HomeMy WebLinkAboutR-00-0800J-00-843
9/14/00
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RESOLUTION NO.
C
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT, APPROVING THE GRANT OF A
NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT
ON A PORTION OF FERN ISLE SOUTH FORK PARK TO
FLORIDA POWER AND LIGHT FOR ITS USE AS A
STAGING AREA TO CONDUCT TEMPORARY POWER LINE
RELOCATION DUE TO THE MDX EAST WEST
EXPRESSWAY (STATE ROAD 836) TOLL PLAZA
WIDENING PROJECT FOR A PERIOD OF ONE YEAR OR
UNTIL THE COMPLETION OF THE CONSTRUCTION OF
THE MDX PROJECT, WHICHEVER OCCURS SOONER;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT OF TEMPORARY CONSTRUCTION
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
FOR SAID PURPOSE.
WHEREAS, the Florida Department of Transportation has
commenced the MDX. East West Expressway (State Road 836) Toll
Plaza Widening Project ("MDX Project") and instructed Florida
Power and Light ("FPL") to temporarily relocate its lines in the
area adjacent to Fern Isle South Fork Park; and
WHEREAS, by letter dated August 24, 2000, FPL requested that
the City of Miami ("City") grant a non-exclusive temporary
construction easement on a portion of City -owned land known as
Fern Isle South Fork Park as a staging area to conduct temporary
power line relocation necessitated by the MDX Project; and
WHEREAS, FPL requires the easement for a period of one year
or until the completion of the construction of the MDX Project,
whichever occurs sooner; and
WAIL
CITY COYMAISS1®N
MEETUNG OF
SEP 14 2000
Aawlaum
00
WHEREAS, the City Commission wishes to grant the aforesaid
easement to FPL and to authorize the City Manager to execute a
Grant of Temporary Construction Easement;
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 hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The grant of a non-exclusive temporary
construction easement on a portion of Fern Isle South Fork Park
to Florida Power and Light for its use as a staging area for
temporary power line relocation for a_period of one year or until
the completion of the construction of the MDX Project, whichever
occurs sooner, is hereby approved.
Section 3. The City Manager is hereby authorizedl� to
execute a Grant of Temporary Construction Easement ("Easement"),
in substantially the attached form, on a portion of Fern Isle
South Fork Park, as legally described in the Easement, for said
purpose.
�i 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 Code and Charter
provisions.
Page 2 of 3 00— so,
Section 4.This Resolution shall become effective immediately
upon its adoption and signature of the Mayor2�.
PASSED AND ADOPTED this 14th day of September , 2000.
JOE CAROLLO, MAYOR
In accordance with Mis,nji Ude Sec. 2-36, sinc f,� the Mayor did not indicats approval of
this legislation by signing, it in t
becomes effective with.the elapse
regarding same, without the Mayc
ATTEST:
WALTER J. FOEMAN
CITY CLERK 1002
APPROVE A Y6_FO-UM AND CORRECTNESS:1j
ND'V I LARELLO
ATTORNEY
W4691:YMT: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 this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 3 of 3 6.0— Soo
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this_ day of 2000,
between the City of Miami, Florida, a municipal corporation
of the State of Florida, hereinafter called the GRANTOR,. and
Florida Power & Light ("FPL"), a Florida Corporation,
hereinafter called the GRANTEE.
W I T N E S S E T H:
THAT, the GRANTOR, for and in consideration of the sum
of ONE DOLLAR ($1.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged
by the GRANTOR, has granted and does hereby grant to the
GRANTEE, it successors and assigns, the right and privilege
of a non-exclusive temporary construction easement
hereinafter called the Grant of Temporary Construction
Easement, for use as a staging area for power, line
relocation in connection with the State of Florida MDX East
West Expressway (State Road 836) Toll Plaza Widening
Project, hereinafter called the MDX Project, on the property
of the GRANTOR, known as a portion of the below described
Fern Isle South Forest Park that is utilized for storage by
the GRANTOR'S__department of public works and as, particularly
described in Exhibit
"All attached hereto and made a part
hereof, hereinafter called the Property:
Fern Isle South Fork Park PB 103-79 Tract A also
described as the portions of the East 4 and West
of the N.E. 4 of the S.W. 1/, Section 34, Township
53 South, Range 41 east, lying South of South Fork
of the Miami River, and northeasterly right-of-way
line of the Miami River, and Northeasterly right-
of-way line of East-West Expressway, as recorded
in Plat Book 81, at Page 83, of the Public Records
of Dade County, Florida; the portions of Lots
1,2,3, in Block 47, lying northeasterly of the
northeasterly right-of-way line of. said East-West
Expressway, together with the portion of an un-
named street known, as N.W. 11`h Terrace lying
between said Blocks 47 and 50, Riverside Farms
Amended Plat
The
Easement
the date
that if
of said
term of this Grant of Temporary Construction
shall be for a one (1) year period commencing upon
of execution of this instrument provided, however
the MDX Project is completed prior to the expiration
one (1) year
K#-0000523
nr:FPL temp construction easement
period, this Grant of Temporary
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Construction Easement -shall terminate upon the completion of
the MDX Project.
GRANTEE, agrees to permit GRANTOR'S City Manager or his
designee to enter upon the Property for any purpose GRANTOR
deems necessary to, incident to, or connected with the
GRANTOR'S exercise of its rights and functions.
GRANTEE, agrees that no construction, repairs,
alterations or improvements may be undertaken by GRANTEE
upon the Property.
GRANTEE accepts this Grant of Temporary Construction
Easement and hereby acknowledges that GRANTEE'S compliance
with all laws of the State of Florida, Ordinances of the
City of Miami and Miami -Dade County, Florida, pertaining to
the operation and maintenance of the Temporary Construction
Easement, is a condition of this Grant of Temporary
Construction Easement and GRANTEE shall comply therewith as
the same presently exists and as they may be amended
hereafter.
To the fullest extent permitted by law, the GRANTEE
shall indemnify, defend, protect and hold harmless the
GRANTOR, its emp oyees, o kers an -agents the--- —
"Indemnitees") from and against all claims, demands, causes
of actions, damages, liabilities, losses, and expenses,
including without limitation, attorney's fees, costs and
expenses, arising out of or resulting from any activities
undertaken by the GRANTEE, its agents, employees,
consultants and contractors, or anyone directly or
indirectly employed by any of them or anyone for whose acts
they may be liable in connection with activities on the
Property, or the acts or omissions of the GRANTEE, with
respect to the Property or its activities on the Property
regardless of whether or not such claim, demand, cause of
action, damage, liability, loss or expense is caused in part
by Indemnitees, provided, however, GRANTEE shall not be
liable for the gross negligence or intentional misconduct of
any of the Indemnitees. Nothing herein shall be deemed to
abridge the rights, if any, of the GRANTOR to seek
contribution where appropriate.
The foregoing indemnity provision shall commence on the
date hereof and shall continue in full force until such time
as both GRANTOR and GRANTEE shall agree to terminate this
indemnity provision, which agreement must be in writing (the
"Indemnity Release"). The indemnity provision shall survive
the termination of this Grant of Temporary Construction
Easement and shall continue in full force and effect until
such time as the Indemnity Release.
nr:FPL temp construction easement 2
00- 800
0 0 ;
Prior to entering upon the Property the GRANTEE shall
furnish to the GRANTOR policy/policies of insurance or
certificates of insurance in form and such reasonable
amounts approved by the GRANTOR naming the GRANTOR as an
additional insured and protecting the GRANTOR, for the
duration of this Temporary Construction Easement, against
all claims for personal injury and property damage arising
out of or related to the activities undertaken by the
GRANTEE, its agents, employees, consultantsand contractors,
or anyone directly or indirectly employed by any of them or
anyone for whose acts they may be liable, upon the Property
or in connection with activities on the Property.
GRANTEE, hereby waives any and all claims against the
GRANTOR for personal injury or property damage sustained by
the GRANTEE, its employees, agents, contractors, or
consultants arising out of or related to the use of or the
activities undertaken by the GRANTEE, its agents, employees,
consultants and contractors upon the Property and releases
the GRANTOR from any claims in connection therewith.
GRANTEE shall maintain, utilize and conduct any
activities uponthe Property in a proper and safe manner at
GRANTEE'S sole_ cosE and expense
This Grant of Temporary Construction Easement shall be
binding upon the parties herein, their heirs, executors,
legal representatives, successors and assigns.
All notices or other communications which shall or may
be given pursuant to this Grant of Temporary Construction
Easement shall be in writing and shall be delivered by
personal service or by registered mail addressed to the
parties hereto at their respective addresses indicated below
or as the same may be changed in writing from time to time.
Such notice shall be deemed given on the day on which
personally served, or if by mail, on the fifth day after
being posted or the date of actual receipt, whichever is
earlier.
NOTICE TO GRANTOR
City of Miami
City Manager
Attn: Property & Lease
Management Division
Post Office Box 330708
Miami, Florida 33133-0708
NOTICE TO GRANTEE
Florida Power & Light
Attn: Lou Perez
Post Office Box 029100
Miami, Florida 33102-9100
Title and paragraph headings are for convenient
reference and are not intended to confer any rights or'
nr:FPL temp construction easement 3
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obligations upon the parties
Construction Easement.
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to this Grant of Temporary
Upon termination of this Grant of Temporary
Construction Easement by lapse of time or otherwise, GRANTEE
shall promptly and peacefully surrender and deliver
possession of. the Property to GRANTOR in accordance with the
covenants herein contained.
GRANTOR and GRANTEE, by mutual agreement, shall have
the right but, not the obligation to amend this grant of
Temporary Ccmtruction Easement. Such amendments shall be
effective o ��.,,' when signed by both the GRANTOR and GRANTEE
and shall b-- incorporated as a part of this Grant of
Temporary Com3truction Easement.
This Grp of Temporary Construction Easement shall be
construed an& enforced according to the laws of the State of
Florida and sue shall be in Miami -Dade County, Florida.
In the went any paragraph, clause or sentence of this
Grant of Temorary Construction Easement or any amendment
thereto is declared invalid by a court of competent
jurisdiction,, such__ paragraph, clause or sentence shall be _
stricken free the subject ,Grant of Temporary Construction-
Easement anf the balance of the Grant of Temporary
Construction Basement shall not be affected by the deletion
thereof.
Both paies hereby agree that they shall comply with
all applicab� laws, ordinances and codes of Federal, State
and local ;;gr-wernments as they apply to this Grant of
Temporary Comtruction Easement.
No waives: of any provision hereof shall be deemed to
have been ma& unless such waiver is in writing and signed
by GRANTOR lmd GRANTEE. The failure of either party to
insist upon the . strict performance of any of the provisions
or condition of this Grant of Temporary Construction
Easement shams not be construed as waiving or relinquishing
in the future any such covenants or conditions but the same
shall continue and remain in full force and effect.
GRANTOR shall provide GRANTEE with written notice of
any failure to perform or comply with the terms and
conditions stained herein to be performed by GRANTEE. if
GRANTEE falls to cure said default within 30 days of receipt
of written :ice of default, GRANTOR shall have the right
to terminatethis Grant of Temporary Construction Easement.
nr:FPL temp construction zmmnt 4
IN WITNESS WHEREOF, the city of Miami, Florida, a municipal
corporation of the State of Florida, has caused this
instrument to be executed on its behalf by its City Manager
and attested by its City Clerk and its corporate seal
affixed this day of , A.D. , 20
Corporate Seal
Attest:
Walter J. Foeman
City Clerk
Approved as to Form:
Alejandro Vilarellors`40
City Attorney
STATE OF FLORIDA)
COUNTY OF'MIAMI-DADS)
CITY OF MIAMI, FLORIDA
A MUNICIPAL CORPORATION
444 S.W. 2nd Avenue
Miami, FL 33130
By
Carlos A. Gimenez
City Manager
I hereby certify that on this day, personally appeared
before me, an officer duly authorized to administer oaths
and take acknowledgments, in the state and county named
above to take acknowledgments, CARLOS A. GIMENEZ and WALTER
J. FOEMAN, City Manager and City Clerk respectively of the
City of Miami, Florida, a Florida municipal corporation, who
are personally known to me and who executed the foregoing
instrument, and acknowledged the execution thereof to be
their free act and deed as such officers for the purposes
therein expressed and who did not take an oath.
Witness my hand. and official seal this day of
, A.D., 20
SIGNATURE
PRINT
NOTARY PUBLIC STATE OF FLORIDA
My Commission Expires:
Did Take An Oath
Did Not Take An Oath
Personally Known
Produced I.D., Type of I.D. produced:
nr:FPL temp construction easement
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FLORIDA POWER AND LIGHT
By: FPL, a Florida Corporation
By:
Print Name
I hereby certify that on this day, personally appeared
before me, an officer duly authorized to administer oaths
and take acknowledgments, in the. state and county named
above to take acknowledgments,
respectively of Florida Power and Light, a Florida
Corporation, who executed the foregoing instrument, and
acknowledged the execution thereof to be their free act and
deed as such officers for the purposes therein expressed and
who did not take an oath.
Witness my hand and official seal this day of
A.D., 20
SIGNATURE
PRINT.
NOTARY PUBLIC STATE OF FLORIDA
My Commission Expires:
Did Take An Oath
Did Not Take An Oath
Personally Known
Produced I.D., Type of I.D. produced:
nr:FPL temp construction easement 6