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Home My WebLink AboutR-99-0952J-99-1037 12/6/99 (1 { RESOLUTION NO, i1 A RESOLUTION OF THE MIAMI CITY COMMISSION, (WITH ATTACHMENTS), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OF APPROXIMATELY 1,745 SQUARE FEET OF CITY - OWNED LAND LOCATED ALONG THE SOUTHWEST 2m AVENUE BRIDGE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, FOR THE SOLE PURPOSE OF PROVIDING FOR SLOPING, GRADING, TYING IN, HARMONIZING AND RECONSTRUCTING EXISTING FEATURES OF THE PROPERTY WITH HIGHWAY IMPROVEMENTS, DURING THE PERIOD BEGINNING WITH THE DATE OF EXECUTION AND CONTINUING UNTIL COMPLETION OF THE TRANSPORTATION PROJECT, BUT NOT LATER THAN THE LAST DATE OF DECEMBER, 2004; WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. WHEREAS, the Florida Department of Transportation ("FDOT") is finalizing plans for the construction and improvement of the Southwest 2°a Avenue Bridge, Section 87100-2611, located in Miami -Dade County, Florida (the "Project"); and WHEREAS, the City of Miami is owner of certain real property located along the Southwest 2"a Avenue Bridge (the "Property"); and WHEREAS, it is necessary for FDOT to enter into a License A T 7, gd r� J C"li 6N ia; * f 0 rA CITY COMnSSION MEEIMNG O1F DEC 14 1999 hasoluL10A No. V k tiJ y Agreement with the City in order to harmonize the areas behind the sidewalk adjacent to the City of Miami Property; and WHEREAS, the City Commission hereby determines that it is in the best interest of the City of Miami to enter into a License Agreement for said purpose; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are 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 License Agreement, in substantially the attached form, between the City of Miami and State of Florida Department of Transportation, for the purpose of allowing Licensee the use of approximately 1,745 square feet of City -owned land located along the Southwest 2nd Avenue Bridge, more particularly described in Exhibit "A" attached hereto and made a part hereof, for the sole purpose of providing for sloping, grading, tying in, harmonizing and reconstructing existing features of the property with highway improvements, during the period beginning with the date of �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 Charter and Code provisions. 2 - M execution and continuing until completion of the transportation project, but no later than the last date of December, 2004; under the terms and conditions as more particularly set forth in the License Agreement. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayoral PASSED AND ADOPTED this 14th day of December , 1999. JOE CAROLLO, MAYOR In woordance wfth Miami Code Sec. 2-36, since the Mayor did not indicate approval of this WnlaUm by signing it in the designated Pface provi od, saidbecomes lc,is! 4;y effective with the cl2pse of ten (10) day: (r the da 4 Ccmmfs�= ATTEST:cn regarding same, without the Mayor exe' sin v ` WALTER J. FOEMAN Walter J. oeman, City Clerk CITY CLERK RM AND CORRECTNESS t VR vILARELLO ATTORNEY 995:RCL:hdb =� 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. - 3 - •/ J 09-LA.13-12/97 Parcel No.: 901 Financial No.: 2511681 Section No.: 87100-2611 S.R. No.: County: Miami -Dade LICENSE This Agreement, made the day of , 1999, between the CITY OF MIAMI, a municipality of the State of Florida, herein called Licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called Licensee. In consideration of the benefits accruing unto the Licensor, the parties agree as follows: Licensor hereby grants to Licensee a license to occupy and use, subject to all of the terms and conditions hereof, the following described premises (the "Premises"): PARCEL 901 F.P. Number 2511681 PROJECT 87100-2611 The north 6.55 meters (21.5 feet) of the west 2.70 meters (8.9 feet) of the east 21.50 meters (70.5 feet) of Tract 1; and the south 10.90 meters (35.8 feet) of the west 2.70 meters (8.9 feet) of the east 21.50 meters (70.5 feet) of Tract 2; and the north 22.75 meters (74.6 feet) of the south 33.65 meters (110.4 feet) of the west 3.40 meters (11.2 feet) of the east 21.50 meters (70.5 feet) of Tract 2; and the north 1.30 meters (4.3 feet) of the south 34.95 meters (114.7 feet) of the west 9.80 meters (32.2 feet) of the east 21.50 meters (70.5 feet) of Tract 2; and the north 9.00 meters (29.5 feet) of the west 2.77 meters (9.1 feet) of the east 5.09 meters (16.7 feet) of RIVERSIDE PLAZA, as recorded in Plat Book 139, Page 43 of the Public Records of Miami -Dade County, Florida lying in Section 37, Township 54 South, Range 41 East, Miami - Dade County, Florida., Said land situate within the City of Miami, Miami -Dade County, Florida containing 162.1 square meters (1,745 square feet), more or less. Together with all rights of ingress, egress, light, air and view between the Licensor's remaining property and any facility constructed on the above described property. DH/9/27/99 The Premises may be occupied and used by Licensee solely for sloping, grading, tying in, harmonizing and reconstructing existing features of the Licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto (the "Work") during the period beginning with the date first above written and continuing until completion of the transportation project, but not later than the last date of December, 2004. Licensee shall at all times during the Work maintain ingress and egress to the property. nJ P' e.1'ri 2 Licensee will provide written notice to Licensor not less than thirty (30) days prior to commencement of the Work which notice shall include an estimated time for the Work to be completed. The Work shall be done and completed in good workmanlike manner at the sole expense of Licensee. The Work shall be done in such a manner as in no way to interfere with or endanger the use of the property. All notices or other communications which may be given pursuant to this license shall be in writing and shall be deemed properly served if delivered by personal service or by certified mail addressed to Licensor and I.,icensee at the address indicated herein or as the satne may be changed from time to time. LICENSOR City of Miami City Manager 444 SW 2 Avenue, 10" floor Miami, FL 33130 COPY TO City of Miami Office of Asset Management 444 SW 2 Avenue, 3' Floor Miami, FL 33130 LICENSEE State of Florida Department of Transportation 1000 NW I I I Avenue, Room 6116 Miami, FL 33176 Licensee agrees to require all persons or entities performing the Work, to include the Licensor as an additional insured in all insurance policies covering the Work. At least thirty (30) days prior to the commencement of the Work, Licensee shall obtain, and deliver to the City, the aforementioned insurance policy(ies) or certificates. To the extent provided by law, the Licensee shall indemnify, defend, and hold harmless the Licensor and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission or negligent act by the Licensee, it agents, or employees during the performance of the Work, except that neither the Licensee, 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 Licensor or any of its officers, agents, or employees during the performance of the Work. The making, execution and delivery of this license by Licensor and Licensee has been induced by no representations, statements, warranties, or agreements other than those contained herein. This license embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. vc d IN WITNESS WHEREOF, the said Licensor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Walter J. Foeman City Clerk APPROVED AS TO FORM AND CORRECTNESS Alejandro Vilarello City Attorney WITNESS: Print Name Print Title LICENSOR: CITY OF MIAMI Donald H. Warshaw City Manager LICENSEE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Print Name Print Title I-Ahibit "A" PARCEL 901 F.P. Number 2511681 PROJECT 87100-261 1 The north 6.55 meters 2 ( 1.5 feet) of the west 2.70 meters (8.9 feet) of the east 21.50 meters (70.5 feet) of Tract 1; and the south 10.90 meters (35.8 feet) of the west 2.70 meters (8.9 feet of the east 21.50 meters (70.5 feet) of Tract 2, and the north 22.75 meters (74,6 feet) of the south 33.65 meters (110.4 feet) of the west 3.40 meters (I 1.2 feet) of the east 21.50 meters (70.5 feet) of Tract 2; and the north 1.30 meters (4.3 feet) of the south 34.95 meters (1 14.7 feet) of the west 9.80 meters (32.2 feet) of the east 21.50 meters (70.5 feet) of Tract 2 feet) of the west 2.77 meters (9.1 feet) of the east 5.09 meters (16.7 feet) of RIVERSIDE th9.00ters (2 as recorded in Plat Book 139, Page 43 of the Public Records of )Miami -Dade Count (9' lying in Section 37, Township54 South, Range 41 East, Miami -Dade County, o y, Florida Said land situate within the City of Miami, Miami -Dade County, Florida Florida., meters (1,745 square feet), more or less. containing 162.1 square v .�.� <�2 @ /�7N CITY OF MIAMI, FLORIDA V11 20 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of4na mission FROM: oa ~' City Manager RECOMMENDATION• DATE: DEC _ t I9 9 9 FILE: SUBJECT: Resolution Authorizing A License Agreement with REFERENCES: FDOT ENCLOSURES: Resolution, License The administration recommends that the City Commission adopt the attached Resolution authorizing the City Manager to execute a license agreement, in substantially the attached form with the State of Florida Department of Transportation ("FDOT') for the use of approximately 1,745 square feet of City -owned land located along the Southwest 2nd Avenue Bridge, more particularly described in Exhibit "A" attached hereto and made a part hereof, for the sole purpose of providing for sloping, grading, tying in, harmonizing and reconstructing existing features of the property with the highway improvements. BACKGROUND: FDOT is finalizing plans for the construction and improvement of the Southwest 2nd Avenue Bridge, Section 87100-2611, located in Miami -Dade County, Florida (the "Project"). FDOT requires a License Agreement for the use of approximately 1,745 square feet of land adjacent to the Southwest 2nd Avenue Bridge for the purpose of harmonizing the City's property with the new improvements. This agreement shall commence upon execution and shall continue until completion of the transportation project, but not later than the December ail, 2004. ,IFNI DHW:DB: :mv:MLicenseFDOT.doc 9 9 - 952