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HomeMy WebLinkAboutR-94-0524RESOLUTION NO. 9 524 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN GRAN CENTRAL CORPORATION (GCC) AND THE CITY OF MIAMI FOR THE RIGHT AND PRIVILEGE TO CONSTRUCT, INSTALL AND MAINTAIN NINE POLES AND STREET LIGHTS LOCATED ALONG NORTHWEST 1ST AVENUE BETWEEN NORTHWEST 8TH STREET AND NORTHWEST 5TH STREET, MIAMI, FLORIDA. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized'/ to enter into a license agreement, in substantially the attached form, between Gran Central Corporation (GCC) and the City of Miami for the right and privilege to construct, install and maintain nine poles and street lights located along Northwest 1st Avenue between Northwest 8th Street and Northwest 5th street, Miami, Florida. Section 2. This Resolution shall become effective immediately upon its adoption. -11 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. ATTACHMENT � CONTAINED CWT, C101Vfl.VT1S!U0W Yllcl OP k'af.?liation filo. 94 - 524 PASSED AND ADOPTED this 14th day o July , 1994. STEP EN P. CLARK, r YOR A MA TY HIRAI, CITY CLERK PREPARED AND APPROVED BY: IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: /ozcw A. QTnNN J' ES, I I CITY ATTO EY LICENSE AGREEMENT This License Agreement, made and entered into, in triplicate, this day of 19_, by and between Gran Central Corporation, hereinafter called "GCC", the City of Miami, a municipal corporation of the State of Florida, (Address: 275 Northwest 2nd Street; Miami, Florida 33128), hereinafter called "LICENSEE": W I T N E S S E T H GCC, for and in consideration of the sum of $50.00, plus Florida Sales and Use Tax payable by the LICENSEE, and the covenants and agreements of said LICENSEE hereinafter set forth, hereby gives to LICENSEE the right and privilege to construct, install and maintain certain appliances or fixtures for such time hereafter as GCC, in its discretion shall and may permit, as follows: Nine poles and street lights located along Northwest 1st Avenue between Northwest 8th Street and Northwest 5th Street at Miami, Florida, to be installed pursuant to the attached specifications. All as shown on LICENSEE'S Print No. B-5412, sheets 10, 17 & 19, dated May 10, 1988, attached hereto and made a part hereof as Exhibit "A". 94- 524 f " i it is understood between the parties hereto, that GCC reserves unto itself, its successors, permittees, licensees or s any other persons acting under GCC's authority, the right to construct, maintain or remove any other facilities, including but not limited to pipelines and/or communication cables, over, under or adjacent to the herein licensed facilities, and further, that LICENSEE shall take no measures to interfere with the construction, maintenance or removal of such facilities, unless the construction or removal of said facilities are prohibited by any statute or there is any other legal limitation and as long as the proper permits and other relevant licenses or authorizations required by law are properly obtained by GCC. LICENSEE also agrees to relocate, rearrange or modify the facilities hereby licensed to accommodate said pipelines and/or communication cables at its sole cost and expense, in the event such relocation, rearrangement or modification is deemed necessary by GCC. AND LICENSEE HEREBY COVENANTS AND AGREES AS FOLLOWS: 1. Said appliances or fixtures hereby permitted, shall be 1 b of the usual strength and fitness for the purpose used and be installed in a good and workmanlike manner. All construction or installation of all LICENSEE's appliances or fixtures shall be both commenced and completed within SIX (6) MONTHS from the date of this instrument and so reported in writing by LICENSEE unto GCC within SIX (6) MONTHS' or the LICENSEE shall be in default pursuant to the terms of this License Agreement and this License Agreement shall stand automatically terminated without any need 94- 524 for notice or action by GCC. 2. Said appliances or fixtures shall be of good and sufficient quality and size for the purpose used and shall be located as hereinafter designated by GCC and securely planted and fastened so as to prevent the same from falling on the property of GCC or upon other wires on the property of GCC. No other facilities of the LICENSEE shall be located upon any of GCC's property without GCC's prior written permission. 3. In the event a license is hereby given for an electric light or power line of lines crossing over or under the property of GCC, then such crossing shall be constructed and maintained in conformity with the provisions of the National Electrical Safety Code, as set forth in Handbook H-43 of the National Bureau of Standards in its present form or as subsequently revised, and also in conformity with additional requirements of GCC to protect its additional facilities located on the property of GCC from any injury or damage arising from the aforesaid location of LICENSEE's facilities. 4. The LICENSEE shall within thirty (30) days after date hereof, obtain all necessary permits, licenses, and franchises a required by law. Whenever under this Agreement, LICENSEE's power lines cross or are located adjacent to any lines or wires of any licensed communication utility on the property of GCC, Licensee shall at all times prevent interference in any way with the construction, maintenance, or operation of such crossed or adjacent telephone and telegraph wires, and shall adopt, use and maintain the best known and and most effective methods to protect the aforesaid telephone and telegraph wires and lines from physical hazard and inductive interference. 9 4_ 524 -3- I� 5. Said appliances or fixtures of the LICENSEE shall not at any time interfere with or endanger the property of GCC, or b toe operations, mdintenance or improvements of GCC, or of any other party thereon; and LICENSEE shall at its own expense, on notice from GCC forthwith change, improve or repair such appliances or fixtures causing such interference or endangerment as may be prescribed by GCC. F. GCC reserves the right to cancel this License Agreement upon thirty (30) days prior written notice and LICENSEE will at its own expense, within the aforementioned thirty (30) days, remove any and all said appliances and and/or fixtures from the property of GCC. 7. LICENSEE agrees that upon LICENSEE failing to completely construct or install as provided in Paragraph 1 or abandoning or ceasing to use and maintain said appliances or fixtures herein specified, or upon the cancellation and termination of this agreement as herein provided, or upon the accidental or any other breakage of said appliances or fixtures causing damage or danger to the property of GCC,- LICENSEE shall s and will at once remove said appliances or fixtures and restore the premises to its former good condition or at once repair such breakage or damage at its own cost and expense; and failing to do so, GCC may make such removal or restoration at the cost and expenses of LICENSEE. a. LICENSEE shall and will cause due notice to be given to GCC when LICENSEE or its contractor or anyone claiming under LICENSEE, proposes to enter property of GCC with such appliances or fixtures or for any necessary excavations therefo�,�in order 5 -4- ;;�� that proper safety measures may be taken. In addition to the terms of Paragraph 3, any subgrade or abovegrade crossing of s GCC's property is subject to the terms of the "GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVEGRADE CROSSINGS OF THE RAILWAY'S RIGHT OF WAY" issued by the office of Chief Engineer, Florida East Coast Railway Company, the terms and conditions of which are incorporated herein by reference. 9. To the extent allowed by law, and subject to the limitations of Florida Statutes 768.28, LICENSEE shall indemnify, save and hold harmless GCC, its agents, servants and employees form and against all loss, claims, costs, charges, expenses, suits, damages, and judgments, which they may suffer, sustain or in anywise be subjected to, or for which it may be held liable on account of any loss or damage caused in any manner to any of LICENSEE's buildings, structures, works and any personal property whatsoever of LICENSEE, situated, placed, kept or stored on, in or near the property or premises hereby licensed, as well as on account of loss or damage to any personal property whatsoever, not owned by LICENSEE, whether owned by GCC or by -others, arising directly or indirectly out of or on account of the Licensing to or use by LICENSEE of the property hereby licensed, whether due or claimed to be due by the joint negligence of GCC, its employees, agents or servants or otherwise. 10. LICENSEE covenants to pay GCC all costs of supervision, labor and material incurred'by GCC in supervising, protecting and restoring, if necessary, the property of GCC by reason of LICENSEE's operations under this Agreement. 9 4 524 r_ 11. This Agreement shall be binding upon the successors or the heirs and assigns of LICENSEE and none of the covenants or agreements herein contained shall be waived or modified except by both parties hereto in writing and no alleged verbal waiver or modification shall be binding under any circumstances. 12. LICENSEE agrees to pay GCC, upon the execution and delivery of this Agreement, the necessary amount of documentary stamp taxes required to be affixed to this Agreement under the laws of the United States of America, the State of Florida, or both. 13. LICENSEE agrees that, if LICENSEE is herein required to pay unto GCC any sum of money as may be specified on first page hereof, LICENSEE will pay unto GCC the sum of QD . CC in cash in advance for each year for which this Agreement may be renewed or may remain in effect beyond one year from date hereof. 14. LICENSEE agrees that it will, at its expense, adjust its said facilities to any physical change or additions made at any time by GCC to its property or the facilities thereon. 15. LICENSEE agrees that its facilities shall be installed and maintained by and. at the expense of LICENSEE in a manner that will not at any time be a danger to or interfere with the safe and efficient operation of GCC, that such work shall be subject at all times to the approval of an authorized representative of GCC, which approval shall not be unreasonably withheld. 16. In the event that LICENSEE were to be a.municipality or a public or quasi -public corporation then it shall agree that no assessment or other charges of any nature whatsoever shall be 94- 524 levied or made against GCC or against its property on account of the installation or existence of LICENSEE's facilities at this location. 17. All parties hereto agree that the provisions of General Specifications, contained in the five pages entitled, "GENERAL SPECIFICATIONS FOR SUHGRADE AND ABOVEGRADE CROSSINGS OF THE RAILWAY'S RIGHT OF WAY, "attached hereto and made a part hereof, shall apply to the work of, materials, and rights and privileges hereby given to LICENSEE. 18. It is further mutually understood and agreed by and between the parties hereto that said subgrade crossing installation shall be marked by the erection of a suitable monument located on each side of GCC's property. 19. NONPAYMENT AND PLACE OF VENUE. It is expressly agreed by and between the parties hereto that any obligations of the LICENSEE under the terms of this Agreement which are not paid within thirty (30) days of presentation of bills for same by GCC shall bear interest at the rate of twelve percent (12%) per annum from the date of presentation of the bill until same shall be paid. It is further expressly agreed that in the event GCC shall institute and prevail in any action or suit for the enforcement of any of its rights under the provisions of this Agreement, LICENSEE shall pay to GCC a reasonable attorney's fee on account thereof. In the event of litigation, the parties also agree that the laws of the State of Florida will apply. Venue shall be in Dade County. 94- 524 20. Notwithstanding the term of this License Agreement and the advance payment of rental therefor, GCC reserves the right to cancel this License Agreement upon thirty (30) days' prior written notice. LICENSEE shall have no expectations of renewal and agrees that the term of this License Agreement is only for the time specified herein, subject always to the termination provisions and regardless of the length of time that LICENSEE's facilities may have occupied the licensed property, or the construction of its facilities or personal property placed thereon. Upon cancellation of this License Agreement, .LICENSEE will, within the aforementioned thirty (30) days, remove any and all said appliances and/or fixtures of the LICENSEE from the property of GCC. 21. LICENSEE waives and relinquishes any legal rights and monetary claims which it may have for full compensation, or damages of any sort, including but not limited to special damages, severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the licensed property specified in this License Agreement whether such property is taken by eminent domain proceedings or sold under the threat thereof. 94- 524 f IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed in duplicate the day and year first herein written. Signed, sealed and delivered GRAN CENTRAL CORPORATION, in the presence of: a Florida Corporation, By: (seal) / President: Attest: Witnesses as to Railway Assistant Secretary Date of Execution: CITY OF MIAMI, a municipal corporation of the State of Florida, By: (seal) City Manager Attest: Witnesses as to City Date of Execution: APPROVED AS TO INSURANCE: APPROVED AS TO FORM AND CORRECTNESS: Director of Risk Management City Attorney FEC APPROVAL (Form Accuracy Industry Railway (A r all' I Execution j Executionj I 94- 524 f -9- FLORIDA EAST COAST RAILWAY COMPANY OFFICE OF CHIEF ENGINEER GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVE GRADE CROSSINGS OF RAILWAY'S RIGHT OF WAY I. GENERAL PROVISIONS A. A plan and profile drawing containing all pertinent details for the proposed crossing shall be submitted to the Office of the Chief Engineer for approval preliminary to prepar- ation of an agreement if approved. B. The plan will show all information for the proposed crossing installation with reference to the nearest Railway survey station or distance to nearest mile post, Railway right of way, tracks, or any other Railway facilities or structures in the vicinity. C. Request for installation shall be accompanied with a letter signed by the owner, company official, or government agent. D. The lessee will be responsible for any and all costs of re- pairs or maintenance of the Railway's property and structures disturbed or damaged due to the installation or construction after effects. E. The lessee of an installation approved by agreement will be required to provide proof of protective insurance for and during construction. II. SUBGRADE PIPELINE AND CABLES A. All subgrade carrier pipelines and wirelines will be installed within a casing pipe. 1. All casing pipes will extend from right of way line to right of way line. 2. The Railway will not permit casing installation by opep-cut method through the roadbed. B. Application will be accompanied with plans showing profile in relation to actual ground, track, and other facilities at the project site. 1. The method of installation will be detailed including the location of jacking pit as measured from centerline of near track. 9 4 - 524 T___ •1 ..0 G 2. The casing pipe must be installed at least 5.5 feet below bottom of tie. 3. Jacking pit location must be at least 30.00 feet from centerline of near track for pit down to 20 feet below grade. The pit will be protected with adequate sheeting, bulkheads, and sidewalls to protect the Railway's roadbed. Barricades and lights will be set around the pit for protection. C. Casing Pipe Specifications are as follows: 1. Casing pipe shall have a minimum diameter of 2.0 inches and size 2.0 through 8.0 inch diameters must be gal- vanized and standard weight ASTM Specifications A53, Grade B. Thread coupling is allowed. 2. Casing pipe 6.0 and 8.0 inch diameters may be used complying with C-3. 3. Casing pipe shall be in accordance with current ASTM Specification A139 and be protected by a black bituminous coating for PROTECTION AGAINST CORROSION. Wall thickness shall be as follows: DIAMETER THICKNESS (inches) (inches) 6 - 16 1/4 18 - 20 5/16 22 - 24 3/8 26 - 28 7/16 30 - 34 1/2 36 - 38 9/16 40 - 48 5/8 52 - 56 11/16 60 - 66 3/4 72 - 78 13/16 84 - 90 7/8 96 - 102 15/16 108 - 114 1 120 1-1/8 4. All casing pipe joints will be welded in accordance with AISC Specifications, Section 1-7-2. All joint welds will be full penetration. 5. At no time will construction interfere with the normal and safe" operation of the Railway. No construction, manpower, or equipment will enter the right of way beyond safety clearance limits of 20.0 feet from the centerline of near track. 94- 524 6. All casing pipe installations where the diameter is greater than 48 inches will require a preconstruction conference at the project site. 7. Preconstruction arrangements will be made with the office Chief Engineer at least one week prior to construction. A Railway inspector must be present during the entire construction of the casing pipe. The inspector will have complete authority over the project on the Railway's right of way. 8. All costs to provide inspection will be borne by the lessee. D. Tunnel liner requirements are as follows: 1. All applicable preceding sections will govern tunnel liner usage proposals. 2. Tunnel liner plate will be 12 Pi, galvanized, and all bolts and nuts will be galvanized. 3. Live load will be based on E-80 Railway Loading using applicable formulae and computations performed by a registered professional engineer. The computation results will accompany the plans for review by the Office of the Chief Engineer. 4. Grout holes will be provided at 10 foot intervals along the roof and sides. 5. The tunnel liner jacking shield will protect 180 degrees of the upper section and material removed to allow for a minimum 1:1 slope with a minimum 2.0 feet of undisturbed soil supporting the overburden. 6. The tunnel line installation will progress with sufficient manpower and supervision for around the clock construction until the liner is completed. E. Carrier pipeline specifications are as follows: 1. Reinforced Concrete Pipe .a. Materials: Modified bell and spigot or tongue and groove in accordance with current ASTM Specification C76 Class IV for Railway strength pipe or current specification for prestressed concrete pipe. 94- 524 r _ i b. Joints: Rubber and steel joint for prestressed pipe in accordance with current Lock Joint Pipe Company Specification on SPS, or equivalent. Joints for bell and spigot and tongue and groove pipe to be in accordance with current standard practice. Joints may be made using confined continuous rubber gasket. 2. Cast Iron Pipe a. Materials: Pipe must conform to current ASTM Specification A142 for "Standard Pipe." b. Joints: Bell and spigot, caulked with lead and oakum, or and approved mechanical type. 3. Polyethylene Pipe a. Materials: Pipe must conform to current ASTM Specifications D2104, Schedule 40, for standard pipe. 4. Steel Pipe a. Materials: Pipe must conform to current ASTM Specification A120, Schedule 40. b. Joints: All joints must be welded or of an approved mechanical type. F. Carrier pipe with and internal pressure less that 30 psi shall have the ends of the casing pipe sealed after installation. G. Carrier pipe with and internal pressure of 30 psi and over shall have the casing pipe open at the ends if local conditions permit water from leaks to discharge into drainage ditch of manhole. If this is not practicable, the casing pipe shall be sealed at both ends and 4 inch relief vent provided at either end off the Railway's right of way, which shall discharge into drainage ditch or sewer. Casing pipe shall have _a_minimum inside diameter of 6.0 inches crreater that the maximum outside diameter of the carrier pipe, including bell ends of_flanges. H. Uncased high pressure gas pipe line crossings will be permitted provided they comply with the requirements of Chapter One, Part 5.2, specifications for Uncased Gas Pipe Line within the Railway Right of Way (1993), as is contained in the "Manual for Railway Engineers", issued by the American Railway Engineers Association. In the event of conflict the provisions of the "General 94 5 Specifications for Subgrade and Above Grade Crossing of Railway's Right of Way" shall supersede. III. ABOVE GRADE STRUCTURES A. All applicable preceding sections will govern the installation. B. Minimum clearance of 23 feet 6 inches over top of rail of highest track shall govern the proposed structure. C. Rredesign conference with the Chief Engineer will set forth horizontal clearance of subgrade, grade and above grade construction and structural limits. IV. ABOVE GRADE WIRELINES A. All power lines and cables will provide a minimum clearance above top of rail of highest track of 43.0 feet for up to 50 KV. An additional 0.4 inch of clearance must be provided for each KV in excess of 50 KV. B. All. power lines and cables lying within a grade crossing will provide a minimum clearance above top of rail of highest track of 50.0 feet for up to 50 KV. An additional 0.4 inch of clearance must be provided for each KV in excess of 50 KV. C. All cable will provide a minimum clearance above top of rail of the highest track of 43.0 feet. D. Any wireline or cable at a grade crossing protected with crossing gates must clear the tip of the gate are by a minimum of 6.0 feet when the gate are is in the raised position. E. Should the Railway add crossing gates to grade crossing protection, raising of wirelines or cables shall be preformed immediately on notice and at the sole cost and expense of the lessee. F. All applicable preceding sections will govern the installations. V. MISCELLANEOUS A. Cathodic protection of pipelines, cables, or casings. 1. When cathodic protection is provided, it shall be installed so as not to induce currents which will interfere with the signal apparatus of the Railway. Any changes required in the manner, method, or • location of such cathodic protection shall be made at the sole cost and expense of the lessee and to the satisfaction of the Chief Engineer of the 9 4 524 Railway or his duly authorized representative. 1 CITY OF MIAMI, FI..URIDA 45 TO` The Honorable Mayor and Members DATE : MAY 3 I FILE of the City Commission I994 8u81ECT Kesolution authorizing License Agreement i �,�i FROM ; Cesa Rio REFERENCES City ger ENCLOSURES N: It is respectfully recommended that the City Commission pass the attached resolution authorizing the City Manager to enter into a License Agreement between the Gran Central Corporation (GCC) and the City of Miami for the right and privilege to construct, install and maintain nine poles and street lights located along Northwest 1st Avenue between Northwest 8th Street and Northwest Sth Street, Miami, Florida. MCKGRQUk ; This contract was originally approved by the City Commission on March 25, 1993 by Resolution No. 93-'201. The original contract was between Gran Central Corporation, The Miami Sports and Exhibition Authority ("MESA") and the City of Miami. This new contract is only between the Gran Central Corporation and the City of Miami. The deletion of MESA as a party to the agreement is a major change to the terms approved by the City Commission, which requires that this item be placed on the again on the agenda for the City Commission consideration. Attachment 94- 524 ��"�