HomeMy WebLinkAboutExhibitAIRCRAFT NOISE MONITORING EQUIPMENT
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("License"), is made and entered into as of this day of
, 2010, between the Miami -Dade Aviation Department, an administrative agency of Miami -
Dade County, a political subdivision of the State of Florida, (the "MDAD"), and the City of Miami, a
municipal corporation of the State of Florida, (the "CITY"), -
WHEREAS, the citizens of Miami -Dade County desire to have a means to monitor the amount of
aircraft noise being generated from operations from Miami International Airport ("MIA"), and
WHEREAS, the parties desire to cooperate and work together to reduce off -airport noise impacts;
and
WHEREAS, on July 14, 1998, the City Commission passed and adopted Resolution No. 98-755,
authorizing the City Manager to enter into an agreement with MDAD for the purpose of installing,
operating and maintaining certain noise monitoring equipment to be located in five City owned parks.
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
contained, the parties hereto agree as follows:
1. In consideration of the benefit to be derived by the citizens of Miami -Dade County from
the reduction of aircraft noise, the CITY hereby grants to MDAD the right to install, operate and maintain
certain noise monitoring equipment designed for the specific purpose of detecting and measuring noise
levels on the ground generated by aircraft in the vicinity of MIA (the "Equipment").
2. The Equipment was installed at the locationsdescribed in Exhibits "A", "B", "C", "D", and
"E", attached hereto and made a part hereof (hereinafter referred to as the "Locations"). Upon the
CITY"S requests, which request shall not be unreasonably denied, MDAD shall install the Equipment at
additional Locations selected by the CITY.
3. The Equipment shall be operated, maintained and removed at the sole cost of MDAD,
with the CITY having no responsibility of any nature whatsoever for damage to the said Equipment or to
any damage caused by the installation, operation maintenance or removal of the Equipment. MDAD will
secure the Equipment at all Locations by installing a six foot chain link fence surrounding all the
Equipment at each of the sites. If the CITY deems it is required, MDAD at its sole cost shall make all
necessary repairs to the Locations caused by MDAD'S use thereof. Should MDAD fail to repair any
damage caused to the Location within (10) days after receipt of written notice from CITY directing the
required repairs, CITY shall have the right, but not the obligation, to cause the Location to be repaired at
the sole cost and expense of MDAD. MDAD shall pay CITY the full cost of such repairs within ten (10)
days of receipt of an invoice indicating the cost of such required repairs.
4. The CITY hereby grants to MDAD the right of ingress and egress over the Locations
necessary or convenient for the installation, operation and maintenance of the Equipment.
5. The License shall have the Effective Date of February 1, 2009, and shall extend for a
term of five years. The City Manager is hereby authorized to renew the term of this License for one
additional five year period, if additional monitoring is required to benefit the residents of the area, upon
request of MDAD, submitted in writing at least ninety (90) days prior to the termination date.
6. Both parties agree that in the process of installing and maintaining the monitoring
Equipment, MDAD may be required to trim bushes or trees to prevent damage to the Equipment. Every
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effort shall be made by MDAD to minimize trimming. MDAD must receive written approval from the
Director of the CITY'S Parks and Recreation Department prior to trimming of any bushes or trees at the
Locations. Such approval will not be unreasonably withheld by the CITY.
7. Subject to the provisions of and within the limitations set forth in F.S. 768.28, the MDAD
shall indemnify, hold harmless and defend the CITY from and against any and all claims, suits, actions,
damages or causes of action whatever nature arising during MDAD'S use and occupancy of the
Locations, for any personal injury, loss of life or damage to personal and/or real property sustained in or
on the Locations, by reason of or as a result of MDAD'S use or operations thereon, and from and against
any orders, judgments or decrees which may be entered thereon, and from and against all costs,
attorney's fees, expenses and liabilities incurred in an about the defense of any such claims and the
investigation thereof.
MDAD further acknowledges that as a lawful consideration for being granted the right to
utilize and occupy the Locations, MDAD, on behalf of its employees, agents, invitees or officials, due
hereby release from any legal liability the CITY, its officers, agents and employees, from any and all
claims for injury death or property damage resulting from MDAD'S use of the Locations.
8. All notices or other communications which may be given pursuant to the License shall be
in writing and shall be deemed properly served if delivered by personal service or by certified mail
addressed to the CITY and MDAD at the address indicated herein or as the same may be changed from
time to time of for purposes of terminating or canceling the License the CITY may serve notice by posting
at the Locations. 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 or if by posting, on the day it
is posted at the Locations, whichever is earlier:
CITY OF MIAMI:
City of Miami
City Manager
3500 Pan American Drive
Miami, FL 33133
COPY TO.
City of Miami
Office of Asset Management
444 SW 2nd Avenue
Suite 325
Miami, FL 33130
MDAD:
Miami -Dade Aviation Department
Aircraft Noise & Environmental Planning Division
5600 NW 36th Street, Suite 533
Miami, FI 33166
9. MDAD accepts this License and hereby acknowledges that MDAD'S strict compliance
with all applicable federal, state and local laws, ordinances and regulations is a condition of this License,
and MDAD shall comply therewith as the same presently exist and as they may be amended hereafter.
10. IF MDAD in any manner violates the restrictions and conditions of this License, then, and
in the event, after ten (10) days written notice given to MDAD by the City Manager within which to cease
such violations or correct such deficiencies, and upon failure of MDAD to do so after such written notice
within said ten (10) day period, this License shall be automatically canceled as to the Location(s) in which
the violation occurred without the need for further action by the CITY.
11. Notwithstanding the provisions of Paragraph 10 above, if the CITY deems this License is
no longer in the best interest of the CITY, then this Agreement may be canceled in its entirety by the and
the CITY may require removal or relocation of the monitoring equipment from a specific Location, upon
thirty (30) days written notice to MDAD.
IN WITNESS WEREOF, each of the parties to this License Agreement has caused the same to
be executed the day and year first above written.
ATTEST:
Priscilla A. Thompson, CMC
City Clerk
APPROVED AS TO FORM AND CORRECTNESS
Julie O. Bru
City Attorney
ATTEST:
HARVEY RUVIN, CLERK
By:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Assistant County Attorney
CITY OF MIAMI, a municipal
corporation of the State of Florida
Carlos A. Migoya
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS
LeeAnn Brehm
Risk Management Administrator
MIAMI -DADS COUNTY, a political
Subdivision of the State of Florida
George Burgess
County Manager
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MIA MI INTERNATIONAL AIRPORT
Exhibit A
KINLOCH PARK
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MIAMI INTERNATIONAL AIRPORT
Exhibit B
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Exhibit C
Dawkins Park
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Exhibit D
WAINWRIGHT PARK
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Exhibit E
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