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Home My Public Portal AboutReso 99-2 Authorizing Easement Agreement with BellSouthu C 1 Jo I Ras May G go y C H V e May S a Bass M th Fdez L B oucek Al nHF n M tme Fid Rob r Old ko ski D 1 J d Ku I n h k AICP Dear Mr Milano Department of Building Zoning and Planning TO Mr Nicholas G Milano Esq Law Offices of Holland & Knight LLP One East Broward Boulevard P 0 Box 14070 (ZIP 33302 4070) Fort Lauderdale Florida 33301 RE BellSouth Easement Landscape Plan 89 West Wood Drive Key Biscayne, FIorida 33139 October 20 1999 Attached is a copy of the landscape plan for the easement area at the western perimeter of the BellSouth property along Femwood Road as approved by the Council of the Village of Key Biscayne. Installation will be provided by Gorgeous Lawns of Miami and shall be completed prior to the end of the year Please do not hesitate to contact this office if you should have any questions Sincerely William Fehr AICP Village Plan Reviewer encl cc Mr D Hollingsworth Grantor Ms Wendy Bonner BellSouth Real Estate and Construction Department C Samuel Kissinger 'Village Manager Concluta Alvarez Village Clerk C \My Documents\LETTERS \bellsouthlandsc notif wpd 85 West McIntyre Street Key Biscayne Florida 33149 (305) 365 5511 Fax (305) 365 5556 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT PLANT LIST 8517' 78 ,tI‘ir ualar4c ,*.a ,,I,r.-f "to 3x 12?.g 'EYV 10 20 3o VtOf QTY SYMBOL 6OTANICAL NAME COMMON NAME SPECIFICATIONS 19 AC A ch I phyll a c d 10 12 h Ight (Id g wn 78 CR C m C mLlly 7g II of 36 JM J t ph m Itfd C r IPI 1 10g II to 1 30 c 85 RC R Ifla aol s8 WIdPl a 1gallon c t I e 24 oc Not tad cap 1 mo sod dp vd 3 lay r f sh odd d Cyp a mulct d rep I stng Iga1 th oughout the 500 sq ft p1 nt d a I o spun blef rr m v I f ne Chi e e F Palm All plant mat I t be Q ade 1 Fl r da F noy Pert la d by he I dscap r nd gee a 1 ed f r o ye from d t of planting Ha d teat' e Landscaper to pply nd Install 180 sq ft p vers per p1 n (coordin t with Key Biscayn Pub! Works C do for paver pets) and 1 Install th Key 6 stay P rk 1 d d be ch upplled by the V llag ca,...1P1 19 AG G'XISS 1 -lilacs i, AN." fld. - 60u -'1-I I Y �� 5MN-r LANDl4Af fl.A44 yr I�b��,rau ,kroNtuei -4 li Z ShalZHS INjj1ONIA '3 t»19 RESOLUTION NO 99-2 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ME ATTACHED EASEMENT AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS, PROVIDING FOR AN EFFECTIVE DATE WHEREAS Resolution Z-15 98 was passed and adopted on May 26 1998 allowing three unmanned cellular communication antennas on the existing guyed pole tower facility and to build a new 425 -square -foot prefabncated equipment building on the subject property NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the Village Manager is hereby authorized to execute the attached agreement on behalf of the Village with BellSouth Telecommunications for an easement agreement as per attachment Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 12th day of Jan . 1999 VILLAGE CLERK APPROVE�O( GAL SUFFICIENCY RICHARD J WEISS VILLAGE ATTORNEY Law Offices HOLLAND & KNIGHT LLP Atlanta Northern Virginia Boca Raton Orlando One East Broward Boulevard Jacksonville San Francisco P 0 Box 14070 (ZIP 33302 4070) Lakeland St Petersburg Fort Lauderdale Ronda 33301 Melbourne Tallahassee 954 525 1000 Mexico City Tampa FAX 954 463 2030 Miami Washington D C http //www hklaw com New York West Palm Beach December 1, 1998 VIA FEDERAL EXPRESS Mr Sam Kissenger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne FL 33149 Re Easement Agreement by and between BellSouth Telecommunications Inc and the Village of Key Biscayne Dear Mr Kissenger Please find enclosed three Easement Agreements executed by BellSouth Telecommunications Inc for the above referenced matter At the request of your counsel, Gil Pastonza I am forwarding this letter with the Easement Agreements directly to you Please have this item put on the agenda of the next Village Council meeting for approval After approval and execution by the Village of the Easement Agreements, please return two fully executed originals to me Thank you for your attention to this matter Very truly yours HOLLAND & KNIGHT LLP By Enclosures cc Ms Nika Niksirat (w/encl ) Gil Pastoriza Esq (w/encl ) Joel Gustafson, Esq (w/encl ) FTL1 324983 OLAS G MILANO EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ( the Agreement) is made this day of , 1998 by and between BELLSOUTH TELECOMMUNICATIONS INC a Georgia corporation whose address is 301 W Bay Street Jacksonville FL 32202 ( Grantor) and VILLAGE OF KEY BISCAYNE a municipal corporation of the State of Florida whose address is 85 W McIntyre Street Key Biscayne FL 33149 ( Grantee ) RECITALS A Grantor is the fee simple owner of that certain parcel of real property located m Miami Dade County Florida and legally described in Exhibit A attached hereto and made a part hereof ( the Grantor s Parcel ) B Grantor desires to grant to Grantee a passive park easement over across and through the Grantor s Parcel for the purposes of constructing, installing, repairing and maintaining a passive park A passive park is defined as a park with landscaping possible walkways and various park benches Grantee is agreeable to accepting such easement AGREEMENT NOW, THEREFORE in consideration of the grants and the mutual covenants and agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor and Grantee the Grantor and Grantee agree as follows 1 Recitals The foregoing recitals are true and accurate and are incorporated herein by this reference 2 Grant of Easement to Grantee Grantor hereby grants and conveys to Grantee a Non Exclusive Easement ( Easement ) over, across and through the Grantor Parcel for the purpose of constructing installing, repairing and maintaining a passive park which may include paving curbing drainage, walkways landscaping and park benches Grantor acknowledges and agrees that the rights granted hereunder to Grantee may be exercised by Grantee's agents, contractors and subcontractors in accordance with the terms of this Agreement Grantee agrees to make the improvements for the passive park within one year of the granting of the conveyance thereof and if the improvements are not fully completed within three years, then this grant of easement is cancelled and all rights in the Easement revert back to Grantor 3 Termination Grantor and Grantee for themselves and for the respective successors and assigns acknowledge that the Easement created hereby shall continue in full force and effect until such time as Grantee no longer uses the Easement for 1 passive park purposes The determination that the Easement is no longer being utilized for passive park purposes shall be made by mutual agreement of the parties At such time as the determination is made that the Easement is no longer being used by the Grantee for passive park purposes then this easement shall automatically terminate and the Grantor may record a Notice of Termination of Easement in the Public Records of Miami Dade County, Florida 4 Grantor s Reservation of Rights Grantor hereby reserves access rights over, across and through the Grantor s Parcel for the purpose of maintaining its guide tower supports and the maintenance and repair of the existing masonry wall adjacent to the Grantor s Parcel 5 Insurance Grantee will maintain insurance on the Grantor's Parcel in the amounts and with the coverages set forth below as follows Comprehensive General Liability Insurance said insurance to be maintained in not less than $1,000 000 per person and $2,000 000 per accident Grantor shall be named as an additional insured Grantee shall furnish to Grantor a certificate of insurance as evidence thereof upon execution of this Agreement and thereafter at least 30 days prior to the expiration of the policy All insurance policies are required to be procured by the Grantee are to be written by insurance companies licensed to do business in the State of Florida, and such insurance companies shall have a rating of A Class IX or better by Best Insurance Key Rating Guide published by A M Best Company and a Standard and Poor s Rating group (claims paying ability) rating of BBB or better and shall bear endorsements to the effect that the Grantor shall be notified not less than ten days in advance of modification or cancellation thereof Each policy required to be procured by the Grantor shall state that it is primary and non contributory with any insurance policy procured by the Grantor Renewal certificates evidenced in the insurance coverage required hereunder shall be provided at least ten days prior to the expiration of any policy 6 Indemnification To the extent permitted by law and without waiving any statutory liability limitations, Grantee shall indemnify and hold Grantor BellSouth Mobility and BellSouth Telecommunications, and any of these companies affiliates their officers directors, tenants, agents contractors, employees, or licensees harmless (Indemmtees ) (except for loss or damages resulting from the tortious acts of Indemmtees) from and against any damages, liability actions, claims and expenses including attorney's fees in connection with the loss of hfe, personal injury and/or damage to property arising or out of any occurrence in or upon such Grantor's Parcel or occasion wholly or in part by any act or omission of Grantee its officers directors tenants agents contractors employees or licensees 7 Notices Any and all notices or other communications required or permitted to be given hereunder shall be in writing and shall be deemed to be valuable 2 given or made upon receipt, provide notices sent by certified or registered mail (return receipt requested, postage pre paid) or by overnight courier service which delivers only upon signed receipt of the addressee and addressed as follows To Grantor Mr D Hollingsworth 301 W Bay Street Jacksonville, FL 32202 With a copy to BellSouth Telecommunications Legal Department 150 West Flagler Drive Suite 1910 Miami, FL 33130 To Grantee Village of Key Biscayne / Attn S Kissinger 85 West McIntyre St Key Biscayne, FL 33149 With a copy to Richard Weiss, Esq 2665 S Bayshore Dr Suite 420 Miami, FL 33133 Either party may from time to time change the address to which such notices or communications may be delivered or sent by giving the other party written notice of such change Except as otherwise provided, notices and other communications shall be deemed received on the date of dehvery, unless delivery is refused or cannot be made in which event the date of attempted delivery shall be the date of notice 8 Time is of the Essence Time is of the essence of this Agreement 9 Governing Law This Agreement shall be governed by, and construed and enforced m accordance with the laws of the State of Florida. 10 Venue In any dispute arising out of the terms or conditions of this Agreement, venue shall be deemed to be proper in Miami Dade County, Florida 3 11 Attorneys' Fees If it shall be necessary for either party to this Agreement to bring suit to construe interpret or enforce any provisions of this Agreement or for damages on account of any breach of this Agreement the prevailing party shall be entitled to recover from the losing party in addition to any damages or other relief granted as a result of such litigation all reasonable attorneys' fees and reasonable court costs at all levels of litigation 12 Miscellaneous a This Easement during its lifetime shall be and constitute a covenant running with the land b Grantee acknowledges that Grantor is granting this Easement to assist in Grantee s beautification and enhancement efforts in the area Grantee agrees to make an appropriate public acknowledgment of Grantor s contribution toward those ends c In the event Grantee fails to perform any obligations specified in this Agreement then Grantor may after continuance of any such default for thirty days after written notice or in the event of an emergency reasonable notice under the circumstances Grantor may cure such defaults all on behalf of and at the expense of Grantee and perform all necessary work and make all necessary payments in connection therewith Grantee shall reimburse the Grantor for the reasonable amount so paid by the Grantor together with interest thereon at the rate of twelve percent (12%) per annum or (or the highest rate permitted by law, whichever is lower) from the date of payment by the Grantor until repayment by the Grantee d No barrier s, curbing, hedging, walls, structures or other improvements shall be erected or constructed by Grantee which will close off block or unreasonably obstruct Grantor s access for maintenance of its guide tower supports and the maintenance and repair of the existing masonry wall as referenced in Paragraph 4 herein e It is acknowledged that the Grantor is retaining the fee title rights to the easement parcel and the Grantee agrees in its governmental capacity that the set back and related zoning regulations shall be measured from the fee title property line and not the eastern easement parcel line 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below GRANTOR WITNESSES BELLSOUTH TELECOMMUNICATIONS, INC _ sign �,,,.� ,�„�.-.� �JI` sign print ate_ ride'. /EEu-3 n$ print R M Webber s1gn s ✓fig y4 Al -IL title Director /Property & Services Management print c.-10:,�7 ,j /c1Y.�1 e (rte date ,6j — '�,q 1998 GEORGIA STATE OF IgoalitiRrA ss COUNTY OF FULTON The foregoing instrument was , 1998, by pe )? of corporation as identification and did/did not take an oath y acknowledged before me this 32/- day of as4jtget . ( i f4 4l# corporation, on behalf of dile He/she is personally known to me or produced of 5 NOTARY PUBLIC sign 76W,A,,.._ t , 42 print (,jig GU State of Florida at La (Seal) My Commission Expires Newry Pudic, awtrme Cowry! Gsolm. 14 Conneedon Expires October 9 2000. GRANTEE ATTEST adamte onchita H Alvarez Village Clerk STATE OF FLORIDA ss COUNTY OF VILLAGE OF KEY BISCAYNE By kiE Samuel Kissinger 'Village Manager ay of APPROV By Village Attorne 1999 I HEREBY CERTIFY that on this day before me an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments the foregoing instrument was acknowledged before me by Samuel Kissinger Village Manager and Conchita H Alvarez Village Clerk respectively of the VILLAGE OF KEY BISCAYNE a municipal corporation freely and voluntarily under authority duly vested in them by said municipal corporation on behalf of said municipal corporation and that the seal affixed thereto is the true corporate seal of said corporation They are personally known to me or who has produced as identification and who DID/DID NOT take an oath WIT %) day of FTL1 301940 3 y hand and official seal in the County and State last aforesaid this 1999 NOT PUBLIC sign 6 print'Oak-A-) fit il State of Florida at Large (Seal) My Commission Expires Carolyn P Grans MY COMMISSION a CC487847 EXPIRES a ' 4 October 14 1999 BONDED TIM TROY FMNIIpUSNNfE IXF BELL SOUTH MOBILITY FHKB CELL SITE P LEGAL DESCRIPTION of LANDSCAPE EASEMENT A portion of Tr -let B BTSCAYNE KEY ESTATES Plat Book 50 at Page 61 of the Public Records of Dade County I londa mote particularly described is follows COMMENCE at a Permanent Reference Monument (P R M ) at the point ot curvature on the EtsteiIv Side of Tract B near its Southeast Corner thence run Southwirdly 29 )9 teet along the Easterly Boundary of Tract B said boundary being the arc ot a curve to the left having a radius ot 1206 28 feet a central angle of 1023 46 to a point ot reverse curvature of a curve to the right thence run Southwestwardly 39 88 feet along the Southeasterly Boundary of Tract B said boundary being the arc ot a curve to the right having a radius of 25 00 feet a central angle of 9102)46 to point of tangency on the South Boundiry of Tract B thence run on an assumed bearino WEST along the South Boundary of Tract B tangent with the list mentioned curve 1 distance of 335 08 teet to the POINT OF BEGINNING ot the Easement heieinatter to be described thence continue WEST along the South Boundary of Tract B a distance of 15 00 feet to a point ot curvature of a curve to the right thence run Northwestwardly 38 80 feet along the Southwesterly Boundary ot Tract B said boundary being the arc of a curve to the right having a radius of 25 00 teet a central angle of 8805447 to a point of compound curvature of a curve to the right thence Northwardly )0 47 teet along the Westerly Boundary of Tract B said boundary ben, the arc of a curve to the n0ht havin, a radius of 1606 28 feet a central angle ot 1005 1 to i point of t'tngency on the West I ine of Tract B thence run NORTH alon0 the West Boundary of Tract B a distance of 145 00 feet to t point on t LInL puallcl with and 200 00 feet North of the South Boundary of Tract B thence run EAST along a Line parallel with ind 200 00 feet North of the South Boundiry of Tract B for a distinue of 20 00 feu thence run South parallel with said Westerly Boundary ot Tract B tor a distance of 185 00 feet thence run E ist p nallel with the said South Boundary of Tract B for a distance of 20 28 feet thence run South tor a distance of 1> 00 teet to the POINT OF BEGINNING NOTE 1 )See Boundary Survey under File No 8 1467 Dated 6-4-1998 by this FIRM for a detailed Sketch of the Legal Description descnbed hereon THIS LEGAL DESCRIPTIO 9Y EPARED UNDER MY SUPERVISION EITER PEREZ & ASSOCIATES INC DATE Col 4e, STANLEY T OLESIl WICZ VICE PR s NT REGISTERED PROFESSIONAL SURVEYOR & MAPPER NO 1633 STATE OF FLORIDA AN Exhibit 'A .._ Page 1 of 2 fhkbl Ian Z do Z a6ed Mr Nicholas G Milano Esq Law offices of Holland & Kmght LLP One East Broward Boulevard P 0 Box 14070 (ZIP 33302 4070) Fort Lauderdale Flonda 33301 Mr D Hollingsworth 301 W Bay Street Jacksonville Flonda 32202 Mr RM Webber Director Property & Services Management 1100 Peachtree Street Northeast Suite 1100 Atlanta, Georgia 30309 Ms Wendy Bonner Engmeenng Director Bell South Mobility 520 Congress Avenue 2nd Floor Boca Raton Flonda 33487