HomeMy WebLinkAboutSEOPW-CRA-R-01-005211
0 ITEM 16A
RESOLUTION NO. SEOPW/CRA O f 62,
A RESOLUTION I) AUTHORIZING THE COMMUNITY
REDEVELOPMENT AGENCY ("CRA") TO ENTER INTO A
USE AND TEMPORARY CONSTRUCTION AGREEMENT
WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY,
FLORIDA (THE "SCHOOL BOARD") SUBSTANTIALLY IN
THE FORM OF EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF (THE "AGREEMENT"), II)
AUTHORIZING THE CRA TO EXPEND AN AMOUNT NOT TO
EXCEED TWO HUNDRED THOUSAND AND 00/100
DOLLARS ($200,000.00) IN CONNECTION WITH THE
CONSTRUCTION OF NEW ARCHITECTURAL FENCING
PURSUANT TO THE AGREEMENT (THE "FENCING"),
UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") FUNDS ALLOCATED FOR THE THIRD AVENUE
BUSINESS CORRIDOR PROJECT, AND III) AUTHORIZING
THE CRA TO SEEK BIDS FOR A CONTRACTOR TO
CONSTRUCT THE FENCING AND TO SELECT THE LOWEST
QUALIFIED BIDDER. FROM AMONG SUCH CONTRACTORS
SUBMITTING QUALIFYING BIDS.
WHEREAS, the City of Miami approved and adopted the Southeast
Overtown/Park West Community Redevelopment Plan pursuant to Resolution Nos. 82-
755 and 85-1247 (the "Redevelopment Plan"); and
WHEREAS, the CRA is responsible for carrying out community redevelopment
activities and projects in the Southeast Overtown/Park West Redevelopment Area (the
"Redevelopment Area") established pursuant to the Redevelopment Plan; and
WHEREAS, the CRA desires i) to enter into an Agreement with the School Board
substantially in the form of Exhibit A, ii) to construct the Fencing, and iii) to seek bids
for a contractor to construct the Fencing and to select the lowest qualified bidder from
among such contractors submitting qualifying bids.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this
Resolution are incorporated herein as if fully set forth in this Section.
ATTACH T (5)
C 7A
E
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Section 2. The CRA is hereby authorized i) to enter into an Agreement with
the School Board substantially in the form of Exhibit A, and ii) to construct the Fencing
at a cost not to exceed Two Hundred Thousand and 00/100 Dollars ($200,000.00),
subject to the availability of CDBG funds allocated for the Third Avenue Business
Corridor Project, and iii) to seek bids for a contractor to construct the Fencing and to
select the lowest qualified bidder from among such contractors submitting qualifying
bids.
Section 3. This resolution shall be effective upon its adoption.
PASSED AND ADOPTED on this 21 st day of May, 2001.
"4��
Art ur E. Teele, Jr., Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
Holland & Knight LLP
CRA Legal Counsel
MIA1 #1040572 vl
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• ITEM 16A
Exhibit A
Prepared by and after
recording, return to:
William R. Bloom, Esq.
Holland & Knight
701 Brickell Avenue
Miami, FL 33131
USE AND TEMPORARY CONSTRUCTION AGREEMENT
THIS AGREEMENT is made and entered into as of the day of May, 2001
by and between THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA (the
"SCHOOL BOARD") and the SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, a body
corporate and politic of the State of Florida (the "SEOPW CRA").
RECITALS:
A. The SEOPW CRA is the recipient of certain grant funds appropriated for
the purpose of erecting fences and other improvements within the redevelopment area.
B. The SCHOOL BOARD is the owner of Frederick Douglas Elementary
School which is located within the redevelopment area on that certain real property
situated in Miami -Dade County, Florida, as more particularly described in Exhibit "A"
attached hereto and made a part hereof (the "Property").
C. The SEOPW CRA desires to replace the existing chain -link fencing
surrounding the Property with upgraded architectural fencing with Bahamian and
Caribbean themes that is a part of the history of Overtown.
D. The SCHOOL BOARD will allow the SEOPW CRA, at no cost to the
SCHOOL BOARD, to remove the existing chain -link fencing surrounding the Property
and construct new architectural fencing with a Bahamian and Caribbean theme and
related improvements (the "Fencing") around the perimeter of the Property in accordance
with the plans and specifications described in Exhibit "B" attached hereto and made a
part hereof (the "Plans and Specifications").
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and
provisions herein contained, and other good and valuable consideration, the receipt of
which is hereby acknowledged, the parties to this Agreement hereby agree as follows:
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0 ITEM 16A
TERMS:
1. Recitals. The Recitals and Exhibits attached to this Agreement are true
and correct and are hereby incorporated by reference and made a part hereof.
2. Grant of Construction Easement. The SCHOOL BOARD hereby
grants unto the SEOPW CRA and its agents a non-exclusive temporary easement ten (10)
feet in width parallel to the existing chain link fencing over, through and across those
areas of the Property reasonably necessary for the removal of the existing chain -link
fencing and the construction of the new Fencing and related improvements in accordance
with the Plans and Specifications (the "Improvements"), including without limitation,
such staging areas as are reasonable necessary for the construction of the Improvements.
The foregoing easement shall automatically terminate upon the completion of
construction of the Improvements.
3. Maintenance. Following the completion of construction of the
Improvements, the SCHOOL BOARD, at its sole cost and expense, shall maintain the
Improvements in good condition and repair.
4. Indemnification. Subject to the limitations contained in Florida
Statute 768.28, the SEOPW CRA hereby agrees to indemnify, defend and hold SCHOOL
BOARD harmless from any and all liability, damage, expenses, causes of action, suits,
claims or judgments, including reasonable attorneys fees' actually incurred, arising from
personal injury, death or property damage, caused the SEOPW CRA's construction
activities on the Property with respect to the Improvements, except to the extent caused
by the willful act or negligence of the SCHOOL BOARD or their respective agents or
employees.
5. General Construction Requirement. The SEOPW CRA shall cause the
Improvements to be constructed substantially in accordance with the Plans and
Specifications in a good and workman like manner within six (6) months from the date of
this Agreement, subject to extension as a result of events of force majeure. The SEOPW
CRA covenants and agrees that the manner in which the construction work shall be
performed on the Property shall not unreasonably interfere with the use, occupancy, or
enjoyment of the Property. In performing any construction on the Property, the SEOPW
CRA agrees to take such safety measures as may be reasonably required to protect
SCHOOL BOARD and its employees and students from injury or damage caused by or
resulting from the performance of such construction work on the Property. Upon
completion of the Improvements the SEOPW CRA shall deliver to the School Board a
bill of sale conveying the Improvements to the SCHOOL BOARD free and clear of liens
and encumbrances.
6. Assurances. The parties hereby agree to execute any and all further
instruments and documents and take all such actions as may be reasonably required by
any party hereto to effectuate the terms and intent of this Agreement.
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7. Amendment. This Agreement can not be modified, amended, altered or
changed in any respect except by further agreement in writing duly executed by all
parties hereto, subject to approval of their respective boards.
8. Governing Law. The validity of this Agreement and all of its terms and
provisions, as well as its rights and duties shall be interpreted and construed in
accordance with the laws of the State of Florida.
9. Notices. All notices, consents, approvals, waivers and elections which any
party shall be required or shall desire to make or give under this Agreement shall be in
writing and shall be sufficiently made or given only when hand delivered, delivered by
overnight courier service, telecopied (with telephone confirmation), or mailed by certified
mail, return receipt requested, with proper postage affixed, addressed:
As to SCHOOL BOARD: The School Board of Miami -Dade
County, Florida
1450 N.E. 2nd Avenue
Suite 400
Miami, Florida 33132
Attn: Johnny Brown, Esq.
As to SEOPW CRA: Community Redevelopment Agency
300 Biscayne Boulevard Way
Suite 430
Miami, Florida 33131
Attn: Mr. Dipak M. Parekh
or to such other address as any party hereto shall designate by like notice given to the
other parties hereto. Notices, consents, approvals, waivers and elections given or made
shall be deemed to have been given and received when hand delivered, delivered by
overnight courier service, upon receipt of the telecopy or on the date of receipt or date
delivery is refused if mailed by certified mail, return receipt requested.
10. Counterpart. This Agreement may be executed in counterparts by the
parties hereto and each shall be considered an original insofar as the parties are concerned
but together said counterparts shall comprise only one Agreement.
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0 ITEM 16A
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
Approved as to form:
SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA
By:
Print Name:
Title: Chairperson of the Board
Attest:
Print Name:
Title: Secretary to the Board
SEOPW CRA:
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF MIAMI, a
body corporate and politic of the State of
Florida
By:
Name:
Title:
Attest:
Clerk of the Board
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Approved for legal sufficiency
Holland & Knight LLP,
Special Counsel
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EXHIBIT "A"
Legal Description
Lots 1 through 8, both inclusive, the East %2 of Lot 9, and Lots 11 through 20, both
inclusive, Block 11, of SOST'S SUBDIVISION, according to the plat thereof, recorded
in Plat Book `B", at Page 27, of the Public Records of Miami -Dade County, Florida, less
and excepting therefrom the following:
1. The North 5.00 feet of Lots 1 and 2 of Block 11 of said SOST'S SUBDIVISION.
2. A triangular parcel at the Southwest corner of Lot 11, Block 11, of said SOST'S
SUBDIVISION, being particularly described as follows: BEGIN at the Southwest
corner of said Lot 11; thence run North 02°49'26" West along the West boundary of
said Lot 11 for a distance of 44.16 feet to a point; thence run South 25°23'09" East
along the Easterly boundary of Interstate 95 Expressway as recorded in Plat Book 83
at Page 21 of the Public Records of Miami -Dade County, Florida, for a distance 48.04
feet to the point of intersection with the South boundary of said Lot 11; thence South
87°49'24" West along the last described line for a distance of 18.43 feet to the
POINT OF BEGINNGING.
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EXHIBIT "B"
Description of the Plans and Specifications
Plans and specifications prepared by Civil -CARD Engineering under Drawing No.
210323C-1; sheets C-1, C-2 and C-3.
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TO:
Chairman Teele and
Members of the CRA Board
1
FROM: Dlpak M. Parekha
Executive Director
RECOMMENDATION
l CITY OF MIAMI FLORIDA ITEM 16A
INTER -OFFICE MEMORANDUM
DATE: May 21, 2001 FILE
SUBJECT: Agreement with School Board of
Miami -Dade to construct new
fencing around Frederick Douglas
REFERENCES Elementary
ENCLOSURES:
Resolutions
It is recommended that the Board of Directors of the Southeast Overtown/Park West
Redevelopment Agency (the "CRA") approve the attached Resolution authorized the CRA i) to
enter into an Agreement with School Board of Miami -Dade County substantially in the form of
Exhibit A, and ii) to construct the Fencing at a cost not to exceed Two Hundred Thousand and
00/100 Dollars ($200,000.00), utilizing CDBG funds and iii) to seek bids for a contractor to
construct the Fencing and to select the lowest qualified bidder from among such contractors
• submitting qualifying bids.
BACKGROUND
The CRA desire i) to enter into an Agreement with School Board of Miami -Dade County
substantially in the form of Exhibit A, and ii) to construct the Fencing at a cost not to exceed Two
Hundred Thousand and 00/100 Dollars ($200,000.00), utilizing CDBG funds and iii) to seek bids
for a contractor to construct the Fencing and to select the lowest qualified bidder from among such
contractors submitting qualifying bids.
Funding Source: CDBG
Account Number: 799126.456262.979 and 799126.456283.979
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SEOPW/CRA