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HomeMy WebLinkAboutExhibit 109-LA.02-05/2000 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq., District Six Chief Counsel State of Florida Department of Transportation Parcel No. : 904 1000 N.W. 111th Avenue, Miami, Florida 33172 Item/Segment No.: 429159-1 October 10, 2012 - OS Managing District: 6 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made the day of , 20 , by and between CITY OF MIAMI, a municipality of the State of Florida, herein called Licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called Licensee. In consideration of the benefits accruing unto the licensor, the parties agree as follows: Licensor grants to Licensee, its agents, representatives, employees, contractors, sub -contractors, and consultants (hereinafter collectively referred to as "Licensee"), temporary access rights to enter upon, subject to the conditions and limitations hereinafter contained and solely for the term indicated herein, that certain city -owned property situated in the City of Miami, Miami -Dade County, Florida described below (the "Parcel") solely for the limited purpose of sloping, grading, tying in harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto, beginning with the date first above written. This Agreement is a simple License Agreement and conveys no interest, estate or real estate tenancy or similar right of the Licensor to the Licensee. This Agreement will automatically expire at the completion of the work or in five (5) years whichever occurs earlier, subject to the Licensee's providing the City's Public Facilities Director at 444 SW 2 Avenue, 3rd Floor, Miami, Florida 33130, within twenty-four (24) hours advance written notice of when (date and time) access is required by the licensee to commence work. This notice requirement shall not be construed to require daily notice, but it shall be sufficient that Licensee provide the reasonably anticipated time frame (dates) for conducting the described scope of work in the initial notice . The license parcel is described as follows: PARCEL 904: F.P. No. 429159-1 A portion of the South 12.0 and feet of the property located at 3600 N.W. 7th Avenue, Miami, FL. 33127. Folio Number: 01-3123-046-0020. Upon termination of the License Agreement, all rights and privileges derived from, and all duties and obligations created and imposed by the provisions of this Agreement, shall terminate and have no further force or effect; provided however that the termination of this Agreement shall not limit or affect any remedy at law or in equity that either party may have against any other parties with respect to any liability or obligation arising or to be performed under this Agreement prior to the date of such termination. Licensee agrees to perform the scope of work or cause its activities to be performed in a manner so as not to unreasonably interfere with the licensor's ownership and the use of its parcel. Upon completion of the scope of work, licensee agrees, at no cost to the licensor, to ensure that the parcel is restored to a similar condition as the parcel existed at the effective date of this Agreement and to repair and restore any damage to the parcel caused as a result of or by the conduct of the licensee's Scope of Work on the Property. R5R it --?D--wrqL Page 1 of 3 Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement, including but not limited to access to and any other uses of the parcel, and the effective term and any extensions or renewals, shall only be valid when they have been reduced to writing, duly authorized by the licensor. Licensee shall require its Contractor to maintain, at all times during the work to be done during the term of this Agreement, Contractor's Public Liability Insurance providing for a limit of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and, subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any one occurrence; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total or aggregate limit of $100,000 for all damages arising out of injury to, or destruction of, property during the policy period, or in policy limit amounts as amended from time to time and/or in accordance with the requirements for the project that is the subject of this Agreement; Licensee shall require contractor to list the Licensee and Licensor as additional insured . No work can be commenced until the City's Risk Manager has approved such insurance, the Risk Manager's approval will not be unreasonably withheld or delayed. FDOT is a state agency, self -insured and subject to the provisions of Section 768.28, Florida Statutes. Nothing in this agreement shall be deemed or otherwise interpreted as waiving the Licensee's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. The City of Miami is a Florida municipal corporation, self -insured and subject to the provisions of the Section 768.28, Florida Statutes. Nothing in this agreement shall be deemed or otherwise interpreted as waiving the Licensor's sovereign immunity protections or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. The making, execution and delivery of this agreement by licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. This Agreement shall not be recorded. IN WITNESS WHEREOF, the said licensor has caused these presents to be executed in its name by its City Manager, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. CITY OF MIAMI, a Florida municipal ATTEST: corporation By: Todd Harmon, City Clerk Johnny Martinez, P.E., City Manager Page 2 of 3 APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney Calvin Ellis, Director Risk Management Page 3 of 3