HomeMy WebLinkAboutExhibit09-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. : 900
1000 N.W. 111t1i Avenue, Miami, Florida 33172 Item/Segment No.: 432748-3
February 11, 2016 — EV Managing District: 6
LICENSE
THIS LICENSE AGREEMENT, hereinafter known as Agreement, made the day of
, 20 , by and between CITY OF MIAMI, a municipal corporation 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 hereby grants to Licensee, its agents, representatives, employees, contractors, sub -contractors, and
consultants (hereinafter collectively referred to as "Licensee"), temporary access rights to enter and use, 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 ("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 ("Scope of work") 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 tenancy, or similar right of the Licensor to the Licensee. This Agreement
will automatically expire at the completion of the transportation project, or by the last day of May 2017, whichever
occurs earlier. The Scope of work is subject to the Licensee's providing the City's Department of Real Estate and
Asset Management Director (Daniel Rotenberg, DRotenberg@miamigov.com) (located at 444 SW 2 Avenue, 3'd
floor, Miami, Florida 33130) 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 900 Fin. No. 432748-3
A portion of the West 24.00 feet of the property located at: 6447 NE 7 Ave. Miami, FL 33138.
Folio Number: 01-3218-000-0030, as more particularly described in Exhibit "A" attached hereto and made a part
hereof.
Upon termination of the 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/Parcel.
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 construction contractor to maintain, at all time during the construction to be done during
the term of the License Agreement, Commercial General Liability insurance providing continuous coverage for
all work or operations performed under the Project contract. The limits of coverage shall not be less than
$1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts
provided by an umbrella or excess policy. Licensee shall cause the Licensee and the Licensor to be made an
Additional Insured as to such insurance. Additionally, the Licensee shall require its construction contractor to
provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all
employees.
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.
IN WITNESS WHEREOF, the Licensor has caused these presents to be executed in its name, and its
corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above
written.
ATTEST: CITY OF MIAMI, a Florida municipal corporation
Todd B. Hannon,
City Clerk
Daniel J. Alfonso,
City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS REQUIREMENTS
Victoria Mendez, Anne -Marie Sharpe,
City Attorney Director of Risk Management
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MATCH LINE
AM LINE
Exhibit "A"
19O SURVEY $ 537 5
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Exhibit "A"
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