HomeMy WebLinkAboutExhibit 1REVOCABLE LICENSE AGREEMENT
ISSUED BY TIIE
CITY OF MIAMI
TO
M & J CONSTRUCTION COMPANY OF PINELLAS COUNTY, INC.
FOR THE OCCUPANCY OF THE PROPERTY LOCATED AT
1 SW SOUTH RIVER DRIVE
)\c/g
MIAMI, FLORIDA, 33128
1
TABLE OF CONTENTS
RECITALS 1
1. Definitions
2. Purpose 3
3. Interest Conferred by this A.m.-eement 3
4. Occupancy and Terre. 4
5. Continuous Duty to Operate. 4
6. Use Fees. 4
7. Late Fee 4
.8. Returned Cheek Fee. 5
9. Security Deposit. 5
10. Adjustment to Use Fee and Security Deposit. 6
11. Services and Utilities. 6
12. Condition of the Property 7
13. Alterations, Additions or Replacements. 8
14. Violations, Liens, and Security Interests. 9
1.5. City Access to Facility 10
16. Indemnification And Hold Harmless 10
17. Insurance. • 11
18. No Liability. 12
19. Risk of Loss. 12
20. . Safety. 13
21. Taxes and Fees 13
22. Cancellation by Request of Either of the Parties Without Cause. 13
23. Termination by City Manager for Cause. 14
24. Notices. 1.4
25. Advertising 15
26. Hazardous Materials. 15
27. Radon Gas. 16
28. Licenses. Authorizations and Permits 17
29. . Compliance with All Applicable Laws 17
30. Ownership of Improvements 17
31. Surrendet of Property 17
32. Severability. 18
33. Invalidity. 19
34. No Assignment or Transfer 19
3�. Public Records. 19,
36. Conflict of Interest. 19
37. Americans with Disability Act _20
38.. Nondiscrimination 20
39. Amendments and Modifications.
40. .Litigation; Venue; Attomey's Fees. 20
4.1.. Waiver -of Jury Trial. 21
i
42. Waiver 21
43. Time of Essence. 21
44. No Interpretation Against Draftsmen 2?
45. Further Acts. ?2
46.. Third Party Beneficiary 22
47. No Partnership. 22
48. Headings. 22
49. Authority. 22
50. Entire Agreement. 23
51. Special Provisions. 23
EXHIBIT A 2 5
PROPERTY LOCATION MAP 25
EXHIBIT B 26
LEGAL DESCRIPTION OF PROPERTY 26
EXHIBIT C i
LNSUR4NCE REQUIREMENTS 27
EX.HI.BIT "D" 29
LIST OF EQUIPMENT/MATERIALS 29
TO BE STORED ON PROPERTY 29
EXHIBIT "E" 30
CONDITIONS OF USE FOR OCCUPANCY 10
ii
REVOCABLE LICENSE AGREEMENT
This Revocable License Agreement ("Agreement") is made this day of
2012 ("Effective Date") between the City of Miami ("City") a municipal
corporation of the State of Florida and M & J Construction Company of Pinellas County, Inc., a
Florida for profit corporation (the "Licensee").
RECITALS
WHEREAS, the City owns a property located at 1 SW South River Drive, Miami,
Florida; and
WHEREAS, the City and Licensee ("Parties") desire and intend to enter into a Revocable
License Agreement ("Agreement"); and
WHEREAS, the City is authorized to enter into this Agreement pursuant to City
Commission Resolution # adopted , 2012; and.
WHEREAS, this Agreement is not assignable; 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 purposes; and
WHEREAS, this Agreement does not convey or transfer any right to exclude the City
from any real property; and
WHEREAS, this Agreement is subject to the audit and inspection rights set forth in §18-
100 to § 18-102, City Code, as it maybe amended; and
:-WHEREAS, this Agreement permits only certain,. enumerated, specific, •.listed permitted
uses, and does not permit anything further.
NOW. THEREFORE, in consideration of the mutual covenants set forth herein, the
parties hereby agree as follows:
,The.foregoing recitals are hereby incorporated and made a part of this Agreement.
1. Definitions.
A. "City Manager" is the City Manager for the City of Miami.
B. "Director" shall mean the Director of the City of Miami's Department of Public
Facilities.
C. "Effective Date" shall mean the date as defined in the opening paragraph of this
Agreement.
D. "Hazardous Material Laws" means all applicable requirements of federal, state
and local enviromnental, public health and safety laws, regulations, orders,
permits, licenses, approvals, ordinances and directives, including but not limited
to, all applicable requirements of: the Clean Air Act; the Clean Water Act; the
Resource Conservation and Recovery Act, as amended by the Hazardous and
Solid Waste Amendments of 1984; the Safe Drinking Water Act; the
Comprehensive Environmental Response,. Compensation and Liability Act, as
amended by the Superfund Amendments and Reauthorization Act of 1986; the
Occupational Health and Safety Act; the Toxic Substances Control Act; the
Pollutant Discharge Prevention and Control Act; the Water Resources Restoration
and Preservation Act; the Florida Air and Water Pollution Control Act; the
Florida Safe Drinking Water Act; and the Florida Enviromnental Reorganization
Act of 1975.
E. "Permitted Uses" shall mean the use of the subject City -owned property primarily
and principally for construction staging, storage of light construction equipment
and materials as defined in Exhibit "D" for the Flagler Street Bridge Project
(Contract Number E6H12 SR 968 over Miami River) and for no other purposes
whatsoever without the prior written consent of the City Manager which may be
withheld or conditioned at the discretion of the Manager. No fill, soil or dredged
materials may be placed or stored on the Property.
F _ "Property7,shall mean the city -owned real property and improvements containing
approximately 7,436 square feet at 1 SW South River Drive, Miami, Florida, as
More -..'particularly described in Exhibit "A": attached hereto .and -made a• part
hereof.
2. Purpose.
The City is the owner of the Property. The City has expressed its. desire to assist the
Licensee in accomplishing its purpose to facilitate construction staging for the Flagler Street
Bridge Project and to occupy and use the Property for the Permitted Use, under the conditions
set forth in this Agreement and its Exhibits. . The use of the Property is strictly limited to the
Permitted Uses and is not to be used for any other purpose whatsoever. Any use of the Property
not authorized under the Permitted Uses must receive the prior written consent of the City
Manager, or his/her authorized designee, which consent may be withheld, denied, or conditioned
for any or no reason, including, but not limited to additional financial consideration.
3. Interest Conferred by this Agreement.
This Agreement confers no exclusive possession or tenancy of the Property. The
Licensee cannot exclude the City from the Property.
This Agreement solely authorizes Licensee to the temporary use of the Property for the
limited purposes set forth herein and for no other purpose. The parties hereby agree that the
provisions of this Agreement do not constitute a lease and further do not create a
Landlord/Tenant relationship.. 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 on the Property and to
use the Property, subject to the tenns.of this Agreement. The City retains dominion, possession
and control of the Property. Therefore, no lease interest or leasehold estate in the Property is
conferred upon Licensee under the provisions hereof. Licensee does not and shall not claim at
any time any interest or estate of any kind or•extent whatsoever in the Property by virtue of this
Agreement or its use of the Property hereunder. Additionally, Licensee does not and shall not
claim at any time any interest or estate of any kind or extent whatsoever in the Property by virtue
of any expenditure of funds by the Licensee for improvements, construction, repairs, partitions,
or alterations to the Property which may be authorized byYthe Crty
4. Occupancy and Term.
This Agreement is revocable -at -will by the City acting by its City Manager. Unless this
Agreement is revoked or terminated as provided in this Agreement, this Agreement shall
commence upon the Effective Date and shall expire automatically twelve (12) months after the
Effective Date ("Initial Term"). The City Manager is hereby authorized to exercise any month -
to -month extensions of this Agreement, which may granted be at his/her sole discretion and may
be subject to additional consideration. Any extensions hereof shall be subject to the same terms
and conditions of this Agreement, except as provided in Paragraphs 6 and 10 below, and must be
confirmed by a written instrument signed by the parties.
5. Continuous Duty to Operate.
Except where the Property is rendered unusable by reason of fire or other casualty,
Licensee shall at all times during this Agreement, occupy the Property upon the Effective Date
and shall thereafter continuously conduct operations in the Property in accordance with the terns
of this Agreement.
6. Use Fees.
A. Monthly Use Fee
Commencing on the Effective Date of this Agreement, and on the first day of each month
thereafter during the tenn of the Agreement, Licensee shall pay to the City a monthly Use Fee of
Two Thousand Four Hundred Seventy Nine Dollars and 0/100 (S2,479.00), or $4.00 per square
foot, plus State of Florida Sales and Use Tax, if applicable, for the License to use the City's
Property. If Licensee elects to renew the License beginning on the first renewal option period,
the City Manager has the right to increase the monthly Use Fee based at a rate of ten percent
. (10%)_.each renewal year, as more specifically stated in Paragraph 10 herein.
7. Late Fee.
in -the event anyinstallment of the monthly Use Fee .is not received .by:Cityon-or before
the tenth (106)-day, 'of the month, Licensee shall pay to City a late chiarge in ari"amount equal to-
one percent (1 %) of the respective Use Fee. Such late fee shall constitute additional fees due and
4
payable to City by Licensee upon the date of payment of the delinquent payment referenced
above. Acceptance of such late charge by City shall, in no event, constitute a waiver of
Licensee's violations with respect to such overdue amount nor prevent City from the pursuit of
any remedy to which City may otherwise be entitled.
8. Returned Check Fee.
In the event any check is returned to the City as uncollectible, the Licensee shall pay to
City a returned check fee (the "Returned Check Fee") based on the following schedule;
Returned Amount Returned Check Fee
S00.01 - 50.00 S20.00
S50.01 - 300.00 $30.00
S300.01 - 800.00 S40.00
OVER $800 5% of the returned amount.
The Returned Check Fee shall constitute additional fees due and payable, to City by
Licensee, upon the date of payment of the delinquent payment referenced above. Acceptance of
Returned Check Fee by City shall, in no event, constitute a waiver of Licensee's violations with
respect to such overdue amount nor prevent City from the pursuit of any remedy to which City
may otherwise be entitled.
9. Security Deposit.
Licensee shall provide a Security Deposit in the amount of Four Thousand, Nine Hundred and
Fifty -Eight Dollars and 00/100 ($4,958.00), which is equal to two months monthly Use Fee
("Security Deposit"). If Licensee is in violation beyond any applicable notice or cure period,
the City may use, apply or retain all or any part of the Security Deposit for the payment of (i)
any fee or other sum of money which Licensee was obligated. to pay;but did not pay,
sum -expended by City on :Licensee's behalf in _accordance with the provisions of this
,Agreeinent; or (iii-)' any 'urn 'which City may expend or be required to expend as a result of
--Licensees violation: :Should -the City use, apply or retain all or any part of the Security Deposit,
:Licensee shall- reimburse:the-:amount used, applied or retained within fifteen (15) days of the
5
City's application of the Security. The use, application or retention of the Security Deposit 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 be entitled otherwise.
Provided Licensee is not in violation of this Agreement, the Security Deposit or balance
thereof, as the case may be, shall be returned to Licensee after the expiration date or upon any
later date after which Licensee has vacated the Property in the same condition or better as existed
on the Effective Date, ordinary wear and tear excepted. Upon the return of the Security Deposit
(or balance thereof) to the Licensee, the City shall be completely relieved of liability with respect
to the Security Deposit. Licensee shall not be entitled to receive any interest on the Security
Deposit.
10. Adjustment to Use Fee and Security Deposit.
If Licensee elects to renew the License after the Initial Tenn, the City has the right to
increase the monthly Use Fee and Security Deposit based at a rate of ten percent (10%) for each
renewal tern. Nothing in this paragraph shall be construed to grant Licensee the right to use the
Property for a teen greater than that defined in Paragraph 4 herein.
11. Services and Utilities.
A. Licensee's Responsibilities.
Licensee, at its sole cost and expense, shall pay for all utilities which may include, but is
not limited to, electricity, water, store water fees, gas, telephone, television, cable,
telecommunications, intereet, garbage and sewage disposal used by Licensee during its
occupancy of the Property, as well as all costs for installation of any lines and equipment
necessary, except those utilities specifically set forth in Subparagraph 1.1B.below-to.beprovided:
• by City, if applicable..Licensee,. at its sole cost, shall install, as applicable, all utilities required
_for:its use; and : arrange for direct utility billing from all applicable utility companies for such
services.
The -City ;is: -not a guarantor or in -any manner responsible: for. -payment of Licensee's
responsibilities as they are set forth in this Agreement.
6
Licensee, at its sole cost and expense, shall provide cleaning and janitorial services and
hire pest and tennite..control services for the Property, as, needed, to insure that the Property will
at all times be in a clean.and sanitary condition and.free from vermin.
Licensee agrees to provide any and all security it deems necessary to protect its
operations and equipment. Licensee shall insure that all appropriate equipment and lights have
been turned off and appropriate doors locked at the close of operations within the Property each
day. Licensee shall be responsible to take prudent preventive maintenance measures to safeguard
the Property from stonns and other "Acts of God" as that teen is defined by Florida law.
B. City's Responsibilities.
The City reserves the right to interrupt, curtail or suspend the provision of any utility
service provided by it, including but not limited to, heating, ventilating and air conditioning
systems and equipment serving the Property, to which Licensee may be entitled hereunder, when
necessary by reason of accident or emergency, or for repairs, alterations or improvements in the
judgment of City desirable or necessary to be made or due to difficulty in obtaining supplies or
labor or for any other cause beyond the reasonable control of the City. The work of such repairs,
alterations or improvements shall be prosecuted with reasonable diligence. The City shall in no
respect be liable for any failure of the utility companies or governmental authorities to supply
utility service to Licensee or for any limitation of supply resulting from governmental orders or
directives. Licensee shall not claim any damages by reason of the City's or other individual's
interruption, curtailment or suspension of a utility service, nor shall the Revocable License or
any of Licensee's obligations hereunder be affected or reduced thereby.
12. Condition of the Property.
.Licensee accepts the Property "as is", in its present condition state of repair, and . ,.
without:any representation or affirmation by or on. behal"f of City, aiid agrees "that -City S ally"
T.:under no: circumstances; be_ liable .for any latent, patent or other defects in -the ---Property. •
Licensee, at its sole -cost, •shall maintain the Property 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:.
7
Licensee shall be responsible for all repairs to the Property required or caused by Licensee's use
of part thereof.
Licensee agrees to make all changes necessary to the Property at Licensee's sole cost and
expense in order to comply with all City, County and State code or similar statutory requirements
for Licensee's occupancy thereof.
13. Alterations, Additions, or Replacements.
Except in the event of an emergency, Licensee shall not make any repair without first
receiving the written approval of the City Manager, or his/her authorized designee, which
approval may be conditioned, denied, or withheld for any or no reason whatsoever, including a
condition to pay additional fees if such alteration will affect the cost of services being provided
by the City. If the City Manager or his/her designee 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 or his/her designee.
The Licensee shall be solely responsible for applying and acquiring all necessary permits,
including but not limited to, building permits. The Licensee shall be responsible for any and all
costs associated with any alterations including, but not limited to, design, construction,
installation and permitting costs. All alterations to the Property, whether or not by or at the
expense of the Licensee, shall, unless otherwise provided by written agreement of the parties
hereto, immediately upon their completion become the property of the City and shall remain and
be surrendered with the Property. In the event of an emergency, Licensee may reasonably
proceed to perform such repair work and shall immediately notify City of such work.
All alterations must be in compliance with all statutes, laws, codes, ordinances and
regulations of the State of Florida, Miami -Dade County, City of Miami and any other agency
that may have jurisdiction over the Property as they presently exist and as they may be amended
hereafter. •
In the event of_an emergency,- Licensee shall reasonably proceed -to perform such repair •
work -and shall _immediately notify the City Manager or his/her designee of such work.
8
14. Violations, Liens, and Security Interests.
The Licensee shall not suffer or pen -nit any statutory, laborers, material person, or
construction liens to be filed against the title to the Property, nor against any Alteration by reason
of work, labor, services, or materials supplied to the Licensee or anyone having a right to
possession of the Property. Nothing in this Agreement shall be construed as constituting the
consent or request of the City, expressed or implied, by inference or otherwise, to any contractor,
subcontractor, laborer or material person for the performance of any labor or the furnishing of
any materials for any specific Alteration, or repair of or to the Property nor as giving the
Licensee the right, power or authority to contract for or permit the rendering of any services or
the furnishing of any materials that would give rise to the filing of any construction liens against
the Property. If any construction lien shall at any time be filed against the Property, the Licensee
shall cause it to be discharged of record within fifteen (15) days after the date the Licensee
acquires knowledge of its filing. If the Licensee shall fail to discharge a construction lien within
that period, then in addition to any other right or remedy available to the City, the City may, but
shall not be obligated to, discharge the lien either by paying the amount claimed to be due or by
procuring the discharge of the lien by deposit in court of bonding or other acceptable form of
security in lieu thereof. Additionally, the City may compel the prosecution of an action for the
foreclosure of the construction lien by the lienor and pay the amount of the judgment, if any, in
favor of the lienor (with interest, costs and allowances), with the understanding that all amounts
paid by the City shall constitute additional payments due and payable under this Agreement and
shall be repaid to the City by the Licensee immediately upon rendition of any invoice or bill by
the City. The Licensee shall not be required to pay or discharge any statutory, laborers, supplies,
material persons or construction lien so long as (i) the Licensee shall in good faith proceed to
contest the lien by appropriate proceedings, (ii) the Licensee shall have given notice in writing to
the City of its intention to contest the validity of the lien, and (iii) the Licensee shall furnish. and
keep in effect -a surety bond of a responsible and substantial. surety company . reasonably,
• acceptable to the City orother security reasonably satisfactory to the City in an amount sufficient
'to pay one -hundred fen -percent (110%) of the amount of The contested lien• claim with all interest
•:on it and_ costs and expenses, including reasonable attorneys' fees, to be incurred in connection
'therewith: Licensee further agrees to hold City harmless from, and to indemnify, the :City against;
:-_:any. and all .claims, demands .and expenses, including reasonable attorney's fees, by reason of any
claims of any contractor, subcontractor, material person, laborer or any other third person with
whom Licensee has contracted or otherwise is found liable for, in respect to the Property.
15. City Access to Facility.
Licensee, at its sole cost and expense, may duplicate or change key locks to the Property
but not until first receiving written approval from the Director for such work. In the event
Licensee changes key locks as approved by the Director, Licensee, at its sole cost and expense,
must also provide to City a copy or copies of said keys, if more than one copy is required.
The City shall have access to and entry into the Property, at any time to (a) inspect the
Property, (b) to perform any obligations of Licensee hereunder which Licensee has failed to
perform after written notice thereof to Licensee, Licensee not having cured such matter within
ten (10) days of such notice, (c) to assure Licensee's compliance with the terns and provisions of
this Agreement and all applicable laws, ordinances, codes, rules and regulations, (d) to show the
Property, inclusive of the Property, 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/municipal purposes, provided, however, that the City shall make a diligent effort to
provide at least 24-hours advance written 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, its
officials, employees and agents shall not be liable for any loss, cost or damage to the Licensee by
reason of the exercise by the City 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 City any liability of any kind whatsoever nor relieve the Licensee of any responsibility,
obligations or liability assumed under this Agreement. -
16. Indemnification and Hold Harmless.
Licensee shall indemnify; defend, save and hold harmless- the City and its officials,
employees and agents._ (collectively referred to as "Inderrriitees" ).;arid= -each of'stheii from:::' -and
against all loss; costs, penalties, fines, .damages, claims, expenses (including attorney's fees) or
liabilities (collectively, referred • to as "Liabilities") by reason of any injury to or death of any
person- or -damage to:or. or. destruction or loss of any property arising out of, resulting from,
or
p dmor in
10
connection with (i) the performance or non-performance by the Licensee of the services,
occupancy or use contemplated by this Ag eeinent which is or is alleged to be directly or
indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active
or passive) of Licensee or its employees, agents or subcontractors (collectively refen-ed to as
"Licensee"), regardless of whether it is, or is alleged to be, caused in whole or part (whether
joint, concurrent or contributing) by any act, unintentional omission or default or the negligence
(whether active or passive) of the Indernnitees, or any of them; (ii) the failure of the Licensee to
comply with any of the paragraphs herein or the failure of the Licensee to conform to statutes,
.ordinances, codes; rules, or. other regulations_ or. requirements of any governmental authority,
federal, local, or state, in connection with the performance or breach of this Agreement.
Licensee expressly agrees to indemnify and hold hannless the Indemnitees, or any of them, from
and against all liabilities which may be asserted by an employee or former employee of Licensee,
or any of its subcontractors, as provided above, for which the Licensee's liability to such
employee or former employee would otherwise be limited to payments under Workers'
Compensation or similar laws. Licensee further acknowledges that, as lawful consideration for
being granted the right to utilize and occupy the Property, 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 Property unless said legal liability is found to be caused, in whole or
in part, to an intentional act of an Indemnitee. This Section shall survive the cancellation or
expiration, as applicable, of this Agreement. This section shall be interpreted to comply with any
provision of §725.06, Fla. Stat. detennined to be applicable by a court of competent jurisdiction.
17. Insurance.
Licensee, at its sole cost, shall obtain and maintain in full force and effect at all times
throughout the period of this Agreement, the insurance as set_ forthin Exhibit "C attached hereto
and made a part hereof.
11
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 Property 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 Property, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers,
wires, appliances, plumbing, air conditioning or lighting fixtures of the Property, or from
hurricane or any act of God or any act of negligence of any user of the facilities or occupants of
the Property or any person whomsoever whether such damage or injury results from conditions
arising upon the Property or upon other portions of the Property 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 Property, 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 property damage resulting from Licensee's use of the
Property.
19. Risk of Loss.
Licensee understands and agrees that the City shall not be liable for any loss, injury or •
damage to any personal property or equipment brought unto the Property by the Licensee or by
anyone whomsoever, during the time that the Property is under the control of or occupancy by
the Licensee. All personal property placed or moved in the Property shall be at the risk of
__. Licensee or the owner thereof. Licensee further agrees,'fliat-:it..sliall-.bel:responsible .to._i rovide
c . L::.:.securitywhenever.personal property either owned or used`;by.the.Licensee;.: its'.eniPloyees,=agents ..-.,: •:
!:or subcontractors is -placed 7 in the Property, including any property or equipment necessary -for
set-up -and -dismantle,. whether or not the Property is open to the general public.
12
20. Safety.
Licensee will allow City inspectors, agents or representatives the ability to monitor its
compliance with safety precautions as required by federal, state or local laws, rules, regulations
and ordinances. By performing these inspections the City, its agents, or representatives are not
assuming any liability by virtue of these laws, rules, regulations and ordinances. Licensee shall
have no recourse against the City, its agents, or representatives from the occurrence, non-
occurrence or result of such inspection(s). Upon issuance of a notice to proceed, the Licensee
shall contact the Risk Management Department at (305) 416-1800 to schedule the inspection(s).
21. Taxes and Fees.
Licensee shall pay before any fine, penalty, interest or costs is added for nonpayment,
any and all charges, fees, taxes, impositions or assessments levied against the Property
(collectively Assessments), and/or against personal property of any kind, owned by or placed in,
upon or about the Property by Licensee, including, but not limited to, ad valorem taxes, fire fees
and parking surcharges. In the event Licensee appeals an Assessment, Licensee shall
immediately notify the City Manager of its intention to appeal said Assessment and shall furnish
and keep in effect a surety bond of a responsible and substantial surety company reasonably
acceptable to the City Manager, or his designee, or other security reasonably satisfactory to the
City Manager, or his designee, in an amount sufficient to pay one hundred percent (100%) of the
contested Assessment with all interest on it and costs and expenses, including reasonable
attorneys' fees, to be incurred in connection with it.
22. Cancellation by Request of Either of the Parties Without Cause.
Either party may cancel this Agreement at any time, without cause, for convenience, by
giving thirty (30) days written notice to the non -canceling party prior to the effective date of the
cancellation. The parties shall have no recourse against_ the other -for a cancellation under this`"
Section'o:ther than _the:Licells ee must pay the Use Fees dueoil"Of- befoietlie cancellation date -and
:perform any: other: contractual; . commitments made in this Agreement such- as restoration of the
property on or before the cancellation date.
13
23. Termination by City Manager for Cause.
If, at the sole and complete discretion of the City Manager, Licensee in any mariner
violates the restrictions, terms -and conditions of this Agreement, then, and in the event, after ten
(10) 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 cancelled without
the need for further action by the City. Upon such automatic cancellation, Licensee shall abide
by the terms of Paragraph 31 herein.
24. 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
City of Miami
Office of the City Manager
444 SW 2 Avenue, 10t1i Floor
Miami, FL 33130
WITH COPIES TO
Director
City of Miami
Department of Public Facilities
444 SW 2 Avenue, Suite.325
Miami, FL 33130
LICENSEE
Mr. Nick Kokkinos, President
M & J Construction Company
of Pinellas County, Inc.
P.O. Box 698
809 Safford Avenue
Tarpon Springs, FL. 34688-0698
14
City Attorney
City of Miami
444 SW 2nd Avenue, Suite 945
Miami, FL 33130.
25. Advertising.
• Licensee shall not permit any signs or advertising matter except as required by law, to be
placed either in the interior or upon the exterior of the Property without having first obtained the
approval of the Director or his 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 permitted 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
Miami -Dade County and City of Miami Sign Codes, Zoning Codes and Zoning Ordinances.
Upon the cancellation of this Agreement, Licensee shall, at its sole cost and expense, remove any
sign, decoration, advertising matter or other thing permitted hereunder from the Property. If any
part of the Property 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 Property within ten (10) days after receipt of written notice from City directing the
required repairs, City shall cause the Property 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 o.r
.place upon the Property an appropriate sign, plaque or historic marker indicating City's having
issued this Agreement.
26. Hazardous Materials.
The-Licensee_Shai"1; •at its sole. cost and expenseZaCalt tines and, in all respects comply
with -all -federal; state andlocal laws, statutes, ordinances and regulations, rules. rulings, policies,
orders and 'administrative actions and orders relating -to hazardous materials ("Hazardous
Materials." Laws"'), including, without limitation, any Hazardous Materials Laws relating to
15
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" (collectively "Hazardous Materials"),
under any such laws, ordinances or regulations. 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 Property or required for the Licensee's use of any Hazardous
Materials in or about the Property in confounity with all applicable Hazardous Materials Laws
and prudent industry practices regarding management of such Hazardous Materials. Upon
cancellation or revocation of this Permit, the Licensee shall, at its sole cost and expense, cause
all Hazardous Materials, including their storage devices, placed in or about the Property by the
Licensee or at the Licensee's direction, to be removed from the Property and transported for use,
storage or disposal in accordance and compliance with all applicable Hazardous Materials Laws.
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 Paragraph of the License
shall survive the cancellation or revocation of this License.
The City represents that:
To - the best of its knowledge there are no environmental violations, whether under
federal, state, or local laws, existing on the Property;
To the best of its knowledge there are no Hazardous Materials presently existing on the
Property.
27. Radon Gas.
Radon is. a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities, may present -health risks to persons who are exposed to- it over ..time... .
Levels- of -radon that _exceed federal -and state guidelines haVe'beeti fouiid `in builduigs i i Florida:
Additional ,,information regarding ,radon and radon testing may be obtained from your county
::, :public health -unit. - -Licensee -may,' have an appropriately licensed person test the Property for
16
radon. If the radon level exceeds acceptable EPA standards, the City may choose to reduce the
radon level to an acceptable. EPA level, failing which either party may cancel this License.
28. Licenses, Authorizations and Permits.
Licensee shall obtain, or cause to be obtained, and maintain in full force and effect
throughout the tern of this Agreement, at its sole expense, all licenses, authorizations and
permits, including, without limitation, a City Occupational License, that are necessary for
Licensee to conduct its commercial activities.
Licensee shall be responsible for paying the cost of said applications and obtaining said
licenses, authorizations and peiniits.
29. Compliance with All Applicable Laws.
Licensee accepts this Agreement and hereby acknowledges that Licensee's strict
compliance with all applicable federal, state and local laws, codes, ordinances and regulations is
a condition of this Agreement, and Licensee shall comply therewith as the same presently exist
and as they may be amended hereafter. This Agreement shall be construed and enforced
according to the laws of the State of Florida.
30. Ownership of Improvements.
As of the Effective Date and throughout the use period, all buildings and improvements
thereon shall be vested in City. Furthermore, title to all Alterations made in or to the Property,
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 Property.
31. Surrender of Property.
In : either- event of Cancellation pursuant to Paragraph` 22"or"Paragraph 23 -or
expiration. of.:the :time limited • by the notice, Licensee shall peacefully surrender the Property
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 Property.
17
Upon surrender, Licensee shall promptly remove all its personal property, trade fixtures and
equipment and Licensee shall -repair any damage to the .Property caused thereby. Should
Licensee fail to repair any damage caused to the Property within ten (10) days after receipt of
written notice from City directing the required repairs, City shall cause the Property to be
repaired at the sole cost and expense of Licensee. Licensee shall pay City the full cost of such
repairs within ten (10) days of receipt of an invoice indicating the cost of such required repairs.
At City's option, City may require Licensee to restore the Property so that the Property shall be
as it was on the Effective Date.
In the event Licensee fails to remove its personal property, equipment and fixtures from
the Property 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.
32. Severability.
It is the express intent of the parties that this Agreement constitutes a 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 Agreement shall not be affected thereby and shall continue to
operate and remain in full force and effect.
With regard to those provisions which do not affect the parties intent for this Agreement,
should any provision,. section, paragraph, sentence, word of phiase..conitained in this.Agreement_„ ..
be . determined . by a._.:court of . competent jurisdiction to be - invalids illegal or otherwise
unenforceable under the laws of the State of Florida 'or the City of Miami, such
section,.paragraph; sentence,_word:or-phrase shall be deemed modified to the extent necessary in
•:order to -conform with -such laws; -or if not modifiable, then same shall be deemed severable, and
18
in either event, the remaining terms and provisions of this Agreement shall remain uiunodified
and in full force and effector lulutation.of its.use.. •
33. Invalidity.
In the event that any non -material provision of this Agreement shall be held to be invalid
for any reason, such invalidity shall not affect the remaining portions of this Agreement and the
same shall remain in full force and effect.
34. No Assignment or Transfer.
Licensee cannot assign or transfer its privilege of occupancy. and use granted unto it by
this Agreement. Any assignment, sale or disposition of this Agreement or any interest therein by
Licensee shall result in the automatic termination of this Agreement without notice by the City
Manager.
35. Public Records.
Licensee understands that the public shall have access, at all reasonable times, to City
contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access
by the City and the public to all documents subject to disclosure under applicable law.
36. Conflict of Interest.
Licensee is aware of the conflict of interest laws of the City of Miami (Miami City Code
Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-1 l.1 et. seq.) and of
. the State of Florida as set forth in the Florida Statutes, as amended, and agrees that it will fully
comply in all respects with the
terins of said laws and any future amendments thereto. Licensee
. covenants that no ._person or'.; entity under its employ, ..presently exercising . any.:.:functions..or. .
responsibilities in connection with this Agreement, has any.personal financial'interests; direct or
•indirect, with the City. Licensee further covenants that, in the performance of this•Agreement,
no: person or entity having such_ conflicting interest shall be utilized in respect to services
!provided ,hereunder.,: —Any such conflict of interest(s) on the part • of Licensee, its employees or
n,—.,associated persons, or entities must be disclosed in writing to'the City.
19
37. Americans with Disability Act.
Licensee shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the
City including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability)
and all applicable regulations, guidelines and standards. Additionally, . Licensee shall take
affirmative steps to ensure nondiscrimination in employment of disabled persons.
38. Nondiscrimination.
In the performance of this Agreement or any extension thereof, Licensee and/or its
authorized agents shall not discriminate in connection with its occupancy and use of the Property
and improvements thereon, or against any employee or applicant for employment because of sex,
age, race, color, religion, ancestry or national origin. Licensee and/or its authorized agents will
take affirmative action to insure that minority applicants are employed and that employees are
fairly treated during employment without regard to their sex, age, race, color, religion, ancestry,
marital status, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation.
39. Amendments and Modifications.
No amendments or modifications to this Agreement • shall be binding on either party
unless in writing, approved as to fore and correctness by the City Attorney, and signed by both
parties. The City Manager is authorized to make non -substantive amendments' or modifications
to this Agreement as needed.
40. Litigation; Venue; Attorney's Fees.
Anydispute°or civil action herein shall be resolved in the courts of Miami -Dade. County,
Florida. :.The parties:shall first -attempt .to mediate any dispute without litigation. In mediating
-any-such dispute .the• standards -and procedures of set forth in Chapter 44, Florida Statutes,
Mediation Alternatives • to Judicial Action", as amended, will apply: -However, this is not
20
intended to establish mediation as a condition precedent before pursuing an appropriate civil
action such as specific performance, equitable or injunctive relief. Each party shall bear its own
attorney's fees in any civil action, mediation, or other proceeding.
41. Waiver of Jury Trial.
The parties hereby knowingly, irrevocable, 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.
42. Waiver.
Any waiver by either party or any breach by either party of any one or more of the
covenants, conditions or provisions of this Agreement shall not be construed to be a waiver of
any subsequent or other breach of the same or any covenant, condition or provision of this
Agreement, nor shall any failure on the part of the City to require or exact full and complete
compliance by .Licensee with any of the covenants, conditions or provisions of this Agreement
be construed as in any manner changing the teens hereof to prevent the City from enforcing in
full the provisions hereto, nor shall the terms of this Agreement be changed or altered in any
manner whatsoever other than by written agreement of the City and Licensee.
43. Time of Essence.
It is _expressly agreedby.the parties hereto that time is of the essence with respect to this
,Agreement.. ,If the final day of any period falls on a weekend or legal holiday; then. the final day
. , of said period br the date. of perfonnance shall be extended to the next business day thereafter.
21
44. No Interpretation Against Draftsmen.
The parties agree that no provision of this Agreement shall be construed against any
particular party and each party shall be deemed to have drafted this Agreement.
45. Further Acts.
In addition to the acts and deeds recited herein and contemplated to be performed,
executed and/or delivered by the parties, the parties each agree to perform, execute and/or deliver
or cause to be performed, executed and/or delivered any and all such further acts, deeds and
assurances as may be necessary to consummate the transactions contemplated hereby.
46. Third Party Beneficiary.
This Agreement is solely for the benefit of the parties hereto and no third party shall be
entitled to claim or enforce' any rights hereunder.
47. No Partnership.
Nothing contained herein shall make, or be construed to make any party a principal,
agent, partner or joint venture of the other.
48. Headings.
Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
49. Authority.
Each of.the_parties hereto acknowledges it is duly authorized to enter into this Agreement
and that the signatories below are dulyauthorized to execute this Agreement in.their:respective
behalf.
22
50. Entire Agreement.
This instrument and its attachments constitute the sole and only agreement of the parties
hereto and correctly set 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.
51. Special Provisions.
a. This Agreement is the result of negotiations between the parties and has been typed or
printed by one party for the convenience of both parties, and the parties covenant that this
Agreement shall not be construed in favor of or against either of the parties.
b. Licensee shall list all equipment and materials to be stored on the Property in Exhibit "D"
attached hereto and incorporated herein.
c. Licensee shall comply with the Conditions of Use for Occupancy described in Exhibit
"E" attached hereto and incorporated herein.
d. Licensee shall demolish the illegal dock located on the riverfront portion of the Property
at its own cost and expense in consideration for the use of the Property.
23
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST: CITY OF MIAMI, a municipal corporation
of the State of Florida
By: By:
Priscilla A. Thompson,C.M.C.
Johnny Martinez, P.
City Clerk City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
By: By:
Calvin Ellis, Director
Department of Risk Management
WITNESS:
Julie O. Bru
City Attorney
M & J CONSTRUCTION COMPANY
OF PINELLAS COUNTY, INC., A
FLORIDA CORPORATION
By: By:
By:
Signature Signature
Print Name Print Name Nick Kokkinos
President
Signature
Print Name
Date
24
4_ I
t
EXHIBIT A
PROPERTY LOCATION MAP
�. Yr�'$i�'nn ;:.� t`.§t;r�.me..� ...: +•. ..vt, a .-.6`Z't, .. � �`':.�Err-.a,.t:r. r�:��. i, .fie
N.W • l st STREET
\
1
•
\1\1 \.
1 , `
\\, •
\
1••\ \\
\
3
1 �'\ 'fir, yC
3 \•\ i
t \, '
KNO L lCN S \/ P.F \'%v' `ST r rF�
1 FLAT GTY OF MIA.1,1.caf" �_yr '
\
�\ \,
AS
\'EnSratL•• it�,i7-CF-WAY UPC
I • �� ( .2. G Pu. 41% 1\ �.. � r —r. AS A_'E PLAT =1: G, PG, 1 — _
^— SHOCK 10 5 '�'
r.-� - -r.
jr'y \'`
WEST FL:4GLER STREET
FT:12 PLAT EM!C 13, PG. Al
11
it
L__
1
--1 — --
3 i \\\ `\\ v.; \SOT SUeDI VIDFD \\
aLCjCK 11 S \ \ �.'\ •f,� \ �C5 \
t 14
. 1 tr•\ �� \
"f..L, h:h'=??\'=• --\ �\ r t\%, �, ,,1 \\
PLAT ',CITY tG- Ni A 4I . \ '\ ' 7,-
•
1 %\ ti \
r c
1
I
1
Y
r
•
\
, \ \t '
\ \ 1
\1
\
\\ •
25
EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY
Tn❑t parcel of land bounded on the North and the South by the right—of—wcy lines of West Flooler Street, on the Eost
by the irliorn River and on the west by South River Drive,. lying and being in City of Miami, Miami —Dolt County, Florida,
more particularly described by metes and bounds as follows:
Car„msnce of c monument which is ?ire intersection cf the monument lines of N.W. 1st Street and N.W. South River Drive
as shown on the Municipal City of Miami Ades Sheet Number 35Z or the Public Records of City of Miami: thence
535'55'44'E, along sold monument lire of N.W. South River Drive, a d'.stonce of 396.30 feet to intersect with the Easterly
projection of the South line of Block 10 South of "A.L. KNOWLTON'S FLAT CfTY OF MI.Ai,4 according to the Piet Book :,
at Prone 41, of the Public Records of Ir,iomi—Dods County, ?loridc also being the North right—of—way line of West Flogler
Street as shown on said Niuniclpol City cf Miami Atlas Sheet Number 35E end Right—of—way mop of West nosier Bridge
recorded in Plat Book E3, Page 44 c' the Public records of Miomi—Dude County, Rlaridc; thence NE7'45'57 E, clone. the
aforesaid Scsterly projection, a distance of 35.Oe feet to Ir,:ersect with the Easterly right—of—way line of N,W. South River
Drive _ccordina to said Plot Book ; at Pone 41; thence NE7'47'i4"5clone. the North right—of—wcy line of West Flog4er
Street, a distance of 41.55 feet to the Paint of Beginning; thence continue N57'47.14'E, piping said North right—of—way
line, o dietonat of 112.18 feet to c point on the bulkhead of the Miami River, the following three courses run along_ said
bulkhead line; thence S15'49'15"7, c distance of 14.75 feet: thence NES*05'42"E, c disance cf 1E13 feet; thence
S0218'19 c distance of 55.1E feet to intersect wIth the South right—of—wcy line of West Flooier Street as shown on
the aforesaid Municipal City of Miami Atlas Sheet Number 35E also being on the aforesaid Plot Book 83, Pee 44;
;hence S87.47'i4"W, along sold South right—of—wcy fine, o distance of e4.80 feet to intersect with ❑ circular curve •
concave to the Zest, hcvino o rcdics of 15:00 feet, which radial point bears S7:'.;5'05 thence Southerly, alone soil
circular curve, on arc distance of 10.c1 feet through o central angle of 41'4i'0to a point of cusp on the Easterly
right—of—wcy line of S.W. South River Drive cs per cforesoid Pict :cot ° Pose 41; thence N30'i5'14"W, alon_ said
_c.,rerly right—of—wcy line Cis -tenet pf 1=.00 feet too point of curvature of o circular curve concave ta the Southwest,
having c radius 525.OD 'get; 'thence Northwesterly. along gold circular curve on ore distonce of 53.17 feet through a
cenircl angle of 9"0435" to the Foirt of 8eginning
Containing 7,436 Square Feet or 0_17 acres; more or lees, by ceicuietlon,
26
EXHIBIT C
INSURANCE REQUIREMENTS
FOR REVOCABLE LICENSE AGREEMENT FOR
1 S.W. SOUTH RIVER DRIVE, MIAMI, FL.
I. Commercial General Liability (Primary & Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence
General Aggregate Limit
Products/Completed Operations
Personal and Advertising Injury
Endorsements Required
City of Miami included as an Additional Insured
Contingent and Contractual Liability
Primary Insurance Clause
Premises and Operations Liability
II. Business Automobile Liability
$1,000,000
$2,000,000
$1,000,000
$1,000,000
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit ,
Including Owned, Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
Endorsements Required
City of Miami included as an Additional Insured
III. Worker's Compensation
A. Limits of Liability
Statutory-State.of Florida
Waiver of subrogation .
IV. .Employer's' Liability
A. Limits of Liability _..,.....,_..___.__.._._,__. _..._._
$500;000 for bodily injury caused by an accident, each accident.
.$500,000 for bodily injury caused by disease, each employee
27
$500,000 for bodily injury caused by disease, policy limit
V. Umbrella Liability (Excess Follow Form)
A. Limits of Liability
Each Occurrence Limit S1,000,000
Aggregate Limit $1,000,000
City of Miami listed as an additional insured
The above policies shall provide City of Miami with written notice of cancellation or
material change from the insurer in accordance to policy provisions.
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.
28
EXHIBIT "D"
LIST OF EQUIPMENT/MATERIALS
TO BE STORED ON PROPERTY
Equipment
Pressure Washer
Epoxy Injector
Air compressors
Eyewash station (trailer mounted)
Construction Forklifts
Portable light plants
Diesel Generators
Dust Collectors
Blasting Equipment
Dumpsters and/or drums for construction and blast waste material
Portable toilets
Handwash station
Diesel tank
Miscellaneous equipment used in the industrial painting and marine fender industries
Materials
Fiberglass structurally reinforced composite piles (13" OD x 47' length)
Structural steel for bridge repairs
Blast media
Epoxy materials per FDOT §926
Structural steel coatings per FDOT § 561
Miscellaneous material used in the industrial painting and marine fender industries
29
EXHIBIT "E"
CONDITIONS OF USE FOR OCCUPANCY
1 Under no circumstance shall the Licensee place any soil, dredged materials or any
other materials that may cause environmental contamination of the Property.
2. If contamination is found to be left on the Property, Licensee shall at its sole cost and
expense pay to clean up its contamination.
3. Licensee shall cause a structural inspection of the riprap 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 riprap.
4. Licensee shall remove all pipes, fencing, equipment and soil additions and restore
Property to the same or better condition than the Property was in before its use,
except that the invasive trees do not have to be replaced.
5. Licensee agrees to restore and repair the riprap to its previous or better condition after
the expiration of its use.
6. Licensee's use of the submerged lands for barge unloading and loading activities will •
require approval to permit the use of the state-owned submerged lands and
environmental clearance from the Department of Enviromnental Protection ("DEP")
and other state or local agencies and mitigation. Licensee agrees to pay any
environmental mitigation costs and any fees arising from the Licensee's or Licensee's
subcontractors' use of the state-owned submerged lands.
30