98-071 :~ESOLUTION NO. 98-71
A RESOLUTON OF THE CITY COMMISSION OF THE
CITY OF AVE NTURA, FLORIDA AUTHORIZING THE CITY
MANAGER, ~N BEHALF OF THE CITY, TO ENTER INTO
THE ATTACHED DEDICATION AND EASEMENT
AGREEMEN'I~' RELATIVE TO THE MALL ACCESS ROAD
AND TRAFFI~ SIGNALIZATION BY AND BETVVEEN THE
CITY AND A~/ENTURA MALL VENTURE; AUTHORIZING
THE CITY M.~.NAGER TO DO ALL THINGS NECESSARY
TO CARRY I~UT THE AIMS OF THIS RESOLUTION; AND
PROVIDING/~N EFFECTIVE DATE.
NOW, THEREFORI BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FL(: [IDA, THAT:
Section 1. The Ci:y Manager is hereby authorized to enter into the attached
Dedication and Easement Agreement relative to the Mall Access Road and traffic
signalization by and betwe~ ;n the City and Aventura Mall Venture
Section 2. The Ci Manager is hereby authorized to do all things necessary to
carry out the aims of this Re ,lution.
Section3. This [esolution shall become effective immediately upon its
adoption.
The foregoing Re.~ )lution was offered by Vice Mayor Cohen, who moved its
adoption. The motion was seconded by Commissioner Rogers-Libert, and upon being
put to a vote, the vote was as follows:
Resolution No. 98-71
Page 2
Commissions Arthur Berger absent:
Commissione Jay R. Beskin yes
Commissione Harry Holzberg yes
Commissione Jeffrey M Perlow ~,es
Commissione Patricia Rogers-Libert .,,es
Vice Mayor K ,n Cohen 3,es
Mayor Arthur Snyder yes
this 4th day of August, 998.
AR'~"I-~UR L SNYD,E'R, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAl SUFFICIENCY:
CITY-ATTORNEY
EMS/tms
DED [CATION AND EASEMENT AGREEMENT
THIS DEDICATIOi AND EASEMENT AGREEMENT ("Agreement") is made this
day of 1998, by and between Aventura Mall Venture, a Florida general
partnership ("AMV"), whose 9est office address is 19501 Biscayne Boulevard, Suite 400, Aventura,
Florida 33180 and The City c :Aventura, a Florida municipal corporation ("City") and its successors in
interest, whose Post Office ad dress is 2999 N.E. 19 ! st Street, Suite 500, Aventura, Florida 33180.
WITNESETIt:
WHEREAS, AMV i the owner of certain real property located in Miami-Dade County,
Florida, upon which is situate , a regional shopping center, commonly known as the Aventura Mall (the
"Mall Property"); and
WHEREAS, that cer ain mai property legally described in Exhibit "A" attached hereto (the
"Access Road Parcel") con,, titutes a portion of the Mall Property which is designated for the
construction ora roadway ant related improvements for the purpose of vehicular ingress and egress to
and from Ring Road servicin the Mall Property to and from the public right-of-way known as West
Country Club Drive; and
WHEREAS, AMV r quires that a traffic control signal be installed, maintained and operated
within the Access Road Parc~ 1 for the purpose of regulating the flow of traffic over and through the
Access Road Parcel; and
WHEREAS, that cer ain Aventura Mall Ring Road/Spoke Road Intersection Signalization
Plan prepared by Kimley-Hon t and Associates, Inc. ("Plan") for the installation of the proposed traffic
control signal and appurtenant es thereto is attached hereto as Exhibit "B" and is subject to approval by
City; and
WHEREAS, that cert fin Aventura Mall Spoke Road Relocation R.,o, adway Improve.,ment Plan
and Signalization Plan prepa 'ed by Kimley-Hom and Associates, Inc. ( Roadway Plan ) for the
construction of the roadway is attached hereto as Exhibit "C" and is subject to approval by City; and
WHEREAS, County ~fMiami-Dade, a body corporate and Political Subdivision of the State
of Florida ("County") is the ~ ~vermnental entity with the authority and jurisdiction to maintain and
operate a traffic control signal ,n the Access Road Parcel; and
WHEREAS, pursuant to Dade County Code, ("Code"), Section 30-416, it is the duty of the
"Traffic Director", as such te an is defined in the Code, to plan and determine the installation and
proper timing of traffic control devices; and
WHEREAS, Section 30-417(9) of the Code provides, in part, that all traffic control signs,
signals and devices shall ce fform to the manual and specifications as approved by the State
Department of Transportatio~ (as such term is defined in the code) and that all signs and signals
required thereunder for a pa~ icular purpose shall be uniform as to type and location throughout the
County; and
WHEREAS, therefor, ,. it has been determined that the Access Road Parcel be dedicated to City
and that appropriate easemen for the purpose of installation of a traffic control signal on the Access
Road Parcel and maintenanc of the improvements thereon be granted to AMV as a condition
precedent to the dedication of ~e Access Road Parcel to City; and
WHEREAS, AMV h~ s agreed to dedicate the Access Road Parcel to City, subject to the terms
and conditions contained here n; and
WHEREAS, pursuant to the Code, County is responsible for the maintenance and operation of
the traffic control signal to be nstalled by AMV on the Access Road Parcel.
NOW, THEREFORE in consideration of the mutual covenants, benefits and agreements of
the parties hereto and the sm a of Ten Dollars ($10.00) paid in hand, the receipt and sufficiency of
which are hereby acknowledge d, the parties agree as follows:
1. The foregoin~ recitals are true and correct and incorporated herein by reference.
2. AMV hereby tgrees to dedicate the Access Road Parcel to City and its successors
in interest.
3. Pursuant to th ~ Code, County shall maintain and operate a traffic control signal
and it's appurtenances to be i astalled by AMV on the Access Road Parcel.
4. City hereby g] ants and conveys to AMV, its successors and assigns, a perpetual,
non-exclusive ingress and eg 'ess easement over, under, across and upon the Access Road Parcel
for the purpose of providing; ingress and egress of motor vehicles and pedestrians across the
roadway situated upon the ccess Road Parcel to and from the Mall Property, and a perpetual
non-exclusive easement for ~aintenance of the Access Road Parcel and for traffic control signal
installation thereon.
The easemenl herein granted by City to AMV and this Agreement generally, shall be
subject to the following conditi )ns:
a) Insurance. Th e liability insurance maintained by AMV for the Mall Property, shall
include the Access Road Pa~ cel in the property covered by such insurance and shall insure the
indemnification obligations o'AMV herein. The insurance provided shall be in an amount of at
least One Million Dollars, :ombined single limit for personal injury and property damage
coverage.
b) Indemnificatio ~. AMV does hereby indemnify City and agrees to defend and hold
City harmless against any ant all claims for any cause of action related to or arising from (i) the
exercise of AMV of any of the rights granted under the Agreement, or (ii) any injury to any
person or property in conn~ ction with the exercise by AMV of any right granted under this
2
Agreement. With respect to AMV's indemnification obligations, this paragraph shall be limited to
the insurance coverage to b~ provided pursuant to paragraph (a) above. Accordingly, City shall
be named as an additional in: .ured thereunder, at all times.
c) The roadway ;, sidewalks, landscaping and lighting within the Access Road Parcel
shall be maintained in a ma ruer befitting a first class commercial facility. Further, the ground
surfaces shall be maintained at such grade and levels such that they may be used and enjoyed as
contiguous and homogeneot s common areas of the Mall Property and AMV shall maintain those
surfaces in a good, level, sm, }oth and evenly covered condition with the type of surfacing material
originally installed on the Ac :ess Road Parcel or of similar quality, use and durability. AMV shall
be responsible for upkeep ar d maintenance of the Access Road Parcel, with the exception of the
alteration, repair or restorati an of the subject traffic signal, to assure it is maintained in a first-
class manner during the entir .' term of this Agreement.
d) If any govern mental authority requires the alteration, repair or restoration of any
condition within the Access ]t. oad Parcel with the exception of the alteration, repair or restoration
of the subject traffic signal in order to bring about compliance with laws or governmental
regulations, then AMV shall be solely responsible for promptly making such alteration, repair or
restoration as shall be requir~ to comply with such laws and regulations.
e) AMV shall re] ove all papers, debris, filth and refuse on the Access Road Parcel to
keep the area in a neat, clean and orderly condition.
5. Subject to the terms and provisions of this Agreement, AMV shall be permitted to
erect a single monument sig ~ and a single directional sign upon a portion of the Access Road
Parcel designated for the loc ition of such monument sign and directional sign on the portion of
the Access Road Parcel desi~ nated for same, in accordance with a proposed plan to be approved
by City, provided such signs :.re erected and maintained in compliance with the requirements of all
governmental departments ha ring jurisdiction over the Access Road Parcel.
6. In connection with the granting of the easement rights hereunder to AMV, AMV
agrees that City, their invite{ s, licensees, employees, and guests may enjoy and hereby reserves
the right to exercise ingres~ and egress over and across the Access Road Parcel provided,
however, that in no event sha I any of said rights herein reserved by City materially impede AMV's
exercise of the easement righl s granted hereunder.
7. Replacement, Relocation or Modification. AMV, it's successors and/or assigns,
shall have the right to repla~ :e, relocate or modify the traffic control signal and appurtenances
thereto, and/or the roadway ind related improvements within the Access Road Parcel, provided
the terms of this Agreement continue to be met and this Agreement is in full force and effect. Any
permits required to make sucl t, a replacement, relocation or modification of same shall be obtained
by AMV. All costs for r.placing, relocating or modifying, the traffic control signal and
appurtenances thereto and/o the roadway and related improvements within the Access Road
Parcel, recording of instrum~ nts of conveyance, obtaining permits and any other costs of making
such changes shall be borne AMV, its successors and/or assigns.
Prior to proc ding with any replacement, relocation or modification of the traffic
control signal and appurtena ices thereto and/or the roadway or related improvements within the
Access Road Parcel, an a.;reement setting forth the proposed replacement, relocation or
modification must be execu.:ed by and between AMV and City. Immediately following the
construction
of any agreed uI~on replacement, relocation or modification of same the parties agree
to execute a new easement a~reement, as appropriate.
1
8. Term. The t{rms, covenants, provisions and conditions of this Agreement shall
continue and remain in full force and effect perpetually commencing upon the date that AMV
dedicates the Access Road Pt rcel to City by dedication or by delivery of a deed.
9. Covenants Rt nning with the Land. During the term of this Agreement, the
provisions of this Agreement shall be binding upon and inure to the benefit of AMV and City, any
lessees and sublessees of the >arties, and the parties successors and assigns, and shall constitute
covenants running with and binding upon the Access Road Parcel.
10. Notice: All ~ rices required by this Agreement shall be delivered in person or by
third-party courier ("Courier"} (including overnight courier service such as Federal Express) or by
facsimile transmission ("Fax"I to the telephone number set forth below (provided that notice by
Fax, to be effective, must be Followed by overnight courier delivery the next business day) or by
certified mail, return receipt requested, postage prepaid, addressed to the party or person to
whom notice is to he given, a~ the following addresses:
To AMV: Aventura Mall Ventures, a Florida general partnership
19501 Biscayne Blvd., Suite 400
Aventura, Florida 33180
Attn.: Mr. George J. Berlin
With copy to: Richard N. Schermer, Esq.
Buchanan Ingersoll
One Tumberry Place
19495 Biscayne Blvd., Suite 606
North Miami Beach, Florida 33180
(305) 933-5600
To City: City of Aventura
2999 N.E. 191st Street
Suite 500
Aventura, Florida 33180
Attn.: Eric M. Soroka, City Manager
With copy to: Stephen Helfman, Esq.
Weiss, Serota, Helfrnan, Pa3toriza & Guedes, P.A.
Suite 420
Miami, Florida 33133
11. Authority. If AMV signs as a corporation, partnership, trust or other entity, each
of the persons executing thi:; Agreement, on behalf of AMV, does hereby covenant and warrant
that AMV is duly authorized to transact business and has full right and authority to enter into this
Agreement, and that the pers ans signing on behalf of AMV were authorized to do so.
12. Miscellaneom. None of the terms or provisions of this Agreement shall be deemed
to create a partnership betw~ ~en or among the parties in their respective businesses or otherwise,
nor shall it cause them to be considered joint venturers or members of any joint enterprise. This
Agreement is not intended n, }r shall it be construed to create any third-party beneficiary rights as
to any person who is not a pt rty hereto unless expressly otherwise provided.
13. Amendment. This Agreement shall not be amended after its recordation without
the prior written approval of :he AMV and City.
14. Interpretation If any clause, sentence or other portion of this Agreement shall
become illegal, null or void fi ~r any reason, or shall be held by any court of competent jurisdiction
to be so, the remaining portic ns thereof shall remain in full force and effect.
1N WITNESS WHEt ~EOF, the paW~es have executed this Agreement as of the date first
indicated above.
WITNESSES: AVENTURA MALL VENTURES,
a Florida general partnership:
By: Tumberry Aventura Mall Company,
a Florida general partnership, general partner
By:
Print Name: Print Name:
Title:
Print Name:
[S GNATURES CONTAINED ON FOLLOWING PAGE]
By: Simon-De Bartolo Group, LP.,
a Delaware Limited Partnership, general partner
By:.
Print Name: Print Name:
Title:
Print Name:
The City of Aventura,
a Florida municipal corporation
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA )
~SS:
CITY OF MLAMI DADE )
The foregoinI instrument was acknowledged before me this __ day of
, 1998, by , as ) on behalf of
Tumberry Aventura Mall Co: npany, as generfl partner, on behalf of Aventura Mall Ventures, a
Florida general partnership. H ~ is personally known to me.
Notasy Public
State of Florida
Print Name:
Serial Number:
My commission expires:
[ACKlX OWLEDGMF2,[I'S CONTAINED ON FOLLOWING PAGE]
STATE OF FLORIDA )
)SS:
CITY OF MIAMI DADE )
The foregoing instrument was acknowledged before me this __ day of
,1998, by , as , on behalf of
Simon-De Bartolo Group, L.P., as general partner, on behalf of Aventura Mall Ventures, a Florida
general partnership. He is per ~onally known to me.
Notary Public
State of Florida
Print Name:
Serial Number:
My commission expires:
STATE OF FLORIDA )
)SS:
CITY OF MIAMI DADE )
The foregoin instrument was acknowledged before me this __ day of
., 1998, by , as ~ on
behalf of The City of Avenm] a, a Florida municipal corporation, who is personally known to me or
who has produced as identification.
Notary Public
State of Florida
Print Name:
Serial Number:
My commission expires:
#150287-3
7
LEGAL DESCRIPTION: ......
A portion of Tracts Q and 'RI' of AVENTURA SIXTH ADDITION according to the plat thereof
as recorded in Plat Book 120 ~t page 20 of the Public Records of Dade County, F~orida
being more particularly describel:J as follows:
/
Commence at the southwest coiner of Tract .... R of said AVENTURA SIXTH ADDTON; thence
N81'll'29"E along the,, ,s, outh linde of said Tract "R" for 294.64 feet to the southeast
corner of said Tract R, said ~orner lying on the westerly right-of-way ne of
West Country Club Drive; thencel northerly and westerly along a ,4.65.6 66 foot radius~
curve leading to t, he right and tvhose radius point bears N81 1 30 E, through a central
angle of 01'40'06' for an arc clistance of 135 60 feet, also beng the said westerly
right of way line, to the Point ~f Beginning of the hereinafter descr bed access parcel;
thence continue along the said ~vesterly right of way ne of West Country Club Drive,
along a 4656.66 foot radius cu~e leading to the right through a central angle of
01'08'23" for an arc distance or 92.64 feet to .o .p, oin! on a circular curve concave to
the northwest and whose radiuslPoint bears N46 29 16 W; thence southerly and
westerly along a 43.00 foot rad~s curve leading to the rght through a central angle
2'04'10" for an arc distance of 116.56 feet to a point of tangency; thence S65'`34'54"W for
65.42 feet to a point of curvat~mre; thence w.e, ste,rly along a 128.00 foot radius curve ~eading
to the right th, rou,,gh a central am~gle of 4-4'26 58' f,o.r ,,o.n arc distance of 99.30 feet;
thence S74'`3000 W for 124.75 J,e, et; thence S15'`3000 E for 165.? ,f, eet; thence N74'`30'OO'E
for 96.11 feet; th, ence N14'11'2~"E for .33.26 feet; thence N`37'58 49 E for 23.64 feet;
thence N65'`35'15'E for 155.00 let to the Point of ~3eginning.
/
SURVEYOR'S NOTES: m
- This site lies in Section 0`3, T~wnship 52 South Range 42 East Cry of Aventura,
Miami-Dada County, Florida. m
/
- Miomi-Dode County, Florida w(~s/ formerly known os Dada County,,. Florida.
- Bearings hereo,,n..are referred t~ on assumed value of N81'11 29'E for the south line
of said Tract R, said beoringlis identical with the plat of record.
/
- Lends shown hereon were not~bstracted for easements and/or rights-of-way of
records. /
- Lands shown hereon containingl`35,446 square feet, or 0.814 acres, more or less.
/
- This is not a "Survey" but onlyl a graphic depiction of the description
shown hereon. /
I hereby certify that this Sketch ~f Description' was made under my responsible charge
on May 16, ~998, and meets thelMinimum Technical Standards as set forth by the
Florida Board of Professional Surveyors and Mappers in Chapter 61G17-6, Florida
Administrative Code, pursuant to ~ecUon 4-72,027, Florida Statutes.
/
"Not valid without the signature arid the original,, raised
;;a~TlOf a Flor~s;Nd .~urveyo[ and Mapper
/ Daniel C. Fortin, For The Firn1 .........
I._ Surveyor and Mapper, LS285`3I
State of Florida. /
~ra~ By PAH IILE(. AL DESCRIPTION ]'i~a(e 5/16/98
/
~ P' m O_ ~ TRACT "Q"
g' ~ ~ ~ OZ :~m~
~ ~' ? ~ ~ C~o ~> ~ AVENTURA S~XTH ADDITION ~
~ ~ ~ ~'~ ~ ~m ~z- P~T BOOK t20, PAGE 20
...?-
~[~I ~ PLAT BBBK 1~0~ PAGE ~0
Index of Sheets
A VEIVTURA MALL
ROAD / SPOKE ROAD I~VT~RSECTION
DAD~ COUNTY "~ ~
FLORIDA ~
VICINITY MAP
,, Revisions
SI(,NALIZATION GENERAL NO
....................... · ~SSO~r~ED PHASE I" 1DETECTORS FOR LOOPS
POLE, STREET LIGHTING LUMINAIRE AND MAST ARM DATA
Index of Sheets
DADE COUNTY
FLORIDA
TYPICAL SECTIONS ~ ~ ,,
I~EST COUNTRY CLUB DRIVE
SPOKE ROAD
SIGNALIZATION GENERAL NOTES
~mley-Hom and As,~dates, Inc.
NOTES: ASSOOIATED PHASE
MOVEMENTS
COUNTRY CLUB DR. / SPOKE RD
POLE, STREET LIGHTING LUMINAiRE AND MAST ARM DATA
AYaNTURA MALL ~^ST ARb' PC.E 2'CTA:L SHEET