Loading...
HomeMy WebLinkAboutR-2023-040 City Place Temporary Utility Easement RESOLUTION NO. 2023- OH O A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY CITY PLACE APARTMENTS, LTD., THE OWNER OF THE PROPERTY LOCATED AT 75 PARK AVENUE WEST, DANIA BEACH, FLORIDA, FOR A TEMPORARY ACCESS AND UTILITY EASEMENT ONTO THE CITY'S PROPERTY, LOCATED AT 49 PARK AVENUE EAST, IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT `B", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach ("Grantor") is the fee simple owner of certain real property located in Broward County, Florida, known as 49 Park Avenue East, Dania Beach, more particularly described in Exhibit "A", attached and made a part of this Resolution ("Grantor's Property"); and WHEREAS, City Place Apartments, Ltd. ("Grantee") located at 75 Park Avenue West, Dania Beach, which property is adjacent to the City's property known as 49 Park Avenue East, is seeking to enter into a Temporary Access and Utility Easement Agreement ("Temporary Easement Agreement") with the City of Dania Beach, in order to provide temporary electrical power to Grantee's property, and which Easement Agreement shall be recorded in the Public Records of Broward County, Florida; and WHEREAS, the proposed Temporary Easement would be for up to one year, or the termination of construction upon the issuance of a final certificate of Occupancy for the project at 75 Park Avenue West, approved under Resolution 2022-189 (December 13, 2022), whichever event is later, and the Temporary Easement shall automatically terminate; and WHEREAS, the Temporary Easement Agreement will allow for the installation, maintenance, repair, replacement and removal of the facilities located or to be located on the Grantor's Property more particularly described in Exhibit `B" attached hereto ("Easement Area") and will provide for a temporary power connection from the transformer on the Grantor's Property to the Grantee's development site located at 75 Park Avenue West, Dania Beach, Florida 33004. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission approves and authorizes the appropriate City officials to execute the Temporary Easement Agreement with the Grantee, which Temporary Easement Agreement is incorporated by reference and attached as Exhibit"C". Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on April 25, 2023. ATTEST: ®" tt (.4) ELORA ► C ARCH A . R A IV CITY CLERK �e� 0t/` MAYOR + APPROVED AS TO FORM AND CORRECTNESS: E E . B TSIS T AT ORNEY 2 RESOLUTION#2023- 0 EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR'S PROPERTY Lots 1 through 9 inclusive, in Block 21, Town of Modelo (now Dania) according to the plat thereof, recorded in Plat Book B, Page 49 of the Public Records of Dade County, Florida; said lands situate, lying and being in Broward County, Florida. 3 RESOLUTION#2023-dHO EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT AREA 4 RESOLUTION#2023-040 SHEET 1 OF 2 LEGAL DESCRIPTION - 12' Utility Easement An easement lying over and across a portion of Lot 2, Lot 3 and Lot 4, Block 21, "TOWN OF MODELO", according to the Plat thereof,as recorded in Plat Book B, Page 49, of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: The South 12 feet of the West 10 feet of said Lot 2, Block 21; together with the South 12 feet of Lot 3, together with the South 12 feet of East 30 feet of Lot 4, Block 21. Said lands situate, lying and being in the City of Dania Beach, Broward County, Florida and containing 1,080 square feet, 0.025 acres more or less. SURVEYOR'S NOTES 1. The purpose of this sketch is to depict the elements of the description appearing hereon,and is provided as an aid in its depiction. This sketch is not a survey. Uses inconsistent with its intended purpose are prohibited. 2. Measurements shown hereon are expressed in U.S.survey feet and decimal parts thereof. 3. This drawing is not valid unless bearing the signature and original raised seal of a Florida licensed Surveyor and Mapper. Unsigned copies may be provided for information purposes only. 4. Radius Professional Surveyor&Mapper,LLC reserved the right to utilize any and all information obtained in the preparation of this sketch for any other purposes. 5. The undersigned Surveyor has not been provided a current title commitment or abstract of matters affecting boundary or title to the subject property. It is possible that there are instruments which affect the subject property which are unknown to the reviewing Surveyor. 6. Radius Professional Surveyor&Mapper, LLC is authorized to provide Surveying and Mapping Services by the State of Florida Department of Business and Professional regulation,License No. LB.7733,pursuant to the provisions of Chapter 472,Florida Statutes. 7. Some features may be drawn"out of scale"for the purposes of clarity. Written dimensions take precedence over scaled dimensions. 8. This sketch and description consists of 2 sheets and each sheet shall not be considered full,valid and complete unless attached to each other. 10. Sources of information used in the preparation of this map of survey are as follows: A. Record plat entitled TOWN OF MODELO, Plat Book B, Page 49, Miami-Dade County Public Records. •SSE '71 j % SURVEYOR'S CERTIFICATION 4. = � N I HEREBY CERTIFY that the herein captioned Sketch of = o . _ o Description is true and correct to the best of my knowledge =o S E OF and belief,as prepared under my direction,supervision and =ON FLORIDA,.. responsible charge. �'' '� • is,Michael �_�__ \\lam, P.S.M. Radius Professional Surveyor&Mapper,LLC Professional t('H QLyor and Mapper Date of Preparation: April 11,2023 Florida Registration No. 6611 REVISION DATE DWN CHK. 4103SkLS—UE—REV.dwg o IS JOBNo.: 21-4103 J J d> us (561)244-5753 PROFESSIONAL SURVEYOR & MAPPER, LLC 436 S.W. BISHOP AVE LICENSED BUSINESS No. LB7733 LAKE CITY, FL 32024 SHEET 2 OF 2 SW PARK STREET 1 r 15 30 GRAPHIC SCALE IN FEET 1 : 30' 1- ZC9 wa w "TOWN OF MODELO" w N D P.B. "B" PG. 49 M.D.C.R. co F o= Q 0 F. U) LOT 3, BLOCK 21 LOT 2, BLOCK 21 LOT 1, BLOCK 21 I v 21 LOT 4, BLOCK 21 � N 90.00' o J br- 10' UTILITY EASEMENT NI 12' UTILITY EASEMENT lIcV(PER O.R.B. 47031, PG. 597) 90.00' LOT 18, BLOCK 21 LOT 19, BLOCK 21 < 21 LOT 16, BLOCK 21 LOT 17, BLOCK 21 KEY TO ABBREVIATIONS LEGEND B.C.R. BROWARD COUNTY RECORDS L.B. LICENSED BUSINESS M.D.C.R.MIAMI DADE COUNTY RECORDS -P PER RECORD PLAT 41031SkLS—UE—REV.dwq P.B. PLAT BOOK JOB No.: 21—4103 PG PAGE ` O14/1 PR/W RIGHT-OF-WAY PROFESSIONAL SURVEYOR&MAPPER Jat di us �i lSffi (561)244-5153 NO. NUMBER PROFESSIONAL SURVEYOR & MAPPER, LLC 436 S.W. BISHOP AVE. O.R.B. OFFICIAL RECORD BOOK LICENSED BUSINESS No. LB7733 LAKE CITY, FL 32024 EXHIBIT"C" Prepared By and Return To: Eve Boutsis, City Attorney City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 Folio #: 504234013080 TEMPORARY ACCESS AND UTILITY EASEMENT AGREEMENT This TEMPORARY ACCESS AND UTILITY EASEMENT AGREEMENT (this "Easement") is granted this day of , 2023 by CITY OF DANIA BEACH, a Florida municipal corporation, having an address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, ("Grantor"), to CITY PLACE APARTMENTS, LTD., a Florida limited partnership("Grantee")having an address of 3050 Biscayne Boulevard, Suite 300,Miami,Florida 33137. (WHEREVER USED HEREIN, THE TERMS "GRANTOR" AND "GRANTEE" INCLUDE ALL THE PARTIES TO THIS INSTRUMENT AND THEIR HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS OF INDIVIDUALS AND THE SUCCESSORS AND ASSIGNS OF CORPORATIONS,WHEREVER THE CONTEXT SO ADMITS OR REQUIRES) WITNESSETH: A. Grantor is the fee title owner of that certain parcel of real property located in the City of Dania Beach, Broward County, Florida, more particularly described on Exhibit "A" attached hereto and incorporated herein("Grantor's Property"), including the portion more particularly described on Exhibit`B" attached hereto (the "Easement Area"). B. Grantor is a municipality within whose jurisdiction Grantor's Property is located. C. Grantee is a Florida limited partnership seeking to utilize Grantor's Property for a temporary power connection from the existing transformer on the Grantor's Property to the Grantee's development site adjacent to Grantor's Property, approved as a 99-unit affordable housing project and located at 75 Park Avenue West, Dania Beach, Florida 33004 and legally described on Exhibit "C" attached hereto ("Grantee's Property"). D. Grantee proposed and Grantor approved a development plan for a project to be constructed on the Grantee's Property (the "Project"), as described in Resolution No. 2022-189, adopted by the Dania Beach City Commission on December 13,2022,as the same has been or may be amended from time to time. E. Grantor desires to grant and create, pursuant to the terms and conditions hereinafter set forth, and Grantee has agreed to accept the Easement as defined below. The easement over the Grantor's Property shall be for a temporary period of time and shall expire upon the issuance by Grantor of a certificate of occupancy for the Project. NOW, THEREFORE, for Ten and No/100 Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. Grant of Easement. Grantor hereby grants and conveys to Grantee, and to Grantee's contractors, employees, agents,and licensees, (i)an exclusive temporary access and utility easement over, across and upon the portion of the Easement Area that is not encumbered by an existing easement from Grantor to Florida Power & Light Company recorded in Official Records Book 47031, page 597, Public Records of Broward County, Florida (the "Existing FPL Easement") and (ii) a non-exclusive temporary access and utility easement over, across and upon the portion of the Easement Area that is encumbered by the Existing FPL Easement, for the purpose of installation, maintenance, repair, replacement and removal of the electrical service lines and related facilities installed or to be installed in the Easement Area and access to such facilities, to Grantor's transformer and other equipment in the Easement Area necessary for such installation,maintenance,repair,replacement and removal, subject to the rights reserved by Grantor, as outlined below, and subject to the improvements constructed or to be constructed on the Grantee's Property. The Easement shall constitute a temporary Easement running with the land and will be recorded at the Grantee's expense, in the public records of Broward County, Florida. The Easement shall remain in full force and effect and be binding upon the Grantor and the Grantee and their respective successors and assigns, until its expiration upon the issuance by Grantor of a certificate of occupancy for the Project. 3. Installation of Temporary Power Lines and other Improvements. Grantee shall install at its sole expense, free of any claims of lien and in accordance with all applicable statutes, ordinances, and regulations, the temporary power connection, electrical service lines, and any other infrastructure in the Easement Area, all as provided in, and in accordance with plans approved by Grantor. Such installation may be for underground service lines and other infrastructure and Grantor hereby consents to such excavation in the Easement Area by Grantee as may be needed for installation, as well as the right to uncover such installation for maintenance, repair, replacement and removal. 4. Maintenance and Repair. Grantee shall be responsible for maintaining the Easement Area and all equipment, lines, conduit, and other improvements installed by Grantee or on its behalf, in a state of good repair, reasonably safe condition, and in a neat and reasonably attractive manner including, without limitation, the maintenance of support structures and all landscaping, irrigation and lighting located within the Easement Area. In the event the equipment or other improvements in the Easement Area is damaged or destroyed in part or in whole, Grantee shall repair and restore same to the original condition,ordinary wear and tear expected. Grantee shall maintain all risks casualty insurance, including windstorm coverage (if applicable for the type of equipment or other improvements to be installed), in amounts reasonably determined by Grantee, for the repair and replacement of the equipment or other improvements in the Easement Area due to casualty and shall name Grantor as an additional insured on such coverage, which shall be written on a carrier licensed to do business in Florida with an AM Best Rating of A- or better. 5. Other Required Insurance Coverage. Grantee shall maintain commercial general liability insurance with respect to the Easement Area and all equipment and improvements therein naming Grantor as an additional insured, written on a carrier licensed to do business in Florida with an AM Best rating of A- or better. Coverage must include, at a minimum: (i) Premises Operating, (ii) Products and Completed Operations, (iii) Blanket Contractual Liability, (iv) Personal Injury Liability, and(v) Expanded Definition of Property Damage. The minimum limits acceptable are $1,000,000 per occurrence, $2,000,000 per location aggregate. The use of an excess/umbrella liability policy to achieve the limits required by this paragraph will be acceptable as long as the terms and conditions of the excess/umbrella policy are no less restrictive than the underlying commercial general liability policy. 6. Notices. Any notice required or permitted to be given hereunder shall be in writing and may be given by i) personal delivery (which shall be effective upon delivery), ii) by certified mail return receipt requested, postage paid(which shall be effective.upon receipt or refusal to accept delivery), or iii) by nationally-recognized overnight delivery service for delivery on the following business day(which shall be effective upon receipt or refusal to accept delivery), to the address set in this paragraph, or such other address as a party may designate on notice to the other. Grantor: City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Eve A. Boutsis Dania Beach City Attorney 100 West Dania Beach Boulevard Dania Beach, Florida 33004 and Public Services Director Dania Beach City Manager 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Grantee: City Place Apartments, Ltd. 3050 Biscayne Boulevard, Suite 300 Miami, Florida 33137 Attn.: Francisco Rojo With a copy to: Stearns Weaver Miller Weissler Alhadeff& Sitterson, PA 150 W. Flagler Street, Suite 2200 Miami, Florida 33130 Attn.: Brian McDonough 7. Reservation of Rights: a. Use of Easement Area. Grantor hereby reserves all rights of ownership in and to the Easement Area which are consistent with the Easement, including, without limitation: i. the right to grant further non-exclusive easements on, over, under and/or across the Easement Area (i.e., utility, access, etc.) which do not conflict with the purpose of this Easement or Grantee's use rights granted hereby; and ii. the exclusive right to design, build, furnish and maintain any and all improvements (including, but not limited to landscaping, irrigation, and lighting) located within and adjacent to the Easement Area which do not conflict with the purpose of this Easement or Grantee's use rights granted hereby. 8. Exhibits. All of the Exhibits attached to this Easement are incorporated in and made a part of this Easement. 9. Sovereign Immunity. Nothing in this Easement shall be interpreted to constitute a waiver of the sovereign immunity of the Grantee with respect to any negligence actions brought against the Grantee by third parties. 10. Form of Document. The provisions of this Easement do not imply obligations on the part of the Grantee other than the requirements to provide notice as specifically set forth herein. This Easement shall not cease to exist upon default by the Grantor or the Grantee's failure to give notice. 11. Inspections. As a further part of this Easement, it is hereby understood and agreed that any official inspector of the City of Dania Beach, or its agents duly authorized, may have the privilege at any reasonable time, with reasonable prior notice to Grantee, of entering and investigating the functionality and condition of the improvements to the Easement Area. 12. Duration. The provisions of this Easement shall become effective upon their recordation in the public records of Broward County, Florida. 13. Enforcement. Enforcement shall be by action against any parties or persons violating or attempting to violate any of the terms of this Easement. The prevailing party to any action or suit pertaining to or arising out of this Easement shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of its attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 14. Severability. Invalidation of any provision in this Easement by judgment of Court shall not affect any of the other provisions, which shall remain in full force and effect. 15. Cumulative rights. All rights,remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 16. Amendments. This Easement may be amended or modified only by written instrument effectuating and acknowledging such amendment or modification executed by(i) Grantee, or, as applicable, the then owner(s) of the Grantee's Property, with joinders by all mortgagees (but only to the extent that the mortgage or other loan document held by such mortgagee requires such joinder), and (ii) the Mayor, City Manager or other officer authorized by the City Commission, on behalf of Grantor, whose execution and acknowledgement shall evidence the approval of Grantor. Minor amendments or minor modifications to correct or amend the location or configuration of the Easement as set forth on Exhibit "B" of this Easement may be executed by the then fee owner(s) and the City Manager of Grantor without necessity of review and approval by the City Commission. Modifications or amendments shall be recorded in the Public Records of Broward County, Florida. 17. Termination. The Term of this Easement shall expire automatically upon issuance of a certificate of occupancy for the Project. Prior to termination of this Easement, the temporary power connection, electrical service lines, and any other infrastructure installed by the Grantee shall be disconnected, excavated, and removed at Grantee's sole expense and the Grantee's contractors, employees, agents, and licensees shall have vacated the Easement Area and all excavated areas shall have been filled and returned to original grade. 18. Entire Agreement. This Easement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties with respect thereto. 19. Captions. The captions and paragraph headings contained in this Easement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Easement, nor the intent of any provision hereof. 20. Counterparts. This Easement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Easement. 21. Waiver. No waiver of any of the provisions of this Easement shall be effective unless it is in writing, signed by the party against whom is its asserted and any such waiver shall only be applicable to the specific instance in which it relates and shall not be deemed to be a continuing or future waiver. 22. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Florida and venue for any litigation arising hereunder shall be Broward County, Florida. 23. Recordation.Upon execution and delivery,Grantee shall record this Easement in the public records of Broward County, Florida. [SIGNATURES ON FOLLOWING PAGE] WITNESSES: [Witness Signature] [Print Name] [Witness Signature] GRANTOR: [Print Name) CITY OF DANIA BEACH, a Florida municipal corporation By: Archibald J. Ryan IV, Mayor By: Ana M. Garcia, ICMA-CM, City Manager ATTEST: By: Elora Riera, MMC, City Clerk APPROVED AS TO FORM AND ACCEPTED: Signed: Eve A. Boutsis, City Attorney, City of Dania Beach STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me, by either [ ] online notarization or [ ] physical presence,this_day of ,2023,by Archibald J. Ryan IV and Ana M. Garcia, as Mayor and Manager, respectively, of the City of Dania Beach, on behalf of the City. They are personally known to me or have produced as identification. [SEAL] Notary Public, State of Florida Typed, printed or stamped name of Notary Public My Commission Expires: WITNESSES: [Witness Signature] [Print Name] [Witness Signature] GRANTEE: [Print Name] CITY PLACE APARTMENTS,LTD., a Florida limited partnership By: City Place Apartments GP, LLC, its general partner By: Francisco Rojo, Vice President STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me,by either [ ] online notarization or [ ] physical presence, this day of , 2023, by Francisco Rojo, as Vice President of City Place Apartments GP, LLC, the general partner of CITY PLACE APARTMENTS, LTD., a Florida limited partnership. He is personally known to me or has produced as identification. [SEAL] Notary Public, State of Florida Typed, printed or stamped name of Notary Public My Commission Expires: EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR'S PROPERTY Lots 1 through 9 inclusive,in Block 21,Town of Modelo(now Dania)according to the plat thereof, recorded in Plat Book B,Page 49 of the Public Records of Dade County,Florida; said lands situate, lying and being in Broward County, Florida. EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT AREA EXHIBIT "C" LEGAL DESCRIPTION OF GRANTEE'S PROPERTY Lots 10, 11, 12, 13, 14, 15 and 16, Block 21, TOWN OF DANIA (FORMERLY MODELO), according the Plat thereof recorded in Plat Book B,Page 49, of the Public Records of Miami-Dade County, Florida, said lands situate in Broward County, Florida. LESS AND EXCEPT THEREFROM the land set forth in that Special Warranty Deed from City Place Apartments, Ltd., a Florida limited partnership to The City of Dania Beach, a Florida municipal corporation, dated January 5, 2023, recorded January 5, 2023 in Instrument #118605967.