is personally known to me
or [ ] produced as identification.
NOTARY PUBLIC
Print Name:
My Commission Expires:
6
EXHIBIT" A"
PARENT TRACT
Certain real property located in Miami-Dade County, Florida more particularly described as
follows:
Tract "GG" of FIFTH ADDITION, BISCA YNE YACHT AND COUNTRY CLUB,
according to the Plat thereof, as recorded in Plat Book 99, at Page 20 of the Public
Records of Miami-Dade County, Florida.
7
EXHffiIT "B"
PROPERTY
8
DESCRIPTION (15' DRAINAGE EASEMENT)
A 15,00 FOOT WIDE STRIP OF LAND LYING IN TRACT GG OF "FIFTH ADDITION BISCAYNE
YACHT AND COUNTRY CLUB:' ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 99, PAGE 20 OF ,HE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
SAID STRIP LYING 750 FEe; EACH SIDE OF AS MEASURED AT RIGHT ANGLES TO THE
FOLLOWING DESCRIBED CENTERLINES
COMMENCING AT THE NORTHWEST CORNER OF SAID ,RACT GG: THENCE SOUTH 86"
13' 27' EAST, ALONG THE NORTH BOUNDARY OF SAID TRACT GG, ALSO BEING ALONG
THE SOUTH BOUNDARY TRAC, QQ AS SHOWN ON SAID PLAT, A DISTANCE OF 72.11
FEET TO THE POINT OF BEGINNING: THENCE SOUTH 21" 24' 59" EAST, A DISTANCE OF
43.47 FEET: THENCE SOUTH 86' 13' 27" EAST, A DISTANCE OF 133,61 FEET TO A POINT,
SAID POINT TO BE HEREINAFTER KNOWN AS REFERENCE POINT "A": THENCE
CONTINUE SOUTH 86' 13' 27" EAST, A DISTANCE OF 277.59 FEET TO THE POINT OF
TERMINATION. SAID POINT BEING ON THE EAST BOUNOARY OF SAID TRAC, GG,
TOGE,HER WITH:
BEGINNING A, SAID REFERENCE POINT "A": ;HENCE NORTH 03' 46' 33" EAST, A
DISTANCE OF 39,34 FEET TO THE POINT OF TERMINAnON, SAID POIN, BEING ON SAID
NORTH BOUNDARY,
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY. FLORIDA.
THE BEARINGS REFERENCED HEREIN ARE BASED ON A BEARING OF SOUTH 86' 13' 27'
EAST ALONG THE NORTH BOUNDARY OF SAID TRACT GG AS SHOWN ON SAID PLA"
CERTIFICATE,
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA,
AS OUTLINED IN CHAPTER 61G17-6 (FLORIDA ADMINISTRAnVE CODE), AS ADOPTED BY
THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER. 1981, AS AMENDED.
PURSUAN, TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF
CRAVEN THOMPSON & ASSOCIATES, INC,
CERTIFICATE OF AUTHORIZA,:ON NUMBER LB 271
c-U' ~~"\ ~ ~ b\ D'\
JONV,N LnNG --
PROFES ONAL SURVEYOR AND M PeR NO, 4499
S,ATEO FLORIDA
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ENGINEERS' PLANNERS' SURVEYORS
'ðï.T 3563 N.W. 53RD STREET FORT LAUDERDALE. FLORIDA 33309 (954) 739-6400
'7 FAX. (954) 739-6409
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