HomeMy WebLinkAboutR-02-0790J-02-617
7/8/02 02- 790
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT OF TEMPORARY NON-
EXCLUSIVE ACCESS EASEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, A
POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA, TO GRANT THE RIGHT TO INGRESS AND
EGRESS THROUGH AND ACROSS AN APPROXIMATE
4,450 FOOT LONG PORTION OF CITY -OWNED
PERIMETER ROAD ADJACENT TO THE MIAMI-DADE
COUNTY WASTEWATER TREATMENT PLANT LOCATED ON
VIRGINIA KEY, AS SHOWN ON ATTACHED
"EXHIBIT A."
WHEREAS, Miami -Dade County, a political subdivision of the
State of Florida, ("Grantee") is working in cooperation with the
Federal Emergency Management Agency ("FEMA") and the State of
Florida Department of Community Affairs in the dredging of the
Miami -Dade County owned and maintained secondary canal system
(the "Project"); and
WHEREAS, the purpose of the Project is to restore the
canals to the condition prevailing prior to Hurricane Irene and
the No Name Storm of October, 2000; and
ATTACH MMIT
CONTAINED
CITY COMMSM
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WHEREAS, the Project will include the dredging of Comfort
Canal, which is located within the jurisdiction of the City of
Miami; and
WHEREAS, the successful completion of the Project will
result in improved flood protection for the County and the City;
and
WHEREAS, to accomplish the goals of the Project, Grantee
will be using the drying sludge beds located at the Miami -Dade
County Wastewater Treatment Plant located on Virginia Key to dry
the sediments resulting from the canal dredging; and
WHEREAS, to access the drying beds, the Grantee is
requesting a temporary ingress -egress access easement for the
transportation and delivery of the sediments resulting from the
canal dredging, through and across an approximate 4,450 foot
long portion of City -owned perimeter road adjacent to the
Miami -Dade County Wastewater Treatment Plant located on Virginia
Key; and
WHEREAS, Grantee at three years hence, at the earlier
conclusion of the Project's construction, shall return the area
shown on "Exhibit A" to a condition reasonably acceptable to the
City with all new construction and fixtures added by virtue of
this Grant of Easement to be the property of the City; and
WHEREAS, Grantee will not compromise the integrity of the
security or impede the operation of the City of Miami Composting
Page 2 of 4 02-- 790
Facility located adjacent to the drying beds at the Miami -Dade
County Wastewater Treatment Plant on Virginia Key; and
WHEREAS, Grantee will adhere to the standard operating
hours of the City of Miami Composting Facility which are Monday
through Friday, from 7:00 AM to 3:00 PM, unless prior
arrangements are made; and
WHEREAS, the Grant of Temporary Access Easement is for a
period not to exceed three years, which may be cancelled by
either party at any time by providing written notice to the
non -canceling party within ninety (90) days prior to the
effective date of cancellation;
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 authorized!' to execute a
Grant of Temporary Access Easement, in substantially the
attached form, with the Grantee, to grant the right to ingress
and egress through and across an approximate 4,450 foot long
portion of City -owned perimeter road adjacent to the Miami -Dade
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 02— 790
County Wastewater Treatment Plant located on Virginia Key, as
shown in attached "Exhibit A."
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.2/
PASSED AND ADOPTED this 9th
ATTEST:
PRIOCILLA A. THOMPSON
CITY CLERK
CORRECTNESS
17:YMT:smg:BSS
day of July 2002.
I/ANUEL A. DIAZ, May
zi 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-
790
9o
ACCESS EASEMENT GRANTED TO MIAMI-DADE COUNTY
STATE OF FLORIDA,
COUNTY OF MIAMI-DADE.
THIS INDENTURE, made this day of
Miami, a municipality of the State of Florida, (hereinafter referrer
County, a political subdivision of the State of Florida, (hereinafter
successors in interest.
20
to as the
referred tc
, between the City of
"City") and Miami -Dade
as the "County") and its
WHEREAS, the County in cooperation with the Federal Emergency Management Administration
(FEMA) and the Florida Department of Community Affairs is involved in the dredging of the County owned
and maintained secondary canal system for the purpose of restoring these canals to the conditions prevailing
prior to Hurricane Irene and the No Name Storm of October 2000. The successful completion of this project
will result in improved flood protection for the County and the City; and
WHEREAS, in order to accomplish the goals of said project, the County will be using the drying
sludge beds located at the Miami -Dade County Wastewater Treatment Plant located on Virginia Key for the
purpose of drying the sediments resulting from the canal dredging; and
WHEREAS, in order to facilitate access to the drying beds the County requires an ingress -egress
access easement through and across the perimeter road adjacent to the Virginia Key Wastewater Treatment
Plant for a period of time not to exceed three (3) years from the execution of this instrument. Said road is
under the control of the City; and
WHEREAS, the County will not compromise the integrity of the security or impede the operation of
the City of Miami Composting Facility located adjacent to the drying beds at the Miami -Dade County
Wastewater Treatment Plant on Virginia Key; and
WHEREAS, the County will adhere to the standard operating hours of the City of Miami
Composting Facility Monday thru Friday from 7:00 am to 3:00 pm, unless prior arrangements are made.
NOW, THEREFORE, to facilitate the implementation of the aforesaid project by the County the
City does hereby grant and convey to the County, for the purpose of a non-exclusive access easement and
purposes incidental th-reto, but for no other purpose, the road or property shown and outlined on the
attached Exhibit"A", all lying and situated in Section 16, Township 54 South, Range 42 East, Miami -Dade
County, State of Florida (the "Easement Area"); together with the right of the County and the County's
authorized agents under contract with the County to use said road or property in such a manner as may be
necessary for the operation of vehicles and equipment to be utilized in the transportation and delivery of the
sediments resulting from the canal dredging.
0- 790
The recitals set forth hereinabove are incorporated by reference herein as terms and conditions of
this Agreement.
1. At the expiration or cancellation of this Agreement the County shall return the area shown on
Exhibit "A" to a condition reasonably acceptable to the City, with all new construction and fixtures
added by virtue of this Grant of Easement to be the property of the City.
Any contractors utilized by the County in connection with activities undertaken in connection with
this Agreement shall: (1) indemnify the City for all loss, damage, liability, causes of action, claims,
and costs, including but not limited to reasonable attorney's fees and costs, incurred by the City as a
result of the negligent, willful or intentional acts or omissions of the contractor, its agents, and its
subcontractors in connection with any activities undertaken on the premises during the term of this
Agreement , including , without limitation, their use of the Easement Area, or their failure to
properly, and in compliance with applicable laws, repair or replace damage to the Easement Area;
(2) obtain comprehensive general liability insurance, and auto liability insurance in such form and
amount as approved by the County; and (3) list the City as additional insured under such
contractor's liability insurance. The County shall furnish the City's Risk Manager with certificates
of insurance evidencing the required insurance coverage, and (4) all contractors shall be certified
and obtain payment and performance bonds in such form and amount as approved by the County.
The County does hereby agree to indemnify and hold harmless the City to the extent and within the
limitations of Section 768.28, Fla. Stat., subject to the provisions of that Statute whereby the County
shall not be held liable to pay a personal injury or property damage claim or judgment by any one
person which exceeds the sum of $100,000, or any claim or judgments of portions thereof, which,
when totaled with all other occurrences, exceeds the sum of $200,000, form any and all personal
injury or property damage claims, liabilities, losses and causes of action which may arise solely as a
result of the negligence of the County, or of County's failure to comply with this Easement.
However, nothing herein shall be deemed to indemnify the City from any liability or claim arising
out of the negligent performance or failure of performance of the City or any unrelated third party.
4. This Agreement shall expire upon the completion of this canal restoration project or three (3) years
from the date provided, whichever date occurs first.
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understanding applicable to the matters contained herein; and the parties agree there
are no commitments, agreements, or understandings concerning the subject matter of this agreement
that are not contained in this document. It is further agreed that no modification, amendment or
alteration in the terms or condition contained herein shall be effective unless contained in a written
document executed with the same formality and equal dignity herewith.
2 02-- 790
6. Whenever either party desires to give notice to the other, such notice must be in writing sent by
certified United States mail, return receipt requested, addressed to the party for whom it is intended,
at the place last specified, until it has been changed by written notice in compliance with the
provision of this section. The parties designate the following addresses for giving notice.
For the City:
Laura Billberry, Director
City of Miami, Office of Asset Management
4.14 Southwest 2"d Avenue, 3'a Floor
Miami, Florida 33130
For the County:
Dorian K Valdes, Chief, Division of Recovery and Mitigation
Department of Environmental Resources Management
33 Southwest 2nd Avenue Ste. II00
Miami, Florida 33130-1540
7. Neither City nor County intend to directly or substantially benefit a third party to this agreement and
confirm there are no third party beneficiaries.
8. Either party may cancel this Agreement at any time by giving written notice to the non -canceling
party ninety (90) days prior to the effective date of the cancellation.
9. This Agreement may be terminated for cause, which shall include, but not be limited to, a breach or
multiple breaches of the provisions of this agreement, which are not cured within thirty (30) days of
a written notice to the breaching party stating the breaches, or defaults, which have occurred. The
termination shall be automatic and not require further action if such breach, default or breaches
continue to exist thirty (30) days following the giving of a notice stating intent to terminate.
10. This agreement shall be construed and interpreted under the laws of the State of Florida, including,
without limitation, the Florida Governmental Cooperation Act, Chapter 164, Florida Statutes. Venue
in any proceedings arising out of this Agreement shall be in Miami -Dade County, Florida. Each
party shall bear their own respective attorney's fees.
11. This Easement Agreement shall not be recorded in the public records of Miami -Dade County and
may not be assigned, in whole or in part.
12. The County shall be responsible for the compliance by its contractors, agents or servants with the
provisions of this Easeme-t Agreement.
13. The City reserves to itself, it's successors and assigns the full and free right to use, occupy, and
enjoy, and grant to others the right to use, occupy, and enjoy the surface, airspace and subsurface of
the Easement Area. Nothing contained herein shall be deemed a gift or a dedication of any portion
of the real property contained herein to the general public or for general public purposes, it being the
intention of the parties that this Easement be limited for the purposes herein expressed.
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This instrument was prepared by:
Elie Mehu, of the Department of
Environmental Resources Management
Miami -Dade County, Florida
33 S.W. 2 Avenue
Miami, Florida 33130-154
All of the provisions hereof shall enure to the benefit of the heirs, executors, administrators and
assigns and the successors in interest of the respective parties.
IN WITNESS WHEREOF, Miami -Dade County, Florida, has caused this Agreement
to be executed in its name by the County Manager or his designee, attested by the Clerk of the
Board of County Commissioners and has caused the seal of the Board of County Commissioners to
be hereto attached; and the City of Miami, Florida has caused this Agreement to be executed in its
name by the City Mayor or his designee, attested by the Clerk of the City Council and has caused
the seal of the Council to be hereto attached, all on the day and year first written above.
CITY OF MIAMI, FLORIDA
By:
Carlos A. Gimenez
City Manager
ATTEST:
By:
Priscilla A. Thompson
City Clerk
APPROVED TO FORM AND CORRECTNESS:
so
Alejandro Vilarello
City Attorney
MIAMI-DADE COUNTY, FLORIDA
BY IT'S BOARD OF
COUNTY COMMISSIONERS
By:
Steve Shiver
County Manager
ATTEST:
By:
APPROVED TO FORM AND CORRECTNESS:
as
Peter Tell
County Attorney
4 9.2- 790
EXHIBIT "A"
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DADE COUNTY DEPARTMENT OF
�2""' ENVIRONMENTAL RESOURCES Virginia Key
MANAGEMENT
PATH OF REQUEST
L EASEMENT BY DAI
PwAcr Na. PRW.No I Ulm
WAWMG No. DWo.No OF SI
CITY OF MIAMI, FLORIDA CA=6
INTER -OFFICE MEMORANDUM
TO:
The Honorable Mayor and Members
of the City Commission
RECOMMENDATION:
DATE : JUN 2 8 2002 FILE:
SUBJECT: Access Easement for the use
of the Perimeter Road Adjacent
to Virginia Key Wastewater
Treatment Plant
REFERENCES:
ENCLOSURE -S: Resolution,
Grant of Temporary Access Easement
The administration recommends that the City Commission adopt the attached Resolution authorizing the
City Manager to execute a Grant of Temporary Access Easement, in substantially the attached form, with
Miami -Dade County, a political subdivision of the State of Florida, for the purpose of granting the right
to ingress and egress through and across an approximately 4,450 foot long portion of City -owned
perimeter road adjacent to the Miami -Dade County Wastewater Treatment Plant located on Virginia Key,
as shown in Exhibit "A" attached hereto and made a part hereof.
BACKGROUND:
Miami -Dade County, a political subdivision of the State of Florida, ("Grantee"), is working in
cooperation with the Federal Emergency Management Administration ("FEMA") and the Florida
Department of Community Affairs in the dredging of the County -owned and maintained secondary canal
system (the "Project"). The purpose of this Project is to restore these canals to the condition prevailing
prior to Hurricane Irene and the No Name Storm of October 2000. The Project will include the dredging
of Comfort Canal, which is located within the jurisdiction of the City of Miami. The successful
completion of this Project will result in improved flood protection for the County and the City.
In order to accomplish the goals of said Project, the Grantee will use drying sludge beds located at the
Miami -Dade County Wastewater Treatment Plant located on Virginia Key for the purpose of drying
sediments resulting from canal dredging. In order to access the drying beds, the Grantee is requesting an
ingress -egress access easement for the transportation and delivery of sediments resulting from canal
dredging, through and across approximately a 4,450 -foot long portion of City -owned perimeter road
adjacent to the Miami -Dade County Wastewater Treatment Plant located on Virginia Key. Grantee at the
expiration or cancellation of this Agreement shall return the area shown on Exhibit "A" to a condition
reasonably acceptable to the City with all new construction and fixtures added by virtue of this Grant of
Easement to be the property of the City. Grantee will not compromise the integrity of the security or
impede the operation of the City of Miami Composting Facility located adjacent to the drying beds at the
Miami -Dade County Wastewater Treatment Plant on Virginia Key. Grantee will adhere to the standard
operating hours of the City of Miami Composting Facility Monday thru Friday, from 7:00 am to 3:00 pm,
unless prior arrangements are made. The Grant of Temporary Access Easement is for a period not to
exceed three years, which either party may cancel at any time by giving written notice to the non -
canceling party within ninety (90) days prior to the effective date of cancellation.
Financial Impact:
There is no financial impact to the City.
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