HomeMy Public PortalAbout2010-21 Approving agreement with Galleria of Key Biscayne, Inc re Golf CartsRESOLUTION NO. 2010-21
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN
AGREEMENT BETWEEN THE VILLAGE AND GALLERIA
OF KEY BISCAYNE INC. PERMITTING GOLF CART AND
PEDESTRIAN ACCESS AND IMPROVEMENTS FOR A
PORTION OF THE PROPERTY LOCATED AT 328
CRANDON BOULEVARD (GALLERIA SHOPPING
CENTER); AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council adopted Ordinance 2009-4 that created the Golf Cart Safety
Board for the purpose of providing recommendations to the Village Council and Village Manager
regarding golf cart safety practices; and
WHEREAS, on January 12, 2010, the Village Council adopted Resolution 2010-1, which
authorized the Village Manager to take any and all steps necessary to implement the improvements
within the Golf Cart/Pedestrian/Bicycle Fernwood Road and Commercial Property Safety and
Access Plan, dated August 24, 2009 (the "Plan"); and
WHEREAS, one of the recommended improvements within the Plan was to provide golf
cart access from Fernwood Road to the Galleria Shopping Center; and
WHEREAS, on April 27, 2010, the Village Council approved an agreement to provide golf
cart access from Fernwood Road to the Galleria Shopping Center, but subsequent to the approval,
the Galleria Shopping Center requested modifications that were not substantially in the form of the
approved agreement; and
WHEREAS, as such, the Village Council finds that it is necessary to approve the modified
agreement between the Village and Galleria of Key Biscayne Inc. permitting golf cart and pedestrian
access and improvements on a portion of the property located at 328 Crandon Boulevard, in
substantially the form attached hereto as Exhibit "A-1;" and
WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare
of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above -stated recitals is hereby adopted
and confirmed.
Section 2. Agreement Approved. That the agreement between the Village and Galleria
of Key Biscayne Inc. permitting golf cart and pedestrian access and improvements on a portion of
the property located at 328 Crandon Boulevard, in substantially the form attached hereto as Exhibit
"A," is hereby approved, and the Village Manager is hereby authorized to execute the Agreement
on behalf of the Village, subject to approval of the Village Attorney as to form and legal sufficiency.
Section 3. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 8th day of June , 2010.
MAYOR ROBERT L. VERNON
ATT
iv4"."
CONCHITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICIE C
VILLAGE A TORN
2
ACCESS AGREEMENT
THIS ACCESS AGREEMENT (the "Agreement") is made this ? ay of May, 2010 by
Galleria of Key Biscayne Inc., a Florida corporation, whose address is 328 Crandon Blvd, Key
Biscayne Florida 33149 ("Owner") and the Village of Key Biscayne, Florida, a Florida municipal
corporation, whose address is 88 W. McIntyre Street, Key Biscayne, Florida 33149 (the "Village").
RECITALS:
WHEREAS, Owner is the fee simple owner of certain real property located in Miami -Dade
County, Florida, more particularly described on Exhibit "A" attached hereto and made a part hereof
(the "Shell Path"); and
WHEREAS, Owner has agreed to grant to the Village certain access rights over, across, and
under the Shell Path to the adjacent parking lot from the right of way.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by the parties, the Village and Owner 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. Access Agreement. Owner does hereby grant and convey to the Village and its
successors and assigns, a non-exclusive right of access, over, upon, across and through the Shell Path
to the adjacent parking lot for golf cart and pedestrian ingress and egress.
3. Term. The term of this Agreement shall begin on the date it is fully executed by both
parties and shall extend for a five (5) year term. The term shall automatically renew for successive
five (5) year periods.
4. Path Construction. Owner hereby grants the Village full rights and authority to enter
upon and excavate the Shell Path in order to install, construct, operate, relocate, replace, improve,
remove, inspect, repair and maintain a crushed seashell or similar material path to the adjacent parking
lot.
5. Public Access. Owner expressly acknowledges and agrees that the general public
shall have the right to use the Shell Path for golf cart and pedestrian ingress and egress from the
public right of way to the adjacent parking lot.
6. Village Maintenance. The Village shall repair and maintain the Shell Path at its own
cost and expense.
7. Indemnification. Subject to the provisions and monetary limitations of Section
768.28 (5), Florida Statutes, which limitations shall be applicable regardless of whether such
provisions would otherwise apply, and to the extent permitted by law, the Village shall, at all times,
Page 1 of 6
indemnify, save, defend and keep the Owner free and harmless from any and all loss, cost, damage,
liability or suit occasioned by any act of the Village arising out of or in connection with its exercise
of its right and privileges to the Shell Path under this Agreement.
8. No Obstruction of Traffic. Owner shall not cause or permit any obstruction to the
free flow of golf cart and pedestrian traffic or use of the access rights granted herein, without the
prior written consent of the Village.
9. Attorney's Fees. In the event a party institutes any legal action or proceedings for the
enforcement of any right or obligation herein contained, the prevailing party shall be entitled to
recover its cost and reasonable attorney's fees incurred in the preparation and prosecution of such
action or proceeding.
10. Severability. Each provision of this Agreement and the application thereof to the
Shell Path are hereby declared to be independent of and severable from the remainder of this
Agreement. If any provision contained herein shall be held to be invalid or to be unenforceable or
not to run with the land, such holding shall not affect the validity or enforceability of the remainder
of this Agreement. In the event the validity or enforceability of any provision in this Agreement is
held to be dependent upon the existence of a specific legal description, the parties agree to promptly
cause such legal description to be prepared.
11. Amendment or Modification. This Agreement may be amended or modified only
by a written instrument signed by both parties or their respective successors and assigns.
12. Termination. The Village or Owner may terminate this Agreement at its discretion
either with or without cause, provided that the requesting party provides the other with 30 days
written notice. Termination of the Agreement shall not be effective until the 30th day after the receipt
of the written notice by the non -requesting party. In the event the Owner terminates the Agreement
within the first term of the Agreement, the Owner shall pay the Village the prorated costs of the
improvements as shown in Exhibit "A."
13. Governing Laws. The laws of the State of Florida shall govern the interpretation,
validity, performance and enforcement of this Declaration. Venue for any action brought hereunder
shall be proper exclusively in Miami -Dade County, Florida.
14. Successors and Assigns. The covenants, conditions and agreements contained in
this Agreement will inure to the benefit of and be binding upon the successors and assigns of
Owner and the Village.
15. Waiver. No express or implied consent or waiver by a party to or of any breach or
default by the other party in the performance by such other party of its obligations under this
Agreement will be deemed or construed to be a consent or waiver to or of any other breach or default
in the performance by such other party of the same or any other obligations of such other party
hereunder. Failure by a party to complain of any act or failure to act of the other party or to declare
the other party in default, irrespective of how long such failure continues will not constitute a waiver
Page 2 of 6
o
by such party of its rights hereunder. The giving of consent by a party in any one instance will not
limit or waive the necessity to obtain such party's consent in any future instance.
16. Authority to Execute. Owner warrants and represents to the Village that the
individuals signing this Agreement on behalf of Owner have full power and authority to execute and
deliver the Agreement and to bind Owner.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 3 of 6
ACCESS AGREEMENT
IN WITNESS WHEREOF, Owner and Village have executed this Agreement the day and
year first above written.
VILLAGE: OWNER:
VILLAGE OF KEY BISCAYNE, a
GALLERIA OF KEY BISCAYNE INC., a
Florida ninicipal corporation Florida corporation
By
Gee aro "Chip" Iglesias, lage Mana
Date Executed:
Atte
xi/
onchita Alvarez, Village Clerk
Approved as to Form and Legal Sufficiency:
Village Attorney
By:
Name: ( /' l
Title: t1, „}.0- ;
Date Executed: j ?y,
,
Page 4 of 6
LOCATION MAP
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SEMENT 4 ._...._._, ,:._� ,•....;•
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CATION f
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A PORTION OF
SECTION 32, TOWNSHIP 54 SOUTH, RANGE 42 EAST
VILLAGE OF KEY BISCAYNE, MIAMI-DADE COUNTY, FLORIDA
_44
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E#i(EwA4t l (�R L�f#
P(3)SM, L.L.C.
PROFESSIONAL SURVEYORS & MAPPERS
3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33166 PHONE:(305) 463-0912 FAX:(305) 463-0913
L.B. No. 7335
SKETCH AND LEGAL DESCRIPTION FOR A 6 FOOT WIDE INGRESS- EGRESS EASEMENT
DATE:
DRAWN BY
SCALE:
JOB No.
SHEET:
04-01-10
JP
N/A
1003-00023-002
1 of 4
SURVEYOR'S
SURVEYOR'S NOTES AND CERTIFICATE
of
No. 6313
NOTES:
but only a
bearing shown hereon
the northerly
Book 46 at Page
and the original
Additions or
signing party or
party or parties.
not shown
Records of this
have to be
this property.
performed to determine
the creation of
other type of
for.
is to encompass
GRAPHIC DEPICTION of the
are based on an assumed
boundary line of Tract 5 of
86 of the public records of
raised seal of a Florida
deletions to survey maps or
parties is prohibited without
on this Sketch & Legal that
County. Examination of
made to determine recorded
if there are any conflict
the easements, Right —of —Ways,
encumbrances that the herein
a 6 foot wide INGRESS —EGRESS
and belief that this drawing
AND LEGAL DESCRIPTION,
in accordance with the
Administrative Code.
EDUARDO M. SUAREZ, P.S.M.
Professional Surveyor and Mapper
State of Florida, Registration
1) This is not a Boundary Survey,
description shown hereon.
2) North arrow direction and
meridian of S79°11'28"E, along
"Matheson Estates", Plat
Miami —Dade County, Florida.
3) Not valid without the signature
Licensed Surveyor and Mapper.
reports by other than the
written consent of the signing
4) There may be additional restrictions
may be found in the Public
the ABSTRACT OF TITLE will
instruments, if any affecting
5) No title research has been
existing or arising out of
Parcel Descriptions, or any
described legal may be utilized
6) The intent of this description
EASEMENT.
SURVEYOR'S CERTIFICATE:
I hereby certify to the best of my knowledge
is a true and correct representation of the SKETCH
the real property described hereon.
I further certify that this survey was prepared
applicable provisions of Chapter 5J-17.05 Florida
Date: April 1, 2010
•
P(3)SM, L.L.C.
PROFESSIONAL SURVEYORS & MAPPERS
3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33166 PHONE:(305) 463-0912 FAX:(305) 463-0913
L.B. No. 7335
SKETCH AND LEGAL DESCRIPTION FOR A 6 FOOT WIDE INGRESS- EGRESS EASEMENT
DATE:
DRAWN BY
SCALE:
JOB No.
SHEET:
04-01-10
JP
N/A
1003-00023-002
2 of 4
EASEMENT LEGAL DESCRIPTION
EXHIBIT "A"
A PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 54 SOUTH, RANGE 42
EAST, ALL LYING AND BEING IN MIAMI—DADE COUNTY, FLORIDA, AS IT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT TI-IE NORTHWEST CORNER OF TRACT 5 OF "MATHESON ESTATES"
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 46 AT PAGE 86,
OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; SAID POINT ALSO
BEING THE BEGINNING OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF
2635.00 FEET; AND TO WHICH POINT A RADIAL LINE BEARS N82°03'17"W; THENCE
SOUTHWESTERLY 148.50 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
3°13'44" TO THE POINT OF BEGINNING OF A 6.00 FOOT WIDE INGRESS —EGRESS
EASEMENT, LYING 3.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE (SHORTENING OR EXTENDING THE SIDE LINES THEREOF, SO AS TO
CREATE A CONTINUOUS STRIP OF LAND); THENCE S88°15'26"E FOR A DISTANCE OF
40.29 FEET TO THE POINT OF TERMINATION.
P(3)SM, L.L.C.
PROFESSIONAL SURVEYORS & MAPPERS
3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33166 PHONE:(305) 463-0912 FAX:(305) 463-0913
L.B. No. 7335
SKETCH AND LEGAL DESCRIPTION FOR A 6 FOOT WIDE INGRESS- EGRESS EASEMENT
DATE:
DRAWN BY
SCALE:
JOB No.
SHEET:
04-01-10
JP
N/A
1003-00023-002
3 of 4
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
EXHIBIT "A"
()
I
I
LEGEND:
hi =DENOTES CENTERLINE
It =DENOTES PROPERTY LINE
P.B. =DENOTES PLAT BOOK
PG. =DENOTES PAGE
I
I
S0'kip
A PORTION OF TRACT _?
"MATHESON ESTA TES"
BEARS N82•03,1 rw (P.B. 46 - PG. 86)
POINT OF
COMMENCEMENT
NW CORNER OF
TRACT 5
"MA THESON ESTATES"
(P.B. 46 — PG 86)
40.29' _
cr
U
in
O
S7g•11.28"E
~NORTHERLY LINE or TRACT 5
A PORTION OF TRACT S
"MATHESON ESTATES"
(P.B. 46 - PG. 86)
YELLOW STRIPING
YELLRIPING
YELLOW RIPING
YELLO STRIPING
POINT OF
TERMINATION ASPHALT
S88'15'26"E
A PORTION OF TRACTS
"MATHESON ESTATES"
(P.B. 46 - PG. 86)
P(3)SM, L.L.C.
PROFESSIONAL SURVEYORS & MAPPERS
3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33166 PHONE:(305) 463-0912 FAX:(305) 463-0913
L.B. No. 7335
SKETCH AND LEGAL DESCRIPTION FOR A 6 FOOT WIDE INGRESS- EGRESS EASEMENT
DATE:
DRAWN BY
SCALE: .
JOB No.
SHEET:
04-01-10
JP
1"=30'
1003-00023-002
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