HomeMy WebLinkAboutExhibit 1REVOCABLE LICENSE AGREEMENT
ISSUED BY THE
CITY OF MIAMI
TO
BOUYGUES CIVIL WORKS OF FLORIDA, INC.
FOR THE OCCUPANCY OF PROPERTY ON WATSON ISLAND
MIAMI, FLORIDA
�sR � �I-gg
TABLE OF CONTENTS
1. Purpose. 5
2. Occupancy And Use Period. 6
3. Interest Conferred By This Agreement. 6
4. Fees. 7
5. Late Fee. 8
6. Returned Check Fee. 8
7. Security Deposit. 9
S. Adjustment to Use Fee, Security and any applicable Use Taxes. 10
9. Utilities. 10
10. Condition Of The Area. 11
11. Alterations, Additions or Replacements. 11
12. Violations, Liens And Security Interests. 11
13. City Access To Facility. 12
14. Indemnification And Hold Harmless. 13
15. Hazardous Materials. 13
16. Payment and Performance Bond. 14
17. Insurance. 15
18. No Liability. 16
19. Taxes and Fees. 17
20. Cancellation By Request Of Either Of The Parties Without Cause. 17
21. Termination By City Manager For Cause. 18
22. Notices. 18
23. Advertising. 19
24. Ownership Of Improvements. 20
25. Surrender Of Area. 20
26. Default by Licensee. 20
ii
27. Severability. 21
28. No Assignment Or Transfer. 22
29. Nondiscrimination. 22
30. Affirmative Action. 22
31. Waiver Of Jury Trial. 22
32. Non -waiver Of Violation. 22
33. Amendments And Modifications. 23
34. Compliance With All Applicable Laws. 23
35. Captions. 23
36. Interpretation. 23
37. Entire Agreement. 24
38. Special Events 24
39. Subordination 24
40. Agreement with the Internal Improvement
Trust Fund of the State of Florida 25
Exhibit "A": The Area 27
Exhibit "B": Conditions of Use for Occupancy 28
Exhibit "C": .List of Equipment/Materials to be stored on Property 29
Exhibit "D": Payment and Performance Bond 30
Exhibit "E": Insurance Requirements 31
Exhibit "F": FDOT Acknowledgement Letter 34
iii
REVOCABLE LICENSE AGREEMENT
This Revocable License Agreement ("Agreement") is made this day of
, 2011 by and between the CITY OF MIAMI, FLORIDA, a municipal
corporation of the State of Florida ("City") and BOUYGUES CIVIL WORKS
FLORIDA, INC., a Florida for -profit corporation whose principal address is 1050
MacArthur Causeway, Miami, Florida 33132 ("Licensee").
RECITALS
WHEREAS, the City is the owner of a tract of uplands on Watson Island
("Property") as well as submerged lands abutting Watson Island; and
WHEREAS, Licensee is a contractor for and undertaking work on behalf of the
Florida Department of Transportation ("FDOT") on the Port of Miami Tunnel Project
("POMT" or "Project"), FDOT Project No. E6F67 on or around the I-395 expressway;
and
WHEREAS, FDOT acknowledges that Licensee is acting as its agent on its
behalf relative to the Licensee's activities pursuant to this Agreement as may be seen by
the written acknowledgement of FDOT attached hereto as Exhibit "F" incorporated by
reference herein and made a part hereof; and
WHEREAS, Licensee wishes to use a portion of the Property that is governed by
that certain Amended and Restated Agreement to Enter Into Ground Lease adopted
September 23, 2010,.Resolution No. 10-402 by and between the City and Flagstone
Island Gardens, LLC for the Flagstone Island Gardens project; and
WHEREAS, the Flagstone Island Gardens ("Flagstone") development is
currently awaiting approval from the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida for a Partial Modification of Restrictions to Deed No.
19447 and is on hold until further notice; and
WHEREAS, the City wishes to support and facilitate the construction of the
POMT; and
4
WHEREAS, Licensee intends to use a portion of the Flagstone Island Gardens
site for construction staging, materials storage, barge unloading and loading activities;
and
WHEREAS, this Agreement is personal to the Licensee and is not assignable or
otherwise transferable; and
WHEREAS, this Agreement is revocable -at -will by the City and without the
consent of the Licensee; and
WHEREAS, this Agreement does not transfer an interest in real property
including any leasehold interest in real property owned by the City; and
WHEREAS, this Agreement does not confer a right to use any real property for
any general or unspecified purposes; and
WHEREAS, this Agreement does not convey or transfer any right to exclude the
City from any real property; and
WHEREAS, this Agreement permits only certain, enumerated, specific, listed
Permitted Use, and does not permit anything further; and
WHEREAS, in order to carry out the intent as expressed herein and in
consideration of the mutual agreements subsequently contained, City and Licensee agree
as follows:
1. Purpose.
The City is the owner of real property and improvements thereon at Watson
Island, Miami, Florida ("Property") and submerged lands abutting the uplands property.
The City has determined that approximately four and one-half (4.5) acres of vacant land
within the Property ("Area"). as more particularly described in Exhibit "A" attached
hereto and made a part hereof, which is currently committed to Flagstone, said project
being currently on hold pending Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida for a Partial Modification of Restrictions to Deed No. 19447,
and the Property is not needed at this time by the City. The Licensee wishes to use the
Area for construction staging and materials storage, (excluding fill classified as
commercial or hazardous materials), barge unloading and loading activities ("Permitted
Uses").
5
The City is willing to assist the Licensee by temporarily authorizing the Licensee
to occupy and use the Area for the Permitted Uses, under the conditions hereinafter set
forth. Additionally, the City will also temporarily authorize the Licensee to use a portion
of the submerged lands for barge loading and unloading activities on an as -needed basis,
with fifteen (15) days prior written notice for public purpose uses related to the
construction of the POMT. Any use of the Area not authorized under the Permitted Uses
must receive the prior written consent of the City Manager, which consent may be
withheld or conditioned for any or no reason, including, but not limited to additional
financial consideration.
2. Occupancy and Use Period.
This Agreement is effective as of May 9, 2011 ("Effective Date") and shall expire
on the earlier of:
(a) Cancellation or termination by the express written agreement of the parties
hereto; or
(b) Cancellation or termination by request of either of the parties hereto,
subject to the notice provisions of Paragraph 20, "Cancellation By Request
Of Either Of The Parties Without Cause;" or
(c) Cancellation pursuant to Paragraph 21, "Termination by City Manager for
Cause" Or
(d) Cancellation of the Agreement between the Florida Department of
Transportation ("FDOT") and the Licensee; or
(e) Completion of the FDOT Project No. E6F67.
3. Interest Conferred By This Agreement.
Licensee agrees that this Agreement has been issued by the City to authorize
Licensee to occupy the Area solely for the limited purpose of the Permitted Use and no
other purpose. The parties hereby agree that the provisions of this Agreement do not
constitute a lease and the rights of Licensee hereunder are not those of a tenant but are a
mere personal privilege to do certain acts of a temporary character and to otherwise use
the Area subject to the terms of this Agreement. No leasehold interest in the Area is
6
conferred upon Licensee under the provisions hereof and Licensee does not and shall not
claim at any time any leasehold estate or ownership interest in the Area by virtue of this
Agreement or its use of the Area hereunder. Additionally, Licensee does not and shall
not claim at any time any interest or estate of any kind or extent whatsoever in the Area
by virtue of any expenditure of funds by the Licensee for improvements, construction,
repairs, partitions, or alterations to the Area even if such improvements, construction,
repairs, partitions, or alterations are authorized by the City.
4. Fees.
4 (a) Use Fee.
In consideration of this Agreement, commencing on the Effective Date, Licensee
agrees to pay a use fee ("Monthly Use Fee") to the City, of Ten Thousand and No/100
Dollars ($10,000.00), plus State Use Tax, if applicable, for each month, or any portion
thereof, that Licensee uses or occupies the Area, which Monthly Use Fee shall be paid in
advance and in full on the first day of each month, without notice or demand. Nothing in
this paragraph shall be construed to grant Licensee the right to use or occupy the Area for
a term greater than on a month -to -month basis. Payments shall be made payable to "City
of Miami" and shall be mailed to Finance Department, Attn: Treasury/Receipts, 444 S.W.
2nd Avenue, 6th Floor, Miami, Florida 33130, or such other address as may be
designated from time to time.
In the event the Effective Date does not fall on the first day of the month, the
Monthly Use Fee will be prorated on a daily basis for that month.
4(b) Annual and Other Submerged Lands Fees.
If deemed necessary by the Department of Environmental Protection ("DEP"). in
addition to the Monthly Use Fee described above, commencing upon the later of the
Effective Date of this Agreement or the effective date of an agreement with the DEP for
the use of the submerged lands, Licensee shall be obligated to pay an Annual Submerged
Lands Fee in accordance with DEP Administrative Rule 18-21.011(1)(b), as the same
may be amended from time to time, for the use of the submerged lands portion of the
property. The annual submerged lands fees shall be paid to the City at the same location
7
as the Monthly Use Fee and the City shall remit payment to DEP. Licensee shall remit
the annual submerged lands fee to the City within five (5) business days of being billed
by the City for the same. Licensee shall further be obligated to submit to the City for
remittance to the DEP any and all documents required by DEP which may include, but is
not limited to, disclosure of any income from wet slips for the submerged lands.
4(c) State Lands Fee.
If deemed necessary by the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida ("State"), in addition to the fees described above,
coirunencing upon the later of the Effective Date of this Agreement or the effective date
of an agreement with the State for the use of the Property, Licensee shall be obligated to
pay any fees imposed by the State in accordance with Section 253.03, Florida Statutes, as
the same may be amended from time to time, for the use of the Property. Licensee shall
remit any and all fees imposed by the State to the City within five (5) business days of
being billed by the City for the same.
5. Late Fee.
In the event City does not receive any installment of the Monthly Use Fee within
five (5) days of the date in which it is due, Licensee shall pay to the City a late charge in
an amount equal to five (5%) percent of the Monthly Use Fee. Such late fee shall
constitute additional fees due and payable to the City by Licensee upon the date of
payment of the delinquent payment referenced above. Acceptance of such late charge by
the City shall, in no event, constitute a waiver of Licensee's violations with respect to
such overdue amount, nor shall it prevent the City from the pursuit of any remedy to
which the City may otherwise be entitled.
6. Returned Check Fee.
In the event any check is returned to the City as uncollectible, the Licensee shall
pay to the City a returned check fee ("Returned Check Fee") based on the following
schedule:
Returned Amount Returned Check Fee
$00.01 - 50.00 $20.00
$50.01 - 300.00 $30.00
$300.01 - 800.00 $40.00
OVER S800 5% of the returned amount.
The Returned Check Fee shall constitute additional fees due and payable to the
City by Licensee, upon the date of payment of the delinquent payment referenced above.
Acceptance of the Returned Check Fee by the City shall, in no event, constitute a waiver
of Licensee's violations with respect to such overdue amount nor shall it prevent the City
from the pursuit of any remedy to which City may otherwise be entitled.
7. Security Deposit.
Simultaneously with the execution of this Agreement, the Licensee shall deposit
with the City the sum of Thirty -Six Thousand and No/100 Dollars ($36,000.00)
("Security") as guarantee for the full and faithful performance by Licensee of all
obligations of Licensee under this Agreement or in connection with this Agreement. If
Licensee is in violation beyond any applicable notice or cure period, the City may use,
apply or retain all .or any portion of the Security for the payment of (i) any fee or other
sum of money which Licensee was obligated to pay but did not pay, (ii) any sum
expended by the City on Licensee's behalf in accordance with the provisions of this
Agreement, or (iii) any sum which the City may expend or be required to expend as a
result of Licensee's violation. The use, application or retention of the Security or any
portion thereof by the City shall not prevent the City from exercising any other right or
remedy provided for under this Agreement or at law and shall not limit any recovery to
which the City may otherwise be entitled. At any time or times when the City has made
any such application of all or any part of the Security, the Licensee shall deposit the sum
or sums equal to the amounts so applied by the City within ten (10) calendar days of
written notice by the City of such application.
9
Provided Licensee is not in violation of this Agreement, the Security or balance
thereof, as the case may be, shall be returned to Licensee upon the termination of this
Agreement or upon any later date after which Licensee has vacated the Area in the same
condition or better as existed on the Effective Date, ordinary wear and tear excepted.
Upon the return of the Security (or balance thereof) to the Licensee, City shall be
completely relieved of all liability with respect to the Security. Licensee shall not be
entitled to receive any interest on the Security.
8. Adjustment to Use Fee, Security and any Applicable Use Taxes.
Commencing twelve (12) months from the Effective Date, or on the first day of
the following month if the Effective Date is not on the first of the month, and every
twelve (12) months thereafter ("Anniversary Date"), Licensee agrees that the Monthly
Use Fee and Security shall be increased by five (5%) percent of the Monthly Use Fee and
Security then in effect for the immediately preceding Agreement Year and any
Applicable Taxes shall be increased as required by Florida Statutes. Nothing in this
paragraph shall be construed to grant Licensee the right to use the Area or maintain the
Property for a term greater than on a month -to -month basis. The City agrees to provide
Licensee with a completed IRS Form W-9, or its equivalent, upon execution of this
Agreement and at such other times as may be reasonably requested by Licensee.
9. Utilities.
Licensee shall pay for all utilities and services, including but not limited to,
electricity, water, stoiin water fees, gas, telephone, garbage and sewage disposal, used by
Licensee during its occupancy of the Area, as well as all costs for installation of any
necessary lines and equipment. Licensee, at its sole cost, shall install all utilities required
for its use, install separate utility meters, and shall be billed directly by the applicable
utility company for such services. In the event that the City is billed for any utility or
service that is a result of Licensee's use of the Area, the Licensee shall reimburse such
amount to the City within five (5) calendar days of notification of the City's receipt of
said bill.
10
10. Condition Of The Area.
Licensee accepts the Area "As Is", in its present condition and state of repair and
without any representation by or on behalf of the City, and agrees that the City shall,
under no circumstance, be liable for any latent, patent or other defects in the Area.
Licensee, at its sole cost, shall maintain the Area in good order and repair at all times and
in an attractive, clean, safe and sanitary condition and shall suffer no waste or injury
thereto. Licensee shall be responsible for all repairs to the Area required or caused by
Licensee's use of any part thereof.
Licensee agrees to make all changes necessary to the Area at Licensee's sole cost
and expense in order to comply with all City, County, State and Federal requirements for
Licensee's use or occupancy thereof. Additionally, Licensee agrees to maintain the Area
at its own cost and expense in accordance and in compliance with the terms and
conditions specified in Exhibit `B" attached hereto and made a part hereof. Moreover,
Licensee agrees not to store the equipment and materials identified in Exhibit "C"
attached hereto and made a part hereof under terms and conditions inconsistent with this
Agreement.
11. Alterations, Additions Or Replacements.
Except in the event of an emergency and in the case of the conditions and
requirements specified in Exhibit "B," Licensee shall not make any repair or alteration
required or permitted to be performed by Licensee without first receiving the written
approval of the City Manager, which approval may be conditioned or withheld for any or
no reason. If the City approves such request, no repair or alteration shall be commenced
until plans and specifications therefore shall have been submitted to and approved by the
City Manager. Licensee acknowledges that any approval given by the City Manager
pursuant to this Section shall not constitute an opinion or agreement by the City that the
plans and specifications are structurally sufficient or in compliance with any laws, codes
or other applicable regulations. In the event of an emergency, Licensee may reasonably
proceed to perform such repair work and shall immediately notify City of such work.
11
12. Violations, Liens And Security Interests.
Licensee,• at its sole expense and with due diligence and dispatch, shall secure the
cancellation, discharge, or bond off, in the manner permitted by law, all notices of
violations arising from, or otherwise in coimected with, Licensee's improvements, use,
occupancy, or operations in the Area which shall be issued by any public authority
having or asserting jurisdiction. Licensee shall promptly pay its contractors,
subcontractors, and material -men for all work and labor done at Licensee's request.
Should any lien, claim, or encumbrance be asserted or filed, Licensee shall bond against
or discharge the same regardless of validity, within ten (10) calendar days of Licensee's
receipt of notice of the filing of said lien, claim, or 'encumbrance. In the event Licensee
fails to remove or bond against said lien or claim in the full amount stated, the City
without obligation to do so, may bond, settle, or otherwise remove such lien or claim and
Licensee shall pay the City upon demand any amounts paid out by City to extinguish
such claim or lien, including City's costs, expenses, and reasonable attorneys' fees.
Licensee further agrees to hold City harmless from and to indemnify the City against any
and all claims, demands and expenses, including attorney's fees, of any contractor,
subcontractor, material person, laborer or any other third person with whom Licensee has
contracted or otherwise is found liable, in respect to the Area. Nothing contained in this
Agreement shall be deemed, construed or interpreted to imply any consent or agreement
on the part of City to subject the City's interest or estate to any liability under any
mechanic's or other lien asserted by any contractor, subcontractor, material person or
supplier against any part of the Area or any of the improvements thereon. All contracts,
subcontracts, purchase orders, or other agreements involving the Area shall provide for
the waiver of any lien rights in the Area and provide that the contracting party agrees to
be bound by such provision and include the waiver provision in any sub agreement.
13. City Access To Facility.
The City and its authorized representative(s) shall at all times have access to the
Area. The City shall have access to and entry into the Area at any time to (a) inspect the
Area, (b) to perform any obligations of Licensee hereunder which Licensee has failed to
12
perform after written notice thereof to Licensee, with Licensee not having cured such
matter within ten (10) calendar days of such notice, (c) to assure Licensee's compliance
with the terms and provisions of this Agreement and all applicable laws, ordinances, rules
and regulations, (d) to show the Area, to prospective purchasers or tenants, and (e) for
other purposes as may be deemed necessary by the City Manager in the furtherance of the
City's corporate purpose; provided, however, that City shall make a diligent effort to
provide at least 24-hour's advanced notice and Licensee shall have the right to have one
or more of its representatives or employees present during the time of any such entry.
The City shall not be liable for any loss, cost or damage to the Licensee by reason of the
City's exercise of the right of entry described herein for the purposes listed above. The
making of periodic inspection or the failure to do so shall not operate to impose upon the
City any liability of any kind whatsoever nor relieve the Licensee of any responsibility,
obligations or liability assumed under this Agreement.
14. Indemnification And Hold Harmless.
The Licensee shall indemnify, hold harmless and defend the City and Flagstone
Island Gardens, LLC, a Delaware limited liability company, f/kla and successor by
merger to Flagstone Properties, LLC, a Florida limited liability company from and
against any and all claims, suits, actions, damages or causes of action of whatever nature,
for any personal injury, loss of Life or damage to property sustained in or on the Area, by
reason of or as a result of Licensee's use or operations thereon, and from and against any
orders, judgments or decrees which may be entered thereon, and from and against all
costs, attorney's fees, expenses and liabilities incurred in and about the defense of any
such claims and the investigation thereof; even if the claims, costs, liabilities, suits,
actions, damages or causes of action arise from the negligence or alleged negligence of
the City, including any of its employees, agents or officials.
15. Hazardous Materials
The Licensee shall, at its sole cost and expense, at all times and in all respects comply
with all federal, state and local laws, statutes, ordinances and regulations, rules, rulings,
policies, orders, administrative actions and administrative orders ("Hazardous Materials
13
Laws"), including, without limitation, any Hazardous Material Laws relating to industrial
hygiene, environmental protection or the use, storage, disposal or transportation of any
flammable explosives, toxic substances or other hazardous, contaminated or polluting
materials, substances or wastes, including, without limitation, any "Hazardous
Substances", "Hazardous Wastes", "Hazardous Materials" or "Toxic Substances, under
any such laws, ordinances or regulations (collectively "Hazardous Materials"). The
Licensee shall, at its sole cost and expense, procure, maintain in effect, and comply with
all conditions of any and all permits, licenses and other governmental and regulatory
approvals relating to the presence of Hazardous Materials within, on, under or about the
Area required for the Licensee's use, or storage of, any Hazardous Materials in or about
the Area in conformity with all applicable Hazardous Materials Laws and prudent
industry practices regarding management of such Hazardous Materials. Upon
termination or expiration of this Agreement, the Licensee shall, at its sole cost and
expense, cause all Hazardous Materials, including their storage devices, placed in or
about the Area by the Licensee or at the Licensee's direction, to be removed from the
Area and transported for use, storage or disposal in accordance and compliance with all
applicable Hazardous Materials Laws. The City acknowledges that it is not the intent of
this Article to prohibit the Licensee from operating in the Area for the uses described in
the Section of this Agreement entitled "Purpose". The Licensee may operate according
to the custom of the industry so long as the use or presence of Hazardous Materials is
strictly and properly monitored according to, and in compliance with, all applicable
governmental requirements. The requirements of this Section of the Agreement shall
survive the expiration or termination of this Agreement.
16. Payment And Performance Bond.
The City shall require the Licensee to procure a Public Construction Payment
Bond ("Payment Bond"), a Public Construction Performance Bond ("Performance
Bond") and a Guarantee Bond ("Guarantee Bond"). The Public Construction Payment
and Construction Performance bonds may be combined into one bond affording both
coverages. All bonds must be substantially in the faun prescribed by §255.05, Fla. Stat.,
14
and must meet the City's standards attached as Exhibit "D" hereto and made a part
hereof. The City shall be furnished with a copy of the same and mailed to the City of
Miami, Department of Public Facilities, 444 SW 2nd Avenue, 31d Floor, Miami, FL
33130, Attn: Director.
The required bonding and insurance coverage shall be maintained in effect until
such time as the construction of the POMT and the access road have both been
completed.
17. Insurance.
Prior to Licensee, its agents, employees, representatives, contractors, sub-
contractors, consultants or anyone else directly or indirectly employed by any of them
entering upon the Property for the purpose of performing the Permitted Uses as defined
herein, the Licensee shall obtain and maintain or cause to be obtained and maintained
throughout the Occupancy and Use Period, the types and amounts of insurance coverages
set forth in Exhibit "E," attached hereto and made a part hereof, in such reasonable
amounts as approved by the City's Risk Management Director protecting the City,
against all claims for personal injury, bodily injury, property damage, and regulatory
actions by governrnental agencies arising out of or related to the activities undertaken by
the Licensee upon the Property and naming the City as an additional insured. All
policies and/or certificates of insurance are subject to review and verification by the
City's Risk Management Department prior to insurance approval. The City's Risk
Management Department reserves the right to make reasonable changes in the types and
amounts of insurance coverages as necessary and shall revise Exhibit "E" accordingly as
necessary.
The Licensee shall be responsible for assuring that the insurance certificates
required under this Agreement remain in full force and effect for the duration of this
Agreement, including any extensions hereof. If insurance certificates are scheduled to
expire during the term of this Agreement and any extension hereof, Licensee shall be
responsible for submitting new or renewed insurance certificates to the City's Risk
Management Administrator at a minimum of ten (10) calendar days in advance of such
15
expiration(s). In the event that expired certificates are not replaced with new or renewed
certificates which cover the Occupancy and Use Period:
(i) the City shall suspend this Agreement until such time as the new or
renewed certificate(s) are received in acceptable form by the City's Risk
Management Director; or
(ii) the City may, at its sole discretion, terminate the Agreement for cause and
seek appropriate remedies in conjunction with the violation of the terns
and conditions of this Agreement.
Compliance with the foregoing insurance requirements shall not relieve Licensee
of its liabilities and obligations under this Agreement.
Licensee shall require as well its construction contractors, subcontractors, and
vendors for the Project that come onto the Property to furnish the Licensee and the City,
evidence of the following insurance coverage, unless this requirement is waived in
writing by the City Manager:
The Licensee's failure to require third parties to procure insurance shall in no way
release the Licensee from its obligations and responsibilities as provided. Failure to
require third parties to procure insurance required by this Section shall constitute a cause
for default of this Agreement as provided in Section 27 herein.
If it can be determined that any loss or part thereof, shall be the fault of a third
party (i.e. a contractor or contractors, visitors to the building or any other person, persons
or organizations) except the City, then and in that event, the Licensee may take all
necessary actions to cause such third party to pay such costs and the Licensee shall be
responsible for the restoration of any and all losses incurred by the third party, subject to
Section 25 herein. In no event shall the City be liable for damage caused to the Property
or Properties by fire or other casualty. If no third party or parties shall be found liable or
if found liable, but unable to pay damages, then the costs of such repairs shall be ascribed
to the Licensee.
16
18. No Liability.
In no event shall the City be liable or responsible for injury, loss or damage to
the property, improvements, fixtures and/or equipment belonging to or rented by
Licensee, its officers, agents, employees, invitees or patrons occurring in or about the
Area that may be stolen, destroyed, or in any way damaged, including, without
limitation, fire, flood, steam, electricity, gas, water, rain, vandalism or theft which may
leak or flow from or into any part of the Area, or from the breakage, leakage,
obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air
conditioning or lighting fixtures of the Area, or from hurricane or any act of God or any
act of negligence of any user of the facilities or occupants of the Area or any person
whomsoever whether such damage or injury results from conditions arising upon the
Area or from other sources. Licensee indemnifies the City its officers, agents and
employees from and against any and all such claims even if the claims, costs, liabilities,
suits, actions, damages or causes of action arise from the negligence or alleged
negligence of the City, including any of its employees, agents, or officials.
Licensee further acknowledges that as lawful consideration for being granted the
right to utilize and occupy the Area, Licensee, on behalf of himself, his agents, invitees
and employees, does hereby release from any legal liability the City, its officers, agents
and employees, from any and all claims for injury, death or property damage resulting
from Licensee's use of the Area.
19. Taxes and Fees.
Licensee shall pay before any fine, penalty, interest or cost is added for
nonpayment, any and all charges, fees, taxes or assessments levied against the Area, or
against any occupancy interest or personal property of any kind, owned by or placed in,
upon or about the Area by Licensee, including, but not limited to, ad valorem taxes, fire
fees, and parking surcharges. In the event Licensee appeals a tax or fee, Licensee shall.
immediately notify City of its intention to appeal said tax or fee and shall furnish and
keep in effect a surety bond of a responsible and substantial surety company reasonably
acceptable to City or other security reasonably satisfactory to City in an amount sufficient
17
to pay one hundred percent of the contested tax together with all interest, costs and
expenses, including reasonable attorneys' fees, expected to be incurred.
20. Cancellation By Request Of Either Of The Parties Without Cause.
Either party may cancel this Agreement at any time by giving thirty (30) calendar
days written notice to the non -canceling party prior to the effective date of the
cancellation ("Notice Period"). Neither party shall have any recourse against the other for
a cancellation effectuated pursuant to this Section, as it is understood and agreed that this
cancellation is for convenience, without cause and without recourse.
21. Termination By City Manager For Cause.
If, at the sole and complete discretion of the City, Licensee in any manner violates
the restrictions and conditions of this Agreement, then, and in such event, after ten (10)
calendar days written notice given to Licensee by the City Manager within which to cease
such violation or correct such deficiencies, and upon failure of Licensee to do so after
such written notice within said ten (10) day period, this Agreement shall be automatically
canceled without the need for further action by the City.
22. Notices.
All notices or other. communications which .may be given pursuant to this
Agreement shall be in writing and shall be deemed properly served if delivered by
personal service or by certified mail addressed to City and Licensee at the address
indicated herein or as the same may be changed 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:
CITY OF MIAMI LICENSEE
City of Miami Bouygues Civil Works of .Florida, Inc
Office of the City Manager 1050 MacArthur Causeway
444 SW 2 Avenue, 10th Floor Miami, FL 33130
Miami, Fl 33130 Attn. Louis Brais,
Project Director
18
WITH A COPY TO
City of Miami
Department of Public Facilities
444 SW 2 Avenue, Suite 325
Miami, FL 33130
WITH A COPY TO
Vivien T. Montz, Esq.
Siegfried, Rivera, Lerner,
De La Torre & Sobel, P.A.
201 Alhambra Circle, Suite 1102
Coral Gables, FL 33134
23. Advertising.
Licensee shall not permit any signs, decoration, or advertising matter to be placed
either in the interior or upon the exterior of the Area without having first obtained the
approval of the Director of Public Facilities ("Director") or his/her designee, which
approval may be withheld for any or no reason, at his sole discretion. Licensee shall, at
its sole cost and expense, install, provide, maintain such sign, decoration, advertising
matter or other things as may be pennitted hereunder in good condition and repair at all
times. Licensee must further obtain approval from all governmental authorities having
jurisdiction, and must comply with all applicable requirements set forth in the City of
Miami Code and Zoning Ordinance. Upon the cancellation of this Agreement, Licensee
shall, at its sole cost and expense, remove any sign, decoration, advertising matter or
other thing pennitted hereunder from the Area. If any part of the Area is in any way
damaged by the removal of such items, said damage shall be repaired by Licensee at its
sole cost and expense. Should Licensee fail to repair any damage caused to the Area
within ten (10) days after receipt of written notice from City directing the required
repairs, City shall cause the Area to be repaired at the sole cost and expense of Licensee.
Licensee shall pay City the full cost of such repairs within five (5) days of receipt of an
invoice indicating the cost of such required repairs.
Licensee hereby understands and agrees that the City may, at its sole discretion,
erect or place upon the Area an appropriate sign indicating City's having issued this
Agreement.
19
24. Ownership Of Improvements.
As of the Effective Date and throughout the Occupancy and Use Period, title to
the Area and all improvements thereon shall be vested in City. Furthermore, title to all
Alterations made in or to the Area, whether or not by or at the expense of Licensee, shall,
unless otherwise provided by written agreement, immediately upon their completion
become the property of the City and shall remain and be surrendered with the Area.
25. Surrender Of Area.
In event of cancellation pursuant to paragraph 20, "Cancellation By Request Of
Either Of The Parties Without Cause," or paragraph 21, "Termination By City Manager
For Cause," at the expiration of the Notice Period, Licensee shall peacefully surrender the
Area broom clean and in good condition and repair together with all alterations, fixtures,
installation, additions and improvements which may have been made in or attached on or
to the Area. Upon surrender, Licensee shall promptly remove all its personal property,
trade fixtures and equipment and Licensee shall repair any damage to the Area caused
thereby. Should Licensee fail to repair any damage caused to the Area within ten (10)
days after receipt of written notice from City directing the required repairs, City shall
cause the Area to be repaired at the sole cost and expense of Licensee. Licensee shall pay
to the City the full cost .of such repairs within five (5) calendar days of receipt of an
invoice indicating the cost of such required repairs. At the City's option, City may
require Licensee, at Licensee's sole cost and expense, to restore the Area to a condition
acceptable to the City.
In the event Licensee fails to remove its personal property, equipment and fixtures
from the Area within the time limit set by the notice, said property shall be deemed
abandoned and thereupon shall become the sole personal property of the City. The City,
at its sole discretion and without liability, may remove and/or dispose of same as City
sees fit, all at Licensee's sole cost and expense.
20
26. Default by Licensee.
In the event Licensee is in default of the terns of this Agreement the City shall
have all remedies available to it at law or in equity. In the event that Licensee fails to
peacefully surrender the Area at the expiration of the Notice Period provided in
Paragraph 20, "Cancellation By Request Of Either Of The Parties Without Cause," or as
provided in Paragraph 21, "Teiiiiination By City Manager For Cause," after delivery of a
notice of cancellation of the Agreement by the City ("City Notice"), then the City shall,
in addition to all other remedies, be entitled to collect from the Licensee and Licensee
shall pay to the City, a per diem fee of One Thousand and No/100 Dollars ($1,000.00)
for each day that Licensee remains in the Area in violation of this Agreement ("Per diem
.Fee"). Acceptance of the Per diem Fee by the City shall, in no event, constitute a waiver
of the City's rights under this Agreement and shall not prevent the City from pursuing all
other remedies to which the City is entitled, including but not limited to, the right to seek
injunctive relief to eject Licensee from the Area.
27. Severability.
Should any provisions, paragraphs, sentences, words or phrases contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unlawful, such provisions, paragraphs, sentences, words or phrases shall be
deemed modified to the extent necessary in order to conform with such laws, and the
same may be deemed severable by the City, and in such event, the remaining terns and
conditions of this Agreement shall remain umnodified and in full force and effect.
It is the express intent of the parties that this Agreement constitutes a revocable
license and not a lease. To further this intent, the parties agree as follows: (i) if any
provision of this Agreement, or the application thereof to any circumstance, suggest that
a lease, rather than a license, has been created, then such provision shall be interpreted in
the light most favorable to the creation of a license and (ii) if any provision of this
Agreement, or the application thereof to any circumstance, is determined by a court of
competent jurisdiction to have created a lease rather than a license, then such provision
shall be stricken and, to the fullest extent possible, the remaining provisions of this
21
Agreement shall not be affected thereby and shall continue to operate and remain in full
force and effect.
28. No Assignment or Transfer.
The License may not assign or transfer this Agreement or any portion of any
privilege of occupancy and/or use granted by this Agreement.
29. Nondiscrimination.
Licensee shall notdiscriminate as to race, color, religion, sex, national origin, age,
disability or marital status in connection with its occupancy and/or use of the Area and
improvements thereon.
30. Affirmative Action.
Licensee shall have in place an Affirmative Action/Equal Employment
Opportunity Policy and shall institute a plan for its achievement which will require that
action be taken to provide equal opportunity in hiring and promoting for women,
minorities, the disabled and veterans. Such plan will include a set of positive measures
which will be taken to insure nondiscrimination in the work place as it relates to hiring,
firing, training and promotion. In lieu of such a policy/plan, Licensee shall submit a
Statement of Assurance indicating that their operation is in compliance with all relevant
Civil Rights laws and regulations.
31. Waiver Of Jury Trial.
The parties hereby knowingly, irrevocably, voluntarily and intentionally waive any right
either may have to a trial by jury in respect of any action, proceeding or counterclaim
based on this Agreement, or arising out of, under or in connection with this Agreement or
any amendment or modification of this Agreement, or any other agreement executed by
and between the parties in connection with this Agreement, or any course of conduct,
course of dealing, statements (whether verbal or written) or actions of any party hereto.
This waiver of jury trial provision is a material inducement for the City and Licensee
entering into the subject transaction.
22
32. Non -waiver of Violation.
Any failure by the City at any time or from time to time to enforce and require the
strict keeping and performance of any of the tenns or conditions of this Agreement shall
not constitute a waiver of any such terms or conditions at any future time and shall not
prevent the City from insisting on the strict keeping and performance of such terms or
conditions at any later time. No waiver of any right hereunder shall be effective unless in
writing and signed by the City.
33. Amendments And Modifications.
No amendments or modifications to this Agreement shall be binding on
either party unless in writing, signed by both parties and approved by the City Manager.
The City Manager is further authorized to make non -substantive amendments to such
Agreement, as needed, with terms and conditions more particularly set forth in the
Agreement, subject to City Attorney approval.
34. Compliance with All Applicable Laws.
The Licensee accepts this Agreement and hereby acknowledges that Licensee's
strict compliance with all applicable federal, state and local laws, ordinances and
regulations is a condition of this Agreement, and the Licensee shall comply therewith as
the same presently exist and as they may be amended hereafter. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida regardless
of any conflict of law or other rules which would require the application of the laws of
another jurisdiction
35. Captions.
Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
36. Interpretation.
This Agreement is the result of negotiations between the parties and has been
typed/printed by one party for the convenience of both parties. Should the provisions of
23
this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or
arbitral body interpreting or construing the same shall not apply the assumption that the
tenns hereof shall be more strictly construed against one party by reason of the rule of
construction that an instrument is to be construed more strictly against the party which
itself or through its agents prepared same, it being agreed that the agents of both parties
have equally participated in the preparation of this Agreement.
37. Entire Agreement.
This instrument and its attachments constitute the sole and only agreement of the
parties hereto and correctly sets forth the rights, duties and obligations of each to the
other as of its date. Any prior agreements, promises, negotiations or representations not
expressly set forth in this Agreement are of no force or effect.
38. Special Events
The Licensee acknowledges and agrees that from time to time the City may
sponsor, allow, or otherwise facilitate Special, Seasonal, Sports, Entertainment,
Recreational or similar events (collectively "Special Events") to be produced at the Area.
The Licensee agrees to vacate the Area and cease and desist from any activities in the
Area during the course of such Special Event provided the Licensee is given thirty (30)
days prior written notice of the date(s) of the Special Events by the City Manager,
Director, or their designee(s). The Special Events shall not exceed a duration of fourteen
(14) contiguous days. The Use Fee will be abated during the date(s) of such Special
Events but the Use Teen will not be extended by virtue of any Special Event(s).
39. Subordination
This Agreement is subordinate, inferior to, and subject to the terms and conditions
of that certain Amended and Restated Agreement to Enter Into Ground Lease adopted
September 23, 2010, Resolution No. 10-402 by and between the City and Flagstone
Island Gardens, LLC for the Flagstone Island Gardens project (the "Amended and
Restated Agreement to Enter Into Ground Lease") and to Deed No. 194447-F from the
Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to the
24
City (the "Deed"). In the event any term, condition, or provision of this Agreement
conflicts with the Amended and Restated Agreement to Enter into Ground Lease, or the
Deed it shall be voidable and of no force or effect. This Agreement is expressly ranked
below the Amended and Restated Agreement to Enter Into Ground Lease and the Deed
referenced in this Section and if this Agreement, or any interpretation thereof, would
cause a violation of the Amended and Restated Agreement to Enter Into Ground Lease or
the Deed, it will automatically necessitate the cancellation of this Agreement.
40. Agreement with the Internal Improvement Trust Fund of the State of
Florida.
The parties acknowledge and understand that this Agreement will cause the City
to undertake negotiations as to certain items of consideration with the Board of Trustees
of the Internal Improvement Trust Fund of the State of Florida. If the results of those
negotiations are not satisfactory to the City Manager, the Director, or their designee (in
his/her opinion) this Agreement will be cancelled pursuant to Section 20.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of
the day and year first above written.
CITY OF MIAMI,
A FLORIDA MUNICIPAL CORPORATION
ATTEST: BY:
PRISCILLA A. THOMPSON, JOHNNY MARTINEZ, P.E.
CITY CLERK CITY MANAGER
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
BY: BY:
JULIE O. BRU CALVIN ELLIS, DIRECTOR
CITY ATTORNEY RISK MANAGEMENT
25
WITNESSES: BOUYGUES CIVIL WORKS OF
FLORIDA, INC.
By: By:
Signature LOUIS BRAIS
PROJECT DIRECTOR
Print Name
By:
Signature
Print Name CORPORATE SEAL
26
JUNGLE
IMAM
1
f /
s /7
1 "
OC USE
WATERFRONT
AREA:4,5 ACRES
11
r-r
,
IC
oNTIA4 \ r
t. \ ,
\ ' \
PLAN VIEW
OGRE 1,1OP
ERTERFRONT
F£1190119
Cit
nunrn
}...kiJlfl
POWS) OT•
*PICO) IPS
4PC
SUM.
ISNANA
S lA 7E Or FLOS1/0,1
DEPAR MEN 7- OF iTi'ANS°ORE4170,1
OHM,
f111.41.41 Nal[er
Al A
MIAMI—DADE
25115D-3-52-01
FOR Or MI 4111 TUMIEL PRO.ECF
il 75L1V .51 lE 1N5 CIA 77015.
)017312V PO4Y LA YDOAN
SHEET
HO.
EXHIBIT "B"
CONDITIONS OF USE FOR OCCUPANCY
1. Licensee agrees to erect a green colored mesh fencing that is sufficiently
opaque to block view into the use and conforming to the height measurements
required by the City of Miami 21 Zoning Code.
2. Licensee agrees to lay down a layer of curing blanket over the materials
storage area so as to prevent water seepage and contamination into the ground
soil of the Area.
3. Licensee agrees to dig approximately one foot (1') deep pathway from the
access road leading to the materials storage area to be filled with 57 drain
field rock over a layer of filter fabric.
4. Licensee shall conduct a Phase Two Environmental Assessment and soil
analysis of the Area before use and after use to determine if it has left any
contaminants. If contamination is found to be left on the Property, Licensee
shall at its sole cost and expense pay to clean up its contamination.
Additionally, upon request from the City, Licensee shall conduct such soil
analysis tests the City may require from time to time during the period of use
of the Property.
5. Licensee shall cause a structural inspection of the bulkhead to be conducted
by an independent structural engineer before and after the period of its use to
determine if Licensee and/or its subcontractors have damaged the bulkhead.
6. License shall have maintained at all times a mobile water spray down and
agrees to have its contractor hose spray all trucks' tires leaving the use area to
minimize the amount of sand and debris leaving the use area.
7. Licensee shall remove all pipes, fencing, equipment and soil additions and
restore area to the same or better condition than the Area was in before its use,
except that the invasive trees do not have to be replaced.
8. Licensee agrees to restore and repair the bulkhead to its previous or better
condition after the expiration of its use.
9. Licensee's use of the submerged lands for unloading and loading activities
may require environmental clearance from the Department of Environmental
Protection ("DEP") and other state or local agencies and mitigation. Licensee
agrees to pay any environmental mitigation costs arising from the Licensee's
or Licensee's subcontractors' use of the Property.
28
EXHIBIT "C"
LIST OF EQUIPMENT/
MATERIALS TO BE STORED ON PROPERTY
STAGING AREA WATSON ISLAND
EQUIPMENT:
MATERIALS:
_Cranes TBM
40 ton Truck Crane Parts & pieces.
60 ton Truck Crane Goldoffers (vehicles)
Varies size cranes
Loaders Generators Boomtruck
Combo Loaders Manlifts Drill rig
Forklifts Manbaskets Lightplants
Lulls Rollers
Air compressers Compactors
Tractor/trailers Excavators
Stripping buggy Stairtowers
Work platforms Arrowboards
Connex boxes Messageboards
Barrels Cones
Temporary signs K & 1 Rail
Baker tanks Bobcat
Sand Limerock
Stone Asphalt'
Cold patch Rubble
Lighting fixtures Pipe
Lumber Curing blankets
Wood & steel forms
Road plates - - Trench boxes
scaffolding MS-E`panels/coping
Precast structures Concrete blocks
Deadrnen (concrete)
Bearing pads Sheet piling
Overhang brackets
Tunnel frames for conveyors
EXHIBIT "D"
PAYMENT AND PERFORMANCE BOND
30
qxtt),))
Document00416
PERFORMANCEAND PAYMENT BOND
BY TFlis BOND, We as
Principal, hereinafter Called CONTRAC70R, and
, as Surely, are bound to the City of Miami,
Florida, hereinafter called CITY, haretnafier referred to as OBLIGEE", in the amount of
°offers ($ ) for the payment whereof
CONTRACTOR and Surety bind themsetvus, thelr heirs, executors, administrators,
successors and assigns,•joIntlyand severally,
WHEREAS, CONTRACTOR has by written agreement entered into a
Contract, Bid/Contract No.: , awarded the day of
20 , with CITY which Contract Documents are by
reference incorporated herein and made a pars hereof, and specifically include
•provision for liquidated damages, and other damages Identified, and for the .
purposes of this Bond are hereafter referred to as the "Contract":
THE CONDITION OF THIS BOND Is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and crr'Y for construction of
the _ Contract
being made a part of This Bond by 'reference, at the times and in the manner
prescribed in the Contract: and
2, Pays CITY ail losses, liquidated damages, expenses, costs and attorney's
foes Including appellate procaadinge, that CITY sustains as a result of default
by CONTRACTOR under the Contract; and
3, Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR In the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL. BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
3,1, A Claimant, except a laborer, who is not in privity with
CONTRACTOR and who has not reaelved payment for its labor,.
i i{,:r!,' sit=r ' u�► i�s1
Pago O0146.1
Document 00416
materials, or supplies shall, Within forty -live (45) days after beginning
to furnish labor, materials, ot supplies for the prosecution ot the work,
furnish to CONTRACTOR a hotice that he intends to look to the bond
for protection.
3.2. A claimant who Is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within
ninety (90) days after performance of the labor or after complete
delivery of the materials or supplies, deliver to CONTRACTOR and to
• the Surety, written notice of the performance of the labor or delivery
of the materials or supplles and of the nonpayment.
•
3.3. No action for the labor, materiels, or supplles may be instituted
against CONTRACTOR or the Surety unless the notices slatod under
the.preceding conditions (2,1) and (2,2) have been given.
3.4. Any action under this Bond must be instituted in accordance with
the longer of the applicable Notice and Time Limitations provisions
prescribed in Section 255.05(2), or Section 05,11, Florida Statutes,
• -4. Performs the guarantee of all work end materials furnished under the
• Contract for the time specified in the Contract; then THIS BOND 1S VOID,
OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and Is declared by CITY to be, in default
under the Contract, CITY having performed CITY obligations there under, 'the
Surety may promptly remedy -the default, or shall promptly:
4.1. Complete the Project in accordance with the terms and conditions of
the Contract Documents; or
' 4.2. Obtain a -bid or bids for completing the Project in accordance with the
terms and conditions of • the Contract Documents, and upon
determination by Surely of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or
• Contracts of completion arranged under this paragraph) sufficient
funds to pay the cost of completion less tho balance of the Contract
. Price; but nvl exceeding, Including other costs and damages for
which the Surety may be liable hereunder, !ha amount set forth in the
first paragraph hereof. The term "balance of the Contract Price," as
used In this paragraph, shall mean the total amount payable by CITY
IMINEENti
!'Apo U014 -2
boomer -if 00410
.to CONTRACTOR under the ,Contract and any amendments thereto,
less the amount properly paid by CITY to CONTRACTOR.
No right of actloh Shaft accrue on this bond to or for the use of any person or
6orp0ration othcA than CITY named herein,
The Surety hereby waives notice of and agrees that any changes in or under
• the Contract Documents and compliance or noncompliance with any
formalities connected with the Contract or the changes does not affect
Surety's obHgatfon under this Bond.
Signed and sealed this day of : , 20
WITNESSES/AT15ST: CONTRACTOR:
Secretary By:
(CORPORATE SEAL)
(Name of Contractor)
(Signature)
(Pont Name and TRIO
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Address:
Agent and Attorney -In -Fact
(Strad)
(City/Slate/zip We)
Telophona No.;
•
Pap 0010.0
EXHIBIT "E"
INSURANCE REQUIREMENTS
I. Commercial General Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 1,000,000
General Aggregate Limit S 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $ 1,000,000
Endorsements Required
City of Miami included as an additional insured pursuant to
Endorsement CG 2010 11/85 or equivalent version
Premises & Operations Liability
Contingent and Contractual Liability
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
Coverage for Injury to leased workers
II. Business Automobile Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto, Owned Autos, Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident
Endorsements Required
City of Miami included as an Additional Insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
USL&H
31
$ 1,000,000
IV. Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
V. Umbrella Policy (Excess Follow Form)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 3,000,000
Aggregate $ 3,000,000
Excess over CGL, Auto and W/C
B. Endorsements Required
City of Miami included as an additional insured
VI. Payment and Performance Bond
City of Miami listed as Obligee
VII. Protection and Indemnity
VIII. Installation Floater (If Applicable)
$ TBA
$1,000,000
Causes of Loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost
Deductible: $5,000 All other Perils
5% maximum on Wind
A. Limit/Value at Location or Site $ TBA
B. Coverage Extensions: As provided by carrier
IX. Contractor's Pollution $1,000,000
City of Miami listed as an additional insured
The above policies shall provide the City of Miami with written notice of
cancellation or material changes in accordance to policy provisions.
32
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class
V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by
A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or
certificates of insurance are subject to review and verification by Risk Management prior
to insurance approval.
33
EXHIBIT "F"
FDOT ACKNOWLEDGEMENT LETTER
34
RICK SCOT!'
GOVERNOR
Florida Department of Transportation
District Six
1000 NW 1 11i1' Avenue
Miami, EL 33172-5800
Ms. Madeline Valdes, Director
Department of Public Facilities
City of Miami
444 SW 2nd Avenue, 3rd Floor
Miami, FL. 33130
Re:
June 28, 2011
Port of Miami Tunnel and Access Improvement Project
FAP No.: TIFIA-2008-1008A
FIN: 251156-3-52-01
Contract No.: E6F67
FDOT- COM-June-2011-0310
Port of Miami Tunnel Project Design Build Contractor
Dear Ms. Valdes:
OFFICE OF TIIE
SECRETARY
This letter serves as formal confirmation that Bouygues Civil Works of Florida Inc. is working as
the Design -Build contractor under the Miami Access Tunnel (MAT) concession team, providing
construction services for the Port of Miami Tunnel Project located at Watson Island and 1-395.
Please do not hesitate to call me if you have any questions concerning the foregoing.
sa M. Nunez,.P.E.
POMT Construction Program Manager
cc: M. Croft, T. Alvarez, C. McGonagill, P. Harder (N), E. Abbott (PB), P. Donahue (PB),
J. Kemp (PB), V. Ortiz (CTE), D. Anderson (APCTE), R. Wilson (MAT), D. Jones (MAT)
WNW. dot.state.fl,us