HomeMy WebLinkAboutR-92-0290J-92-333
4/29/92
RESOLUTION NO.9 2 9
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN EASEMENT
AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED, BETWEEN THE CITY OF MIAMI AND
METROPOLITAN DADE COUNTY, WHICH AGREEMENT
CLARIFIES AND DEFINES EASEMENT RIGHTS ON A
PORTION OF THE METROMOVER RIGHT- OF- WAY
LOCATED AT THE COLLEGE NORTH STATION ON N.E.
7 5TH STREET AS REQUIRED FOR VEHICULAR ACCESS
TO AND FROM THE FEDERAL LAW ENFORCEMENT
BUILDING; SAID AGREEMENT TO BE FOR AN INITIAL
TERM OF FIVE YEARS WITH THE OPTION TO RENEW
FOR CONSECUTIVE FIVE(5) YEAR PERIODS, FOR AN
AMOUNT OF $1.00 AS RENTAL PAYABLE IN ADVANCE
TO METROPOLITAN DADE COUNTY.
WHEREAS, the City of Miami, in cooperation with the
U.S. General Service Administration, is constructing a Federal
Law Enforcement Building on City -owned property located at the
corner of N.E. 1st Avenue and N.E. 4th Street in downtown Miami;
and
WHEREAS, the property purchased by the City for the
Federal Law Enforcement Building excludes a small portion of Lot
3 of Block 78 which is owned by Metropolitan Dade County; and
WHEREAS, the City of Miami and Metropolitan Dade County
entered into a Right of Entry Permit Agreement on August 29, 1991
to allow the City vehicular access to and from the Federal Law
Enforcement Building through the permit area, located under the
Metromover Right -of -Way at the College North Station; and
ATTACHMENTS)
CONTAINED
CITY COrOUSSION
MEETING OF
MAY 14 1992
Resolution No.
92- 290
6
J-92-333
4/29/92
RESOLUTION NO.� � _ � 9
A RESOLUTION, WITH, '" ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN EASEMENT
AGREEMENT, IN SUBSTANTIALLY THE FC)RM
ATTACHED, BETWEEN THE CITY OF MIAMI AND
METROPOLITAN DADE COUNTY, WHICH AGREEMENT
CLARIFIES AND DEFINES EASEMENT RIGHTS ON A
PORTION OF THE METROMOVER RIGHT OF - WAY
LOCATED AT THE COLLEGE NORTiH STATION ON N.E.
5TH STREET AS REQUIRED FOR VEHICULAR. ACCESS
TO AND FROM THE FEDERAL LAW ENFORCEMENT
BUILDING; SAID AGREEMENT TO BE FOR AN INITIAL
TERM OF FIVE YEARS WITH THE OPTION TO RENEW
FOR CONSECUTIVE FIVE(5) YEAR PERIOD, FOR AN
AMOUNT OF $1.00 AS RENTAL PAYABLE IN ADVANCE
TO METROPOLITAN DADE COUNTY.
WHEREAS, the City of Miami, in cooperation with the
U.S. General Service Administration, is constructing a Federal
Law Enforcement Building on City -owned property located at the
corner of N.E. 1st Avenue and N.E. 4th Street in downtown Mfami;
and
WHEREAS, the property purchased by the City for the
Federal Law Enforcement Building excludes a small portion of Lot
3 of Block 78 which is owned by Metropolitan Dade County; and
WHEREAS, the City of Miami and Metropolitan Dade County
entered into a Right of Entry Permit Agreement on August 29, 1991
to allow the City vehicular access to and from the Federal Law
Enforcement Building through the permit area, located under the
Metromover Right-of_Way at the College North Station; and
ATTACNPd��NT(S)
C�DNTAtNED
CITY COMMISSION
N.EETIIdG OF
MAY 1 � 1992
AasoIuttoa No.
92— 294
WHEREAS, the Right of Entry Permit is for a period of
one year and permission from the County to access the building
.from the permit area is required on a permanent basis;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Commission hereby authorizes the
City Manager to enter into an agreement, in substantially the
form attached, between the City of Miami and Metropolitan Dade
County, which agreement clarifies and defines easement rights on
a portion of the tetromover right of- way at the College North
Station on N.E. 5th street as required for vehicular access to
and from the Federal Law Enforcement Building.
Section 2. This legislation shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of May , 1992.
PREPARED AND APPROVED BY:
,A
V/
LINDA K. KEARSO
ASSISTANT CITY ATTORNEY
,VIER L. SU EZ, MA'
APPROVED AS TO FORM AND
CORRECTNESS:
46 QOWN , II
CITY ATT EY
y2_ 290
LIN
EASEMENT AGREEMENT
This Easement Agreement, made on the day of 1992,
by and between Dade County, a political subdivision of the
State of Florida, hereinafter referred to as "County", and the
City of Miami, a municipal corporation of the State of Florida,
hereinafter referred to as "City".
WITNESSETH:
That the County, for and in consideration of the
restrictions and covenants herein contained, hereby gives an
Easement to the City on a portion of the Metromover Right of
Way described in Exhibits A, B, and C, attached hereto and
incorporated herein by reference.
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE
RESPECTIVE PARTIES HERETO:
1. TERMS AND AGREEMENT: The purpose of this Easement -
Agreement is to allow the City vehicular and pedestrian access -
under the Metromover guideway from the Federal Law Enforcement
Building to and from NE 5th Street. The easement area shall =
consist of exhibits A, B. and C. The City may not park any
cars in the easement area. Uses other than as stated herein -
--
shall require the County's written consent. The term of this
-'
Easement shall be for five (5) years, commencing upon approval =
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by the Board of County Commissioners and terminating five years
thereafter. The rental for this Agreement is One Dollar
($1.00), payable in advance to the Metro -Dade Transit Agency,
-
Accounts Receivable, P.O. Box 010791, Miami, Florida
33101-0791, or at such other place and to such other person as
the County may designate in writing.
2. CANCELLATION: The County, shall have the right to
cancel this Easement Agreement at any time by giving the City
at least thirty (30) days written notice.
J
3. RENEWAL: This Agreement shall be automatically
renewed for consecutive five (5) year periods under the same
terms, conditions, and provisions established herein, unless
the County exercises the cancellation prevision in Article 3
=:
above.
5
4. ASSIGNMENT: The City shall not assign this Agreement.
5. LAWS REGULATIONS, AND PERMITS: The City shall comply
with all applicable statutes, ordinances, rules, orders,
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regulations, and requirements of the Federal, State, County, or
Municipal Governments. The City shall provide proof of
compliance with all applicable required licenses, permits, and
other legal requirements prior to execution of this Easement.
92- 290
6. INDEMNIFICATION: The City shall indemnify and save
the County harmless from and against all claims, liability,
losses, and causes of action, costs and damages to persons or
property which may arise out of the fulfillment of this
Easement to the extent of the limitations included within
Florida Statutes, Section 768.28, as amended, and shall further
indemnify and save the County harmless from any and all
judgments in excess of the limitations of said Section 768.28
which are required to be paid by act of the State Legislature.
However, nothing herein shall be deemed to indemnify the County
for any liability or claims arising out of the negligence,
performance, or lack of performance of the County. In addition
thereto, the County shall be named as additional insured on all
insurance policies required from the City, its employees,
contractors, sub -contractors, licensees, invitees, patrons,
their heirs, legal representatives, and assigns.
In accepting this Easement Agreement, the City, for
itself, its legal representatives, successors and assigns,
thereby releases the County from all liability, claims,
demands, actions, judgments, damages, costs, and expenses of
any nature whatsoever in any way arising out of the actions of
the City during the term of this Easement, including but not
limited to all third party claims by employees, contractors,
sub -contractors, licensees, invitees, patrons, their heirs,
legal representatives, and assigns.
7. RIGHT OF ENTRY: The County, or any of its agents,
shall have the right to enter upon said premises to examine
the same and to perform inspections and repairs to the
Metromover guideway.
8. SECURITY: It is expressly understood that the City is
solely responsible for the personal safety of its employees,
invitees, or any other persons entering the easement area in
connection with this Easement as well as any and all equipment
and/or personal property installed or brought into the easement
area. The County shall not in any way assume responsibility
for the personal safety of such persons, equipment, or personal
property in case of loss, theft, damage, or any other type of
casualty which may occur.
9. MAINTENANCE: The City, at its'§ole cost and expense
shall maintain the easement area in a clean and sightly
condition and shall not allow refuse or debris to accumulate.
The City will not park any vehicles in the easement area, nor
will it allow any of its employees, contractors,
sub -contractors, licensees, invitees, patrons, their heirs,
legal representatives, or assigns park in the easement area.
92- 290
10. Alterations and Improvements_ by_Tenant: The City may
make reasonable non-structural alterations, additions or
improvements in or to the premises with the prior written
consent of the County. All additions, fixtures, or
improvements shall be and remain a part of the premises at the
expiration of this Easement or will be removed at the County's
option. Such removal will be made at the City's sole cost and
expense. If the County approves the request as submitted by
the City, or as it may be modified subsequent to negotiations
between parties, the City shall make the improvements at its
sole cost and expense.
11. PERSONAL PROPERTY/SIGNAGE:
right to place appropriate signs on
to carry out the purposes of its us
Signage may not interfere with any
conducted at this easement area and
approval by the Metro -Dade Transit
the right at the termination of thi
remove all of its personal property
to or built into the right of way.
County for all damages to the right
removal or to restore the right of
the county's discretion.
The City shall have the
the easement area as needed
e as described herein.
other activities being
is subject to prior
Agency. The City shall have
s Easement Agreement to
including property attached
The City agrees to pay the
of way caused by such
way as provided above, at
12. SURRENDER AT EXPIRATION: Upon expiration or other
termination of this Easement Agreement, the City shall
immediately surrender possession of the premises to the County
in substantially the condition in which the City is required to
maintain the premises except for reasonable wear and tear and
damage by fire or casualty. If, within ten (10) days following
occurrence, the City fails to repair or replace any damage to
the premises caused by the City, its agents, contractors,
sub -contractors, licensees, employees or invitees, the County
may, at its option, cause all required maintenance and/or
repairs of replacements to be made. The City shall promptly
pay the County all costs incurred plus an administrative fee
of 20 % of such costs.
13. NOTICES: All notices, requests, demands, consents,
approvals, and other communication which are required to be
served or given hereunder, shall be in writing and shall be
sent by registered mail or certified U.S-. mail, return receipt
requested, postage prepaid, addressed to the party to receive
such notices as follows:
To County: Metro -Dade Transit Agency
3300 N.W. 32 Avenue
Miami, Florida 33142
Attention: Chief, Leasing Division
92- 290
To City: City of Miami
Dept. of Devel ent and
Housing Consei .ion
300 Biscayne ► J. Way, Suite 400
Miami, Florid ,3131
Attention: Assistant Director `
Either party may by notice given as aforesaid change its
address for all subsequent not' j. Notices given in
compliance with this section s 1 be deemed given when placed
in the mail.
14. WRITTEN AGREEMENT: This Easement Agreement contains
the entire agreement between the parries hereto and all
previous negotiations leading therel . and 1.k-- may be modified
or amended only by mutual consent of the parties in writing and
evidenced by resolutions approved by the Board of County
Commissioners and spread upon their respective minutes.
92- 290
F
Ej
IN WITNESS WHEREOF, the COUNTY and the CITY have caused
this Easement Agreement to be executed by their respective and
duly authorized officers the day and year first above written.
(OFFICIAL SEAL)
ATTEST:
MARSHALL ADER, CLERK
BY:
DEPUTY CLERK
Approved by County Attorney as
to form and legal sufficiency
Attest:
Matty Hirai
City Clerk
Approved by City Attorney as
to form and legal sufficienc.. e
DADE COUNTY, FLORIDA
BY ITS BOARD OF
County COMMISSIONERS
COUNTY MANAGER (LANDLORD)
CITY OF MIAMI
BY:
CITY MANAGER.(TENANT)
CITY OF MIAMI
(OFFICIAL SEAL)
1
EXHIBIT A
L E G A L D E S C R. I P T I O N
A portion of lot 31 block 78N, City of Miami, according to the
Plat thereof as recorded in Plat Book B at Page 41 of the Public
Records of Dade County, Florida, being more particularly
described as follows: Begin at the Northwest corner of said lot
3 thence South 2 degrees, 16 minutes 23 seconds East along the
West boundary of said lot 3 for 29.50 feet; thence South 84
degrees, 54 minutes and 34 seconds East for 50.36 feet; thence
North 2 degrees, 16 minutes, 23 seconds West along the East
boundary of said lot 3 for 36.00 feet; thence South 87 degrees 40
minutes and 32 seconds West along the southerly right of way line
of the N.E. Fifth Street for 49.95 feet to the point of
beginning. Less the North 10.00 feet of said lot 3.
92- 290
EXHIBIT B
Aj
EASEMENT AREA
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• 92 :.• 2-90
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CAm 12
TO : Honorable Mayor and Members DATE Oh � 1992 FILE
of the City Commission
SUBJECT : Resolution Authorizing
Execution of Agreement
with Dade County for an
A5�,e�FROM : Easement/Federal Law
REFERENc
Cesar H. Odio Ehnforcement Building
City Manager ENCLOSURES: For City Commission
Meeting of 5/14/92
It is respectfully recommended that the City Commission adopt the
attached Resolution, with an attachment, authorizing the City
Manager to enter into an agreement, in substantially the form
attached, between the City of Miami and Metropolitan Dade County,
which agreement clarifies -4nd defines easement rights on a
portion of the Metromover Ri�ht of Way located at the College
North Station on N.E. 5th Street as required for vehicular access
to and from the Federal Law Enforcement Building; said agreement
to be for an initial term of fiviq years with indefinitive numbers
of five year renewal options, and for an amount of $1.00 as
rental payable to Metropolitan Dade County.
8 CA KGROUNDs 1
u�
The Department of Development.,,_,dnd Housing Conservation,
Development Division, recommends that the attached Resolution be
adopted by the City Commission, thereby authorizing the City
Manager to enter into an agreement for easement rights on a
portion of the metromover right of way located at the College
North, Station on N.E. 5th street, as required for vehicular
access to and from the Federal Law Enforcement Building.
The City of Miami is now constructing through its developer,
Miami Capital Facilities, Inc., a Federal Law Enforcement
Building on City -owned property located at the corner of N.E. 1st
Avenue and N.E. 4th Street. The office and court facility will
be comprised of 12 stories plus a basement parking level having
approximately a total of 217,000 occupiable square feet. This
facility will house the U.S. Attorney's Office, other U.S. Law
Enforcement Agencies and courtrooms. Construction is expected to
be completed by November 1993.
0
92- 290
ALN
Honorable Mayor and Members
of the City Commission
Page Two
Vehicular access to and from the building on N.E. 5th Street,
occurs through an area owned by Metropolitan Dade County
underneath the Metromover Right of Way located at the College
North Station. The City of Miami and Metropolitan Dade County,
entered into a Right of Entry Permit Agreement on August 29, 1991
to allow the City vehicular access to and from the Federal Law
Enforcement Building through this area during construction of the
building.
The Right of Entry Permit is for a period of one year and
permission from the County to access the building from the permit
area is required on a permanent basis. It is therefore,
recommended that the City Commission adopt the attached
Resolution so that a permanent Easement may be obtained from
Metropolitan Dade County.
Attachments:
Proposed Resolution
Agreement for Easement
92- 290
•APR-13-'92_ MOO 15:49
April 13, 1992
I D, PBS PEG I ON 4 TEL f 40: 404 331.0465
Ar
General Services Administration, Region 4
401 West Peachtree Street
Atlanta, GA 30365-2550
Mr. Cesar H. Odio
City Manager
City of Miami
Post Office Box 330708
Miami, 1~L 33233-0780
U443 P01
Re: County/City Agreement for Access Easement Under Metromover
Federal Justice Building, Lease Contract No. GS-0413-31624
99 NE 4th Street, Miami, FL
Dear Mr. Odio:
The General Services Administration (GSA) has reviewed and does
hereby approve the proposed Easement for access under the
Metromover guideway for the new Federal Justice Building to and
from NE 5th Street.
we very much appreciate the continuing help and cooperation of
you and your staff on this important project.
sincerely,
i
Of f icer
WON" Fo tw Oo (74M
FAX TRANSMITTAL
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92- 290
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