HomeMy WebLinkAboutExhibitGRANT OF TEMPORARY CONSTRUCTION EASEMENT BETWEEN
CITY OF MIAMI
AND
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FDOT FIN No. 408834-1-52-01
FDOT Contract No. T-6084
THIS INDENTURE, made this day of , 2005, between
THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter
called the "GRANTOR"), and the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, its licensees, agents, successors, and assigns, (hereinafter called
"GRANTEE").
RECITALS
GRANTOR, for and in consideration of the sum of one dollar ($1.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged by the
GRANTOR, has granted and does hereby grant to the GRANTEE, its successors and
assigns, the right and privilege of a Temporary Construction Easement with full right of
ingress thereto and egress therefrom, (hereinafter called the "EASEMENT"), on a portion
of City -owned property commonly known as Melreese Golf Course (hereinafter called the
"PROPERTY"), as more particularly described and shown on Exhibit "A" which is
attached hereto and made a part hereof.
The PROPERTY will be used as a staging area for the construction of bridge
structures which intersect with the golf course in connection with the Miami Intermodel
`�Dfl.6 0 5°I.A29
Connector Interchange. GRANTEE agrees to construct a twenty (20) foot tall temporary
steel sheet pile wall along the EASEMENT in order .to minimize noise and visual
distractions to golf activities and will be used to accommodate storage of miscellaneous
materials, as well as loading and unloading construction equipment in connection with
the construction and installation of the bridge structures.
GRANTOR reserves the right to use the PROPERTY for any lawful purpose that
will not prevent or interfere with the exercise by the GRANTEE of the rights granted
under this EASEMENT.
This EASEMENT shall commence on the day and year executed by GRANTOR
as set forth above and shall continue for a period no later than seven months thereafter
provided, however, that if the construction and installation of the bridge structures is
completed prior to the expiration of said seven month period, this Grant of Temporary
Construction Easement shall terminate upon completion of the construction and
installation of the bridge structures and the PROPERTY is restored to the same condition
or better than it was prior to GRANTEE's use thereof.
This EASEMENT may also be terminated by the GRANTOR's City Manager, at
its sole option, with or without cause, at any time upon giving fifteen (15) days written
notice to GRANTEE prior to the termination date.
Upon the expiration, termination or cancellation of the EASEMENT, GRANTEE
shall restore the PROPERTY and any areas used by GRANTEE for ingress and egress to
the PROPERTY, at GRANTEE's sole cost and expense, to the same condition or better
than it was prior to GRANTEE's use thereof.
2
GRANTEE shall be responsible, at GRANTEE'S sole cost and expense, for any
environmental clean-up, if required by a Federal, State or local agency, which may be
caused by the granting of this EASEMENT,
Should GRANTEE fail to restore the PROPERTY and areas of ingress and egress
and perform any environmental clean-up as may be required pursuant to this
EASEMENT within thirty (30) days after receipt of written notice from GRANTOR
directing the required restoration and clean-up, GRANTOR shall cause the PROPERTY
and the areas of ingress and egress to be restored and clean-up on behalf of GRANTEE,
and GRANTEE shall pay GRANTOR the full cost of such restoration and clean-up
within thirty (30) days of receipt of an invoice from GRANTOR indicating the cost of
such required restoration and clean-up.
GRANTEE shall exercise the rights granted herein in such a manner as not to
cause any damage or destruction of any nature to or interruption of the use of the
adjoining lands owned by GRANTOR.
GRANTEE shall pay for and obtain the necessary and applicable permits in
compliance with all Federal, State and local statutes, laws, rules and regulations in
connection with its use of the PROPERTY.
Upon the termination, cancellation or expiration of the EASEMENT, GRANTEE
shall have the right to remove, at its sole cost and expense, any movable personal
property that it places in or on the PROPERTY.
If any part of the PROPERTY is in any way damaged by the removal of any
movable personal property, said damage shall be repaired by GRANTEE at its sole cost
and expense. Should GRANTEE fail to repair any damage caused to the PROPERTY
3
within thirty (30) days after receipt of written notice from GRANTOR directing the
required repairs, GRANTOR shall cause the PROPERTY to be repaired on behalf of
GRANTEE and GRANTEE shall pay GRANTOR the full cost of such repairs within
thirty (30) days of receipt of an invoice from GRANTOR indicating the cost of such
required repairs.
GRANTOR assumes no responsibility for any property of the GRANTEE, its
agents, servants, employees or contractors brought on or about the PROPERTY and the
GRANTOR is released from all liability for any loss or damage to said property sustained
by reason of GRANTEE's occupancy of the PROPERTY.
GRANTEE accepts this EASEMENT and hereby acknowledges that
GRANTEE's compliance with all applicable Federal, State and local statutes, laws,
ordinances and regulations in its use of the PROPERTY, including but not limited to
building codes and zoning restrictions, is a condition of this EASEMENT and
GRANTEE shall comply therewith as the same presently exist and as such may be
amended hereafter.
GRANTEE shall provide all utilities for the PROPERTY, including but not
limited to telephone, electricity, water, gas, garbage and sewage disposal.
GRANTEE agrees to indemnify, hold harmless and defend GRANTOR and any
and all of its agents and employees, from and in connection with, all claims, actions,
judgments, liability, loss, cost, expense, court costs, attorney fees and demands of
whatever nature incurred by, or presented against GRANTOR arising out of or by reason
of the actions of GRANTEE, its agents, servants, employees or contractors in the exercise
of its rights hereunder, including allegations that GRANTOR was passively negligent or
4
vicariously liable. It is understood that the limitations of s. 768.28, Florida Statutes shall
apply; however, should a claims bill be passed by the legislature, GRANTEE shall satisfy
the same. GRANTEE agrees to take any and all remedial actions required by any
governmental regulatory agency, including but not limited to environmental regulatory
agencies.
In addition, GRANTOR shall be named as an additional insured in every policy of
insurance required of any contractor or subcontractor, which shall not be limited to the
provisions of s. 768.28, Florida Statutes.
GRANTEE shall maintain, utilize and conduct any activities upon the
PROPERTY in a proper and safe manner at GRANTEE'S sole cost and expense.
This EASEMENT shall be binding upon the parties herein, their successors and
assigns,
All notices or other communications which shall or may be given pursuant to this
EASEMENT shall be in writing and shall be delivered by personal service or by certified
mail, return receipt requested, addressed to the parties hereto at their respective addresses
indicated below or as the same may be changed in writing from time to time. 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, whichever is earlier. Notice
shall be effectively served by GRANTEE upon GRANTOR when addressed to
GRANTOR and mailed to the CITY MANAGER at 3500 Pan American Drive, Miami,
Florida, 33133, with copies sent to the City Attorney and Department of Economic
Development, 444 S.W. 2 Avenue, 9th and 3rd Floor respectively, Miami, Florida, 33130,
Notice shall be effectively served by the GRANTOR upon the GRANTEE when
5
addressed to GRANTEE and mailed to John Martinez, Secretary, District Six, at 1000
N.W. l 1 1 Avenue, Miami, Florida, 33172, with a copy sent to Michael Schloss, Esq.,
legal counsel, 1000 N.W. 111 Avenue, Miami, Florida, 33172.
This EASEMENT shall be construed and enforced according to the laws of the
State of Florida and venue shall be in Miami -Dade County, Florida.
In the event any paragraph, clause or sentence of this EASEMENT or any
amendment is declared invalid by a court of competent jurisdiction, such paragraph,
clause or sentence shall be stricken frorn the subject EASEMENT and the balance of the
EASEMENT shall not be affected by the deletion.
No waiver of any provision shall be deemed to have been made unless such
waiver is in writing and signed by GRANTOR and GRANTEE. The failure of either
party to insist upon the strict performance of any of the provisions or conditions of this
EASEMENT shall not be construed as waiving or relinquishing in the future any such
covenants or conditions but the same shall continue and remain in full force and effect.
GRANTOR shall provide GRANTEE with written notice of any failure to
perform or comply with the terms and conditions contained herein to be performed by
GRANTEE. If GRANTEE fails to cure said default within thirty (30) days of receipt of
written notice of default, in addition to the absolute right of termination that GRANTOR
has as provided for herein, GRANTOR shall have the right to terminate this EASEMENT
by giving written notice of such termination to GRANTEE in accordance with the
provisions of this EASEMENT.
6
IN WITNESS WHEREOF, THE CITY OF MIAMI, a municipal corporation of
the State of Florida, in the County of Miami -Dade, has caused this instrument to be
executed in its name and its seal to be affixed hereto by the authority granted to the City
Manager and the City Clerk at the , 2005 City Commission Meeting by
Resolution No.:
, authorized this day of , 2005.
CITY OF MIAMI, a municipal corporation of
the State of Florida
By:
Joe Arriola
City Manager
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
Jorge L. Fernandez
City Attorney
7
Exhibit "A"
Legal Description
A portion of the City of Miami Park No. 214, lying in the North
East one quarter (NE 'A) of section 32 township 53 South, range
on 41
East, and in the South East one quarter (SE /) of
9,
township 53 South, range 41 East and being more particularly
described or follows.
Commence at the North West corner of the North East one quarter
(NE'/) of section 32, township 53 South, range 41 East, thence run
hen 29 a
North 87 24' 21" East along South line of said
NW 42nd Ave
distance of 50.01 feet to the East right of way4'03" line
alongsaid. East
(Lejune Road); thence run South 00 � 594 feet to the point of
right of way line a distance of 13
beginning of the parcel of land hereinafter to be described; thence
run North 43 21' 12" East a distance of 44.163nthence
North 01 04' 12"
64 16'25" East a distance of 101.906'
West a distance of 47.706 feet to a point on line of an air easement
as described a 800 FP. No 2502341, thence run along said line
South 57 04'03"west a distance of 116.068 feet toa radon ius tangent > of
circular curve, concave to the South East, and having15' 13"
369.72 feet; thence from a tangent bearing of South
West, run Southwesterly along said hen length of 65.51 S feet to therve to the left through a
central angle of 14 45'30", for an arcg
East line of said NW 42ndAve (Lejune Road) and the point of
beginning containing 0.101 acres more or less.
GILBERT SOUTHERN CORPORATION
A Kiewit Company,
4233 NW 18`h Street
Miami, FL 33126
Phone (305) 869-9196 Fax (305) 869-9023
June 23, 2005
City of Miami
Department of Economic Development
444 SW 2" Ave., 3rd Floor
Miami, FL 33130
ATTN: Laura Billberry
Re: Project Name: MIC / MIA Interchange (LeJeune Rd. at NW 21 M Street)
F.P.I.D. No.: 408834-1-52-01
Contract No.: T-6047
Subj: Request for Temporary Easement at Melreese Golf Course
Dear Ms. Billberry:
This letter is to request the use of a temporary easement located at the NW corner of the Melreese
Golf Course for the construction of Miami lntermodel Connector "MIC" interchange. Attached is a
legal description, plan view of the area requested, contours of the existing ground, and a profile of the
grade for the proposed easement. We have staked this area out for your review and have meet with
the golf course management regarding this proposal.
Gilbert Southern would like to utilize this area for the construction of the bridge structures, which
intersect this portion of the golf course. Construction for this work will take approximately 7 months
and should begin 9/8/05 and complete by 3/15/06.
I realize this time frame is during the high season for the golf course. However, to minimize impacts
during construction of the bridges such as noise and the visual distractions of construction operations
we will provide 20 ft. tall temporary steel sheet pile wall along the requested easement. This will
block a significant amount of construction noise and provide a physical barrier between construction
operations and golf activities.
Once our work is complete, we will remove the wall and restore the area to its original condition.
Please call me at 954-347-6084 to discuss this proposal further.
Sincerely,
Gilbert Southern Corp.
Nicholas Salce
Project Manager
Cc: Peter Kendrick, Gus Quesada, Mike Conner, Job File, District Office, PCO File
SW CORNER OF
THE SE 1/4 OF
SECTION 29 T53S,R41E
NB7'24'21"E 50.011'
(LEJUENE ROAD)
cn
I
cn
rn
w
z
-J
ca
cc
ul
POINT OF BEGINNING
EASEMENT AS DESCRIBED AS
PARCEL 900, F.P. NO. 2502341
SOUTH LINE OF SECTIO 9, T535. R41E
0
TRAP
eArK
0
10
20 30
40
SCALE: 1"-20'
CONSTRUCTION EASEMENT
FOR
GILBERT SOUTHERN CORP
RETAINING WALL
SCALE: 1" =30 '
Exhibit "A"
& 4 D L _ _ �Q � t.�fc�_ .._. of 12 hl s] g S E �•t_?
LEJUENE RD .EL" I3,,50
s r;rrL7
APE
ELv 6,90
N
17g
• Ems_
Exhibit
GIL BERT SOUTHERN CORP
13630 NW 8TH STREET SUITE 225
SUNRISE FLORIDA, 33325
954-835-2228
Thursday, June 09, 2005 10:18:00 AM
nA"
PROJECT: C:\survey\MIAMI\MIC\golf course.pro
Earthwork Report
The reported interval data is based on cross -sectional data that may occur
at different intervals than those shown. The cross -sectional data shown below
MUST BE CONSIDERED REPRESENTATIVE ONLY.
Interval = 5.000
Road Job: golf course
SURFACES
Avg End -Area Inc Volume
Acm Volume Curve
Station Cut Fill Unsuit Cut Fill Unsuit. Total Cut
Fill Unsuit. Acm Tot Corr
Sq. Ft. Sq. Ft. Sq. Ft Cu. Yd. Cu. Yd. Cu. Yd. Cu. Yd. Cu. Yd. Cu.
Yd. Cu. Yd. Cu Yd. %
0+00.00:1 418.01 0.00 0.00
0+05.00:1 295.25 0.00 0.00 66.0 0.0 0.0 66.0 66.0
0.0 0.0 66.0
0+10.00:1 177.56 0.00 0.00 43.8 0.0 0.0 43.8 109.8
0.0 0,0 109.8
0+15.00:1 94.33 0.00 0.00 25.2 0.0 0.0 25.2 135.0
0.0 0.0 135.0 *
0+20.00:1 30.07 2.37 0.00 11.5 0.2 0.0 11.3 146.5
0.2 0.0 146.3 *
0+25.00:1 17.31 35.08 0.00 4.4 3.5 0.0 0.9 150.9
3.7 0.0 147.2 *
0+30.00:1 14.47 45.20 0.00 2.9 7.4 0.0 -4.5 153.8
11.1 0.0 142.7 *
0+35.00:1 14.59 39.47 0.00 2.7 7.8 0.0 -5.1 156.5
19.0 0.0 137.6 *
0+40.00:1 19.16 36.06 0.00 3.1 7.0 0.0 -3.9 159.7
26.0 0.0 133.7 *
0+45.00:1 22.04 34.32 0.00 3.8 6.5 0.0 -2.7 163.5
32.5 0.0 131.0 *
0+50.00:1 21.46 33.76 0.00 4.0 6.3 0.0 -2.3 167.5
38.8 0.0 128.7 *
0+55.00:1 13.59 33.30 0.00 3.2 6.2 0.0 -3.0 170.7
45.0 0.0 125.8 *
0+60.00:1 6.14 34.28 0.00 1.8 6.3 0.0 -4.4 172.6
51.2 0.0 121.3 *
0+65.00:1 1.74 39.23 0.00 0.7 6.8 0.0 -6.1 173.3
58.0 0.0 115.3 *
0+70.00:1 0.00 46.63 0.00 0.2 7.9 0.0 -7.8 173.5
66.0 0.0 107.5
0+75.00:1 0.00 49.86 0.00 0.0 8.9 0.0 -8.9 173.5
74.9 0.0 98.5 *
0+80.00:1 0.00 51.94 0.00 0.0 9.4 0.0 -9.4 173.5
84.4 0.0 89.1 *
0+85.00:1 0.04 52.31 0.00 0.0 9.7 0.0 -9.6 173.5
94.0 0.0 79.5 *
0+90.00:1 0.01 52.07 0.00 0.0 9.7 0.0 -9.7 173.5
103.7 0.0 69.8 *
0+95.00:1 0.00 51.71 0.00 0.0 9.6 0.0 -9.6 173.5
113.3 0.0 60.2 *
1+00.00:1 0.00 51.16 0.00 0.0 9.5 0.0 -9.5 173.5
122.8 0.0 50.7 *
1+05.00:1 0.00 50.42 0.00 0.0 9.4 0.0 -9.4 173.5
Exhibit "A"
GILBERT SOUTHERN CORP
13630 NW OTH STREET SUITE 225
SUNRISE FLORIDA, 33325
954-835-2228
Thursday, June 09, 2005 10:18:00 AM
PROJECT: C:\survey\MIAMI\MIC\golf course.pro
Earthwork Report
132.2 0.0
1+10.00:1
141.4 0.0
1+15.00:1
150.3 0.0
1+20.00:1
158.5 0.0
1+25.00:1
165.8 0.0
1+30.00:1
172.0 0.0
1+35.00:1
176.7 0.0
41.3
0.00
32.0
0.00
23.2
0.00
15.0
0.00
7.7
0.00
1.5
0.00
-3.3
TOTALS
49.28 0.00 0.0 9.2 0.0 -9.2 173.5
}
46.06 0.00 0.0 8.8 0.0 -8.8 173.5
*
42.34 0.00 0.0 8.2 0.0 -8.2 173.5
36.94 0.00 0.0 7.3 0.0 -7.3 173.5
*
29.96 0.00 0.0 6.2 0.0 -6.2 173.5
*
21.19 0.00 0.0 4.7 0.0 -4.7 173.5
*
FILL 176.7 Cu. Yd.
EARTH 173.5 Cu. Yd.
Fill 176.7 Cu. Yd.
Cut 173.5 Cu. Yd.
Unsuitable 0.0 Cu. Yd.
-- TOTAL
BORROW 3.3 Cu. Yd.