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Home My Public Portal AboutRecorded Resolution with Miami-Dade County1 111111 11111 11111 ACCESS AGREEMENT CFN 2010R0637908 OR Bk 27427 F`gs '. - 640; ('Pgs RECORDED 08/20/2010 15:3►_0p0u0 HARVEY RUVINr C:LE`K. OF COURT MIAMI--DADE (:OUNT' r FLORIDA THIS ACCESS AGREEMENT (the "Agreement") is made this Aay 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, atek• 11\06 Gt) 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 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 Approved as to Form and Legal Sufficiency: °:;e7 ?(?/tetsZ/- Village Attorney 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 nicipal corporation Florida corporation By Genaro "Chip" Iglesias, Date Execut - d rI By: Name: Title: '1 tik Date Executed: j VI •• ;! 00.-- g�tt' onchita Alvarez, Village Clerk �;'` : oi..; iiiti(CD if Offiff.si :, gki. , , Iw:7 Al „ , Page 4 of 6 x:11 -t .q=, LOCATION MAP A PORTION OF SECTION 32, TOWNSHIP 54 SOUTH, RANGE 42 EAST VILLAGE OF KEY BISCAYNE, MIAMI-DADE COUNTY, FLORIDA 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: I 04-01-10 JP N/A 1003-00023-002 1 of 4 SURVEYOR'S NOTES AND CERTIFICATE SURVEYOR'S NOTES: 1) This is not a Boundary Survey, but only a GRAPHIC DEPICTION of the description shown hereon. 2) North arrow direction and bearing shown hereon are based on an assumed meridian of S79°11'28"E, along the northerly boundary line of Tract 5 of "Matheson Estates", Plat Book 46 at Page 86 of the public records of Miami —Dade County, Florida. 3) Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. 4) There may be additional restrictions not shown on this Sketch & Legal that may be found in the Public Records of this County. Examination of the ABSTRACT OF TITLE will have to be made to determine recorded instruments, if any affecting this property. 5) No title research has been performed to determine if there are any conflict existing or arising out of the creation of the easements, Right —of —Ways, Parcel Descriptions, or any other type of encumbrances that the herein described legal may be utilized for. 6) The intent of this description is to encompass a 6 foot wide INGRESS —EGRESS EASEMENT. SURVEYOR'S CERTIFICATE: hereby certify to the best of my knowledge and belief that this drawing is a true and correct representation of the SKETCH AND LEGAL DESCRIPTION, of the real property described hereon. further certify that this survey was prepared in accordance with the applicable provisions of Chapter 5J-17.05 Florida Administrative Code. Date: April 1, 2010 EDUARDO M. SUAREZ, P.S.M. Professional Surveyor and Mapper State of Florida, Registration No. 6313 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 SKETCH AND LEGAL DESCRIPTION FOR A 6 FOOT WIDE INGRESS- EGRESS EASEMENT L . No. 7335 DATE: DRAWN BY SCALE: JOB No. SHEET: 04-01-10 JP N/A 1003-00023-002 2 of 4 I A EAST, PARTICULARLY COMMENCING ACCORDING OF BEING 2635.00 SOUTHWESTERLY 3°13'44" EASEMENT, CENTERLINE CREATE 40.29 EASEMENT LEGAL DESCRIPTION EXHIBIT "A" PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 54 SOUTH, RANGE 42 ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA, AS IT IS MORE DESCRIBED AS FOLLOWS; AT THE NORTHWEST CORNER OF TRACT 5 OF "MATHESON ESTATES" TO THE PLAT THEREOF AS RECORDED IN PLAT B001< 46 AT PAGE 86, TI-IE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; SAID POINT ALSO THE BEGINNING OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF FEET; AND TO WHICH POINT A RADIAL LINE BEARS N82°03'17"W; THENCE 14-8.50 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF TO THE POINT OF BEGINNING OF A 6.00 FOOT WIDE INGRESS -EGRESS LYING 3.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED (SHORTENING OR EXTENDING THE SIDE LINES THEREOF, SO AS TO A CONTINUOUS STRIP OF LAND); THENCE S88°15'26"E FOR A DISTANCE OF FEET TO THE POINT OF TERMINATION. P(3)SM, L.L.C. PROFESSIONAL SURVEYORS 3900 NW 79 AVENUE, SUITE 235 DORAL, FLORIDA 33166 I L.B. No. 7335 & MAPPERS PHONE:(305) 463-0912 FAX:(305) 463-0913 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" t LEGEND: 4. R P.B. PC. =DENOTES =DENOTES =DENOTES =DENOTES 1 i 1 1 1 CENTERLINE PROPERTY LINE PLAT BOOK PAGE 1 1 1 0 0 SO' RJW A PORTION OF TRACT 3 'MA T HESON ESTATES" BEARS N82 '03'17": (P.B. 46 - PG. 86) POINT OF COMMENCEMENT NW CORNER OF TRACT 5 "MATHESON ESTATES" (P.B. 46 - PG. 86) GRASS S88'I5'26"E 40.29' U O S79'11 '28'E NORTHERLY LINE or TRACT A PORTION OF TRACT "MATHESON ESTATES" (P.B. 46 - PG. 86) YELLOyy STRIPING YELLOW YELLOW SO TRIPING YEL W 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 SKETCH AND LEGAL DESCRIPTION FOR A 6 FOOT WIDE INGRESS- EGRESS EASEMENT L.B. No. 7335 DATE: DRAWN BY SCALE: . JOB No. SHEET: 04-01-10 JP 1"=30' 1003-00023-002 4 of 4 L „DO ist Cot F',_,wei_ EH!St Tree + 0' 1 1- 10'- ---- b ,q- fo'\ ( �O bc � 2 <51 25.00' i Concrete vers Elevation 4.9 (+/—) 1, i l f1 1 1 1 1 1 I 1 M 11 4 0' Hp CU J Sidewalk > 10.4' 2-3/8" Conc. Unit Pavers on 6" Limerock (LBR 40) 3- Elevation �- and Stabilized Subgrade 5.0(+/—)a_ ram 1 —Remove 8 ft Wide Section of Exist CBS Wall. Construct 12" Reinforced Concrete Tie Columns on both sides of Opening (Tie into Existing /� /\ Footing and T��Beam) + +ca • c 43, 2: 1 Max Side ±Slope 40.2' Hp 'KISt H0 C Exist 5' HO +co• Mliir a M.._ MI. ELI_ Oti- T( ,, EkIST;��JC; 1 PLL OW STRIPING G + + r � Ekl`' - �TIN(1; 1 ELLOW STRIPING 4) Coco cod co' co. + Elevation 6.8 (+/—) L Fill CIS Needed AS TE =MALT O<o`b f^. off U 1 d R e,-, VIPC) co 3E\C— Mi ELEVATIC b°` SET NAIL L <0 H WALL Crushed Shell Path A ALT 2" Layer of Crushed Shell 4" Limerock Bose (LBR 40) on Stabilized Subgrade SEC1 4n) SECTION B -B n T rnn,- 1-h nd r Rnnrl