HomeMy WebLinkAbout2022-050-3763_-_Utility_easement_to_CNMB_for_Cloverleaf_Park_-_Adopted_-_PdfRESOLUTION NO. 2022-050-3763
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS,FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A UTILITY EASEMENT AND ALL
ATTENDANT DOCUMENTS WITH THE CITY OF NORTH MIAMI
BEACH TO PROVIDE UTILITY SERVICES TO CLOVERLEAF
PARK; ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, as part of the redevelopment project for Cloverleaf Park, a new
community building is being constructed, and
WHEREAS, with the new construction of the Cloverleaf Park community building,
the water service was modified to provide potable water and irrigation connections, and
WHEREAS, the City of North Miami Beach (“CNMB”) requires, and as standard
practice, the installation of water meters to monitor usage and service located on City
property, and
WHEREAS, the water meters need to be contained within an easement to CNMB
and this easement provides for CNMB to own, operate, and maintain certain facilities
contained within the easement, and
WHEREAS, Staff recommends that the City Council approve an easement to the
City of North Miami Beach,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
authorizes the City Manager to execute a utility easement and all attendant documents
with the City of North Miami Beach, ATTACHED HERETO AS EXHIBIT “A.”
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON APRIL 27, 2022.
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________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: Councilman Stephens
Seconded by: Councilwoman Julien
VOTE: 6-0
Mayor Harris Yes
Vice Mayor Leon Absent
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
Page 2 of 10Resolution No. 2022-050-3763
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Prepared: City of North Miami Beach
City Attorney’s Office
17050 NE 19 Avenue
North Miami Beach, FL 33162
(305) 948-2967
1 PROJECT:
DATE:
GRANT OF EASEMENT FOR WATER FACILITIES
THIS GRANT OF “Easement” FOR is made
and entered into this day of , 20 , by and between CITY OF
MIAMI GARDENS, as “Grantor”, having an address at 18605 NW 27th Avenue, Miami
Gardens, FL 33056 and the CITY OF NORTH MIAMI BEACH, a municipal corporation duly
organized and existing under the laws of the State of Florida, having an address at 17011 N.E.
19th Avenue, North Miami Beach, Florida 33162, hereinafter referred to as “Grantee”.
RECITALS
A. Grantor is the fee simple owner of certain real property described in Exhibit A attached
hereto and made a part hereof (“Subject Property”).
B. Grantor has agreed to grant an easement over that certain portion of the Subject
Property specifically described on Exhibit “B”, attached hereto and made a part hereof
(the “Easement Area”), upon the terms and conditions set forth herein.
C. Grantor has agreed to grant an easement to Grantee for the sole purpose of
construction, operation and maintenance of water facilities, including transmission
mains, distribution mains, supply pipes, manholes, valves, connections, pumps and all
other physical facilities and property installations that are required for water facilities
across, under and through the Easement Area, as may be required by Grantee in
connection with its use and operation of the water facilities.
D. Grantee shall bear any and all costs of maintenance, utilities, replacements, repairs,
taxes, insurance, and any and all other costs and expenses involved in its operation and
use of the water facilities (the "Operating Costs").
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
Recitals. The above recitals are true and correct and by this reference are incorporated as if
fully set forth herein.
Easement. Grantor hereby grants to Grantee, for the use and benefit of Grantee, its successors
and assigns and its agents and employees, a non-exclusive easement over, across, through
and under the Easement Area solely for the use, installation, operation, maintenance,
replacement and repair of the sewer facilities located on the Easement Area. Hereafter, unless
specified to the contrary; use of the term "sewer facilities" shall include transmission mains,
distribution mains, supply pipes, manholes, valves, connections, pumps, all other physical
facilities and property installations that are required for sewer facilities.
Page 3 of 10Resolution No. 2022-050-3763
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Prepared: City of North Miami Beach
City Attorney’s Office
17050 NE 19 Avenue
North Miami Beach, FL 33162
(305) 948-2967
2 PROJECT:
DATE:
Maintenance. Grantee agrees to install, maintain, repair and replace (as necessary) the water
facilities, or necessary portions thereof, so that same is at all times in good working order and
condition and free of material defects, subject only to occasional interruption of service due to (i)
ordinary wear and tear and use thereof; (ii) routine or extraordinary maintenance, repair or
replacement; or (iii) events beyond Grantee's reasonable control. Grantee shall have the right to
select the contractor(s) of its choice in connection with all aspects of installation, maintenance,
repair, and replacement of the water facility. Grantee shall only be obligated to restore
pavement, curb-gutter, sidewalk and/or sod, to restore the surface of the Easement Area to the
condition in which it existed immediately prior to the performance of such work (the cost of
which shall be included in Operating Costs). Any other landscaping, encroachments,
structures or other materials on the surface of the Easement Area will not be restored or
maintained by the Grantee.
The Grantor shall, at all times, have full and unrestricted access to the Easement Area in order
to maintain, repair and replace necessary portions of the surface of the Easement Area. In the
event that the water facilities are damaged by the Grantor during any such maintenance, repair
or replacement, the Grantor shall make all necessary repairs to the water facilities at Grantor's
sole expense.
Encroachments. Grantor agrees to keep Easement Area easily accessible, with no structures
to be placed within or immediately adjacent to the Easement Area impeding access to the
Easement area. Grantor will immediately remove, at its own expense, any encroachment, or
structure located within the Easement Area.
Third Party Agreements. Grantor agrees to immediately notify Grantee of any third parties
intending to use, install, or otherwise encroach on the Easement Area.
Noise Controls. Grantee shall use best efforts and, at a minimum, shall comply with industry
standards, with respect to controlling noise emanating from the water facilities.
Payment Covenants. Grantee shall be responsible for the Operating Costs of the water
facilities. Grantor shall be responsible for any costs associated ·with damage to the water
facilities resulting from Grantor's maintenance, repair or replacement related to the surface
portion of the Easement Area.
Term. The term of this Easement shall be perpetual unless terminated by the parties in a writing
executed by both. This Easement shall not merge with any deed to the Subject Property or any
part thereof but shall survive for the Term described herein. ·
Successors and Assigns. This Easement shall bind, and the benefit thereof shall inure to the
respective successors and assigns of Grantee.
Limitation. It is the intention of the parties hereto that this Easement shall be limited to and
utilized solely for the purposes expressed herein.
Page 4 of 10Resolution No. 2022-050-3763
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Prepared: City of North Miami Beach
City Attorney’s Office
17050 NE 19 Avenue
North Miami Beach, FL 33162
(305) 948-2967
3 PROJECT:
DATE:
Indemnification and Hold Harmless. The Grantee will assume and defend all liability of
Grantor, with respect to the Grantee’s activities within the Easement Area, except for liability
arising in whole or in part from the negligence or willful acts of the Grantor, its officers, owners,
residents, guests, employees, or any other third party permitted by the Grantor to be within the
Easement Area. Nothing contained in this paragraph or elsewhere in this Grant of Easement
Agreement is intended to be a waiver of limitations on the Grantee’s liability to third parties as
set forth in Section 768.28, Florida Statutes.
Default by Grantee. In the event of a default by Grantee in the maintenance, operation or
repair of the water facilities, Grantor shall give written notice to Grantee, specifying the nature of
such default. Grantee shall have a period of ten (10) days following receipt of said notice in
which to remedy the default (or such longer time as may be necessary and reasonable,
provided Grantee shall have commenced a cure within said ten (10) day period and is diligently
and continuously prosecuting same); failing which Grantor shall have the right to access the
water facilities, for the limited purpose of effecting the required repair or maintenance.
Notwithstanding the foregoing, if the default is of such a nature that an emergency situation
arises constituting an unsafe or unsanitary condition, the period for cure of such default shall be
accelerated to be a period of time determined by Grantor in its sole discretion, but which is
reasonable in light of the nature of the emergency. All costs incident to curing a default by
Grantee under this subsection shall be the sole responsibility and obligation of and, accordingly,
shall be borne by, the Grantee.
Default by Grantor. In the event of a default by Grantor in the repair of the water facilities
resulting from damage caused by Grantor to the water facilities pursuant to Grantors activities
provided for herein, Grantee shall give written notice to Grantor, specifying the nature of such
default. Grantor shall have a period of ten (10) days following receipt of said notice in which to
remedy the default (or such longer time as may be necessary and reasonable, provided Grantor
shall have commenced a cure within said ten (10) day period and is diligently and continuously
prosecuting same); failing which Grantee shall have the right to effect the required repair of the
water facilities. All costs incident to repair of the water facilities shall be borne by the Grantor.
Enforcement. In the event it becomes necessary for any party to defend or institute legal
proceedings as a result of the material failure of either party to comply with the terms, covenants
and conditions of this Easement, the prevailing party in such litigation shall recover from the
other party all costs and expenses incurred or expended in connection therewith, including,
without limitation, reasonable attorneys' fees and costs, at all levels.
Venue; Jurisdiction. This Easement shall be governed and construed in all respects in
accordance with the laws of the State of Florida, without regard to its conflict of laws provisions.
Further, all parties hereto agree to avail themselves of and submit to the personal jurisdiction of
the Courts of the State of Florida in Miami-Dade County.
Page 5 of 10Resolution No. 2022-050-3763
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Prepared: City of North Miami Beach
City Attorney’s Office
17050 NE 19 Avenue
North Miami Beach, FL 33162
(305) 948-2967
4 PROJECT:
DATE:
Interpretation. No provision of this Easement will be interpreted in favor of,
or against, any of the parties hereto by reason of the extent to which any such party or its
counsel participated in the drafting thereof or by reason of the extent to which any such
provision is inconsistent with any prior draft hereof or thereof.
Counterparts. This Easement may be executed in any number of counterparts, each of which
shall be deemed an original and all of which, taken together, shall constitute a single document.
Notices. All notices, demands, requests or other communications required or permitted to be
given hereunder shall be deemed delivered and received upon actual receipt or refusal to
receive same, and shall be made by United States certified or registered mail, return receipt
requested or by hand delivery.
Notice to Grantor shall be addressed to:
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Notice to Grantee shall be addressed to:
City of North Miami Beach
17011 N.E. 19th Avenue
North Miami Beach, Florida 33162
Entire Easement. This Easement constitutes the entire agreement between the parties hereto
with respect to the specific subject matter hereof and supersedes all prior negotiations,
agreements, understandings and arrangements, both oral and written, between the parties with
respect to such specific subject matter. This Easement may not be modified in any way, except
by a written instrument executed by each of the parties.
Severability. If any clause or provision of this Easement is deemed illegal, invalid or
unenforceable under present or future laws effective during the term hereof, then the validity of
the remainder of this Easement shall not be affected thereby and shall be legal, valid and
enforceable.
[ENDORSEMENTS TO FOLLOW]
Page 6 of 10Resolution No. 2022-050-3763
DocuSign Envelope ID: 2AA6D3A1-76B6-4457-B345-9A8C5140CA8B
Prepared: City of North Miami Beach
City Attorney’s Office
17050 NE 19 Avenue
North Miami Beach, FL 33162
(305) 948-2967
5 PROJECT:
DATE:
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
GRANTOR:
BY:
PRINT NAME:
TITLE:
Signed, sealed and delivered in the presence of:
WITNESS #1:__________________________________
PRINTED NAME:_______________________________
WITNESS #2:__________________________________
PRINTED NAME:_______________________________
STATE OF COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 20 by (Grantor). He/she is personally
known to me or has produced physical presence or online notarization.
_
Notary Public
_
Typed, printed or stamped name of Notary Public
Commission Expires:
Page 7 of 10Resolution No. 2022-050-3763
DocuSign Envelope ID: 2AA6D3A1-76B6-4457-B345-9A8C5140CA8B
Prepared: City of North Miami Beach
City Attorney’s Office
17050 NE 19 Avenue
North Miami Beach, FL 33162
(305) 948-2967
6 PROJECT:
DATE:
GRANTEE:
CITY OF NORTH MIAMI BEACH
ARTHUR H. SOREY, III
CITY MANAGER
Signed, sealed and delivered in the presence of:
WITNESS #1:__________________________________
PRINTED NAME:_______________________________
WITNESS #2:__________________________________
PRINTED NAME:_______________________________
STATE OF FLORIDA COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 20 by (Grantee). He/she is personally
known to me or has produced as identification by
means of physical presence or online notarization
_
Notary Public
_
Typed, printed or stamped name of Notary Public
Commission Expires:
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