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HomeMy WebLinkAboutR-01-0489J-01-389 5/23/01 0 RESOLUTION NO. u 01- 489 A RESOLUTION OF THE MIAMI. CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 01-227 IN ITS ENTIRETY AND AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE. AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH LANZO CONSTRUCTION CO., FLORIDA ("LICENSEE") FOR THE USE OF APPROXIMATELY 3.74 ACRES OF VACANT LAND LOCATED AT VIRGINIA KEY, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", FOR THE STORAGE OF EQUIPMENT AND NON -HAZARDOUS CONSTRUCTION MATERIAL, AT A MONTHLY FEE OF $1,939.32 PLUS FLORIDA SALES TAX, AND AT ALL TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT. WHEREAS, Resolution No. 01-227, adopted March 8, 2001, authorized the City Manager to execute a Revocable License Agreement with Lanzo Construction Co., Florida ("Licensee") for the use of 3.74 acres of City -owned vacant land located at Virginia Key for the purpose of storage of equipment and non- hazardous construction material, at a monthly fee of $2,502.38 plus Florida Sales Tax; and WHEREAS, subsequent to the No. 01-227, a portion of Licensee's CONTAPNED 6Qaim adoption of Resolution inventory was sold on CIYY C0 811:1n PSWING Or MAY 2 4 2001 01- 489 0 • August 18, 2000, to United Contractors & Engineering Corporation; and WHEREAS, it is appropriate to rescind Resolution No. 01-227 in its entirety and to execute a new Revocable License Agreement between the City and Licensee to properly reflect the area of land Licensee currently occupies; and WHEREAS, Licensee expects to have all equipment and non- hazardous construction material removed by July 31, 2001; 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. Resolution No. 01-227, adopted March 8, 2001, is rescinded in its entirety. Section 3. The City Manager is authorize&& to execute a Revocable License Agreement ("Agreement"), in substantially the attached form, with Lanzo Construction Co., Florida for the use of approximately 3.74 acres of vacant land located at Virginia Key, as more particularly described in "Exhibit A", for storage of equipment and non -hazardous construction material, at a -'� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but riot limited to those prescribed by applicable City Charter and Code provisions. Page 2 of 3 © ,1. - 489 monthly fee of $1,939.32 plus sales tax, and at all terms and conditions as more particularly set forth in the Agreement. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED this 24th day of May , 2001. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2.36, since the Mayor did not Indicate approval of V ',-iislation by signing it in the designated place provided, said legislatir iwcuinua affective with the ©lapse of ten (10) days from thei-oman, xClerk rogarding same, without the Mayor erxerc a o. ATTEST: WALTER J. FOEMAN CITY CLERK APPROVaMO%,S TO FORM CORRECTNESS :6`0 LAR A 292:db:LB:BSS 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 chis Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 01— 4pg 0 0 1. Purpose. i Oi" 1 2. Occupancy And Use Period. 2 3. Interest Conferred By This Agreement. 2 4. Use Fee. 3 5. Late Fee. 3 6. Returned Check Fee. 4 7. Security Deposit. 4 8. Increase Of Security. 5 '9. Adjustment To Monthly Fee And Security.. 5 10. Utilities. 6 11. Condition Of The Area. 6 12. Alterations, Additions or Replacements. 6 13. Violations, Liens And Security Interests. 7 14. City Access To Facility. 7 15. Indemnification And Hold Harmless. 8 16. Hazardous Materials. 8 17. Insurance. 9 18. No Liability. 11 19. Taxes and Fees. 11 20. Cancellation By Request Of Either Of The Parties Without Cause. 12 21. Termination By City Manager For Cause. 12 22. Notices. 12 23. Advertising. 13 24. Ownership Of Improvements. 13 25. Surrender Of Area. 14 26. Default By Licensee. 14 27. Severability. 15 28, No Assignment Or Transfer. 15 29. Nondiscrimination. 1S 30. Affirmative Action. 15 489 rob � ..� �, r ys�T ���-s S �' yy w+� p3. iri�'�r.� ,ar+.� h >:, ,�{x '3 K'• �. T '`'M ; �' frx,5 s §';'�, d¢ 11 " r 01� s 31. Minority/Women Business Utilization. 3Z. Waiver Of Jury Trial. 33. Nonwalver Of Default. 1'A 34. Amendments And Modificallow. 33. Compliance With All Applicable 36. Captions. 37. Interpretation. 38. Entire Agreement. '39. Approval By The Oversight Board. Signature Page f ExMblt A "The Area." st v t, a Y.. } t''dfy h �, % ui'�..�..4" ••; yup yt a: "f. "^��-i M1i+ �'�t � 1 j � g i ['',`~ .w�� piY r's. Yui iG< Y faufl?'. }sy ,E +Ij.`..b�: ...'e. •$,aT? K i Ip3$ rob � ..� �, r ys�T ���-s S �' yy w+� p3. iri�'�r.� ,ar+.� h >:, ,�{x '3 K'• �. T '`'M ; �' frx,5 s §';'�, d¢ 11 " r 01� 0 • REVOCABLE LICENSE AGREEMENT This Revocable License Agreement (the "Agreement") is made this —day of 2001, between the City of Miami (the "City") a municipal corporation of the State of Florida and Lanzo Construction Co.. Florida, a Florida corporation (the "Licensee"). WHEREAS, Licensee was hired by Miami -Dade County for the purpose of constructing the sewer outfall line at Virginia Key; and WHEREAS, Licensee has completed its work for Miami -Dade County but has construction materials and equipment stored on approximately 3.74 acres on Virginia Key; and WHEREAS, Licensee is in the process of disposing of said materials and equipment and is requesting permission to continue storing same during said disposal period in order to avoid the high cost of relocating the materials and equipment twice; and WHEREAS. Licensee anticipates completing its disposal by July 31, 2001; and WHEREAS, in order to carry out the intent as expressed herein and in consideration of the mutual agreements subsequently contained, City and Licensee agree as follows: 1. Purpose. The City is the owner of a parcel of vacant land consisting of approximately 3.74 acres located on Virginia Key, and depicted in Exhibit A attached licreto and made a part hereof (the "Area"). The City has determined that the Area is not needed at this time by any of the City's offices or departments. The licensee wishes to use the Area to continue to store the non- hazardous construction materials and equipment presently on the site until such time as Licensee is able to dispose of said materials and equipment (the "Permitted Use"). The City is willing to assist the Licensee by temporarily authorizing the Licensee to occupy and use the Area for the Permitted Use, under the conditions hereinafter set forth. Any use of the Area not authorized under the Permitted Use must receive the prior written consent of the City Manager, which consent may be withheld or conditioned for any or no reason, including, but not limited to additional financial consideration. Page I of 20 01- 489 filmE�Y 0 0 Licensee may from time to time, uper3 pFeYi13tflg—ten{444 daps -advance it ay request that the size of the Arca be recalculated to reflect decreased storage requirements as Licensee disposes of the materials and equipment. Licensee shall provide ten (10) calendar days advance written notice to the City Manager when exercising this right to reduce the Area and shall provide a scale drawing depicting the portion of the Area that Licensee will continue to occupy. After expiration of ten (10) calendar days from City's receipt of the written notice, and subject to the City's determination of the size of the remaining occupied area, the Monthly Use Fee, as defined herein, shall be reduced in accordance with the rate set forth in paragraph four commencing the first day of the following month. 2. Occupancy And Use Period. This Agreement shall commence as of September 1, 2000 (the "EtT'ectivc Date") and shall continue on a month-to-month basis until the first to occur of the following: (a) Cancellation or termination by the express written agreement of the parties hereto; or (b) Cancellation or termination by request of either of the parties hereto, subject to the notice provisions of Paragraph 20, "Cancellation By Request Of Either Of The Parties Without Cause;" or (c) Cancellation pursuant to Paragraph 21, "Termination By City Manager For Cause," 3. Interest Conferred By. This Agreement. Licensee agrees that this Agreement has been issued by the City to authorize Licensee to occupy the Area solely for the limited purpose of the Permitted Use and no other purpose. The parties hereby agree that the provisions of this Agreement do not constitute a lease and the rights of Licensee hereunder are not those of a tenant but are a mere personal privilege to do certain acts of a temporary character and to otherwise use the Area subject to the terms of this Agreement. No leasehold interest in the Area is conferred upon Licensee under the provisions hereof and Licensee does not and shall not claim at any time any leasehold estate or ownership interest in the Area by virtue of this Agreement or its use of the Area hereunder. Additionally, Licensee does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Area by virtue of any expenditure of funds by the Licensee for improvements, Page 2 of 20 01- 489 construction, repairs, partitions, or alterations to the Arca even if such improvements, construction, repairs, partitions, or alterations are authorized by the City. 4. Use Fee. In consideration of this Agreement. Licensee agrees to pay a use fee (the "Monthly Use Fee") to the City, for each month, or portion thereof, that Licensee uses or occupies the Area. Based on the current occupied area of 3.74 acres, the current Monthly Use Fee is ONE. THOUSAND NINE HUNDRED THIRTY NINE AND TIIIR'I'Y=I'WO CENTS (51.939,32), plus State Use Tax, if applicable. Simultaneously with the execution of this Agreement, Licensee shall ony to the City the Monthly Use Fees for the seven month oerind from Scatember 1. 2000 through May 31, 2001 totaling SEVENTEEN THOUSAND FOUR HUNDRED FIFTY THREE AND EIGHTY -EIGHTY CENTS (the •'initial Payment"). Beginning June 1, 2001 and continuing each month thereafter, Licensee shall pay the Monthly Use Fee in advance and in full on the first day of each month, without notice or demand. Payments shall be rnade payable to "City of Miami" and shall be mailed to Finance Department, 444 S.W. 2nd Avenue, 61h Floor, Miami, Florida 33130, or such other address as may be designated from time to time. If Licensee exercises the right to request that the size of the Area be recalculated as equipment and materials are removed, the new Monthly Use lee shall be determined by multiplying the remaining occupied Area (as determined by the City) by FIVE HUNDRED NINETEEN DOLLARS AND SEVENTY-FIVE CENTS ($519.75) per acre or portion thereof (the "Efate"). Provided, however that the Rate shall be increased by live percent (5%) on each Anniversary Date as defined in paragraph 9 below. 5. Late Fee. In the event City does not receive any installment of the Monthly Use Fee within five days of the date in which it was due, Licensee shall pay to City a late charge in an amount equal Page 3 of 20 489q to five percent (5%) of the Monthly Use Fee. Such late fee shall constitute additional fees due and payable to City by Licensee upon the date of payment of the delinquent payment referenced above. Acceptance of such late charge by City shall, in no event, constitute a :waiver of Licensee's violations with respect to such overdue amount nor prevent City from the pursuit of any remedy to which City may otherwise be entitled. 6. Returned Check Fee. In the event -uiy check is returned to the City as uncollectible, the Licensee shall pay to City a returned check fee (the "Returned Check Fee") based on the following schedule: Returned Amount Returned Check Fee $00.01 - 50.00 $20.00 $50.01 - 300.00 $30.00 $300.01 - 800.00 $40.00 OVER $800 5% of the returned amount. The Returned Check Fee shall constitute additional fees due and payable, to City by Licensee, upon the date of payment of the delinquent payment referenced above. Acceptance of Returned Check lee by City shall, in no event, constitute a waiver of Licensee's violations with respect to such overdue amount nor prevent City from the pursuit of any remedy to which City may otherwise be entitled. 7. Security Deposit. Simultaneously with the execution of this Agreement, the Licensee shall deposit with City the sum of FIVE THOUSAND EIGHT HUNDRED SEVENTEEN AND NINETY-SIX CENTS ($5.817.96) (the "Security") as guarantee for the full and faithful performance by Licensee of all obligations of Licensee under this Agreement or in connection with this Agreement. if Licensee is in violation beyond any applicable notice or cure period, the City may use, apply or retain all or any part of the Security for the payment of (i) any fee or other sum of money which Licensee was obligated to pay but did not pay, (ii) any sum expended by City on Page 4 of 20 O i ta 489 IIS Licensee's behalf in accordance with the; provisions of this Agreement, or (iii) any sum which City may expend or be required to expend as a result of Licensee's violation. The use, application or retention of the Security or any portion thereof by City shall not prevent City from exercising any other right or remedy provided for under this Agreement or at law and shall not limit any recovery to which City may otherwise be entitled. At any time or times when City has made any such application of all or any part of the Security Deposit, the Licensee shall deposit the sum or sums equal to the amounts so applied by City within ten (10) calendar days of written notice by the City of such application. Provided Licensee is not in violation of this Agreement, the Security or balance thereof, as the case may be, shall be returned to Licensee upon the termination of this Agreement or upon any later date after which Licensee has vacated the Area in the same condition or better as existed on the Effective Date, ordinary wear and tear excepted. Upon the return of the Security (or balance tuereof) to the Licensee, City shall be completely relieved of all liability with respect to the Security. Licensee shall not be entitled to receive any interest on the Security. 8. Increase Of Security. If Licensee is in violation under this Agreement more than two (2) times within any twelve (12) month period, irrespective of whether or not such default is cured, then, without limiting City's other rights and remedies provided for in this Agreement, or at law or equity, the Security shall automatically be increased by three (3) times the Security then required to be in place. Licensee shall pay this increase to City forthwith on demand. 9. Adjustment To Monthly Fee And Security. Commencing with the Monthly Use Fee due on September 1, 2001, and on each September I thereafter (the "Anniversary Dates)"), the Monthly Use Fee shall be increased by five percent (5%). Commencing September 1, 2001, and on each September 1 thereafter, the Security shall be increased by five percent (5%) of the amount required to have been on deposit the previous year. On each Anniversary Date the Licensee shall remit payment to the City for the increased amount of the Security. Nothing in this paragraph, or this agreement, shall be construed to grant Licensee the right to use or occupy the Area for a term greater than on a month-to-month basis. Page s of 20 oi-- 480 10. Utilities. Licensee shall pay for all utilities and services, including but not limited to, electricity, water, storm water fees, gas, telephone, garbage and sewage disposal used by Licensee during its occupancy of the Area, as well as all costs for installation of any necessary lines and equipment. Licensee, at its sole cost, shall install all utilities required for its use, install separate utility meters, and shall be billed directly by the applicable utility company for such services. In the event that the City is billed for any utility or service that is a result of Licensee's use of the Area, the Licensee shall reimburse such amount to the City within five (5) calendar days of notification of the City's receipt of said bill. 11. Condition Of The Area. Licensee accepts the Area "as is", in its present condition and state of repair and without any representation by or on behalf of City, and agrees that City shall, under no circumstances, be liable for any latent, patent or other defects in the Area. Licensee, at its sole cost, shall maintain the Area in good order and repair at all times and in an attractive, clean, safe and sanitary condition and shall suffer no waste or injury thereto. Licensee shall be responsible for all repairs to the Area required or caused by Licensee's use of any part thereof. Licensee agrees to make all changes necessary to the Area at Licensee's sole cost and expense in order to comply with all City, County, State and Federal code requirements for Licensee's use or occupancy thereof. 12. Alterations, Additions Or Replacements. Except in the event of an emergency, Licensee shall not make any repair or alteration required or permitted to be performed by Licensee without first receiving the written approval of the City Manager, which approval may be conditioned or withheld for any or no reason whatsoever. If City approves such request, no repair or alteration shall be commenced until plans and specifications therefore shall have been submitted to and approved by the City Manager. In the event of an emergency, Licensee may reasonably proceed to perform such repair work and shall immediately notity City of such work. Pop 6 of 20 01— O g g 13. Violations, Liens And Security Interests. Licensee, at its sole expense and with due diligence and dispatch, shall secure the cancellation, discharge, or bond off in the manner permitted by law, all notices of violations arising from, or otherwise in connected with, Licensee's improvements, use, occupancy, or operations in the Area which shall be issued by any public authority having or asserting jurisdiction. Licensee shall promptly pay its contractors, subcontractors, and materialmen for all ' work and labor done at Licensee's request. Should any lien, claim, or encumbrance be asserted or filed, Licensee shall bond against or discharge the same regardless of validity, within ten (10) calendar days of Licensee's receipt of notice of the filing of said lien, claim, or encumbrance. In the event Licensee fails to remove or bond against said lien or claim in the full amount stated, the City without obligation to do so, may bond, settle, or otherwise remove such lien or claim and Licensee shall pay the City upon demand any amounts paid out by City to extinguish such claim or lien, including City's costs, expenses, and reasonable attorneys' fees. Licensee further agrees to hold City harmless from and to indemnify the City against any and all claims, demands and expenses, including attorney's fees, of any contractor, subcontractor, materialman, laborer or any other third person with whom Licensee has contracted or otherwise is found liable, in respect to the Area. Nothing contained in this Agreement shall be deemed, construed or interpreted to imply any consent or agreement on the part of City to subject the City's interest or estate to any liability under any mechanic's or other lien asserted by any contractor, subcontractor, materialman or supplier against any part of the Area or any of the improvements thereon. All contracts, subcontracts, purchase orders, or other agreements involving the Area shall provide for the waiver of any lien rights in the Area and provide that the contracting party agrees to be bound by such provision and include the waiver provision in any subagreement. 14. City Access To Facility. City and its authorized representative(s) shall at all times have access to the Area. The City shall have access to and entry into the Area at any time to (a) inspect the Area, (b) to perform any obligations of Licensee hereunder which Licensee has failed to perform after written notice thereof to Licensee, Licensee not having cured such matter within ten (10) calendar days Page 7 of 20 01— 489 :IIIIII:$i: • of such notice, (c) to assure Licensee's compliance with the terms and provisions of this Agreement and all applicable laws, ordinances, rules and regulations, (d) to show the Area, to prospective purchasers or tenants, and (e) for other purposes as may be deemed necessary by the City Manager in the furtherance of the City's corporate purpose; provided, however, that City shall make a diligent effort to provide at least 24 -hours advance notice and Licensee shall have the right to have one or more of its representatives or employees present during the time of any such entry. The City shall not be liable for any loss, cost or damage to the Licensee by reason of the exercise by the City of the right of entry described herein for the purposes listed above. The `making of periodic inspection or the failure to do so shall not operate to impose upon City any liability of any kind whatsoever nor relieve the Licensee of any responsibility, obligations or liability assumed under this Agreement. 15. Indemnification And Hold Harmless. The Licensee shall indemnify, hold harmless and defend the City from and against any and all claims, suits, actions, damages or causes of action of whatever nature, for any personal injury, loss of life or damage to property sustained in or on the Area, by reason of or as a result of Licensee's use or operations thereon, and from and against any orders, judgments or decrees which may be entered thereon, and from and against all costs, attorney's fees, expenses and liabilities incurred in and about the defense of any such claims and the investigation thereof; provided, however, Licensee shall not be liable for the gross negligence or intentional misconduct of the City. 16. Hazardous Materials The Licensee shall, at its sole cost and expense, at all times and in all respects comply with all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders, administrative actions and administrative orders ("Hazardous Materials Laws"), including, without limitation, any Hazarduus Material Laws relating to industrial hygiene, environmental protection or the use, storage, disposal or transportation of any flammable Page 8 of 20 01— 489 explosives, toxic substances or other hazardous, contaminated or polluting materials, substances or wastes, including, without limitation, any -hazardous Substances", "Hazardous Wastes", "Hazardous ;Materials" or "Toxic Substances, under any such laws, ordinances or regulations (collectively "Hazardous Materials"). The Licensee shall, at its sole cost and expense, procure, maintain in effect, and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to the presence of hazardous Materials within, on, under or about the Area required for the Licensee's usc, or storage of, any Hazardous Materials in or about the Area in conformity with all applicable hazardous Materials Laws and ' prudent industry practices regarding management of such Hazardous Materials. Upon termination or expiration of this Agreement, the Licensee shall, at its sole cost and expense, cause all Hazardous Materials, including their storage devices, placed in or about the Area by the Licensee or at the Licensee's direction, to be removed from the Area and transported for use, storage or disposal in accordance and compliance with all applicable Hazardous Materials Laws. The City acknowledges that it is not the intent of this Article to prohibit the Licensee from operating in the Area for the uses described in the Section of this Agreement entitled "Purpose". The Licensee may operate according to the custom of the industry so long as the use or presence of Hazardous Materials is strictly and property monitored according to, and in compliance with, all applicable governmental requirements. The requirements of this Section of the Agreement shall survive the expiration or termination of this Agreement. 17. Insurance. Licensee, at its sole cost, shall obtain and maintain in full force and effect at all times throughout the period of this Agreement, the following insurance coverage: A. Commercial General liability insurance on a Comprehensive General liability coverage farm, or its equivalent, including premises, operations and contractual coverage's against all claims, demands or actions for bodily injury, personal injury, death or property damage occurring in or about the Area with such limits as may be reasonably requested by the City from time to time but not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage. The City and the State shall be named as Additional Insured page 9 of 20 o t 489 • 0 on the policy or policies of insurance and the Area shall be added as a scheduled premise to the policy or polices. B. Automobile liability insurance covering all owned, non -owned and hired vehicles used in conjunction with operations covered by this agreement. The policy or policies of insurance shall contain a combined single limit of at least $500,000 for bodily injury and property damage. The requirements of this provision may, at the City's sole discretion, be waived upon submission of a written statement from Licensee that no automobiles are used to conduct business. C. Worker's Compensation in the form and amounts required by State law. D. The City of Miami, Department of Risk Management. reserves the right to amend the insurance requirements by the issuance of a notice in writing to Licensee. The Licensee shall provide any other insurance or security reasonably required by the City. E. The policy or policies of insurance required shall be so written that the policy or policies may not be canceled or materially changed without thirty (30) days advance written notice to the City. Said notice should be delivered to the City of Miami, Department of Risk Management, 444 SW 2 Avenue, 91" Floor, Miami, Florida 33130, with copy to City of Miami, Office of Asset Management, 444 SW 2 Avenue, 3`d Floor, Miami, Florida 33130, or such other address that may be designated from time to time. F. A current Fvidence and Policy of Insurance evidencing the aforesaid required insurance coverage shall be supplied to the Office of Asset Management at the commencement of the term of this Agreement and a new Evidence and Policy shall be supplied at least twenty (20) days prior to the expiration of each such policy. Insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications as to management and financial strength: the company should be rated "A" as to management, and no less than class "X" as to financial strength, in accordance with the latest edition of Best's Key Rating Guide, or the company holds a valid Florida Certificate of Authority issued by the State of Florida, Department of Insurance, and is a member of the Florida Guarantee Fund. Receipt of any documentation of insurance by the City or by any of its representatives, which indicates less coverage than required, does not constitute a waiver of the Licensee's obligation to fulfill the insurance requirements contained herein. Page 10 of 20 out 0II.M.f 01- 489 In the event Licensee shall fail to procure and place such insurance, the City may, but shall not be obligated to, procure and place same, in which event the amount of the premium paid shall be paid by Licensee to the City as an additional fee upon demand and shall in each instance be collectible on the first day of the month or any subsequent month following the date of paytnent by the City. Licensee's failure to procure insurance shall in no way release Licensee from its obligations and responsibilities as provided herein. 18. No Liability. In no event shall the City be liable or responsible for injury, loss or damage to the property, improvements, fixtures and/or equipment belonging to or rented by Licensee, its officers, agents, employees, invitees or patrons occurring in or about the Area that may be stolen, destroyed, or in any way damaged, including, without limitation, fire, flood, steam, electricity, gas, water, rain, vandalism or theft which may leak or flow from or into any part of the Area, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the Area, or from hurricane or any act of God or any act of negligence of any user of the facilities or occupants of the Area or any person whomsoever whether such damage or injury results from conditions arising upon the Area or from other sources. Licensee indemnifies the City its officers, agents and employees from and against any and all such claims even if the claims, costs, liabilities, suits, actions, damages or causes of action arise from the negligence or alleged negligence of the City, including any of its employees, agents, or officials, Licensee further acknowledges that as lawful consideration for being granted the right to utilize and occupy the Area, Licensee, on behalf of himself, his agents, invitees and employees, does hereby release from any legal liability the City, its officers, agents and employees, from any and all claims for injury, death or property damage resulting from Licensee's use of the Area, 19. Taxes and Fees. Page I I of 20 01- 489 711111E -3'P • Licensee shall pay before any fine, penalty, interest or cost is added for nonpayment, any and all charges, fees, taxes or assessments levied against the Area, or against any occupancy interest or personal property of any kind, owned by or placed in, upon or about the Area by Licensee, including, but not limited to, ad valorem taxes, fire fees, and parking surcharges. In the event Licensee appeals a tax or fee, Licensee shall immediately notity City of its intention to appeal said tax or fee and shall furnish and keep in effect a surety bond of a responsible and substantial surety company reasonably acceptable to City or other security reasonably satisfactory to City in an amount sufficient to pay one hundred percent of the contested tax together with all interest, costs and expenses, including reasonable attorneys' tees, expected to be incurred. 20. Cancellation By Request Of tither Of The Parties Without Cause. Either party may cancel this Agreement at any time by giving thirty (30) calendar days written notice to the non -canceling party prior to the effective date of the cancellation (the "Notice Period"). 21. Termination By City Manager For Cause. If, at the sole and complete discretion of the City, Licensee in any manner violates the restrictions and conditions of this Agreement, then, and in the event, after ten (10) calendar days written notice given to Licensee by the City Manager within which to cease such violation or correct such deficiencies, and upon failure of Licensee to do so after such written notice within said ten (10) day period, this Agreement shall be automatically canceled without the need for further action by the City. 22. Notices. All notices or other communications which may be given pursuant to this Agreement shall be in writing and shall be deemed properly served if delivered by personal service or by certified mail addressed to City and Licensee at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier: Page 12 of 20 01- 489 • CITY OF MIAMI City of Miami Office of the City Manager 444 SW 2 Avenue, IOa' Floor Miami, FL 33130 WITH A COPY TO City of Miami Office of Asset Management 444 SW 2 Avenue, Suite 325 Miami, Fl. 33130 23. Advertising. • LICENSEE Mr. Victor J. Monzon-Aguirre Lanzo Construction Co., Florida 1900 NW 44 Street Pompano Beach, FL 33064 Licensee shall not permit any signs, decoration, or advertising matter to be placed either in the interior or upon the exterior of the Area without having first obtained the approval of the Director of Asset Management or his/her designee, which approval may be withheld for any or no reason, at his sole discretion. Licensee shall, at its .role cost and expense, install, provide, maintain such sign, decoration, advertising matter or other things as may be permitted hereunder in good condition and repair at all times. Licensee must further obtain approval from all governmental authorities having jurisdiction, and must comply with all applicable requirements set forth in the City of Miami Code and Zoning Ordinance. Upon the cancellation of this Agreement, Licensee shall, at its sole cost and expense, remove any sign, decoration, advertising matter or other thing permitted hereunder from the Area. If any part of the Area is in any way damaged by the removal of such items, said damage shall be repaired by Licensee at its sole cost and expense. Should Licensee fail to repair any damage caused to the Area within ten (10) days after receipt of written notice from City directing the required repairs, City shall cause the Area to be repaired at the sole cost and expense of Licensee. Licensee shall pay City the full cost of such repairs within five (5) days of receipt of an invoice indicating the cost of such required repairs. Licensee hereby understands and agrees that the City may, at its sole discretion, erect or place upon the Area an appropriate sign indicating City's having issued this Agreement. Page 13 of 20 r� . 01- 489 24. Ownership Of Improvements. As of the Effective Date and throughout the Use Period, title to the Area and all buildings and improvements thereon shall be vested in City. Furthermore, title to all Alterations made in or to the Area, whether or not by or at the expense of Licensee, shall, unless otherwise provided by written agreement, immediately upon their completion become the property of the City and shall remain and be surrendered with the Area, 25. Surrender Of Area. In event of cancellation pursuant to paragraph 20, "Cancellation By Request Of Either Of The Parties Without Cause," or paragraph 21, ""Termination 13y City Manager For Cause," at the expiration of the Notice Period, Licensee shall peacefully surrender the Area broom clean and in good condition and repair together with all alterations, fixtures, installation, additions and improvements which may have been made in or attached on or to the Area. Upon surrender, Licensee shall promptly remove all its personal property, trade fixtures and equipment and Licensee shall repair any damage to the Arca caused thereby. Should licensee fail to repair any damage caused to the Area within ten (10) days after receipt of written notice from City directing the required repairs, City shall cause the Area to be repaired at the sole cost and expense of Licensee. Licensee shall pay to the City the full cost of such repairs within five (5) calendar days of receipt of an invoice indicating the cost of such required repairs. At the City's option, City may require Licensee, at Licensee's sole cost and expense, to restore the Area to a condition acceptable to the City. In the event Licensee fails to remove its personal property, equipment and fixtures from the Area within the time limit set by the notice, said property shall be deemed abandoned and thereupon shall become the sole personal property of the City. The City, at its sole discretion and without liability, may remove and/or dispose of same as City sees fit, all at Licensee's sole cost and expense. 26. Default by Licensee. In the event licensee is in default of the terms of this Agreement the City shall have all remedies available to it at law or in equity. In the event that Licensee fails to peacefully Page 14 of 20 0 489 surrender the Area at the expiration of the Notice Period provided in paragraph 20, "Cancellation By Request Of Either Of The Parties Without Cause," or as provided in paragraph 21, "Termination By City Manager For Cause," after delivery of a notice of cancellation of the Agreement by the City (the "City Notice"), then the City shall, in addition to all other remedies, be entitled to collect from the Licensee and Licensee shall pay to the City, a per diem fee of One Thousand Dollars ($1,000.00) for each day that Licensee remains in the Area in violation of this Agreement (the "Per diem Fee"). Acceptance of the Per diem Fee by City shall, in no event, constitute a waiver of the City's rights under this Agreement and shall not prevent the City from pursuing all other remedies to which is entitled including but not limited to the right to seek injunctive relief to eject Licensee from the Area. 27. Severability. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unlawful, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, and the same may be deemed severable by the City, and in such event, the remaining terms and conditions of this Agreement shall remain unmodified and in full force and etTect. 28. No Assignment or Transfer. The License may not assign or transfer this Agreement or any portion of any privilege of occupancy and/or use granted by this Agreement. 29. Nondiscrimination. Licensee shall not discriminate as to race, color, religion, sex, national origin, age, disability or marital status in connection with its occupancy and/or use of the Area and improvements thereon. 30. Affirmative Action. Page 15 of 20 O i -o ,� 0 • Licensee shall have in place an Affirmative Action/Equal Employment Opportunity Policy and shall institute a plan for its achievement which will require that action be taken to provide equal opportunity in hiring and promoting for women, minorities, the disabled and veterans. Such plan will include a set of positive measures which will be taken to insure nondiscrimination in the work place as it relates to hiring, firing, training and promotion. In lieu of such a policy/plan, Licensee shall submit a Statement of Assurance indicating that their operation is in compliance with all relevant Civil Rights laws and regulations. 31. Minority/Women Business Utilization. Licensee shall make every good faith effort to purchase/contract fifty-one percent (51%) of its annual goods and services requirements from Hispanic, Black and Women businesses/professionals registcred/certified with the City Office of Minority/Women Business Affairs. The City will make such lists available to the Licensee at the time of the issuance of the Agreement and the City's Office of Minority/Women Business Affairs will routinely provide updates. 32. Waiver Of Jury Trial. The parties hereby knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury in respect of any action, proceeding or counterclaim based on this Agreement, or arising out of, under or in connection with this Agreement or any amendment or modification of this Agreement, or any other agreement executed by and between the parties in connection with this Agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any parry hereto. This waiver of jury trial provision is a material inducement for the City and Licensee entering into the subject transaction. 33. Nonwaiver of Default Any failure by the City at any time or from time to time to enforce and require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions at any future time and shall not prevent the City from Page 16 of 20 A O g insisting on the strict keeping and performance of such terms or conditions at any later time. No waiver of any right hereunder shall be effective unless in writing and signed by the City. 34. Amendments And Modifications. No amendments or modifications to this Agreement shall be binding on either party unless in writing, signed by both parties and approved by the City Manager. The City Manager is authorized to amend or modify this Agreement as needed. 35. Compliance with All Applicable Laws. The Licensee accepts this Agreement and hereby acknowledges that Licensee's strict compliance with all applicable federal, state and local laws, ordinances and regulations is a condition of this Agreement, and the Licensee shall comply therewith as the same presently exist and as they may be amended hereafter. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida regardless of any conflict of law or other rules which would require the application of the laws of another jurisdiction 36. Captions. Title and paragraph headings are for convenient reference and are not a part of this Agreement. 37. Interpretation. This Agreement is the result of negotiations between the parties and has been typed/printed by one party for the convenience of both parties. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terns hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. 38. Entire Agreement. Page 17 of 20 01. 489 This instrument and its attachments constitute the sole and only agreement of the parties hereto and correctly sets forth the rights, duties and obligations of each to the other as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect. 39. Approval By The Oversight Board. The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board")..which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as the Oversight Board has approved them. Attestation of this Agreement by the City Clerk shall constitute evidence of approval by the Oversight Board. IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and year first above written. ATTEST: By: Walter J. Foeman City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: LICENSOR CITY OF MIAMI, a municipal corporation of the State of Florida By: Carlos A. Oimenez City Manager APPROVED AS TO FORM AND CORRECTNESS: By: By: Mario Soldevilla Division of Risk Management Alejandro Vilarello City Attorney Page 18 of 20 memo ot. 489 � F + � sy3 a f,'� F �. i� � ��i•�, 4��Yi"nrl �`�8t'a'k�r yRF A„�+'YT�' >j"��r ,, •-1.P.� . 'Q57 h+"to a f�u.ay{�. CO S RO-CO .q 4., a r•v � � 2 nrys c� -,t �`•.` y ��`•,� x tA - ` i�l$ilBtW!C 57 t. NWiiV "'. 2 r,��}*�f„ f ..r+v" 3:a,{..i$t z�,.a]4"k•aa r �d kP � i � ytia %:'�A•+ 3!� � � �Y i t` G4� F + }y v : �,s�'h a�-r,�,a3,�,ICx`5�'��" is �' %F v t�, d � �'i i t �a„�. ➢:"�s �Px se+. y' ur^"R°a,,ttsSHa�`� t,�",''yti''�d �' gyFi to f y� �x�a use& e g,T? rKn' WA i i4sa w>r� '� "`4'f��'7� �.f'�` T �'"�h r�'Gv� t i � j, � fr i2 f'� +.?`✓�` r q �3 S f ,Y:.-'fr T,r f a K� !x S�n� +�54,?,. �� ;� �x 4 4 1S� �'F�;�4 -Sh'•. zti•` 'yr 3 k ,� c+. a. P-, ffi' '� dtt n Ys Pa S r k", e- Sr f X.'`' y-y.yg ��t r�,t'ti.,� t•c"�,�..�� �.�4x�.�^z. .? �k'a�s ,at't� ads R.b'r'a' e£", s&+ Of"', �- rt a✓•t�. 1 H +v azar ;� 1 t t� �" �sC : y.'.} 4 f#e �°�" �`b rt•zt:* z 4 d .. r 5. 1 v is b"tvt� Y u tT�Ci t'+ n w`•S 7^ '-k. a G" d a se a° ¢'` Y 5 a'F k s x # ai r j {:15,� sr. e`w t, r j� 44 I it • 3. & � 's ° ' ��� it. � r�at`.�� IN x vi9 !{� '.eF, ,�. 1w� •4 'Sty �, r�''lt, er Y g 7� x'k r .r s a� ? t '� ,3 3 a ♦ 1� y s x a i. s'` % °` F�.. '3�. 'h- +hu � a -c,e cs',F✓-v Yr 3¢'v saw �4 � r ,��- �txx�n ��,�. , t;*p` t �' u' . �� �H � g `'.�s'�1s����� t '`� o- �'�.. � '+sC �i�•y � >�i`��:� �.� � '�, . •s r; •:f*`�C�`r +' k;i��>t 'rhek" 1�1� „,3 "`�;. a.}+;�.�'-t�-;s-,+xZ°� tea 4� mC"h�,n"t ase+ a��'�#�s�s�Y'�"�5.. ����. w r f 0001851 r , 11 11 0 CITY OF MIAMI, FLORIDA Awl 13 INTER -OFFICE MEMORANDUM Honorable Mayor and Members IY'hY �T TO of the City Commission DATE FILE Resolution Authorizing SUBJECT: The Manager to Execute a Revocable License Agreement nez REFERENCES- With Lanzo tt" y Manage FNUOSURes: Construction Co. Fla. 0 For May 24`a Agenda RECOMMENDATION The administration recommends that the Miami City Commission adopt the attached Resolution rescinding Resolution No. R-01-227 and authorizing the City Manager to execute a Revocable License Agreement, in substantially the attached form (the "Agreement'), between the City of Miami and Lanzo Construction Co. Florida (the "Licensee") for the use of 3.74 acres on Virginia Key (the "Area"). The Agreement is for the purpose of storing equipment and debris and eventually disposing of the equipment and debris. Licensee will pay a monthly fee of $1,939.32 plus Florida Sales Tax. Lanzo Construction Co., Florida was the company that worked on the Miami -Dade Water & Sewer pipeline on Virginia Key. The work was completed on or about September 1, 2000. On March 8, 2001' the City Commission adopted Resolution R-01-227 authorizing the execution of a Revocable License Agreement with Lanzo Construction Co., Florida for the use of 4.8146 acres for the purpose of storage and disposal of construction debris and equipment with a monthly fee of $2,502.38. Subsequent to the adoption of Resolution R-01-227 Lanzo Construction Co., Florida learned that a portion of its inventory was sold to United Contractors & Engineering Corp. on August 18, 2000. Lanzo Construction Co., Florida has requested that its Revocable License with the City be revised to reflect the amount of area it currently occupies. Lanzo Construction Co., Florida expects to have all construction debris and equipment removed by July 31, 2001, Highlights of the Agreement are as follows: Effective Date: September 1, 2000 Use Area: 3.74 acres on Virginia Key 01- 489 � . .�,'x,,�m ��. � � �»" t" .��K .�, a���'�in���'. "4`•�py �" r"Y . �.� Y ,� g�'t -� s,:r� i ,3 Z � A h ,j•"} � � :}fir y .� 3 f C -I L .� �r� i � R* _ r --7' :s �.;" y az ¢ "'f V N€'t. 1 5 it W r`t„<, Ni�,a ; �`t4 H'r"'fit- & #aC�.�Y +}�u F.ea: To* -i a0twy fee of $1,939.32 ty boadt Atria months fee ($5,817.9 J Utilities: Paid by Licensee Reduction Of Area, As the equipment and debris is disposed of, licensec may reduce the Use Area upon r prOvidiug the City not less than 14 days a�; 4 wtittea notice and the Monthly Foe abail=be +,< f adjusted accordingly. z` y k s. !q p t a} k ! + tv # 4 fin, 1 i � { S!= t ,} C \ 7. � Yk, ,.� q ✓2h 1�0y r + IP ^.! P , tit '%r'�+s "rr{F>ii .f rrt 'v +, a t4 �'.� � Y �. xt- � m w ,Ar '* %.. �-a`'a?''�e,x X rt SrHi '�l✓fY k N. j "^S: `�k Yt 'h� r. •>s f& � W ti' d r7 w iso! r 9rylaru Ate° i '�i o � x ;r a L k of € � t s t � s ; x+ t� ,+ a � � �, X� a�� c{ .'aa } ° ut ,�;�.'�z 6 •:��+r °' � .z a Ten � � F� f .• t� i ' a^ ry�Y'"+++rya xt�4N d _ %} ,j k C'� % r Kq ``s € `' k+a!$�'� yY .�,: pY c�A,p' i' J Y rN"NA ; fi y �'.,i 0 03/02!2001 J_ AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH LANZO CONSTRUCTION CO., FLORIDA, A FOR PROFIT CORPORATION (THE "LICENSEE"), FOR THE USE OF APPROXIMATELY 4.82 acres OF THE PROPERTY LOCATED AT VIRGINIA KEY (THE "AREA"), FOR THE PURPOSE OF STORAGE AND DISPOSAL OF DEBRIS AND EQUIPMENT WITH A MONTHLY FEE OF $2,502.38 AND WITH ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID REVOCABLE LICENSE. WHEREAS, Lanzo Construction Co., Florida was the. company that worked on the Miami Dade Water & Sewer pipeline on Virginia Key; and WHEREAS, the work on the pipeline was completed on or about September, 1, 2000; and WHEREAS, Lanzo Construction Co., Florida continues to occupy the construction staging area containing 01- 489 .malmag. approximately 4.82 acres for purposes of storage and disposal of debris and equipment; and WHEREAS, Lanzo Construction Co., Florida . has requested permission to continue occupying the area on a month-to-month basis; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Sections. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized' to execute a Revocable License Agreement, in substantially the attached form, with Lanzo Construction Co., Florida., a for-profit corporation (the "Licensee-), for the use of approximately 4.82 acres of City owned property located on Virginia Key (the "Area"), for the purpose of storing equipment and debris, said revocable license to be at a monthly fee of Two Thousand Five Hundred Two dollars and Thirty Eight cents ($2,502.38) subject to the terms and conditions set forth in the Revocable License Agreement. 01-- 489 , Rection 3. This Resolution shall become effective i.irtmediately upon its adoption and signature of the Mayor.' PA888D AND ADOPTED this day of 2001. Jos Carollo r.;. Walter Foeman City Clerk APPROVED AS TO FORM AND CORRECTNBSg e an ro Vi are o City Attorney *' k 4 F f The heroin authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, iociudiag but not limited to those prescribed by applicable City Chatter dnd Code provisions. t if the Mayor does not sign this Resolution, is shall become effective at the and of ton 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 vote by the Cily Commission. 41- 489