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HomeMy WebLinkAboutMemorandum of AgreementMEMORANDUM OF AGREEMENT Section ]-95 SECTION STATE ROAD 9, 1-95 DADE COUNTY PARCEL NUMBER CoNTA.1 MS 8 P4.64ts THIS AGREEMENT, made and entered into this (p` day of '") }p(,i), 1970 , boy and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the. "Department", and the CITY OF MIAMI, FLORIDA, hereinafter Called the "City"; W ITNESS ETH: WHEREAS, the Department has acquired sufficient legal right,'tit]e and interest iit the right lof way of 1-95 shown in Exhibit "A", attached hereto and by this reference made part hereof, on which the City proposes to construct facilities for park purposes; and WHEREAS, there are certain areas in the vicinity of S.W. 1th Street under an elevated'section of Interstate Highway I-95 which are adequate for the construction of park facilities; and WHEREAS, the proposed use below the grade line of the highway facility willk not impair the'full'use and safety of the highway; or require or permit vehicullr access to such space directly from the established grade line of said highway; or interfere with the free flow of traffic on 'said highway; or will not result in violation of Part 626 of the Regulations of,the Administrator, Federal Aviation Agency, as amended; and WHEREAS, the City has requested that the said areas be used for park purposes. NOW, THEREFORE, it is mutually agreed by and between the State of Florida Department of Transportation and the City of Miami, Florida, that for and in consideration of the premises, it is mutually agreed as follows, to wit: 1. The Department hereby leases to the City as the Party responsible for developing and operating the space, subject to the Department's right to maintain its expressway facilities, all those rights here and above described subject furthe- to the right of the Department to use such space as necessary for maintenance of such expressway facilities and further subject to the conditions ,and terms herein contained. 2 That the term of this lease shall be for a period of ninety-nine (99) years unless sooner terminated as hereinafter nrovided for use as a public park facility. -1- 3_ Attached hereto and by this reference made a part hereof is Exhibit "A" which is the location sketch of parcel to be leased for this City park facility to be constructed under the elevated right-of-way shown in Exhibit "A", attached hereto. 4. Attached hereto and by this reference made a part hereof'is Exhibit "B" & "C", which is the legal description of that part of the right-of-way shown in Exhibit "A", attached hereto that abuts the Miami River. 5. Structures authorized to occupy the space will be of fireproof construction in accordance with the provisions of local applicable building codes found to be acceptable by the Department and Federal Highway Administration hereinafter called the FHWA, and' will not be used for the manufacture or storage of flammable, explosive or hazardous material, or for any occupation which is deemed by the Department yr tire FHWA to be a hazard to highway or non highway uses, and the operation and maintenance -of the- sp-a-ce- wi-li be- subject to. regulation -by -the -Department to -protect against 9 fires 6r other hazards impairing the use, safety and appearance of the highway. In cases where the Department or the FHWA questions the acceptability of the existing code, conformance with a nationally accepted model code will be required. Further, the occupancy and use of space the highway shall not be of suchrs will permit hazardous or unreasonably objectionable smoke,' fumes, vapor or odors to rise above the grade line of the highway; Additionally, where the proposed use of the space below the grade line of the hiohway requires additional highway facilities for Om vivprr- opera-ti-an- and - maintenance of the hiohway, they shall be provided without cost to either the Department or the FHWA. 6. The City shall obtain prior approval from the Department and the FHWA prior to making any significant revision in the design or construction of the City park facility shown in Exhibit "A", attached hereto. 7. The City shall obtain prior approval from the Department and the FHWA prior to making any change in the authorized use of space as provided by this agreement. 8. The City understands and hereby agrees not to sublease or as-s gn- tire- spe1r- herein, or any portion thereof, except upon prior approval in writing by both the Department end the FHWA. 9. It is understood and aoreed to by the City that this Agreement will be revocable in the event that the City park facility ceases to be used or is abandoned. -2- • the'....Tjnht to -revoke this _ without liability, in the the City violates any of the conditions of this Agreement and such violation is not corrected within thirty (30))days after written notice of non compliance has been given. Further, that in the 'event the Agreement is revoked and the Department deems it necessary to request the removal of the facility occupying. the spate, the removal. shall- be accomplished by the responsible party in a manner prescribed by the Department at no cost to the Department or, the FHWA. 11. The City does hereby covenant and agree to indemnify,.defend, save and hold harmless the Department end FHWA from any claims, demands, or liabilities of any nature whatsoever arising out of or because of this Agreement, and from any and all damages to the roadway structures by fire or other accident or casualty and assumes specific responsibility for payment of any related damages occurring to. the highway facil:i:ty and to the public for personal injury, loss of life, and property damage, and does accept the full res-pons-ibility for any fallingdebris, or injury that may result from spills of any. kind from. the. highway. structure — Further, the City aerees t'iat it will require contractors constructing facilities, paving and making improvements contemplated by this Agreement to maintain such Insurance as will protect the Department from claims under the Workmen's Compensat5on Act and from any, other claims for property damage, personal injury and bodily injury including death, which may arise from any construction pursuant to this Agreement. Such coverage shall be in an amount not less than Two- Hundred -Thousand -Dollars (S200,000.00) for damages suffered by any one person and Five Hundred Thousand Dollars (S500,000.00) for any (1) accident. Certificate of such insurance shall be filed with the District office of the Department and subject to its approval. ' 12T It is unders-tavd- arid- agree by- tire- Ctty. that- representet4ves of- the - Department and the FHWA have the right of ingress and egress over, upon and across the space facility for the purpose of inspection, maintenance or reconstruction of the highway and adjacent facilities when necessary. 13. It is understood and agreed by the City that the park facility occupying the space will be maintained so as to assure that the structures and the area within the highway right-of-way.boundaries will be, kept in good condition, both as to safety and appearance, and that such maintenance will be accomplished in a manner• so as to cause no unreasonable interference with highway use. In the event the'City fails in its maintenance obligations, then the Department is authorized to enter the premises, perform the necessary maintenance and receive payment from the City upon presentation of an invoice for actual' cost to perform same. -3- 14. in ConiormanC. with the Llvll nights hci. 61 I!'h4. jilLie-fi, h}TentiL i L j 'avd,Title. 49, Code of ue.-._ Regulations 21, the City tL( _.self, its assignees and successors in interest agrees as.foli'ows.:- a. That as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person, on the ground of sex, race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the -use of- s-a1d- facilities, (2) that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors, and (3) that the City shall use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A, Office of the Secretary of Commerce, Part 3 (15 C.F.R., Part 3) and as said Regulations may be amended. b. That in the event of breach of any of the above nondiscrimination covenants, the Department shall the right to t'rminate the lease and to re-enter and repossess said land and the facilities thereon, and hold the same as if said leaselhad never been made or issued. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. WITNESSES: As to the Department As to the City � RDI� �S M AND' CORPECTNE•SV 4. AP. This Instrument' Ex 'teat Pursuant to / Resolution No. 80-244 STATE OF FLORIDA.,, DEPART1;iENTtASP ?RTAT I ON Atc Deputy ,,8 cretary for Administration ATTEST: Exa'utive Sec etary THE CITY T By: AT FLORIDA ger eal) ' Seal) er . kPFADVE `F.E Tc rpm. LEGALITY FLOilI a,; CEFi,1,11,;ki.T OF Tni,f�SPJRTAf1)N .. PY: