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HomeMy WebLinkAboutR-94-0213J-94-294 3/24/94 94- 21.3 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY CONSTRUCTION EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO METROPOLITAN DADE COUNTY FOR THE USE OF APPROXIMATELY 40,000 SQUARE FEET OF LAND ON THE CITY -OWNED PROPERTY COMMONLY KNOWN AS THE F.E.C. TRACT, MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO (THE "EXHIBIT A"), FOR ITS USE AS A STAGING AREA, FOR A TERM OF FOUR (4) MONTHS, IN CONNECTION WITH THE CONSTRUCTION AND INSTALLATION OF A NEW 36-INCH WATER MAIN TO SERVE WATSON ISLAND AND MIAMI BEACH, TO THE CITY FOR A FEE IN THE AMOUNT OF $22,000, SUBJECT TO THE CONDITIONS MORE SPECIFICALLY DESCRIBED AND SET FORTH IN EXHIBIT A THEREIN. WHEREAS, the Florida Department of Transportation is currently constructing a new wider bridge for the MacArthur Causeway; and WHEREAS, the existing 20-inch water main which services Watson Island and Miami Beach is located on the existing bridge and under the channel; and WHEREAS, the existing 20-inch water main will be demolished along with the old bridge; and WHEREAS, Metropolitan Dade County (the "County"), through its Miami -Dade Water and Sewer Authority Department, will be Lv J CITY COMMISSION 14EETT t. G OF MAR 4 "194 Resolution No. 94- 213 constructing and installing a new 36-inoh water main which must be operational before demolition of the old bridge; and WHEREAS, a temporary construction easement on approximately 40,000 square feet of land on the City of Miami property known as the "F.E.C. property", adjoining the waterway, as shown and described in the attached Exhibit A (the "Property") is requested by the County as a staging area for the storage of materials and other related work for the construction and installation of said water main for a period of four (4) months; and WHEREAS, the City Commission finds it in the best interest of the residents of the City of Miami to grant to the County the necessary Temporary Construction Easement, in a form acceptable to the City Attorney, to use the Property, subject to the conditions as set forth in Exhibit A; 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 authorizedI/ to execute a Temporary Construction Easement, in a form acceptable to the City Attorney, to Metropolitan Dade County, granting a temporary construction easement for the use of the Property as a 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. -2- 94- 213 w� ) _ '^\I staging area for the storage of materials and other related work for a term of four months, at a fee of $22,000, such authorization further conditioned upon the provisions set forth therein. Section 3. This Resolution shall beoome effective immediately upon its adoption. PASSED AND ADOPTED this 24th day of March, 1994. EPHEN P. C ARK, MAYOR ATTES ' MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: /,"WWMV�� GMM:csk:M4258 -3- 1 4- 213 TEMPORARY CONSTRUCTION EASEMENT BETWEEN CITY OF MIAMI AND METROPOLITAN DADE COUNTY THIS INDENTURE, made this day of , 1994, between the CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called the "GRANTOR"), and METROPOLITAN DADE COUNTY, a political subdivision of the State of j FloridaFlorida-(hereinafter called the "GRANTEE"). ). GRANTOR, for and in consideration of the sum of twenty-two thousand dollars ($22,000.00) 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 Construction Easement (hereinafter called the "Temporary Construction Easement" or the "Easement"), for use as a staging area in connection with the construction and installation of a I new 36-inch water main which will service Watson Island and Miami Beach, (hereinafter called the "PROJECT"), on approximately 40,000 square feet of land on the City -owned property commonly known as the "F.E.C. Tract" (hereinafter called the "PROPERTY"), as more particularly described and shown on Exhibit "A" which is attached hereto and made a part hereof. The term of this grant of Temporary Construction Easement shall be for a four (4) month period commencing upon execution of this instrument (hereinafter called the "EXECUTION DATE"). 1 94- 213 This EASEMENT may be extended fo O a a i n one month period upon request of GRANTEE submi to it g at least fifteen (15) days prior to the termination date, subject to the approval of the CITY MANAGER or his designee. Such extension shall be conditioned upon additional consideration being paid to GRANTOR in an amount to be negotiated. This EASEMENT or any extension thereof, may also be terminated by the GRANTOR's City Manager (hereinafter called the "CITY MANAGER"), at its sole option, with or without cause, at any time upon giving fifteen (15) days written notice to GRANTEE prior to the termination date. In the event this EASEMENT is terminated prior to the expiration of the initial four (4) month period, the $22,000 received by GRANTOR in accordance with this EASEMENT shall be prorated and any unused portion shall be returned to GRANTEE. GRANTEE agrees to cause any such tests, investigations and studies to be performed only when authorized in writing by GRANTOR's Director of Office of Asset Management and Capital Improvements which authorization shall not be arbitrarily withheld. GRANTEE shall be responsible for handling, clean-up, environmental clean-up, if required by a Federal, State or local agency hauling and disposal of any soil, material and debris which the GRANTEE may place, disturb or excavate within the easement area. GRANTEE agrees to permit CITY MANAGER or its designee to enter upon the Temporary Construction Easement for any purpose whatsoever. 2 P4- 213 • �u GRANTEE guarantees that vehicular access to all those Treys of the FEC Tract and Bicentennial Park which are accessible to motor vehicles on the EXECUTION DATE, shall remain accessible'to motor vehicles throughout the term of this EASEMENT. GRANTEE agrees it shall not commence any construction, repairs, alterations or improvements upon the PROPERTY until such time as all plans therefor have been submitted to, reviewed and approved by the CITY MANAGER or its designee. The approval by the CITY MANAGER or its designee of the plans shall not relieve GRANTEE of its obligation to submit the plans to any department of the GRANTOR or any other governmental authority having jurisdiction over it or to obtain any building or other permit or approval required by law. GRANTEE acknowledges that any approval given by the CITY MANAGER shall not constitute an opinion or agreement by the GRANTOR that the plans are structurally sufficient or in compliance with any laws, codes or other applicable regulations, and no such approval shall impose any liability on or waive any rights of the GRANTOR. GRANTEE shall comply with all applicable Federal, State and local statutes, laws, ordinances and regulations in its use of the PROPERTY. GRANTEE shall pay for and obtain the necessary and applicable permits in compliance with all Federal, State and local statutes, laws, rules and regulations in connection with any repairs, alterations, additions, partitions or improvements made by GRANTEE to the PROPERTY; and 213 3 W GRANTEE agrees that all construction, repairs, alterations or improvements are to be at the sole cost and expense of GRANTEE. Upon completion of the PROJECT, copies of all paid invoices, receipts and any other such documents shall be submitted to GRANTOR by GRANTEE. Upon the termination, cancellation or expiration of the Temporary Construction Easement, GRANTEE shall have the right to remove any movable personal property that it places in or on the PROPERTY. GRANTOR reserves the right to require all permanent improvements placed on the PROPERTY by GRANTEE to be removed at the sole cost and expense of GRANTEE. In the event GRANTOR does not require the removal of such improvements, such improvements shall become the property of GRANTOR without any compensation due to GRANTEE. If any part of the PROPERTY is in any way damaged by the removal of any movable personal property or permanent improvement, said damage shall be repaired by GRANTEE at its sole cost and expense. Should GRANTEE fail to repair any damage caused to the PROPERTY within ten (10) days after receipt of written notice from GRANTOR directing the required repairs, GRANTOR shall cause the PROPERTY to be repaired on behalf of GRANTEE and GRANTEE shall pay GRANTOR the full cost of such repairs within ten (10) days of receipt of an invoice from GRANTOR indicating the cost of such required repairs. GRANTEE accepts this EASEMENT and hereby acknowledges that GRANTEE'S compliance with all laws of the State of Florida, 4 �4- 213 • 09 Rn ordinances of the City of Miami and Dade County, Florid?, pertaining to the operation and maintenance of the Temporary Construction Easement, including but not limited to building codes and zoning restrictions, is a condition of this Temporary Construction 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 PROJECT, 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 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 as to any third parties the limitations of s. 768.28 shall apply; however, should a claims bill be passed by the legislature, GRANTEE shall satisfy any outstanding judgment against GRANTOR based on the aforesaid passive negligence, vicarious liability or implied indemnity. 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 5 94- 213 41 M M subcontractor which shall not be limited to the provisions Vf 768.28, Florida Statutes. GRANTEE shall maintain, utilize and conduct any activities upon the Temporary Construction Easement in a proper and safe manner at GRANTEE's sole cost and expense. This Temporary Construction Easement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. Upon termination of this Temporary Construction Easement by abandonment, expiration, cancellation or otherwise, the said Temporary Construction Easement shall cease and the PROPERTY shall revert with the right of immediate possession and right of entry to the GRANTOR or its successors in interest. GRANTEE shall promptly and peacefully surrender and deliver possession of the PROPERTY to GRANTOR in accordance with the covenants herein contained. All notices or other communications which shall or may be given pursuant to this Temporary Construction Easement shall be in writing and shall be 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 actual 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 6 14- 213 • American Drive Miami Florida 33133 with a co sent t �ffiye ► ► PY 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's County Manager at 111 NW First Street, 29th Floor, Miami, Florida, 33128, with a copy sent to the Director of Miami Dade Water and Sewer Authority Department, PO Box 330316, Miami, Florida 33233-0316. 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 been made unless such waiver is in writing and signed by GRANTOR and GRANTEE. The failure of either party to insist upon the 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 94- 213 notice of default, 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 and the County have executed this EASEMENT by their officers duly authorized as of the day and year first above written. ATTEST: By: • Matty Hirai City Clerk ATTEST: By: Harvey Ruvin Clerk THE CITY OF MIAMI, FLORIDA Cesar H. Odio City Manager METROPOLITAN DADE COUNTY Joaquin G. Avino, P.E., P.L.S. County Manager 94- 213 8 LEGAL REVIEW BY: APPROVED AS TO LEGAL DESCRIPTION: G. Miriam Maer Waldemar E. Lee Chief Asst City Attorney Acting Director of Public Works APPROVED AS TO FORM & CORRECTNESS: A. QUINN JONES, III City Attorney LEGAL REVIEW BY: C. Jan Strayhorn Assistant County Attorney APPROVED AS TO LEGAL DESCRIPTION: Jack Clark, Asst Chief, Right-of-way Dade County Public Works Dept 94- 213 • E A� EXHIBIT A Page 1 of 2 TEMPORARY CONSTRUCTION EASEMENT BETWEEN CITY OF MIAMI AND METROPOLITAN DADE COUNTY LEGAL_DESCRIPTION AT FORMER FLORIDA EAST COAST RAILWAY AND P & 0 PROPERTY MIAMI, FLORIDA APPROXIMATELY 40,000 SQUARE FEET OF LAND OWNED BY THE CITY OF MIAMI ON THE EAST SIDE OF BISCAYNE BLVD. IN THE DOWNTOWN AREA OF THE CITY OF MIAMI, DADE COUNTY, FLORIDA A tract of land, some of which is submerged in Section 37, Townships 53 and 54 South, Range 42 East, said Tract of land Iying situate and being in the City of Miami, Dade County, Florida, and being more particularly described as follows: Begin at the point of intersection of the Easterly extension of the Center line of 3rd Street (now known as N.E. 9th Street) as shown on A. L. KNOWLTON'S MAP OF MIAMI, according to the Plat thereof recorded in Plat Book "B" at Page 41 of the Public Records of Dade County, Florida, with the Easterly Right -of -Way boundary of BISCAYNE BOULEVARD, said Easterly Right -of -Way boundary of BISCAYNE BOULEVARD being parallel to and 53 feet Easterly of, as measured at right angles to, the Easterly Right -of -Way boundary of BISCAYNE DRIVE as shown on said A. L. KNOWLTON'S MAP OF MIAMI; thence run South 89 degrees 57'43" East along said Easterly extension of the Center line of said N. E. 9th Street (formerly known as 3rd Street) a distance of 1354.80 feet to the point of intersection with the BULKHEAD LINE as shown on REVISED PLAT OF SHEET 3 - METROPOLITAN DADE COUNTY, FLORIDA BULKHEAD LINE - PART THREE, according to the Plat thereof recorded in Plat Book 74 at Page 18 of the Public Records of Dade County, Florida; thence run South 00 degrees 17'33" West along said BULKHEAD LINE a distance of approximately 300 feet to the North end of the F. E. C. Tract bulkhead and the easement Point of Beginning; thence run South 00 degrees 17'33" West along said BULKHEAD LINE a distance of 200.00 feet; thence run North 89 degrees 42'27" West a distance of 200.00 feet; thence run North 00 degrees 17'33" East a distance of 200.00 feet; thence run South 89 degrees 42'27" East a distance of 200.00 feet to the easement Point of Beginning. 94- 213 Tit,' 1 " E. j� 13 �r Carr o j CONTRACT 1 ,r .�=�. .,ram• � �TIIc/R r ;• SOUTH F.D.O.T. SOU rA4 510E OF PRG .... PROP. COFFER ,--- I�ur. 'Yb "fit / W. CONTRACT w-100- 6 Durocher Dock & Dredge 958 North Huron Street - P.O. Box 8 CHEBOYGAN. MICHIGAN 49721 Telephone (616) 627-SM 14 _ 213