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Home My Public Portal About2005-23 Approving Easement for 580 Crandon Boulevard with Parkink, LLCRESOLUTION NO. 2005-23 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN EASEMENT AGREEMENT TO BE ENTERED INTO BETWEEN THE VILLAGE OF KEY BISCAYNE, FLORIDA AND PARKINK, LLC; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. SP -11 adopted by the Village of Key Biscayne, Florida, on June 22, 2004, the Village Council approved the site plan for a 7,750 square foot medical office for the property at 580 Crandon Boulevard, subject to the conditions contained in the Resolution; WHEREAS, one of the conditions to Resolution No. SP -11 is that the applicant enter into an agreement with the Village to permit access from Village Green Way to the rear of the subject property; WHEREAS, the Village Council finds that approval of the Easement Agreement between the Village and Parkink, LLC is in the best interest 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 Easement Agreement, in substantially the form attached hereto, between the Village and Parkink, LLC, is hereby approved, and the Village Manager is hereby authorized to execute the Agreement on behalf of the Village, once approved as to form and legal sufficiency by the Village Attorney._ Section 3. Implementation. That the Village Manager is hereby authorized to take any action which is necessary to implement the purposes of this resolution and the Agreement. Section 4. Effective Date. That this resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 14th day of June , 2005. 4,49(46AA LL MAYOR ROBERT OLDAKOWSKI AT NCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC PA, VILLAGE ATTORNEY F:\100\103001\Resolutions\Reso. Approving Easement for 580 Crandon Boulevard.doc 2 SHUTTS BOWEN LLP ATTORNEYS AND COUNSELLORS AT LAW MARIA A. GRALIA E-MAIL ADDRESS: (305) 347-7328 Direct Telephone mgralia@shutts-law.com June 22, 2005 VIA FEDERAL EXPRESS Conchita H. Alvarez, CMC Village Clerk Village of Key Biscayne 88 McIntyre Street Key Biscayne, Florida 33149 Re: Easement Agreement by and between the Village of Key Biscayne and Parkink, LLC Dear Ms. Alvarez: Enclosed please find the Easement Agreement by and between the Village of Key Biscayne and Parkink, LLC ("Agreement"), which was approved by the Village Council on June 14, 2005. The Agreement has been executed Parkink, LLC. Please have the Agreement executed by Jacqueline Menendez. Upon Ms. Menendez's execution, please return the fully executed original to my attention for recordation in the Public Records of Miami -Dade County. Please do not hesitate to contact me should you have any questions or comments. Sincerely, G ria A. Gralia MAG/aec Enclosure cc: Dr. Roger Khouri Elaine M. Cohen, Esq. MIADOCS 808540 1 1500 MIAMI CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131 • TELEPHONE (305) 358-6300 • FACSIMILE (305) 381-9982 • WEBSITE: www.shutts-law.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM LONDON This Instrument Prepared by: Maria A. Gralia, Esq. Shutts & Bowen LLP 201 South Biscayne Boulevard Miami, Florida 33131 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement") is made as of *048 2005 by and between the VILLAGE OF KEY BISCAYNE, a municipal corporatio ate of Florida (the "Village"), and PARKINK, LLC, a Florida limited liability company ("Parkink"). RECITALS A. The Village is the owner in fee simple of Village Green Way, a private roadway located in the Village of Key Biscayne's Civic Center. B. Parkink is the owner of that certain real property legally described on Exhibit "A" attached hereto and commonly known as and located at 580 Crandon Boulevard, Key Biscayne, Florida (the "Benefited Property"). C. On June 22, 2004, the Village approved the Site Plan for construction of a seven thousand seven hundred fifty (7,750) square foot office building on the Benefited Property conditioned upon the execution of an agreement to permit access to and from the Benefited Property from Village Green Way. D. Prior to the approval of the Site Plan, Village required that ingress and egress to the Benefited Property's surface parking lot be through Village Green Way, although the Benefited Property has access to a public right-of-way through Crandon Boulevard and West Enid Drive. E. The Village has agreed to grant a nonexclusive easement over, across and upon that portion of Village Green Way more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference (the "Roadway Easement Area") for the purpose of vehicular and pedestrian ingress and egress and access to and from the Benefited Property upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of Ten Dollars and No/100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the Village and Parkink agree as follows: AGREEMENTS 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if set out in full in the body of this Agreement. 2. Grant of Easements. The Village hereby grants to Parkink, for the benefit of the Benefited Property, all tenants, subtenants, sub -subtenants, and other occupants and users of the Benefited Property from time to time, and all of their respective employees and other agents, contractors, subcontractors, invitees and guests and all other persons coming onto the Benefited Property from time to time, and their respective successors and assigns a perpetual, non-exclusive easement over, across and upon the Roadway Easement Area for the purpose of vehicular and pedestrian ingress and egress and access to and from the Benefited Property. 1 3. Expense. The Village shall maintain the Roadway Easement Area and the Landscaping during the term of this Agreement. 4. Term. This Agreement and the easements, rights, obligations, and liabilities created herein shall become effective immediately upon the mutual execution and delivery thereof and shall remain in full force and effect unless and until this Agreement is terminated by a written instrument executed by the Village and Parkink or their respective heirs, successors or assigns. Upon termination of this Agreement, all rights and privileges derived from, and all duties and obligations created and imposed by the provisions of this Agreement, shall terminate and have no further force or effect; provided, however, that the termination of this Agreement shall not limit or affect any remedy at law or in equity that either party may have against any other parties with respect to any liability or obligation arising or to be performed under this Agreement prior to the date of such termination. 5. Notices. All notices, requests, demands, and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given when received if personally delivered; the day after it is sent, if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); five days after being sent, if sent by certified or registered mail for each party indicated below and addressed as follows: To Village: To Parkink: Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 Attn: Village Manager with a copy to: Stephen J. Helfman, Esq. Weiss Serota Helfman Pastoriza Guedes Cole & Boniske, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 c/o Roger K. Khouri 180 Crandon Boulevard, #114 Key Biscayne, Florida 33149 6. No Obstruction of Traffic. Parkink shall not cause or permit any obstruction to the free flow of traffic or use of the Roadway Easement Area or Village Green Way. 7. Insurance. 7.1 Liability Insurance. Throughout the term of this Agreement, Parkink shall maintain commercial general liability insurance for bodily injury, death, or property damage occasioned by any act or occurrence on or about the Roadway Easement Area arising out of or in connection with Parkink's exercise of its rights and privileges established in this Agreement, with minimum liability limits of $1,000,000.00 for bodily injury or death of any one person and $3,000,000.00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1,000,000.00 for damage to property resulting from any one incident. The Village shall be designated as an additional insured. 7.2 Copies of Policies to be delivered to the Village. Certified copies of the above -described insurance policies and all certificates of such policies shall be furnished to the Village effective as of the date of this Agreement. 7.3 Contents of Insurance Policies. The above insurance policies shall contain clauses or endorsements substantially in the following words: 2 1. "Notwithstanding any other provision in this policy, the insurance afforded under this policy to the Village as additional insured shall be primary as to any other insurance or reinsurance covering the Village, and such other insurance or reinsurance shall not be required to contribute to any liability until the appropriate limit of liability afforded under this policy has been exhausted." 2. "This policy may not be canceled or materially changed until thirty (30) days after receipt by the Village of a written notice of cancellation or change in coverage, as evidenced by receipt of a certified letter." 8. Headings. The captions and headings contained in this Agreement are for convenience of reference only and shall not affect the construction of interpretation of this Agreement. 9. Covenants Running with the Land. This Agreement, and the rights, obligations and interests created herein, shall run with the land and shall be binding upon and inuring to the benefit of the parties hereto and their respective successors and assigns. 10. Release. Parkink releases the Village, its council members, staff, representatives, officers, members, employees, agents and independent contractors from any and all claims, actions, causes of action, suits, damages, and demands whatsoever which Parkink shall or may have against the Village in connection with any personal injury or property damage (including, but not limited to, property damage to Parkink's improvements on the Benefited Property) arising or occurring in connection with the easement granted herein, this Agreement or the exercise of Parkink's rights hereunder. 11. Amendments. No amendment of any provision of this Agreement shall in any event be effective unless it is in writing and signed by party against whom enforcement is sought. 12. Severability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision beyond such extent or in any other jurisdiction. It is the intention of the parties to this Agreement that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, the provision shall have the meaning which renders it valid. 13. Attorneys' Fees. In the event of any litigation or arbitration between the parties, all expenses, including reasonable attorneys' fees and court costs at both the trial and appellate levels, incurred by the prevailing party, shall be paid by the non -prevailing party. The term "attorneys' fees" shall be deemed to include, without limitation, any paraprofessional fees, investigative fees, administrative costs and other charges billed by the attorney to the prevailing party (including any fees and costs associated with collecting such amounts). The provisions of this Agreement shall survive the expiration or termination of this Agreement. 14. Construction. Both parties substantially contributed to the preparation and negotiation of this Agreement. Accordingly, this Agreement shall not be construed against the party responsible for preparing it, 15. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, without application of its conflict of law principles. 16. Entire Agreement. This Agreement embodies and constitutes the entire understanding between the Village and Parkink concerning the easement rights granted to Parkink herein and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, with respect thereto are merged therein. 3 17. Counterparts. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any party hereto may execute this Agreement by signing any such counterpart. 4 IN WITNESS WHEREOF, the Village and Parkink have executed this Easement Agreement as of the date set forth above. Signed, sealed and delivered In the presence of: V� Print Name: Rnatui' V, Print N . me: Attes illage Clerk • Approved as to legal f r - and sufficiency: B Name: Village Ike D PMerj\-- Name: tA'^'"SL, aVai 116 VILLAGE OF KEY BISCAYNE, a Florida municipal corporation B Jac eline Menende age Manager PARKINK, LLC, a Florida limited liability company By: ROG K KHOURI, Membr 5 STATE OF FLORIDA ) ) SS. COUNTY OF MIAMI-DADE ) The foregoing Agreement was acknowledged before me this4Oday of �---2005 by Jacqueline Menendez, as Village Manager of the Village of Key Biscayne a Florida municipal corporation, on behalf of the municipal corporation. Personally Known X or Produced Identification Type of Identification Produced Signat Name: [Print or type] Title: Notary Public Serial No., if any: My commission e4 iviatAie 'rte _ CONCHITA H. ALVAREZ a �1 EXPIRES: November 14, 2008 Bona a ) nru Notary PublIclintienynters STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this r -A. day of Z-0 -(Ne , 2005, by Roger K. Khouri, Member of PARKINK, LLC, a Florida limited liability company, on behalf of the limited liability company. Personally Known or Produced Identification Type of Identification Produced Signature: Name: [Print or type] Title: Notary Public 4);.•.•w.,. ANA I. SANTOS -+P `'t. NOTARY PUBLIC - STATE OF FLORIDA Serial No., if any: : �+f • My commission expi '!•/ ..:�o r. ,ccul F:\100\103001\Easement\Easement Agmt v4.DOC COMMISSION # DD287304 EXPIRES 03/20/2008 BONDED THRU 1-888-NOTARY1 EXHIBIT "A" Legal Description of Benefited Property owned by Parkink The East 179 feet of Tract A, of BISCAYNE KEY ESTATES, according to the Plat thereof, as recorded in Plat Book 50 at Page 61, of the Public Records of Miami -Dade County, Florida. EXHIBIT "B" Legal Description of Roadway Easement Area located within Village Green Way 885.44'15"E 29-58' SKETCH AND LEGAL DESCRIPTION FOR INGRESS AND EGRESS EASEMENT SCALE : 1" = 30' 38.40' ei tID L = 13.12' R = 28.88' L 13.92' A = 25'11'49" R = 29.58' A = 26'57'34" 0 0 Si 12.25' to PROPERTY UNE 178.00' THE EAST 179 FEET OF TRACT "A" (50-61) P.O.0 SW CORNER OF THE EAST 179.00' OF TRACT "A" BISCAYNE KEY ESTATES PB. 50 PG. 61 PROPERTY UNE 164.00' 34.99' 7.82 P.0.9 LEGAL DESCRIPTION: 0 0 iri or L W. ENID DRIVE / i ---.— NORTH RIGHT OF WAY W. ENID DRIVE 60.00' WEST RICHT OF WAY OF CRANDON BOULEVARD z 0 o A PORTION OF LAND LYING IN THE TRACT "A" BISCAYNE KEY ESTATES ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 50, PAGE 61 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SW CORNER OF THE EAST 179 FEET OF TRACT "A"; THENCE RUN WEST ALONG THE NORTH RIGHT OF WAY LINE OF W. ENID DRIVE FOR 7.82 FEET TO THE POINT OF BEGINNING, THIS POINT IS ALSO IN A CIRCULAR CURVE CONCAVE TO THE NORTH EAST, HAVING AT THIS POINT A RADIAL LINE BEARS N55'00'24"E; THENCE RUN NORTHWESTERLY NORTH ALONG THE ARC OF SAID CIRCULAR CURVE, HAVING ITS ELEMENTS A RADIUS OF 26.86 FEET, THOUGHT A CENTRAL ANGLE OF 28'11'49", FOR AN ARC DISTANCE OF 13.12 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH PARALLEL TO THE WEST RIGHT OF WAY OF CRANDON BOULEVARD A DISTANCE 42.87 FEET; THENCE RUN EAST PARALLEL TO THE NORTH RIGHT OF WAY LINE OF W. ENID DRIVE A DISTANCE 12.25 TO A POINT IN THE WEST PROPERTY LINE OF THE EAST 179 FEET OF SAID TRACT "A"; THENCE RUN NORTH ALONG OF THE WEST LINE OF THE EAST 179 FEET OF SAID TRACT "A" A DISTANCE 22 FEET; THENCE RUN WEST PARALLEL TO THE NORTH RIGHT OF WAY LINE OF W. ENID DRIVE A DISTANCE 38.40 FEET; THENCE RUN SOUTH PARALLEL TO THE WEST RIGHT OF WAY LINE OF CRANDON BOULEVARD A DISTANCE 63.68 FEET TO A TANGENT POINT OF CIRCULAR CURVE CONCAVE TO NORTHWEST; THENCE RUN SOUTH, SOUTIIWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE, HAVING ITS ELEMENTS A RADIUS OF 29.58 FEET, TbtTGHT A CENTRAL ANGLE OF 26'57'34", FOR AN ARC DISTANCE OF 13.92' FEET TO A POINT IN THE NORTH RIGHT LINE OF WAY OF W. ENID DRIVE; THENCE RUN EAST ALONG TO THE NORTH RIGHT OF WAY OF W. ENID DRIVE A DISTANCE 34.99 FEET TO A POINT OF BEGINNING. CONTAINED 0.05 ACRE, 2,324 SQ. FT. MORE OR LESS FOR: ROGER K. KHOURI ORDER No.: 0212-154 DATE 05/04/`!005 DRAWN BY: I,G. -Irm,nart. VKNEQ - PBOFESSIONAL SURVEYOR AND YAPPER No.2106 ST= OF FLORIDA NOT VALID UNLESS SIGNED & EMBOSSED SEAL P.O.C. POINT OF COMMENCE P.O.B. POINT OF BEGINNING P.O.T. POINT OF TERMINATION CARIBBEAN LAND SURVEYORS, INC. 11885 SW 28th ST. BLDG. I, SUITE 13, MIAMI, FL 33175 TELEPHONE: (305) 227-8967 FAX (305) 227-7142 E-MAIL: CARIBBEANSURVEY•AOL.COM