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Home My WebLink AboutR-03-0158J-03-105 02/05/03 RESOLUTION NO. 03— 15 8 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS) AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE USE OF CITY -OWNED LAND AT APPROXIMATELY 1950 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBIT A" ATTACHED AND INCORPORATED, FOR THE SOLE PURPOSE OF SLOPING, GRADING, TYING -IN, HARMONIZING AND RECONNECTING EXISTING FEATURES OF THE CITY PROPERTY WITH HIGHWAY IMPROVEMENTS, DURING THE PERIOD BEGINNING WITH THE DATE OF EXECUTION OF THE AGREEMENT, AND CONTINUING UNTIL COMPLETION OF THE TRANSPORTATION PROJECT, BUT NOT LATER THAN MARCH 31, 2005, UNDER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. WHEREAS, the Florida Department of Transportation ("FDOT") is finalizing plans for the construction and improvement of Northwest 12th Avenue, from Northwest 16th to Northwest 29th Street, Miami -Dade County, Florida, for a distance of 0.932 miles, Section FP No. 407738-1-52-01; and WHEREAS, the City of Miami is owner of certain real property located at 1950 Northwest 12th Avenue, Miami, Florida, commonly known as the GSA site; and CITY COMMISSION MEETING OF Resolution No. a3- i58 WHEREAS, it is necessary for FDOT to enter into a License Agreement with the City to slope, grade, tie-in, harmonize and reconnect existing features on the City's property with the highway improvements; and WHEREAS, the City Commission determines that it is in the best interest of the City to enter into a License Agreement, in substantially the attached form, for said purpose; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorizedll to execute a License Agreement ("Agreement"), in substantially the attached form, with the State of Florida Department of Transportation ("FDOT"), for the purpose of allowing FDOT, as Licensee, the use of City -owned land at approximately 1950 Northwest 12th Avenue, Miami, Florida, as described in "Exhibit A," attached and incorporated, for the sole purpose of sloping, grading, tying -in, harmonizing and reconnecting existing features of the City property with highway improvements, during the period beginning 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Page 2 of 3 03 - 158 with the date of execution of the Agreement and continuing until completion of the transportation project, but not later than March 31, 2005, under terms and conditions as more particularly set forth in the Agreement. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED this 13th day of February 2003. MANUEL A. DIAZ, MAYOR ATTEST: PRISCILLA A. T OMPS N CITY CLERK ... 6871:tr:AS:BSS CORRECTNESS:/ z� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 03- 158 Parcel No.: 909 Section No.: FP 407738-1-52-01 Managing District: 6 LICENSE This Agreement, made the day of , 2003, between the CITY OF MIAMI, a municipality of the State of Florida, herein called Licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called Licensee. In consideration of the benefits accruing unto the Licensor, the parties agree as follows: Licensor hereby grants to Licensee a license to occupy and use, subject to all of the terms and conditions hereof, the following described premises (the "Premises"): PARCEL No. 909 F.P.No. 4077381 Miami Municipal Tract PB51-84 Tract A A/K/A: 1950 NW 12th Avenue, Miami, Florida, as more particularly depicted in Exhibit "A" attached hereto. The Premises may be occupied and used by Licensee solely for installation of sloping, grading, tying in, harmonizing and reconnecting existing features of the Licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto (the "Work") during the period beginning with the date first above written and continuing until completion of the transportation project, but not later than the last date of March 31, 2005. This License will automatically expire without the necessity of further action by the parties on March 31, 2005 or upon completion of the work, whichever occurs first. Licensee will provide written notice to Licensor not less than thirty (30) days prior to commencement of the Work which notice shall include an estimated time for the Work to be completed. The Work shall be done and completed in good workmanlike manner at the sole expense of Licensee. The Work shall be done in such a manner as in no way to interfere with the use and enjoyment of the park property adjacent to the Premises. Licensee shall restore the premises to the condition it was in prior to the work (excepting the improvements made by the work). All notices or other communications which may be given pursuant to this License shall in writing and shall be deemed properly served if delivered by personal service or by certified mail addressed to Licensor and Licensee at the address indicated herein or as the same may be changed from time to time. LICENSOR City of Miami Chief Executive Officer/City Manager 444 S.W. 2 Avenue, 10th Floor Miami, FL 33130 LICENSEE State of Florida Department of Transportation 1000 N.W. 111 Avenue, Room 6116 Miami, FL 33172 03— 158 COPY TO City of Miami Department of Economic Development 444 S.W. 2 Avenue, 3 Floor Miami, FL 33130 Licensee agrees to require all persons or entities performing the Work, to include the Licensor as an additional insured in all insurance policies covering the Work. At least thirty (30) days prior to the commencement of the Work, Licensee shall obtain, and deliver to the Licensor, Attn: Risk Manager, 444 S.W. 2nd Avenue, Ste -915, Miami, Florida 33130-1910, the aforementioned insurance policy (ies) or certificates. Licensee shall additionally furnish Licensor with a thirty (30) days notice of any material modification or termination of any such insurance coverage. To the extent provided by law, the Licensee shall indemnify, defend, and hold harmless the Licensor and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Licensee, its agents or its employees, except where such claim, loss, damage, cost, or expense is caused by the gross negligence or willful misconduct of the Licensor or any of its officers, agents, or employees during the performance of the Work. The making, execution and delivery of this License by Licensor and Licensee has been induced by no representations, statements, warranties, or agreements other than those contained herein. This License embodies the entire understanding of the parties and there are no further other agreements of understanding, written or oral, in effect between the parties relating to the subject matter hereof. This License is subject, as a condition precedent to its validity, to its approval by the Miami City Commission. IN WITNESS WHEREOF, the said Licensor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. LICENSOR: ATTEST: CITY OF MIAMI Priscilla Thompson, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello, City Attorney Joe Arriola City Manager 2 03 158 APPROVED AS TO INSURANCE: CORRECTNESS Risk Manager WITNESS: Print Name Print Title 3 LICENSEE: STATE OF FLORIDA DEPARTMENT OF TRANSPORATION Print Name Print Title 03- 158 IS 4 EIRIBIT "A" ................ .......... SR 933 (MV 12th AVENUE) : -ZXffTM RM UME ------------------------------ TAWT aM MkP Q! ja lit. PROGRfS3 PRINT ........... ------ ------_------ LEWND ------ ------- aM AM Al"M 0* SM. m w aft,#= "Im ro= av"o .99ml. AV PM WrAt SOW aV TW rrllc& &mw me" AMMM FMWMG AIWA morn *~=rw mu CITY OF MIAMI, FLORIDA 13 INTER -OFFICE MEMORANDUM The Honorable Mayor and Members To : of City Co sion FROM J e rriola City Manager RECOMMENDATION: ,.:z - DATE: SUBJECT: Resolution Authorizing License Agreement with FDOT REFERENCES: Resolution, Agreement ENCLOSURES: FILE: The administration recommends that the City Commission adopt the attached Resolution authorizing the City Manager to execute a License Agreement, in substantially the attached form, between the City of Miami ("City") and State of Florida Department of Transportation (the "Licensee"), for the purpose of allowing Licensee the use of City -owned land located at approximately 1950 NW 12th Avenue, Miami, Florida, as more particularly depicted in Exhibit "A" attached hereto and made a part hereof, for the sole purpose of sloping, grading, tying in, harmonizing and reconnecting existing features of the Licensor's property with the highway improvements, during the period beginning with the date of execution and continuing until completion of the transportation project, but no later than March 31, 2005, with the terms and conditions as more particularly set forth in the License Agreement. BACKGROUND: FDOT is finalizing plans for the construction and improvement of S.R. 933 Northwest 12th Avenue, from Northwest 16th Street to Northwest 29th Street, for a distance of 0.932 miles (the "Project"). It is necessary for FDOT to enter into a License Agreement with the City for the sole purpose of sloping, grading, tying in, harmonizing and reconnecting existing features of the City property with the highway improvements. FDOT will be milling and resurfacing Northwest 12th Avenue, including new sidewalks, curbs and gutters, driveways, landscaping, traffic signals, loop detectors and handicap ramp access. All construction improvements will be performed within the existing FDOT right-of-way. The license agreement is necessary for the FDOT contractor to replace new sidewalks and driveways. The term of the licensd"agreement shall begin with the date of execution and continue until completion of the transportation project, but no later than March 31, 2005. Licensee shall provide notice to City not less than 30 days prior to commencing the work on the City -owned property. Financial Im act: There is no negative financial impact to the City. CAG: . . :br:m FDOT License 1950NW12Ave 03- 158 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Priscilla A. Thompson TO: City Clerk FROM: Laura Bill e A ting Director Department of mic Development January 16, 2003 DATE: FILE: License Agreement with SUBJECT: FDOT REFERENCES: ENCLOSURES: Enclosed you will find an ad for notice of a public hearing to be held by the City Commission on February 13, 2003 for the purpose of authorizing the City Manager to execute a License Agreement, between the City of Miami ("City") and the Florida Department of Transportation ("FDOT') for the use of City -owned land located at 1950 NW 12 Avenue, Miami, Florida, for the purpose of sloping, grading, tying in, harmonizing and reconnecting existing features on the City's property with the highway improvements, during the period beginning with the date of execution and continuing until completion of the transportation project, but not later than March 31, 2005; with the terms and conditions as more particularly_ set forth in said agreement. Please place the ad in accordance with public hearing requirements of the City Commission. Thank you for your assistance in this matter. Ap v Elvi Gallastegui-Alonso, Agenda Coordinator Enclosure Zr/City Clerk 1950 NW 12 Ave Public Notice.doc 03- 158 CITY OF MIAMI NOTICE OF PUBLIC HEARING A public hearing will be held by the City Commission of the City of Miami, Florida on February 13, 2003 at 9:00 AM at Manuel Artime Theater, located at 900 SW I Street, Miami, Florida, for the purpose of considering the following resolution: A Resolution of the Miami City Commission, authorizing the City Manager to execute a License Agreement, between the City of Miami ("City") and State of Florida Department of Transportation (the "Licensee"), for the purpose of allowing Licensee the use of City -owned land located at approximately 1950 Northwest 12th Avenue, Miami, Florida, for the sole purpose of sloping, grading, tying in, harmonizing and reconnecting existing features of the City property with the highway improvements, during the period beginning with the date of execution and continuing until completion of the transportation project, but no later than March 31, 2005; under the terms and conditions as more particularly set forth in the License Agreement. All interested persons are invited to appear and may be heard concerning these items. Should any person desire to appeal. any decision of the City Commission with respect to any matter considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon any appeal may be based. (City Seal) Priscilla Thompson City Clerk Ad. No. 02— 158 FEB-��,?-2003 14:38 CITY ATTORNEYS OFFICE 305 415 1801 P.01i02 `r%kll[CG isles Cpm Office of the City Attorney * City of Miami Riverside Center � 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130 (305) 416-1800 (305) 416-1801 Telecopier FAX COVER SHEET DATE: October 7, 2002 TO: Mayor, Members of the City PHONE: Commission and City Clerk FAX: (305) 416-1835 FROM: Angela I. Smith, Adm. Assist. I. PHONE: (305) 416-1801 FAX: RE: AGENDA ITEM NO. 8 RELATING TO LICENSE AGREEMENT W/ FDOT Number of pages including this page: 2 Message: ENCLOSED IS "ATTACHMENT A" TO THE LICENSE AGREEMENT. A HARD COPY WILL FOLLOW VIA HAND -DELIVERY. Notice: This transmission is for the confidential use of the above recipient only. If this transmission is received by mistake, please call 416-1800 for further instructions. 03- 158 EXHIBIT "A" SIR 933 (MY 12th AVENUE) 4- ---------------------------- ?AICT CUM AA&P PRQGRr33 PRINT . ...................... LE ND pp air am me w"m at sw. roan nxm ww" WMI nomro AS IM WTAX 91a1r ON EXHIBIT "A" SIR 933 (MY 12th AVENUE) 4- ---------------------------- ?AICT CUM AA&P PRQGRr33 PRINT . ...................... LE ND ------ ------- air am me w"m at sw. roan nxm ww" WMI nomro AS IM WTAX 91a1r ON 179 MP" wm aff" amwm rvalm m" 9WrM M~ZUTM AR& • -00 m m m �l N M m • C� G' r A W w ®IEIt `l` �-o r -C Cr -D � SR 933 (MV 12th AVENUE) --A t.( - i rr .� CAW- _ --x &.. ... 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