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2019-192-3321 Utility Easement North Miami Beach RESOLUTION NO. 2019-192-3321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY EASEMENT WITH THE CITY OF NORTH MIAMI BEACH; ATTACHED HERETO AS EXHIBIT "A" AND "B", PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a programmed project funded by the General Obligation Bond is the redevelopment of Bunche Park which is currently under construction, and WHEREAS, the project generally includes a new alternative sports building, artificial turf field, playground, basketball courts, parking lot and hardscape, landscaping and irrigation along with all new underground utilities, and WHEREAS, included in the new utilities are potable water and fire line connections, and WHEREAS, the City of North Miami Beach ("CNMB") requires, and as is standard practice, the installation of Double Detection Check Valves (DDCV aka backflow preventers) to prevent inadvertent contamination of the public potable water system, and WHEREAS, given site configuration, the DDCV is located just outside the right of way and is on City property, and WHEREAS, the DDCV needs 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 the 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: Resolution No. 2019-192-3321 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 hereby authorizes the City Manager to execute a utility easement with the City of North Miami Beach (CNMB"), attached hereto as Exhibit "A" and "B°. 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 SEPTEMBER 11 , 2019. OLIVER GILBERT, III, MAYOR ATTEST: I MA RIO BATAILLE, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: Councilman Williams Jr. Seconded by: Councilwoman Odom VOTE: 7-0 Mayor Oliver Gilbert, III X (Yes) (No) Vice Mayor Rodney Harris X (Yes) (No) Councilwoman Katrina Wilson X (Yes) (No) Councilman Erhabor Ighodaro, Ph.D. X (Yes) (No) Councilwoman Lillie Q. Odom X (Yes) (No) Councilman Reggie Leon X (Yes) (No) Councilman David Williams Jr X (Yes) (No) Page 2 of 2 EXHIBIT"A" Agenda Item #11.16 D:\TE I I v.,water North Miami Beach,FL q .00, JACOBS EASEMENT AGREEMENT INFORMATION SHEET PLEASE COMPLETE WITH AS MUCH INFORMATION AS POSSIBLE NAME City of Miami Gardens,Florida Corporation Municipal Partnership_ Limited Partnership Other (Please specify below) **AUTHORIZED SIGNATURE ON BEHALF OF A CORPORATION IS BY THE PRESIDENT. AUTHORIZED SIGNATURE ON BEHALF OF AN L.L.C. IS THE GENERAL PARTNER. PLEASE PROVIDE A COPY OF THE CORPORATE RESOLUTION WHICH BINDS/ALLOWS ANYONE ELSE TO SIGN ON THEIR BEHALF AND/OR SUBMIT A SAMPLE SIGNATORY PAGE OF A PREVIOUS LEGAL DOCUMENT IN ORDER TO PREPARE YOUR PROJECT AGREEMENT. ***PROJECT NAME BUNCHE PARK PROPERTY ADDRESS 15600 West Bunche Park Drive Miami Gardens,FL 33053 MAILING ADDRESS 18605 NW 27th Ave Miami Gardens,FL 33056 NAME AND TITLE OF PERSON WHO WILL SIGN AGREEMENT Cameron D.Benson,City Manager Name/Title (PLEASE PRINT) NAME&TITLE OF PERSON WHO WILL ATTEST TO SIGNING AGREEMENT Name/Title (PLEASE PRINT) If it is a Corporation,please state names and position of officers: PRESIDENT VICE-PRESIDENT SECRETARY TREASURER NOTE: Execution on behalf of a partnership should be accomplished by the General Partner of a Limited Partnership and by ALL partners of a General Partnership. One partner may sign on behalf of a general partnership if accompanied by authorization to bind the partnership signed by all of the partners. Execution on behalf of a corporation should be accomplished by the President or Vice President. Secretary of the corporation should attest the agreement. JULY 2017 Page 225 of 386 EXHIBIT"B" Agenda Item #11.16 City Attorney City of North Miami Beach 17050 NE 19 Avenue North Miami Beach, FL 33162(305)948-2967 GRANT OF EASEMENT FOR WATER FACILITIES. THIS GRANT OF EASEMENT FOR is made and entered into this day of 20 , by and between the CITY OF MIAMI GARDENS , as "Grantor", 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. 19' 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 sewer 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 water facilities located on the Easement Area. Hereafter, unless specified to the contrary; use of the term "water facilities" shall include transmission mains, PROJECT#: DATE: Page 226 of 386 Agenda Item #11.16 City Attorney City of North Miami Beach 17050 NE 19 Avenue North Miami Beach -�' 33162 944` distribution mains, supply pipes, manholes, valves, connections, pumps, all other physical facilities and property installations that are required for water facilities. 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 (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. 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 PROJECT#: DATE: Page 227 of 386 Agenda Item #11.16 apa e uy. City Attorney City of North Miami Beach 17050 NE 19 Avenue North Miami Beac- i7L 33162 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; however, the limitations under such statutory provision shall not apply to the Grantee's contractual obligations to defend Grantor and to cover, pay and/or reimburse any and all costs, expenses, liabilities, claims, actions, causes of action, losses, demands and damages, including, without limitation, reasonable attorneys' fees (including the cost of in-house counsel) and disbursements at the trial level and all levels of appeal, relating to death or of injury to persons, or loss of or damage to property, incurred in connection with, use of the Easement Area by the Grantee, except as excluded herein. 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 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 A 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 sewer facilities resulting from damage caused by Grantor to the sewer facilities pursuant to Grantor's 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 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 sewer facilities pursuant to this paragraph 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. 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 PROJECT#: DATE: Page 228 of 386 Agenda Item #11.16 City Attorney City of North Miami Beach 17050 NE 19 Avenue North Miami Beach FL 33162(305 94P-111i,- the 4P-;ythe 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, and shall be addressed to the respective parties at the addresses set forth in the preamble to this Easement. 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] PROJECT#: DATE: Page 229 of 386 Agenda Item #11.16 N,FeG Uy City Attorney City of North Miami 6eacn 17050 NE 19 Avenue North Miami Beach, FL 33162(305)948-2967 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. GRANTOR: THE CITY OF MIAMI GARDENS COMPANY NAME BY: NAME: Cameron D. Benson TITLE: City Manager Signed, sealed and delivered in the presence of: WITNESS #1: PRINTED NAME: WITNESS #2: PRINTED NAME: STATE OF FLORIDA COUNTY OF Before me personally appeared Cameron D. Benson and , to me well known, and known to me to be the individuals described in and who executed the foregoing instrument of the above named , a Corporation, or having produced current drivers license as identification, and severally acknowledge to and before me that they executed such instrument of said Corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said Corporation and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said Corporation and did/did not take an oath. WITNESS my hand and official seal, this day of A.D. 20 (Signature of Notary) (Name of Notary Typed, Printed or Stamped) (Title or Rank) PROJECT#: DATE: Page 230 of 386 Agenda Item #11.16 City Attorney City of North Miami Beach 17050 NE 19 Avenue North Miami Beach, FL 33162(305)948-2967 GRANTEE: CITY OF NORTH MIAMI BEACH BY: NAME: ESMOND K. SCOTT TITLE: CITY MANAGER Signed, sealed and delivered in the presence of: WITNESS #1: PRINTED NAME: WITNESS #2: PRINTED NAME: STATE OF FLORIDA COUNTY OF Before me personally appeared and to me well known, and known to me to be the individuals described in and who executed the foregoing instrument of the above named , a Corporation, or having produced current drivers license as identification, and severally acknowledge to and before me that they executed such instrument of said Corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said Corporation and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said Corporation and did/did not take an oath. WITNESS my hand and official seal, this day of A.D. 20 (Signature of Notary) (Name of Notary Typed, Printed or Stamped) (Title or Rank) PROJECT#: DATE: Page 231 of 386 Agenda Item #11.16 Praparea ny: City Attorney City of North Miami Beach 17050 NE 19 Avenue North Miami Beach,FL 33162(305)948-2967 EXHIBIT "A" Lots 29 through 35, Block 30 and all of Tract A of BUNCHE PARK, as recorded in Plat Book 50, Page 20 of the Public Records of Miami-Dade County Records PROJECT#: DATE: Page 232 of 386 Agenda Item #11.16 Prepared by: City Attorney City of North Miami Beach 17050 NE 19 Avenue North Miami Beach, FL 33162(305)948-2967 EXHIBIT "B" ATTACHED PROJECT#: DATE: Page 233 of 386 Agenda Item #11.16 Nreparec op City Attomey City of North Miami Beach 17050 NE 19 Avenue North Miami Beach, FL 33162(305)948-2967 JOINDER The undersigned hereby consents to and joins in on the foregoing Grant of Easement for Water Facilities as of this day of 2019. Witnessed by: Company Name: City of Miami Gardens By: Cameron D. Benson, City Manager Print Name: By: Name, Title Print Name: Print Name: By: Name, Title Address: Print Name: [CORPORATE SEAL] [NOTARIAL ACKNOWLEDGMENTS ON FOLLOWING PAGE] PROJECT#: DATE: Page 234 of 386 Agenda Item #11.16 City Attorney City of North Miami Beach 17050 NE 19 Avenue North Miami Beach, FL 33162(305)948-2967 STATE OF FLORIDA ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2019 by as of ,as member of as of , a Florida limited liability company, who is personally known to me, or who has provided proper identification in the form of [Notary Seal]: Notary Public,State of Florida at Large Print Name: My Commission Expires: STATE OF FLORIDA ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2019 by as of as member of as of , a Florida limited liability company, who is personally known to me, or who has provided proper identification in the form of [Notary Seal]: Notary Public, State of Florida at Large Print Name: My Commission Expires: PROJECT#: DATE: Page 235 of 386