HomeMy WebLinkAboutExhibitACCESS AND PERMISSION TO RELOCATE DRIVEWAY AGREEMENT
This Access and Permission to Relocate Driv w,ay lgreeinent ("Agreement"), is
made and entered into as of this / 00 day of , /%tA1.� r 9 , 2006, by and
between Miami Vein Center, a.Z ..1v 1 `Owner") owner of
that certain property located at 1501 South Miami Avenue, Miami, Florida (the
"Properly") and the CITY OF MIAMI, a municipal corporation of the State of
Florida (the "City").
RECITALS
A. The City proposes to add a roundabout at the intersection of' South Miami
Avenue and SE 15th Road/Broadway Blvd (the "Roundabout"), as a traffic calming
device by reducing the speed of vehicular traffic, adding high -emphasis cross walks and
lighting, thereby making the' corridors of SE 15`h Road/Broadway Boulevard (the
"Corridors") more pedestrian friendly.
B. In order to construct the Roundabout it is necessary to relocate the egress
driveway of the Property because of its proximity to the intersection.
C. Owner recognized the traffic calming effect of the Roundabout and
acknowledges that it will enhance the quality of life of the residents that utilize the
"Corridors".
D. The City has requested Owner's permission to relocate the driveway, as
more specifically described herein, and Owner consent to the relocation work, under the
terms and conditions set forth herein.
NOW, .THEREFORE, 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, City and Owner agree as
follows:
1. Access. The Owner grants the City, its agents, contractors and assigns, the
right to enter upon and use the Property as necessary to perform the Work, as defined
below.
2. The Work: The Property currently has a concrete block wall along its
perimeter, and the egress driveway has two swing gates. In general, the work consists of
closing the existing openings in the wall, removing the swing gates, creating a new
opening on the wall and installing a new gate system, all as more specifically described in
Construction Plans for Miami Vein Center, Sheet Numbers A-1, S-1 and E-1, prepared by
Reynolds, Smith and Hills, Inc., copies of which are in file with the office of Capital
Improvements and Transportation. The City. shall complete the Work within 240
calendar days from the date of commencement of construction, as evidenced by the
issuance of a Notice to Proceed to the City's contractor.
ors:Document 30067 (2)
cits 41o6-y55
3. City's Obligations. The City shall cause the Work to be performed in a
good and workmanlike manner and in accordance with the contract documents and
applicable federal, state, and local statues, rules, regulations and ordinances.
4. Cooperation. The City agrees to exercise its access onto the Property and
to perform the Work in a manner which, to the extent practicable, minimizes disruption to
the use of the Property by the'Owner. The Owner agrees to cooperate and attempt to
maintain the Property in a manner which does not interfere with the Work, or reduce
interference to the greatest extent possible, at no cost to the Owner. The Owner agrees
that it will cooperate with and assist the City, at no cost to Owner, in obtaining any
approvals, consents or permits required for the performance of the Work.
5. Restoration. The City shall restore any area impacted by the Work to the
condition existing prior to the Work.
6. City's Indemnification: Subject to Section 768.28, Florida Statutes,
the City agrees to indemnify, defend and hold harmless, the Owner for loss, damage or
injury to persons or property arising out of or resulting from the negligent performance of
the Work or the City's breach of his Agreement. Owner acknowledges that the City shall
not be responsible for loss of business, consequential or special damages.
7. Owner's Indemnification. The Owner agrees to indemnify, defend and
hold harmless the City for loss, damage or injury to persons or property arising out of or
resulting from Owner's negligence, willful misconduct or breach of this Agreement. The
City acknowledges that the Owner shall not be responsible for loss of business,
consequential or special damages.
8. Notice.
For purposes of this Agreement, the parties shall notify the parties at the
following address:
For the City:
For the Owner:
cep `►
A c`.t. ` } 1 l 1 da'l�n 1j i
9. Termination. The City's obligations herein shall terminate upon -the
completion of the Work, as evidence by the issuance of a final Certificate of Payment to
the City's Contractor.
ors:Document 30067 (2)
IN WITNESS WHEREOF, the parties have set their hands on the dates written
below, having first read and understood the terms contained herein
intent and effects hereof.
WITNESSES:
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/Name: A dress: ',TT 1 j
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earl --tie'Iov
Name: a ' 1; i a -4 Age
Address: FL .33 )2 q'
Name:
Address:
Name:
Address: •
(SEAL)
ATTEST:
THE CITY OF MIAMI
and the purpose,
By:
Name:
Its:
Date:
OWNER
By:
Name:
Its:
Date:
THE CITY OF MIAMI, FLORIDA
By:
Priscilla A. Thompson, City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
By:
Risk Management Administrator
CITY OF MIAMI, FLORIDA, a
municipal Corporation of the State of
Florida
By:
Joe Arriola, City Manager
APPROVED AS TO LEGAL FORM
AND CORRECTNESS FOR THE USE
AND RELIANCE OF THE CITY OF
MIAMI, FLORIDA, ONLY
By:
Jorge L. Fernandez, City Attorney