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HomeMy WebLinkAboutR-02-0459J-02-321 4/8/02 RESOLUTION NO. 02— 459 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE, IN SUBSTANTIALLY THE ATTACHED FORMS, THE FOLLOWING: (1) A JOINT PROJECT AGREEMENT, (2) AN AMENDMENT TO THE LEASE AGREEMENT, AND (3) A TEMPORARY CONSTRUCTION EASEMENT, AND ANY AND ALL OTHER DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN CONNECTION WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION'S ("FDOT") PROJECT TO INSTALL A SEAWALL AT THE MIAMI RIVER WATER SHORE ADJACENT TO JOSE MARTI PARK AND REPLACE THE FENDER SYSTEM ADJACENT THERETO, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENTS. WHEREAS, Florida Department of Transportation ("FDOT") has a project scheduled to replace the fender system under I-95 adjacent to Jose Marti Park; and WHEREAS, at the City of Miami's request, FDOT has agreed to construct a seawall at the Miami River water shore adjacent to Jose Marti Park in order to enhance the public's access to the water; and i y n CC A CITY COMMS10H MEETIKG APP ^ 5 2002 ReaolutiQn NP. ®2- 459 WHEREAS, the seawall will be constructed within FDOT right-of-way that the City leases from FDOT and on City -owned property; and WHEREAS, in order to proceed with construction of the seawall and fender replacement, FDOT requires a temporary construction easement from the City for a period of two years from the date construction commences; and WHEREAS, FDOT has requested the City execute a Joint Project Agreement setting forth the responsibilities of each party; and WHEREAS, FDOT has also requested that the City amend the Lease Agreement dated November 6, 1980, to provide for the City to maintain the seawall upon the contractor's completion of the construction; and WHEREAS, the construction of the seawall requires a Class I Coastal Construction Permit from Miami -Dade County; and WHEREAS, due to the City's leasehold interest as well as fee simple ownership in the project area, the City was required to sign the permit application as a co -applicant; and Page 2 of 4 02- 459 WHEREAS, the City will further be required to execute the final DERM permit; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorizedl� to execute, in substantially the attached forms, the following: (1) a Joint Project Agreement, (2) an Amendment to the Lease Agreement, and (3) a Temporary Construction Easement, and any and all other documents necessary, in a form acceptable to the City Attorney, in connection with the Florida Department of Transportation's project to install a seawall at the Miami River water shore adjacent to Jose Marti Park and replace the fender system adjacent thereto, with terms and conditions as more particularly set forth in the Agreements. Section 3. The City will jointly apply for a Class I Coastal Construction Permit from Miami -Dade County. 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 3 of 4 ®2-- 459 Section 4. The City will execute the final DERM permit. Section S. This Resolution shall become effective immediately upon its adoption and signature of the Mayor/ PASSED AND ADOPTED this 25th ATTEST: Q. PRISCILLA A. THOMPSON CITY CLERK APPRO A M AND CORRECTNESS: ANDRO VILARELLO TY ATTORNEY W6157:tr:LB day of April , 2002. 1„ MANUEL A. DIAZ, OR 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 4 of 4 02- 459 FIN No: 251626-2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PROJECT AGREEMENT WITH THE CITY OF MIAMI This AGREEMENT, entered into this day of , 2002, by and between the STATE OF FLORIDA, Department of Transportation, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF MIAMI a political subdivision of the State of Florida, existing under the laws of the State of Florida, herein after called the CITY. WITNESSETH WHEREAS, as a part of the CITY enhancement program, the DEPARTMENT, at the request of the CITY, has funded the design and construction of a steel sheet piling seawall at the River of Miami water shore adjacent to the "Jose Marti" Park and within the corporate limits of the CITY; and WHEREAS, the land upon which the steel sheet piling seawall will be constructed is owned by the DEPARTMENT and leased to the CITY; and WHEREAS, the CITY finds that construction of the seawall as part of the CITY enhancement program is in the public interest; and WHEREAS, the parties hereto mutually recognize the need for entering into an agreement designating and setting forth the responsibilities of each party; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to section 334.044 (21) (23), Florida Statues (1997); and WHEREAS, the CITY by Resolution No. dated , attached hereto as Attachment "A", which by reference hereto shall become a part hereof, desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 02- 459 FIN No: 251626-2 1. The DEPARTMENT shall fund the design and construction of a steel sheet piling seawall at the River of Miami water shore adjacent to the "Jose Marti" Park (hereinafter "the Project"), within the project limits described in Attachment "B". 2. The DEPARTMENT shall obtain CITY approval of the Project design plans, before constructing the Project. 3. The DEPARTMENT shall require that the contractor selected to construct the Project (hereinafter "the Contractor") specifically name and include the City of Miami as an additional insured party on the Contractor's Public Liability and Property Damages Liability Insurance policies, and on Contractor's Protective Public Liability and Property Damage Liability Insurance policies, regarding all covered damages resulting from the Contractor's operations while performing work upon the property leased or owned by the City of Miami. 4. The DEPARTMENT agrees that the CITY may, at reasonable times during the construction of the seawall, inspect the Contractor's facilities and perform such tests, as are reasonably necessary, to determine whether the goods or services required to be provided by the Contractor under agreement with the DEPARTMENT conform to the terms of said agreement. Upon request by the CITY, the DEPARTMENT shall coordinate with the Contractor, to provide access to the CITY for performance of said inspections. 5. To the extent provided by law, the DEPARTMENT shall indemnify, defend, and hold harmless the CITY 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 DEPARTMENT, its agents, or employees, during the construction of the Project, and specifically relating to the construction of the Project, except that neither the DEPARTMENT, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the CITY or any of its officers, agents, or employees. 6. This Agreement may be unilaterally cancelled by the DEPARTMENT prior to the Project construction commencement, and it may not be cancelled by the CITY. 7. Concurrent with the execution of this Agreement, the CITY shall execute an amendment to the Memorandum of Agreement between the parties, dated November 6, 1980 (hereinafter "the Lease") for the lease of the "Jose Marti" Park property. The amendment shall provide that the CITY, at its sole expense, agrees to assume the maintenance responsibilities for the Project, after its completion. Said amendment shall be in the form attached hereto as Attachment «C„ 8. Concurrent with the execution of this Agreement, the CITY shall execute a temporary construction easement to be used by the Department and its contractor in the construction of the Project. Said temporary construction easement shall be in the form attached hereto as Attachment 2 02- 459 FIN No: 251626-2 go 9. The CITY shall indemnify, defend, save and hold harmless the DEPARTMENT from any claim, loss, damage, cost, charge, or expense, arising out of, or because of this Agreement, as provided by Paragraph eleven (11) of The Lease, except that neither the CITY, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents, or employees. 10. The terms of this Agreement commence upon execution by both parties, and shall continue until the Project has been completed, or until cancellation as set forth in Paragraph six (6) of this Agreement. In the event that the DEPARTMENT cancels the agreement, the lease amendment, and Temporary Construction Easement executed pursuant to Paragraph seven (7) of this Agreement shall become void. 11. This Agreement is nontransferable and non -assignable, by the CITY, in whole, or in part, without consent of the DEPARTMENT. 12. This Agreement, regardless of where executed shall be governed by, and constructed according to the laws of the State of Florida. 13. Nothing in this Agreement shall be construed to violate the provisions of Section 339.135 (6) (a), of the Florida Statues (1997), which provides as follows: The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amount budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection, is null and void and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the marking of a contract for periods exceeding one year, but any contract so made shall be executed only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are of an amount in excess of $25,000 and which have a term for a period of more than one year. 14. The CITY agrees to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this Agreement, which are subject to the provisions of Chapter 119, or the Florida Statutes. 02- 459 FIN No: 251626-2 15. All notices, requests, demands, consents, approvals and other communication which are required to be served or given hereunder shall be in writing and shall be sent by registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6207 Miami, Florida 33172-5800 Attention: Director of Operations To CITY: City of Miami 444 Southwest 2nd Avenue Department of Public Works. Miami, Florida 33130 Attention: Director of Public Works; and City Attorney, City of Miami 444 Southwest 2nd Avenue Suite 945 Miami, Florida 33130 Either party may, by notice as aforesaid, change its address for all subsequent notices. Notices given in compliance with this section shall be deemed given when placed in the mail. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Carlos A. Gimenez, District Secretary City Manager ATTEST: ATTEST: Priscilla A. Thompson, Executive Secretary City Clerk 2 02- 459 FIN No: 251626-2 APPROVED AS TO LEGAL FORM AND CORRECTNESS: Alejandro Vilarello, City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: M- R. Sue Weller, Acting Director, Risk Management 5 IN Office of the General Counsel 02- 459 FIN No: 251626-2 ATTACHMENT "A" CITY RESOLUTION 02- 459 I // NATERW� D RL VL u- ARE4 �\ #/ 269 3797 S.F. CONCRET_ BULKHEAD' LENGTH 332 LF• \ i wATERwARC FILL LO-ATIO N 0 20 40 TowNSHIP: 54 s 1 \ iONGE: 61 E SG1LE IN FEET SECT;ON: 38 KAN MENTA AND A�-)SOCIAIEJ, Inc. ConsLj r.g Engineers 2°3 Cutalcn;a Ave., Su: -,p SC4, Ccral. CaGIES 33;34 - Pn..(3C5) 444-7077 i . M A RTI PARK SEAWALL DWG BY A -L. ppTE 01-12-01 PROJECT SHEET NO. i FDOT FN. IG.: CHKD BY R D DATE 0!-12-0' SALE N.T.S. JOB NO. 251626-2-52-0� Exhibit "B" 02— 459 a1w• ^ 1 N 1 ylrl► �' // NATERW� D RL VL u- ARE4 �\ #/ 269 3797 S.F. CONCRET_ BULKHEAD' LENGTH 332 LF• \ i wATERwARC FILL LO-ATIO N 0 20 40 TowNSHIP: 54 s 1 \ iONGE: 61 E SG1LE IN FEET SECT;ON: 38 KAN MENTA AND A�-)SOCIAIEJ, Inc. ConsLj r.g Engineers 2°3 Cutalcn;a Ave., Su: -,p SC4, Ccral. CaGIES 33;34 - Pn..(3C5) 444-7077 i . M A RTI PARK SEAWALL DWG BY A -L. ppTE 01-12-01 PROJECT SHEET NO. i FDOT FN. IG.: CHKD BY R D DATE 0!-12-0' SALE N.T.S. JOB NO. 251626-2-52-0� Exhibit "B" 02— 459 EXHIBIT AMENDMENT TO LEASE AGREEMENT THIS AGREEMENT, made this day of , 2002, shall serve as an Amendment to the Memorandum of Agreement between the FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter "the DEPARTMENT"), as lessor, and the CITY OF MIAMI (hereinafter "the CITY"), as lessee, dated November 6, 1980 (hereinafter "the Lease"), for the lease of the property described in Exhibit "A" (hereinafter "the Property"). In addition to the provisions contained in the Lease, the following terms and conditions will be deemed to be a part of said Lease. WITNESSETH WHEREAS, pursuant to the Joint Project Agreement between the parties, dated , and attached hereto as Exhibit "B", the DEPARTMENT intends to construct a steel sheet piling seawall (hereinafter "the Project") at the River of Miami water shore adjacent to the "Jose Marti" Park upon the Property, in accordance with plans to be approved by the CITY; and WHEREAS, the DEPARTMENT'S agreement to construct the Project is conditioned upon the agreement by the CITY to assume, at its sole expense, the maintenance responsibilities for the Project within the project limits described in Exhibit "C". NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The CITY shall be responsible, at no cost to the Department, for the maintenance of the Project within the limits described by Exhibit "C", or subsequently amended limits mutually agreed to in writing by both parties. The CITY shall be responsible for the activities described below: 1 a. Performing annual inspections and assessments of the condition of the steel sheet piling seawall; lb. Implementing preventive maintenance to protect against deterioration, as required based upon the findings of annual inspections. Such preventive maintenance shall include, but not be limited to, the application of protective coating; 1 c. Repairing any damage and/or deterioration occurring during the service life of the steel sheet piling seawall, and while the Lease is in effect, except that the CITY shall not be responsible for repairing damage resulting from the Project construction contractor's defective performance or materials; and 1 d. Restoring any DEPARTMENT property that becomes damaged, as a result of any repair and/or maintenance performed to the steel sheet piling seawall. 2. The CITY shall request written approval from the DEPARTMENT, before 02 459 implementing any repairs/maintenance to be performed to the seawall. 3. If, at any time, while the terms of this agreement are in effect, it shall come to the attention of the DISTRICT MAINTENANCE ENGINEER that the CITY responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this Agreement, said DISTRICT MAINTENANCE ENGINEER may at his option issue a written notice in care of the DIRECTOR OF PUBLIC WORKS, to place said CITY on notice thereof. Thereafter, the CITY shall have a period of sixty (60) calendar days within which to respond to cited deficiencies and an additional six (6) months to correct the cited deficiencies, if said deficiencies are deemed valid. If said deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: 3a. Maintain/repair the steel sheet piling seawall declared deficient with the DEPARTMENT and/or independent Contractor(s) material, equipment and personnel, and charge the reasonable cost of such work to the CITY. 4. All notices, requests, demands, consents, approvals and other communication which are required to be served or given hereunder shall be in writing and shall be sent by registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6207 Miami, Florida 33172-5800 Attention: Director of Operations To CITY: City of Miami 444 Southwest 2nd Avenue Department of Public Works. Miami, Florida 33233 Attention: Director of Public Works; and City Attorney, City of Miami 444 Southwest 2nd Avenue Suite 945 Miami, Florida 33233 02-- 459 5. The Lease between the parties, dated November 6, 1980, is ratified, and remains unchanged, except as provided herein. LESSEE CITY OF MIAMI 1-2 Carlos A. Gimenez, City Manager ATTEST: Priscilla A. Thompson, City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: 0 Alejandro Vilarello, City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: R. Sue Weller, Acting Director, Risk Management 3 LESSOR STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION District Secretary ATTEST: IN Executive Secretary Office of the General Counsel 02- 459 Exhibit "D" 08-TE.13-06/98 This instrument prepared by, or under the direction of, D. Michael Schloss, Esq. District General Counsel State of Florida Department of Transportation 1000 N.W. 111th Avenue Miami, Florida 33172 January 22, 2002 - NE Parcel No. : 700.1 W.P.I. Segment No.: 2516262 Managing District : 6 TEMPORARY EASEMENT THIS EASEMENT made this day , by the CITY OF MIAMI, a municipality of the State of Florida, grantor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, grantee. WITNESSETH that for and in consideration of the sum of One Dollar and other valuable considerations, receipt and sufficiency of which is hereby acknowledged, the grantor hereby gives, grants, bargains and releases to the grantee, a temporary easement for the purpose of replacing and constructing a sea wall and fendering system, in, upon, over and through the following described land in Miami -Dade County, Florida, described as follows, viz: Parcel 700 F.P. No. 2516262 Section 87270 A strip of land 2.50 feet in width lying in Lots 8B, of RIVERSIDE WATERFRONT, according to the plat thereof, as recorded in Plat Book 25, Page 72, of the Public Records of Miami -Dade County, Florida. Said strip being for a seawall within Section 38, Township 54 South, Range 41 East, Miami -Dade County, Florida, lying Southwesterly of the following described line, being the Northeasterly face of said seawall: COMMENCE at the Southernmost corner of State Road 9A (Interstate 95) Parcel 230 Trustee for the Internal Improvement Trust Fund (T.I.I.T.F.) Agreement, as recorded in Official Record Book 4891, Page 387 of the Public Records of Miami -Dade County, Florida, said point also being the point of intersection of the Easterly Limited Access Right of Way Line of State Road 9A (Interstate 95) with the Southerly U.S. Harbor Line of the Miami River as established by the aforesaid record plat, and being shown on the State of Florida State Road Department Right of Way Maps for Section 87270-2425, as recorded in Plat Book 83, at Page 21 of the Public Records of Miami -Dade County, Florida; THENCE S02E14N32? E, along said Easterly Limited Access Right of Way Line, a distance of 15.59 feet; THENCE N40E41N41? W a distance of 56.43 feet, to the point of curvature of a circular curve concave to the Southwest, having a radius of 56.87 feet and a central angle of 08E03N38?; THENCE Northwesterly along said curve to the left, for an arc distance of 8.00 feet, to the point of tangency of said curve; THENCE N48E45N19'? W, for a distance of 228.68 feet, to the point of intersection with the Northwesterly Limited Access Right of Way line of State Road 9A (Interstate 95) as shown on the above- mentioned Right of Way Maps and the POINT OF BEGINNING of the herein described seawall line; THENCE continue N48E45N19? W, for a distance of 38.32 feet to the POINT OF TERMINATION. Said land situated within the City of Miami, Miami -Dade County, Florida, containing 97 square feet, more or less. OH/01/22/02 1 of 2 02- 459 TO HAVE AND TO HOLD the same unto the said party of the second part, its successors and assigns, together with immunity unto the said party of the second part, its successors and assigns from all claims for damage, if any, arising from or growing out of such construction and/or maintenance to the lands, if any, owned by the party of the first part, lying adjacent or contiguous to the lands hereinabove described and the party of the first part will defend the title to said lands against all persons claiming by, through or under said party of the first part. Grantee shall provide written notice to Grantor, not less than thirty (30) days prior to commencement of construction of the project, which notice shall include an estimated time for the project to be completed. It is understood and agreed by the parties hereto that this temporary easement and the rights granted herein shall expire upon the earlier of: (a) completion of said construction project, or (b) two years from the date of the commencement of construction. The transportation project shall be done and completed in a good workmanlike manner at the sole expense of Grantee. It is further understood and agreed by the parties hereto that Grantor shall restore the land that is subject to this easement to its original condition upon the expiration of this easement. IN WITNESS WHEREOF, the said grantor 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. ATTEST PRISCILLA A. THOMPSON, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS ALEJANDRO VILARELLO, CITY ATTORNEY STATE OF FLORIDA ) SS COUNTY OF DADE ) CITY OF MIAMI, A Municipal Corporation Of The State Of Florida CARLOS A. GIMENEZ CITY MANAGER APPROVED AS TO INSURANCE REQUIREMENTS: R. SUE WELLER, ACTING DIRECTOR RISK MANAGEMENT The foregoing instrument was acknowledged before me this _ day of 2002 by Carlos A. Gimenez as City Manager of the CITY OF MIAMI, a municipal corporation of the State of Florida, who is personally known to me or who has produced as identification and who did/did not take an oath. My Commission Expires: Printed Name: Notary Public 2 of 2 02- 459 AMENDMENT TO LEASE AGREEMENT THIS AGREEMENT, made this day of 2002, shall serve as an Amendment to the Memorandum of Agreement between the FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter "the DEPARTMENT"), as lessor, and the CITY OF MIAMI (hereinafter "the CITY"), as lessee, dated November 6, 1980 (hereinafter "the Lease"), for the lease of the property described in Exhibit "A" (hereinafter "the Property"). In addition to the provisions contained in the Lease, the following terms and conditions will be deemed to be a part of said Lease. WITNESSETH WHEREAS, pursuant to the Joint Project Agreement between the parties, dated , and attached hereto as Exhibit `B", the DEPARTMENT intends to construct a steel sheet piling seawall (hereinafter "the Project") at the River of Miami water shore adjacent to the "Jose Marti" Park upon the Property, in accordance with plans to be approved by the CITY; and WHEREAS, the DEPARTMENT'S agreement to construct the Project is conditioned upon the agreement by the CITY to assume, at its sole expense, the maintenance responsibilities for the Project within the project limits described in Exhibit "C". NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The CITY shall be responsible, at no cost to the Department, for the maintenance of the Project within the limits described by Exhibit "C", or subsequently amended limits mutually agreed to in writing by both parties. The CITY shall be responsible for the activities described below: Ia. Performing annual inspections and assessments of the condition of the steel sheet piling seawall; 1 b. Implementing preventive maintenance to protect against deterioration, as required based upon the findings of annual inspections. Such preventive maintenance shall include, but not be limited to, the application of protective coating; 1 c. Repairing any damage and/or deterioration occurring during the service life of the steel sheet piling seawall, and while the Lease is in effect, except that the CITY shall not be responsible for repairing damage resulting from the Project construction contractor's defective performance or materials; and 1 d. Restoring any DEPARTMENT property that becomes damaged, as a result of any repair and/or maintenance performed to the steel sheet piling seawall. 2. The CITY shall request written approval from the DEPARTMENT, before 02- 455 implementing any repairs/maintenance to be performed to the seawall. 3. If, at any time, while the terms of this agreement are in effect, it shall come to the attention of the DISTRICT MAINTENANCE ENGINEER that the CITY responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this Agreement, said DISTRICT MAINTENANCE ENGINEER may at his option issue a written notice in care of the DIRECTOR OF PUBLIC WORKS, to place said CITY on notice thereof. Thereafter, the CITY shall have a period of sixty (60) calendar days within which to respond to cited deficiencies and an additional six (6) months to correct the cited deficiencies, if said deficiencies are deemed valid. If said deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: 3a. Maintain/repair the steel sheet piling seawall declared deficient with the DEPARTMENT and/or independent Contractor(s) material, equipment and personnel, and charge the reasonable cost of such work to the CITY. 4. All notices, requests, demands, consents, approvals and other communication which are required to be served or given hereunder shall be in writing and shall be sent by registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6207 Miami, Florida 33172-5800 Attention: Director of Operations To CITY: City of Miami 444 Southwest 2nd Avenue Department of Public Works. Miami, Florida 33233 Attention: Director of Public Works; and City Attorney, City of Miami 444 Southwest 2nd Avenue Suite 945 Miami, Florida 33233 Q2-- 459 5. The Lease between the parties, dated November 6, 1980, is ratified, and remains unchanged, except as provided herein. LESSEE CITY OF MIAMI Carlos A. Gimenez, City Manager ATTEST: Priscilla A. Thompson, City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Alejandro Vilarello, City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: R. Sue Weller, Acting Director, Risk Management N LESSOR STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION go District Secretary ATTEST: LIM Executive Secretary Office of the General Counsel 02-- 45' Exhibit "A" LEGAL DESCRIPTION OF AREA TO BE LEASED FROM D.O.T. " ' Commence at the intersection of the easterly R/W line of SW 4th Ave. and the northerly R/W line of Sid 4th St., said point beim also the southwesterly Block corner of BLK 27 S of A.L. KNOWLTON MAP OF MIAMI as recorded in Plat Book "B" at,Page 41 of the Public Records of Dade County, Florida; thence along the northerly R/W line of SW 4 St. N 870 56' 55" E 324.50 feet to the point of intersection with the northeasterly R/W line of S.W. South River Drive (unopened) as shown on the plat of RIVERSIDE WATERFRONTS as recorded in Plat Book 25 at Page 72 of the Public Records of Dade County, Florida; thence along said northeasterly R/W line of SW South River Drive N 260 54' 23" W 48.57 feet to the point of intersection with the L.A. R/W line of N -S Expressway (Z-95) according to the plat thereof, as recorded in Plat Book 83 at Page 215 of the Public Records of Dade County, Florida said point also being the Point of Beginning of the hereinafter described parcel; thence continuing along said L.A. R/W line of I-95 N 210 13' 45" E 137.92 feet to the point of intersection with the U.S. Harbor line of the Miami River as established by the U.S. Corps of Engineers, (1933), said U.S. Harbor Line also being the platted line of said RIVERSIDE WATERFRONTS; thence along said Harbor Line S 320 49' 05" E 5.00 feet to U.S. HARBOR LINE PT. N33 -A; thence continue along said U.S. Harbor Line S 41° 07' 04" E 214.41 feet to the point of intersection with the easterly prolongation of the northerly R/W line of SW 4th St., thence along the northerly R/W line of said SW 4th St., and its easterly prolongation thereof, S 870 56' 55" W 139.83 feet to a point of curvature; thence'westerly and northwesterly along the arc of a curve concave to the northeast having a radius of 50 feet and a central angle of 650 08' 42" for an arc distance of 56.85 feet to a point of tangency with the north- easterly R/W line of said S.W. South River Drive; thence N 26° 54' 23" W along said northeasterly R/W line of SW South River Drive 16.63 feet to the Point of Beginning. 02- 459 FIN No: 251626-2 EXHIBIT "B" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PROJECT AGREEMENT WITH THE CITY OF MIAMI This AGREEMENT, entered into this day of , 2002, by and between the STATE OF FLORIDA, Department of Transportation, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF MIAMI a political subdivision of the State of Florida, existing under the laws of the State of Florida, herein after called the CITY. WITNESSETH WHEREAS, as a part of the CITY enhancement program, the DEPARTMENT, at the request of the CITY, has funded the design and construction of a steel sheet piling seawall at the River of Miami water shore adjacent to the "Jose Marti" Park and within the corporate limits of the CITY; and WHEREAS, the land upon which the steel sheet piling seawall will be constructed is owned by the DEPARTMENT and leased to the CITY; and WHEREAS, the CITY finds that construction of the seawall as part of the CITY enhancement program is in the public interest; and WHEREAS, the parties hereto mutually recognize the need for entering into an -agreement designating and setting forth the responsibilities of each party; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to section 334.044 (21) (23), Florida Statues (1997); and WHEREAS, the CITY by Resolution No. dated , attached hereto as Attachment "A", which by reference hereto shall become a part hereof, desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 02- 459 FIN No: 251626-2 1. The DEPARTMENT shall fund the design and construction of a steel sheet piling seawall at the River of Miami water shore adjacent to the "Jose Marti" Park (hereinafter "the Project"), within the project limits described in Attachment B". 2. The DEPARTMENT shall obtain CITY approval of the Project design plans, before constructing the Project. 3. The DEPARTMENT shall require that the contractor selected to construct the Project (hereinafter "the Contractor") specifically name and include the City of Miami as an additional insured party on the Contractor's Public Liability and Property Damages Liability Insurance policies, and on Contractor's Protective Public Liability and Property Damage Liability Insurance policies, regarding all covered damages resulting from the Contractor's operations while performing work upon the property leased or owned by the City of Miami. 4. The DEPARTMENT agrees that the CITY may, at reasonable times during the construction of the seawall, inspect the Contractor's facilities and perform such tests, as are reasonably necessary, to determine whether the goods or services required to be provided by the Contractor under agreement with the DEPARTMENT conform to the terms of said agreement. Upon request by the CITY, the DEPARTMENT shall coordinate with the Contractor, to provide access to the CITY for performance of said inspections. 5. To the extent provided by law, the DEPARTMENT shall indemnify, defend, and hold harmless the CITY 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 DEPARTMENT, its agents, or employees, during the construction of the Project, and specifically relating to the construction of the Project, except that neither the DEPARTMENT, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the CITY or any of its officers, agents, or employees. 6. This Agreement may be unilaterally cancelled by the DEPARTMENT prior to the Project construction commencement, and it may not be cancelled by the CITY. 7. Concurrent with the execution of this Agreement, the CITY shall execute an amendment to the Memorandum of Agreement between the parties, dated November 6, 1980 (hereinafter "the Lease") for the lease of the "Jose Marti" Park property. The amendment shall provide that the CITY, at its sole expense, agrees to assume the maintenance responsibilities for the Project, after its completion. Said amendment shall be in the form attached hereto as Attachment «C„ 8. Concurrent with the execution of this Agreement, the CITY shall execute a temporary construction easement to be used by the Department and its contractor in the construction of the Project. Said temporary construction easement shall be in the form attached hereto as Attachment 02- 459 FIN No: 251626-2 ffm 9. The CITY shall indemnify, defend, save and hold harmless the DEPARTMENT from any claim, loss, damage, cost, charge, or expense, arising out of, or because of this Agreement, as provided by Paragraph eleven (11) of The Lease, except that neither the CITY, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents, or employees. 10. The terms of this Agreement commence upon execution by both parties, and shall continue until the Project has been completed, or until cancellation as set forth in Paragraph six (6) of this Agreement. In the event that the DEPARTMENT cancels the agreement, the lease amendment, and Temporary Construction Easement executed pursuant to Paragraph seven (7) of this Agreement shall become void. 11. This Agreement is nontransferable and non -assignable, by the CITY, in whole, or in part, without consent of the DEPARTMENT. 12. This Agreement, regardless of where executed shall be governed by, and constructed according to the laws of the State of Florida. 13. Nothing in this Agreement shall be construed to violate the provisions of Section 339.135 (6) (a), of the Florida Statues (1997), which provides as follows: The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amount budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection, is null and void and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the marking of a contract for periods exceeding one year, but any contract so made shall be executed only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are of an amount in excess of $25,000 and which have a term for a period of more than one year. 14. The CITY agrees to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this Agreement, which are subject to the provisions of Chapter 119, or the Florida Statutes. 3 02- 459 FIN No: 251626-2 15. All notices, requests, demands, consents, approvals and other communication which are required to be served or given hereunder shall be in writing and shall be sent by registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6207 Miami, Florida 33172-5800 Attention: Director of Operations To CITY: City of Miami 444 Southwest 2nd Avenue Department of Public Works. Miami, Florida 33130 Attention: Director of Public Works; and City Attorney, City of Miami 444 Southwest 2nd Avenue Suite 945 Miami, Florida 33130 Either party may, by notice as aforesaid, change its address for all subsequent notices. Notices given in compliance with this section shall be deemed given when placed in the mail. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI Lo Carlos A. Gimenez, City Manager ATTEST: Priscilla A. Thompson, City Clerk 0 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION 1-2 District Secretary ATTEST: Executive Secretary 02- 459 FIN No: 251626-2 APPROVED AS TO LEGAL FORM AND CORRECTNESS: I'M Alejandro Vilarello, City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: R. Sue Weller, Acting Director, Risk Management Office of the General Counsel 02- 459 FIN No: 251626-2 ATTACHMENT "A" CITY RESOLUTION 02- 459 I I ✓im I m 0 *.V Lv /%`� / < m / — off WATERwARD F1L; VIOL SAE AREA 269 - 3797 (� CONCRETE BULKHEAD: LEN \'\ \ 332 LF. LErrND WATERWARO FILL 111 Z 4 \ LOCATION 040 TOWNSHIP` E4 S u w # �� 4.1 E RANGE: M 4 Sr,% E IN FEET SECTION; 38 KAN MEHTA AND ASSOCIATES, Inc. Consult rg Engineers 252 CataIona Ave. , Su; -u, 804, CcraI Ga51eS 33134 - Fn.: QC5) 444-7017 J.MARTI PARK SEAWALL DWG BY A.L. DATE 01-12-01 PROJECT SHEET NO. FD07 FIN. ID.: CHKD BY R•D. DATE 01-12-01 SCALE N.T.S. JOB NO. 251626-2-52-a� I Exhibit "C" 02- 459 II I :J 0 1 Q W I' N ti � X" V W w `o Za I it I 0 *.V Lv /%`� / < m / — off WATERwARD F1L; VIOL SAE AREA 269 - 3797 (� CONCRETE BULKHEAD: LEN \'\ \ 332 LF. LErrND WATERWARO FILL 111 Z 4 \ LOCATION 040 TOWNSHIP` E4 S u w # �� 4.1 E RANGE: M 4 Sr,% E IN FEET SECTION; 38 KAN MEHTA AND ASSOCIATES, Inc. Consult rg Engineers 252 CataIona Ave. , Su; -u, 804, CcraI Ga51eS 33134 - Fn.: QC5) 444-7017 J.MARTI PARK SEAWALL DWG BY A.L. DATE 01-12-01 PROJECT SHEET NO. FD07 FIN. ID.: CHKD BY R•D. DATE 01-12-01 SCALE N.T.S. JOB NO. 251626-2-52-a� I Exhibit "C" 02- 459 II 08-TE.13-06/98 This instrument prepared by, or under the direction of, D. Michael Schloss, Esq. District General Counsel State of Florida Department of Transportation 1000 N.W. 111th Avenue Miami, Florida 33172 January 22, 2002 - NE Parcel No. : 700.1 W.P.I. Segment No.: 2516262 Managing District : 6 TEMPORARY EASEMENT THIS EASEMENT made this day , by the CITY OF MIAMI, a municipality of the State of Florida, grantor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, grantee. WITNESSETH that for and in consideration of the sum of One Dollar and other valuable considerations, receipt and sufficiency of which is hereby acknowledged, the grantor hereby gives, grants, bargains and releases to the grantee, a temporary easement for the purpose of replacing and constructing a sea wall and fendering system, in, upon, over and through the following described land in Miami -Dade County, Florida, described as follows, viz: Parcel 700 F.P. No. 2516262 Section 87270 A strip of land 2.50 feet in width lying in Lots 8B, of RIVERSIDE WATERFRONT, according to the plat thereof, as recorded in Plat Book 25, Page 72, of the Public Records of Miami -Dade County, Florida. Said strip being for a seawall within Section 38, Township 54 South, Range 41 East, Miami -Dade County, Florida, lying Southwesterly of the following described line, being the Northeasterly face of said seawall: COMMENCE at the Southernmost corner of State Road 9A (Interstate 95) Parcel 230 Trustee for the Internal Improvement Trust Fund (T.I.I.T.F.) Agreement, as recorded in Official Record Book 4891, Page 387 of the Public Records of Miami -Dade County, Florida, said point also being the point of intersection of the Easterly Limited Access Right of Way Line of State Road 9A (Interstate 95) with the Southerly U.S. Harbor Line of the Miami River as established by the aforesaid record plat, and being shown on the State of Florida State Road Department Right of Way Maps for Section 87270-2425, as recorded in Plat Book 83, at Page 21 of the Public Records of Miami -Dade County, Florida; THENCE S02E14N32? E, along said Easterly Limited Access Right of Way Line, a distance of 15.59 feet; THENCE N40E41N41? W a distance of 56.43 feet, to the point of curvature of a circular curve concave to the Southwest, having a radius of 56.87 feet and a central angle of O8EC3N38?; THENCE Northwesterly along said curve to the left, for an arc distance of 8.00 feet, to the point of tangency of said curve; THENCE N48E45N19'.' W, for a distance of 228.68 feet, to the point of intersection with the Northwesterly Limited Access Right of Way line of State Road 9A (Interstate 95) as shown on the above- mentioned Right of Way Maps and the POINT OF BEGINNING of the herein described seawall line; THENCE continue N48E45N19? W, for a distance of 38.32 feet to the POINT OF TERMINATION. Said land situated within the City of Miami, Miami -Dade County, Florida, containing 97 square feet, more or less. OH/01/22/02 1 of 2 o2- 459 TO HAVE AND TO HOLD the same unto the said party of the second part, its successors and assigns, together with immunity unto the said party of the second part, its successors and assigns from all claims for damage, if any, arising from or growing out of such construction and/or maintenance to the lands, if any, owned by the party of the first part, lying adjacent or contiguous to the lands hereinabove described and the party of the first part will defend the title to said lands against all persons claiming by, through or under said party of the first part. Grantee shall provide written notice to Grantor, not less than thirty (30) days prior to commencement of construction of the project, which notice shall include an estimated time for the project to be completed. It is understood and agreed by the parties hereto that this temporary easement and the rights granted herein shall expire upon the earlier of: (a) completion of said construction project, or (b) two years from the date of the commencement of construction. The transportation project shall be done and completed in a good workmanlike manner at the sole expense of Grantee. It is further understood and agreed by the parties hereto that Grantor shall restore the land that is subject to this easement to its original condition upon the expiration of this easement. IN WITNESS WHEREOF, the said grantor 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. ATTEST: CITY OF MIAMi, A Municipal Corporation Of The State Of Florida PRISCILLA A. THOMPSON, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO, CITY ATTORNEY STATE OF FLORIDA ) SS COUNTY OF DADE ) CARLOS A. GIMENEZ CITY MANAGER APPROVED AS TO INSURANCE REQUIREMENTS: R. SUE WELLER, ACTING DIRECTOR RISK MANAGEMENT The foregoing instrument was acknowledged before me this _ day of 2002 by Carlos A. Gimenez as City Manager of the CITY OF MIAMI, a municipal corporation of the State of Florida, who is personally known to me or who has produced as identification and who did/did not take an oath. My Commission Expires: Printed Name: Notary Public 2 of 2 02- 459 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA -16 TO: The Honorable Mayor and Members DATE: APR 16 2002 FILE: of the City Commission SUBJECT: Resolution Authorizing Execution of Joint Project Agreement, an Amendment to the Lease Agreement and a Temporary Construction FROM: REFERENCES: Easement with FDOT m ez ENCLOSURES: Resolution, Agreement, Amendment City Manager & Temp. Construction Easement RECOMMENDATION: The administration recommends that the City Commission adopt the attached Resolution authorizing the City Manager to execute a Joint Project Agreement, an Amendment to the Lease Agreement, and a Temporary Construction Easement, in substantially the attached form, and any and all other documents necessary, in connection with the Florida Department of Transportation's ("FDOT") project to install a seawall at the Miami River water shore adjacent to Jose Marti Park and replace the fender system adjacent thereto. BACKGROUND: FDOT has a project scheduled to replace the fender system under I-95 adjacent to Jose Marti Park. At the City of Miami's request, FDOT has agreed to construct a seawall at the Miami River water shore adjacent to Jose Marti Park in order to enhance the public's access to the water. The seawall will be constructed within FDOT right-of-way that the City leases from FDOT and on City -owned property. In order to proceed with construction of the seawall and fender system replacement, FDOT requires a temporary construction easement from the City. This temporary easement will be for a period of two years from the date construction commences. Additionally, FDOT has requested the City execute a Joint Project Agreement setting forth the responsibilities of each party. Since the construction of the seawall is being done at the City's request. FDOT has also requested that the City amend the Lease Agreement dated November 6, 1980 with FDOT, to provide for the City to maintain the seawall upon the contractor's completion of the construction. The construction of the seawall requires a Class I Coastal Construction Permit from Miami -Dade County. Due to the City's leasehold interest as well as fee simple ownership in the project area, the City was required to sign the permit application as a co -applicant. The City will further be required to execute the final DERM permit. There is no financial impact to the City. CAG -4 Qmv.MSeawallJoseMarti.doc 02- 459