HomeMy WebLinkAboutBack-Up DocumentsPERMITTEE:
PROPERTY ADDRESS:
BD — NUMBER:
FOLIO NUMBER:
LEGAL DESCRIPTION:
BISCAYNE AND 20TH STREET LLC
2000 BISCAYNE BLVD
B D20-006670-001
01-3231-001-0120
CORAL PARK
PB 2-66
LOT 13 & LOT 15 7 LOTS 17 & 17-A
& 19 & E22FT OF LOT 19-A PER PB
4-106 LESS PORT LOT 15 & 17 PER
DEED BOOK 1736-81
LOT SIZE 32775 SO FT
OR 25714-2518 0607 2
This PERMIT authorizes the following relocation of tree(s) on City of Miami (the "City") right of way adjacent to property and
is issued pursuant to Chapter 17 of the Code of the City of Miami. This permit shall also constitute a covenant running with the
land that touches, concerns and runs with the land and binds the Owner and his or her successors, heirs, assigns and grantees.
The Covenantor/Owner/Permittee (hereinafter the "Permittee") agrees to maintain the tree(s) and should any tree(s) riot thrive
or become damaged due to any cause whatsoever, the Permittee shall replace the tree(s) at no expense to the City.
Permission is given for the relocation of five (5) existing Gumbo Limbo trees from the subject property to various off -site
right-of-way locations per approved plans on file. Permittee is responsible for repairing any damage to the public right of way
as a result of this work.
The following conditions shall be adhered to:
1. Permittee shall contact the Building Department/Environmental Resources Division at (305) 416-1100 or (305) 413-0750 to
schedule the final inspection. Approved work and inspection shall be completed prior to the permit expiration date for the BD
number referenced on this document.
2. Prior to any planting or excavation in the Public Right of Way, it is the Permittee's responsibility to notify Sunshine 811 at
(1800)432-4770 to determine if any of the Permittee's facilities could be damaged by removing or planting trees pursuant to
Chapter 556, Florida Statutes.
3. No trees or plant items shall be planted in the twenty five (25) foot corner radius. All shrubs shall be a minimum of eighteen
(18) inches in height when measured immediately after planting and not to exceed thirty-six (36) inches in height.
4. No trees shall be planted less than ten (10) feet from a driveway approach.
5. Trees will maintain ten (10) feet clearance from any other new or existing tree.
6. All planting material shall be Florida Grade # 1 or better.
7. Tree replacement, if applicable, shall be the responsibility Permittee pursuant to Section 17-6 of the City Code, as amended.
8. The Permittee is responsible for the watering, trimming, root pruning and all other maintenance of the planted trees for
a period of one (1) year after date of installation.
9. For all non-standard improvements in the right-of-way, the Permittee must obtain a Non -Standard Improvement Covenant from
the Public Works Department prior to the commencement of the work.
10. Permittee must obtain authorization from adjacent property owner(s) of planting locations prior to tree installations.
Oguntoyo - Rashad, Quatisha
Chief of Environmental Resources
Date
By signing below Uwe agree the Owner(s) of the Property referenced above voluntarily and knowingly agree to all permit conditions.
055/24/2 STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
Owner Signature
Elvis Cruse
Owner Printed Name
First Witness' Signature
Nathan Atkin
First Witness' Printed Name
Second Witness' Signature
Gabriela Toledo
Second Witness' Printed Name
022Datc
The foregoing instrument was acknowledged before me this
24th day of May , 20 22 ,
personally appeared before me, an officer authorized to
administer oaths and take acknowledgements, by
Flvis Cruse , a
who is ersonally knoto me or who
produced as identification.
Notary Public, Statjof Florida
[SEAL]
Department of Building / Environmental Resources
444 S.W. 2,.Avenue, 4th Floor / Miami, Florida 33130 / (305) 413-0750/1,ny iron mom
ELENIFICARRA
IMMISSION 130 929604
RES: Now rrbor U, 2023
7rJ tW.azY NPoOC Unle etin
FM NO.:
SECTION:
COUNTY:
S.R. NO.:
405641-2-52-01
87030
Miami -Dade
5
MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT is made and entered into this QZOaay of , 2007, between
the
State of Florida Department of Transportation, a component agency of e State of Florida,
hereinafter referred to as the `DEPARTMENT', and the City of Miami, a political subdivision of the
State of Florida, hereinafter referred to as the `CITY'.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road 5
corridor as part of the State Highway System; and
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purposes of safety, protection of the investment and other reasons, has
constructed and does maintain a six (6) lane highway facility as described in Exhibit A, `PROJECT
LIMITS', attached hereto and incorporated herein by reference, within the corporate limits of the
CITY; and
WHEREAS, the CITY is of the opinion that said highway facility which contains landscaped
areas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be
maintained in accordance with the provisions detailed in Section 2 of this Agreement; and
WHEREAS, the DEPARTMENT has drafted design plans for beautification improvements
on State Road 5/US-1/Biscayne Boulevard, hereinafter referred to as the `PROJECT', the
individual elements of which are outlined in the attached Exhibit B, `PLANS AND
SPECIFICATIONS', which is herein incorporated by reference; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the CITY, by Resolution No.R-0`i-0:'ila4 dated J e , 2007, attached
hereto as Exhibit C, `CITY RESOLUTION', which is incorporated herein by reference, desires to
enter into this Agreement and authorizes its officers to do so;
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami
Page 1 of 9
acknowledged, the parties agree as follows:
1. The DEPARTMENT, hereby agrees to install or cause to be installed landscape, irrigation,
pavement and tree grates on the highway facility as specified in the PLANS
AND
decorative
SPECIFICATIONS.
agrees to maintain, in perpetuity and at no cost totheDEPARTMENT,
e ARaEns and areas
the
The CITY ag grates within landscape, irrigation, decorative pavement and tree the following activities:
outside the travel way to the right of way line by performing
t
A. Mow, cut an
d/or trim and edge the grass or turf in accordance with latesthelatest
edition edofition
the
of
the State of Florida "Guide for Roadside Mowing and
"Maintenance Rating Program".
Properly rune all plants, which include trees, shrubs and ground covers, in accordance
B. t p International
present a visual
withthe latest edition of the "Maintenance Rating Program" thereof which may pational Society
visual
of Arboriculture. Prune, trim and/or edge such parts
r safet hazard for those using or intending to use the right of way including
or othe Y
growth around street lights and traffic signals.
e
C. Keep plants
as free as possible from disease and harmful insects.
Renem vty, and
replacing
dispose of dead, diseased or otherwise deteriorated plants in
that fall below original project standards. All replacement
specified ain the PLANS
replaced,
d,grade
replaced, at minimum, by Plants of the same size and
AND SPECIFICATIONS.
D. Properly mulch all plant beds and tree rings.
E. Properly
remove and dispose of all undesirable vegetation t mcturialg. but not limited to
weeding of plant beds and removal of invasive exotic plan
F. Water and fertilize all plants properly. routine and regular
G. Ensure that the irrigation system is fully functional by performing
dam e and/or malfun stio repairing
heads tg
i observations of irrigation performance; identifying merit; and adjusting p Y
and/or replacing broken or missing irrigation equipment
ray of water onto paved areas. All costs associated with water use will be
eliminate overs p
the responsibility of the CITY.
grates are fully functional for pedestrian use by
H. Ensure decorative pavement and tree p inof same, damage and/or
malfunctions and repairing and/or replacing
performing routine and regular observatbr ken or damaged d orative pavement and
tree grates to ensure pedestrian access and tree health is maintained.
Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami
Page 2 of 9
I. Remove and properly dispose of litter from roadside and median strips.
J. Remove and dispose of all trimmings, roots, branches, litter, etc., resulting from the
activities described by 2.A through 2.I inclusively as described above.
The above -named functions to be performed by the CITY may be subject to periodic
inspections by the DEPARTMENT at its sole discretion. Such inspection findings will be
shared with the CITY and shall be the basis of all decisions regarding reworking or agreement
termination. The CITY shall not change or deviate from said plans without written approval
of the DEPARTMENT.
3. If at any time after the CITY has assumed the landscape installation and/or maintenance
responsibility above -mentioned, it shall come to the attention of the DEPARTMENT that the
PROJECT LIMITS or a part thereof are not properly maintained pursuant to the terms of
this Agreement, The DEPARTMENT may, at it's option, issue a written notice that a
deficiency or deficiencies exist(s), by sending a certified letter to the CITY placing said CITY
on notice thereof. Thereafter, the CITY shall have a period of thirty (30) calendar days
within which to correct the cited deficiencies. If said deficiencies are not corrected within this
time period, the DEPARTMENT may, at its option, proceed as follows:
(a) Maintain the landscape, irrigation, decorative pavement and tree grates, or a part
thereof, with DEPARTMENT or contractor's personnel and invoice the CITY for
expenses incurred; or
(b) Terminate the Agreement in accordance with Paragraph 5 of this Agreement and
remove, by DEPARTMENT or contractor's personnel, all of the landscape,
irrigation, decorative pavement and tree grates installed under this Agreement or any
preceding agreements and charge the CITY the reasonable cost of such removal.
4. It is understood between the parties hereto that the landscape, irrigation, decorative pavement
and tree grates covered by this Agreement may be removed, relocated or adjusted at any time
in the future as determined to be necessary by the DEPARTMENT in order that the adjacent
state road be widened, altered or otherwise changed to meet with future criteria or planning
of the DEPARTMENT. The CITY shall be given sixty (60) calendar days notice to remove
said landscaping/hardscape after which time the DEPARTMENT may remove same.
5. This Agreement may be terminated under any one (1) of the following conditions:
(a) By the DEPARTMENT, if the CITY fails to perform its duties under Section 2,
following thirty (30) days written notice.
(b) By the DEPARTMENT, for refusal by the CITY to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the CITY in conjunction with this
Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami
Page 3 of 9
Agreement.
6. The term of this Agreement commences upon execution.
7. To the extent permitted by law, the CITY shall indemnify and hold harmless the
DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising
out of the CITY's negligent performance of the work under this Agreement, or due to the
failure of the CITY to maintain the PROJECT in conformance with the standards described
in Section 2 of this Agreement.
8. The CITY may construct additional landscape within the limits of the right of ways identified
as a result of this document, subject to the following conditions:
(a) Plans for any new and/or additional materials shall be subject to approval by the
DEPARTMENT. The CITY shall not change or deviate from said plans without
written approval by the DEPARTMENT.
(b) All landscape, irrigation, decorative pavement and tree grates shall be developed and
implemented in accordance with appropriate state safety and road design standards.
(c) The CITY agrees to comply with the requirements of this Agreement with regard to
any additional materials installed.
9. This writing embodies the entire agreement and understanding between the parties hereto and
there are no other agreements and understanding, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
10. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of the
amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal
or written, made in violation of this subsection is null and void, and no money may be paid on
such contract. The DEPARTMENT shall require a statement from the Comptroller of the
DEPARTMENT that funds are available prior to entering into any such contract or other
binding commitment of funds. Nothing herein contained shall prevent the making of contracts
for periods exceeding 1 year, but any contract so made shall be executory only for the value
of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this
paragraph shall be incorporated verbatim in all contracts of the Department which are for an
amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have
a term for a period of more than 1 year.
11. The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes
of any nature whatsoever that may arise under or by reason of this Agreement, the
prosecution or fulfillment of the service hereunder and the character, quality, amount and
value thereof; and his decision upon all claims, questions and disputes shall be final and
Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami
Page 4 of 9
conclusive upon the parties hereto.
12. This Agreement may not be assigned or transferred by the CITY in whole or part without the
consent of the DEPARTMENT.
13. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida. In the event of a conflict between any portion of the contract and Florida law, the
laws of Florida shall prevail.
14. Any and all notices given or required under this agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the Following addresses:
If to the Department:
State of Florida Department of Transportation
1000 NW 111th Avenue
Miami, FL 33172
Attention: Ronald Steiner, P.E.
FDOT District VI Maintenance Engineer
If to the City:
City of Miami
3500 Pan American Drive
Miami, FL 33133
Attention: Pedro G. Hernandez,
City Manager
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and
Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami
Page 5 of 9
year first above written.
STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION:
BY:
,Fo,DISTRICT SECRETARY
LEGAL REVIEW:
_ I / ATTEST:
DISTRICT ENERAL OUNSEL (SEAL) EXECUTIVE SEC TARY
THE CITY OF MIAMI, FLORIDA
CITY OF RIDA, a municipal Corporation (SEAL)
of the State o
kBy.
Pedro G. Hernandez, NJ Manager
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
By:
orge . Fe andez, City Attorney
ATTEST:
By:
Priscilla A. Thompson, City'Clerk 7 ,Q 3
APPROVED AS TO INS ' • ' E REQUIREMENTS:
AAA
LeeAnn Brehm, ' isk Management Administrator
Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami
Page 6 of 9
FM NO.:
SECTION:
COUNTY:
S.R. NO.:
EXHIBIT A
PROJECT LIMITS:
405641-2-52-01
87030
Miami -Dade
5
State Road 5/US-1/Biscayne Boulevard, from NE 67th Street to NE 87th Street
END PROJECT
STA 20+00.000
STA 80+31.244
M.P. 16.648
BEGIN PROJECT
E STA 00+00.000
STA 60+31.281
M.P. 15.405=
K.P. 24.789
Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami
Page 7 of 9
405641-2-52-01
SECTION: 87030
COUNTY: Miami -Dade
S.R. NO.: 5
EXHIBIT B
PLANS AND SPECIFICATIONS
The CITY agrees to maintain the PROJECT in accordance with the plans and specifications
incorporated by reference herein, to include:
1. Plans prepared by PBS&J under Project FM No. 405641-2-52-01.
Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami
Page 8 of 9
SECTION: 87030
COUNTY: Miami -Dade
S.R. NO.: 5
EXHIBIT C
CITY RESOLUTION
Attached hereto and incorporated herein by reference once ratified by the City of Miami, Board of
City Commissioners.
Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami
Page 9 of 9
Yqt� ram.
�L..}tu R�TiW
City of Miami
Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 07-00775
Enactment #: R-07-0361
Version: 1
Type: Resolution Status: Passed
Enactment Date: 6/14/07
Introduced: 6/1/07 Controlling Body: Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A LOCALLY -FUNDED JOINT PARTICIPATION
AGREEMENT, AN ESCROW AGREEMENT AND A MAINTENANCE MEMORANDUM OF
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE CONSTRUCTION OF CERTAIN
ROADWAY ENHANCEMENTS ALONG BISCAYNE BOULEVARD, MIAMI, FLORIDA,
INCLUDING NON-STANDARD SIDEWALK TREATMENTS AND MEDIAN LANDSCAPE
UPLIGHTING, AS PART OF FUTURE FDOT LANDSCAPE PROJECTS ALONG BISCAYNE
BOULEVARD FROM NORTHEAST 5TH STREET TO NORTHEAST 87TH STREET, MIAMI,
FLORIDA; ALLOCATING FUNDS, FOR THE CITY OF MIAMI'S REQUIRED CONTRIBUTION, IN
THE AMOUNT OF $298,000, FROM CAPITAL IMPROVEMENT PROJECT B-30564.
WHEREAS, the Florida Department of Transportation ("FDOT") will initiate the construction of a landscape project
along Biscayne Boulevard from Northeast 37th Street to Northeast 67th Street, Miami, Florida, in December, 2007, and from
Northeast 67th Street to Northeast 78th Street, Miami, Florida, at a later date; and
WHEREAS, the City of Miami ("City") has requested that FDOT include in their future landscape projects, certain
roadway enhancements along Biscayne Boulevard, Miami, Florida, to accentuate the unique characteristics of the corridor
and adjacent land use; and
WHEREAS, the desired enhancements include non-standard treatments to the sidewalks within the historic MiMo
District (from Northeast 50th Street to Northeast 77th Street, Miami, Florida) and uplighting enhancements in the landscaped
median (from Northeast 40th Street to Northeast 50th Street, Miami, Florida); and
WHEREAS, the City agreed to fund the proposed enhancements within these areas and FDOT agreed to include the
work in their upcoming landscape projects extending from 37th Street to 87th Street, Miami, Florida; and
WHEREAS, the infrastructure work necessary for the uplighting has been completed by FDOT as part of the current
roadway reconstruction project and the remaining decorative work is now ready to be initiated; and
WHEREAS, execution of the Agreements, attached and incorporated, and the contribution of funds by the City are
required to confirm our commitment to FDOT and the project;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
City of Miami
Page I Printed on 7/6/2007