The URL can be used to link to this page

Home My WebLink AboutPre-License Agreementa ' AIRCRAFT NO BE MONITORING BQLIIPMENT LICENSE AGREEMENT THIS LICENSE AGREEMENT, is made and entered into as of this % day of ren--*ulgebetween the Miami -Dade County Aviation Department, an administrative agen of Miami Dade County, a political subdivision of the State of Florida, (the "MDCAD'), 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. 98.766, authorizing the City Manager to enter into an agreement with MDCAD 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 MDCAD 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 shall be installed at the locations described in Exhibits "B" "C" "D" and "E" attached hereto and made a part hereof (hereinafter referred to as the "Locations"). Upon the CITY'S request, which request shall not be unreasonably denied, MDCAD shall install the Equipment at additional Locations selected by the CITY. 3. The Equipment is to be installed, operated, maintained and removed at the sole cost of MDCAD, 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. MDCAD- will secure the Equipment at all Locations by installing a six foot chain link fence r l surrounding all the Equipment at each of the sites. If the CITY deems it is required, MDCAD at its sole cost shall make all necessary repairs to the Locations caused by MDCAD'S use thereof Should MDCAD fail to repair any damage caused to the Location within ten (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 MDCAD. MDCAD 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 MDCAD the right of ingress and. egress over the Locations necessary or convenient for the installation, operation and maintenance of the Equipment. 6. This License -Agreement shall become effective as of the date first written above, 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 MDCAD, submitted in writing at least ninety days prior to the termination date. 6. Both parties agree that in the process of installing and maintaining the monitoring Equipment, MDCAD may be required to trim bushes or trees to prevent damage to the Equipment. Every effort shall be made by MDCAD to minimize trimming. MDCAD must receive written approval from the Director of the CITY'S Parks and Recreation Department prior to the 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 MDCAD.shall indemnify, hold harmless and defend the CITY from and against any and all claims, suits, actions, damages or causes of action of whatever nature arising during MDCAD'S use and occupancy of the Locations, for any personal injury, lose of life or damage to personal and/or real property sustained in or on the Locations, by reason of or as a result of MDCAD'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. MDCAD further acknowledges that as lawful consideration for being granted the right to utilize and occupy the Locations, MDCAD, on behalf of its employees, agents, invitees or officials, does 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 MDCAD'S use of the Locations. 2 S. All notices or other communications which may be given pursuant to this License shall be in writing and shall be deemed properly served if delivered by personal service or by certified mail addressed to CITY and MDCAD at the address indicated herein or as the same m be �_ may changed from time to time or' for ' purposes of terminating or canceling this 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 Manager 3500 Pan American Drive Miami, FL 33133 City of Miami Office of Asset Management 444 SW 2nd Avenue Suite 325 Miami, FL 33130 Miami -Dade County Aviation Department Development Division 4200 NW 36 Street Building SA, 4tb Floor Miami, FL 33122 9. MDCAD accepts this License and hereby acknowledges that MDCAD'S strict compliance with all applicable federal, state and local laws, ordinances and regulations is a condition of this License, and MDCAD shall comply therewith as the same presently exist and as they may be amended hereafter. 10. If MDCAD in any manner violates the restrictions and conditions of this License Agreement, then, and in the event, after ten (10) days written notice given to MDCAD by the City Manager within which to cease such violations or correct such deficiencies, and upon failure of MDCAD 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 this Agreement may be canceled in its entirety or the CITY may require removal or relocation of the monitoring equipment from a specific Location, upon thirty (30) days written notice to MDCAD. IN WITNESS WHEREOF, each of the. parties to this License Agreement has caused the same to be executed the day and year first above written. ATTEST: APPROVED ►�i7 HARVEY RUVIN, CLERK W.m f I APPROVED AS TO FORM AND L. AL SUFFICIENC r Assistant County Attorney 4 I CITY OF MIAMI, a municipal coroofttion of the State of Florida Don d H. Warshaw City Manager APPROVED AS.TO INSURANCE REQUIRE el"I 1 , MARIO SOLDEVILLA RISK MANAGEMENT ADMINISTRATOR MIAMI -DARE COUNTY, a political subdivision of the State of Florida Merrett R. County M Exact location of the monitoring equipment to be deterained by the City's parks . . .......... ................... .. sow FWId % L—J PC* NW4th Tarr. Kinloch Park Phone oral Power 1 40' OW AM Z waiiar um Nm-7 FWO" VAft u", Matrap4Man VW9 County AvmA;on Oupwiment 4--- Perrmmmt Rdse Monitoring Locotim --ftm an &4kwW Imtwr4t;*r4j Akpod p�N. Site 6 — Kinloch Pori N -Depm rtment Exact location of the monitoring equipment to be determined by the City's Paris Department S.W. 12th St. Tennis Carafe i1T H E. -11t7asketball„! ti = court# BRYANl—l-. {i --M it si MONRO PARK R :I 1. 1 W- r 1 .—Po* Building NI124 1 V 1' . {p' . M%Vrwnd Area • h+R W PM ,�.. air.~ Power —. '••• S"ualk S.W. 13tk- St. t d Metropolitan llooe Cemy RriotWn DoWment wrffMS&Awas Permanent tiolse uonitoring tocotlor Wow int.rnotlonol tirport '- u r Site 9 — Bryan Porl /D (tact location of the monitoring equipment to be determined b ---_ `— _ - •----- - --- - % the Ci tyt s Parks Department i MW 48th Mr"t 798 sw.eai� ft Avg I 8-10 A. Palms, i DAWKINS Church Phone Monitor PARK X e� PAW !� Power T. b g House 4730 ` P*V."w Arc � NW 8th Ave ' Sidewalk N t• . 4a NW 47th Tarroee . rw • r..r w wr YNrapWilon Dods County Aviation Doportm*nta� �.....1.. Permanent Noise Monitoring Locotions Mom; ieternatio" AApon Site 10 – Dowkins Pork Exact location of the monitoring equiputent to be detertittined by the City's Parks Department Phone and Power---\ FSI won tsI V,.;�Monit:)rT _ ............. Trees Basketball ... Coijrt To Biscayne Boy Shorerne AletropOstan Dom. Cowrty Aviotlon Department 4--- Permanent Noise Monitoring Locations Mom! kntemotlonat Airport ��; Site 13 — Alice Wainwright Park Restmoms and Office TO Fork s rwr. • ^~ w rein Notdre Mea or Park 6� High Chain Link Out ouildlny ....._� Entrance ��.�._._.._- ._____.�.._..._.__._.__..Fenee -•- -—_._.._.�._.._._._._ AletropOstan Dom. Cowrty Aviotlon Department 4--- Permanent Noise Monitoring Locations Mom! kntemotlonat Airport ��; Site 13 — Alice Wainwright Park Exact location of the monitoring dquipment to be determined by the City's Parrs Departmeut HE tlh Ars. Wd �, -... t!Ampt A _.._. _ .._.._.._.._.._.._..�. _.._.. Power t� MWOW _-� , E 3 ftrk Arm* i �oNrrort% �-- se s• ---i . Pow tin. FW ..... ns, - - a++.eue vuy ue« PaA Ino mIUOpOM(OR OYd! i.01N11p Avlai10.1 Dfp0/ITMI � -,. -,—_• �•-wMorningside or - -•-_ .. _ _ _ _ _ -�..-...�. Site 15 Morningside Boyfront Park Yiani al�rnauwwl lluport ,""...."� `� 13 Y 4-98.701 7/15/98 RESOLUTION NO. 9 $ - 755 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ("AGREEMENT'), PERMITTING MIAMI DADE COUNTY TO ENTER UPON KINLOCH PARK, BRYAN PARK, DAWKINS PARK, ALICE WAINWRIGHT PARK, MORNINGSIDE PARK, AND BAYFRONT PARK, FOR THE PURPOSE OF INSTALLING, OPERATING AND MAINTAINING NOISE MONITORING EQUIPMENT TO DETECT AND MEASURE NOISE LEVELS ON THE GROUND GENERATED BY AIRCRAFT IN THE VICINITY OF MIAMI INTERNATIONAL AIRPORT; PROVIDING FOR A TERM OF FIVE YEARS WITH AN OPTION TO RENEW FOR ONE ADDITIONAL FIVE YEAR TERM, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. WHEREAS, Miami -Dade County (the "County") would like to enter into a License Agreement with the City .of Miami. for the -purpose of installing, operating and maintaining noise monitoring equipment;:to be, located:in five City parks, for the purpose of detecting and measuring noise levels on the ground generated by aircraft in the vicinity of Miami International Airport; and WHEREAS, the operation of the noise monitoring equipment will facilitate and assist the County in its response to the concerns and complaints of residents of the City of Miami; and WHEREAS, the Director of the Department of Parks and Recreation has approved the installation of the noise monitoring equipment in five (5) City parks; 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 authorized—l/ to execute a License Agreement, in substantially the attached form, (the "Agreement") with Miami -Dade, a political subdivision of the state of Florida, (the "County"), permitting the County to enter upon Kinloch Park, Bryan Park, Alice I 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 1. Charter and Code provisions.1 �1T!' CO>wII�II'SSTON I Mr.&"lOF ATTACHMENT (S) CONTAINED J U l 2 1 1998 98 aoruHog�`J� 5 7 G Wainwright Park, Morningside Park, and Bayfront Park, for the purpose of installing, operating and maintaining noise monitoring equipment, to be utilized by the County to detect and measure noise levels on the ground generated by aircraft in the vicinity of Miami International Airport. Said Agreement to provide for a term of five years with an option to renew for one additional five year term, and with such additional terms and conditions as are more particularly set forth in the Agreement. Section 3. This Resolution shall become effective upon its adoption and signature .of the Mayor? PASSED AND ADOPTED this 21st day of . July , 1998. JOE CAROLLO, MAYOR ATTEST: •- WALTER J. FOEMAN,RITY CLERK APPROVED A TV 46W AND)V A W2696:JOB/kdlcsk In axordance with Miami Code Sec, 2.36, since the Mayor did not indicate approve,, of this legislation by sfgntng It In the designated place provided,' said becomes eff8ciive with the elapse of ten (10) days ft the date of Comer..,. ^-► regarding same, without the Mayor exert ng a e . Walter eman, City Clerk J If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passes and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission 2 98- 755