HomeMy Public PortalAbout1999-02 Authorizing the easement agreement with Bellsouth Telecommunications(
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RESOLUTION NO. 99-2
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE THE 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 prefabricated 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 Janu. 1999.
R JOE I. RASCO
CHITA H. ALVAREZ, CMC
VILLAGE CLERK
APPROVE FORM AND EGAL SUFF CIENCY:
RICHARD J. WEISS, VILLAGE ATTORNEY
Law Offices
I
2: . HOLLAND & KNIGHT LLP Atlanta Northern Virginia
Boca Raton Orlando
One East Broward Boulevard Jacksonville San Francisco
P.O. Box 14070 (ZIP 33302-4070) Lakeland St. Petersburg
Fort Lauderdale, Florida 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 Pastoriza, 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 & KNIG T LLP
Enclosures
cc: Ms. Nika Niksirat (w/encl.)
Gil Pastoriza, Esq. (w/encl.)
Joel Gustafson, Esq. (w/encl.)
FTL 1-324983
By:
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 in 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
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
("Indemnitees") (except for loss or damages resulting from the tortious acts of
Indemnitees) from and against any damages, liability actions, claims, and expenses,
including attorney's fees in connection with the loss of life, 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 delivery, 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 in 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.
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the dates set forth below.
GRANTOR
WITNESSES: BELLSOUTH TELECOMMUNICATIONS, INC.
sign
print -f e ()A va 7) 5
sign'
print R. M. Webber
title Director, Property & Services Management
print C 46; date
GEORGIA
STATE OF YAMADA
ss.:
COUNTY OF FULTON
The foregoing instrument was
1998, by 1e. . ide, . ,- , as ,, -/�!
of e/1 D�,�� e �a �.►�,►,,�..�►��. .�.. a - _ , corporation, on b alf of e
corporation. He/she is personally known to me or produced
as identification and did/did not take an oath.
"" , 1998
acknowledged before me this 32/.. day of
NOTARY PUBLIC:
sign .Z J 70
print tl,«mv W.
State of Florida at Lam (Seal)
My Commission Expires:
Notary Public, o kinnett Count% GeorgM,
My Commission Expires October 9, 2000.
5
GRANTEE
ATTEST :
44Zs iets-
nchita H. Alvarez
Village Clerk
(Seal)
STATE OF FLORIDA
)
)
COUNTY OF )
ss.:
VILLAGE OF KEY BISCAYNE
By
Samuel Kissinger Village Manager
, ay of
WY./
APPROV O FO
_., Ty__,„
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.
1�,..._ WIT
day of � , 199 '
FTL1-301940.3
6
y hand and official seal in the County and State last aforesaid this
,Lz.,
print .c) /6_ Ceeaue_s
State of Florida at Large (Seal)
My Commission Expires:
btLL SOUTH MOBILITY FHKB CELL SITE
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LEGAL DESCRIPTION of LANDSCAPE EASEMENT:
A portion of Tract "B", "BISCAYNE KEY ESTATES", Plat Book 50, at Page 61, of the Public Records of
Dade County, Florida, more particularly described as follows COMMENCE at a Permanent Reference
Monument (P.R M.) at the point of curvature on the Easterly Side of Tract "B", near its Southeast Corner,
thence run Southwardly 29.39 feet along the Easterly Boundary of Tract "B", said boundary being the arc of
a curve to the left, having a radius of 1206.28 feet, a central angle of 1°23' 46" to a point of 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 of a curve to the right, having a radius of 25.00 feet, a central angle of
91023'46" to a point of tangency on the South Boundary of Tract "B", thence run on an assumed bearing
WEST along the South Boundary of Tract "B", tangent with the last mentioned curve a distance of 335.08
feet to the POINT OF BEGINNING of the Easement hereinafter to be described; thence continue WEST
along the South Boundary of Tract "B" a distance of 15.00 feet to a point of curvature of a curve to the right;
thence run Northwestwardly 38 80 feet along the Southwesterly Boundary of Tract "B", said boundary being
the arc of a curve to the right, having a radius of 25.00 feet, a central angle of 88°54'47" to a point of
compound curvature of a curve to the right; thence Northwardly 30 47 feet along the Westerly Boundary of
Tract "B", said boundary being the arc of a curve to the right, having a radius of 1606 28 feet, a central angle
of 1005'13" to a point of tangency on the West line of Tract "B", thence run NORTH along the West
Boundary of Tract "B", a distance of 145.00 feet to a point on a Line parallel with and 200 00 feet North of
the South Boundary of Tract "B"; thence run EAST along a Line parallel with and 200 00 feet North of the
South Boundary of Tract "B" for a distance of 20.00 feet, thence run South, parallel with said Westerly
Boundary of Tract "B" for a distance of 185 00 feet; thence run East, parallel with the said South Boundary
of Tract "B" for a distance of 20.28 feet; thence run South for a distance of 15 00 feet 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 described hereon.
THIS LEGAL DESCRIPTIO
BY:
EPARED UNDER MY SUPERVISION.
LEITER, PEREZ 8 ASSOCIATES{, INC.
DATE: Col 4r 1 c
STANLEY T. OLESI WICZ, VICE PR NT
REGISTERED PROFESSIONAL SURVEYOR & MAPPER NO. 1633
STATE OF FLORIDA
111111111.111MOMMIMISOMMENIIIMPSIMMIet
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