HomeMy WebLinkAboutExhibitLICENSE AGREEMENT
THIS LICENSE AGREEMENT is hereby made and entered into this day
of , 2009, by and between The Miami Woman's Club, Inc. whose address is 1737 N
Bayshore Drive, Miami, Florida (hereinafter referred to as the "LICENSOR") and the CITY OF MIAMI, a
municipal corporation of the State of Florida, with offices at 444 SW 2"d Avenue, (Attn.: CIP Dept., 8'h Fl.)
Miami, FL 33130 (hereinafter referred to as the "CITY").
WITNESSETH;
WHEREAS, LICENSOR is the fee simple owner of certain real property (hereinafter referred to
as the "License Area") located in Miami -Dade County, Florida, as more particularly identified in Exhibit "A"
attached hereto and by reference made a part hereof; and
WHEREAS, CITY desires to use LICENSOR's property for the purpose of sloping, grading, and
tying in right-of-way improvements with those of the License Area, hereinafter referred to as the "WORK";
and
WHEREAS, the CITY's actions on the PROPERTY will result in connecting existing features to
the City's improvements in the area of the LICENSOR's property; and
WHEREAS, LICENSOR desires to grant to CITY a license for the aforementioned purpose,
NOW, THEREFORE, for and in consideration of the terms, conditions and mutual covenants
contained herein and other good and valuable consideration received by each party, the sufficiency of
which are hereby acknowledged, LICENSOR and CITY, hereby agree as follows:
1. LICENSOR hereby grants CITY, its agents, servants and assigns the right, privilege and license to
use the property described in Exhibit "A" (License Area) to locate, construct, install, operate,
inspect, alter, improve, maintain, repair, move and rebuild sidewalks, driveways, swales, or back
of sidewalk connections to natural ground, allied and related improvements, on, upon and across
said License Area with the same existing material; and attain ingress and egress to and upon said
License Area for the purpose of exercising the rights, privileges and license granted herein.
2. This License is granted for a primary term of two (2) years from the date first written above and
shall continue in full force and effect thereafter until terminated by LICENSOR or CITY on 60 days
prior written notice. The term may be extended for one additional one (1) year term upon mutual
written consent.
3. The CITY shall use its best efforts to inform the LICENSOR when WORK will begin by providing a
5 day advance notification.
4. LICENSOR retains the right to use the License Area in any manner not inconsistent with the rights
herein granted to CITY provided, however, that the LICENSOR shall not disturb the improvements
made to sidewalks, driveways, swales, or back of sidewalk tie-ins to natural ground in any way
without prior approval by the CITY.
5, The CITY expressly acknowledges and accepts its responsibility under applicable law (only to the
extent allowed by Section 768,28, Florida Statutes) for property loss, property damage, incident to
injury to persons or property, arising out of or resulting from the WORK or authorized use of the
License Area by the CITY , unless, however, such claim or demand shall arise out of or result
from the negligence or willful misconduct of LICENSOR, its servants, agents, employees, or
assigns or to claims in the nature of contract, equity, or violation(s) of an applicable law. This is a
statement of CITY responsibility but is NOT to be construed or interpreted as a hold harmless,
duty to defend, or indemnification by the CITY to any third party, including LICENSOR. Excepting
only the statement in this paragraph, the CITY expressly reserves its sovereign immunity.
CITY agrees that any and all work performed within the License Area and in association with the
purposes of this License shall be done in a good, safe, workmanlike manner and in accordance
with applicable federal, state, and local statutes, rules, regulations and ordinances now in force.
Upon termination of this License Agreement, CITY shall, within a reasonable time and at CITY's
sole cost and expense, remove all equipment, accessories, and materials owned by CITY from
the License Area and restore said License Area as nearly as practicable to its condition prior to
the granting of the License.
Whenever either party desires to give notice to the other, such notice must be in writing, sent by
certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a
request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is
intended at the place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this section. For the present, the parties
designate the following:
For City of Miami:
Pedro G. Hernandez, P.E.
City Manager
3500 Pan American Drive
Miami, Florida 33133
Julie O. Bru
City Attorney
City of Miami
444 S.W. 2"d Avenue, - 9th Floors
Miami, Florida 33130
with copies to:
Mr. Gary Fabrikant
Assistant Director
Capital Improvements Program
City of Miami
444 S.W. 2nd Avenue, - 8" Floor
Miami, Florida 33130
Hector Badia
Project Manager
Capital Improvements Program
City of Miami
444 S.W. 2nd Avenue, - 8"' Floor
Miami, Florida 33130
For The Woman's Club, Inc
(To be inserted)
The CITY agrees that any and all work to be performed shall not unreasonably/substantially
interfere with the ingress or egress to the property of LICENSOR during its regular business
hours. Any breach of this provision shall terminate this License Agreement following thirty(30)
days notice from Licensor to the City Manager, as provided in § 8 , when such breach is not
substantially cured in such thirty(30) day period.
10. Nothing herein shall be construed to be an admission of liability by either party for any purposes.
IN WITNESS WHEREOF, the undersigned parties have executed this License Agreement on the
day and year first above written.
LICENSOR:
Signed: Print Name:
STATE OF COUNTY OF
The foregoing instrument was acknowledged before me this day of 20_
by who is personally known to me or has produced
as identification and who did not take an oath.
Notary Stamp:
111WA
ATTEST
By: By:
Priscilla A. Thompson, City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS
By:
Julie 0. Bru, City Attorney
Signature of Notary Public Taking Acknowledgment
Print Name:
Serial Number (if any):
Commission Expires:
CITY OF MIAMI,
Hearo (3. Hernandez, aty manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
By:
LeeAnn Brehm,
Risk Management Director
O
ATTHE END OF 7RE OUTFALL
PIPE IN 5T ALL ITB WITH 25'
RADIUS AS PER FOOT INDEX 103---
BISCAYNE 80
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CURVE DATA CURVI
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O 18"
= 63.
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r PC STA. _ 151107181. 1PT 5TA. l
96p N. BAYSHORE CHIVE
STA. 150+00.00 E CONST.
v. Ltt v =
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CURVE DATA CU.RV2
P; STA. - 152,60.72
DELTA = 17' 4B' 51" IL11
0 = J9° 50' 59"
I = 22.53
L = 44.70
R 143.78
PC STA. _ /52+38.19
PT STA. = 152+82.89
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CITY OF 41MMI, FLORIDA 8-50658
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CURVE DATA CUPV3
P1 STA. 154+`85.41
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T = 202,52
L = 401.87
B = I. Jl J.60
PCI STA. = 152+92.a9
PT STA. - 156+84.77
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