HomeMy WebLinkAboutExhibit 1Miami. FL
101 NW SOUTH RIVER DRIVE
GLC M2106
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is hereby _made and entered into this
day of 20 .. , by and between BELLSOUTH
TELECOMMUNICATIONS, INC., a Georgia corporation D!B/A AT&T Florida, whose address is
WHITACRE TOWER, 208 SOUTH AKARD. ROOM 3137, DALLAS. TX 75202. ATTN;
GENERAL ATTORNEY- REAL ESTATE (hereinafter referred to as the "LICENSOR") and the
CITY OF MIAMI, a municipal corporation of the State of Florida, with offices at 444 SW 2n6
Avenue, (Attn.: CIP Dept., 8th FI.) Miami, FL 33130 (hereinafter referred to as the "CITY").
WITNESSETHi
WHEREAS, LICENSOR is the fee simple owner of certain real property (hereinafter
referred to as the "License Area") located in Miami -Dade County, Florida, as more particularly
identified in Exhibit "A" attached hereto and by reference made a part hereof; and
WHEREAS, CITY desires to use LICENSOR's property for the purpose of sloping,
grading, and tying in right-of-way improvements with those of the License Area, hereinafter
referred to as the "WORK"; and
WHEREAS, the CITY's actions on the PROPERTY will result in connecting existing
features to the City's improvements in the area of the LICENSOR's property; and
WHEREAS, LICENSOR desires to grant to CITY a license for the aforementioned
purpose;
NOW, THEREFORE, for and 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, LICENSOR and CITY, hereby agree as
follows:
LICENSOR hereby grants CITY, its agents, servants and assigns the non-exclusive right,
privilege and license to use the property described in Exhibit "A" (License Area) to locate,
construct, install, operate, inspect, alter, improve, maintain, repair, move and rebuild
sidewalks, driveways, swales, or back of sidewalk connections to natural ground, allied
and related improvements, on, upon and across said License Area with the same existing
material; and attain ingress and egress to and upon said License Area for the purpose of
exercising the rights, privileges and license granted herein.
2. This License is granted for a primary term of two (2) years from the date first written
above and shall continue in full force and effect thereafter until terminated by LICENSOR
or CITY on 60 days prior written notice. The term may be extended for one additional one
(1) year term upon mutual written consent.
3. The CITY shall use its. best efforts to inform the LICENSOR when WORK will begin by
providing a 5 day advance notification.
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4. LICENSOR retains the right to use the License Area in any manner not inconsistent with
the rights herein granted to CITY provided, however, that the LICENSOR shall not disturb
the improvements made to sidewalks, driveways, .swales, or back of sidewalk tie-ins to
natural ground in any way without prior approval by the CITY. The CITY agrees that any
and all work to be performed shall not unreasonably/substantially interfere with the
ingress or egress to the property of LICENSOR during its regular business hours. Any
breach of this License Agreement may , at the option of Licensor, terminate this License
Agreement following thirty(30) days notice from Licensor to the City Manager, as
provided in § 8 , when such breach is not substantially cured in such thirty(30) day
period.
5. The CITY expressly acknowledges and accepts its responsibility under applicable law
(only to the extent allowed by Section 768.28, Florida Statutes) for property loss, property
damage, incident to injury to persons or property, arising out of or resulting from the
negligent WORK or negligent act or omission relative to authorized use of the License
Area by the CITY , unless, however, such claim or demand shall arise out of or result
from the negligence or willful misconduct of LICENSOR, its servants, agents, employees,
or assigns or to claims in the nature of contract, equity, or violation(s) of an applicable
law. This is a statement of CITY responsibility but is NOT to be construed or interpreted
as a hold harmless, duty to defend, covenant . not to sue, release, or indemnification by
the CITY to any third party, including LICENSOR. Excepting only the statement in this
paragraph, the CITY expressly reserves its sovereign immunity, and its privileges,
defenses and claims relating to its sovereign immunity..
is CITY agrees that any and all work performed within the License Area and in association
with the purposes of this License shall be done in a good, safe, workmanlike manner and
in accordance with applicable federal, state, and local statutes, rules, regulations and
ordinances now in force.
7. Upon termination of this License Agreement, CITY shall, within a reasonable time and at
CITY's sole cost and expense, remove all equipment, accessories, and materials owned
by CITY from the License Area and restore said License Area as nearly as practicable to
its condition prior to the granting of the License, excepting, however, normal wear and
tear..
8. Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or by
• hand -delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the following:
For City of Miami:
City Manager
3500 Pan American Drive
Miami, Florida 33133
Julie O. Bru
City Attorney
City of Miami
444 S.W. 2nd Avenue, - 9th Floors
Miami, Florida 33130
with copies to:
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Mr. Albert Sosa
Assistant Director
Capital Improvements Program
City of Miami
444 S.W. 2nd Avenue, - 8th Floor
Miami, Florida 33130
Manuel Mejido
Project Manager
Capital Improvements Program
City of Miami
444 S.W. 2nd Avenue, - 81h Floor
Miami, Florida 33130
For LICENSOR:
BellSouth Telecommunications, Inc.
Whitacre Tower
208 S. Akard, Room 3137
Dallas, TX 75202
Attn: General Attorney — Real Estate
With a copy to:
BellSouth Telecommunications, Inc.
Corporate Real Estate Group
754 Peachtree Street N.E. - Room 3D
Atlanta, GA 30308
9. Nothing herein shall be construed to be an admission of liability by either party for any
purposes.
10. This constitutes the full and final Agreement between the parties as to its subject matter .
Any amendments to this Agreement will employ the same formalities as were employed
for its execution.
11. This Agreement will be construed under the laws of the State of Florida. Venue shall be
in Miami -Dade County, Florida. in order to expedite any litigation between the parties to
this Agreement arising out of this Agreement the Licensor and the City agree to waive
trial by jury or permissive counterclaims in any actions brought by one party against the
other under the terms of this Agreement.
IN WITNESS WHEREOF, the undersigned parties have executed this License
Agreement on the day and year first above written.
LICENSOR: BELLSOUTH TELECOMMUNICATIONS, INC.,
By: Signed: Print Name:
Authorized signatory
STATE OF COUNTY OF
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The foregoing instrument was acknowledged before me this day of
, 2010 by , who is personally known to me or has
produced as identification and who did not take an oath.
Notary Stamp: •
Acknowledgment
Signature of Notary Public Taking •
Print Name:
CITY:
CITY OF MIAMI
By:
City Manager
Attest:
Priscilla H. Thompson, CMC, City Clerk
Serial Number (if any):
Commission Expires:
The foregoing instrument was acknowledged before me this day of
20_ by , who is personally known to me
or has produced as identification and who did
not take an oath.
Notary Stamp:
Acknowledgment
Signature of Notary Public Taking
Print Name:
ATTEST
Serial Number (if any):
Commission Expires:
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APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS REQUIREMENTS:
By: By:
Julie O. Bru, City Attorney Gary Reshefsky,
Risk Management Director
to
131 NW S RIVER DR
K
TRACT "A"
NW SOUTH RIVER DRIVE
Exhibit A
129 NW S RIVER DR
L
UNPLA T TED
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N
M
125 NW S RIVER DR
CURVE DATA C4
PI STA. = 70+93.45
DELTA = /7" /6' 3/" (RT)
D = 21' 52' 07"
T = 39.80
L = 79.00
R = 262.00
PC STA. = 70+53.65
PT STA. = 71+32.65
101
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