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HomeMy WebLinkAboutR-95-0327J-95-231 3/17/95 RESOLUTION NO. 95— 32'7 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY EASEMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS EXHIBIT "A", BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("F.D.O.T.") AND THE CITY OF MIAMI ON PROPERTY LEGALLY DESCRIBED ON EXHIBIT "A" FOR THE PURPOSE OF HARMONIZING AND MATCHING THE GRADE OF THE F.D.O.T.'S RAMP ON STATE ROAD NO. A-1-A TO THAT OF BICENTENNIAL PARK; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the State of Florida Department of Transportation (the "F.D.O.T.") has undertaken the improvement of State Road No. A-1-A, Section No. 87060-2549, located in, Miami, Dade County, Florida (the "Project"); and WHEREAS, in connection with the Project, F.D.O.T. requests the City to execute a Temporary Easement, in substantially the form attached as Exhibit "A", granting it the right to make temporary use of certain City -owned land for the purpose of harmonizing and matching the grade of its ramp to that of Bicentennial Park, and said request having been duly considered; and WHEREAS, the City Commission finds it to be in the best interest of the public and of the residents of the City of Miami to grant the necessary temporary easement to improve certain property as hereinabove described; CITY CU,IvlMISSION MEETING OF A T T A C, MAY 0 1 1995 Resolution No. C a�9:� 95— 327 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 an temporary easement agreement, in substantially the form attached hereto as Exhibit "A", between the State of Florida Department of Transportation and the City of Miami, on property legally described in Exhibit "A" for the purpose of harmonizing and matching the grade of its ramp on State Road No. A-1-A to that of Bicentennial Park. Section 3. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the State of Florida Department of Transportation at Tallahassee, Florida. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 1st day of May 1995. S EPHEN P. C ARK, MAYOR ATT ST: p� MATTY HIRAI CITY CLERK 95- 327 -2- PREPARED AND APPROVED BY: G. I CHIEF ASSISTANT Ci'Y ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: .11 Al. QUINN J S' , III C I TY /ATTO Y M4985/G. /amr -3- 95- 327 ilu:. TEMPORARY EASEMENT BETWEEN CITY OF MIAMI AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION THIS AGREEMENT, made this day of , 1995, between the CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called the "City" or "GRANTOR"), and the State of Florida, Department of Tranportation (hereinafter called the "GRANTEE"). RECITALS 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, its successors and assigns, the right and privilege of a Temporary Easement (hereinafter called the "EASEMENT"), for the purpose of harmonizing and matching the grade of the Grantee's ramp to that of Bicentennial Park, in, upon, over and through the following described land in Dade County, Florida, owned by the City described as follows, viz: PARCEL 700 SECTION 87060-2549 That portion of Tract "A" of New World Center Bicentennial Park, according to the plat, thereof, as recorded in Plat Book 140 at Page 50 of the Public Records of Dade County, Florida; said portion lying in Section 31, Township 53 South, Range 42 East, Davie County, Florida, and being more particularly described as follows: The North 162.36 feet of the East 108.31 feet of said Tract "A", containing 17,585 square feet, more or less (hereinafter called the "PROPERTY"). 95- 32'7 129,� I GRANTOR 'reserves the right to use the PROPERTY for any lawful purpose that will not prevent or interfere with the exercise by the GRANTEE of the rights granted under this EASEMENT. The term of this EASEMENT shall be for a period commencing on the day of 1994, and terminating no later than , 1994. Upon the expiration, termination or cancellation of the EASEMENT, GRANTEE shall restore the PROPERTY and any areas used by GRANTEE for ingress and egress to the PROPERTY, at GRANTEE's sole cost and expense, to the same condition or better than it was prior to GRANTEE's use thereof. GRANTEE shall be responsible, at GRANTEE's sole cost and expense, for any environmental clean-up, if required by a Federal, State or local agency, which may be caused by the granting of this EASEMENT. Should GRANTEE fail to restore the PROPERTY and areas of ingress and egress and perform any environmental clean-up as may be required pursuant to this EASEMENT within thirty (30) days after receipt of written notice from GRANTOR directing the required restoration and clean-up, GRANTOR shall cause the PROPERTY and the areas of ingress and egress to be restored and cleaned up on behalf of GRANTEE, and GRANTEE shall pay GRANTOR the full cost of such restoration and clean-up within thirty (30) days of receipt of an invoice from GRANTOR indicating the cost of such required restoration and clean-up. -2- 95- 32'7 :. GRANTEE shall exercise the rights granted herein in such a manner as not to cause any damage or destruction of any nature to or interruption of the use of the adjoining land owned by GRANTOR. GRANTEE shall pay for and obtain all necessary and applicable permits in compliance with all Federal, State and local statutes, laws, rules and regulation in connection with its use of the PROPERTY. GRANTOR assumes no responsibility for any property of the GRANTEE, its agents, servants, employees or contractors brought on or about the PROPERTY and the GRANTOR is released from all liability for any loss or damage to said property sustained by reason of GRANTEE's occupancy of the PROPERTY. GRANTEE accepts this EASEMENT and hereby acknowledges that GRANTEE's compliance with all applicable Federal, State and local statutes, laws, ordinances and regulations in its use of the PROPERTY, including but not limited to building codes and zoning restrictions, is a condition of this EASEMENT and GRANTEE shall comply therewith as the same presently exist and as such may be amended hereafter. GRANTEE shall provide all utilities for the PROPERTY, including but not limited to telephone, electricity, water, gas, garbage and sewage disposal. GRANTEE agrees to indemnify, hold harmless and defend GRANTOR and any and all of its agents and employees, from and in connection with, all claims, actions, judgments, liability, loss, cost, expense and demands of whatever nature incurred by, or 95- 327 -3- presented against GRANTOR arising out of the tortious actions of GRANTEE, its agents, servants, employees or contractors in the exercise of its rights hereunder, including allegations that GRANTOR was passively negligent or vicariously liable. It is understood that the limitations of Section 768.28, Florida Statutes shall apply; however, should a claims bill be passed by the legislature, GRANTEE shall satisfy the same. GRANTEE agrees to take any and all remedial actions required by any governmental regulatory agency, including but not limited to environmental regulatory agencies. In addition, GRANTOR shall be named as an additional insured in every policy of insurance required of any contractor or subcontractor which shall not be limited to the provisions of Section 768.28, Florida Statutes. GRANTEE shall maintain, utilize and conduct any activities upon the PROPERTY in a proper and safe manner at GRANTEE's sole cost and expense. The GRANTOR and the GRANTEE hereby mutually agree that upon the GRANTEE's completion of the work outlined in this document, the GRANTEE, its officers, employees, agents and contractors are i i released and held harmless by the GRANTOR for any claim, loss, damage, cost, charge or expense arising from conditions on the GRANTOR's property. 1 This EASEMENT shall be binding upon the parties herein, I their successors and assigns. i All notices or other communications which shall or may be given pursuant to this EASEMENT shall be in writing and shall be 95- 32'7 _4_ 5 1 delivered by personal service or by certified mail, return receipt requested, 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 certified mail, on the fifth day after being posted or the date of aotual receipt, whichever is earlier. Notice shall be effectively served by GRANTEE upon GRANTOR when addressed to GRANTOR and mailed to the CITY MANAGER at 3500 Pan American drive, Miami, Florida, 33133, with a copy sent to Office of Asset Management and Capital Improvements, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida, 33133. Notice shall be effectively served by the GRANTOR upon the GRANTEE when addressed to GRANTEE and mailed to GRANTEE at: D. Michael Schloss, Esq., District General Counsel, State of Florida, Department of Transportation, 1000 N.W. 11 Avenue, Miami, Florida 33172. This EASEMENT shall be construed and enforced according to the laws of the State of Florida and venue shall be in Dade County, Florida. In the event any paragraph, clause or sentence of this EASEMENT or any amendment thereto is declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject EASEMENT and the balance of { the EASEMENT shall not be affected by the deletion thereof. No waiver of any provision hereof shall be deemed to have i been made unless such waiver is in writing and signed by GRANTOR I and GRANTEE. The failure of either party to insist upon the 95- 327 -5- strict performance of any of the provisions or conditions of this EASEMENT shall 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 contained herein to be performed by GRANTEE. if GRANTEE fails to cure said default within thirty (30) days of receipt of written notice of default, in addition to the absolute right of termination that GRANTOR has as provided for herein, GRANTOR shall have the right to terminate this EASEMENT by giving written notice of such termination to GRANTEE in accordance with the provisions of this EASEMENT. IN WITNESS WHEREOF, the CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Dade, has caused this instrument to be executed in its name and its corporate seal to be affixed hereto by its City Manager and its City Clerk, both thereunto duly authorized the day and year first above written. THE CITY OF MIAMI, FLORIDA Cesar H. Odic City Manager ATTEST: REVIEWED BY: Matty Hirai Ira Marc Katz City Clerk Executive Director Hayfront Park Management Trust ME 95- 32'7 W, APPROVED AS TO FORM CORRECTNESS: A QUINN JONES, III City Attorney APPROVED AS TO LEGAL DESCRIPTION: WALDEMAR E. LEE Director of Public Works Accepted by State of Florida, Department of Transportation this day of 1995. ATTEST: APPROVED AS TO FORM AND CORRECTNESS: State of Florida, Department of Transportation Attorney Agreements6/M550/GMM STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (TITLE) APPROVED AS TO LEGAL DESCRIPTION: State of Florida, Department of Transportation Engineer 95- 327 _7_