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HomeMy WebLinkAboutExhibit 1Above Space is Reserved for Recording Information LICENSE AGREEMENT THIS .LICENSE AGREEMENT is hereby entered this _ day of 20 , by and between Miami -Dade County, whose address is 111 NW is' Street, Miami. FL 33128. (hereinafter referred to as the "LICENSOR" or "COUNTY") and the CITY OF MIAMI, a municipal corporation of the -State•of Florida, with offices at444 SW-21:19. Avenue, (Attn.: CIF Dept.,-8th-F1.) Miami, FL•33 130 (hereinafter • referred to as the "CITY"). WITNESSET El: WHEREAS, LICENSOR is the 'fee simple owner of certain real property located at 1 175 NW South River Drive, (Folio No: 01-3135-031-0010) in Miami -Dade County, Florida, as more particularly identified in Exhibit "A" attached hereto and, by reference, made a part hereof (hereinafter referred •to as the "License Area"); and WHEREAS, CITY desires to .use LICENSOR's property for the purpose of sioping, grading, and tying in right-of-way improvements with those of the License Area (hereinafter referred to as. the "VVORK"); and WHEREAS, the CITY's actions on the License Area will result in connecting the property's existing features to the. City's improvements in the area; and WHEREAS, LICENSOR has the full legal authority to execute this License Agreement as the Owner of the License Area and desires to grant to CITY a license -for -the aforementioned purpose; NOW, 'THEREFORE, for and in consideration of the terms, conditions and mutual covenants contained herein and other good and valuable consideration received by each party, the sufficiency of which are hereby acknowledged, .LICENSOR and CITY hereby agree as follows: LICENSOR hereby grants CITY, its agents, servants and assigns the right, privilege and license to use the .License Araa to locate, construct, install, Inspect, .alter, improve, maintain, repair, MOVE', and rebuild sidewalks, driveways, swaies, or back of .sidewalk connections to natural ground, allied and related improvements, on, upon and across said License Area with.the same existing material; and attain ingress and egress to and upon said License Area for the purpose of exercising the rights, privileges and license granted herein. The CITY does not guarantee, represent or warrant that this Work will be done and no such commitment or representation is made by the execution.of this License Agreement, This License granted hereby shall commence on the date of the Ci T Y's Notice to Proceed issued to a contractor and directing him to begin the WORK and shall continue in full force and effect thereafter for two (2) years from such date • unless terminated earlier by LICENSOR or CITY upon sixty (50) days prior written notice in the manner provided by Section 7,The City intends to issue a dated Notice to Proceed within one'(1) year of execution of this License Agreement; provided however, that if the City fails to do so, the County shall have the option to cancel this Agreement at such time by giving the City written notice in the manner provided by Section 8. 1 ?" The CITY shall use its best efforts to provide the .LICENSOR with five (5) days advance notification of when the WORK will begin. The City shall provide Licensor with the copy of the • dated Notice to Proceed on the same date it is issued to the contractor in the manner provided by Section 7. The City will maintain the original dated Notice to Proceed in its files. 3. LICENSOR retains the right to use the License Area in any manner not inconsistent with the rights herein granted to CITY provided, however, that, during the term of this License Agreement, the LICENSOR shall not disturb the improvements made to sidewalks, driveways, swales, or back of sidewalk -tie-ins to natural ground in any way without prior written approval from the CITY. CITY does hereby agree to indemnify and hold harmless the LICENSOR and its officers, employees, and instrumentalities to the extentallov✓ed-by Section §-768.28 Florida Statute from any and all liability, losses or damages, including attorneys' "Tees and costs of defense, which LICENSOR or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement .by the CITY or its employees, agents, servants, partners, principals or subcontractors. T ne CITY shall pay all claims and losses in connection therewith, and shall investigate and defend ail claims, suits or actions resulting from or in connection with this agreement in the name of the LICENSOR, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section § 766.28, Florida Statute., subject to the provisions of that Statute whereby the CITY shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of .$200,000, or any claim or judgment .or portions thereof, which, when totaled with all other occurrences, exceeds the sum of $300,000., from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise solely as a result of the negligence of the CITY. However, nothing herein shall .be deemed to indemnify the LICENSOR from any liability or claim arising out of the negligent performance or failure of performance of the LICENSOR or.any unrelated third party. 5. The City shall have its contractor(s) and subcontractor(s) furnish to Miami -Dade County, c/o the internal Services Department, Real Estate Development Division, -111 NW 1st Street, 24th "floor, Miami, FL 3312a, Certificate(s) of Insurance which indicate that Insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation insurance for all employees of the contractor(s) and subcontractor(s) as required by Florida Statute Chapter 440. 5. Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,D00 combined single limit per occurrence for bodily injury and property damage. Miami -Dade -County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $500;000 combined single limit per occurrence for bodily injury and property damage. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following specifications: The company must be rated no less than "B" as to management, and no less that "Class V" as to financial strength by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County's Internal Services Department, Risk Management Division. Or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All insurance Companies Authorized or Approved to do Business in Florida", issued by the State of Florida, Department of Financial Services and are members of the Florida Guaranty Fund. CERTIFICATE HOLDER MUST READ: MIAMI-DADS COUNTY 111 NW 1ST STREET SUITE 2340 MIAMI, FL 33128 The Licensor and the City of Miami will be named as additional insured's for all such required insurance policies. The City Risk Manager must approve such insurance coverage and provide a copy to the Licensor prior to the Contractor being issued a Nbtice to Proceed. The Contractor shall notify the City Risk Manager in writing immediately upon any lapse or material change in such policies. Upon such notification by the Contractor, the City's Risk Manager shall immediately notify the County in writing of such lapse or change. The City Risk Manager reserves the right to require such alternate or additional insurance as may be warranted in the exercise of the Risk Manager's professional.judgment. The Contractor shall be: required by the Invitation to Bid ("ITB") and the Construction Contract shall also contain .a requirement that the contractor(s) provide'a payment and performance bond at least in the amount and form required by Section 255.05, Florida Statutes, naming the County and City as joint obligees. The Construction Contract shall contain a contingency amount to address unforeseen conditions and owner required changes which shall not exceed ten percent (10%) of the base amount of the contract, uniess otherwise approved by designated representatives of the City. 6. CITY agrees that any and all work performed within the License Area and in association with the purposes of this License Agreement shall be done in a good, safe, workmanlike manner and in accordance with applicable "federal, state, and local statutes, rules, regulations and ordinances now in force. 7. Within ninety (90) calendar days after termination or expiration of this License Agreement and at the CITY's sole cost and expense, the CITY shall remove all equipment, accessories and materials owned by the CITY from the License Area and restore said License Area as nearly as practicable to its condition prior to the granting of this License Agreement. 8. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City of Miami: City Manager 3500 Pan American Drive Miami, Florida 33133 3 with copies to: Capital Improvements Director City of Miami 444 S.W. 2"6Avenue, - 8th Floor Miami, Florida 33130 City Attorney City of Miami 444-S,W.--2"d_AVenue,-- Oih Floor • iiliami, Florida 33130 For Licensor: Miami -Dade County GSA R/= Mgmt-Shop 1175 NW South River Drive Miami, FL 33136 9. The CITY agrees that any and all work to be performed shall not unreasonably or substantially interfere with the ingress or egress to the property of LICENSOR during its regular .business hours. Any .breach of this provision shall terminate this License Agreement following ten (ID) day notice from Licensor to the City Manager, when such breach is not substantially cured in such ten (10) day period. Nothing herein .shall be construed to be an admission or liability or fault by either party for any purposes. 10. Except as otherwise expressly set forth in this .License Agreement, any breach of any provision shall terminate this .License Agreement following sixty (60) day notice from Licensor to the City Manager, when such breach is not substantially cured in such sixty (60) day period. Nothing herein shall be construed to be an admission of liability orfault by either party for any purposes. 11, This License Agreement contains the full and final understanding between the parties of its subject matter and supersedes all prior, or contemporaneous oral or written communications and understandings between the parties as to its subject meter This License Agreement may only be amended by execution of an amendment signed by authorized persons employing the same formalities as used in this License Agreement. 12, The City and the County shall attempt to resolve any disputes, controversies or claims that may arise between them under the provisions of this Agreement under the provisions of the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes. y IN WITNESS WHEREOF, the undersigned parties have executed this License Agreement on the day and year first above written. LICENSOR (ALL OWNERS MUST SIGN AS LICENSORS): Miami -Dade County, a political subdivision of the State of Florida Signature: Print Name: by Its•Mayor:orother-Authorized=County•Ofiicer • -• Attest: • APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Clerk to the Board of County Commissioners County Attorney STATE OF FLORIDA., COUNTY OF MIAMI-DADS The foregoing instrument was acknowledged before me this day of , 20 by who is personally known to me or has produced as identification and who did not take an oath. Notary Stamp: Signature of Notary Public Taking Acknowledgment Print Name: Serial Number (if any): Commission Expires: ATTEST: Priscilla A. Thompson, City Clerk City of Miami,.a municipal corporation of the State of Florida Johnny Martinez, P.E., City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie O. Bru, City Attorney Calvin Ellis, Director Risk Management Department EXHIBIT "A" LICENSE AREA 1175 NW South River Drive A Portion of Folio No: D 1-3125-031-0010 rellv/OI-3135-028-00I II ExISTIIIG R/ Gt R E'/1510 N5 V unit 0r IIW SOUTH RIVER DRIVE UNSUNG R/w \ MMn�I rhi41. 3] 11:0 port OIOo35o (at.)Q1 n.i]rl ()Hying0I Rig C11.e Aode n10,60 3U3 l4.110 IUrnleo Aynle 050 A,c3,,Ar211 -)3c t cn�.leil�U6Iv�e SOuM 00 0. �9. rolle:0 I -3 135-029-0010 I) 1 / \-.,}��G/ run IIARMOIIIZATIo/I DETAIL SEE SHEET d0 CZ'1" op ALCM' Cyir97ilf, 7,IIrROf2'AIG'MS rRoclt,Or rt1OJEcr NAVE 1 r6A]lEcr 10 AIIAAII RIVER GRFEM4r1YS R-30651 S � IIARMOlRZA1l011 AREA HARMONIZATION PLANS 7- SI(EE7 NO- 4E -- rnlL,:d 1 —s 135-07,0-01110 Er 11 is jitsunvET tcoilsr. I f u NW 11T11 AVENUE I9 0 1-----'— 6 In LEscamI *30 Addrrsr.:11 R3 ITW 5 RIVER DRIVE folio:01-3135-030-0D10 R E VIS 10115 Gu1 Fon IIARIA0IlIZAI loll 1� S OEtAII SEE sMEE'i A9 ,,1141 Q 0 07 0 ?_0 lal Z F. J c7 IJA IF. IVrniJa n0•1e ___N&ILngratlet 117950 7000Il lrorvlell0il.�, SUI. A0n i o0 00110 0 160 r10 (curlmn1RI r,011. e71,7,1 011glll9BIIDg Cmancaln d Mleralmpen 110, 7101 E%157117C 71/10 IlARM017ITA11011 AREA J C(Tn- Or 1frA}rr CAPITAL Il11ll0NENN.N7o rno1:?Alf MIAMI RIVER GREENIVnrS1 IIA1R111O1VJZATrON PLANS 0-30651 SHEET NO. 43 /V10JEC7 NAME mice]' IU "6- tot( NATO LINE STA. 20 I 311.00 —= ----- 6 U1.4115 OF REC005TRUCT1011 CU(IS1. 11W 7111 STREET. I/CSC/UPI' n E vt5 ((INS OME ILd - .l I z _ ryt.IRVET -QCONST. Fart 11A11 10111ZAT1011 017(7(1 51E SIIEET 50 roue:01-3135-029-0010 NW 7TI-1 STREET /22 \\-PC11.. EX1541110 R/W 1 H Ur' 5t. E / \ t, - r=-- - Adir6r.n7.100 Illq •7111 SI 11EET 091Dr_1111AL C01100/.11111U1.1 EXIST MG it/WI Addre..,:l 000 UV/ 7111 rolln:t11-4107-005-00 I Cl7.1OP TWO 111..111 MI, Sviln Car.17AL INPROPEMENTS PROGItAfr " eq ?two taegO 1•1.no: 009 O10,23.1 MIcuollAnidal.1130 P/70JEC I NAIIE MC/JET' r ID atig limn 15 C.1111.SnfAtrthatntlantlo.71111 ro< P.9 (170,141 et/ MAU RIVER G17E-EAVA)-5 0-30651 Add,,,:100(1 7111 ST r,,11,01- 410Z -0 6- OD 10 11/41140,11ZAIIoti AREA HARMONIZATION PLANS 44 a EXI51111r: 1l/w f'..II u:o I-3135-OZ3-RQI o _ , I r%sUriv ¢ I N 1.EC0N51. w _1 — IJW 7TI-I STREET r0R IIARIA0IIIZA1 ISM DETAIL SEE SIIEEf 5I 124 1 � H OT'PI'3i' E `rcl p—I-1-- 1-1 `�I Addre..s, IMDO I1w 7111 ST UoIIo:01—J IO2—UI6—UOIO O Addrnss:1030 IIV/ 711, 5T O FolIo:01—A 10Z-015-017n ----_-725 1 OE SC:1l0I It /I F.VIS IO0S F.XISTIIIC R/w Atlornssc l 0Z0 11V1 711, 5T rn11n:0l—f 10Z-01 5-0110 Ilhm/o AVM. rm� 090e0 Inu.nod.,,su .o 1.11.n11'b1Ns 36160 rl..m:l0o610o,r,l ollgliooll g curly,,nMoll,'w°uTLIta,ln,.,lnf Rt.p,`,' 07 r or rr U rf /1fr`l0O VONEN)c J`/toGlt,f y 070JErr NAVE IfUAdll RIVER GREEMHN'S 0)m)Ecr /0 0-30551 I0 Addrnss:100n Nw 711, 51 rn11n:0 r —A 102-015 i OI110 MHARMONIZATION AREA II,9LId 101VIZ3 TION PLANS S//EE r NO- 45 N r0110 n 1 —3135 —On 9 —001 n \ 7,1 EE1511110 n/Y/ - OI NW 7r1-I STREET 1.Il.sUR,EY 726— 1J R E V/510115 `0-1 Ur t z \NI15 or nEc0115TRUc110N 29d'71.04, 53.7371 Ij 11. i;Uli51: IIW 7111 SIIIEEr_ EYIS1114n/W -/ fUR IIARIA0111ZAIIUII -/ bElAll 5EE 511EET 57 Addrnoo: S31 NW 1011 AVE r"allo:01-41 o;—ooz—oo l b IUN•Io1112A11011 AREA t4-.•:o 550, FFPI,Inwre• Rq, 09950 1300 II,,,•.i,11of Iw• 400 ule.rz, r4,1.10 33I. 1'01 n10.z]50 r.o (JOG) J0GI 0702351 cumnom or IW Gw/1035on l Io,711N CITY Of NIA /If CAPITAL f1fPR01Ti1(E-N7s I770CRAlf PIUJECr NNE /YVUEC5 /0 Il/ndll rIVEI? CREENWn1'S ©-30551 :\ ENU PROJECT STA. 1 27-1-50.00 HAE.R?ONIZA71ON PLA.ArS 5/5EEr No. 46 /4 \\\ Address: 1175 NW S. RIVER ORIVC Folio No.: C 1—3135-031-001 U • lAAICII To F%ISIIIIG—\ DIINEwAY :LEVA'11011 ; SAW DUI EXIST. Colic. rAVr. an' N.W. SOU IN RIVER DR. — 1 1 s 72° 54' 54 ° r N ?3 NA1C11 10 UIVAIIOI I DRIVEWAY EF.VAT1011 —\ A AX _ L 6.00x _ 7._00i 10.a9 EXIST. bRIVEWAIr DRIVEWAY SIOEYU,1 I 1.111VE57AY SECTION A -A OA1E 7' R 6 V 15 10 115 On I i.Y PLAN VIEW SL:ACC /./0 IV..r.Y•� 1...:.in �.E llH.w Ho. W955 13aa II If.rH1.11 nllvo, SWF• 4M Lll.ml, Rod. 33I5a IYmm;(Jdfj al 0-2350 r.c 010.1 al0Zial' Gvaarntn ol/ominlrnuon lb. 7184 CITY of Il/:l; rf CIPJT,ly ff/PROVEAfGNIS PROGRAM f?oiecr MA1/E 1/IAl// RIVER GREENWAYS r'R31ECr 10 0-30G51 mot,. n$r/IAL7 PAVELIEN0 H/rajil0Nrz.4TJON DB Arr, 5/IEE r 47